UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`TRISTAR PRODUCTS, INC.
`Petitioner
`
`v.
`
`CHOON’S DESIGN INC.
`Patent Owner
`_________________________
`
`Patent No. 8,622,441
`_________________________
`
`
`
`
`
`DECLARATION OF YOUJIANG WANG, Ph.D., P.E.
`
`
`Tristar Ex. 1019, pg. 1
`
`
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`TRISTAR PRODUCTS, INC.
`Petitioner
`
`v.
`
`CHOON’S DESIGN INC.
`Patent Owner
`_________________________
`
`Patent No. 8,622,441
`_________________________
`
`
`
`
`
`DECLARATION OF YOUJIANG WANG, Ph.D., P.E.
`
`
`Tristar Ex. 1019, pg. 1
`
`
`
`I, Youjiang Wang, Ph.D., declare as follows:
`
`1.
`
`I have been retained by counsel for Petitioner, Tristar Products, Inc. to
`
`offer technical opinions with respect to U.S. Patent No. 8,622,441 (“the ‘441
`
`Patent”). Ex. 1001.1
`
`2.
`
`I was awarded a Bachelor of Science in Textile Engineering from
`
`Donghua University (Shanghai, China) in 1982, a Master of Science in Mechanical
`
`Engineering from the Massachusetts Institute of Technology (“MIT”) in 1985, and
`
`a Doctor of Philosophy in Mechanical Engineering, with a Minor in Electrical
`
`Engineering and Computer Science, from MIT in 1989. My current curriculum vitae
`
`is attached hereto as Ex. WANG-0001 and made part of this Declaration.
`
`3.
`
`I was an Assistant Professor in the School of Textile & Fiber
`
`Engineering (the School later became part of School of Materials Science and
`
`Engineering) at the Georgia Institute of Technology (“Georgia Tech”) from 1989 to
`
`1995. I was an Associate Professor at Georgia Tech from 1995 to 2002. I am
`
`currently a Professor (with tenure) in the School of Materials Science and
`
`Engineering at Georgia Tech, where I teach Introduction to Textile Engineering,
`
`Fiber Science, Structure & Properties of Polymers, Yarn & Fabric Formation
`
`
`1 Where applicable, exhibits contained in Petitioner’s Exhibits will be referenced
`herein by their corresponding Exhibit numbers.
`
`Tristar Ex. 1019, pg. 2
`
`
`
`Processes; Mechanics of Textile Structures, Carpet Technology, Textile Testing;
`
`Advanced Fiber Science, Fiber Mechanics; and Composite Materials & Processing.
`
`4.
`
`I am a Fellow of the American Society of Mechanical Engineers
`
`(ASME). I was the Chairman of the Textile Engineering Division of ASME from
`
`2001 to 2002. I was also elected a Fellow of the Textile Institute (U.K.) in 1998. I
`
`am a member of the Editorial Boards of the Textile Research Journal, Journal of
`
`Industrial Textiles, and Journal of Fiber Bioengineering and Informatics. I am also
`
`a registered Professional Engineer in the State of Georgia.
`
`5.
`
`I am a named inventor of five issued U.S. patents dealing with textile
`
`materials and textile manufacturing: U.S. Patent Nos. 6,260,783; 8,082,761;
`
`8,161,775; 8,341,980; and 8,653,194. I have over 33 years of experience in the field
`
`of mechanical engineering and textile engineering, including but not limited to, work
`
`and research regarding textile engineering and the textile manufacturing industry,
`
`and as such am fully qualified to offer technical opinions associated with the ‘441
`
`Patent to the United States Patent Trial and Appeal Board (“PTAB”).
`
`6.
`
`In preparation of this Declaration, I have reviewed the following
`
`documents:
`
`a.
`
`U.S. Patent No. 8,622,441 (“the ‘441 Patent”) and its USPTO
`
`file wrapper;
`
`Tristar Ex. 1019, pg. 3
`
`
`
`b.
`
`U.S. Patent Application Serial No. 13/626,057 filed September
`
`25, 2012 (“the ‘057 Application”);
`
`c.
`
`U.S. Provisional Patent Application No. 61/846,270 filed July
`
`d.
`
`e.
`
`f.
`
`15, 2013 (“the ‘270 Provisional Application”);
`
`U.S. Patent No. 5,426,788 to Meltzer (“Meltzer”);
`
`U.S. Patent No. 8,418,434 to Carruth (“Carruth”);
`
`A printed book entitled “Loom Knitting Primer, A Beginner’s
`
`Guide to Knitting on a Loom with Over 30 Fun Projects” and
`
`authored by Isela Phelps and published on or about March 20,
`
`2007 by St. Martin’s Griffin (“Phelps”);
`
`g.
`
`A printed book entitled “I Can’t Believe I’m Loom Knitting!”
`
`and authored by Kathy Norris and published on or about May 1,
`
`2010 by Leisure Arts, Inc. (“Norris”);
`
`h.
`
`i.
`
`j.
`
`Zaltzman U.S. Patent No. 4,023,245 (“Zaltzman”);
`
`Yates U.S. Patent No. 2,274,223 (“Yates”);
`
`Linstead U.S. Patent No. 3,438,223 (“Linstead”);
`
`k. Website entitled “The Horde of Vigdis”;
`
`l.
`
`Nedry U.S. Patent Publication No. 2014/0373966 (“Nedry”);
`
`m. Nedry U.S. Provisional Application No. 61/838,952; and
`
`n.
`
`Other documents discussed below in this Declaration.
`
`Tristar Ex. 1019, pg. 4
`
`
`
`7.
`
`I am being compensated hourly by counsel for the Petitioner, and my
`
`compensation is not dependent on the outcome of either my opinions or the
`
`proceedings.
`
`8.
`
`Based on my experience as a professor in the area of textile engineering
`
`and materials engineering, as well as my work and research regarding textile
`
`engineering and the textile manufacturing industry, it is my opinion that a person
`
`having ordinary skill in the art (“PHOSITA”) during the 2010 to 2013 time frame
`
`covering November 5, 2010 and July 15, 2013 would possess a baccalaureate degree
`
`in textile engineering or mechanical engineering and at least two years of industrial
`
`or research experience in textile engineering or mechanical engineering. I am at
`
`least one of ordinary skill in the art.
`
`Overview of the ‘441 Patent/ Brunnian Links/Knitting
`
`9.
`
`The ‘441 Patent issued on January 7, 2014 from U.S. Application No.
`
`14/018,542 (“the ‘542 Application”), which was filed on September 5, 2013. The
`
`‘542 Application was filed as a “continuation” of U.S. Application Ser. No.
`
`13/626,057 (“the ‘057 Application”) filed September 25, 2012, and the ‘542
`
`Application claims priority to U.S. Provisional Application Serial No. 61/846,270
`
`filed on July 15, 2013 (“the ‘270 Provisional”).
`
`10. Based on my review of the above applications, the features “upper and
`
`lower tabs” and “a first arm and a second arm and an access slot disposed
`
`Tristar Ex. 1019, pg. 5
`
`
`
`therebetween” are not present in the ‘057 Application. These features were first
`
`present in the ‘270 Provisional.
`
`11. Figure 4 of the ‘270 Provisional Application (reproduced below,
`
`corresponding to Figure 4 of the ‘441 Patent) shows “upper and lower tabs.” See
`
`Ex. 1003 at ¶ 0017.
`
`
`“[F]irst and second arms 32a-b, 34a-b include upper and lower tabs 42.”
`
` Ex. 1003 at ¶ 0017.
`12. Figure 5 of the ‘270 Provisional Application (reproduced below,
`
`corresponding to Figure 5 of the ‘441 Patent) shows “a first arm and a second arm
`
`and an access slot disposed therebetween.” See Ex. 1003 at ¶ 0017.
`
`
`“The arms 32a-b, 34a-b defines an access slot 38 that extends across
`both of the posts 28A, 28B.” Ex. 1003 at ¶ 0017
`
`Tristar Ex. 1019, pg. 6
`
`
`
`
`
`13. The ‘441 Patent discloses a Brunnian link making device and kit 10 that
`
`comprises template 12, a hook tool 14, closed loop elastic items 18 and a clip 16.
`
`Ex. 1001. Figure 1 shows the items in the kit. Ex. 1001.
`
`
`
`14. With reference to Figs. 4 and 5 (reproduced below), template 12
`
`comprises a base 36 supporting two posts 28A and 28B, each of which comprises a
`
`first arm 32a-b and a second arm 34a-b. Each of the arms 32a-b and 34a-b comprises
`
`upper and lower tabs 42.
`
`Tristar Ex. 1019, pg. 7
`
`
`
`
`
`
`
`15. The ‘441 Patent discloses that “[a] Brunnian link is a link formed from
`
`a closed loop doubled over itself to capture another closed loop to form a chain.
`
`Elastic bands can be utilized to form such links in a desired manner. The example
`
`kit and device provides for creation of Brunnian and other linked articles. Moreover,
`
`the example kit provides for the successful creation of unique wearable articles using
`
`Brunnian and other link assembly techniques.” Ex. 1001, 1:29-36. Below is Fig. 3
`
`from the ‘441 Patent with annotations showing a Brunnian link disclosed therein.
`
`Brunnian Link
`
`
`
`
`Tristar Ex. 1019, pg. 8
`
`
`
`16. The geometric configuration of the type of the Brunnian link disclosed
`
`in the ‘441 Patent is not new or novel. For instance, U.S. Patent No. 5,426,788 to
`
`Meltzer (“Meltzer”) entitled “Ring-Like Headwear Ornament,” issued on June 27,
`
`1995, shows a Brunnian link, such as that disclosed in the ‘441 Patent. Ex. 1009.
`
`Below are Figs. 4 and 5 and annotated Fig. 6 of Meltzer which shows the Brunnian
`
`Link and how it is constructed.
`
`
`Brunnian Link
`17. Meltzer further discloses that the ornament comprises “a plurality of
`
`looped links and a looped connecting member,” with each of the looped links formed
`
`of “an [sic] flexible, somewhat elastic, e.g., knitted, material in the nominal shape of
`
`a toroidal loop.” Ex. 1009, Abstract.
`
`Tristar Ex. 1019, pg. 9
`
`
`
`18. Meltzer discloses in great detail the method in which the Brunnian links
`
`are assembled into a closed ring-like structure, and that such method can be
`
`performed either by hand or with a machine:
`
`Reference should now be made to FIGS. 4-7 to understand the manner
`in which the ornament is made. Thus, to make the ornament 20 the
`connecting loop 24 is supported by hand (or by some mechanical
`means) and a second toroidal loop 26 is connected to it to form the first
`looped link 22A. In particular, the second toroidal loop 26 is squeezed
`together to flatten it somewhat. This flattened loop is then passed
`through the central opening 28 of the looped connecting member 24.
`Then the ends of the flattened second toroidal loop 26 are opened while
`its mid-portion is within the opening 28 of the looped connecting
`member 24 so that the second toroidal loop 26 is in a configuration
`having a bridging midsection 30 and a pair of end openings 32, with the
`bridging midsection 30 extending through the opening 28 in the looped
`connecting member 24 and the end openings 32 being axially aligned
`with each other and located outside of the looped connecting member
`24.
`
`As should be appreciated by those skilled in the art this action forms
`the second toroidal loop into the first looped link 22A.
`
`After the first looped link 22A is formed (and connected to the
`connecting loop 24) a third toroidal loop 26 is squeezed flat and inserted
`through the axially aligned extending end openings 32 of the first
`looped link 22A. The third toroidal shaped loop 26 is then opened so
`that it is in the same configuration as the first looped link 22A, to
`
`Tristar Ex. 1019, pg. 10
`
`
`
`thereby form the third toroidal loop into the second looped link 22B.
`This procedure is then repeated to form and connect the remaining
`looped links 22C-22H of the ornament 20. Once the last looped link,
`e.g., 22H, has been formed the resulting construction will be in the form
`of an elongated chain-linked strip having a first end defined by the
`connecting loop 24 and a second end defined by the last of the looped
`links, i.e., 22H, as shown in FIG. 5.
`
`Ex. 1009, 4:19-55 (emphasis added).
`
`19. U.S. Patent No. 8,418,434 to Carruth (“Carruth”) entitled “Fashion
`
`Accessory of Integrated Continuous Units and Methods of Making Thereof” (Ex.
`
`1008) also discloses a Brunnian link, such as that disclosed in the ‘441 Patent.
`
`Carruth is derived from U.S. Provisional Application No. 61/361,990, which was
`
`filed on July 7, 2010. Below is FIG. 3 from Carruth with annotations showing the
`
`Brunnian Link:
`
`Brunnian Link
`
`
`
`Tristar Ex. 1019, pg. 11
`
`
`
`
`
`20. Carruth discloses that the units 110 (i.e., bands) are flexible, and, in
`
`some embodiments, are constructed from a material comprising elastic, allowing for
`
`the units 110 to stretch. Ex. 1008, 2:16-19.
`
`21. Carruth further describes its links as follows:
`
`The units 110 are interlocked to form a continuous chain (e.g., via a
`connecting mechanism). For example, as shown in FIG. 3, to form the
`chain, a first unit 110 a is folded (e.g., in half) in a folded configuration,
`wherein the folded configuration has a first top arc 210 a and a second
`top arc 210 b that are positioned next to each other, and a first bottom
`hook 220 a and a second bottom hook 220 b, wherein the bottom hooks
`220 are positioned across from each other.
`
`A second unit 110 b is fed through both bottom hooks 220 of the first
`unit 110, then the second unit 110 b is folded to the folded configuration
`(as described above). A third unit 110 c is fed through both bottom
`hooks 220 of the second unit 110, then the third unit 110 c is folded to
`the folded configuration (as described above).
`
`Ex. 1008, 2:30-42.
`
`22. As admitted by the ‘441 Patent, it is known to form a Brunnian link in
`
`a circular structure. Ex. 1001, 2:14-15. It is also known that removing one link from
`
`a Brunnian link will result in all of the links unraveling.
`
`23.
`
`In this regard, Meltzer further discloses that:
`
`Tristar Ex. 1019, pg. 12
`
`
`
`In order to complete the ornament the elongated strip is rolled into a
`ring, bringing its two ends in close proximity to each other as shown in
`FIG. 5. Then the looped connecting member 24 is grasped, either by
`hand or by machine, to flatten it so that it has a free end 34 disposed
`opposite to the end 36 to which the first looped link 22A is secured.
`The flattened free end portion 34 of the connecting member 24 is then
`extended through the axially aligned end openings 32 of the looped link
`22H which forms the opposite end of the chain-linked strip. Then the
`flattened free end portion 34 of the looped connecting member 24 is
`bent back over itself in the direction of arrow 38 and into engagement
`with its end portion 36 and is secured thereto by any suitable means.
`
`Ex. 1009, 4:56-5:2 (emphasis added).
`
`24. Below is Fig. 5 from Meltzer with annotations showing how the
`
`Brunnian Link structure is completed into a ring-like structure. Ex. 1009.
`
`
`“secured thereto by any suitable means” Ex. 1009, 5:1-2.
`
`25. Carruth discloses how the units are integrated or locked into a ringlike
`
`structure. Below are annotated Figs. 2 and 4 from Carruth showing this feature. Ex.
`
`1008.
`
`Tristar Ex. 1019, pg. 13
`
`
`
`150 locking means
`
`150 locking means
`
`
`26. Thus, as evidenced by Meltzer and Carruth, methods of manually
`
`creating Brunnian links with elastic bands are well known in the art.
`
`27. The following is an excerpt of a definition of the term “Knitting”
`
`provided by Fabric Link’s online textile dictionary, accessed by the domain name,
`
`http://www.fabriclink.com/dictionaries/textile.cfm:
`
`The art and science of constructing fabric by interlooping of yarn loops,
`through the use of needles and a “loop within a loop.” The most
`essential unit in a knit fabric is the loop or stitch.
`
`(Ex. WANG-0002).
`
`As one skilled in the art, I agree with the aforesaid definition.
`
`Construction of certain claim terms in the ‘441 Patent
`
`28.
`
`I have been asked to construe certain terms in Claims 1 and 11. These
`
`claims are reproduced in the following chart.
`
`Tristar Ex. 1019, pg. 14
`
`
`
`1. A device for creating an item consisting of a series of links, the device
`comprising: at least two posts spaced part from each other in a first direction,
`wherein each of the posts include a first arm and a second arm and an access slot
`disposed therebetween, wherein each of the first arm and the second arm include
`upper and lower tabs for holding the links on the corresponding first arm and
`second arm.
`11. A kit for creating an item consisting of a series of links, the kit comprising: a
`template including at least two posts spaced part from each other in a first
`direction, wherein each of the posts include an access slot defined between a first
`arm and a second arm; and at least one clip including inward facing ends disposed
`on each side of an opening for securing ends of the series of links together.
`
`
`
`29.
`
`It is my understanding from counsel for Petitioner that, in an Inter
`
`Partes Review (“IPR”), the Patent Trial and Appeal Board (“PTAB”) gives claims
`
`the “broadest reasonable construction in light of the specification as it would be
`
`interpreted by one of ordinary skill in the art.” I understand that claim terms should
`
`be given the ordinary and customary meaning given to them by a PHOSITA, unless
`
`such meaning is inconsistent with the specification. Further, according to § 2111.01,
`
`¶ 1, of the USPTO Manual for Patent Examining Procedure (MPEP), “[t]he ordinary
`
`and customary meaning of a term may be evidenced by a variety of sources,
`
`including the words of the claims themselves, the specification, drawings, and prior
`
`art.” I understand that dictionary definitions may be used to determine the broadest
`
`reasonable interpretation of a claim term.
`
`Tristar Ex. 1019, pg. 15
`
`
`
`30. Counsel for the Petitioner has asked me to propose a broadest
`
`reasonable construction as it would be interpreted by a PHOSITA of some of the
`
`language in the claims of the ‘441 Patent. As such, I am providing my opinion on
`
`the ordinary and customary meaning and claim construction of the following terms
`
`“access slot” and “upper and lower tabs.”
`
`31. My opinions expressed herein are based on the ‘441 Patent, including
`
`its specification, drawings and claims and the USPTO file wrapper of the ‘441
`
`Patent.
`
`Construction of the term “access slot” in Claims 1 and 11
`
`32. Claim 1 recites “wherein each of the posts include a first arm and a
`
`second arm and an access slot disposed therebetween,” and claim 11 recites “an
`
`access slot defined between a first arm and a second arm.” I have reviewed the
`
`specification of the ‘441 Patent and have determined that it does not define the term
`
`“access slot.” Further, there is nothing in the ‘441 Patent specification to indicate
`
`that any meaning, other than its plain and ordinary meaning, is intended for the term
`
`“access slot.” Accordingly, it is my opinion that the claim term “access slot” would
`
`have its plain meaning to a PHOSITA in construing the claims of the ‘441 Patent.
`
`In view of the foregoing, it is my opinion that the broadest reasonable construction
`
`as it would be interpreted by a PHOSITA for “access slot” is “an open space between
`
`the first arm and second arm.”
`
`Tristar Ex. 1019, pg. 16
`
`
`
`Construction of the term “upper and lower tabs” in Claims 1
`
`33. Claim 1 recites “wherein each of the first arm and second arm include
`
`upper and lower tabs for holding the links on the corresponding first arm and
`
`second arm.” I have reviewed the specification of the ‘441 Patent and have
`
`determined that it does not define the term “upper and lower tabs.” Further, there is
`
`nothing in the ‘441 Patent specification to indicate that any meaning, other than its
`
`plain and ordinary meaning, is intended for the term “upper and lower tabs.”
`
`Accordingly it is my opinion that the claim term “upper and lower tabs” would have
`
`its plain meaning to a PHOSITA in construing the claims of the ‘441 Patent. In view
`
`of the foregoing, it is my opinion that the broadest reasonable construction as it
`
`would be interpreted by a PHOSITA for “upper and lower tabs” is “upper and lower
`
`portions extending outward.”
`
`
`
`Anticipation and Obviousness
`
`34.
`
`I understand from counsel for the Petitioner that to anticipate a claim
`
`under 35 U.S.C. § 102, “a single prior art reference [must] not only disclose all of
`
`the elements of the claim within the four corners of the document, but …also disclose
`
`those elements arranged as a claim.”
`
`35.
`
`I understand from counsel for the Petitioner that an obviousness
`
`evaluation of a claimed invention must be conducted from the perspective of a
`
`person having ordinary skill in the relevant art, at the time of filing the application.
`
`Tristar Ex. 1019, pg. 17
`
`
`
`In conducting this evaluation, I understand that it is important to understand the
`
`scope of the claims, the level of skill in the relevant art, the scope and content of the
`
`prior art, the differences between the prior art and the claims, and any secondary
`
`considerations. I recognize that secondary evidence can include evidence of
`
`commercial success caused by an invention, evidence of a long-felt need that was
`
`solved by an invention, evidence that others copied an invention, or evidence that an
`
`invention achieved a surprising result.
`
`
`
`Claims 1, 2, and 5 are Anticipated by Zaltzman
`
`36. U.S. Patent No. 4,023,245 to Zaltzman (“Zaltzman”) discloses a hand-
`
`loom kit. Figs 1, 1A, and 3 of Zaltzman are reproduced below:
`
`
`
`
`
`
`
`37. As shown in the following charts, it is my opinion that a PHOSITA
`
`would determine that Zaltzman discloses each and every element of Claims 1, 2, and
`
`5.
`
`Tristar Ex. 1019, pg. 18
`
`
`
`Claim 1
`A device for creating an
`item consisting of a series
`of links, the device
`comprising:
`at least two posts spaced
`part from each other in a
`first direction,
`
`Zaltzman
`Zaltzman discloses a hand-loom kit for woven
`products, which inherently consists of a series of
`links. See, 1:4-7, 1:37-39, 5:8.
`
`The hand-loom kit in
`Zaltzman includes at least
`two modules A and C
`spaced apart from each
`other in a first direction.
`See e.g., 2:37-39; Fig. 3
`(reproduced herein).
`
`
`wherein each of the posts
`include a first arm and a
`second arm and an access
`slot disposed
`therebetween,
`
`The modules in Zaltzman include a plurality of pins
`5 longitudinally spaced apart by a distance x, which
`includes an access slot therebetween. See e.g., 2:2-4;
`2:52-54; Figs. 1 (reproduced below).
`
`wherein each of the first
`arm and the second arm
`include upper and lower
`tabs for holding the links
`on the corresponding first
`arm and second arm.
`
`As shown in Fig. 1A
`(reproduced herein), the pins
`5 include a rounded top (i.e.,
`an upper tab) and a flanged
`base (i.e., a bottom tab),
`which holds a link on
`corresponding pins 5. See.,
`e.g., 2:13-20, 2:25-27; Fig.
`1A and Fig. 8.
`
`
`
`
`
`
`
`Tristar Ex. 1019, pg. 19
`
`
`
`Claim 2
`The device as recited in
`claim 1, including a base
`supporting the at least
`two posts.
`
`Zaltzman
`
`The hand-loom in
`Zaltzman includes a
`module B (i.e., a base)
`for supporting modules
`A and C. See, e.g., Fig.
`3.
`
`Zaltzman
`
`Claim 5
`The device as recited in
`claim 1, wherein the tabs
`are spaced horizontally
`apart from each other.
`
`As shown in Fig.
`1 (reproduced
`herein) the pins 5
`are spaced
`horizontally apart
`from each other.
`
`
`
`
`
`Claim 11 is Obvious Over Zaltzman and Phelps
`
`38. The following chart contains element-by-element comparisons of claim
`
`
`
`
`
`
`
`11 and Zaltzman and Phelps:
`
`Claim 11
`A kit for creating an item
`consisting of a series of
`links, the kit comprising:
`
`Zaltzman and Phelps – Loom Knitting Primer
`Zaltzman discloses a hand-loom kit for woven
`products, which inherently consists of a series of
`links. See, 1:4-7; 1:37-39; 5:8.
`
`Tristar Ex. 1019, pg. 20
`
`
`
`Claim 11
`a template including at
`least two posts spaced
`part from each other in a
`first direction,
`wherein each of the posts
`include an access slot
`defined between a first
`arm and a second arm;
`and
`at least one clip including
`inward facing ends
`disposed on each side of
`an opening for securing
`ends of the series of links
`together.
`
`Zaltzman and Phelps – Loom Knitting Primer
`The hand-loom structure in Zaltzman includes at least
`two modules A and C spaced apart from each other in
`a first direction. See e.g., 2:37-39; Fig. 3 (reproduced
`above in Claim 1).
`The modules in Zaltzman include a plurality of pins 5
`longitudinally spaced a distance x, which defines an
`access slot. See e.g., 2:2-4; 2:52-54; Figs. 1
`(reproduced above).
`
`Phelps discloses a stitch holder:
`
`First inward
`facing end
`
`Inward
`direction
`
`Opening
`
`Second inward
`facing end
`
`Inward
`direction
`
`
`
`Phelps, Ex. 1016, 18
`
`39. The last limitation recited in Claim 11 requires “at least one clip
`
`
`
`including inward facing ends disposed on each side of an opening for securing ends
`
`of the series of links together.”
`
`40. A printed book entitled “Loom Knitting Primer, A Beginner’s Guide to
`
`Knitting on a Loom with Over 30 Fun Projects” and authored by Isela Phelps was
`
`published on or about March 20, 2007 by St. Martin’s Griffin (“Phelps”). Ex. 1016.
`
`41. Phelps discloses various methods of making knitted articles with the
`
`use of looms. Ex. 1016 at 3-13. As part of components for use with looms, Phelps
`
`Tristar Ex. 1019, pg. 21
`
`
`
`discloses stitch holders, such as those illustrated below, “for holding live stitches
`
`that will be worked on later in the project, like a neckline or a tricky bit of shaping.”
`
`Ex. 1016 at 10 (emphasis added).
`
`
`“Stitch Holders look like oversized safety pins except that they have a
`blunt end. They are useful for holding live stitches that will be worked
`on later in the project, like a neckline or a tricky bit of shaping.”
`(emphasis added).
`
`42. As such, the description of a “Stitch Holder” discloses that they hold
`
`live stitches together.
`
`43. Thus, the aforesaid stitch holders depicted and described in Phelps can
`
`be used in conjunction with any of the looms disclosed therein.
`
`44. Stitch holders, such as those disclosed in Phelps, and their usage and
`
`function, are well known in the art.
`
`45. For example, U.S. Patent No. 2,274,572 to Yates (“Yates”) entitled
`
`“Hand Knitting Stitch Holder,” issued on February 24, 1942 (Ex. 1011) and U.S.
`
`Tristar Ex. 1019, pg. 22
`
`
`
`Patent 3,438,223 to Linstead entitled “Stitch Holder,” issued on April 15, 1969
`
`(“Linstead”) (Ex. 1010) disclose various stitch holders.
`
`46. Yates describes such stitch holders as follows:
`
`In the art of hand knitting it is customary, when knitting various
`garments which require that one or more openings be maintained in the
`body of the garment, at some given point or points, to temporarily
`transfer from the knitting needles a number of stitches to a stitch holder
`for later consideration, so that the main knitting can be continued
`irrespective of the stitches on the stitch holder. The stitches on the
`stitch holder are later picked up and knitted in, when finishing that
`section of the garment.
`
`Ex. 1011, 1:3-13.
`
`
`47. Fig. 4 in Yates illustrating a stitch holder is reproduced below with
`
`annotation. Ex. 1011. As shown below, a piece of knitted material consisting of a
`
`series of loops is placed on the stitch holder, wherein each of the stitch loops of the
`
`piece is loaded onto, and thereby held by, a leg portion 11 of the holder such that
`
`they are prevented from becoming loosened (i.e., unraveled).
`
`
`
`Clip securing ends of
`the series of links
`
`Series of links
`
`
`
`Tristar Ex. 1019, pg. 23
`
`
`
`
`
`48. Linstead discloses a stitch holder 10 used for basically the same
`
`function as in Yates. The stitch holder 10 of Linstead illustrated in Fig. 1 is
`
`reproduced below with annotation. Ex. 1010.
`
`Clip securing ends of
`the series of links
`
`
`49. Accordingly, when the stitch holders shown in Phelps are used in
`
`conjunction with loom knitting as taught by Phelps, they receive and hold “live
`
`stitches” or stitch loops of a knitted component from the loom for assembly with one
`
`or more additional knitted components so as to complete a finished knit article.
`
`50. By way of example, the annotated illustration below shows how the
`
`Phelps stitch holder would hold live stitches together:
`
`Tristar Ex. 1019, pg. 24
`
`
`
`Stitch loops
`
`Stitch holder
`
`
`51. As shown above, the live stitches of the knitted component are loaded
`
`onto and held by the stitch holder. Each of these live stitches is an end of a series of
`
`knitted loops, and, therefore, it constitutes “an end of a series of links.”
`
`52. The stitch holder disclosed in Phelps holds and secures ends of a series
`
`of links together. Accordingly, it is my opinion that the stitch holders disclosed in
`
`Phelps are “clip[s] . . . for securing ends of a series of links together,” as recited by
`
`Claim 11 of the ‘441 Patent.
`
`53. Claim 11 also requires that the clip includes “inward facing ends
`
`disposed on each side of an opening.” As depicted below, it is my opinion that the
`
`stitch holder of Phelps has two ends, and both ends face inward – i.e., towards the
`
`center of the clip.
`
`Tristar Ex. 1019, pg. 25
`
`
`
`First inward
`facing end
`
`Inward
`direction
`
`Opening
`
`Second inward
`facing end
`
`Inward
`direction
`
`
`
`
`
`54.
`
`It is, therefore, my opinion that it would have been obvious to a
`
`PHOSITA to provide the device of Zaltzman with the stitch holder of Phelps.
`
`55. The device disclosed in Zaltzman is a hand-loom kit. Phelps
`
`specifically teaches that its stitch holder can be used when knitting with a loom,
`
`stating “Essential Tools for your Loomy Bag.” Ex. 1016 at 7.
`
`56.
`
`In such circumstances, a PHOSITA would have been motivated to
`
`provide the hand-loom kit of Zaltzman with the Phelps stitch holder such that he/she
`
`can load a partially finished component made with the Zaltzman hand-loom onto the
`
`stitch holder for assembly with another knit component for completing a completely
`
`finished knit article.
`
`57. Accordingly, it is my opinion that Claim 11 of the ‘441 Patent is
`
`obvious over Zaltzman in view of Phelps.
`
`58. Phelps discloses other types of “clips” (i.e., devices for holding things
`
`together) for securing ends of a series of links together. For instance, Phelps
`
`discloses a scarflet comprising a series of links, and two ends thereof secured to one
`
`Tristar Ex. 1019, pg. 26
`
`
`
`another by a pin/brooch (i.e., a clip). Ex. 1016 at 118. Annotated photographs from
`
`p. 118 of Phelps are reproduced below:
`
`Ends of series of links
`
`Pin/brooch (clip)
`
`
`59. The pin/brooch disclosed in Phelps would inherently have a backside
`
`pin fastener or clasp to secure the pin/brooch to the scarflet.
`
`60. For the reasons discussed below, it is my opinion that it would have
`
`been obvious to a PHOSITA to provide the device of Zaltzman with the pin/brooch
`
`of Phelps.
`
`Tristar Ex. 1019, pg. 27
`
`
`
`61. The device disclosed in Zaltzman is a hand-loom apparatus. Phelps
`
`specifically teaches that pins/brooches can be used for items knitted by the knitting
`
`looms disclosed in Phelps.
`
`62.
`
`In such circumstances, a PHOSITA would have been motivated to
`
`provide the hand-loom of Zaltzman with the Phelps pin/brooch as part of a kit such
`
`that he/she can secure two ends of a linked item to one another.
`
`63. Accordingly, it is my opinion that Claim 11 of the ‘441 Patent is
`
`obvious over Zaltzman in view of Phelps for these additional reasons.
`
`Claim 11 is Obvious Over Zaltzman and Norris
`
`64. A printed book entitled “I Can’t Believe I’m Loom Knitting!” and
`
`authored by Kathy Norris was published on or about May 1, 2010 by Leisure Arts,
`
`Inc. (“Norris”). Ex. 1015.
`
`65. Norris thoroughly describes the art of loom knitting, various types of
`
`knitting looms, including straight looms and boards, which are similar to that
`
`disclosed in Zaltzman, and tools and accessories for use in conjunction with the
`
`looms. See, e.g., Ex. 1015 at p. 3. Indeed, Norris depicts and describes in detail
`
`“Tools” used for knitting, and shows an aggregation (i.e., a “kit”) containing these
`
`tools. Ex. 1015. A photograph of these tools from p. 3 of Norris is reproduced
`
`below:
`
`Tristar Ex. 1019, pg. 28
`
`
`
`
`66. Norris discloses that these tools (i.e., kit) can be used to create various
`
`wearable items, such as scarves, hats, totes, etc. Ex. 1015, Table of Contents.
`
`67. On page 3 of Norris, “D. Cable Needle” is described as:
`
`When making cables, stitches are removed from the pegs and placed on
`a cable needle while other stitches are being worked. We used a U-
`shaped cable needle.
`
`(Emphasis added).
`
`68. Below are photographs reproduced from Norris which show how the
`
`cable needles hold looped stitches together when working with a loom:
`
`
`
`Tristar Ex. 1019, pg. 29
`
`
`
`Looped stitches
`
`Cable needle (clip)
`
`
`
`
`
`Cable needle (clip)
`
`Cable needle (clip)
`
`
`
`Looped stitches (link)
`Looped stitches (link)
`
`
`69. Thus, the aforesaid cable needles described in Norris can be used in
`
`conjunction with any of the looms disclosed therein.
`
`70. Since these live stitches shown in Norris form ends of a series of knitted
`
`knots, they constitute “ends of a series of links.” Thus, for the reasons discussed
`
`Tristar Ex. 1019, pg. 30
`
`
`
`above with respect to Phelps, the cable needles disclosed in Norris hold and secure
`
`ends of a series of links together. Accordingly, it is my opinion that the stitch holders
`
`disclosed in Norris are “clip[s] . . . for securing ends of a series of links together,” as
`
`recited by claim 11 of the ‘441 Patent.
`
`71. Claim 11 also requires that the clip includes “inward facing ends
`
`disposed on each side of an opening.” As depicted below, it is my opinion that the
`
`stitch holder of Norris has tw
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