Report of Eric H. Maslen, Ph.D.
`
`
`Contents
`1. Identity of the Author ..................................................................................................2
`2. Prior Employment .......................................................................................................2
`3. Education ......................................................................................................................2
`4. Publication, Teaching, and Research .........................................................................2
`5. Compensation ...............................................................................................................2
`6. Materials Considered in Forming my Opinions ......................................................3
`7. Objectives of This Report ............................................................................................3
`8. Claim 1 of U.S. Patent No. 6,826,926 ..........................................................................3
`9. Claim 2 of U.S. Patent No. 6,826,926 ..........................................................................7
`10. Claim 11 of U.S. Patent No. 6,611,988 ........................................................................7
`11. Claim 1 of U.S. Patent No. 6,553,607 ........................................................................10
`12. Claim 1 of U.S. Patent No. 8,272,096 ........................................................................11
`13. Claim 18 of U.S. Patent No. 8,272,096 ......................................................................12
`14. Claim 21 of U.S. Patent No. 8,272,096 ......................................................................13
`15. Other Structures Described by Claim Words or Phrases ......................................14
`16. Tutorial Video on the History of Windshield Wiper Technology .........................15
`Curriculum Vitae of Eric Harvey Maslen .....................................................................16
`
`
`
`A-661
`
`Costco Exhibit 1018, p. 1
`
`

`
`1. Identity of the Author
`My name is Eric H. Maslen. I reside at 910 Ridgewood Road, Harrisonburg, Virginia
`22801. I am currently employed in the Department of Integrated Science and
`Technology of James Madison University where I have been a full professor and head of
`the department since 2010.
`2. Prior Employment
`From 1990 to 2010, I was a member of the faculty of the Department of Mechanical and
`Aerospace Engineering at the University of Virginia: an Assistant Professor from 1990 to
`1995, an Associate Professor from 1995 to 2003, and a Professor from 2003 to 2010.
`From 1986 to 1990, I was employed as a Research Assistant in the ROMAC laboratories
`(Rotating Machinery and Controls) of the Department of Mechanical and Aerospace
`Engineering at the University of Virginia. From 1984 to 1985, I was employed as Acting
`Director of Research and Development by the Container Machinery Division of the
`Koppers Company. From 1983 to 1984, I served as a secondary school educator in
`Kenya for the United States Peace Corps. From 1980 to 1983, I was employed as a
`Research and Development engineer by the Container Machinery Division of the
`Koppers Company.
`3. Education
`I received my Ph. D. degree in Mechanical and Aerospace Engineering from the
`University of Virginia in January 1991 having completed and defended my doctoral
`dissertation prior to my employment by the same university in September 1990. I
`received my Bachelor of Science degree in Mechanical Engineering from Cornell
`University in January 1980.
`4. Publication, Teaching, and Research
`I have authored 54 refereed journal articles, 108 peer reviewed conference articles, and
`five book chapters. I have also edited one book on magnetic bearings and been awarded
`six patents. During my tenure as a professor, I have taught a range of courses including
`mechanical design and control. I have received numerous professional awards, been
`invited as a visiting professor to several universities, and have been a frequent speaker at
`technical seminars including several invited keynote presentations. My curriculum vitae
`is attached hereto, and includes a list of all publications I have authored or co-authored in
`the past ten years.
`5. Compensation
`Costco Wholesale Corporation is compensating me for the time spent in preparing and
`providing my opinion in this litigation at the hourly rate of $250.00.
`
`2
`
`
`
`!
`
`A-662
`
`Costco Exhibit 1018, p. 2
`
`

`
`6. Materials Considered in Forming My Opinions
`In forming the opinions expressed in this Report, I have considered the patents and other
`published references cited in my Tutorial History of Windshield Wiper Development
`dated April 15, 2015, and the materials and experiments described below.
`7. Objectives of This Report
`I have been asked to consider the following questions:
`(1) Whether the Goodyear Hybrid windshield wiper assembly lacks one or more of
`the structural elements that are described by claims 1 and 2 of U.S. Patent No.
`6,836,926 (the “ ’926 patent”);
`(2) Whether the Goodyear Hybrid windshield wiper assembly lacks one or more of
`the structural elements that are described by claim 11 of U.S. Patent No.
`6,611,988 (the “ ’988 patent”);
`(3) Whether the Goodyear Hybrid windshield wiper assembly lacks one or more of
`the structural elements that are described by claim 1 of U.S. Patent No. 6,553,607
`(the “ ’607 patent”);
`(4) Whether the Goodyear Hybrid windshield wiper assembly lacks one or more of
`the structural elements that are described by claims 1, 18, or 21 of U.S. Patent No.
`8,272,096 (the “ ’096 patent”); and
`(5) What subject matter disclosed in the asserted patents’ specifications and drawings
`is denoted by certain words or phrases appearing in certain claims, including
`(a) “means for maintaining the clearance” (U.S. Patent No. 6,669,419 [the “ ’419
`patent”]);
`(b) “spherically curved window” (U.S. Patent No. 6,973,698 [the “ ’698 patent”]);
`(c) “support means (58, 144)” (U.S. Patent No. 7,228,588 [the “ ’588 patent”]).
`8. Claim 1 of U.S. Patent No. 6,826,926
`Claim 1 of U.S. Patent No. 6,826,926 recites (emphasis added)
`A wiper blade for windows, comprising:! at least one support element (12), a
`wiper strip (14), and a connecting device (16) for a wiper arm (18), wherein the
`support element (12) is an elongated, flat bar to which the wiper strip (14) and
`the connecting device (16) are attached, wherein the support element (12) has a
`cross sectional profile in which
`Fwf ⇥ L2
`
`48 ⇥ E ⇥ Izz
`
`< 0.009,
`
`!
`
`3
`
`A-663
`
`Costco Exhibit 1018, p. 3
`
`

`
`where Fwf is an actual contact force exerted on the wiper blade by the wiper arm
`(18) in condition when it is pressed against a window, L is a length of the support
`element (12), E is an elasticity modulus of the support element (12), and Izz is a
`moment of inertia of cross sectional profile around a z-axis perpendicular to an
`taxis[sic]1, which adapts along with the support element (12), and perpendicular to
`a y-axis, wherein the support element (12) has a substantially rectangular cross
`sectional profile (40), with a substantially constant width b and a substantially
`constant thickness d.
`Both the drawings and specification of ’926 clearly indicate that the claimed “support
`element (12)” is a pre-curved spring that is substantially rectangular in cross sectional
`profile and that is “attached” to both the claimed “connecting device (16)” and the
`claimed “wiper strip (14).” As discussed at length in the specification of ’926, the
`claimed “support element (12)” is said to distribute the concentrated force applied by the
`wiper arm to a specific load distribution along the length of the wiper strip (14). The
`patent expressly distinguishes this pre-curved flat spring support from multi-part “support
`bracket” designs like the one illustrated in U.S. Patent No. 3,418,679 to Barth (“Barth”).
`The Goodyear Hybrid product accomplishes distribution of the wiper arm load to the
`wiper strip contact through a support bracket system that consists of the main bracket,
`two pivotally mounted secondary brackets with claws, a plastic stiffener, and a metal
`stiffener contained within the plastic stiffener. All of these co-acting elements are crucial
`to accomplishing relatively uniform distribution of the wiper arm force across the length
`of the wiper strip. The mechanics of the Goodyear Hybrid wiper support system are the
`same, in principle, as the wiper support system disclosed in Barth.
`The ’926 patent proposes designing and making pre-curved, flat spring support structures
`by reference to a mathematical formula for calculating a lateral deflection angle, which is
`labeled with the Greek letter gamma in Figure 7 of the patent. Claims 1 and 2 of the ’926
`recite a mathematical formula for calculating the bending deflection of a structure having
`a substantially rectangular cross-sectional profile. The formula recited in claims 1 and 2
`of the ’926 patent could not be used to calculate the bending deflection of the support
`system of the Goodyear Hybrid product, which consists of multiple non-rectangular
`structures acting in concert.
`In common with conventional support bracket systems like the one disclosed in Barth,
`one component of the Goodyear Hybrid wiper support system is a metal stiffener that
`receives force from support brackets and distributes it along the length of a rubber wiper
`strip. This wiper strip stiffener is not “attached” to that product’s wiper arm connector as
`is, for example, the claimed “support element (12)” depicted in Figures 1, 3, and 4 of the
`’926 patent and described in the accompanying written description. In the context of a
`description of mechanical structures like those depicted and described in the ’926 patent,
`when the term “attached” is used without qualification, a person skilled in the art of
`mechanical engineering would take it to mean a relationship between two or more
`
`!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`1!Bosch asserts that “taxis” is a typographical error and should be read as “s-axis”. I have
`assumed this reading of the patent for the purpose of my discussion.!
`!
`
`4
`
`A-664
`
`Costco Exhibit 1018, p. 4
`
`

`
`distinct components where they are in contact one with another and are further joined in
`such a fashion as to preclude relative motion, as are the wiper arm connector (16), wiper
`strip (14), and support element (12) depicted in the ’926 patent.
`The metal stiffener in the Goodyear Hybrid product, and its physical relationship to other
`components in that product’s wiper support system, are accurately illustrated in the video
`file entitled “Goodyear_Orientation.mwv” which accompanies the Declaration of Daniel
`H. Kruger. This video was made under my supervision. As shown in that video file, the
`metal stiffener in the Goodyear Hybrid product slides loosely inside a plastic stiffener,
`which plastic stiffener is in turn slidingly engaged with claws of two outer support
`brackets, which outer support brackets are in turn pivotally coupled to a center support
`bracket, which center support bracket is in turn attached to a wiper arm connector, using
`“attached” in the sense stated above. This wiper support system is completely different
`from any disclosed in the ’926 patent and is, in fact, the type of wiper support system that
`the ’926 patent says the alleged invention “replaces.” The specification and drawings of
`the ’926 patent do not describe any embodiment in which a system made up of support
`brackets, claws, and stiffeners are identified as an alternative to a pre-curved flat spring
`support that eliminates the need for load balancing support brackets like those found in
`the Goodyear Hybrid product.
`A critical aspect of the wiper support described in ’926 is that the claimed “support
`element (12)” is pre-curved in order to attain the desired uniform distribution of loading
`of the wiper strip in contact with the windshield glass. See, for instance, column 4 lines
`55 through 67: “Since the dot-and-dash line 26 shown in FIG. 2 is intended to represent
`the sharpest curvature of the window surface in the vicinity of the wiping zone, it is clear
`that the curvature of the wiper blade 10, which is as yet unstressed and rests with its two
`ends against the window, is sharper than the maximal curvature of the spherically curved
`window 15. When the contact force Fwf (arrow 24) is applied, the wiper blade 10 rests
`with its wiper lip 28, which is part of the wiper strip 14, over its entire length against the
`window surface 26. This produces a tension in the band-like, spring elastic support
`element 12, which ensures a proper contact of the wiper strip 14 or rather the wiper lip 28
`over its entire length against the vehicle window 15.”
`At column 9, lines 16 through 25, the ’926 specification makes clear that this desirable
`curvature of the wiper blade 10 is created by the engineered progression of curvature (K)
`of the support element 12: “FIG. 10 depicts a possible curvature progression K of the
`support element 12, which can produce a contact force distribution p of the wiper lip 28
`against the window 15, which decreases toward the wiper blade end. With this spring
`elastic support element 12 which, when unstressed, 20 has a sharper hollow curvature
`toward the window than this window has in the vicinity of the wiping zone swept by the
`wiper blade, the curvature progression K is designed so that it is sharper in the middle
`section 36 of the support element 12 than in its end sections 38.” A simple inspection of
`the metal stiffener of the Goodyear Hybrid wiper assembly immediately reveals that it is
`straight and no different, in principle, from stiffeners used in systems like that of Barth.
`
`
`!
`
`5
`
`A-665
`
`Costco Exhibit 1018, p. 5
`
`

`
`
`
`Beyond this, the claim goes on to recite,
`wherein the support element (12) has a cross sectional profile in which
`Fwf ⇥ L2
`< 0.009,
`48 ⇥ E ⇥ Izz
`where Fwf is an actual contact force exerted on the wiper blade by the wiper arm
`(18) in condition when it is pressed against a window, L is a length of the support
`element (12), E is an elasticity modulus of the support element (12), and Izz is a
`moment of inertia of cross sectional profile around a z-axis perpendicular to an
`taxis, which adapts along with the support element (12), and perpendicular to a y-
`axis, wherein the support element (12) has a substantially rectangular cross
`sectional profile (40), with a substantially constant width b and a substantially
`constant thickness d.
`In its infringement contention, Bosch reports that Fwf = 5.52 N to 8.28 N. Measurement of
`the width of the metal stiffener, consistent with Fig. 4 of ‘926, shows that b = 9.0 mm and
`d = 0.9 mm, dimensions which also agree with those reported by Bosch in its
`infringement contention. The length of the metal stiffener element of a nominally 22 inch
`Goodyear Hybrid wiper blade assembly was measured to provide L = 552.5 mm. The
`strip is made of steel so its elastic modulus is in the range from E = 193 GPa = 193,000
`N/mm2 to E = 210 GPa = 210,000 N/mm.
`Figures 4 and 7 of the ’926 patent make clear that the “z-axis” referred to in the asserted
`claims refers to the sweep direction “Z” identified in those figures, which is generally
`parallel to the windshield. “Izz,” in mechanical engineering, denotes the second moment
`of inertia about the claimed “z-axis.” Using a measured rectangular cross section taken
`from an actual Goodyear Hybrid product, its second moment of inertia about the claimed
`z-axis (sweep direction) is2
`bd3
`
`= 0.547 mm4
`Izz =
`12
`Using this value for Izz in the formula recited by the claim along with the range of forces
`Fwf reported by Bosch gives a range of
`Fwf ⇥ L2
`
`0.306 
`48 ⇥ E ⇥ Izz  0.499
`Thus, passing over that the straight metal stiffener in the Goodyear Hybrid wiper support
`system (i) is but one component of a multi-part support bracket system, not a pre-curved
`flat spring that purportedly replaces such a support bracket system; (ii) is not attached to
`and does not even touch the wiper arm connector in the Goodyear Hybrid product; and
`(iii) does not, by itself, provide any basis for calculating the extent to which the Goodyear
`Hybrid support system bends or deflects when it is pushed or pulled by a wiper arm in the
`
`!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`2!See, for example, page 235 of Oberg et al, Machinery’s Handbook, 29th Edition,
`of inertia taken about the z-axis.”!
`!
`
`Industrial Press. The notation “Izz” is commonly understood to mean “the second moment
`
`6
`
`A-666
`
`Costco Exhibit 1018, p. 6
`
`

`
`< 0.005.
`
`z-axis direction generally parallel to a windshield, that straight metal stiffener structure,
`in any case, does not remotely satisfy the formula stated in the claim.
`Thus, I conclude that the Goodyear Hybrid product lacks one or more features that claim
`1 of the ’926 patent describes as elements of the claimed invention.
`9. Claim 2 of U.S. Patent No. 6,826,926
`Claim 2 of U.S. Patent No. 6,826,926 recites
`The wiper blade according to claim 1, wherein
`
`Fwd ⇥ L2
`48 ⇥ E ⇥ Izz
`ollowing the same analysis as for claim 1, it is clear that the Goodyear Hybrid product
`lacks one or more features that claim 2 of the ’926 patent describes as elements of the
`claimed invention. As described above, the support system in the Goodyear Hybrid
`product is a multi-component support bracket system, not a pre-curved spring having a
`substantially rectangular cross sectional profile; the bending deflection of the Goodyear
`Hybrid support system cannot be calculated with the formula recited in the claim; the
`metal stiffener that Bosch points to as supposedly being identical or equivalent to the
`claimed “support element (12)” does not, by itself, provide any basis for calculating the
`extent to which the Goodyear Hybrid support system bends or deflects when it is pushed
`or pulled by a wiper arm in the z-axis direction generally parallel to a windshield, and
`that straight metal stiffener structure, in any case, does not remotely satisfy the formula
`stated in the claim.
`10. Claim 11 of U.S. Patent No. 6,611,988
`Claim 11 of U.S. Patent No. 6,611,988 recites (emphasis added):
`A wiper blade for cleaning motor vehicle windows and glass, having an
`elongated, rubber-elastic wiper strip (16) that can be pressed against the window
`and glass (24) and that is disposed, parallel to a longitudinal axis, on one band
`face (14) of a band-shaped-elongated, spring-elastic support element (12), and a
`coupling part (20) connected to a center portion of the support element is seated
`on another band face (18) of the support element and has one hinge half, whose
`hinge axis (52) is oriented transversely to a length of the wiper blade (10),
`wherein both this hinge half and coupling means of the wiper blade are formed by
`a bearing recess (36) in the coupling part (20) and in a longitudinal direction of
`the wiper blade (10), the bearing recess (36) is disposed near one end of the
`coupling part (20), and that a thickness of the coupling part (20) between one end
`region provided with the bearing recess and another end of the coupling part is
`less, at least over a longitudinal portion (50), than an end portion of the coupling
`part that has the bearing recess.
`
`!F
`
`
`
`!
`
`7
`
`A-667
`
`Costco Exhibit 1018, p. 7
`
`

`
`The Goodyear Hybrid feature lacks multiple features that the above-quoted claim
`describes as elements of the claimed invention.
`As discussed above in connection with the discussion of the ’926 patent, which discloses
`a wiper blade assembly similar to that disclosed in the ’988 patent, the wiper support
`structure of Goodyear Hybrid product consists of multiple support brackets, pivot
`couplers, claws, and stiffeners as in conventional bracket-style wiper blade assemblies;
`these components in no way constitute a “band-shaped-elongated, spring-elastic support
`element.” The metal stiffener that Bosch characterizes as identical or equivalent to the
`claimed “support element (12)” is straight, not pre-curved, and does not obviate the need
`for the load-balancing support brackets incorporated in the Goodyear Hybrid product as
`in prior art wiper blade designs like that of Barth.
`As discussed at length in the specification of ’988, the design and manufacture of the
`support element (12) is intended to distribute the concentrated force applied by the wiper
`arm to a uniform contact load distribution along the length of the wiper strip (16). At
`column 3, lines 57 through 67 and column 4, line 1, “Since the line 26 is intended to
`represent the greatest curvature of the window surface, it is quite apparent that the
`curvature of the still-unloaded wiper blade 10 resting with both ends on the window 24 is
`greater than the maximum window curvature (FIG. 1). Under the contact pressure (arrow
`22), the wiper blade 10 presses over its full length with its wiper lip 28 against the
`window surface 26. In the process, a tension builds up in the spring-elastic, metal support
`element 12 that provides for proper contact of the wiper strip 16, or wiper lip 28, over its
`entire length with the window, as well as a uniform distribution of the contact pressure.”
`That is, the support element 12 must be pre-curved to a degree greater than the maximum
`curvature of the windshield in order to accomplish this desired uniform contact loading of
`the wiper strip. Further, ‘988 goes on to specifically distance this design and its elements
`from that of a bracket-style wiper blade at column 4, lines 1 through 4, “A wiper blade
`designed in this way is considerably shallower than a so-called support bracket frame
`wiper blade, as already noted at the outset here.”
`The Goodyear Hybrid wiper blade assembly accomplishes distribution of the wiper arm
`load to the wiper strip contact through a bracket frame mechanism that consists of the
`main bracket, pivotally mounted secondary brackets with claws, plastic stiffener, and
`metal stiffener contained within the plastic stiffener. All of these elements are crucial to
`accomplishing relatively uniform distribution of the wiper arm force across the length of
`the wiper strip. The approach taken to wiper arm force distribution in the Goodyear
`Hybrid product is entirely different from that taken by the claimed “support element
`(12).”
`The Goodyear Hybrid product also lacks the claimed “coupling part (20)” for at least the
`reason that the wiper arm connector in the Goodyear Hybrid product is not “seated on
`another band face (18) of the support element,” as the claim requires. Reproduced at
`right, below, is the sole disclosed embodiment of the claimed “coupling part (20)”;
`reproduced at left below, from Figure 3 of the ’607 patent, is a drawing of a wiper arm
`end that the claimed “coupling part (20)” is configured to fit.
`
`!
`
`8
`
`A-668
`
`Costco Exhibit 1018, p. 8
`
`

`
`
`
`As shown above and below, the claimed “coupling part (20)” has a very specific
`configuration and is, in particular, “seated on another band face (18) of the support
`element.” Both the configuration of the claimed “coupling part (20)” and the meaning of
`“seated on another band face (18)” can be seen by inspection of the figure below.
`
`
`Below is a photograph of (i) a portion of the central support bracket of the Goodyear
`Hybrid product and (ii) a two-part wiper arm connector adaptor that snaps into an
`aperture in the central support bracket.
`
`(ii) a two-part wiper arm connector adaptor
`
`(i) portion of the central support bracket
`
`
`The structure depicted at top includes a U-shaped recess into which the pin of a wiper
`arm can be pressed down or lifted up. The structure does not permit the wiper blade
`assembly to swing about the axis of the wiper arm pin, as does the claimed “coupling part
`(20)” and thus does not facilitate installation or removal as does the claimed “coupling
`part (20).” The structure at top includes a transverse rod (not visible) that snaps into the
`opening formed by the two vertically extending members in the center of the intermediate
`
`!
`
`9
`
`A-669
`
`Costco Exhibit 1018, p. 9
`
`

`
`structure depicted above. These in turn snap into an opening in the central support
`bracket depicted above. That opening is irregularly shaped with multiple surfaces in
`different planes, four of which are curving surfaces.
`The wiper arm connector structures depicted above plainly do not meet the description of
`the claimed “coupling part (20)” for they are in no way “seated on” a band-shaped-
`elongated, spring-elastic support element (12),” but rather are seated on an irregularly
`shaped central support bracket. Further, as depicted in Figure 3 of the ’988 patent, the
`claimed “coupling part (20)” includes a “hinge half” because it provides a bearing recess
`(36) into which the pin of the wiper arm is inserted to complete the hinge. By contrast,
`the U-shaped recess in the Goodyear Hybrid wiper arm adaptor forms no part of any
`“hinge.” As noted above, the Goodyear Hybrid wiper connector does not permit rotation
`or swinging about the pin of a wiper arm and thus does not permit installation or removal
`of a wiper blade assembly as does the claimed “coupling part (20).”
`11. Claim 1 of U.S. Patent No. 6,553,607
`Claim 1 of U.S. Patent No. 6,553,607 recites:
`Wiper apparatus (10) for motor vehicle windshields, with an elongated driven
`wiper arm (12) located on a motor vehicle body, movable between reversing
`positions, on a free end of said arm is fixed on one end of a cantilevered joint pin
`(56) with a joint axis (55) extending transverse to the longitudinal axis of the
`wiper arm and essentially in the direction of movement of the wiper arm, on said
`joint pin being mounted a wiper blade (14) capable of swinging about a joint axis
`(55), said blade having spaced sides with said arm lying on one of said sides the
`wiper apparatus having means for securing the wiper blade on the joint pin (56),
`characterized in that the securing means (60) are disposed on the wiper arm (12)
`and extending therefrom and that on the other side of the wiper blade (14) facing
`away from said wiper arm said means to cooperate with a stop (62, 63) located on
`the other side of the wiper blade.
`The Goodyear Hybrid wiper blade assembly does not include “an elongated driven wiper
`arm (12) located on a motor vehicle body, movable between reversing positions, on a free
`end of said arm is fixed on one end of a cantilevered joint pin (56) with a joint axis (55)
`extending transverse to the longitudinal axis of the wiper arm and essentially in the
`direction of movement of the wiper arm.” For this reason alone, the Goodyear Hybrid
`product lacks a feature that Claim 1 of the ’607 patent describes as an element of the
`claimed invention. Additionally, for the same reasons that the Goodyear Hybrid product
`lacks the ’988 patent “coupling part (20),” the Goodyear Hybrid product similarly lacks
`structure that corresponds to the ’607 patent claimed “means for securing the wiper blade
`on the joint pin,” which means include a structure (30) which is identical to the ’988
`patent claimed “coupling part (20)” and is “capable of swinging about the joint axis
`(55).”
`
`
`!
`
`10
`
`A-670
`
`Costco Exhibit 1018, p. 10
`
`

`
`12. Claim 1 of U.S. Patent No. 8,272,096
`Claim 1 of U.S. Patent No. 8,272,096 recites
`Wiper blade (10) constructed of a rubber profiled element (48) comprised of a
`wiper lip (50) and at least one support element (46) connectable to a wiper arm by
`a fixing element (14) and a connection element (22), wherein the fixing element
`(14) has a covering cap (16) and the connection element (22) fastened to the wiper
`arm secures the wiper blade (10) via a clip (52) transverse to a pivoting axis (20)
`by an end (54) of the clip (52) that is bent towards the wiper blade (10),
`characterized in that the covering cap (16) features an opening (34) for the bent
`end (54) of the clip (52) in a covering wall (38) of the cap (16) facing away from
`and being on a side of the pivoting axis (20) opposite the rubber profiled element
`(48) in a region of the connection element (22), the covering wall (38) extending
`in a direction of the pivoting axis (20), the opening being defined in a portion of
`the covering wall (38) on a side of a plane of symmetry of the wiper lip (50)
`opposite the wiper arm, the opening (34) being defined by a wall extending about
`and completely enclosing its perimeter, the clip only partially overlapping in a
`direction of the pivoting axis (20) the covering cap (16) in the mounted position.
`For the same reasons as the Goodyear Hybrid product lacks the “support element (12)”
`that the ’926 patent discloses and claims, the Goodyear Hybrid product also lacks the “at
`least one support element (46)” that the ’096 Patent discloses and claims. The Goodyear
`Hybrid product also lacks the claimed “connection element (22) fastened to the wiper
`arm” and the claimed “covering cap (16)” as described below.
`Fig. 4 of ’096 clearly illustrates that the support element (46) directly transmits forces
`applied by the wiper arm (“wiper rod 18”) to the wiper strip (48). This relationship is
`detailed in ’096 in column 4, lines 24 through 31: “The spoiler 12 has two opposing,
`inwardly open, longitudinal grooves 44 towards a rubber profiled element 48 (FIG. 4).
`These grooves each accommodate a resilient rail 46, which serve as supporting elements
`for the rubber profiled element 48. The resilient rails 46 are pre-bent in such a way that,
`under the application force of the wiper rod 18, they press the rubber profiled element 48
`with a wiper lip 50 uniformly against a vehicle window (not shown).!”
`Examination of each of the elements of the Goodyear Hybrid wiper blade assembly
`reveals that there are no parts that “are pre-bent in such a way that, under the application
`force of the wiper rod 18, they press the rubber profiled element 48 with a wiper lip 50
`uniformly against a vehicle window.” Rather, as described above, the Goodyear Hybrid
`product incorporates a multi-part support system including three support brackets, pivot
`couplers, claws, and stiffeners whose mechanics are the same as prior art wiper support
`systems like that of Barth.
`
`11
`
`
`
`!
`
`A-671
`
`Costco Exhibit 1018, p. 11
`
`

`
`The Goodyear Hybrid product also lacks the claimed “covering cap (16).” The ’096
`patent discloses only one structure that corresponds with this structure, below:
`
`
`Like the “coupling part (20)” disclosed and claimed in the ’988 patent, the above
`depicted “covering cap (16)” has a bearing recess (40) that accommodates the pin of a
`wiper arm and facilitates installation and removal of worn out wiper blades by permitting
`a wiper blade assembly to rotate about the axis of the pin and bearing recess (40). The
`Goodyear Hybrid product lacks any such feature and does not permit rotation about the
`axis of the bearing recess (40). The claimed “covering cap (16)” is configured in such a
`way that its side (32) fits over an airfoil and “connects the connecting profile 30
`harmoniously to the ends of the covering cap 16, into which the spoiler 12 is fit.” (’096 at
`column 4.) Nothing like such structure or functionality is present in the Goodyear Hybrid
`product wiper connector structures depicted above.
`The Goodyear Hybrid product also lacks the claimed “connection element (22) fastened
`to the wiper arm” with its attendant features “a clip (52)” with “an end (54) of the clip
`(52) that is bent towards the wiper blade (10).” These recitals describe features of a wiper
`arm. The Goodyear Hybrid wiper blade assembly does not include any wiper arm and
`does not incorporate any of these elements.
`13. Claim 18 of U.S. Patent No. 8,272,096
`Claim 18 of U.S. Patent No. 8,272,096 recites
`Wiper blade (10) constructed of a rubber profiled element (48) comprised of a
`wiper lip (50) and at least one support element (46) connectable to a wiper arm by
`a fixing element (14) and a connection element (22), wherein the fixing element
`(14) has a covering cap (16) and the connection element (22) fastened to the wiper
`arm secures the wiper blade (10) via a clip (52) transverse to a pivoting axis (20)
`by an end (54) of the clip (52) that is bent towards the wiper blade (10),
`characterized in that the covering cap (16) features one of an opening (34) and a
`recess for the bent end (54) of the clip (52) on a side of the cap (16) facing away
`from the rubber profiled element (48)