IPR2015-01691, No. 1037-10 Exhibit - Petitioners Demonstrative Exhibits (P.T.A.B. Oct. 11, 2016)

ALLSTEEL INC.
`(Petitioner)
`v.
`DIRTT ENVIRONMENTAL SOLUTIONS LTD.
`(Patent Owner)
`Case IPR2015-01691
`
`October 13, 2016
`
`1
`
`

`Summary of Grounds
`
`Claim 1: only independent claim; instituted on three separate grounds
`Claim 5: only dependent claim argued separately by Patent Owner
`
`(Institution Decision (Paper 10) at 23.)
`
`2
`
`

`Where We Are
`
`Obviousness Issue
`Is the prior art analogous?
`
`Are all elements taught by
`the prior art?
`
`Status
`
`Yes - Undisputed
`
`Yes - Undisputed
`
`Would a person of skill
`combine the prior art?
`
`Yes - Undisputed
`
`3
`
`

`The Prior Art Is Analogous
`
`Q: So Raith, EVH, Yu, and
`MacGregor, those references all
`relate to movable wall systems,
`correct?
`A: Yes.
`
`Q: And the Gosling patent also
`relates to movable wall systems,
`correct?
`A. Yes.
`
`(Ex. 1030 at 21:14-20)
`
`Reply (Paper 30) at 3
`
`5
`
`

`Uncontested Facts = Admissions
`
`“We consider Patent Owner to have admitted those
`aspects of these grounds of unpatentability that are
`uncontested by Patent Owner and are material facts.”
`b/e Aerospace, Inc., IPR2014-01510, 2016 WL 1082726, at *17 (Mar. 18, 2016)
`(citing 37 C.F.R 32.23(a).)
`
`“The patent owner is cautioned that any arguments for
`patentability not raised in the response will be deemed
`waived.” (Scheduling Order, Paper No. 11 at 2.)
`
`Reply (Paper 30) at 2
`
`7
`
`

`DIRTT Prosecution
`
`“During prosecution, DIRTT repeatedly amended claim 1 with limitations directed to the “vertical
`end frame” and “removable connecting strip” components, ultimately adding “beaded portions” to
`those features prior to allowance.”
`
`Petition (Paper 1) at 5; Exhibit 1012 at 103-104
`
`8
`
`

`Beaded Connection Amendments
`
`Reply (Paper 30) at 4; Exhibit 1012 at 41-42
`
`9
`
`

`Raith – Beaded Portions
`
`Patent Owner/Dix do not dispute that Raith teaches all of the beaded
`connection limitations.
`
`Petition (Paper 1) at 14
`
`10
`
`

`Patent Owner’s Only Missing-Element Argument for
`Raith
`
`Patent Owner Response (Paper 24) at ii
`
`11
`
`

`Claim 1 Remaining Elements
`
`1. A movable reconfigurable wall system comprising: a) at least one wall module having a front and rear surface and top,
`bottom, right side and left side edges, said at least one wall module having:i) a vertical end frame disposed adjacent to each
`of said right and left side edges, each vertical end frame having a first vertically extending flange and a spaced apart second
`vertically extending flange thereon, each of said first vertically extending flange and said second vertically extending flange
`having a beaded portion, the beaded portion on one of said first vertically extending flange or said second vertically
`extending flange extending toward the front surface of the wall module and the beaded portion on the other of said first
`vertically extending flange or said second vertically extending flange extending toward the rear surface of the wall module;
`ii) a plurality of horizontal stringers affixed between said vertical end frames at said right and left side edges; and
`iii) an aesthetic surface affixed to said stringers; and
`b) a removable connecting strip having a pair of spaced apart flexible arms, each arm having a beaded portion thereon, the
`beaded portion of one of said arms being adapted to connect releasably to the beaded portion of one of said first vertically
`extending flange or said second vertically extending flange on said vertical end frame and the beaded portion of the other of
`said arms being adapted to connect releasably to the beaded portion of a corresponding opposed vertically extending flange
`on a separate vertical end frame of a second wall module, a wall bracket, a finishing trim or a connection post to hold one of
`said first vertically extending flange or said second vertically extending flange and said opposed vertically extending flange
`together, the beaded portions of said first vertically extending flange or said second vertically extending flange and said
`opposed vertically extending flange fitting inside the arms of said connecting strip to hold said first vertically extending flange
`or said second vertically extending flange and said opposed vertically extending flange together thereby releasably
`connecting said at least one wall module to the other of said second wall module, wall bracket, finishing trim or connection
`post.
`
`Reply (Paper 30) at 4-5
`
`12
`
`

`“Stringer” References
`
`EVH
`
`Yu
`
`MacGregor
`
`Patent Owner/Dix do not dispute that EVH, Yu, and MacGregor teach the
`stringer limitations.
`
`Reply (Paper 30) at 5
`
`13
`
`

`Patent Owner’s Expert
`
`Q. So your students, your senior design
`students, it would be well within their
`competency to design their own horizontal
`structural support to pair it with the
`connecting strip system of Raith, right?
`
`A. That's I believe what I said, yes.
`
`Q. So they could use something like Yu;
`they could use something like EVH; they
`could use something like MacGregor.
`But maybe more probable, they would just
`design their own horizontal structural
`support member to pair with the Raith
`connecting system, right?
`
`A. Right.
`
`Reply (Paper 30) at 12-14; Ex. 1030 at 54.
`
`14
`
`

`Patent Owner’s Statements
`
`Person of skill may have “modif[ied] Raith to incorporate the grooves shown
`in the distance channels of EVH . . . into the panels of the Raith system” but
`would not “further import the horizontal distance channels from EVH into the Raith
`system.” (Patent Owner Response (Paper 24) at 28.)
`
`Person of skill may have “modif[ied] Raith to incorporate the tiles and
`associated snap-fit type connections shown in Yu” but would not “substitute
`entirely new structural elements, such as the cross rails, from Yu into the Raith
`system.” (Patent Owner Response (Paper 24) at 41.)
`
`Person of skill may have “incorporate[d] the cover panels and associated
`connections described in MacGregor” but would not “substitute entirely new
`structural elements such as the cross members from MacGregor into the Raith
`system.” (Patent Owner Response (Paper 24) at 51.)
`
`16
`
`

`Patent Owner’s Statements
`
`Person of skill may have “modif[ied] Raith to incorporate the grooves shown in the
`distance channels of EVH . . . into the panels of the Raith system” but would not
`“further import the horizontal distance channels from EVH into the Raith
`system.” (Patent Owner Response (Paper 24) at 28.)
`
`Person of skill may have “modif[ied] Raith to incorporate the tiles and associated
`snap-fit type connections shown in Yu” but would not “substitute entirely new
`structural elements, such as the cross rails, from Yu into the Raith system.”
`(Patent Owner Response (Paper 24) at 41.)
`
`Person of skill may have “incorporate[d] the cover panels and associated
`connections described in MacGregor” but would not “substitute entirely new
`structural elements such as the cross members from MacGregor into the
`Raith system.” (Patent Owner Response (Paper 24) at 51.)
`
`17
`
`

`What Is Left?
`Obviousness Issue
`
`Is the prior art analogous?
`
`Are all elements taught by the prior art?
`
`Would a person of skill combine the prior
`art?
`
`Would a person of skill have combined the
`prior art in a manner that meets the
`disputed claims?
`
`Status
`
`Undisputed
`
`Undisputed
`
`Undisputed
`
`Reply (Paper 30) at 6-14
`
`18
`
`

`What Is Left?
`Obviousness Issue
`
`Is the prior art analogous?
`
`Are all elements taught by the prior art?
`
`Would a person of skill combine the prior
`art?
`
`Status
`
`Undisputed
`
`Undisputed
`
`Undisputed
`
`Would a person of skill have combined the
`prior art in a manner that meets the
`disputed claims?
`
`Yes
`
`Reply (Paper 30) at 6-14
`
`19
`
`

`Raith – Beaded Connection System
`
`Petition (Paper 1) at 14 20
`
`

`“variety of . . . partition systems”
`
`Petition (Paper 1) at 25
`
`22
`
`

`“Stringer” References – EVH, Yu, MacGregor
`
`EVH
`
`Yu
`
`MacGregor
`
`23
`
`

`Beaman: POSA Would Combine Raith & EVH
`
`“[A] person of skill would have found it readily
`achievable and desirable to use the distance
`channels of EVH to complete the securing of
`the aesthetic surface in the horizontal
`direction as Raith teaches the same
`mechanism for securing the aesthetic surface
`in the vertical direction. It would have been a
`simple matter to attach the distance channels
`of EVH to Raith’s vertical frame members
`(e.g., using well known fasteners).”
`(Beaman Decl., Ex. 1018 at ¶90; see also Petition (Paper 1) at 24-
`25.)
`
`24
`
`

`Beaman: POSA Would Combine Raith & Yu
`
`“[A] person of skill would have
`found it desirable and readily
`achievable to adapt the tile
`connection system of Yu for use in
`the Raith system, including to
`provide the benefit of secured tiles
`and the ability to hang furniture
`components to the system.”
`(Ex. 1018 at ¶138; Petition (Paper 1) at 37-
`38, 41.)
`
`25
`
`

`Beaman: POSA Would Combine Raith & MacGregor
`
`“The modified Raith-MacGregor system would combine
`the benefits of a panel system that is connectable using
`removable connector strips with a panel system having
`stringers for connecting aesthetic tiles and for
`supporting modular accessory units. This combination
`would be . . . a simple matter of securing mechanical
`components together using well known techniques.”
`(Ex. 1018 at ¶170.)
`
`Petition (Paper 1) at 47; Exhibit 1018 at ¶170
`
`26
`
`

`Dix
`
`Q. So your students, your senior design
`students, it would be well within their
`competency to design their own horizontal
`structural support to pair it with the
`connecting strip system of Raith, right?
`
`A. That's I believe what I said, yes.
`
`Q. So they could use something like Yu;
`they could use something like EVH; they
`could use something like MacGregor.
`But maybe more probable, they would just
`design their own horizontal structural
`support member to pair with the Raith
`connecting system, right?
`
`A. Right.
`
`Reply (Paper 30) at 12-14
`
`27
`
`

`Patent Owner’s Flawed Analysis
`
`►Bodily incorporation
`►“Raith manufacturing environment”
`►Limits creativity of a person of skill
`►Improper narrow interpretation of
`Petition/Beaman
`
`Reply (Paper 30) at 6-14
`
`28
`
`

`Law of Bodily Incorporation
`
`“The test for obviousness is what the combined teachings of the
`references would have suggested to a person of ordinary skill in the art,
`not whether one reference may be bodily incorporated into the
`structure of another reference as Patent Owner contends.” (Institution
`Decision (Paper 10) at 15.) (citing Keller.)
`
`“The test for obviousness is not whether the features of a secondary
`reference may be bodily incorporated into the structure of the
`primary reference; nor is it that the claimed invention must be
`expressly suggested in any one or all of the references. Rather, the test
`is what the combined teachings of the references would have suggested
`to those of ordinary skill in the art.” In re Keller, 642 F.2d 413, 425
`(C.C.P.A. 1981)
`
`Reply (Paper 30) at 7
`
`30
`
`

`Dix’s Incorrect Bodily Incorporation Analysis
`
`“If chair rail assembly 263 or the
`base structure for glass panel
`assembly 22 in Raith were replaced
`with distance channel 11 from EVH,
`there would be a gap between the
`bottom of distance channel 11 and
`the floor. An additional component or
`components would be required to
`cover that gap. A person of skill at
`the time of the invention would have
`understood that such a modification
`to Raith would be undesirable . . . .”
`(Ex. 2009, Dix Declaration ¶ 19;
`see also id. ¶¶ 24, 28.)
`
`31
`
`

`Dix’s Incorrect Bodily Incorporation Analysis
`
`Same flawed analysis for Raith + Yu and Raith + MacGregor
`
`Reply (Paper 30) at 5
`
`32
`
`

`Dix’s Incorrect Bodily Incorporation Analysis
`
`Q. So what you're doing in your analysis
`is you're looking, for example, at a
`physical embodiment of the Raith
`reference, right? And then you're looking
`at a physical embodiment of the EVH
`reference, for example, and you're
`looking at how you would take the
`physical structures of EVH and
`potentially put them into Raith and
`analyzing to what extent a person of
`ordinary skill would do that. That's the
`analysis, right?
`
`A. That's correct.
`
`Reply (Paper 30) at 7-8; Ex. 1030 at 83; see also id. at 82
`
`33
`
`

`Bodily Incorporation = Physical Incorporation
`
`Patent Owner: “only components that can be
`‘physically incorporated’ into that structure [of the
`claimed invention] can possibly satisfy claim 1 of the
`ʼ901 patent.” (Patent Owner Reply (Paper 41) at 4)
`
`Federal Circuit: “a determination of obviousness
`based on teachings from multiple references does not
`require an actual, physical substitution of
`elements.” In re Mouttet, 686 F.3d 1322, 1332 (Fed. Cir. 2012)
`(emphasis added). (Reply (Paper 30) at 7)
`
`34
`
`

`“Raith Manufacturing Environment”
`
`“My answers . . . [are] in the
`context of Raith as primary
`reference and the person of
`ordinary skill in the art relying on
`Raith as a primary reference and
`being in the Raith manufacturing
`environment.”
`(Dix Dep., Ex. 1030 at 129.)
`
`Reply (Paper 30) at 8
`
`36
`
`

`“Primary reference to Raith”
`
`Q. And is the analysis reflected in your
`declaration here limited to analyzing what a
`person of skill would do within the confines of
`the principles of the Raith system?
`
`THE WITNESS: That was the way I
`understood the object of our -- of "our"
`meaning my report, to analyze the operations
`or the decisions of one of ordinary skill in the
`art with primary reference to Raith and,
`secondarily, reference to all the other patents.
`That's the way I proceeded, yes.
`
`(Dix Dep., Ex. 1030 at 154:12-22 (objection omitted).)
`
`37
`
`

`“Company’s Product Line”
`
`(Dix Decl., Ex. 2009 at ¶ 12.)
`
`38
`
`

`Person of Skill Is Not a Specific Person
`
`“The ‘person of ordinary skill in the art’ is a theoretical
`construct used in determining obviousness under
`§103, and is not descriptive of some particular
`individual.”
`
`Endress + Hauser, Inc. v. Hawk Measurement Sys. Pty. Ltd.,
`122 F.3d 1040, 1042 (Fed. Cir. 1997)
`
`39
`
`

`Raith Manufacturing Environment
`
`(Raith, Ex. 1003, Abstract; see also Petition (Paper
`1) at 11; Patent Owner Response (Paper 24))
`40
`
`

`Raith Manufacturing Environment
`
`“[W]hether roll formed or
`otherwise, the relatively few
`modular components fit together
`in an almost endless variety of
`high or low screens or full height
`partitions.”
`(Raith, Ex. 1003 at 16:40-45; see also
`Patent Owner Prelim. Response (Paper
`9) at 27)
`
`41
`
`

`Teaching of alternatives ≠ teaching away
`
`“A reference does not teach away if it merely expresses a
`general preference for an alternative invention but does not
`‘criticize, discredit, or otherwise discourage’ investigation into
`the invention claimed.”
`
`(Institution Decision (Paper 10) at 11 (citing Fulton).)
`“[T]he prior art’s mere disclosure of more than one alternative
`does not constitute a teaching away from any of these
`alternatives because such disclosure does not criticize,
`discredit, or otherwise discourage the solution claimed….”
`In re Fulton, 391 F.3d 1195, 1200-01, 73 USPQ2d 1141, 1145-46 (Fed. Cir. 2004)
`
`42
`
`

`Dix Adds Improper Constraints on POSA’s Creativity
`
`Dix adds that POSA:
`►is in “an entry level position”
`►is “working . . . in an apprentice-like position”
`►“goes about his or her work by solving problems given to him or her by
`his superiors”
`►“tends to make modifications and propose solutions only to the extent
`necessary to solve the problem he or she has been given or to
`accomplish the goal that he or she has set out to achieve.”
`(Dix Decl., Ex. 2009 at ¶ 11.)
`
`44
`
`

`POSA not an automaton
`
`“A person of ordinary skill in the art is also a person of ordinary
`creativity, not an automaton.”
`KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d at 1397.
`
`“[I]n many cases a person of ordinary skill will be able to fit the
`teachings of multiple patents together like pieces of a puzzle.”
`Id. at 420, 82 USPQ2d at 1397.
`
`“The rationale of KSR does not support [patentee’s] theory that a person
`of ordinary skill can only perform combinations of a puzzle element A
`with a perfectly fitting puzzle element B. To the contrary, KSR instructs
`that the obviousness inquiry requires a flexible approach.”
`ClassCo, Inc. v. Apple, Inc., 2016 WL 5219886, at *3 (Fed. Cir. Sept. 22, 2016).
`
`45
`
`

`Dix
`
`Q. Okay. What are some of the
`ideas that come to mind for how --
`creative ideas your students might
`come up with for horizontal
`structural members to use with the
`cross-rail system of Raith?
`
`A. We're not talking about
`creative ideas; we're just talking
`about different geometries
`
`(Dix Dep., Ex. 1030 at 53.)
`
`46
`
`

`Dix
`
`THE WITNESS: I think the
`students are a bit more creative
`than being restricted to the details
`of a specific cross-rail system,
`whether it’s Yu or Rozier or EVH.
`
`(Dix Dep., Ex. 1030 at 53.)
`
`47
`
`

`Petitioner’s Contentions
`
`“It would have been obvious to combine the glass wall panel design of
`EVH with the modular structural components of Raith.” (Beaman Decl.,
`Ex. 1018 ¶ 67 .)
`
`“Accordingly, a person of skill would have found it desirable and readily
`achievable to adapt the tile connection system of Yu for use in the Raith
`system, including to provide the benefit of secured tiles and the ability to
`hang furniture components to the system.” (Beaman Decl., Ex. 1018 ¶
`138.)
`
`“In my opinion, a person of skill would have found it feasible and
`desirable to adapt the cross members taught in MacGregor for use in
`the Raith system.” (Beaman Decl., Ex. 1018 ¶ 178.)
`
`49
`
`

`Obviousness Law Again
`
`“The test for obviousness is what the combined teachings of the
`references would have suggested to a person of ordinary skill in the art,
`not whether one reference may be bodily incorporated into the structure
`of another reference as Patent Owner contends.” (Institution Decision
`(Paper 10) at 15.) (citing Keller.)
`
`50
`
`

`The Board
`
`The Board
`
`IPRZEJI 5-fl}16‘)|
`|’alcnt 14.(J24.‘J£}1 B2
`
`‘:Llunl0\\11cr argues ihat Raith icachcs a\\'a_\' from using thu
`hu|'i'/unml s1r1|ctLLrusdi:;c1oc;cd in YLL Prelim. Resp. 34.
`In pamis:u]=|r__ |"::lcm
`(lunar zlrguus Ihul |{::i|I1tL'.;IchL:x using t‘c\\'urpzI1'lxtu cuuslrucl .'1p:1n::|. and
`t1u:rul‘oru. u-auld hem: discmlmgud a person of nrdin:n'_\' skill in the url I‘m1n
`using Yu‘s Imt'i'.r.m1u|1 :atrLI.clurc:;_ |"rc]1'n1. Resp. 3-I-35. We lmvc addrcswcd
`this ar5_:u1ncn1 in Ihu context ufthn: cmnhzmliinnl 0|’ Railh and 1-IVII above.
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`I1UCCH5ElF'iI_\' lhc zaddilicm Lsfirzlrls.
`Palunl [)\\'nc1" ulsu ::I'g.u.cR [hat il unuld not have been uhvious to add
`..:|... .|.......-|..---I. .rn.:.|.L.-
`- .. ..
`
`u..-. .
`
`J
`
`Colltends. In re Keller. 642 F.2d 413. 425 (CCPA 1981).
`
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`
`mlattrrlds m :2‘ rm'.&.-r_ (.42 F.3d 4 I3. 425 ((‘.:’..'|’.'\ 19.21 1.—
`
`51
`
`

`Beaman Deposition
`
`Beaman Deposition
`
`JOSEPH J. BEPLMAN.
`
`JR-r Ph.D.
`
`solxd panels of Raith.
`
`HY MR. NYDEGGER:
`
`Q. And in order to do that. would a person of
`
`|'.'Sli K\']\\|1!l'|g - '.\'n'4I|dn'In.|n:
`
`RT‘:‘.‘.fuj-‘)<!itJ
`
`HMTTEXHHHFIMBJM
`H’R2UI5-0]fi9I
`
`52
`
`

`Genzyme
`
`“The purpose of the trial in an inter partes review
`proceeding is to give the parties an opportunity to
`build a record by introducing evidence—not simply to
`weigh evidence of which the Board is already aware.”
`
`Genzyme Therapeutic Prod. Ltd. P'ship v. Biomarin Pharm. Inc.,
`825 F.3d 1360, 1367 (Fed. Cir. 2016)
`
`53
`
`

`What Is Left?
`Obviousness Issue
`
`Is the prior art analogous?
`
`Are all elements taught by the prior art?
`
`Would a person of skill combine the prior
`art?
`
`Status
`Undisputed
`
`Undisputed
`
`Undisputed
`
`Would a person of skill have combined
`the prior art in a manner that meets the
`disputed claims?
`
`Yes
`
`54
`
`

`Additional Issues
`
`►Secondary Considerations
`►Claim 5
`
`55
`
`

`Additional Issues
`
`►Secondary Considerations
`►Claim 5
`
`56
`
`

`Secondary Considerations - Commercial Success
`
`“It is well established that absolute
`sales numbers without market share
`data does not establish commercial
`success.”
`
`IPR2014-01103, Paper No. 50 at 26 (Medley, J.)
`(citing In re Huang, 100 F.3d 135, 140 (Fed. Cir. 1996).)
`
`57
`
`

`Gosling Has “Not a Clue” About Market Share
`
`(Ex. 1031 at 57-59.)
`
`58
`
`

`Commercial Success
`
`Demonstrating commercial success requires “proof
`‘that the sales were a direct result of the unique
`characteristics of the claimed invention.”
`In re DBC, 545 F.3d 1373, 1384 (Fed. Cir. 2008).
`
`If “success is due to an element in the prior art, no
`nexus exists.”
`Tokai Corp. v. Easton Enters., Inc., 632 F.3d 1358, 1369 (Fed. Cir. 2011).
`
`59
`
`

`Product Features In Prior Art - EVH
`
`Reply (Paper 30) at 22; Ex. 1004 at 242-243
`
`60
`
`

`Same Features Contribute to Dirtt’s wall system
`
` Variable sized prefabricated panels
` Walls that allow for passthrough components
` Removable by means of specially designed
`connecting strips
` Wall modules can be adjusted to meet different
`ceiling heights
` Modules can be stacked on top of each other
` Modules accommodate both vertical and horizontal
`shapes, can accommodate both single or double
`glazed glass, as well as a variety of blinds or
`privacy screens
` Lower glide system that allows for adjustability
`
` Panels that can be attached to drywall with a
`telescoping connector
` Skin of DIRTT's walls is manufactured from a
`variety of materials
` Capacity to allow for pocket doors, pivot doors and
`hinged doors
` Accommodate three-inch thick flat TVs within solid
`panels
` Allows for an easy and clean installation
` Walls allow for hanging componentry, work
`surfaces, overheads, light accessories and the like
` Allow for radius corners and radius panels
`
`Reply (Paper 30) at 22; Ex. 1031 at 74-78; Ex. 1004 at 242-243
`
`61
`
`

`Secondary Considerations – Praise By Others
`
`“For objective evidence to be accorded substantial
`weight, its proponent must establish a nexus
`between the evidence and the merits of the claimed
`invention.”
`
`In re GPAC Inc., 57 F.3d 1573, 1580 (Fed. Cir. 1995)
`
`62
`
`

`Gosling’s Award In Canada
`
`►No indication that award committee ever saw ‘901 patent
`►No indication that committee compared Patent Owner’s product to
`‘901 patent
`►No evidence establishing a nexus between the award and the
`‘901 patent.
`
`Reply (Paper 30) at 22; Ex. 1031 at 97-98
`
`63
`
`

`Johnson County Hearsay
`
`►Patent Owner does not cite Gosling’s declaration or the Johnson
`County YouTube Video [Exs. 2004 & 2005] “to establish that there
`were no other movable wall systems with horizontal aesthetic tiles and
`horizontal stringers in the market pre-2004.” (Patent Owner
`Opposition (Paper 39) at 7-8.)
`
`►Patent Owner admits that this evidence merely “show[s] the
`perceptions and reactions of customers with whom Gosling interacted”
`in support of the idea that “customers perceived that DIRTT’s
`patented product met a need that had not been met for them by other
`products they had encountered.” (Patent Owner Opposition (Paper
`No. 39) at 7.)
`
`64
`
`

`Additional Issues
`
`►Secondary Considerations
`►Claim 5
`
`65
`
`

`Claim 5 is Invalid
`
`“Yu broadly discloses “protrusions” on the cross
`members in the form of connectors 190-5 and “tile
`clips” on the cover pads, or tiles, in the form of beads
`188 on the cover pads… the connectors 190-5
`“protrude” and the beads 188 “clip” the tiles on the
`connectors 190-5”
`
`Petition (Paper 1) at 38; see, also, Ex. 1018 at ¶ 152
`
`(Petition (Paper
`1) at 35.)
`
`66
`
`

`Claim 5 is Invalid
`
`(Petition (Paper 1) at 42-43.)
`
`► “Each cross rail 200 also includes three
`cover pad mounting brackets 189-5
`mounted thereto for connection of cover
`pads…the mounting brackets 189-5
`include resilient U-shaped connectors 190-
`5 for connection of cover pads…”
`
`(Ex. 1005 at 25:27-35.)
`
`► Yu discloses removable panel covers or
`tiles…It is also clear that the cross rails and
`mounting brackets of Yu serve to secure
`cover tiles to both the front and rear
`surfaces of the box beam.
`
`(Ex. 1018 at ¶ 148.)
`
`67
`
`

`Patent Owner’s Limited Analysis
`
`“Petition relies solely on paragraphs 150-153
`of the Beaman declaration…But that portion
`of Yu discloses the connection of a cover tile
`23-4 to the upright 19-4…”
`
`(Patent Owner Response (Paper 24) at 48.)
`
`Patent Owner ignores or mischaracterizes
`Petitioner's evidence.
`
`68
`
`

`Patent Owner’s Improper Interpretation of Beaman
`
`“Dr. Beaman’s declaration also opines that the
`requires of claim 5 are taught [in another
`passage of Yu]…But those portions of Yu
`disclose attaching a cover panel 23-1 using
`an elongate spring clip 135′ on the horizontal
`upper cross rail 42-1…that portion of Yu does
`not teach a “plurality of horizontal stringers”
`wherein “each said stringer” includes one or
`more protrusions for affixing tiles.”
`
`(Patent Owner Response (Paper 24) at 48.)
`
`Mischaracterized: partial reading of Dr.
`Beaman’s declaration
`
`69
`
`

`Patent Owner’s Improper Interpretation of Beaman
`
`Cross-rail 42-1 cited as additional
`evidence of Yu’s teachings.
`
`(Ex. 1018 at ¶ 152.)
`
`70
`
`

`Duplication of Cross-Rail Acknowledged by Dix
`
`Dr. Dix acknowledges that upper cross-
`rail 42-1 could be duplicated.
`
`(Ex. 1030 at
`140:3-8.)
`
`71
`
`

`Evidence Ignored By Patent Owner: Alternate Theory
`
`“To the extent the beads 188 are more
`properly construed as “protrusions” according
`to claim 5 and the connectors 190-5 are more
`properly construed as “connectors” according
`to claim 5, it would have been obvious to a
`person of ordinary skill in the art to switch the
`locations of these complementary fastening
`components as a matter of mere design
`choice...”
`
`(Petition (Paper 1) at 38 (emphasis added);
`see also, Ex. 1008 at ¶ 153.)
`
`72
`
`

`Claim Construction
`
`73
`
`

`“horizontal stringer"
`
`1. A movable reconfigurable wall system comprising: a) at least one wall module having a front and rear surface and top,
`bottom, right side and left side edges, said at least one wall module having:i) a vertical end frame disposed adjacent to each
`of said right and left side edges, each vertical end frame having a first vertically extending flange and a spaced apart second
`vertically extending flange thereon, each of said first vertically extending flange and said second vertically extending flange
`having a beaded portion, the beaded portion on one of said first vertically extending flange or said second vertically
`extending flange extending toward the front surface of the wall module and the beaded portion on the other of said first
`vertically extending flange or said second vertically extending flange extending toward the rear surface of the wall module;
`ii) a plurality of horizontal stringers affixed between said vertical end frames at said right and left side edges; and
`iii) an aesthetic surface affixed to said stringers; and
`b) a removable connecting strip having a pair of spaced apart flexible arms, each arm having a beaded portion thereon, the
`beaded portion of one of said arms being adapted to connect releasably to the beaded portion of one of said first vertically
`extending flange or said second vertically extending flange on said vertical end frame and the beaded portion of the other of
`said arms being adapted to connect releasably to the beaded portion of a corresponding opposed vertically extending flange
`on a separate vertical end frame of a second wall module, a wall bracket, a finishing trim or a connection post to hold one of
`said first vertically extending flange or said second vertically extending flange and said opposed vertically extending flange
`together, the beaded portions of said first vertically extending flange or said second vertically extending flange and said
`opposed vertically extending flange fitting inside the arms of said connecting strip to hold said first vertically extending flange
`or said second vertically extending flange and said opposed vertically extending flange together thereby releasably
`connecting said at least one wall module to the other of said second wall module, wall bracket, finishing trim or connection
`post.
`
`74
`
`

`Board’s Construction
`
`“[T]he broadest reasonable interpretation of a
`horizontal string is a horizontal structural support.”
`(Institution Decision (Paper 10) at 8.)
`
`75
`
`

`Board’s Construction
`
`“[T]he broadest reasonable interpretation of a
`horizontal string is a horizontal structural support.”
`(Institution Decision (Paper 10) at 8.)
`
`Compelled by Intrinsic Evidence:
` Stringers are used “anywhere structure is required. For
`example, the lowest stringer 8a may not include
`cantilever channel portion 41.” ‘901 patent at 4:58-61
`(emphasis added)
`
`76
`
`

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