UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`Willis Electric Co., Ltd.,
`
`Petitioner
`
`v.
`
`Polygroup Macau Ltd (BVI),
`
`Patent Owner
`_________________________
`
`
`
`
`
`
`
`Case Nos. IPR2017-00331 and 00332
`
`(U.S. Patent No. 9,119,495)
`_________________________
`
`SUPPLEMENTAL DECLARATION OF WILLIAM K. DURFEE, PH.D.
`IN SUPPORT OF PETITIONER’S REPLY TO PATENT OWNER’S
`RESPONSE
`
`
`
`
`
`Willis Electric Co., Ltd.
`EXHIBIT 1026
`IPR2017-00331 and 00332
`Willis v. Polygroup
`Page 1
`
`
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`Willis Electric Co., Ltd.,
`
`Petitioner
`
`v.
`
`Polygroup Macau Ltd (BVI),
`
`Patent Owner
`_________________________
`
`
`
`
`
`
`
`Case Nos. IPR2017-00331 and 00332
`
`(U.S. Patent No. 9,119,495)
`_________________________
`
`SUPPLEMENTAL DECLARATION OF WILLIAM K. DURFEE, PH.D.
`IN SUPPORT OF PETITIONER’S REPLY TO PATENT OWNER’S
`RESPONSE
`
`
`
`
`
`Willis Electric Co., Ltd.
`EXHIBIT 1026
`IPR2017-00331 and 00332
`Willis v. Polygroup
`Page 1
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`Table of Contents
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`I.
`
`Introduction ................................................................................................. 1
`
`II.
`
`Claim Construction of ‘495 Patent ............................................................... 3
`
`A.
`
`Female End ........................................................................................ 3
`
`(a)
`
`Female End .............................................................................. 3
`
`(b)
`
`Female end electrical contacts .................................................. 6
`
`B.
`
`Channel Void ..................................................................................... 9
`
`III. Claims 1-30 are rendered obvious by Chen and/or Chen in view of
`
`Geisthoff .................................................................................................... 10
`
`B.
`
`B.
`
`C.
`
`D.
`
`Chen discloses a “female end” ......................................................... 10
`
`Chen discloses a “female end” with the required contact device ...... 18
`
`Chen’s end 212 has the claimed channel void. ................................. 20
`
`Chen or Chen in view of Geisthoff teaches the claimed vertically
`extending sections ............................................................................ 24
`
`IV. The independent claims are obvious over Otto, McLeish and the
`
`knowledge of a POSA ................................................................................ 27
`
`A. Otto in view of McLeish discloses elastic elements configured to
`conduct electricity. ........................................................................... 27
`
`B.
`
`C.
`
`Otto discloses the claimed central void and corresponding contact. . 30
`
`The claimed vertically extending section is obvious over Otto
`and/or Otto in view of McLeish. ...................................................... 33
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`i
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`(a) Otto discloses the vertically extending section of the male
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`end. ........................................................................................ 33
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`(b) A POSA would be motivated to combine Otto and McLeish
`
`to reach the claimed invention. .............................................. 35
`
`V. Otto renders the dependent claims obvious. ............................................... 38
`
`A. Otto discloses the claimed “elastic elements” that are “360 degrees
`around the central void of the female end” or “at least partially
`cylindrical” (Claims 4, 6, 14 and 16)................................................ 38
`
`Otto discloses the “elastic elements” are “on the surface of” Otto’s
`post 32. ............................................................................................ 39
`
`C.
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`
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`ii
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`Willis Electric Co., Ltd.
`EXHIBIT 1026
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`I.
`
`Introduction
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`I, William K. Durfee, declare as follows:
`
`1. My name is William K. Durfee and I am over 21 years of age. I was
`
`retained on behalf of Willis Electric Co., Ltd. (“Willis Electric”) to prepare a
`
`declaration in support of their Petition for Inter Partes Review of U.S. Patent No.
`
`9,119,495 (“Petition”). My Declaration in the IPR2017-00331 was submitted on
`
`November 24, 2016 as Willis Exhibit 1002 (“November 24, 2016 Declaration”)
`
`and is incorporated herein by reference. My declaration in IPR2017-00332, which
`
`has been consolidated with proceeding IPR2017-00331, was submitted on
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`November 25, 2016 and filed by PO in this proceeding as Exhibit 2023 and is
`
`incorporated by reference.
`
`2.
`
`I have written this Reply Declaration at the request of Willis Electric
`
`Co., Ltd. (“Willis Electric”) in support of Petitioner’s Reply to Patent Owner’s
`
`Response to the Petition. All statements made herein are made of my own
`
`personal knowledge to the best of my recollection. To the extent I state an opinion
`
`requiring specialized knowledge, these statements are made based on my personal
`
`experience and/or years of experience in the field, unless otherwise specifically
`
`specified herein. If called to testify regarding these statements I could, and would
`
`do so.
`
`3.
`
`I have reviewed Patent Owner’s Response to the Petition, which
`
`Patent Owner submitted on August 25, 2017 (Exhibit 26) in the above-referenced
`
`PTAB proceeding, including all Exhibits cited therein. I have also reviewed the
`
`1
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`Willis Electric Co., Ltd.
`EXHIBIT 1026
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`following, in addition to those documents reviewed in preparing my November 24
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`and November 25, 2016 Declarations (Exhibits 1002 and 2023):
`
`i.
`
`The Oxford English Dictionary, 2nd ed. (Clarendon Press 1989)
`
`(Ex. 1042);
`
`ii.
`
`2010 Willis Electric One Plug Tree Product;
`
`iii.
`
`Exhibit 1047 WILLIS_WDNC0159289 (Oct. 5, 2010 meeting
`
`referring to 9.29 meeting and discussing another meeting
`
`between Chen and Braash on 10.5);
`
`iv. U.S. Patent USPN 5,409,403 to Falossi (Ex. 1033);
`
`v.
`
`“Puzzled by Connector Gender and I’d Like to Know...” by
`
`Ryan Winters, Product Manager, Jameco Electronics (Ex.
`
`1034).
`
`4.
`
`In general, I am informed by my background in mechanical
`
`engineering, including knowledge of various electrical connectors that can be used
`
`in mechanical products. My understanding is informed by my experience with
`
`product design and with designing and building research apparatus, both of which
`
`have included various types of mechanical and electrical connectors.
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`
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`2
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`EXHIBIT 1026
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`II. Claim Construction of ‘495 Patent
`
`A.
`
`Female End
`
`5.
`
`The PO proposes that “female end” be construed as “an end of an
`
`electrical connector having no externally exposed electrical conductors.” In the
`
`following paragraphs, I describe how this construction is incorrect.
`(a) Female End
`
`6.
`
`A POSA would understand that the “female end” claimed in the ‘495
`
`patent is an end of a trunk section that has a central void and a channel void. The
`
`independent claims state: “a female end of a second trunk section of the plurality
`
`of tree trunk sections, the female end having a central void and a channel void….”
`
`(Ex. 1001, 16:3-5 (Claim 1), 16:63-65 (Claim 11), 18:44-52 (Claim 28); see id. at
`
`17:59-66 (Claim 21) (“a female end of a trunk section of a plurality of tree trunk
`
`sections, the female end having a central void disposed within a vertically
`
`extending section…the female end also having a channel void disposed around the
`
`vertically extending section….”).)
`
`7.
`
`The specification states several times that the female end is the end of
`
`a trunk section. (Ex. 1001, 4:27-34 (“The connector system can further comprise a
`
`female end disposed on an opposite end of the first tree trunk section.”), 10:41
`
`(“female end 105 of a second tree trunk section 100”), 11:61-66 (“female end of
`
`the lowest trunk section 100”), 13:35-36 (“female end 700 of a tree trunk section
`
`100”), 14:24-25 (“female end 700 of a second tree trunk section 100”).) Several
`
`
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`3
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`EXHIBIT 1026
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`Figures of the ‘495 patent – Figures 1, 3a-c, 4a-c, 7, 8, 12a-d, 13, and 14b – also
`
`depict a “female end of a tree trunk section” (not a female end of a connector).
`
`(See, e.g., id. at 4:65-66, 5:4-5, 5:8-9, 5:12-13, 5:16-17, 5:26-27, 5:29-30, 5:47,
`
`5:53-54 (describing Figs. as depicting female end of a trunk section).) Other parts
`
`of the specification describe the female end as part of the “power distribution
`
`subsystem” of a “trunk section.” (Ex. 1001, 8:28-29 (“female end 105 of a power
`
`distribution system 305 of a tree trunk section 100”); see also id. at 3:15-16 (“the
`
`second power distribution system can comprise a female end”), 3:64-65 (“The
`
`system can further comprise a second power distribution system having a female
`
`end.”), 7:42-43 (“power distribution subsystem can comprise a female end”), 8:51-
`
`52 (“a female end 105 of a power distribution subsystem 305 of a tree trunk section
`
`100”), 10:38-39 (“female end 105 of a power distribution subsystem 305”), 11:6-7
`
`(“female end 105 of a power distribution subsystem 305 of one trunk section
`
`100”), 12:27-29 (“female end 700 of a power distribution subsystem 1205 of a tree
`
`trunk section 100”).)
`
`8.
`
`The only other claimed requirement for this female end is that it has
`
`voids. (Ex. 1001, 16:3-5 (Claim 1) (“a female end of a second trunk section of the
`
`plurality of tree trunk sections, the female end having a central void and a channel
`
`void….”), 16:63-65 (Claim 11) (same); 18:44-52 (Claim 28) (same); see id. at
`
`17:59-66 (Claim 21) (“a female end of a trunk section of a plurality of tree trunk
`
`sections, the female end having a central void disposed within a vertically
`
`
`
`
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`4
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`EXHIBIT 1026
`IPR2017-00331 and 00332
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`Page 7
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`
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`extending section…the female end also having a channel void disposed around the
`
`vertically extending section….”).) The specification confirms the female end is an
`
`end of a trunk section that has voids. (Id. at Abstract (“the female ends can have
`
`voids.”), 2:50-51 (“female end with electrical voids”), 2:57-58 (“female end can
`
`comprise a central void and a channel void”), 3:16-17 (“female end having a
`
`central void and a channel void”), 3:66 (“[T]he female end can have one or more
`
`electrical voids.”), 4:27-34 (“The connector system can further comprise a female
`
`end disposed on an opposite end of the first tree trunk section. The female end can
`
`have a central receiving void that can be located proximate the center of the female
`
`end and a channel receiving that can be substantially round and disposed axially
`
`around the central receiving void.”), 8:7-10 (“female end having a central void for
`
`receiving a first male prong of the male end and a channel void disposed around
`
`the central void for receiving a second male prong”), 8:30-31 (“female end 105 can
`
`have one or more electrical voids”), 8:33-36, 10:41 (“female end 105 of a second
`
`tree trunk section 100”),12:29-30 (“female end 105 can have a one or more of
`
`power voids”), 13:35-36 (“female end 700 of a tree trunk section 100”), 14:24-25
`
`(“female end 700 of a second tree trunk section 100”), Figs. 1, 8.)
`
`9.
`
`A POSA would understand that a trunk section does not mean an
`
`“electrical connector.” Instead, a trunk means something broader. A POSA would
`
`not view “electrical connector” as interchangeable with “trunk section.” These are
`
`different structures in the industry and as disclosed by the ‘495 patent. The
`
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`5
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`EXHIBIT 1026
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`Willis v. Polygroup
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`specification also distinguishes between the trunk section and electrical connectors
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`by disclosing “connection areas” of the trunk sections where the female and male
`
`ends of the power distribution subsystems of two trunk sections join. (Id. at 11:5-
`
`10.)
`
`10. A POSA would therefore understand that the female end is an end of a
`
`trunk section that has a central void and a channel void.
`(b) Female end electrical contacts
`
`11. Patent Owner contents that the female end must have no externally
`
`exposed electrical conductors. This is an improper narrowing of the claim element
`
`as I explain in the following paragraphs.
`
`12. The ‘495 patent claims female end with a central void contact device
`
`and a channel void contact device. A POSA would understand that the patent does
`
`not require that the female end have no externally exposed contacts. The patent
`
`claims:
`
`“a female end of a second trunk section of the plurality of tree trunk
`sections, the female end having a central void and a channel void, the
`central void having a central contact device disposed at least partially
`therein, and the channel void having a channel contact device disposed
`at least partially therein….”
`
`(Ex. 1001, 16:3-8 (Claim 1) (emphasis added); see id. at 16:63-17:1 (Claim 11)
`
`(same), 18:44-49 (Claim 28) (same); 17:59-66 (Claim 21) (similarly claimed).)
`
`The specification states the same. (Id. at 12:44-50 (“Central contact device 805 can
`
`be at least partially disposed within central receiving void 705, and can be
`
`
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`
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`6
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`designed to make electrical contact with a prong inserted into central receiving
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`void 705. Similarly, channel contact device 495 can be at least partially disposed
`
`within channel receiving void 710, and can be designed to make electrical contact
`
`with a prong inserted into channel receiving void 710.”); see also id. at 5:61-6:3,
`
`6:10-15 (disclosed embodiments not limiting).)
`
`13. A POSA would understand the term “partially” to mean “[i]n a partial
`
`way or degree, as opposed to totally; to some extent; in part; incompletely,
`
`restrictedly; partly.” (Ex. 1042, The Oxford English Dictionary, 2nd ed.
`
`(Clarendon Press 1989).) A POSA would understand “disposed at least partially
`
`therein” in the ‘495 patent to mean that the electrical contacts need not be fully or
`
`entirely within the female end. A POSA would therefore understand that a contact
`
`devices can be externally exposed.
`
`14. The Patent Owner and its expert Dr. Lebby contend that a POSA
`
`would understand that the female end of a connector does not include any
`
`externally exposed electrical conductors. (See Paper 27 at 7-12; Ex. 2004, ¶¶83-
`
`94.) This assertion is incorrect as a POSA would understand that there are many
`
`examples of female electrical connectors with exposed conductors. For example,
`
`the common light socket which accepts a screw-in bulb is an example of a female
`
`connector with exposed contacts. In fact, the prior art patent by McLeish points to
`
`the threaded light socket as a type of connector with exposed contacts. (Ex. 2024,
`
`1:15-20, 1:35-40.) Further, the first embodiment of the McLeish connector has a
`
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`7
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`female end with exposed electrical contacts (Ex. 2024, Fig. 2d), which is why the
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`fifth embodiment in McLeish (Ex. 2024, 12:51-13:28, Figs. 14-16) adds shutter
`
`556 within the female part to reduce the likelihood of electrical shock.
`
`15. The Patent Owner contends that the female end must not include
`
`externally exposed electrical conductors for safety purposes. This assertion rests on
`
`the erroneous argument that lighted trees always operate at line voltages (e.g.,
`
`110V AC in the United States).
`
`16.
`
`It is not necessary for lighted trees to operate at line voltages and a
`
`POSA would understand that a voltage converter can be inserted between the tree
`
`and the wall outlet to bring the voltages at the tree down to a level where there is
`
`no danger from live, exposed contacts. For example, the prior art patent by Otto
`
`describes a transformer in the base that converts the line voltage coming from the
`
`wall down to 36 volts or 48 volts at the tree, which is safe to touch. (Ex. 1009,
`
`24:12-16.)
`
`17. Chen also describes a power converter 192 that converts wall power
`
`down to 9 volts or 3 volts at the tree, which is appropriate for the light strings on a
`
`tree (Ex. 1007, 3:30-37) and which is safe to touch. In addition, the ‘495 patent
`
`itself states that “some embodiments can be used on low voltage systems” (Ex.
`
`1001, 8:16-17) where there is no danger from electric shock when touching
`
`exposed contacts on the female end.
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`8
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`Willis Electric Co., Ltd.
`EXHIBIT 1026
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`B. Channel Void
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`18. The PO proposes that “channel void” be construed as “a hollow or
`
`aperture disposed within a portion of the female end, which may be substantially
`
`circular, offset from the central void and configured to receive and engage a
`
`portion of the male end.” In the following paragraphs, I describe how this
`
`construction is incorrect.
`
`19. As set forth in my November 24, 2016 Declaration, a POSA would
`
`understand a channel void of the female end in the ‘495 patent to mean a space,
`
`separate from the central void. (Ex. 1002, ¶22.) A POSA would also understand the
`
`channel void to be substantially circular. (Id.)
`
`20. A POSA would understand “void” to mean empty space, an area
`
`where nothing is. A POSA would further understand that a void does not require
`
`any particular structure, or any structure at all, to surround the void in order for it
`
`to be a void. Nor does the ‘495 patent require such a structure. It states only that
`
`the channel void is a circular void that is proximate to, and disposed around, the
`
`channel void. (Ex. 1001, 2:59-61 (“the channel void can be a circular void
`
`disposed around the central void”), 8:8-9 (“a channel void disposed around the
`
`central void”), 8:42-44 (“The channel receiving void 115, therefore, can be a round
`
`or circular channel that encircles the central receiving void”).)
`
`21. As discussed above, A POSA would understand the female end to be
`
`the end of a trunk section, not a connector. The ‘495 patent claims that the female
`
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`9
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`end of the second trunk section “has” a channel void. (Ex. 1001, 16:4-5 (“the
`
`female end having a central void and a channel void” (emphasis added), 16:64-65
`
`(same), 18:45-46 (same), 17:63-64 (“the female end also having a channel void
`
`disposed around the vertically extending section” (emphasis added)).) A POSA
`
`would understand that “having” a void simply means the disclosed female end of
`
`the power distribution subsystem possesses a void. It does not require that the void
`
`must be located inside the female end. Nothing in the ‘495 patent discloses such a
`
`requirement.
`
`III. Claims 1-30 are rendered obvious by Chen and/or Chen in view of Geisthoff
`
`B. Chen discloses a “female end”
`
`22. As set forth in my November 24, 206 Declaration, Chen discloses a
`
`“female end.” (See Ex. 1002, ¶¶89-92.) The fact that the Chen structure is labeled
`
`as male does not prevent it from meeting the claimed “female end.” The parlance
`
`of male/female is interchangeable because electrical contacts are frequently nested
`
`contacts. (Id. at ¶59.) The terms female and male are relative and would not
`
`confuse a POSA. (Id.) A POSA would know that an end can be labeled male or
`
`female depending on what aspects you are looking at. For example, an end can be
`
`labeled female because another end is inserted into it, while at the same time the
`
`end can be labeled male because it contains prongs that insert into voids of the end
`
`it is receiving. Once a gender label has been applied to one end, then the other end
`
`is automatically labeled with the opposite gender. For example, the article
`
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`10
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`“Puzzled by Connector Gender and I’d Like to Know...” by Ryan Winters, Product
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`Manager, Jameco Electronics (Ex. 1034), provides examples of the long-standing
`
`inconsistency in assigning the terms “male” and “female” to certain types of
`
`connectors, most notably to barrel connectors that are similar to the connectors
`
`used in Chen. (Ex. 1034.) Thus, it is improper to focus on the male and female
`
`labels used in Chen, and instead a POSA would examine the actual structures
`
`shown in Chen.
`
`23. The invention by Falossi (US Patent 5,409,403) demonstrates the
`
`interchangeable assignment of gender labels to connectors. (Ex. 1033.) In Falossi
`
`Figure 11, male connector 352 inserts into female connector 302, while in Figure
`
`12, female connector 302 inserts into male connector 352. (Id. at Figs. 11-12
`
`(pictured below).) In Figure 12, it would also be appropriate to label 302 as the
`
`male connector and 352 as the female connector because 302 inserts into 352.
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`11
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`24. Yet another example is the invention by McLeish (Ex. 2024, US
`
`Patent 7,066,739) where Figure 3 shows what is labeled as female part 150
`
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`12
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`
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`inserting into male part 120. (Ex. 2024, Fig. 3.) Here the inventors chose to label
`
`120 as the male part because pin terminal 121 of the male part inserts into central
`
`aperture 161 of the female part. A POSA would understand, however, that the
`
`gender labels could be reversed. Figure 4c also shows a female part of the
`
`connector (Ex. 2024, 4:19-20, Fig. 4c) having electrical contacts 251-253 (id. at
`
`10:54, Fig. 4c). As seen in Figures 4a-b, the female part 250 of connector 200 is
`
`exposed and inserts into the male part 220 of connector 200. (Id. at 10:22-27, Figs
`
`4a-b.) In addition, electrical contact 253 is an external contact, as labeled in Figure
`
`4c and seen in Figures 4a-b, and 5a, below. (Id., annotated Figs. 4a-c, 5a (pictured
`
`below).)
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`13
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`(Id., annotated Figs. 4a-5a.) Similar exposed
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`electrical contacts can be seen in other female
`
`embodiments of McLeish. (See id. at 4:28-34,
`
`4:41-51, 4:59-64, 5:3-4, Figs. 6a-c, 7-8, 9a-c,
`
`12a-c, annotated Fig. 13 (pictured at right).)
`
`25. Chen discloses the claimed “female
`
`end” of a trunk section. (Ex. 1007, Figs. 8-10, 9:31-32, 9:34-36.)
`
`26. This female end in Chen includes a contact set 302 that “includes a
`
`first electrical contact 306 and a second contact 308 and defines receptacle 310.”
`
`(Ex. 1007, 12:19-22; see id. at 12:25-29 (“Second electrical contact 308 [] may be
`
`located generally at a center bottom portion of receptacle 310” and “first electrical
`
`contact 306 comprises a portion of outside surface of contact set 302.”).) Figures 8
`
`and 9 show these structures. (Id., annotated Figs. 8-9 (pictured below).)
`
`
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`14
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`Willis Electric Co., Ltd.
`EXHIBIT 1026
`IPR2017-00331 and 00332
`Willis v. Polygroup
`Page 17
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`
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`Receptacle
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`First electrical contact
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`Contact set
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`Second
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`electrical
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`
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`27. A POSA would understand that Receptacle 310 corresponds to the
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`claimed “central void” of the female end, as shown in Figures 9 and 10. (See Ex.
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`1002, ¶90; Ex. 1007, annotated Figs. 9-10 (pictured below).):
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`15
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`Willis Electric Co., Ltd.
`EXHIBIT 1026
`IPR2017-00331 and 00332
`Willis v. Polygroup
`Page 18
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`
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`28. A POSA would also understand that Chen discloses a channel void, an
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`empty space surrounding contact 306. (Ex. 1002, ¶91.) Figure 16b shows this void
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`surrounding the contact device 302. (Ex. 1007, annotated Fig. 16b (pictured
`
`below).)
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`(See also id. at 12:23-25 (outside surface of 302 is electrical contact 306).) As
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`displayed in Figs. 9 and 16b, connector 212, including contacts 306 and 308, as
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`well as the surrounding channel void, is disposed within upper end 165 of trunk
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`portion body 161. (Id. at 10:5-6, Figs. 2-4, 9, 16b.) These components are included
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`among the second power distribution subsystem. (Id. at 8:63-9:5, Fig. 4.) A POSA
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`
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`16
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`Willis Electric Co., Ltd.
`EXHIBIT 1026
`IPR2017-00331 and 00332
`Willis v. Polygroup
`Page 19
`
`
`
`
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`would understand that there must be a void surrounding circular contact 306 so that
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`a connection can be made upon assembly. Furthermore, a POSA reviewing Figure
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`16b would understand a channel void of empty space surrounds element 302 and
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`extends outwardly to the walls of trunk portion 160, and that such an arrangement
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`would include a circular channel void.
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`29. A POSA would therefore understand Chen to disclose the claimed
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`female end with a central void and channel void. PO’s claim that Chen does not
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`have the claimed female end because it includes the trunk section is not supported
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`by the ‘495 patent. First, Chen’s central void and a channel void do not need to
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`incorporate the trunk wall to meet the claims. As discussed above, the female end
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`“has” these voids and therefore meets this requirement. Second, as discussed
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`above, the ‘495 does not require that the female end be separate from the trunk
`
`section. The female end is instead claimed as being part of the trunk section. (Ex.
`
`1001, 16:3-5 (Claim 1) (“a female end of a second trunk section of the plurality of
`
`tree trunk sections, the female end having a central void and a channel void….”);
`
`16:63-65 (Claim 11) (same); 18:44-52 (Claim 28) (same); see id. at 17:59-66
`
`(Claim 21) (“a female end of a trunk section of a plurality of tree trunk sections,
`
`the female end having a central void disposed within a vertically extending
`
`section…the female end also having a channel void disposed around the vertically
`
`extending section….”), 10:41 (“female end 105 of a second tree trunk section
`
`100”), 11:61-66 (“female end of the lowest trunk section 100”), 13:35-36 (“female
`
`
`
`
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`17
`
`Willis Electric Co., Ltd.
`EXHIBIT 1026
`IPR2017-00331 and 00332
`Willis v. Polygroup
`Page 20
`
`
`
`
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`end 700 of a tree trunk section 100”), 14:24-25 (“female end 700 of a second tree
`
`trunk section 100”), see also id. at Figs. 1, 3a-c, 4a-c, 7, 8, 12a-d, 13, 14b, 4:65-66,
`
`5:4-5, 5:8-9, 5:12-13, 5:16-17, 5:26-27, 5:29-30, 5:47, 5:53-54 (describing Figs. as
`
`depicting female end of a trunk section).)
`
`B. Chen discloses a “female end” with the required contact device
`
`30. As I discussed above, a POSA would understand that the electrical
`
`contacts in the female end can have externally exposed electrical contacts. Nothing
`
`in the patent requires otherwise. Instead, the ‘495 patent expressly discloses only
`
`that these contacts are disposed “partially” within the voids:
`
`a female end of a second trunk section of the plurality of tree trunk
`
`sections, the female end having a central void and a channel void, the
`
`central void having a central contact device disposed at least partially
`
`therein…the channel void having a channel contact device disposed at
`
`least partially therein….
`
`(Ex. 1001, 16:3-11, 16:63-17:4, 17:59-18:2.) A POSA would understand this
`
`language to mean that the electrical contacts of the female end need not be
`
`disposed entirely therein.
`
`31.
`
`In any case, a POSA would understand that the central void contact
`
`device is within the central void, which PO does not dispute. Chen clearly
`
`discloses such a structure as second contact 308, teaching “Contact set 302” that
`
`
`
`
`
`18
`
`Willis Electric Co., Ltd.
`EXHIBIT 1026
`IPR2017-00331 and 00332
`Willis v. Polygroup
`Page 21
`
`
`
`
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`“includes a first electrical contact 306 and a second contact 308 and defines a
`
`receptacle 310.” (Ex. 1007, 12:19-21.) The structure identified as a receptacle 310
`
`is the central void of the female end. (See id. at Figs. 9-10, 15:10-11.)
`
`32. Chen also discloses a channel contact device 306 of end 212 that is
`
`fully within the channel void. In other words, the channel contact device in Chen is
`
`fully surrounded by the channel void empty space. Regardless, as I discussed
`
`above, a POSA would understand that the claims of the ‘495 patent dos not
`
`prohibit externally exposed electrical contacts. Nor is such a structure needed for
`
`safety as the tree could operate at low voltages that are safe to touch. A POSA
`
`would know that there are many examples of female ends with externally exposed
`
`electrical contacts.
`
`33. The Chen provisional, incorporated into Chen, also discloses electrical
`
`contacts that are not externally exposed and are instead fully within no just the
`
`voids but a structure separate from the trunk wall. (Ex. 1008, annotated Fig. 13
`
`(pictured below).)
`
`
`
`
`
`19
`
`Willis Electric Co., Ltd.
`EXHIBIT 1026
`IPR2017-00331 and 00332
`Willis v. Polygroup
`Page 22
`
`
`
`
`
`
`
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`
`
`
`C. Chen
`
`34. As I discussed above, a POSA would understand the claimed channel
`
`s end 212 has the claimed channel void.
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`void to be a hollow or aperture which may be substantially circular, offset from the
`
`central void and configured to receive and engage a portion of a male end. A
`
`POSA would understand that this void is an empty space of the female end of a
`
`power distribution subsystem that can be circular and surrounds the central void.
`
`
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`
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`20
`
`Willis Electric Co., Ltd.
`EXHIBIT 1026
`IPR2017-00331 and 00332
`Willis v. Polygroup
`Page 23
`
`
`
`
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`35. A POSA would understand the female end to be the end of a trunk
`
`section, not a connector. The ‘495 patent claims that the female end of the second
`
`trunk section has a channel void. (Ex. 1001, 16:3-5, 16:63-65, 17:59-61, 18:44-46
`
`(all independent claims claiming “the female end having a central void and a
`
`channel void”).) A POSA would understand that “having” a void does not require
`
`that the void be located inside the female end.
`
`36. A POSA would further understand that the ‘495 patent does not
`
`require any particular structure, or any structure at all, to surround the channel void
`
`for it to be a “void.” Instead, a void is an empty space, and the ‘495 patent requires
`
`only that the female end have such an empty space, which may be circular,
`
`surrounding the central void. Nothing in the ‘495 patent suggests that the female
`
`end need to have a separate structure that surrounds that empty space to make it a
`
`void. Also, the ‘495 patent expressly claims the female end as part of the trunk
`
`section. As such, the claims contradict PO’s assertion that the female end or the
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`channel void that is at least partially within the female end cannot include the trunk
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`section.
`
`37. A POSA would understand Chen to disclose the claimed channel void
`
`of the female end. Chen discloses that contact set 302 includes a first electrical
`
`contact 306 (“channel contact device”), along with a second contact 308 (“central
`
`contact device”), and defines receptacle 310 (the “central void”). (Ex. 1007, 12:21-
`
`22.) And the “first electrical contact 306 comprises a portion of outside surface of
`
`
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`21
`
`Willis Electric Co., Ltd.
`EXHIBIT 1026
`IPR2017-00331 and 00332
`Willis v. Polygroup
`Page 24
`
`
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`
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`contact set 302.” (Id. at 12:19-29; see id. at Fig. 6, 15:34-44; Ex. 1002, ¶¶89-92.)
`
`As shown in annotated Figure 16b below, a circular void or empty space surrounds
`
`electrical contact 306 that is on a portion of contact set 302 of the female end. (Ex.
`
`1007, annotated Fig. 16b (pictured below).)
`
`
`
`
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`38. As stated in my November 24, 2016 declaration, a POSA would
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`understand that such a circular void surrounding contact 306 must exist to allow a
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`connection to be made upon assembly. (Ex. 1002, ¶91.) Thus, the female end has a
`
`void. It is the circular empty space surrounding contact set 302 and created by an
`
`indented portion of the female end. Because the ‘495 does not require any
`
`particular structure to surround or act as a boundary to the channel void, there is no
`
`need to rely on the trunk section 160 to meet this element.
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`
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`22
`
`Willis Electric Co., Ltd.
`EXHIBIT 1026
`IPR2017-00331 and 00332
`Willis v. Polygroup
`Page 25
`
`
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`
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`39.
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`In any case, the Chen provisional discloses a channel void with a
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`separate structure acting as a boundary to the void, separate from the trunk wall.
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`(Ex. 1008, annotated Fig. 13 (pictured below); id. at pg. 23, ll. 20-24, ll.8.)
`
`
`
`A POSA would understand this disclosure to be walls 444 of a connector
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`surrounding the barrel contact 448, central void 452 and central contact 450.
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`
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`
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`23
`
`Willis Electric Co., Ltd.
`EXHIBIT 1026
`IPR2017-00331 and 00332
`Willis v. Polygroup
`Page 26
`
`
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`
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`D. Chen or Chen in view of Geisthoff teaches the claimed vertically
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`extending sections
`
`40. The specification does not define or disclose a “vertically extending
`
`section.” Indeed, the specification at no time discloses such a structure. A POSA
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`would therefore understand that the claim ter
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