NY 802602V.1
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________________________________________________
`
`
`
`GENERAL PLASTIC INDUSTRIAL CO., LTD.
`Petitioner
`
`v.
`
`CANON KABUSHIKI KAISHA
`Patent Owner
`
`
`
`U.S. Patent No. 8,909,094
`Issue Date: December 9, 2014
`Title: SEALING MEMBER, TONER CONTAINER
`AND IMAGING FORMING APPARATUS
`
`
`
`
`
`DECLARATION OF BRIAN SPRINGETT, PH. D.
`
`
`
`Case No. IPR2015-01954
`
`
`
`
`
`GPI EXHIBIT 1007
`GENERAL PLASTIC v. CANON
`IPR2015-01954
`
`1
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________________________________________________
`
`
`
`GENERAL PLASTIC INDUSTRIAL CO., LTD.
`Petitioner
`
`v.
`
`CANON KABUSHIKI KAISHA
`Patent Owner
`
`
`
`U.S. Patent No. 8,909,094
`Issue Date: December 9, 2014
`Title: SEALING MEMBER, TONER CONTAINER
`AND IMAGING FORMING APPARATUS
`
`
`
`
`
`DECLARATION OF BRIAN SPRINGETT, PH. D.
`
`
`
`Case No. IPR2015-01954
`
`
`
`
`
`GPI EXHIBIT 1007
`GENERAL PLASTIC v. CANON
`IPR2015-01954
`
`1
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`
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`I, Brian Springett, Ph.D., hereby declare and state as follows:
`
`I.
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`BACKGROUND AND QUALIFICATIONS
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`1. My name is Dr. Brian Springett and I have been retained by Petitioner
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`General Plastic Industrial Co., Ltd. to provide assistance in the above-captioned
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`matter, which I understand to be related to alleged invalidity of certain claims in
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`U.S. Patent No. 8,909,094 (“the ‘094 patent”), entitled “Sealing Member, Toner
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`Accommodating Container and Image Forming Apparatus”.
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`2.
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`I have summarized in this section my educational background, career
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`history, and other relevant qualifications. A true and accurate copy of my
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`curriculum vitae is attached hereto as Exhibit A.
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`3.
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`I received a B.A. with Honors in Physics and Mathematics from the
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`University of Cambridge in Cambridge, England in 1960. I also received an M.S.
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`in Physics from the University of Chicago in Chicago, Illinois in 1963, followed by
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`an M.A. in Physics from the University of Cambridge in Cambridge, England in
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`1964. I earned a Ph.D. from the University of Chicago, Illinois in 1966 in Solid
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`State and Low Temperature Physics. After receiving my Ph.D., I continued my
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`education with short courses on Laser Beams from the University of Chicago, short
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`courses in Optics & Lasers from the University of Rochester and a short course in
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`Technology Management from the Sloan School, Massachusetts Institute of
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`Technology.
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`4.
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`After leaving Cambridge University and prior to attending the
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`University of Chicago, I spent one year with Hoffman Semiconductor in Southern
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`California working on solar cells and integrated circuits. After earning my Ph.D., I
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`spent one year as a post-doctoral research associate at the University of Chicago
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`before moving to the University of Michigan as an assistant professor in the
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`Physics Department. Additional teaching positions have included visiting
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`professor positions at the University of Oakland, in Rochester, Michigan, and the
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`University of Quebec, in Trois-Rivières, Quebec.
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`5.
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`In 1974, following my academic positions, I worked for Xerox
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`Corporation for 27 years. During my first 13 years at Xerox Corporation, I
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`conducted research and development on new electrophotographic subsystems, the
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`first Xerox laser printers, system integration of electrophotographic consumables,
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`including work with multiple types of toners, photoreceptors, and charging
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`systems. My work involved coordination of research and development and
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`integration of planning with engineering groups around the world. During the next
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`14 years at Xerox, I worked in technology management and strategic planning,
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`including research and development on system integration of electrophotographic
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`consumables for new digital products, both black and white and color. This work
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`included membership on standing research and development committees to
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`monitor progress of technology investments and formulating strategy assessments
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`and refinements, as well as consultation on international standards committees.
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`6. My 27 years of experience at Xerox Corporation, included working
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`with photoreceptors, toners, developers, toner cartridges, liquid toners, media, and
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`electrophotographic systems (including digital black and white and color printing).
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`Since leaving Xerox Corporation, my educational background has enabled me to
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`work as a business and technology advisor and consultant for the past 12 years.
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`My work as an advisor and consultant has generally but not exclusively been
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`related to electrophotography, including print cartridge remanufacturing, toner
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`development and problem solving, other research and development projects, and
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`business development projects with more than 20 companies in the USA and
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`abroad. I have also made presentations on various aspects of electrophotography
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`and the associated materials and components, such as photoreceptors, toners,
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`carriers, and developers, at ten conferences since June 2001, and I served as the
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`co-chairman of the Toner & Photoreceptors series of conferences run by Tiara
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`Group from 2001 to 2010.
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`7.
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`I am named as inventor on 13 United States and European patents
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`relating to electrophotographic sub-systems, and methods and applications for
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`photoconductors and toners. I have over 90 publications in various journals
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`relating to low temperature quantum physics, amorphous semiconductors, charge
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`transport in dense cold gases, charge transport in non-crystalline materials,
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`electrophotographic photoconductors, toners and sub-systems, electrophotography
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`and digital color printing. I have authored a chapter, “Brief Introduction to
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`Electrophotography,” in the new edition of a Handbook of Imaging Materials,
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`2nd edition, revised and expanded, edited by Marcel Dekker, A. Diamond, &
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`D. Weiss, 2002. I have co-authored a Technical Review Article on the Physics of
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`Electrophotography, “Physics of Electrophotography,” D.M. Pai & B.E. Springett,
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`Reviews of Modern Physics, vol. 65, no. 1, 1993, pp. 163-211. I have on three
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`occasions presented a four-hour short course entitled “The Business of Toner:
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`A Value-Chain Oriented Introduction” to classes of technical professionals from
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`around the world at the series of International Non-Impact Printing Conferences
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`run by the Society for Imaging Science & Technology. Other of my publications
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`are detailed in the attached curriculum vitae.
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`8.
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`During the previous four years, I have testified in the patent
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`infringement suit, Canon, Inc. v. Color Imaging, Inc. and General Plastic
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`Industrial Co., Ltd., 1:11-CV-03855-RLV, N.D. Georgia, as an expert by
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`deposition, on behalf of the Defendants.
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`II. ASSIGNMENT AND MATERIALS REVIEWED
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`9.
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`I have been retained by General Plastic Industrial Co., Ltd. in
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`connection with its Petition for inter partes review of U.S. Patent No. 8,909,094
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`(“the ‘094 patent”). I have reviewed the ‘094 patent (Ex. 1001), its prosecution
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`history (Ex. 1002), and the prior art reference relied on in the Petition, namely
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`Matsuoka et al. U.S. Patent No. 5,903,806 (“Matsuoka”, Ex. 1006). I have also
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`reviewed the other technical references cited in the Petition such as U.S. Patent
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`No. 7,647,012 (Ex. 1003).
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`10.
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`I submit this declaration in support of the Petition for Inter Partes
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`review of the ‘094 patent.
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`11.
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`I am not now, and have never been, an employee of General Plastic
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`Industrial Co., Ltd. or any parent or subsidiary thereof.
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`12.
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`I am being compensated for my time at a rate of $200 per hour for all
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`work and $100 per hour for travel time. My compensation is in no way dependent
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`upon the substance of the opinions I offer below, or upon the outcome of General
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`Plastic’s Petition for Inter Partes review (or the outcome of such an inter partes
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`review, if a trial is initiated).
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`III. PERSON OF ORDINARY SKILL IN THE ART
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`13.
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`I understand that a patent must be written such that it can be
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`understood by a “person of ordinary skill” in the field of the patent.
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`14.
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`I understand that this hypothetical person of ordinary skill in the art is
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`considered to have the normal skills and knowledge of a person in a certain
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`technical field, as of the time of the invention at issue. I understand that factors
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`that may be considered in determining the level of ordinary skill in the art include:
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`(1) the education level of the inventor; (2) the types of problems encountered in the
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`art; (3) the prior art solutions to those problems; (4) rapidity with which
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`innovations are made; (5) the sophistication of the technology; and (6) the
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`education level of active workers in the field. I also understand that “the person of
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`ordinary skill” is a hypothetical person who is presumed to be aware of the
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`universe of available prior art.
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`15.
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`In my opinion, as of the February 19, 2002 filing date of the earliest
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`U.S. application for which priority is claimed under 35 U.S.C. §120 and/or the
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`February 19, 2001 filing date of the earliest Japanese application for which priority
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`is claimed under 35 U.S.C. §119, a person of ordinary skill in the art of the
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`‘094 patent would be a person with (1) a bachelor’s degree in mechanical
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`engineering, or a similar
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`technical
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`field;
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`(2) a working knowledge of
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`electrophotographic
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`imaging systems,
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`image
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`forming apparatuses,
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`toner
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`containers, and the like; (3) at least two years of experience in analysis, design and
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`development of such electrographic imaging systems, image forming apparatuses,
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`and toner containers; and (4) an understanding of the prior art and an
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`understanding that design concepts can be adopted from other contexts where the
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`problems or needs might be similar, and relevant technical literature and
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`publications.
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`16. Based on my experience and education, I consider myself (both now
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`and as of February 19, 2002 and February 19, 2001) to be a person of at least
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`ordinary skill in the art with respect to the field of technology implicated by the
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`‘094 patent.
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`IV. CLAIM CONSTRUCTION
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`17.
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`In rendering the opinions set forth in this declaration, I have
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`considered what one of ordinary skill in the art would consider to be the broadest
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`reasonable construction of the ‘094 patent terms.
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`18.
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`I have read and understand the ‘094 patent.
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`A.
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`Preamble
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`19. The preamble of each challenged independent claims 1, 11, 29 and 38
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`reads “[a] toner supply container”.
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`20. Because the preamble of each challenged independent claim is limited
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`to just a toner supply container and omits any mention of an electrophotographic
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`image forming apparatus (such as a copier, a printer or a facsimile machine), a
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`person of ordinary skill would understand that the challenged claims do not require
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`the toner supply container to be detachably mountable to an electrophotographic
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`image forming apparatus, such as by a snap-fit connection.
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`21. Because the preamble of each challenged independent claim is limited
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`to just a toner supply container and omits any mention of an electrophotographic
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`image forming apparatus (such as a copier, a printer or a facsimile machine), a
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`person of ordinary skill would understand that the challenged claims do not require
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`any recited structural element to actually receive a force exerted by an
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`electrophotographic image forming apparatus.
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`B.
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`“Toner”
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`22. Challenged independent claims 1, 11, 29 and 38 of the ‘094 patent all
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`recite “a container body configured to contain toner … and configured to permit
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`discharge of the toner contained in the container body”.
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`23. A person of ordinary skill would understand the “toner” term to mean
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`a powder
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`for developing an electrostatic
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`image created within an
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`electrophotographic image forming apparatus such as a copier, a printer or a
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`facsimile machine.
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`24. Synonymous terms for “toner” includes “replenisher,” “replenishing
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`agent,” “developer,” and “developing agent”.
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`25.
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`In the context of the challenged claims, the “toner” term means
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`a powder that can be contained in and discharged from a container.
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`C.
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`“the sealing member being movable relative to the container body
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`in an axial direction of the container body” and “the opening becoming
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`unsealed by relative movement of the sealing member and the container body
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`away from one another”
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`26. Challenged independent claims 1, 11, 29 and 38 all recite that
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`“the sealing member being movable relative to the container body in an axial
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`direction of the container body” and “a sealing portion … configured to seal the
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`opening when the sealing member and the container body are in a first position
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`relative to one another, the opening becoming unsealed by relative movement of
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`the sealing member and the container body away from one another from the first
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`position to a second position relative to one another”.
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`27. A person of ordinary skill would understand that there are two
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`alternative constructions for these inter-related limitations: (1) the sealing member
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`can move axially relative to the container body, and the sealing portion is
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`moveable from a first position sealing the container body’s opening to a second
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`position unsealing the container body’s opening; or (2) the sealing member can
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`move axially relative to the container body, and when the sealing portion is in a
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`first position sealing the container body’s opening, an axial end of the container
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`body can relatively move away from an axial end of the seal member so as to
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`displace the sealing portion into a second position unsealing the container body’s
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`opening.
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`First Alternative Proposed Construction
`28. The first proposed alternative construction is supported by the
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`‘094 patent specification. More particularly, as illustrated in Figures 7(B) and 7(C)
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`of the ‘094 patent, which are reproduced below, after the engaging projection 3
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`locks the sealing member 2 to the axially-stationary driving portion 20, the copier
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`100 moves the toner bottle 1 axially away from now the axially-stationary sealing
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`member 2.
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`FIG. 7
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`29.
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`“As will be understood from FIG. 7(C), after sealing member 2 and
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`the driving portion 20 are engaged, a slidable member 300 is retracted in a
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`direction indicated by an arrow b in interrelation with a closing operation of the
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`front cover 15 for exchange of the bottle. By this, the toner bottle 1 is retracted,
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`too, but the sealing member is locked within the main assembly side of the
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`[copier 100], and therefore, the sealing member 2 is away from the toner bottle 1,
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`thus opening the opening 1a to enable toner supply.” Ex. 1001 at col. 8, ln. 9-17.
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`30. When the toner bottle 1 is not within the copier 100, the toner bottle’s
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`opening 1a is intended to be sealed. See, e.g., Ex. 1001 at col. 7, ln. 46-51 &
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`col. 9, ln. 1-33. Thus, the recited “relative movement of the sealing member and
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`the container body away from one another from the first position to a second
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`position relative to one another” is not intended to occur unless and until the toner
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`bottle 1 is inserted into copier 100. See Ex. 1001 at Figs. 7(A)-7(C).
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`31. The preamble of challenged independent claims 1, 11, 29 and 38
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`recites “a toner supply container” itself, and does not explicitly recite a copier or
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`the alike that may initiate relative movement between the sealing member and the
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`container body. The “relative movement” limitation, therefore, should be
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`disregarded leaving the structural limitation that the sealing portion is movable
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`from a first position sealing the container body’s opening to a second position
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`unsealing the container body’s opening.
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`Second Alternative Proposed Construction
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`32. Alternatively, the limitation should be construed to require that an
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`axial end of the container body relatively moves axially away from an axial end of
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`the sealing member, thereby unsealing the container body’s opening.
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`33. As depicted in Figures 7(B) and 7(C), the axial end of the toner bottle
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`1 having opening 1a is moved axially away from the axial end of sealing member 2
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`having sealing portion 2b, thereby unsealing the opening 1a.
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`FIG. 7
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`D.
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`“a displacing force receiving portion …” & “a projecting portion…”
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`34. Claim 1 recites “a displacing force receiving portion provided on the
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`supporting portion at a position closer to the container body than the engaging
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`portion, the displacing force receiving portion being displaceable with the
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`supporting portion”.
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`35. Claim 11 recites “a displacing force receiving portion provided on
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`each supporting portion at a position closer to the container body than the engaging
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`portion provided at the free end of that supporting portion, the displacing force
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`receiving portion being displaceable with the supporting portion on which it is
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`provided”.
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`36. Claim 29 recites “a projecting portion provided at a position closer to
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`the container body than the engaging portion, … the projecting portion being
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`displaceable with the supporting portion”.
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`37. Claim 38 recites “a projecting portion provided on each supporting
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`portion at a position closer to the container body than the engaging portion, … the
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`projecting portion being displaceable with the supporting portion.”
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`38. A person of ordinary skill would understand the terms “displacing
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`force receiving portion” and “projecting portion” to mean a portion of the coupling
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`portion that is provided at the recited location vis-à-vis the engaging portion and
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`container body.
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`39. Because the preamble of the challenged claims does not recite a
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`snap-fit connection between an electrophotographic image forming apparatus and
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`the toner supply container, there is no recitation of a force being exerted by the
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`electrophotographic image forming apparatus and received by the portion or the
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`portion’s reaction to the receipt of such a force. Consequently, the phrases “the
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`displacing force receiving portion being displaceable with the supporting portion”
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`and “the projecting portion being displaceable with the supporting portion” simply
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`mean that the portion has some degree of elasticity to move along with the
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`supporting portion.
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`V. MATSUOKA (Ex. 1006)
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`40.
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`In my opinion, one of ordinary skill in the art as of the February 19,
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`2002 effective filing date of the ‘094 patent would have considered Matsuoka to
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`be within the same technical field as the subject matter set forth in the ‘094 patent.
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`Further, Matsuoka would be considered highly relevant prior art to the claims of
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`the ‘094 patent.
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`41.
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`I have read Matsuoka and fully understand its subject matter. Set
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`forth below, I present my opinions on what a person of ordinary skill in the art
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`would understand certain aspects of Matsuoka to be teaching, and what Matsuoka
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`would suggest to a person of ordinary skill.
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`A.
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`The Teachings Of Matsuoka
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`42. Matsuoka discloses a sealing member for sealing and resealing a
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`rotatable, cylindrical replenishment cartridge 30 containing developing agent
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`powder.
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`43. Figure 3 of Matsuoka, which is reproduced below, depicts a color
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`printer having a plurality of developing agent cartridges 30 (Y, M, C and K) to be
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`attached or detached, developing agent receiving ports 42 (Y, M, C and K) which
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`receive developing agents contained in cartridges 30.
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`44.
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`“Fig. 3 is a perspective view showing cartridges 30Y, 30M, 30C and
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`30K, developing agent receiving ports 42Y, 42M, 42C and 42K, and a part of
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`developing units 20Y, 20M, 20C and 20K. Cartridge attaching section 41 makes
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`four cartridges 30Y, 30M, 30C and 30K to be set, on a detachable basis, in parallel
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`with each other on the mostly same plane.” Ex. 1006 at col. 7, ln. 1-7.
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`45. Figure 4(d) of Matsuoka, which is reproduced below, illustrates the
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`cartridge 30.
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`The cartridge 30 is composed of a container main body 31 which is a cylinder
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`having an opening 312 at the above-depicted left-hand axial end. See Ex. 1006 at
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`col. 7, ln. 22-30 & Fig. 7(a).
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`46. A person of ordinary skill would understand Matsuoka’s cartridge 30
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`to correlate with the toner bottle 1 disclosed in the ‘094 patent specification and the
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`“toner supply container” recited by the challenged claims.
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`47. The cartridge 30 “contains developing agents”. Id. The opening 312
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`permits the discharge of the developing agent from the container main body 31.
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`See Id. at Fig. 6.
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`48. A person of ordinary skill would understand Matsuoka’s developing
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`agent to correlate with the “toner” recited in the challenged claims.
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`49. The cylindrical cartridge 30 is rotatable about its longitudinal axis.
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`See Ex. 1006 at col. 8, ln. 14-20 & Fig. 6.
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`50. A person of ordinary skill would correlate Matsuoka’s integrally
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`combined fixed cover 32 and rotary power transmitting member 44 with the
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`“sealing member” recited in the challenged claims. Figures 7(a) and 7(b) of
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`Matsuoka, which are reproduced below, illustrate an exploded view of the fixed
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`cover 32 and the rotary power member 44.
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`51. Matsuoka’s resulting structural arrangement satisfies all of the
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`limitations of the challenged claims, as properly construed, when the cartridge 30
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`is positioned for use in the color printer as depicted in Figure 6 of Matsuoka.
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`52. Figure 6 of Matsuoka, which is reproduced below with highlighting,
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`depicts the printer’s developing agent receiving port 42 with the cartridge 30
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`attached to the cartridge attaching section 41 (see Ex. 1006 at col. 7, ln. 57-60, &
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`Fig. 3 reproduced above):
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`The power transmitting member 44 is highlighted in red and the fixed cover 32 is
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`highlighted in yellow.
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`53. The power transmitting member 44 and the fixed cover 32 are
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`integrally combined by the coming-off preventing portion 444. See Ex. 1006 at
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`Fig. 7(b).
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`54. The integrally combined power transmitting member 44 and the fixed
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`cover 32 would be movable relative to the cartridge 30 upon the disattachment of
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`the engagement claw portion 313 provided on the surrounding of the container
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`main body’s opening 312 from the fixed cover’s recessed portion 322. Ex. 1006 at
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`col. 7, ln. 30-37.
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`55. A person of ordinary skill would correlate the fixed cover’s
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`opening/closing cover 33 (see Ex. 1006 at Fig. 7(a)) with the “sealing portion”
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`recited in the challenged claims.
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`56. Figure 10(b) of Matsuoka, which is reproduced below, correlates to
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`the “first position” recited in the challenged claims.
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`In this position, the engagement portion 331 of the cartridge opening/closing cover
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`33 is engaged with the ring-shaped recess portion 446 of the rotary power
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`transmitting member 44. See Ex. 1006 at col. 9, ln. 28-43. In this position, the
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`cartridge opening/closing cover 33 seals the opening 312 in the cartridge 30.
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`57. Figure 11 of Matsuoka, which is reproduced below, correlates to the
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`“second position” recited in the challenged claims.
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`Relative to the “first position” depicted in Figure 10(b), the cartridge 30 has
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`advanced in the arrowed direction depicted at the top of Figure 10(b). See
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`Ex. 1006 at col. 9, ln. 44-47.
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`58.
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`In this “second position”, the opening/closing cover 33 is compressed
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`to thereby form “opening 321 between the cartridge opening/closing cover 33 and
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`the rotary
`
`transmitting member 44.”
`
` Id. at col. 9,
`
`ln. 50-54.
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` “When
`
`opening/closing cover 33 is opened by the rotary power transmitting member 44,
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`developing agents contained in the container main body 31 of the cartridge 30 pass
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`through replenishment opening section 441 of the rotary power transmitting
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`member 44 from the opening 321, and then is contained in a hopper of the
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`developing agent receiving port 42.” Id. at col. 8, ln. 7-13; see also Id. at Fig. 6.
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`NY 802602V.1
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`- 19 -
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`20
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`
`
`
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`59.
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`In this “second position”, the cartridge opening/closing cover 33 has
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`been moved axially away relative to the container’s axial end opposite the opening
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`312 and thereby unseals the pathway 321 through the opening 312.
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`60. A person of ordinary skill would correlate the rotary power
`
`transmitting member 44 with the “coupling portion” recited in the challenged
`
`claims.
`
`61.
`
`“On one axial end of the rotary power transmitting member 44, there
`
`is fixed cartridge-turning gear 47 which is driven to rotate by an unillustrated
`
`driving source.” Ex. 1006 at col. 8, ln. 5-7. “The cartridge 30 is rotated by the
`
`rotary power transmitting member 44, and thereby developing agents are
`
`replenished to the developing agent receiving port 42.” Id. at col. 8, ln. 14-16.
`
`62. The portion of the rotary power transmitting member 44 that a person
`
`of ordinary skill would correlate with the “supporting portion” recited in the
`
`challenged claims has been highlighted in red in the below reproduced Figures 6
`
`and 8(b) of Matsuoka.
`
`NY 802602V.1
`
`- 20 -
`
`21
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`
`
`
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`A person of ordinary skill would understand Figures 6 and 8(b) as depicting that
`
`engagement claw portion 443 is pushed through the central opening in the
`
`cartridge-turning gear 47, resulting in a snap-fit connection between rotary shaft
`
`portion 442 and gear 47.
`
`63. A person of ordinary skill, therefore, would have recognized that the
`
`engagement claw portion 443 is elastically displaceable in an inward direction
`
`toward the rotation axis of the cartridge 30 and elastically restorable in an outward
`
`direction away from the rotation axis of the container body.
`
`64. A person of ordinary skill in the art would also recognize that the
`
`coming-off preventing portion 444 must also be similarly elastically displaceable-
`
`restorable in order to perform its intended function. Indeed, the ‘094 patent
`
`specification is to the same effect: “By employing an elastically deformable elastic
`
`member for the parts supporting the engaging projection 3 and for the releasing
`
`NY 802602V.1
`
`- 21 -
`
`22
`
`
`
`
`
`portion 4, the locking and releasing between the driving portion 20 and the
`
`engaging projection 3 can be accomplished with a simple structure, utilizing the
`
`elastic deformation and restoration.” Ex. 1001 at col. 13, ln. 59-64.
`
`65. A person of ordinary skill would recognize that the radially outermost
`
`arms of the highlighted portions of rotary power transmitting member 44 are
`
`elastically displaceable and restorable in either radial direction.
`
`66. A person of ordinary skill would correlate the engagement claw
`
`portion 443 with the “engaging portion” recited in the challenged claims.
`
`67.
`
`“In FIGS. 8(a) and 8(b), rotary shaft portion 442 projected to the left
`
`in the drawing is connected with the cartridge-turning gear 47 through engagement
`
`claw portion 443 on the axial end portion, to be driven to rotate solidly with the
`
`gear 47.” Ex. 1006 at col. 8, ln. 29-33.
`
`68. Figure 8(b) of Matsuoka, which is reproduced below, has been
`
`highlighted in green to show the “rotational force receiving portion” recited in the
`
`challenged claims.
`
`NY 802602V.1
`
`- 22 -
`
`23
`
`
`
`
`
`
`
`A person of ordinary skill would understand that the green highlighted surfaces of
`
`the engagement claw portion 443 are in direct contact with and are driven by the
`
`rotating cartridge-turning gear 47.
`
`69. A person of ordinary skill would correlate the outwardly radially
`
`extending walls of the engagement claw portion 443 with the “locking portion”
`
`recited in the challenged claims.
`
`70.
`
`“On one axial end of the rotary power transmitting member 44, there
`
`is fixed cartridge-turning gear 47 which is driven to rotate by an unillustrated
`
`driving source. When opening closing cover 33 is opened by the rotary power
`
`transmitting member 44, developing agents contained in container main body 31 of
`
`the cartridge 30 pass through replenishment opening section 441 of the rotary
`
`power transmitting member 44 from the opening 321, and then is contained in a
`
`hopper of the developing agent receiving port 42.” Ex. 1006 at col. 8, ln. 5-13.
`
`NY 802602V.1
`
`- 23 -
`
`24
`
`
`
`
`
`71. A person of ordinary skill would correlate the coming-off preventing
`
`portion 444 with the displacing force receiving portion recited in claims 1 and 11,
`
`and with the projecting portion recited in claims 29 and 38. “At two locations on
`
`the rotary power transmitting member 44 cartridge coming-off preventing portion
`
`is provided to be projected so that it may be engaged on a detachable basis with
`
`engagement portion 328 of the fixed cover 32.” Ex. 1006 at col. 8, ln. 34-38.
`
`B. What A Person Of Ordinary Skill Would Consider Obvious
`Based On Matsuoka
`
`72. Figures 6 and 8(b) of Matsuoka, which are reproduced below with
`
`Petitioner’s highlighting, depict the printer’s developing agent receiving port 42
`
`with the cartridge 30 attached to the cartridge attaching section 41:
`
`NY 802602V.1
`
`- 24 -
`
`25
`
`
`
`
`
`A person of ordinary skill would understand Figures 6 and 8(b) as depicting that
`
`engagement claw 443 is pushed through the central opening in the turning gear 47,
`
`resulting in a snap-fit connection between rotary shaft portion 442 and gear 47.
`
`73. A person of ordinary skill would also understand that this snap-fit
`
`connection between rotary shaft portion 442 and gear 47 can be removed by
`
`squeezing together the distal ends of the engagement claw portion 443 extending
`
`through the gear 47, and withdrawing the cartridge 30 to the right of Figure 6, out
`
`of the printer’s cartridge attaching section 41.
`
`74. A person of ordinary skill in the art would be motivated to do so in
`
`order to ensure that an empty cartridge 30 could still be removed from the
`
`receiving port 42 in the event that the coming-off preventing portion 444 cannot
`
`disengage from the engagement portion 328 of the fixed cover.
`
`75. The structural composition resulting from this removal process will
`
`comprise container main body 31, fixed cover 32 and power transmitting member
`
`44 which is still engaged with the fixed cover 32 by way of coming-off preventing
`
`portion 444.
`
`76. Forming the fixed cover 32 and power transmitting member 44 using
`
`one-piece construction would be a matter of obvious engineering choice to a
`
`person of ordinary skill.
`
`NY 802602V.1
`
`- 25 -
`
`26
`
`
`
`
`
`77. Matsuoka discloses that the coming-off preventing portion 444 has the
`
`same width as the supporting portion. See Ex. 1006 at Fig. 7(b). This is the only
`
`difference between Matsuoka and claims 7 and 16 of the ‘094 patent. A device
`
`having these claimed relative dimensions would not perform differently than the
`
`prior art Matsuoka device.
`
`
`
`NY 802602V.1
`
`- 26 -
`
`27
`
`
`
`I declare that all statements made herein of my own knowledge are true and
`
`that all statements made on information and belief are believed to be true, and
`
`further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under §1001 of Title 18 of the United States Code.
`
`Dated:
`
`New York. New York
`September 24-, 2015
`
`Brian Springett, Ph.D.""
`
`NY 80Z602V.l
`
`- 27 ..
`
`28
`
`28
`
`
`
`
`
`EXHIBIT AEXHIBIT A
`
`29
`
`
`
`Dr. B. E. Springett, Fingerpost Advisers [fingerpost@juno.com] Phone: 303-530-1095
`4620, Chestnut Lane, BOULDER CO 80301-5379, USA
`
`
`
`Education
`
`Dr B. E. Springett
`
` (cid:1)
`
` 1960 - B.A. (Hons); University of Cambridge, England [Physics & Mathematics]
`(cid:1) 1963 - M. S. University of Chicago, Illinois [Physics]
`(cid:1) 1964 - M.A. University of Cambridge, England [Physics]
`(cid:1) 1966 - Ph.D. University of Chicago, Illinois [Solid State & Low Temperature Physics]
`(cid:1) CEU units from University of Chicago[(short course on Laser Beams], University of Rochester [short course in Optics &
`Lasers], and Massachusetts Institute of Technology [short course in Technology Management]
`
`Work Experience
`(cid:1) 1 year in the semiconductor industry in California (1960 – 1961) [activities included developing transistors, early
`versions of integrated circuits, and solar cells for NASA, improving manufacturing and quality control processes, and testing
`and data analysis].
`
` (cid:1)
`
` 13 years in North American university system physics departments (1961- 1974); [6 years as research assistant at U.
`of Chicago; 1 year as a post-doctoral research associate at U. of Chicago; 5 years as assistant professor at U. of Michigan; 1
`year as visiting professor at U. of Oakland, and 1 year as vi
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