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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`
`ARTSANA USA, INC.
`Petitioner
`
`v.
`
`KOLCRAFT ENTERPRISES, INC.
`Patent Owner
`
`Patent No. 8,388,501
`Issue Date: March 5, 2013
`Filed: August 20, 2012
`
`Title: PLAY GYMS AND METHODS OF OPERATING THE SAME
`___________
`
`
`Case No. IPR:_____________
`
`___________
`
`AFFIDAVIT OF JEROME J. DROBINSKI
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`3111310-4
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`1
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`ARTSANA EXHIBIT 1010-1
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`I, Jerome J. Drobinski, being sworn, hereby state as follows:
`
`I.
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`Introduction
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`1.
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`I am a U.S. citizen, over the age of eighteen (18), a resident of
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`Arizona, and competent to testify regarding the matters in this Affidavit.
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`2.
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`I was retained as an expert witness in this proceeding on behalf of the
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`Petitioner, Artsana USA, Inc. (“Artsana”).
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`3.
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`I am being compensated at the rate of $250 per hour. I have no
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`interest in the outcome of this proceeding.
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`II. My Background and Qualifications
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`4.
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`I have been working in the juvenile products industry for more than
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`twenty-seven (27) years.
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`5.
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`I received a Bachelor of Science Degree from Newark College of
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`Engineering – New Jersey Institute of Technology (NJIT) in 1965.
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`6.
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`I received a Master’s Degree in Mechanical/Management Engineering
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`from Newark College of Engineering – NJIT in 1973.
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`7.
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`I have been the President of Global Development and Sourcing, Inc.
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`since 1994. My responsibilities as President include providing consulting services
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`to U.S. and international juvenile and toy products manufacturers with respect to
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`sourcing of product, product design, engineering, and business development.
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`3111310-4
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`2
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`ARTSANA EXHIBIT 1010-2
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`8.
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`I have been a Principal Consultant at Revmark, LLC since 1994. My
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`responsibilities as a Principal Consultant include product design analysis and
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`critique, product design for manufacture analysis, safety analysis, product
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`specification and
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`instruction sheet preparation, product sourcing, product
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`corrective action and design, implementation and execution, and consumer product
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`registration card data entry and management.
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`9.
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`I was employed by Graco Children’s Products from 1985-1994 in the
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`positions of Vice-President and General Manager of a manufacturing facility in
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`Bangkok, Thailand, which principally made play yards and strollers (1992-1994);
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`Vice-President, Product Development (1987-1992); and, General Manager, West
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`Coast Operations (1985-1987). As Vice-President, Product Development, I
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`managed the development and execution of all new products and product
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`modifications, which included the design and development of Graco’s top selling
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`Pack ‘N Play® play yards.
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`10.
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`I am a named inventor on multiple U.S. patents with at least six being
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`directed to play yards and play yard accessories and the remaining patents being
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`directed to bassinets, cribs, bedside sleepers, convertible child beds, changing
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`tables, strollers, and infant swings.
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`11.
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`I am an active member of the American Society of Testing and
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`Materials (ASTM), and participate in the ASTM Consumer and Juvenile Products
`3
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`3111310-4
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`ARTSANA EXHIBIT 1010-3
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`and ASTM Certification Committees. I recently served as Chairman of the ASTM
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`Commercial Cribs Committee and currently chair the Co-Sleeper Subcommittees.
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`I am a past ASTM Chairman of the Stroller and Carriage Subcommittee,
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`Soft/Frame Infant Carrier Subcommittee, and Ad Hoc Committee on Standards
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`Uniformity.
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`12. Through education and
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`industry
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`involvement,
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`I accumulated
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`significant training and experience and consider myself to be an expert in the arts
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`relevant to the ‘501 patent.
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`13.
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`I am qualified to provide my opinions as to what a person of ordinary
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`skill in the art would have known, understood, or concluded as of May 2003.
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`14. My current curriculum vitae is provided as Exhibit 1011.
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`III. List of Documents I Considered in Formulating My Opinions
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`15.
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`In formulating my opinions, I considered the following documents:
`
`Ex. No.
`1001
`1003
`1004
`
`1005
`
`1006
`1007- pg.
`22
`
`Document
`U.S. Patent No. 8,388,501 to Myers et al. (“the ‘501 Patent”)
`U.S. Patent No. 3,223,098 to Dole (“Dole)
`Graco Pack ‘N Play Model No. 386-11-01 Owner’s Manual
`(© 2001) (“Graco”)
`Century Fold-n-Go Care Center Manual (January 1998)
`(“Century”)
`U.S. Patent No. 2,948,287 to Rupert (“Rupert”)
`Exhibit 2, Answer to Complaint, Tyco Industries, Inc. v. Tiny
`Love, LTD, 914 F. Supp. 1068 (1996) (No. 95-1135)
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`3111310-4
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`4
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`ARTSANA EXHIBIT 1010-4
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`1008- pg.
`6,7,8
`1009- pgs.
`24, 39-41
`
`
`Affidavit of Ronald Brawer, Tyco Industries, Inc. v. Tiny
`Love, LTD, 914 F. Supp. 1068 (1996) (No. 95-1135)
`Exhibits 4, 12-14, Declaration of Denny Conley, Tyco
`Industries, Inc. v. Tiny Love, LTD, 914 F. Supp. 1068 (1996)
`(No. 95-1135)
`
`IV. The Person of Ordinary Skill in the Art
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`16.
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`I understand that a person of ordinary skill in the art is one who is
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`presumed to be aware of all pertinent art, thinks along conventional wisdom in the
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`art, and possesses ordinary creativity.
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`17. A person of ordinary skill in the art would have at least an associate
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`degree and 2 years of industry experience designing juvenile products, or the
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`equivalent thereof in education and industry experience. One of ordinary skill in
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`the art would have substantial familiarity with competitor designs and industry
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`developments.
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`V. U.S. Patent No. 8,388,501
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`18.
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`I understand that the ‘501 patent issued on March 5, 2013 from U.S.
`
`Application No. 13/589,777 (“the ‘777 application”), filed on August 20, 2012, on
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`behalf of Peter J. Myers and Joseph Paul Sejnowski. The ‘777 application is
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`identified as a continuation of U.S. Application No. 12/062,670, filed on April 4,
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`2008, now U.S. Patent No. 8,257,229, which is a continuation of U.S. Application
`5
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`3111310-4
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`ARTSANA EXHIBIT 1010-5
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`No. 10/751,071, filed on December 1, 2003, now U.S. Patent No. 7,376,993, which
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`is a continuation of U.S. Application No. 10/431,079, filed on May 7, 2003 and
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`now abandoned.
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`19.
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`It is my understanding that the earliest possible priority date of the
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`‘501 patent is May 7, 2003, the filing date of abandoned U.S. Application No.
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`10/431,079.
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`20.
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`I considered the ‘501 patent disclosure in light of what was known to
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`one skilled in the art as of May 7, 2003.
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`21. The ‘501 patent is directed to a play gym that can be connected to a
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`floor mat and positioned within a play yard and/or a bassinet. (‘501 Pat., Abstract).
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`22. The background section of the ‘501 patent admits, and I agree, that
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`portable play yards of the prior art “typically include a frame, a fabric enclosure
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`supported by the frame, and a removable floor board or mat.” (‘501 Pat., Col. 1., ll.
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`27-28).
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`23. The ‘501 patent admits, and I agree, that the prior art play yards often
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`were “provided with a portable bassinet of "... substantially the same size as the
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`play yard enclosures (i.e., the same width and length) ....” (‘501 Pat., Col. 1, ll. 37-
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`46).
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`3111310-4
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`ARTSANA EXHIBIT 1010-6
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`24. The ‘501 patent states, and I agree, that the prior art floor mats were
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`used as either the floor of the play yard and/or the bassinet. (‘501 Pat., Col. 1, ll.
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`54-55).
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`25. The background section of the ‘501 patent admits, and I agree, that
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`“[m]ats for use on a floor with an over-arching play gym have also become
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`popular” in the years preceding the filing of the ‘777 application. (‘501 Pat., Col.
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`1, ll. 60-61).
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`26. The background section of the ‘501 patent admits to “… a known
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`prior art device, a play gym having two flexible arches for suspending objects such
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`as toys or the like is coupled to the corners of a rectangular mat via snaps or the
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`like. The arches cross and are snapped to one another roughly above the middle of
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`the mat.” (‘501 Pat. Col. 1l. 61-66).
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`27. As I understand the teachings of the ‘501 patent, it is focused on
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`connecting the play gym to a bassinet or play yard in one mode and connecting the
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`play gym to a mat in another mode. (‘501 Pat. Col. 2, ll. 46-58).
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`28. The ‘501 patent describes connecting the floor mat to a bassinet or
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`play yard by using either a fastener, described as being a VELCRO® strip, or just
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`gravity. (‘501 Pat., Col. 3, ll. 53-58).
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`3111310-4
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`ARTSANA EXHIBIT 1010-7
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`29. The ‘501 patent describes connecting the play gym legs to the floor
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`mat by using connectors provided on the floor mat. (‘501 Pat., Col. 5, ll. 60 – Col.
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`6, ll. 52.)
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`30. The ‘501 patent describes the play gym as including a hub to which
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`the legs of the play gym are pivotably coupled. (‘501 Pat., Col. 4, ll. 13-28). The
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`legs may be pivoted between a stored position where they are generally parallel
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`and a deployed or extended position where they are inserted in and extend radially
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`outward from the hub. (‘501 Pat., Col. 4, ll. 13-18).
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`VI. Terms in the ‘501 Patent
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`31.
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`I understand that in an inter partes review, claim terms are given their
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`broadest reasonable interpretation that is consistent with the specification.
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`32.
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`It is my opinion that the terms used in the specification and claims of
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`the '501 patent, giving them the broadest reasonable interpretation that is consistent
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`with the specification, are used in their usual manner and I interpreted them in
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`accordance with their plain and ordinary meanings as understood by one skilled in
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`the art.
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`VII. Consideration of the Prior Art
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`A. U.S. Patent No. 3,223,098 to Dole (“Dole" or " Ex. 1003")
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`33. The Dole patent, entitled “Collapsible Shelter Construction,” issued
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`on December 14, 1965. Dole describes the shortcomings of prior art tent and
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`3111310-4
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`ARTSANA EXHIBIT 1010-8
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`shelter structures as including structures having individual parts that must be
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`severed prior to compaction, the susceptibility to misplacing or losing multiple
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`individual parts, and difficulty folding and packaging the individual parts of the
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`structure. (Ex. 1003, Col. 1, ll. 10-31). Dole addressed this problem with "… a
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`sectioned exterior frame-work,
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`the
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`individual sections of which remain
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`interconnected whether in set-up, collapsed, or folded condition." (Id. at Col. 1, ll.
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`37-40, Figs. 1, 4, and 5).
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`34. Dole describes (Id. at Col., 5, ll. 32-43) connecting the framework to
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`a floor mat as illustrated in Figure 2 below, and folding the framework into a
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`storage position on the multiple pivotal axis joined to the hub (Id. at Col. 5, ll. 1-
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`26) as illustrated in Figure 4 below.
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`3111310-4
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`ARTSANA EXHIBIT 1010-9
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`35. Dole illustrates the interconnection and cooperation between a hub,
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`resilient legs, and a floor mat (“Dole assembly”). Id. at Fig. 1. As one of skill in
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`the art, it is my opinion that the Dole assembly of Fig. 1 is suitable for use as a play
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`gym frame. Id at Col 5, ll. 51-57, and Fig. 1 (below).
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`
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`
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`B. Graco Pack ‘N Play® Owner’s Manual (“Graco” or “Ex. 1004”)
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`36. Graco Pack ‘N Play® Owner’s Manual has a 2001 copyright date.
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`(Ex. 1004, pg. 1).
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`37. Graco teaches the setup of the play yard along with a floor mat or
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`mattress that is placed onto a floor of the play yard as shown in Fig. 7 (below). (Id.,
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`pg. 7, see also Figs. 5, 6, 8). As shown in Figure 8 (below), the underside of the
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`floor mat or mattress includes a fastener at its perimeter edge that is described as a
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`3111310-4
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`10
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`ARTSANA EXHIBIT 1010-10
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`VELCRO® tab that is threaded through a slot on the play yard floor and attached
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`to the underside of the unit. (Id. at pg. 7, Fig. 8).
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`
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`38. Graco also teaches placement of the floor mat in a bassinet as shown
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`in Fig. 44 (below). (Id. at pgs. 19-20, see also Figs. 43, 45- 50)
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`
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`
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`C. Century Fold-n-Go™ Care Center Manual (“Century” or “Ex.
`1005”)
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`39. Century has a January 1998 date in the lower left hand corner of the
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`cover page. (Ex. 1005, pg. 1).
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`40. Century's instructions include set up and use of a play yard or a
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`bassinet with a floor mat. (Id. at Step 7, pg. 3 (below); see also pgs. 2, 4-6.) The
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`floor mat is secured to the play yard by “passing attachment strap through hole in
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`11
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`ARTSANA EXHIBIT 1010-11
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`bottom of play yard floor and securing attachment strap to underside of play yard.”
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`(Id. at Fig. 8 (below), pg. 4).
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`41. As shown in Fig. 8 (below), Century also teaches a bassinet where the
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`floor mat is placed in the bassinet to create the structure of the bassinet. (see also,
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`Id. at Figs. 6, 7, pg. 6).
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`
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`D. U.S. Patent No. 2,948,287 to Rupert (“Ex. 1006” or “Rupert”)
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`42. The Rupert patent, entitled “Quickly-Erectable Folding Portable
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`Shelter” and issued on August 9, 1960, discloses a portable framework having legs
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`coupled to a hub at one end and a floor mat at another end. (Ex. 1006, Fig. 1).
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`ARTSANA EXHIBIT 1010-12
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`43. Rupert teaches that the legs are pivotally mounted to a hub with radial
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`slots (Id. at Col. 2, ll. 40-69), to be erected, as shown in Fig. 1, above a floor or
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`folded with the legs positioned parallel to one another as shown in Figs. 4 and 5
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`below.
`
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`E. Tyco’s Sesame Street Cozy Quilt Gym (“Exs. 1007, 1008, and 1009 or
`Tyco”)
`
`44.
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`I understand that Exs. 1007, 1008, and 1009 are certified copies of
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`publication available to the public at least as early as their filing dates (May 9,
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`1995, June 16, 1995, and July 18, 1995, respectively) in a litigation styled as Tyco
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`Industries, Inc. v. Tiny Love, LTD and The Maya Group, Inc., in the United States
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`3111310-4
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`ARTSANA EXHIBIT 1010-13
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`District Court for the District of New Jersey, Civil Action No. 95-1135 ("Tyco
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`Litigation").1
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`45.
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`I reviewed the following pages of the Tyco publications:
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` Ex. 1007, pg. 22, is page 6 of a catalog depicting the Tyco that was filed as
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`Exhibit 2 to the Answer filed in the Tyco Litigation on May 9, 1995.
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` Ex. 1008, pgs. 6-8, is a copy of an excerpt from the February 1995 issue of
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`Juvenile Merchandising magazine which features the Tyco play gym that
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`was filed on June 16, 1995 in the Tyco Litigation as Exhibit 1 to the
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`Affidavit of Ronald Brawer.
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` Ex. 1009, pg. 24, 39-41, are photographs of the Tyco that were filed in the
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`Tyco Litigation on July 18, 1995 as Exhibits 4, 12-14 to the Declaration of
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`Denny Conley.
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`1 The Litigation is the subject of a reported decision, Tyco Industries, Inc. v. Tiny
`Love, LTD, 914 F. Supp. 1068 (1996).
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`14
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`3111310-4
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`ARTSANA EXHIBIT 1010-14
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`46. Tyco’s legs form a pair of arches crossing one another at a point
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`located above the center of the floor mat and include loops for hanging toys above
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`the mat. (Ex. 1009, pgs. 40, 41).
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`47. Each leg of Tyco includes a fastener that couples to a fabric loop
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`connector attached on the underside of the floor mat. (Ex. 1009, pg. 39).
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`ARTSANA EXHIBIT 1010-15
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`VIII. Analysis with Respect to Anticipation
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`48.
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`It is my understanding that a claim is anticipated only when each and
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`every element as set forth in the claim is found or described, either expressly or
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`inherently, in a single prior art reference.
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`49.
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`It is my understanding that a prior art reference is anticipatory even if
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`it is directed to an entirely different problem than the one addressed by the subject
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`claim, or from an entirely different field of endeavor so long as it explicitly or
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`inherently discloses every limitation recited in the anticipated claim(s).
`
`A. Dole Discloses Each and Every Element of Claims 14, 19, and 20 of
`the '501 Patent
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`50.
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`It is my opinion that Dole discloses the entirety of the subject matter
`
`of claims 14, 19, and 20 of the ‘501 patent.
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`51. The claim chart below demonstrates that one of ordinary skill in the
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`art upon reading Dole would understand that it discloses each and every element of
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`claim 14 of the ' 501 Patent.
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`3111310-4
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`ARTSANA EXHIBIT 1010-16
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`Claim 14 of the
`‘501 Patent
`14. An
`apparatus
`comprising: a play
`gym having a leg
`coupled to a hub,
`
`Disclosure in Dole
`
`Dole discloses a device comprising a hub and leg
`framework. The frame (10) includes legs (23-26) “coupled”
`to a hub (13). Dole at Fig. 1, 5, 6; Dole at Col. 2, ll. 49-54
`(“[A] collapsible frame 10 ... includes four elongated legs
`23, 24, 25 and 26 and two peak bars 20a and 20b, all of
`which project or depend from a junction unit 13.”)
`
`the hub having a
`cavity and the leg
`having a first end
`and a second end;
`
`
`Dole teaches the hub (13) having a cavity (e.g., 15b, 15c)
`and the legs (23, 24, 25 and 26) have first ends (e.g., “upper
`ends of sections 27a and 27b of legs 23 and 24”, Dole at
`Col. 3, ll. 62) and second ends (e.g., “the foot of each leg”,
`Dole at Col. 5, ll. 34). See Dole at Figs. 1, 5.
`
`a first fastener
`coupled to the first
`end of the leg to
`attach the leg to the
`hub and
`
`
`
`
`Dole teaches the first ends of the legs (i.e., upper ends of the
`legs (23-26)) having fasteners (reduced diameters) that are
`each in telescopic engagement with openings (14b, 14c,
`15b, 15c) of the hub (13) to attach the legs to the hub. Dole
`at Figs. 1, 5.
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`3111310-4
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`ARTSANA EXHIBIT 1010-17
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`a second
`fastener extending
`from the second
`end of the leg,
`
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`Dole teaches the second end of the leg (e.g., 31a) includes a
`second fastener (a foot section (32)). Dole at Fig. 2. See also
`Dole at Fig. 1; Col. 4, ll. 36-41. (“Subtending the bottom
`ends of legs 23, 24, 25 and 26 and telescopically and
`coaxially engaged therein ... are feet 32....”)
`
`the first fastener
`to enable the first
`end of the leg to be
`positionable
`relative to the
`cavity of the hub;
`and
`
`The upper end of the legs (23-26) each have a reduced
`diameter that is in telescopic engagement with openings
`(14b, 14c, 15b, 15c) of the hub (13) to allow the legs to be
`“positionable” relative to the cavity (openings) of the hub.
`Figs. 1, 5, 6.
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`
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`
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`Dole discloses a floor portion (11) having an upper and
`18
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`a floor mat
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`ARTSANA EXHIBIT 1010-18
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`lower surface is “couplable” to the frame (10). Dole at Figs.
`1, 2; Col. 4, ll. 36-55; Col. 5, ll. 27-44.
`
`Dole teaches that the floor portion (11) has an upper surface
`and a bottom surface having a first connector (e.g., tab
`(12a)) that includes an opening (42) to receive the fastener
`(foot section (32)) of the leg (23) when the leg (23) is
`coupled to the floor portion (11). Dole at Figs. 1, 2; See also
`Dole at Col. 5, ll. 27-44.
`
`
`
`
`removably
`couplable to the
`play gym
`
`the floor mat
`defining an upper
`surface and a
`bottom surface, the
`bottom surface
`having a first
`connector that
`includes an
`opening to receive
`the fastener of the
`leg when the play
`gym is coupled to
`the floor mat.
`
`
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`52. The claim chart below demonstrates that one of ordinary skill in the
`
`art upon reading Dole would understand that it discloses each and every element of
`
`claims 19 and 20 of the '501 Patent.
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`3111310-4
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`19
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`ARTSANA EXHIBIT 1010-19
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`Disclosure in Dole
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`Tab (12a) is positioned “adjacent” to a perimeter edge of the
`mat (11). Dole at Figs. 1, 2
`
`
`Disclosure in Dole
`
`
`
`Dole inherently teaches the connector (e.g., tab (12a)) is
`pivotally coupled to the floor (11). Dole at Fig 2.
`
`
`
`Claim 19 of the
`‘501 Patent
`19. The
`apparatus of claim
`14, the first
`connector of the
`floor mat is
`positioned adjacent
`a perimeter edge of
`the floor mat.
`
`
`Claim 20 of the
`‘501 Patent
`20. The
`apparatus of claim
`14, wherein the
`first connector is
`pivotally coupled
`to the floor mat.
`
`
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`53. As demonstrated above, Dole discloses each and every element of
`
`claims 14, 19, and 20 in a sufficiently detailed manner such that a person of
`
`ordinary skill in the art would have made and used the claimed subject matter.
`
`B. Rupert Discloses Each and Every Element of Claims 14 and 19 of the
`'501 Patent
`
`54.
`
`It is my opinion that Rupert discloses the entirety of the claimed
`
`subject matter of claims 14 and 19 of the ‘501 patent.
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`3111310-4
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`20
`
`ARTSANA EXHIBIT 1010-20
`
`
`
`
`
`55. The claim chart below demonstrates that one of ordinary skill in the
`
`art reading Rupert would understand that it discloses each and every element of
`
`claim 14 of the ' 501 Patent.
`
`Claim 14 of the
`‘501 Patent
`14. An
`apparatus
`comprising: a play
`gym having a leg
`coupled to a hub,
`
`Disclosure in Rupert
`
`Rupert discloses a device comprising a hub and leg
`framework. The frame (12) includes legs (50) “coupled” to
`a hub (14). Rupert at Figs. 1-7;
`
`the hub having a
`cavity and the leg
`having a first end
`and a second end;
`
`Rupert teaches the hub (14) having a cavity (20) and the
`legs (50) have first ends (e.g., “the upper end portions of rib
`units, generally designated 48”, Rupert at Col. 2, ll. 65-66)
`and second ends (e.g., “The lower ends 64 of the ribs 50....”,
`Rupert at Col. 3, ll. 3-4). See Rupert at Figs. 1-7.
`
`
`
`
`
`
`
`
`
`Rupert teaches the first ends of the legs (i.e., “the upper end
`21
`
`a first fastener
`
`
`
`
`3111310-4
`
`ARTSANA EXHIBIT 1010-21
`
`
`
`
`
`coupled to the first
`end of the leg to
`attach the leg to the
`hub and
`
`portions of rib units”, Rupert at Col. 2, ll. 65) having
`fasteners (i.e., rib holders 46) to attach the leg (50) to the
`hub (14). Rupert at Figs. 1-7; Col. 2, ll. 64-65 (“Pivotally
`mounted in the radial slots 20 are rib holders 46....”).
`
`a second
`fastener extending
`from the second
`end of the leg,
`
`Rupert teaches the second end of the leg (e.g., 64) includes a
`second fastener. Rupert at Fig. 1; Col. 3, ll. 3-6. (“[t]he
`lower ends 64 of the ribs 50 are preferably pointed or
`provided with frictional rubber tips or the like to cause them
`to resist sliding ....”).
`
`
`Rupert teaches the fasteners (i.e., rib holders 46) enable the
`first end of the leg to be positionable relative to the cavity
`(20) of the hub (14). Rupert at Fig. 1,2; Col. 1, ll. 19-28.
`
`Rupert teaches a floor (72) that is couplable to the frame
`(12). Rupert at Fig. 1; Col. 3, ll. 20-24.
`
`
`Rupert teaches a floor (72) having an upper surface and a
`22
`
`the first fastener
`to enable the first
`end of the leg to be
`positionable
`relative to the
`cavity of the hub;
`and
`
`a floor mat
`removably
`couplable to the
`play gym
`
`the floor mat
`
`
`
`
`3111310-4
`
`ARTSANA EXHIBIT 1010-22
`
`
`
`
`
`defining an upper
`surface and a
`bottom surface, the
`bottom surface
`having a first
`connector that
`includes an
`opening to receive
`the fastener of the
`leg when the play
`gym is coupled to
`the floor mat.
`
`
`bottom surface, the bottom surface having connectors that
`include openings (i.e., grommets (70)) for receiving the
`fasteners of the legs when the frame (12) is coupled to the
`floor (72). Rupert at Fig. 1; Col. 3, ll. 20-24.
`
`
`
`56. The claim chart below demonstrates that one of ordinary skill in the
`
`art upon reading Rupert would understand that it discloses each and every element
`
`of claim 19 of the '501 Patent.
`
`Claim 19 of the
`‘501 Patent
`19. The
`apparatus of claim
`14, the first
`connector of the
`floor mat is
`positioned adjacent
`a perimeter edge of
`the floor mat.
`
`
`
`Disclosure in Rupert
`
`Rupert teaches the grommets (70) are positioned adjacent to
`the perimeter edges of the floor (72). Rupert at Fig. 1.
`
`
`
`
`57. As demonstrated above, each and every element of claims 14 and 19
`
`is disclosed in Rupert in a sufficiently detailed manner such that a person of
`
`ordinary skill in the art would have made and used the claimed subject matter.
`
`
`
`
`3111310-4
`
`23
`
`ARTSANA EXHIBIT 1010-23
`
`
`
`
`
`IX. Analysis with Respect to Obviousness
`
`58.
`
`It is my understanding that an obvious analysis involves comparing a
`
`claim to the identified prior art to determine whether the claimed invention would
`
`have been obvious to one of ordinary skill in the art before the effective filing of
`
`the application. It is my further understanding that obviousness can be established
`
`by in various ways such as: (a) combining prior art elements according to known
`
`methods to yield predictable results; (b) simple substitution of one known element
`
`for another to obtain predictable results; (c) use of a known technique to improve
`
`similar devices in the same way; (d) applying a known technique to a known
`
`device ready for improvement to yield predictable results; (e) applying known
`
`work in one field of endeavor for use in either the same field or a different one
`
`based on design incentives or other market forces; and/or, (f) a teaching,
`
`suggestion, or motivation in the prior art that would have led one of ordinary skill
`
`in the art to modify the prior art teachings to arrive at the claimed invention.
`
`A. Comparison of Claims 1-13, 15, 16, and 18 of the '501 Patent to Dole
`in view of Graco
`
`59. The subject matter of claims 1-13, 15, 16, and 18 of the '501 Patent
`
`would have been obvious to one of ordinary skill in the art in view of the
`
`disclosures of Dole and Graco for the reasons detailed below.
`
`
`
`
`
`
`3111310-4
`
`24
`
`ARTSANA EXHIBIT 1010-24
`
`
`
`
`
`Claim 1 of the
`‘501 Patent
`1. An apparatus
`comprising: at least
`one of a play yard
`or a bassinet;
`
`a floor mat
`dimensioned to
`substantially cover
`a floor of the play
`yard or the
`bassinet,
`
`the floor mat
`having a connector
`positioned in
`proximity to a
`perimeter edge of
`the floor mat, and
`
`the floor mat to
`couple to at least
`one of the play
`yard or the bassinet
`when the floor mat
`is located within
`the play yard or the
`bassinet; and
`
`
`
`
`3111310-4
`
`Dole and Graco
`
`Graco teaches at least one of play yard and a bassinet. Graco
`at pg. 1 and Fig. 44, pg. 19.
`
`
`Graco teaches a floor mat that substantially covers a floor of
`the play yard or the bassinet. Graco at Fig. 7, pg. 7 and Fig.
`44, pg. 19.
`
`Dole teaches a connector (e.g., tab (12a)) that is positioned
`in proximity to a perimeter edge of the floor mat (11). Dole
`at Figs. 1, 2.
`
`
`Graco teaches a floor mat that “couples” to the play yard or
`the bassinet when the floor mat is located within the play
`yard or the bassinet. Graco at Figs. 7-8, pg. 7, Fig. 44, pg.
`19.
`
`
`It would have been obvious to one of ordinary skill in the art
`to couple the floor mat (11) of Dole to the play yard or
`25
`
`ARTSANA EXHIBIT 1010-25
`
`
`
`bassinet of Graco.
`Dole teaches a hub and leg framework (10) that suspends an
`object (e.g, tent 21) above the floor mat (11). Dole at Figs.
`1; Col. 5 ll. 27-50.
`
`
`Dole teaches the frame (10) has a fastener (foot section
`(32)) to engage the connector (e.g., tab (12a)) of the floor
`(11) to couple the frame (10) to the floor mat (11). Dole at
`Figs. 2.
`
`Graco teaches the floor mat “couples” to the play yard when
`located in the play yard. Graco at Figs. 7-8, pg. 7, Fig. 44,
`pg. 19.
`
`
`
`a play gym to
`suspend an object
`above the floor
`mat,
`
`the play gym
`having a fastener to
`engage the
`connector of the
`floor mat to couple
`the play gym to the
`floor mat,
`
`the floor mat to
`couple the play
`gym to the play
`yard or the bassinet
`when the play gym
`is positioned in one
`of the play yard or
`the bassinet.
`
`
`It would have been obvious to position Dole’s assembly in
`the play yard or bassinet of Graco.
`
`
`
`
`
`60. As demonstrated above, it would have been obvious to one of
`
`ordinary skill in the art to combine or couple Dole’s assembly with Graco’s play
`26
`
`
`
`
`3111310-4
`
`ARTSANA EXHIBIT 1010-26
`
`
`
`
`
`yard to arrive at the claimed invention. One of ordinary skill in the art would
`
`understand that Dole and Graco would be easily combinable by placing the Dole
`
`hub and leg framework and floor mat inside the Graco play yard or bassinet. One
`
`of ordinary skill in the art would also understand that the “to couple” element
`
`could be accomplished by any known method, such as the VELCRO® fasteners
`
`disclosed in Graco or the force of gravity.
`
`61. As demonstrated below, the subject matter of dependent claims 2-8
`
`would have been obvious to one of ordinary skill in the art in view of Dole and
`
`Graco.
`
`Claim 2 of the
`‘501 Patent
`2. The apparatus
`of claim 1, wherein
`the play gym
`comprises a
`plurality of legs,
`each of the legs
`having a first end
`coupled to a hub
`and a second end
`having the fastener.
`
`
`
`
`
`
`
`
`
`
`
`3111310-4
`
`Disclosure in Dole and Graco
`
`Dole teaches the frame (10) comprises a plurality of legs
`(23-26), each having a first end coupled to a hub (13) and a
`second end having a fastener (foot section (32)). Dole at
`Figs. 1, 2, 5; Col. 3, ll. 62-68.
`
`
`
`27
`
`ARTSANA EXHIBIT 1010-27
`
`
`
`
`
`
`
`Claim 3 of the
`‘501 Patent
`3. The apparatus
`of claim 2, wherein
`the plurality of legs
`form crossing
`arches coupled to
`each other via the
`hub when the play
`gym is coupled to
`the floor mat.
`
`
`Claim 4 of the
`‘501 Patent
`4. The apparatus
`of claim 2, wherein
`the legs of the play
`gym are movable
`between a stored
`position at which
`the legs are
`positioned
`generally parallel
`to each other and
`an extended
`position at which
`the legs extend
`generally radially
`outward from the
`hub.
`
`
`
`
`
`
`
`
`
`3111310-4
`
`Disclosure in Dole and Graco
`
`Dole teaches the legs (23-26) form crossing arches coupled
`to each other via the hub (13) when the frame (10) is
`coupled to the floor (11). Dole at Fig. 1; Col. 1, ll. 61-66.
`
`
`
`Disclosure in Dole and Graco
`
`Dole teaches the legs (23-26) are movable between a stored
`position at which the legs are positioned generally parallel
`to each other and an extended position at which the legs
`extend generally radially outward from the hub. Dole at
`Figs. 1, 4 5.
`
`
`
`28
`
`ARTSANA EXHIBIT 1010-28
`
`
`
`
`
`
`
`
`Claim 5 of the
`‘501 Patent
`5. The apparatus
`of claim 2, wherein
`the hub defines a
`plurality of
`cavities, the
`cavities to receive a
`respective one of
`the legs when the
`play gym is in the
`extended position.
`
`
`Claim 6 of the
`‘501 Patent
`6. The apparatus
`of claim 1, wherein
`the connector of the
`floor mat is
`positioned on an
`underside of the
`floor mat.
`
`
`Claim 7 of the
`‘501 Patent
`7. The apparatus
`of claim 6, wherein
`the connector is
`pivotally coupled
`to the underside of
`the floor mat.
`
`
`
`
`
`
`3111310-4
`
`Disclosure in Dole and Graco
`
`Dole teaches the hub (13) has a plurality of cavities
`(openings 14b, 14c, 15b, 15c)) that receive a respective one
`of the legs (23-26) when the framework is in the extended
`position. Dole at Figs. 1, 5.
`
`Disclosure in Dole and Graco
`
`Dole teaches the connector (e.g., tab (12a)) is positioned on
`an underside of the fabric floor (11). Dole at Fig 2.
`
`Disclosure in Dole and Graco
`
`Dole inherently teaches the connector (e.g., tab (12a)) is
`pivotally coupled to the underside of the fabric floor (11).
`Dole at Fig 2.
`
`29
`
`ARTSANA EXHIBIT 1010-29
`
`
`
`
`
`Claim 8 of the
`‘501 Patent
`8. The apparatus
`of claim 1, wherein
`the connector
`comprises a plate.
`
`Disclosure in Dole and Graco
`
`Dole teaches the connector (12a) comprises a plate. Dole at
`Fig. 2.
`
`
`62. As demonstrated above, one of ordinary skill in the art would
`
`
`
`recognize that the additional elements recited in dependent claims 2-8 of the ‘501
`
`patent are well known in the art, and they do not add any novel or inventive
`
`element to the claims from which they depend.
`
`63. As demonstrated below, it would have been obvious to one of
`
`ordinary skill in the art to combine the Graco play yard with the Dole assembly to
`
`arrive at the claimed subject matter. One of ordinary skill in the art would
`
`understand that the Dole floor mat connectors for connecting the floor mat to the
`
`hub and leg framework and the Graco floor mat connectors for connecting the floor
`
`mat to the play yard or bassinet would be easily combinable to arrive at a floor mat
`
`with multiple connectors that attach the floor mat to both the play yard and the play
`
`gym. One of ordinary skill in the art would know to secure the play yard floor mat
`
`to the play yard structure, such as taught by Graco. In addition, one of ordinary
`30
`
`
`
`
`3111310-4
`
`ARTSANA EXHIBIT 1010-30
`
`
`
`
`
`skill in the art would know that in order for a play gym structure to be retained in
`
`an extended position above a floor mat, the play gym would need to be secured,
`
`which can be achieved
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