DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`
`Paper No. ______
`Filed: October 9, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COSTCO WHOLESALE CORPORATION
`Petitioner
`
`v.
`
`ROBERT BOSCH LLC
`Patent Owner
`
`
`
`U.S. Patent 6,973,698
`
`DECLARATION OF DR. GREGORY W. DAVIS IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT 6,973,698
`
`
`
`
`
`
`
`
`Costco Exhibit 1013, p. 1
`
`Robert Bosch Exhibit 2013 - Page 1
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`U.S. PATENT NO. 6,973,698
`
`Paper No. ______
`Filed: October 9, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COSTCO WHOLESALE CORPORATION
`Petitioner
`
`v.
`
`ROBERT BOSCH LLC
`Patent Owner
`
`
`
`U.S. Patent 6,973,698
`
`DECLARATION OF DR. GREGORY W. DAVIS IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT 6,973,698
`
`
`
`
`
`
`
`
`Costco Exhibit 1013, p. 1
`
`Robert Bosch Exhibit 2013 - Page 1
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`
`I.
`
`INTRODUCTION
`
`
`
`I, Dr. Gregory W. Davis, hereby declare the following:
`
`1.
`
`I have been asked by counsel for Petitioner Costco Wholesale
`
`Corporation (“Costco”) to review U.S. Patent 6,973,698 (“the ‘698 patent”), to
`
`describe the skill level in the art of the ‘698 patent as of April 1, 1998, as reflected
`
`in the patents and printed publications cited below, and to analyze whether, as of
`
`not later than April 1, 1998, the conception and making of the wiper blade for
`
`motor vehicle windows claimed in the ‘698 patent required more than ordinary
`
`skill in the art or involved more than the predictable use of prior art elements
`
`according to their established functions.
`
`2.
`
`In particular, I have been asked to provide comments concerning U.S.
`
`Patent No. 3,192,551, U.S. Patent No. 4,028,770, U.S. Patent No. 4,807,326, U.S.
`
`Patent No. 5,325,564, and German Published Patent Application No. DE 2 313
`
`939.
`
`3.
`
`In performing my analysis I have considered the claims of the ‘698
`
`patent, any differences between the claimed subject matter and the prior art patents
`
`and printed publications cited below, and the level of ordinary skill in the art of the
`
`‘698 patent as of not later than April 1, 1998, which I understand is the filing date
`
`of the German application to which the ‘698 patent claims priority.
`
`
`
`Costco Exhibit 1013, p. 2
`
`Robert Bosch Exhibit 2013 - Page 2
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`
`
`
`
`DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`
`31. For example, the '770 Patent discloses:
`
`U.S. Pat. No. 3,192,551, issued July 6, 1965, discloses a
`windshield wiper blade assembly having a one-piece resilient
`backbone member or superstructure fabricated of a suitable
`resilient, metallic material and designed such that uniform wiping
`pressure is exerted along the entire length of an associated wiper
`blade by means of a wiper arm acting at a central point along the
`superstructure. The uniform wiping pressure is achieved by
`forming the wiper superstructure in a curvalinear manner with a
`radius of curvature less than that of the windshield to be traversed
`thereby, together with varying the width and/or thickness of the
`superstructure member from a maximum through the central arm
`attachment point to a minimum at the opposite ends thereof, with
`the width and/or thickness and degree of curvature being
`proportioned or correlated with the modulus of elasticity, load and
`length of the blade, so as to assure for the desired uniform wiping
`pressure.
`
`('770 Patent, Column 1, lines 6-24.)
`
`[T]he superstructure 16 is formed in a generally arcuate or
`curvalinear shape, as best seen in FIG. 1, whereby to provide a
`substantially uniform wiping pressure of the wiper blade 18
`against the associated windshield. As described in U.S. Pat. No.
`
`
`
`Costco Exhibit 1013, p. 15
`
`Robert Bosch Exhibit 2013 - Page 3
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`
`
`DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`3,192,551, which patent is incorporated by reference in the
`descriptive portion of this specification, the aforesaid uniform
`pressure may be accomplished by forming the superstructure 16
`such that it assumes a generally arcuate configuration of a
`predetermined radius in a free form or state so that as the
`superstructure 16 is moved normally toward the windshield
`surface, the opposite ends of the associated blade would make
`initial contact, with progressive contact being made by the blade
`with the windshield from the ends thereof toward the center as
`increasing pressure is applied at the center. The particular radius
`of curvature is, of course, dependent upon the length, thickness,
`width and modulus of elasticity of the material from which the
`superstructure 16 is fabricated, and for a given modulus of
`elasticity, relatively thinner or narrower sections will require
`relatively greater deflection.
`In addition
`to
`forming
`the
`superstructure
`in
`the aforesaid arcuate configuration,
`it
`is
`contemplated that the width of the body 22 thereof may be tapered
`from a maximum width at the center thereof to a minimum width
`at the opposite ends thereof
`
`('770 Patent, Column 3, lines 14-66.)
`
`
`
`
`
`
`
`Costco Exhibit 1013, p. 16
`
`Robert Bosch Exhibit 2013 - Page 4
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`A single spring support element is provided as a backbone to
`which is mounted a conventional flexible rubber wiping blade.
`Which together operate to distribute a centrally applied actuating
`arm pressure load relatively uniformly along the length of the
`wiper blade
`throughout variations
`in windshield contours
`traversed by the wiper. Preferably the resilient backbone member
`is adapted for actuating arm attachment at or near the center and is
`constructed of spring metal or other resilient material bowed with
`a free contour surface having a radius of curvature less than that of
`the windshield traversed by the wiper assembly ...
`
`Also for example (Column 3, line 63 through Column 4, line 17):
`
`With reference to FIGS. 4-6 a spring backbone element 36 of the
`type illustrated in FIGS. 2a-2c may be adapted to carry a
`conventional rubber wiping blade 37 by providing a slot 38
`extending almost throughout the length and terminating just short
`of the end 39 for accommodating a flanged rib 40 of the rubber
`blade projecting there through. The sides of the backbone may be
`sprung apart to facilitate attachment of the rubber blade 70 before
`actuating arm attachment clip 41 is secured thereto by rivets 42
`providing a permanent assembly for retaining the rubber blade 37
`in position. As shown in FIG. 5 the backbone 36a and rubber
`blade 37a have a free form circular arc curvature modified at the
`ends with somewhat less curvature, adapted to provide uniform
`contact pressure along the length of contact with a flat windshield
`43 when fully depressed by the actuating arm (not shown). The
`reduced curvature at the ends departing from a true circular arc
`
`
`
`Costco Exhibit 1013, p. 17
`
`Robert Bosch Exhibit 2013 - Page 5
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`may be required where, as in this embodiment, the parabolic sides
`terminate at each end with a finite width rather than a point. The
`theoretically proper curvature at such ends would be intermediate
`the parabolic curvature shown in FIG. 1 incident to a spring cross
`section of uniform width and thickness and the circular curvature
`shown in FIG. 2 incident to parabolic sides meeting at a point at
`either end; however, as a practical compromise the provision of a
`circular curvature terminating somewhat short of straight end
`portions has been found satisfactory due to the ability of the
`rubber wiper blade to compensate for a limited degree of
`nonuniform spring load.
`
`33. The '551 Patent also discloses having a curvature greater in the center
`
`than at the ends.
`
`As shown in FIG. 5 the backbone 36a and rubber blade 37a have a
`free form circular arc curvature modified at the ends with
`somewhat less curvature, adapted to provide uniform contact
`pressure along the length of contact with a flat windshield 43
`when fully depressed by the actuating arm (not shown). The
`reduced curvature at the ends departing from a true circular arc
`may be required where, as in this embodiment, the parabolic sides
`terminate at each end with a finite width rather than a point.
`
`('551 Patent at Column 3, Line 73 to Column 4, Line 7.)
`
`The theoretically proper curvature at such ends would be
`intermediate the parabolic curvature shown in FIG. 1 incident to a
`spring cross section of uniform width and thickness and the
`
`
`
`Costco Exhibit 1013, p. 18
`
`Robert Bosch Exhibit 2013 - Page 6
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`circular curvature shown in FIG. 2 incident to parabolic sides
`meeting at a point at either end; however, as a practical
`compromise the provision of a circular curvature terminating
`somewhat short of straight end portions has been found
`satisfactory due to the ability of the rubber wiper blade to
`compensate for a Limited degree of nonuniform spring load.
`
`('551 Patent at Column 4, Lines 8-17)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Costco Exhibit 1013, p. 19
`
`Robert Bosch Exhibit 2013 - Page 7
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Robert Bosch Exhibit 2013 - Page 8
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`This invention relates to a windscreen wiper and more particularly
`to an elongate curved backbone for a windscreen wiper which is
`of a suitably resiliently flexible material.
`
`Also for example (‘564 Patent, Column 3, Lines 61 to Column 4, Line 5):
`
`FIG. 1 is a perspective view from above of the windscreen wiper
`of the invention with the drawing being shortened for clarity of
`illustration;
`
`FIG. 2 is a side elevation of the FIG. 1 windscreen wiper shown in
`an unloaded free form condition;
`
`FIG. 3 is an end elevation of the wiper;
`
`* * *
`
`FIG. 5 illustrates the curvature requirement to which a wiper blade
`should conform to operate satisfactorily on a typically curved
`motor vehicle windscreen;
`
`41. The '564 Patent and 1992 Provisional patent application also disclose
`
`a wiper blade having an elongated wiper strip (highlighted in blue) and an
`
`elongated spring-elastic (highlighted in yellow) (‘564 Patent at Column 4, Lines
`
`The windscreen wiper of the invention is shown in FIGS. 1 to 3 to
`include a spring backbone 10 and a wiper blade 12. The backbone
`10 has a centrally located connector 14 for releasably connecting
`the wiper to a spring loaded wiper arm (not shown). The
`connector 14 could be of any suitable type. The backbone 10 has
`
`22-31):
`
`
`
`Costco Exhibit 1013, p. 23
`
`Robert Bosch Exhibit 2013 - Page 9
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`suitable attachment formations (also not shown) to ensure that the
`blade 72 (sic) is securely attached to the backbone 10.
`
`Also for example (Column 5, Lines 44-49):
`
`The wiper blade 12 is made from a suitable rubber or elastomeric
`material and in the currently preferred embodiment of the
`invention is shaped in cross section as illustrated in FIG. 3. The
`cross sectional shape of the blade 12 may, however, if required, be
`made variable at various positions in its length.
`
`Also see ‘564 Patent, Figures 1, 2, and 3:
`
`
`
`
`
`"said spring-elastic carrying element extending parallel
`b)
`to an axis of elongation of said wiper strip to distribute a
`contact force against the window over an entire length of said
`wiper strip,”
`42. The '564 Patent and 1992 Provisional patent application disclose a
`
`spring-elastic carrying element extending parallel to an axis of elongation of the
`
`wiper strip to distribute a contact force against the window over an entire length of
`
`
`
`Costco Exhibit 1013, p. 24
`
`Robert Bosch Exhibit 2013 - Page 10
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`the wiper strip. For example, the '564 Patent discloses (‘564 Patent at Column 1,
`
`Lines 16-29):
`
`According to the invention there is provided a windscreen wiper
`which includes an elongate curved backbone which is of a
`resiliently flexible material and which has a connecting formation
`at a position intermediate its length for connection to a displacing
`and force applying member, the backbone having a suitably
`varying transverse cross-sectional profile along its length and a
`suitable free-form curvature for the backbone to achieve, when it
`is pressed downwardly at the connecting formation onto a flat
`surface by a force sufficient to straighten the backbone, a force per
`unit length exerted perpendicularly to the surface which increases
`substantially from the position of the connecting formation
`towards at least one end of the backbone.
`
`And for example (‘564 Patent at Column 4, Lines 22-52):
`
`The windscreen wiper of the invention is shown in FIGS. 1 to 3 to
`include a spring backbone 10 and a wiper blade 12. The backbone
`10 has a centrally located connector 14 for releasably connecting
`the wiper to a spring loaded wiper arm (not shown). The
`connector 14 could be of any suitable type. The backbone 10 has
`suitable attachment formations (also not shown) to ensure that the
`blade 72 is securely attached to the backbone 10.
`
`The spring backbone of the wiper is preferably made from spring
`steel and tapers both in width and thickness from its centre
`towards its free ends or tips. The backbone is pre-curved
`
`
`
`Costco Exhibit 1013, p. 25
`
`Robert Bosch Exhibit 2013 - Page 11
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`longitudinally with a predetermined radius of curvature at every
`point in its length. The backbone 10 defines a plane, which is
`defined by the sheet of paper in FIG. 2. The cross section of the
`backbone is preferably rectangular but may be of any other
`suitable shape. Most importantly to the invention the thickness
`and width of the backbone 10 and its radius of curvature are
`matched at every point along the length of the backbone so that
`the backbone will provide a force per unit length distribution in a
`longitudinal direction which increases towards both tips of the
`windscreen wiper when the windscreen wiper is, in use, pressed
`downward intermediate its ends onto a flat surface, as shown in
`FIG. 1, by a force F which is equal in magnitude to the down force
`required to straighten the backbone. By straighten is meant that
`the force F must be adequate to render the wiper blade 12 fully
`functional.
`
`said wiper strip having a center section and two end
`c)
`sections, said contact force of said wiper strip being greater in
`said center section than in at least one of said two end
`sections"
`43. The '564 Patent discloses a wiper strip having a center and ends,
`
`wherein the contact force of the wiper strip is greater in the center than in at least
`
`one of the two ends. For example, the '564 Patent discloses (‘564 Patent at Column
`
`5, Lines 13-18):
`
`Equation (2) represents a situation where the force distribution
`balances the total force F. As indicated in the broad description
`above, the distribution at the ends of the backbone is a constant
`
`
`
`Costco Exhibit 1013, p. 26
`
`Robert Bosch Exhibit 2013 - Page 12
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`(B). Further, as indicated above, the loading may decrease right at
`the tips, although this is not shown in FIG. 4.
`
`Also for example (‘564 Patent at Column 9, Lines 33-35):
`
`Additionally, as indicated above, to achieve a constant angle of
`wipe of the blade 12 along its length it may be necessary to shed
`the distributed blade load at the tip portions of the wiper.
`
`
`
`
`
`
`
`44.
`
`It is my opinion that this expressly discloses decreasing the force
`
`distribution at the ends
`
`
`
` Moreover, it is my opinion that the inherent property of a wiper blade
`
`designed according to the teachings of the '564 Patent would have a force
`
`distribution that had a higher contact force in the middle than at the end when such
`
`
`
`a wiper blade is being pressed against a curved windshield.
`
` Having a force profile that is higher in the middle than at
`
`the ends is inherent property of the wiper blade that is disclosed in the '564 Patent.
`
`
`
`Costco Exhibit 1013, p. 27
`
`Robert Bosch Exhibit 2013 - Page 13
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Robert Bosch Exhibit 2013 - Page 14
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`DAVIS DECL.
`U.S. PATENT NO. 6,973,698
`view of information not presently known to me or new information presented by
`
`Robert Bosch LLC’s experts prior to the Board’s decision, I reserve the right to
`
`supplement and/or amend this declaration should additional information be brought
`
`to my attention during the course of this proceeding.
`
`64.
`
`I declare further 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
`
`
`
`I, DR. GREGORY W. DAVIS, hereby declare under the penalty of perjury that the
`
`foregoing is true and correct.
`
`Dated: __Oct. 9, 2015_______
`
`
`66721354
`
`
`
`Dr. Gregory W. Davis
`
`
`
`
`
`Costco Exhibit 1013, p. 38
`
`Robert Bosch Exhibit 2013 - Page 15
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
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