`
`
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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
`
`___________
`
`Case: IPR2015-__________
`
`Patent No. 8,388,501
`
`___________
`
`AFFIDAVIT OF JEROME J. DROBINSKI
`
`
`
`
`
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`ARTSANA EXHIBIT 1016-1
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`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
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`Patent No. 8,388,501
`
`
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`I, Jerome J. Drobinski, being sworn, hereby state as follows:
`
`I.
`
`Introduction
`
`1.
`
`I am a U.S. citizen, over the age of eighteen (18), a resident of
`
`Arizona, and competent to testify regarding the matters in this Affidavit.
`
`2.
`
`I was retained as an expert witness in this proceeding on behalf of the
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`Petitioner, Artsana USA, Inc. (“Artsana”).
`
`3.
`
`I am being compensated at the rate of $250 per hour. I have no
`
`interest in the outcome of this proceeding.
`
`II. My Background and Qualifications
`
`4.
`
`I have been working in the juvenile products industry for more than
`
`twenty-seven (27) years.
`
`5.
`
`I received a Bachelor of Science Degree from Newark College of
`
`Engineering – New Jersey Institute of Technology (NJIT) in 1965.
`
`6.
`
`I received a Master’s Degree in Mechanical/Management Engineering
`
`from Newark College of Engineering – NJIT in 1973.
`
`7.
`
`I have been the President of Global Development and Sourcing, Inc.
`
`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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`
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`2
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`ARTSANA EXHIBIT 1016-2
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`
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`AFFIDAVIT OF J. J. DROBINSKI
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`Patent No. 8,388,501
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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
`
`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.
`
`9.
`
`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
`
`managed the development and execution of all new products and product
`
`modifications, which included the design and development of Graco’s top selling
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`Pack ‘N Play® play yards.
`
`10.
`
`I am a named inventor on multiple U.S. patents with at least six being
`
`directed to play yards and play yard accessories and the remaining patents being
`
`directed to bassinets, cribs, bedside sleepers, convertible child beds, changing
`
`tables, strollers, and infant swings.
`
`11.
`
`I am an active member of the American Society of Testing and
`
`Materials (ASTM), and participate in the ASTM Consumer and Juvenile Products
`
`
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`3
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`ARTSANA EXHIBIT 1016-3
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`AFFIDAVIT OF J. J. DROBINSKI
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`Patent No. 8,388,501
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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.
`
`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
`
`Uniformity.
`
`12. Through education and
`
`industry
`
`involvement,
`
`I accumulated
`
`significant training and experience and consider myself to be an expert in the arts
`
`relevant to the ‘501 patent.
`
`13.
`
`I am qualified to provide my opinions as to what a person of ordinary
`
`skill in the art would have known, understood, or concluded as of May 2003.
`
`14. My current curriculum vitae is provided as Exhibit 1011.
`
`III. List of Documents I Considered in Formulating My Opinions
`
`15.
`
`In formulating my opinions, I considered the following documents:
`
`Ex. No.
`1001
`1003
`1004
`
`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”)
`
`1005
`
`Century Fold-n-Go Care Center Manual (January 1998)
`(“Century”)
`
`1006
`
`U.S. Patent No. 2,948,287 to Rupert (“Rupert”)
`
`1015
`
`1995 Tyco Playtime™ Catalog © 1994 (“Tyco”), cover,
`inside of the front cover, pgs. 6,7
`
`
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`
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`4
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`ARTSANA EXHIBIT 1016-4
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`AFFIDAVIT OF J. J. DROBINSKI
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`Patent No. 8,388,501
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`IV. The Person of Ordinary Skill in the Art
`
`16.
`
`I understand that a person of ordinary skill in the art is one who is
`
`presumed to be aware of all pertinent art, thinks along conventional wisdom in the
`
`art, and possesses ordinary creativity.
`
`17. A person of ordinary skill in the art would have at least an associate
`
`degree and 2 years of industry experience designing juvenile products, or the
`
`equivalent thereof in education and industry experience. One of ordinary skill in
`
`the art would have substantial familiarity with competitor designs and industry
`
`developments.
`
`V. U.S. Patent No. 8,388,501
`
`18.
`
`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
`
`behalf of Peter J. Myers and Joseph Paul Sejnowski. The ‘777 application is
`
`identified as a continuation of U.S. Application No. 12/062,670, filed on April 4,
`
`2008, now U.S. Patent No. 8,257,229, which is a continuation of U.S. Application
`
`No. 10/751,071, filed on December 1, 2003, now U.S. Patent No. 7,376,993, which
`
`is a continuation of U.S. Application No. 10/431,079, filed on May 7, 2003 and
`
`now abandoned.
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`5
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`ARTSANA EXHIBIT 1016-5
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`AFFIDAVIT OF J. J. DROBINSKI
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`Patent No. 8,388,501
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`19.
`
`It is my understanding that the earliest possible priority date of the
`
`‘501 patent is May 7, 2003, the filing date of abandoned U.S. Application No.
`
`10/431,079.
`
`20.
`
`I considered the ‘501 patent disclosure in light of what was known to
`
`one skilled in the art as of May 7, 2003.
`
`21. The ‘501 patent is directed to a play gym that can be connected to a
`
`floor mat and positioned within a play yard and/or a bassinet. (‘501 Pat., Abstract).
`
`22. The background section of the ‘501 patent admits, and I agree, that
`
`portable play yards of the prior art “typically include a frame, a fabric enclosure
`
`supported by the frame, and a removable floor board or mat.” (‘501 Pat., Col. 1., ll.
`
`27-28).
`
`23. The ‘501 patent admits, and I agree, that the prior art play yards often
`
`were “provided with a portable bassinet of "... substantially the same size as the
`
`play yard enclosures (i.e., the same width and length) ....” (‘501 Pat., Col. 1, ll. 37-
`
`46).
`
`24. The ‘501 patent states, and I agree, that the prior art floor mats were
`
`used as either the floor of the play yard and/or the bassinet. (‘501 Pat., Col. 1, ll.
`
`54-55).
`
`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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`6
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`ARTSANA EXHIBIT 1016-6
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`AFFIDAVIT OF J. J. DROBINSKI
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`Patent No. 8,388,501
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`popular” in the years preceding the filing of the ‘777 application. (‘501 Pat., Col.
`
`1, ll. 60-61).
`
`26. The background section of the ‘501 patent admits to “… a known
`
`prior art device, a play gym having two flexible arches for suspending objects such
`
`as toys or the like is coupled to the corners of a rectangular mat via snaps or the
`
`like. The arches cross and are snapped to one another roughly above the middle of
`
`the mat.” (‘501 Pat. Col. 1l. 61-66).
`
`27. As I understand the teachings of the ‘501 patent, it is focused on
`
`connecting the play gym to a bassinet or play yard in one mode and connecting the
`
`play gym to a mat in another mode. (‘501 Pat. Col. 2, ll. 46-58).
`
`28. The ‘501 patent describes connecting the floor mat to a bassinet or
`
`play yard by using either a fastener, described as being a VELCRO® strip, or just
`
`gravity. (‘501 Pat., Col. 3, ll. 53-58).
`
`29. The ‘501 patent describes connecting the play gym legs to the floor
`
`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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`7
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`ARTSANA EXHIBIT 1016-7
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`AFFIDAVIT OF J. J. DROBINSKI
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`Patent No. 8,388,501
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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).
`
`VI. Terms in the ‘501 Patent
`
`31.
`
`I understand that in an inter partes review, claim terms are given their
`
`broadest reasonable interpretation that is consistent with the specification.
`
`32.
`
`It is my opinion that the terms used in the specification and claims of
`
`the '501 patent, giving them the broadest reasonable interpretation that is consistent
`
`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
`
`the art.
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`VII. Consideration of the Prior Art
`
`A. U.S. Patent No. 3,223,098 to Dole (“Dole" or " Ex. 1003")
`
`33. The Dole patent, entitled “Collapsible Shelter Construction,” issued
`
`on December 14, 1965. Dole describes the shortcomings of prior art tent and
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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
`
`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
`
`individual sections of which remain
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`8
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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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`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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`9
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`AFFIDAVIT OF J. J. DROBINSKI
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`Patent No. 8,388,501
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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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`
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`(Ex. 1004, pg. 1).
`
`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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`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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`10
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`AFFIDAVIT OF J. J. DROBINSKI
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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) .
`
`
`
`
`
`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
`
`cover page. (Ex. 1005, pg. 1).
`
`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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`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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`11
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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”)
`
`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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`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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`12
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`E. Tyco “Cozy Quilt Gym” featured in the 1995 Tyco Playtime™
`Catalog (“Tyco”) or (“Ex. 1015”)
`
`
`
`44.
`
`I reviewed Ex. 1015 which includes copies of the front cover, inside
`
`of the front cover, and pages 6 and 7 of a 1995 Tyco Playtime™ Catalog. The
`
`inside of the front cover states that the 1995 Tyco Playtime™ Catalog “was
`
`produced by Tyco Playtime Inc., in conjunction with the Children’s Television
`
`Workshop, producers of Sesame Street.” (Ex. 1015, inside of the front cover). The
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`inside cover also includes multiple copyright dates from multiple rights holders.
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`(Id). There is a 1994 copyright date associated with the Children’s Television
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`Workshop, Jim Henson Production, Inc. and Tyco Playtime, Inc. (Id).
`
`45. Pages 6 and 7, of the 1995 Tyco Playtime™ Catalog feature product
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`number 52105, titled “Cozy Quilt Gym”. (Id. at pgs. 6, 7). Page 6 includes a
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`picture of the “Cozy Quilt Gym” in a set up position, and text advertising the
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`features of the product. (Id. at pg. 6). Page 7 includes additional pictures of the
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`“Cozy Quilt Gym” and advertising text, advertising additional features of the
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`13
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`“Cozy Quilt Gym”. (Id. at pg. 7). Page 7 also features product number 8877, titled
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`“Baby Play Gym,” that includes text advertising the features of that product. (Id).
`
`46. Tyco teaches a play gym structure having legs that form a pair of
`
`arches crossing one another at a point located above the center of the floor mat.
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`(Ex. 1015, pg. 6).
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`47. Each leg of Tyco includes a fastener that couples to a fabric loop
`
`connector attached on the underside of the floor mat. (Id).
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`14
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`48. The legs include loops for hanging toys above the mat. (Id).
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`Additionally, the advertising text of Tyco teaches suspending an object from the
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`structure above the floor mat, such as a toy. (Id). The advertising text of Tyco also
`
`teaches that the mat is detachable. (Id).
`
`IX. Analysis with Respect to Obviousness
`
`49.
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`It is my understanding that an obvious analysis involves comparing a
`
`claim to the identified prior art to determine whether the claimed invention would
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`ARTSANA EXHIBIT 1016-15
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`AFFIDAVIT OF J. J. DROBINSKI
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`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
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`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, 6, 7, 9, 10, 12, 13 to Tyco in view of Graco
`
`50. As demonstrated in the claim charts below, it is my opinion that
`
`claims 1, 6, 7, 9, 10, 12 and 13 of the ‘501 patent are obvious over Tyco in view of
`
`Graco. One of ordinary skill in the art would have found it reasonable to combine
`
`the Tyco and Graco disclosures to arrive at the claimed subject matter.
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`Claim 1 of the
`‘501 Patent
`1. An apparatus
`comprising: at least
`one of a play yard
`or a bassinet;
`
`Disclosure in Tyco and Graco
`
`Graco teaches a play yard and a bassinet. Graco at pg. 1 and
`Fig. 44, pg. 19.
`
`
`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
`
`
`
`
`
`
`Graco teaches a floor mat that substantially covers a floor of
`the play yard or bassinet. Graco at Fig. 7, pg. 7 and Fig. 44,
`pg. 19.
`
`
`
`Tyco teaches a connector (white fabric loop) positioned in
`proximity to a perimeter edge of the floor mat. Tyco at pg.
`6.
`
`
`
`
`
`
`
`
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`17
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`ARTSANA EXHIBIT 1016-17
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`Patent No. 8,388,501
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`Graco teaches the floor mat “couples” to the play yard when
`located in the play yard or bassinet. Graco at Figs. 7-8, pg.
`7, and Fig. 44, pg. 19.
`
`
`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
`
`
`
`
`It would have been obvious to one of ordinary skill in the art
`to couple Tyco’s floor mat to the play yard or bassinet of
`Graco.
`
`Tyco teaches a play gym frame to suspend an object above
`the floor mat. Tyco at pg. 6.
`
`
`a play gym to
`suspend an object
`above the floor
`mat,
`
`
`
`
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`18
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`ARTSANA EXHIBIT 1016-18
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`AFFIDAVIT OF J. J. DROBINSKI
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`Tyco teaches a play gym having a fastener (red clip) to
`engage the connector (white fabric loop) of the floor mat to
`couple the play gym to the floor mat. Tyco at pgs. 6, 7.
`
`
`
`Graco teaches the floor mat “couples” to the play yard or
`bassinet when located in the play yard. Graco at Figs. 7-8,
`pg. 7, Fig. 44, pg. 19.
`
`
`
`
`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 Tyco’s floor mat and
`play gym in the play yard or bassinet of Graco.
`
`
`
`
`
`51. As demonstrated above, it would have been obvious to one of
`
`ordinary skill in the art to combine the Graco play yard or bassinet with the Tyco
`
`play gym to arrive at the claimed subject matter. Tyco and Graco would be easily
`
`combined by placing the Tyco play gym inside the Graco play yard or bassinet,
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`Patent No. 8,388,501
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`and coupling them together by a variety of known methods, such as the
`
`VELCRO® fasteners taught by Graco or the force of gravity.
`
`Disclosure in Tyco and Graco
`
`Tyco teaches a play gym having the connector (white fabric
`loop) of the floor mat positioned on an underside of the
`floor mat. Tyco at pg. 6.
`
`
`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.
`
`
`
`Disclosure in Tyco and Graco
`
`Tyco teaches the connectors (white fabric loops) are
`pivotally coupled to the bottom side of the floor mat. Tyco
`at pg. 6.
`
`
`
`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.
`
`
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`20
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`ARTSANA EXHIBIT 1016-20
`
`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
`
`Patent No. 8,388,501
`
`52.
`
`It is my opinion, that a person of ordinary skill in the art would
`
`recognize that, as shown above, the additional elements and features recited in
`
`dependent claims 6 and 7 of the ‘501 patent are well known and do not add any
`
`novel or inventive element to the claims from which they depend.
`
`53. As demonstrated below, it would have been obvious to one of
`
`ordinary skill in the art to combine the Graco play yard with the Tyco play gym to
`
`arrive at claim 9 of the '501 patent. One of ordinary skill in the art would
`
`understand that Tyco’s connectors for connecting the floor mat to the play gym and
`
`Graco’s connectors for connecting the floor mat to the play yard would be easily
`
`combinable to arrive at a floor mat with multiple connectors for attaching the floor
`
`mat to both the play yard and the play gym, and securing the floor mat to the play
`
`yard structure.
`
`Claim 9 of the ‘501
`Patent
`9. An apparatus
`comprising: a play yard;
`
`Disclosure in Tyco and Graco
`
`Graco teaches a play yard. Graco at pg. 1.
`
`
`
`
`
`
`21
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`
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`ARTSANA EXHIBIT 1016-21
`
`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
`
`Patent No. 8,388,501
`
`a floor mat
`positionable on a floor
`of the play yard,
`
`Graco teaches a floor mat positionable on a floor of the
`play yard. Graco at Fig. 7, pg. 7.
`
`
`
`
`
`Graco teaches the floor mat having a first and a second
`surface and the second surface engages a floor of the
`play yard when the floor mat is positioned in the play
`yard. Graco at Figs. 7-8, pg. 7.
`
`
`the floor mat having
`a first surface and a
`second surface opposite
`the first surface, the
`second surface to
`engage the floor of the
`play yard when the floor
`mat is positioned in the
`play yard;
`
`
`
`22
`
`
`
`
`
`
`ARTSANA EXHIBIT 1016-22
`
`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
`
`Patent No. 8,388,501
`
`Graco teaches the bottom surface of the floor mat has
`connectors to couple the floor mat to the play yard
`when the floor mat is positioned in the play yard.
`Graco at Figs. 7-8, pg.7, Fig. 2, pg. 6.
`
`
`a first plurality of
`connectors provided on
`the second surface of the
`floor mat, the first
`plurality of connectors
`to couple the floor mat
`to the play yard when
`the floor mat is
`positioned in the play
`yard;
`
`
`
`
`
`Tyco also discloses a floor mat having a first surface
`and a second surface. Tyco at pgs. 6,7.
`
`
`It would have been obvious to one of ordinary skill in
`the art to modify Tyco’s floor mat by including
`Graco’s connectors for coupling the floor mat to
`Graco’s play yard.
`
`
`
`
`
`
`
`
`
`
`
`
`23
`
`ARTSANA EXHIBIT 1016-23
`
`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
`
`Patent No. 8,388,501
`
`a second plurality of
`connectors provided on
`the second surface of the
`floor mat adjacent the
`first plurality of
`connectors; and
`
`Tyco teaches a plurality of connectors (white fabric
`loop) provided on the bottom surface of the floor mat.
`Tyco at pg. 6.
`
`
`a play gym to
`suspend an object above
`the floor mat,
`
`
`Tyco teaches a play gym to suspend an object above
`the floor pad. Tyco at pg. 6.
`
`
`
`
`
`
`
`
`24
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`
`
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`ARTSANA EXHIBIT 1016-24
`
`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
`
`Patent No. 8,388,501
`
` the play gym having
`a plurality of fasteners,
`the fasteners to couple
`to respective ones of the
`second connectors when
`the play gym is coupled
`to the floor mat,
`
`Tyco teaches a play gym having a plurality fasteners
`(red clips) to engage the connectors (white fabric
`loops) of the floor mat to couple the play gym to the
`floor mat. Tyco at pg. 6.
`
`the play gym to
`extend above the first
`surface of the floor mat
`when the play gym is
`coupled to the floor mat.
`
`
`Tyco teaches the play gym extending above the first
`surface of the floor mat when the play gym is coupled
`to the floor mat. Tyco at pgs. 6,7.
`
`
`
`
`
`
`
`
`
`
`
`
`54.
`
`It is my opinion that the disclosures in Tyco and Graco would render
`
`claim 9 of the '501 patent obvious to one of ordinary skill in the art.
`
`55. As demonstrated below, a person of ordinary skill in the art would
`
`recognize that the additional elements recited in dependent claims 10, 12, and 13 of
`
`the ‘501 patent are well known and they add nothing novel or inventive to the
`
`
`
`25
`
`ARTSANA EXHIBIT 1016-25
`
`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
`
`Patent No. 8,388,501
`
`claims from which they depend as each is expressly disclosed in either Graco or
`
`Tyco.
`
`Claim 10 of the
`‘501 Patent
`10. The
`apparatus of claim
`9, wherein the floor
`mat is positionable
`on a floor of the
`bassinet and the
`first connectors are
`to couple the floor
`mat to the floor of
`the bassinet.
`
`
`
`Claim 12 of the
`‘501 Patent
`12. The
`apparatus of claim
`9, wherein the
`second plurality of
`connectors includes
`a slot.
`
`Disclosure in Tyco and Graco
`
`Graco teaches a floor mat positionable on the floor of a play
`yard or bassinet and the floor mat has connectors to couple
`the floor mat to the bassinet. Graco at Fig. 44, pg. 19 and
`Fig. 8, pg. 7.
`
`
`
`
`
`
`Tyco also discloses a floor mat. Tyco at pgs. 6,7.
`
`It would have been obvious to one of ordinary skill in the art
`to modify Tyco’s floor mat by including Graco’s connectors
`for positioning the floor mat in Graco’s play yard or
`bassinet.
`
`
`
`Disclosure in Tyco and Graco
`
`Tyco teaches the plurality of connectors provided on the
`bottom surface of the floor mat including a slot. Tyco at pg.
`6.
`
`
`
`
`
`
`
`26
`
`
`
`ARTSANA EXHIBIT 1016-26
`
`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
`
`Patent No. 8,388,501
`
`Disclosure in Tyco and Graco
`
`Tyco teaches the connectors (white fabric loops) are
`pivotally coupled to the bottom side of the floor mat. Tyco
`at pg. 6.
`
`
`Claim 13 of the
`‘501 Patent
`13. The
`apparatus of claim
`9, wherein the
`second plurality of
`connectors is
`pivotally coupled
`to the second
`surface of the floor
`mat.
`
`
`
`
`
`
`
`
`
`
`56.
`
`It is my opinion that the disclosures in Tyco and Graco render claims
`
`10, 12, and 13 of the '501 patent obvious to one of ordinary skill in the art.
`
`B. Comparison of Claims 2-5, 8, 11 of the '501 Patent to Tyco in view of
`Graco and in further view of Dole
`
`57. As detailed in the claim charts below, claims 2-5, 8 and 11 of the ‘501
`
`patent are obvious over Tyco in view of Graco and further in view of Dole because
`
`one of ordinary skill in the art would reasonably combined these disclosures to
`
`arrive at the claimed subject matter.
`
`
`
`
`
`27
`
`ARTSANA EXHIBIT 1016-27
`
`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
`
`Patent No. 8,388,501
`
`
`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.
`
`
`
`
`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.
`
`
`
`
`
`
`
`Disclosure in Tyco, Graco, Dole
`
`As discussed above, independent claim 1 is obvious over
`Tyco in view of Graco.
`
`As to claim 2, Dole teaches a frame (10) comprising 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; and Col. 3, ll. 62-68.
`
`
`It would have been obvious to modify Tyco’s play gym with
`Dole’s frame (10) to arrive at the subject matter of claim 2.
`
`
`
`
`Disclosure in Tyco, Graco, Dole
`
`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 mat (11). Dole at Fig. 1.
`
`
`
`
`28
`
`ARTSANA EXHIBIT 1016-28
`
`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
`
`Patent No. 8,388,501
`
`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.
`
`
`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.
`
`
`
`
`
`
`
`
`
`
`
`Disclosure in Tyco, Graco, Dole
`
`Dole teaches the legs (23-26) are movable between a stored
`position at which the legs are positioned generally parallel
`to each other (Dole at Fig. 4) and an extended position at
`which the legs extend generally radially outward from the
`hub (Dole at Figs. 1,5).
`
`
`
`
`Disclosure in Tyco, Graco, Dole
`
`Dole teaches the hub (13) has a plurality of cavities to
`receive a respective one of the legs (23-26) when the frame
`is in the extended position. Dole at Figs. 1,5.
`
`
`
`
`
`
`29
`
`ARTSANA EXHIBIT 1016-29
`
`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
`
`Patent No. 8,388,501
`
`Disclosure in Tyco, Graco, Dole
`
`Dole teaches that the connector (12a) comprises a plate.
`Dole at Fig. 2.
`
`
`
`Disclosure in Tyco, Graco, Dole
`
`Independent claim 11 is obvious over Tyco in view of
`Graco for the reasons discussed above.
`
`Dole teaches the frame (10) has a plurality of legs (23-26)
`movably coupled to the hub (13). Dole at Figs. 1, 4, 5. Each
`of the legs has a first end coupled to the hub (13) and a
`second end having a fastener (foot section (32)). Dole at
`Figs. 1, 2, 5.
`
`Claim 8 of the
`‘501 Patent
`8. The apparatus
`of claim 1, wherein
`the connector
`comprises a plate.
`
`
`Claim 11 of the
`‘501 Patent
`11. The
`apparatus of claim
`9, wherein the play
`gym comprises a
`plurality of legs
`movably coupled to
`a hub, each of the
`legs having a first
`end coupled to the
`hub and a second
`end having
`respective ones of
`the fasteners.
`
`
`It would have been obvious to modify Tyco’s play gym with
`Dole’s frame (10) to arrive at the subject matter of claim 11.
`
`
`
`
`
`
`30
`
`ARTSANA EXHIBIT 1016-30
`
`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
`
`Patent No. 8,388,501
`
`58. As demonstrated above, it would have been obvious to one of
`
`ordinary skill in the art to apply the Dole hub and its functionality (i.e., the ability
`
`to pivot from a stored position to an extended position) to the Tyco legs to arrive at
`
`the subject matter of claims 2-5 and 11. See Dole at Col. 1, ll. 37-40. A person of
`
`ordinary skill in the art would recognize that the elements added in dependent
`
`claims 2-5, 8 and 11 of the ‘501 patent are well known and do not render the
`
`claimed subject matter non-obvious.
`
`C. Comparison of Claims 14, 19, and 20 to Tyco in view of Rupert
`
`59.
`
`It is my opinion that claims 14, 19, and 20 of the ‘501 patent are
`
`obvious over Tyco in view of Rupert. As demonstrated in the below claim charts,
`
`one of ordinary skill in the art would have had a reason to combine the disclosures
`
`of Tyco and Rupert to arrive at the claimed subject matter.
`
`Claim 14 of the ‘501
`Patent
`14. An apparatus
`comprising: a play
`gym having a leg
`coupled to a hub,
`
`Disclosure in Tyco and Rupert
`
`Tyco teaches a play gym having a leg. Tyco at pg. 6.
`
`
`
`
`
`
`
`
`
`31
`
`ARTSANA EXHIBIT 1016-31
`
`
`
`AFFIDAVIT OF J. J. DROBINSKI
`
`
`
`Patent No. 8,388,501
`
`Rupert teaches an apparatus comprising a frame (12) having
`a plurality of 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 a leg
`(50) having first and second ends. Rupert at Figs. 1-7; Col.
`2, ll. 65-Col. 3, ll. 13.
`
`
`
`
`a first fastener
`coupled to the first
`end of the leg to
`attach the leg to the
`hub and
`
`a second fastener
`extending from the
`second end of the
`leg,
`
`
`Rupert teaches a fastener (rib holder (46) of the legs (50)) is
`coupled to the hub (14). Rupert at Figs. 1-7; Col. 2, ll. 65-
`Col. 3, ll. 13.
`
`
`Rupert teaches a fastener extending from the second end of
`the leg (64). Rupert at Fig. 1; Col. 3, ll. 3-13.
`
`
`
`
`3
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