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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
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`CATERPILLAR INC.
`Petitioner
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`v.
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`MILLER UK LIMITED.
`Patent Owner
`______________________
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`Case Unassigned
`Patent No. 7,914,226
`______________________
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`DECLARATION OF FRANK J. FRONCZAK, Dr. Eng., P.E.
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`Page 1 of 60
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`CATERPILLAR EXHIBIT 1002
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`Contents
`INTRODUCTION ........................................................................................... 1
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`I.
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`II. QUALIFICATIONS ........................................................................................ 1
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`A.
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`B.
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`C.
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`D.
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`E.
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`F.
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`Education ............................................................................................... 1
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`Professional Certification ...................................................................... 1
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`Professional Experience ........................................................................ 2
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`Professional Organizations and Societies ............................................. 2
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`Honors and Awards ............................................................................... 3
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`Patents.................................................................................................... 3
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`III. MATERIALS CONSIDERED ........................................................................ 3
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`IV. TECHNOLOGY BACKGROUND ................................................................. 4
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`V. DEFINITION OF A PERSON OF ORDINARY SKILL IN THE ART ........ 5
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`VI. THE ’226 PATENT ......................................................................................... 5
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`A.
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`Effective Filing Date of the Patent ........................................................ 5
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`B. Disclosure and Claims of the ’226 Patent ............................................. 6
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`C. Meaning of Certain Claim Terms .......................................................... 7
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`“removable plate fixed” and “removable plate selectively fixed” ........ 8
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`VII. SUMMARY OF OPINIONS ........................................................................... 9
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`VIII. THE INVENTION OF THE ’226 PATENT CLAIMS IS OBVIOUS ......... 11
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`To a Person of Ordinary Skill in the Art, Aker ’249 in view of
`Peterson ’260 teach each and every element of claims 1, 3, 4, 6,
`8, and 9 of the ’226 Patent ................................................................... 11
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`1.
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`2.
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`Claim 1 ...................................................................................... 11
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`Claim 3 ...................................................................................... 31
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`3.
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`4.
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`5.
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`6.
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`Claim 4 ...................................................................................... 33
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`Claim 6 ...................................................................................... 34
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`Claim 8 ...................................................................................... 54
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`Claim 9 ...................................................................................... 55
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`IX. CONCLUSION .............................................................................................. 57
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`I.
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`INTRODUCTION
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`U.S. Patent No. 7,914,226
`Petition for Inter Partes Review
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`I, Frank J. Fronczak, have been retained by Finnegan, Henderson, Farabow,
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`Garrett, & Dunner, LLP (“Finnegan”) on behalf of Caterpillar Inc. (“Caterpillar”)
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`as an expert in the field of mechanical engineering, and in particular, design of
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`mechanical tools and devices. My qualifications in this area, as well as other areas,
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`are established by my curriculum vitae, attached as Appendix A. I am being
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`compensated for my time in this matter. This compensation is not contingent upon
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`my performance during this proceeding, the outcome of this proceeding, or any
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`issues involved in or related to this proceeding.
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`II. QUALIFICATIONS
`A. Education
`1.
`I obtained a Bachelor of Science in General Engineering in 1972 and a
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`Master of Science in Theoretical & Applied Mechanics in 1974 from the
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`University of Illinois (Urbana). I also obtained a Doctor of Engineering in
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`Engineering Design from the University of Kansas in 1977. Beyond schooling, I
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`have continued to educate myself through research and speaking engagements.
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`B.
`2.
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`Professional Certification
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`I am a registered Professional Engineer in Wisconsin. My license
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`number is 20680.
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`C.
`3.
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`Professional Experience
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`I began my professional career serving in various engineering roles.
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`After receiving my Master’s degree, I worked at NASA Langley Research Center
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`in 1974, where I served for nearly four years as a Project Engineer while obtaining
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`my Doctor of Engineering degree from the University of Kansas. After NASA, I
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`worked for over five years as a Research General Engineer for the U.S.
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`Department of Agriculture (USDA) Forest Service.
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`4.
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`I then spent over thirty years teaching and conducting research at the
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`University of Wisconsin before retiring in 2012. I started as a Lecturer and then
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`became an Assistant Professor. I was granted tenure and promoted first to
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`Associate Professor and then to Professor. I became an Emeritus Professor in the
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`Mechanical Engineering Department in 2013.
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`5.
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`I am also currently the Principal Mechanical Engineering Design
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`Advisor for Marvel Medtech, LLC, and I have served in this position since 2013.
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`D.
`6.
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`Professional Organizations and Societies
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`I am a Fellow of the Society of Automotive Engineers (SAE). I am a
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`former member of the American Society of Mechanical Engineers and the
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`American Society for Engineering Education. I also served as a member and Vice
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`Chairman of the State of Wisconsin Professional Engineering Licensing Board, as
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`well as serving in various capacities on numerous other committees and
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`organizations.
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`E. Honors and Awards
`7.
`I received the Polygon Teaching Award at the University of
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`Wisconsin three times and was twice the recipient of the Pi Tau Sigma
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`Distinguished Teacher Award. I received a Certificate of Merit and the Superior
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`Service Award from the USDA in 1981 and 1982, respectively. In 1985, I
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`received the SAE Teetor Award, an honor for young educators who successfully
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`prepare engineers for their future careers. Years later, in 1990, I received the SAE
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`International Off-Highway & Powerplant Conference Paper Award. I was granted
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`membership in the Wisconsin Teaching Academy in 2004, and in 2007, I received
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`the University of Wisconsin-Madison, College of Engineering Benjamin Smith
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`Reynolds Award as the faculty member who contributed the most to the design
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`education of engineering students. Most recently, I was elected as an SAE Fellow
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`in 2010.
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`F.
`8.
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`Patents
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`I am an inventor on six utility patents for my work, all of which relate
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`to mechanical devices.
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`III. MATERIALS CONSIDERED
`9.
`In forming my opinions, I have reviewed and relied upon the materials
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`cited in this report, the materials cited in Caterpillar’s petition, as well as those
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`listed in the attached Appendix C. My opinions are also formed in view of the
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`publications listed on my curriculum vitae, attached as Appendix A, and the
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`patents listed in my curriculum vitae are attached as Appendix B. In addition to
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`these materials, I may consider additional documents and information in forming
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`any supplemental opinions. To the extent I am provided additional documents or
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`information, including any expert declarations in this proceeding, I may offer
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`further opinions.
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`IV. TECHNOLOGY BACKGROUND
`10. U.S. Patent No. 7,914,226 (“the ’226 patent,” Ex. 1001), the patent at
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`issue in this proceeding, relates generally to the field of couplers, and in particular,
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`to a pin for securing elements in an accessory coupler for an excavator. (See, e.g.,
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`Ex. 1001, 1:10-13.) Excavators typically include a digging tool (such as a bucket
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`or shovel) or other accessory at the end of an excavator arm, which is often
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`hydraulically-powered to manipulate and orientate the accessory. In some
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`excavators, accessories are attached directly to the excavator arm via pins. Quick
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`couplers were designed to avoid having to manually couple or decouple
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`accessories directly to an excavator arm.
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`11.
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`Installed at the end of an excavator arm, couplers allow for a
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`relatively quicker change of accessories on the excavator. Couplers typically have
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`a pair of jaws for engaging respective pins on an accessory. By manipulating the
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`excavator arm (and consequently the coupler) an operator can position a respective
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`pin of an accessory into a respective jaw. While couplers can make attaching and
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`detaching accessories relatively more convenient and efficient, their use has some
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`risks. For example, when accessories are improperly engaged or hydraulics fail,
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`accessories can partially detach and swing free from the coupler or fall from the
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`excavator arm. This can lead to damage to a work site and can be dangerous for
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`bystanders and other personnel. Safety has long been a focus for mechanical
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`equipment and especially heavy-duty equipment operation. The safety drawbacks
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`in some couplers led to the use of safety mechanisms to keep accessories attached
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`to the couplers.
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`V. DEFINITION OF A PERSON OF ORDINARY SKILL IN THE ART
`12.
`It is my opinion that a Person of Ordinary Skill in the Art (“POSA”) at
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`the time of the of the ’226 patent in February 2006 would have at least a
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`Bachelor’s Degree in Mechanical Engineering, or equivalent, and two to three
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`years of experience designing mechanical devices comparable in complexity to the
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`couplers disclosed in the ’226 patent. This level of skill is approximate and more
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`industry experience could account for less formal education and vice versa.
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`VI. THE ’226 PATENT
`A. Effective Filing Date of the Patent
`13. The ’226 patent was filed on February 7, 2006 and does not claim
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`priority to any earlier U.S. applications. Thus, I understand its effective U.S. filing
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`date to be February 7, 2006. I have been advised and further understand that
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`references published before February 7, 2005 are prior art to the ’226 patent under
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`at least pre-AIA 35 U.S.C. § 102(b). I have been advised and further understand
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`that the ’226 patent claims priority to one foreign application—GB 3022197, filed
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`on August 17, 2005—but I have neither reviewed nor otherwise considered this
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`foreign application. I have been advised that the disclosure in this foreign
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`application does not affect the effective U.S. filing date of the ’226 patent
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`applicable under pre-AIA 35 U.S.C. § 102(b).
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`B. Disclosure and Claims of the ’226 Patent
`14. The ’226 patent discloses a device for use with an accessory coupler
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`attached to an excavator arm. (Ex. 1001 at 1:19-22.) More particularly, the ’226
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`patent discloses a safety pin to secure the engagement of elements in the accessory
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`coupler of the excavator. (See, e.g., id. at 1:10-13.) The pin comprises a head, a
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`shaft, and a distal end. (Id. at 1:53-54, Fig. 2.) The ’226 patent discloses that the
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`pin has a longitudinal axis that extends along the shaft from the head and
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`terminates at the distal end. (Id. at 1:54-56, Fig. 2.) The ’226 patent discloses that
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`an element may extend radially outward relative to a side of the shaft from the
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`distal end in a direction that is generally perpendicularly to the longitudinal axis.
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`(Id. at 1:56-60, Fig. 2.)
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`15. The ’226 patent also discloses that a side of the coupler includes a
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`hole for receiving the pin. (Id. at 2:65-67, Fig. 1.) The hole is sized to allow the
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`distal end of the pin to slide through the hole. (Id. at 3:1-4.) According to the ’226
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`patent, a locking plate may cover a sector of the hole. (Id. at 3:36-43, Fig. 2.)
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`While the locking plate may be welded in place to permanently lock the pin into
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`the coupler, the plate may also be removably fastened to the coupler. (Id. at 4:20-
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`23.) When the plate is attached, the pin will not pass through the hole because of
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`the element on the distal end of the pin. (See id. at 5:53-64.) However, by
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`removing the plate, the distal end of the pin may pass through the hole, which
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`allows the pin to be removed for servicing. (Id. at 5:64-67.)
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`16. The claims of the ’226 patent are directed to systems that include a
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`coupler, a pin insertable into the coupler through an aperture in a sidewall of the
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`coupler, and a plate fixed to the sidewall of the coupler that blocks a portion of the
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`aperture. (See, e.g., id. at Claim 1.)
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`C. Meaning of Certain Claim Terms
`17. There are two terms or phrases in the ’226 patent claims that require
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`clarification. I have been informed that in this proceeding, before the U.S. Patent
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`and Trademark Office, claim terms are given their broadest reasonable
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`interpretation in light of the specification. That is, claim terms are given their
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`ordinary and customary meaning as a POSA would understand them in view of the
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`patent’s specification. I also understand that the construction of claim terms
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`applied during this proceeding may differ from the construction used in a district
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`court. I have followed these claim construction principles in my analysis. In
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`addition, I have considered and agree with the Caterpillar’s proposed claim
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`constructions set forth in its petition as part of my analysis in this Declaration. I
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`reserve my right to amend or alter my analysis and opinions in view of the Patent
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`Owner’s proposed claim constructions, if any.
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`“removable plate fixed” and “removable plate selectively fixed”
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`18.
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` The ’226 patent recites these terms in independent claims 1 and 6,
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`respectively. (Ex. 1001 at Claims 1 and 6.) Though the ’226 patent does not
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`provide an explicit definition of these terms, it does provide guidance as to how
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`these terms are used in the claims. It is my opinion that a POSA would understand
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`that the phrases in the claims using these terms would include at least a
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`connection—using mechanical fasteners, e.g., bolts or screws—between a plate
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`and a sidewall of a coupler. Said another way, under the broadest reasonable
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`interpretation, these terms include a plate that is connected by mechanical
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`fasteners.
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`19. This is consistent with the specific examples of the locking plate in
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`the specification of the ’226 patent, at least with respect to the embodiments of
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`FIGS. 1 and 2. For example, the ’226 patent explains that the plate may be
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`removably fastened to the coupler, for example, by two bolts, which allows the
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`plate to be removed. (Id. at 4:22-25.) This is also consistent with the portions of
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`the ’226 patent describing that the plate is preferably screwed or bolted and
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`because the plate may be “only bolted to the coupler, the [] plate 42 can be
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`removed.” (Id. at 3:14-15, 5:64-65.)
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`20. Accordingly, in the absence of explicit guidance in the ’226 patent, a
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`POSA would recognize that the phrases in the claims using the terms “removable
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`plate fixed” and “removable plate selectively fixed” include at least a connection
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`using mechanical fasteners.
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`VII. SUMMARY OF OPINIONS
`21.
`I have been asked by Finnegan on behalf of Caterpillar to consider the
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`’226 patent and prior art related to it, and to offer my opinions on the effect of that
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`art on the claims of the ’226 patent. In preparing this declaration, I have been
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`educated generally on relevant patent law issues, including the standards for
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`anticipation and obviousness. Specifically, I understand that for a patent claim to
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`be anticipated (that is, to not be novel) a single prior art document must disclose,
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`either expressly or inherently, each and every claim limitation. I further
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`understand that to be inherently anticipated, a single prior art document must
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`necessarily and inevitably disclose the claim limitation at issue. I also understand
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`that, under the principles of inherency, if a prior art device (in its normal and usual
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`operation) would necessarily perform a claimed method, then the method claimed
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`will be considered to be anticipated by the prior art device. Likewise, I understand
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`that when a prior art device is the same as a device described in the specification
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`for carrying out the claimed method, it can be assumed the device will inherently
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`perform the claimed process.
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`22.
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`I also understand that a claim is not patentable if, as a whole, it would
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`have been obvious to a POSA when considering the prior art as a whole at the time
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`of invention. I understand that a POSA is not a specific real individual, but rather
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`is a hypothetical individual having the qualities reflected by the factors I describe
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`above in paragraph ¶ 12.
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`23. With this understanding and as clearly evidenced by the prior art
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`discussed in this declaration, the ’226 patent merely claims a system that was
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`already known in the art before the ’226 patent application was filed. In particular,
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`U.S. Patent 3,985,249 to Aker et al. (“Aker ’249”) (Ex. 1003), expressly discloses
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`and teaches almost every element of claims 1, 3, 4, 6, 8, and 9 of the ’226 patent.
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`The missing elements are found in other art—namely, U.S. Patent 5,597,260 to
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`Peterson (“Peterson ’260”) (Ex. 1004)—or are within the general knowledge of a
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`POSA. Accordingly, as discussed in more detail below, it is my opinion that
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`claims 1, 3, 4, 6, 8, and 9 of the ’226 patent are obvious combinations of elements
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`disclosed and taught in Aker ’249 and Peterson ’260.
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`VIII. THE INVENTION OF THE ’226 PATENT CLAIMS IS OBVIOUS
`To a Person of Ordinary Skill in the Art, Aker ’249 in view of Peterson
`’260 teach each and every element of claims 1, 3, 4, 6, 8, and 9 of the
`’226 Patent
`1.
`Claim 1
`24. Aker ’249 issued on October 12, 1976, and I understand Aker ’249 is
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`prior art to the ’226 patent at least because Aker ’249 was published more than one
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`year before the ’226 patent’s earliest effective U.S. filing date of February 7, 2006.
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`Peterson ’260 issued on January 28, 1997, and I understand Peterson ’260 is prior
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`art to the ’226 patent at least because Peterson ’260 was published more than one
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`year before the ’226 patent’s earliest effective U.S. filing date.
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`25. Throughout my declaration, I have interpreted the claims using the
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`broadest reasonable interpretation from the viewpoint of a POSA, and I have also
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`bolded the corresponding claim language. It is my opinion that Aker ’249
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`expressly discloses all but one of the elements of claim 1 of the ’226 patent.
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`Peterson ’260 expressly teaches the other element.
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`26.
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`In regard to claim 1, Aker ’249 discloses a system for retaining
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`engagement of first and second elements (e.g., mounting pin 68 and slot 46)
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`within a coupler (i.e., implement carrier frame 30). (Ex. 1003 at 3:23-29, 3:40-
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`52, Figs. 1, 2, 5, and 6.) Aker ’249 discloses an implement carrier frame 30 (i.e.,
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`coupler) that may be attached to an implement, such as bucket 60. (Id. at 3:23-26,
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`Fig. 1.) Aker ’249 explains that bucket 60 has a mounting pin 68 that may be
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`positioned to rest on a rear curved surface of a slot 46 in the implement carrier
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`frame so that the pin 68 may be locked into place with a locking mechanism 80.
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`(See id. at 3:40-52, Figs. 1 and 2.) A POSA would thus recognize that at least the
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`mounting pin 68 and slot 46 are engaged and are retained within the implement
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`carrier frame 30.
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`27. Aker ’249 also discloses that the system compris[es] a coupler (i.e.,
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`implement carrier frame 30). (Ex. 1003 at 3:3-26, 4:10-14, Figs. 1, 5-7.) Aker
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`’249 discloses, as shown below in annotated FIG. 1, an implement carrier frame 30
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`mounted on a boom assembly 10 of a loader tractor (not shown). (Id. at 2:66 - 3:5,
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`Fig. 1) The implement carrier frame 30 may be attached to an implement, such as
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`bucket 60. (Id. at 3:23-26, Fig. 1.) Because implement carrier frame 30 may be
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`attached (i.e., coupled) to bucket 60, (id.), a POSA would recognize that
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`implement carrier frame 30 is a coupler.
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`Boom assembly 10
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`Implement (bucket 60)
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`Implement
`carrier frame 30
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`28. Aker ’249 also discloses the coupler (i.e., implement carrier frame 30)
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`having a sidewall. (See id. at Figs. 5 and 7.) As shown in annotated FIGS. 5 and
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`6 below, Aker ’249 discloses that the implement carrier frame 30 has an outboard
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`wall 40, which fits into a mounting channel (e.g., channel 62) of the bucket 60.
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`(Id. at 3:54-60, Figs. 5 and 6.) The implement carrier frame 30 also includes a
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`mounting plate 90 that is fixedly attached to the outboard wall 40 and is offset
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`away from the outboard wall 40. (Id. at 4:36-40, Fig. 5.) Aker ’249 also discloses
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`a cylindrical container 86, which is mounted on the mounting plate 90. (See id. at
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`4:19-20, 4:36-37, Figs. 5 and 7.) In my opinion, a POSA would understand that
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`the outboard wall 40, the mounting plate 90, and the cylindrical container 86
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`collectively are part of a sidewall of the implement carrier frame 30 (i.e., coupler).
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`(See id. at Figs. 5 and 7.)
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`29. This is at least consistent with the portion of the ’226 patent
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`describing that “side plates of couplers are not necessarily flat, and are not
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`necessarily formed from a plate.” (Ex. 1001 at 5:34-38.) This is also consistent
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`with the embodiments shown in the ’226 patent, which include elements projecting
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`from a sidewall. For example, a POSA would recognize that a side plate 38 of the
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`coupler in FIG. 1 of the ’226 patent includes an outwardly projecting boss (not
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`numbered) at pin-receiving hole 18 and a stepped-up portion (not numbered) near
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`pivot pin 16. (See id. at 4:61-62, 5:34-38, Fig. 1.) Moreover, other embodiments
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`disclosed in the ’226 patent also include elements projecting from a sidewall; for
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`example, the embodiment shown in FIG. 4 includes a boss 54—which projects
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`from an aperture through which pin 20 extends. (See id. at 6:30-36, Fig. 4.) Thus,
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`in view of the disclosed embodiments in the ’226 patent, a POSA would recognize
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`that a sidewall is not necessarily flat and includes projections and other features.
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`Mounting
`channel 62
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`Inboard wall 38
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`Cylindrical container 86
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`Outboard wall 40
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`Mounting plate 90
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`30. Aker ’249 also discloses that the sidewall of the coupler (i.e.,
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`implement carrier frame 30) has an aperture formed therethrough. (See Ex.
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`1003 at Figs. 5 and 7.) Aker ’249 explains that a flange (e.g., flange 70) of the
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`bucket 60 may fit between the outboard wall 40 and the mounting plate 90 to allow
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`the bucket 60 to be locked to the implement carrier frame 30. (See id. at 4:1-3,
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`4:46-43, Fig. 5.) As shown in annotated FIG. 7 below, Aker ’249 discloses a pin
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`(e.g., automatic locking pin 84) that is carried in the cylindrical container 86. (Id.
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`at 4:1-9, 4:19-20, Fig. 7.) To lock the bucket 60 to the implement carrier frame 30,
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`the pin 84 may pass through the flange 70 of the bucket 60 and through the
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`outboard wall 40 of the implement carrier frame 30, as shown by position “A.”
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`(See id. at 4:9-14, 4:22-25, Fig. 7.) A POSA would recognize from viewing at
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`least FIG. 7 that the pin 84 is positioned in and passes through an aperture formed
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`through the sidewall (i.e., the outboard wall 40, mounting plate 90, and cylindrical
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`container 86) of the implement carrier frame 30 (i.e., coupler). (See id. at Fig. 7.)
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`Put differently, a POSA would recognize that Aker ’249 discloses an aperture that
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`extends through outboard wall 40, mounting plate 90, and cylindrical container 86.
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`As I discussed above in paragraph ¶ 29, a POSA would recognize that a sidewall in
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`view of the disclosure of the ’226 patent includes projections, bosses, and other
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`elements.
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`Outboard wall 40
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`Pin 84
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`Mounting
`plate 90
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`Cylindrical
`container 86
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`Aperture
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`31. Aker ’249 also discloses a safety pin (i.e., pin 84) insertable into an1
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`aperture formed through a2 sidewall (i.e., the outboard wall 40, mounting plate
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`1 It is my opinion that a POSA would recognize that, in view of the specification,
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`independent claim 1 includes an error. The term “an aperture” should be --the
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`aperture-- as recited earlier in claim 1.
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`2 It is my opinion that a POSA would recognize that, in view of the specification,
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`independent claim 1 includes an error. The term “a sidewall” should be --the
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`sidewall-- as recited earlier in claim 1.
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`90, and cylindrical container 86) of the coupler (i.e., implement carrier frame 30).
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`(See id. at 4:9-14, 4:22-26, Fig. 7.) According to Aker ’249, pin 84 enables a
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`vehicle operator to lock the implement carrier frame 30 to the bucket 60 while
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`minimizing exposure to safety hazards, and overcomes safety issues of previous
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`coupling systems. (See id. at 1:26-42.) As shown for example in FIG. 7, Aker
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`’249 discloses that the pin 84 is carried in cylindrical container 86 and may pass
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`through the outboard wall 40 and mounting plate 90. (See id. at 4:9-14, Fig. 7.)
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`Aker ’249 also explains that pin 84 may move between a restrained position “B”
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`and a locked position “A.” (See id. at 4:22-26, Fig. 7.) A POSA would thus
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`recognize, at least from viewing FIG. 7, that the pin 84 is insertable into the
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`aperture formed through the sidewall (i.e., the outboard wall 40, mounting plate 90,
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`and cylindrical container 86). (See id. at Fig. 7.)
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`32. Aker ’249 also discloses that the safety pin (i.e., pin 84) compris[es]
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`a head (i.e., handle collar 104). (See id. at 4:27-35, Fig. 7.) According to Aker
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`’249, the pin 84 has a leading portion 96 and an aft section 98, as shown in
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`annotated FIG. 7 below. (See id. at 4:27-28, Fig. 7.) The aft section 98 is attached
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`to a handle collar 104 that prevents a biasing means 88 from urging the pin 84 out
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`of the cylindrical container 86. (See id. at 4:31-35, Fig. 7.) A POSA would
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`recognize that the handle collar 104 is the “head” of the pin. (See id. at Fig. 7.)
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`Head of
`pin 84
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`Distal end
`of shaft
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`Leading portion 96
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`Shaft of pin 84
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`Aft section 98
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`33. Aker ’249 also discloses a shaft (i.e., shaft of pin 84) depending
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`from the head (i.e., handle collar 104) along a longitudinal axis, a distal end of
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`the shaft (i.e., the end at the juncture of leading portion 96 and aft section 98)
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`opposite the head. (See id. at 4:27-28, Fig. 7.) As explained in the preceding
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`paragraph, pin 84 has an aft section 98 and a leading portion 96. (Id.) As shown in
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`annotated FIG. 7 directly above, Aker ’249 shows that the pin 84 has a shaft
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`depending from the handle collar 104 of the pin 84 along a longitudinal axis
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`toward leading portion 96, which is opposite handle collar 104. (See id. at Fig. 7.)
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`A POSA would also recognize that the distal end of the shaft is the end of the shaft
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`at the juncture between the aft section 98 and the leading portion 96. (See id.)
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`34. Aker ’249 also discloses an element (i.e., a portion of the pin 84 that
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`is larger in diameter than the aft section 98) that extends radially outwardly
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`from a portion of the shaft. (See id. at 4:27-31, Fig. 7.) According to Aker ’249,
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`the leading portion 96 of the pin 84 is larger in diameter than the aft section 98.
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`(Id.) The difference in diameter provides a space to hold biasing means 88 captive
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`between surface 100 and a second surface 102 at one end of cylindrical container
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`86. (See id. at 4:29-31, Fig. 7.) A POSA would recognize that the portion of the
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`pin 84 that is larger in diameter than the aft section 98 (i.e., the element) extends
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`radially outward from a portion of the shaft, as shown in annotated FIG. 7 below.
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`Element (i.e., portion of the pin
`84 that is larger in diameter than
`the aft section 98)
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`Leading portion 96
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`Shaft of pin 84
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`Aft section 98
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`35. Aker ’249 also discloses that the shaft, the distal end of the shaft
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`and the element disposed in the aperture of the coupler. (See id. at Fig. 7.) As
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`discussed in paragraph ¶ 30 above, a POSA would recognize that the aperture
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`extends through outboard wall 40, mounting plate 90, and cylindrical container 86.
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`According to Aker ’249, to lock the bucket 60 to the implement carrier frame 30,
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`the pin 84 (which is positioned in cylindrical container 86) may be passed through
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`outboard wall 40 and mounting plate 90 of the implement carrier frame 30 and
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`through the outboard flange of the bucket 60. (See id. at 4:9-14, 4:22-26, Fig. 7.)
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`As shown in annotated FIG. 7 below, locking may be accomplished by moving pin
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`84 within the aperture between a restrained position (shown by position “B” in
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`FIG. 7) and a locked position (shown by position “A” in FIG. 7). (See id. at 4:24-
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`26, Fig. 7.) In my opinion, a POSA would recognize, that—whether in position
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`“A” or position “B”—the shaft, the distal end of the shaft, and the element (i.e., the
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`portion of the pin 84 that is larger in diameter than the aft section 98) are disposed
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`in the aperture of the coupler.
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`Element (i.e., portion of the pin
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`84 that is larger in diameter than
`the aft section 98)
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`Distal end
`of shaft
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`Shaft of pin 84
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`36. Aker ’249 also discloses a plate (i.e., the circular plate attached to the
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`outer end of cylindrical container 86) fixed to the sidewall (i.e., the outboard wall
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`40, mounting plate 90, and cylindrical container 86) of the coupler (i.e.,
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`implement carrier frame 30). (See id. at Fig. 5 and 7.) As shown in annotated
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`FIGS. 5 and 7 below, Aker ’249 shows a circular plate (not numbered) with a hole
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`(not numbered) attached to an outer end of cylindrical container 86. (See id. at Fig.
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`7 (showing the circular plate being a separate component from cylindrical
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`container 86 at least because it is illustrated with different cross-hatching than the
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`cylindrical container 86).) Accordingly, a POSA would recognize that the circular
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`plate is attached to the sidewall (i.e., the outboard wall 40, mounting plate 90, and
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`cylindrical container 86). Moreover, although Aker ’249 does not describe how the
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`circular plate is attached to the sidewall, a POSA would recognize that the circular
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`plate is fixed to cylindrical container 86, considering the operating conditions of