DOCKET NO: 470515US
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL & APPEAL BOARD
`
`PATENT: 8,573,374
`
`INVENTOR: HEIKO MAGERKURTH et al.
`
`TITLE: HYDRODYNAMIC TORQUE CONVERTER
`
`TRIAL NO.: IPR2017-00442
`
`DECLARATION OF DR. STEVEN SHAW
`
`1.
`
`I, Dr. Steven Shaw, make this declaration in connection with
`
`this petition for inter partes review of U.S. Patent No. 8,573,374 (“the
`
`’374 patent,” attached as Exhibit 1101 to the petition). I am over 21
`
`years of age and otherwise competent to make this declaration.
`
`Although I am being compensated for my time in preparing this
`
`declaration, the opinions herein are my own, and I have no stake in the
`
`outcome of the inter partes review proceeding.
`
`I. QUALIFICATIONS
`A detailed record of my professional qualifications, including
`2.
`
`a list of publications, awards, and professional activities, can be found
`
`1
`
`Valeo Exhibit 1102, pg. 1
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL & APPEAL BOARD
`
`PATENT: 8,573,374
`
`INVENTOR: HEIKO MAGERKURTH et al.
`
`TITLE: HYDRODYNAMIC TORQUE CONVERTER
`
`TRIAL NO.: IPR2017-00442
`
`DECLARATION OF DR. STEVEN SHAW
`
`1.
`
`I, Dr. Steven Shaw, make this declaration in connection with
`
`this petition for inter partes review of U.S. Patent No. 8,573,374 (“the
`
`’374 patent,” attached as Exhibit 1101 to the petition). I am over 21
`
`years of age and otherwise competent to make this declaration.
`
`Although I am being compensated for my time in preparing this
`
`declaration, the opinions herein are my own, and I have no stake in the
`
`outcome of the inter partes review proceeding.
`
`I. QUALIFICATIONS
`A detailed record of my professional qualifications, including
`2.
`
`a list of publications, awards, and professional activities, can be found
`
`1
`
`Valeo Exhibit 1102, pg. 1
`
`
`
`in my curriculum vitae, which is attached as Appendix A to this
`
`declaration. I have provided testimony by deposition within the last five
`
`years in IPR2016-00502, filed against U.S. Patent No. 8,161,740.
`
`3.
`
`I am currently the Harris Professor of Mechanical and
`
`Aerospace Engineering at Florida Institute of Technology. I am on
`
`leave from Michigan State University (“MSU”), where I serve as a
`
`University Distinguished Professor of Mechanical Engineering and an
`
`Adjunct Professor of Physics and Astronomy. Additionally, I am
`
`involved in a small family business that makes hand and specialty tools
`
`for Snap-On, etc. as 49% owner, Vice President, and Board Member,
`
`although I am not involved in day-to-day operations.
`
`4.
`
`Before joining the faculty at MSU in 1984, I was an
`
`Assistant Professor in the School of Engineering at Oakland University.
`
`I also served as an Associate Professor in the Department of Mechanical
`
`Engineering at the University of Michigan during 1991-93, and have
`
`held visiting professor appointments at Cornell University, the
`
`University of Minnesota, Caltech, the University of Michigan, the
`
`University of California-Santa Barbara, and McGill University.
`
`2
`
`Valeo Exhibit 1102, pg. 2
`
`
`
`5. During the past 32 years, I have performed research
`
`relevant to the subject matter of the ’374 patent, including on dampers,
`
`rotor systems, and centrifugal pendulum vibration absorbers. I have
`
`also worked on these topics with several companies, including Ford
`
`Motor Company off and on since 1984, with Teledyne Continental
`
`Motors in 1994, with Chrysler (in its various incarnations) continually
`
`since 2006, with Honda in 2013, with Valeo starting in 2015, and with
`
`Achates Power in 2016.
`
`6. My work on this topic has included various types of
`
`fundamental studies, design assistance, and the development of
`
`experimental methods for system characterization. This work been
`
`funded by the companies noted above and by the U.S. National Science
`
`Foundation. I have also published extensively, with over 150 technical
`
`publications. Of these, approximately 25 archival journal papers and
`
`numerous conference papers relate to this topic. I have also given
`
`professional presentations on the subject at many conferences and
`
`university seminars. I have graduated 7 Ph.D. students and 8 M.S.
`
`students working in this area, and currently have one Ph.D. student in
`
`progress on this subject. My 1997 SAE Arch T. Colwell Merit Award
`
`
`
`3
`
`Valeo Exhibit 1102, pg. 3
`
`
`
`and my 2013 ASME N. O. Myklestad Award, which is “presented in
`
`recognition of a major innovative contribution to vibration engineering,”
`
`were based on my technical contributions to this topic.
`
`7.
`
`In addition, I have consultation experience with torque
`
`converters, and regularly use torque converters as an example in my
`
`classes when I teach system dynamics and vibrations.
`
`8.
`
`I hold an A.B. degree in Physics and an M.S.E. in Applied
`
`Mechanics from the University of Michigan and a Ph.D. in Theoretical
`
`and Applied Mechanics from Cornell University.
`
`9.
`
`I have used my education and experience working in the
`
`mechanical engineering field, and my understanding of the knowledge,
`
`creativity, and experience of a person having ordinary skill in the art in
`
`forming the opinions expressed in this report, as well as any other
`
`materials discussed herein.
`
`II. MATERIALS CONSIDERED
`10.
`In forming my opinions, I read and considered the ’374
`
`patent and its prosecution history, the exhibits listed in the Exhibit List
`
`filed with the petition for inter partes review of the ’374 patent, as well
`
`as any other material referenced herein.
`
`
`
`4
`
`Valeo Exhibit 1102, pg. 4
`
`
`
`III. LEGAL PRINCIPLES
`11.
` For the purposes of this declaration, I have been informed
`
`about certain aspects of patent law that are relevant to my analysis and
`
`opinions, as set forth in this section of my declaration.
`
`A. A Person Having Ordinary Skill in the Art
`12.
`I understand that the disclosure of patents and prior art
`
`references are to be viewed from the perspective of a person having
`
`ordinary skill in the art at the time of the alleged invention
`
`(“PHOSITA”). Unless I state otherwise, I provide my opinion herein
`
`from the viewpoint of a PHOSITA at the earliest alleged priority date
`
`for the ’374 patent, which I have been informed is July 4, 2008.
`
`13. The ’374 patent relates to the field of hydrodynamic torque
`
`converter designs. The particular technical issue that the ’374 patent
`
`purports to address is the arrangement of components within the torque
`
`converter to decrease the assembly space while maintaining
`
`functionality. I understand from my own work experience and
`
`conversations with engineers who work in the field of hydrodynamic
`
`torque converter design that torque converter design involves three
`
`main considerations: (1) efficient transfer of torque, (2) packaging of the
`
`torque converter parts so that the torque converter fits in the space
`5
`
`
`
`Valeo Exhibit 1102, pg. 5
`
`
`
`specified by the customer, and (3) reduction of noise, vibration, and
`
`harshness (called “NVH” in the industry) to meet or exceed customer
`
`requirements. A PHOSITA in the field of hydrodynamic torque
`
`converter design would be skilled in each of those three areas, although
`
`practically speaking, torque converters are designed by teams of
`
`engineers.
`
`14. The references that I discuss below are informative of the
`
`level of skill of a PHOSITA and are of the type that are reasonably
`
`relied upon by experts in my field to form opinions on the subject of
`
`vibration absorbers, including vibration absorbers used in
`
`hydrodynamic torque converters.
`
`15. Long before the ’374 patent application was filed, various
`
`components used to dampen and absorb vibrations in hydrodynamic
`
`torque converters were well-known.
`
`16. The ’374 patent acknowledges that combining (i) torsional
`
`vibration dampers positioned between the lock-up clutch and the output
`
`hub with (ii) turbine dampers positioned between the turbine and the
`
`output hub to damp the torsional vibrations of an internal combustion
`
`engine was known prior to the filing date. (Ex. 1101, 1:23–42.)
`
`
`
`6
`
`Valeo Exhibit 1102, pg. 6
`
`
`
`17. Torsional vibration absorbers were also well-known. (See,
`
`e.g., Ex. 1110, 2:15–20 (describing cancellers known in the art). The
`
`prior art also demonstrates that companies such as DaimlerChrysler,
`
`Mannesmann Sachs/ZF Sachs, and Carl Freudenberg were already
`
`seeking patent protection on compact torque converter designs with
`
`different damper and absorber arrangements. (Ex. 1110, Figs. 1–8,
`
`2:15–20; Ex. 1111; Ex. 1112; Ex. 1113.)
`
`18.
`
`It was also well-known in the art to arrange these
`
`components so as to reduce assembly space as much as possible. (See,
`
`e.g., Ex. 1109, 5:3–34 (teaching sharing components and benefits of
`
`reducing space); Ex. 1110, 3:9–16 (describing benefits of using existing
`
`space to decrease assembly space.)
`
`19. Based on these factors, I have concluded that a PHOSITA
`
`was sufficiently skilled in the general design of hydrodynamic torque
`
`converters and experienced in arranging their layouts to most
`
`efficiently use available space in view of the numerous ways to connect
`
`torque converter components described in the prior art.
`
`
`
`7
`
`Valeo Exhibit 1102, pg. 7
`
`
`
`B. Claim Construction
`20.
`I understand that “claim construction” is the process of
`
`determining a patent claim’s meaning. I also have been informed and
`
`understand that the proper construction of a claim term is the meaning
`
`that a PHOSITA would have given to that term.
`
`21.
`
`I understand that claims in inter partes review proceedings
`
`are to be given their broadest reasonable interpretation in light of the
`
`specification, which is what I have done when performing my analysis
`
`in this declaration. I provide comments on specific terms below.
`
`22. Torsional Vibration Absorber: Under its broadest reasonable
`
`interpretation in light of the specification, “torsional vibration absorber”
`
`means a component or device designed to absorb torsional vibrations.
`
`As described in the ’374 patent, this includes movable masses disposed
`
`on mounting parts. (Ex. 1101, 1:43–45.) Some examples of movable
`
`masses disposed on mounting parts are compensation flywheels,
`
`frequency-tuned mass-spring devices and centrifugal-force pendulums.
`
`23. Parallel: Under its broadest reasonable interpretation in
`
`light of the specification, “parallel” means “does not transfer torque
`
`generated by the engine along the power path but rotates with” the
`
`
`
`8
`
`Valeo Exhibit 1102, pg. 8
`
`
`
`other components in the power path. This is consistent with the
`
`description of parallel components in the ’374 specification and in
`
`Haller. (Ex. 1101, 5:12–16; Ex. 1110, 3:1–3.) Both documents describe
`
`absorbers that are parallel to the drivetrain such that they don’t
`
`transfer engine torque, but they do rotate with the other components in
`
`the drivetrain.
`
`24.
`
`In a pocket: Under its broadest reasonable interpretation in
`
`light of the specification, wherein the lock-up clutch is axially mounted,
`
`“in a pocket” in claim 10 means “partially in a pocket.” Claim 11
`
`specifies that the lock-up clutch is formed out of a piston, and the piston
`
`in the ’374 patent extends partially out of the pocket. Thus, in the
`
`embodiment shown, the lock-up clutch is partially in the pocket. (Ex.
`
`1101, Fig. 1.)
`
`C. Anticipation
`25.
`I understand that a patent claim is unpatentable as
`
`anticipated if a PHOSITA during the relevant timeframe would have
`
`understood a single prior art reference to teach every limitation
`
`contained in the claim. The disclosure in a reference does not have to
`
`be in the same words as the claim, but all of the requirements of the
`
`
`
`9
`
`Valeo Exhibit 1102, pg. 9
`
`
`
`claim must be described in enough detail, or necessarily implied by or
`
`inherent in the reference, to enable a POSITA looking at the reference
`
`to make and use at least one embodiment of the claimed invention.
`
`IV. THE ’374 PATENT
`26. The ’374 patent was filed as the national stage entry of
`
`PCT/DE2009/000819 on June 12, 2009 and issued November 5, 2013.
`
`27. The ’374 patent describes a torque converter that
`
`purportedly dampens vibrations well while taking up little assembly
`
`space. More particularly, the ’374 patent describes disposing multiple
`
`damper stages in series between a lock-up clutch and an output hub,
`
`with a torsional vibration damper between them. (Ex. 1101, 1:63–2:5.)
`
`28. By integrating “both damper stages in a single damper that
`
`concurrently features a torsional vibration absorber assigned to both
`
`damper stages,” the ’374 patent explains that multiple components can
`
`be shared, providing a lighter and narrower torque converter. (Ex. 1101,
`
`2:5–18.)
`
`29. The ’374 patent acknowledges that combining (i) torsional
`
`vibration dampers positioned between the lock-up clutch and the output
`
`hub and (ii) turbine dampers positioned between the turbine and the
`
`
`
`10
`
`Valeo Exhibit 1102, pg. 10
`
`
`
`output hub to damp the torsional vibrations of an internal combustion
`
`engine was known prior to the filing date. (Ex. 1101, 1:23–42.)
`
`30. The ’374 patent also acknowledges that it was known to use
`
`vibration absorbers such as centrifugal force pendulums to reduce
`
`torsional vibrations. (Ex. 1101, 1:43–50.)
`
`31. But the ’374 patent alleges that, due to restrictive assembly
`
`space specifications in motor vehicles, a torque converter that took up
`
`less assembly space while still providing sufficient vibration damping
`
`was needed. (Ex. 1101, 1:51–59.)
`
`32. The only drawing figure in the ’374 patent, reproduced below
`
`with colored annotations, depicts a hydrodynamic torque converter 1
`
`having a housing 3, an impeller 6, and a turbine 7 inside the housing 3.
`
`(Ex. 1101, 3:56–4:8.)
`
`
`
`11
`
`
`
`Valeo Exhibit 1102, pg. 11
`
`
`
`
`
`’374 Patent Figure
`
`33. Additionally, Fig. 1 shows a lock-up clutch 13 (including
`
`piston 18 in blue) mounted on the housing 3.
`
`34. When the lock-up clutch is closed, it transmits torque from
`
`an internal combustion engine to the output hub 12 (purple) via first
`
`and second damper stages 14, 15, as follows: the input 41 (yellow) to the
`
`first damper stage receives torque from the lock-up clutch. The output of
`
`
`
`12
`
`Valeo Exhibit 1102, pg. 12
`
`
`
`the first damper stage is a disk part 25 (green) that also forms a portion
`
`of the input of the second damper stage. (Ex. 1101, 4:38–40.)
`
`35. The input of the second damper stage is completed by disk
`
`part 31 (red), which also forms the mounting part for the torsional
`
`vibration absorber 17. (Ex. 1101, 5:3–5.) The output (purple) of the
`
`second damper stage is part of the output hub (purple).
`
`36.
`
` When the lock-up clutch is open, torque flows via impeller 6
`
`to the turbine 7 which is fastened to disk part 25 (green). Because disk
`
`part 25 is the input of the second damper stage, torque is transmitted
`
`through the second damper stage 15 to the output hub (purple). (Ex.
`
`1101, 4:8–16.)
`
`37. The two damper stages 14, 15 are connected by a single disk
`
`part 25 (green). (Ex. 1101, 4:38–40.) The disk part 25 forms the
`
`complete output part 34 of damper stage 14 and part of the input part
`
`35 of damper stage 15, completed by a second disk part 31 (red). (Ex.
`
`1101, 4:53–58.) The two disk parts 25 (green) and 41 (yellow) are axially
`
`spaced relative to one another by rivets 33 and accommodate flange
`
`part 36 (purple), welded to the output hub 12. (Ex. 1101, 4:58–62.)
`
`
`
`13
`
`Valeo Exhibit 1102, pg. 13
`
`
`
`38. Disk part 31 (together with 32 and 37, red) forms the
`
`mounting part 37 of the torsional vibration absorber 17, shown in Fig. 1
`
`as a centrifugal force pendulum 38. (Ex. 1101, 5:3–5.)
`
`V. Summary of Select Prior Art
`39. All the components of the ’374 claims were well-known in the
`
`art, as detailed below. Moreover, these components were arranged in
`
`the prior art in the same space-saving fashion taught by the ’374
`
`patent.
`
`1. Degler
`40. Degler describes a force transmission device optimized to
`
`reduce or cancel rotational irregularities over the entire operating range
`
`of the engine. (Ex. 1103, 3.1) Degler’s devices include hydrodynamic
`
`torque converters with at least two dampers connectable in series and a
`
`rotational-speed-adaptive vibration absorber, preferably arranged
`
`between the dampers. (Ex. 1103, 3.)
`
`41. Degler’s torque converter includes many of the same
`
`components as the ’374 patent, highlighted below. In Fig. 3 (below),
`
`rotational-speed-adaptive vibration absorber 5 is integral with primary
`
`
`1 All citations in my declaration are to the internal page numbers of the
`references.
`
`14
`
`
`
`Valeo Exhibit 1102, pg. 14
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`peed-ational-sp) The rotar 4. (Ex. nd dampepart 211 of secon 1103, 14.)
`
`
`
`
`
`adaptivve vibratiion absorrber can bbe a centrrifugal peendulum aand “doess
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`not traansmit anny torque but is suuitable forr absorbinng excitattions overr a
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`very brroad rangge.” (Ex. 11103, 3.)
`
`
`
`
`
`
`
`
`
`Deggler Fig.
`
`3
`
`
`2. Reikk
`
`
`
`
`
`
`442. Reikk is a papeer and prresentatioon distribbuted at tthe CTI
`
`
`
`
`
`
`
`
`
`Sympoosium in BBerlin, Geerman inn Decembeer, 2008.
`
`
`
`
`
`
`
`
`
`
`
`The paaper incluudes a schhematic ddrawing oof a hydroodynamic
`
`
`
`
`
`
`
`(Ex. 11066; Ex. 11007.)
`
`
`
`torque
`
`
`
`
`
`
`
`
`
`converter includding the ssame commponents
`
`
`
`
`
`
`
`sed
`and orienntations aas discuss
`
`
`
`
`
`
`
`15
`
`Valeo Exhibit 1102, pg. 15
`
`
`
`
`
`
`
`
`
`patent. the ’374 pand claaimed in
`
`
`
`
`
`(Ex. 11106, 512.)) A color vversion off this figuure from tthe prese
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ntation (EEx.
`
`
`
`1115) rrather thaan the blaack and wwhite verrsion fromm the bookk (Ex. 11006)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`is provvided for eease:
`
`
`
`
`
`As is aapparent, the figurres in Ex. 1106 andd 1115 arre identic
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`al. I use tthe
`
`
`
`coloredd figure frrom Ex. 11115 for rreference
`
`
`
`
`
`
`
`in my de
`
`
`
`. clarationn for ease.
`
`
`
`
`
`16
`
`Valeo Exhibit 1102, pg. 16
`
`
`
`VI. ANALYSIS
`43.
`It is my opinion that claims 1, 3–5, 8, 10, and 14–16 of the
`
`’374 patent are anticipated over the prior art, as detailed below. At the
`
`request of counsel, I have divided the claims into elements denoted as
`
`[a], [b], [c], etc. to correspond to the discussion of the same elements in
`
`the petition for inter partes review, as follows:
`
`Claim 1:
`
`[a] A hydrodynamic torque converter (1)
`[b] with a turbine (7) driven by an impeller (6) as well as
`housing (3)
`[c] in which a torsional vibration damper (16) with multiple
`of damper stages (14, 15),
`[d] a torsional vibration absorber (17) and
`[e] a lock-up clutch (13) are additionally installed,
`[f] wherein a first damper stage (14) and a second damper
`stage (15) are disposed between the lock-up clutch (13) and an
`output hub (12),
`[g] the second damper stage (15) is disposed between the
`turbine (7) and the output hub (12)
`[h] and the torsional vibration absorber (17) is parallel to
`both damper stages (14, 15).
`
`
`
`17
`
`Valeo Exhibit 1102, pg. 17
`
`
`
`Claim 2:
`
`The hydrodynamic torque converter (1) according to claim 1,
`wherein an input part (41) of the first damper stage (14) and an
`output part (48) of the second damper stage (15) are centered on
`one another.
`Claim 3:
`
`The hydrodynamic torque converter (1) according to claim 1,
`wherein a disk part (25) is allocated to two damper stages (14, 15)
`as one piece.
`Claim 4:
`
`[a] The hydrodynamic torque converter (1) according to
`claim 1, wherein the torsional vibration absorber (17) comprises a
`plurality of absorber masses (39), and
`[b] a mounting part (37) of the torsional vibration absorber
`(17) forms a disk part (31) of an input part (35) of the second
`damper stage (15).
`Claim 5:
`
`The hydrodynamic torque converter (1) according to claim 1,
`wherein absorber masses (39) of the torsional vibration absorber
`(17) and energy accumulators (29) of the first damper stage (14)
`disposed over the circumference are radially at the same height
`but axially spaced apart.
`
`
`
`
`18
`
`Valeo Exhibit 1102, pg. 18
`
`
`
`Claim 6:
`
`The hydrodynamic torque converter (1) according to claim 5,
`wherein a middle mounting diameter of the energy accumulators
`(29) is disposed radially outside the turbine (7).
`Claim 7:
`
`The hydrodynamic torque converter (1) according to claim 5,
`wherein the energy accumulators (29) overlap the turbine (7) at
`least partially and axially.
`Claim 8:
`
`The hydrodynamic torque converter (1) according to claim 1,
`wherein energy accumulators (27) are distributed over the
`circumference of the second damper stage (15) based on a middle
`mounting diameter radially within turbine blades (8) of the
`turbine (7).
`Claim 9:
`
`The hydrodynamic torque converter (1) according to claim 8,
`wherein the energy accumulators (27) of the second damper stage
`(15) and the turbine (7) at least partially and axially overlap.
`Claim 10:
`
` The hydrodynamic torque converter (1) according to claim 1,
`wherein the lock-up clutch (13) in a closed state is axially mounted
`in a pocket (24) formed in a housing wall (23) radially inward of
`
`
`
`19
`
`Valeo Exhibit 1102, pg. 19
`
`
`
`fastening means (9) provided on external part of the torque
`converter (1).
`Claim 11:
`
`[a] The hydrodynamic torque converter (1) according to
`claim 10, wherein the lock-up clutch (13) is formed out of a piston
`(18) centered on the output hub (12) and
`[b] mounted non-rotatably and axially displacably on the
`housing (3), and axially pressurizes a friction plate (22) that can
`be clamped between said piston and said housing (3) to develop a
`frictional engagement.
`Claim 12:
`
`The hydrodynamic torque converter (1) according to claim
`11, wherein a mounting part (37) of the torsional vibration
`absorber (17) is disposed axially between lock-up clutch (13) and
`the first damper stage (14).
`Claim 13:
`
`The hydrodynamic torque converter (1) according to claim
`12, wherein between the friction plate (22) and an input part (41)
`of the first damper stage (14) transition connections (44) are
`formed, which reach through circular segment-shaped openings
`(47) of the mounting part (37).
`
`20
`
`
`
`
`
`Valeo Exhibit 1102, pg. 20
`
`
`
`Claim 14:
`
`The hydrodynamic torque converter according to claim 1,
`wherein in the closed state of the lock-up clutch (13) the torsional
`vibration absorber (17) acts between both damper stages (14, 15).
`Claim 15:
`
`The hydrodynamic torque converter according to claim 1,
`wherein the torsional vibration absorber (17) is connected non-
`rotatably with the turbine (7).
`Claim 16:
`
`The hydrodynamic torque converter according to claim 15,
`wherein in the opened state of the lock-up clutch (13) the torsional
`vibration absorber (17) is connected non-rotatably with the
`turbine (7).
`
`A. Ground 1: Claims 1, 3–5, 8, 10, and 14–16 Are
`Anticipated By Degler
`I have been asked to assume that Degler constitutes prior
`
`44.
`
`art against the ’374 patent. With that assumption, it is my opinion that
`
`Degler anticipates claims 1, 3–5, 8, 10, and 14–16.
`
`Claim 1[a]: A hydrodynamic torque converter (1):
`45. Degler discloses hydrodynamic torque converters. (Ex. 1103,
`
`9 (“Hydrodynamic component 6 can be constructed as a hydrodynamic
`
`clutch…in a particularly advantageous embodiment, as a hydrodynamic
`
`
`
`21
`
`Valeo Exhibit 1102, pg. 21
`
`
`
`rotational-speed/torque converter…”).) Thus, it is my opinion that
`
`Degler anticipates element 1[a].
`
`Claim 1[b]: with a turbine (7) driven by an impeller (6) as
`well as housing (3)
`46. The hydrodynamic torque converter in Degler includes a
`
`turbine driven by an impeller in a housing. (Ex. 1103, 9
`
`(“Hydrodynamic component 6 comprises at least one primary wheel
`
`functioning as pump impeller P…and one secondary wheel functioning
`
`as turbine wheel T…”).) The housing is visible in the drawing figures.
`
`(Ex. 1103, Fig. 2.) Thus, it is my opinion that Degler anticipates
`
`element 1[b].
`
`Claim 1[c]: in which a torsional vibration damper (16) with
`multiple of damper stages (14, 15)
`47. Degler discloses several examples of torsional vibration
`
`dampers with multiple stages. Degler’s two damper stages (first damper
`
`3 (green) and second damper 4 (red) in Fig. 2 or Fig. 3 correspond with
`
`the first 14 and second 15 damper stages of the ’374 patent (Fig. 2
`
`shown below):
`
`
`
`22
`
`Valeo Exhibit 1102, pg. 22
`
`
`
`
`
`’374 Patentt
`
`
`
`
`
`
`
`Degller Fig. 22
`
`
`
`
`
`
`
`48. Thuss, it is myy opinion that Deggler anticiipates eleement 1[cc].
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Claim 1[dd]: a torssional viibration
`
`absorbeer (17)
`
`
`
`
`
`
`
`
`
`49. Degller teachees rotational-speedd-adaptivve vibratioon absorbbers
`
`
`
`such ass the centtrifugal ppendulumm absorbe
`
`
`
`
`
`
`
`
`
`
`
`
`
`(“A force-transmmission deevice con
`structed
`
`
`
`r shown iin Fig. 4.
`
`(Ex. 110
`
`3, 3
`
`
`
`accordingg to the
`
`
`
`ion ve vibratid-adaptivonal-speed…a rotatiomprising…inventiion…com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`absorber”); Fig. 4.) Thus, it is my opinion tthat Degller anticippates
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`elemennt 1[d].
`
`
`
`23
`
`4 C 4
`
`Valeo Exhibit 1102, pg. 23
`
`
`
`Claim 1[e]: and a lock-up clutch (13) are additionally
`installed
`50. Degler’s torque converters include a lock-up clutch. (Ex.
`
`1103, 9 (“Device 7 for bypassing hydrodynamic component 6 preferably
`
`has the form of a so-called lockup clutch…”).) Thus, it is my opinion that
`
`Degler anticipates element 1[e].
`
`Claim 1[f]: wherein a first damper stage (14) and a second
`damper stage (15) are disposed between the lock-up clutch
`(14) and an output hub (12),
`51. The ’374 patent describes two torque paths. Claim 1[f]
`
`describes the first torque path, i.e., where torque passes through both
`
`damper stages when transferred from the lock-up clutch 14 to the
`
`output hub 12.
`
`52. Degler Figs. 1c and 2 embody torque paths similar to those
`
`described in the ’374 patent. In Figs. 1c and 2, the first damper 3 acts as
`
`a standard damper and the second damper 4 acts as a turbine damper,
`
`as in the ’374 patent. (Ex. 1103, 10 (“According to figure 1c, this
`
`arrangement of the two dampers 3 and 4 connected in series in the force
`
`flow in the force flow direction as viewed between input E and output A
`
`is always connected downstream from mechanical power branch II”;
`
`Figs. 1c and 2).) This arrangement is depicted below in Fig. 1c:
`
`
`
`24
`
`Valeo Exhibit 1102, pg. 24
`
`
`
`
`53. Thus, it is my opinion that Degler anticipates element 1[f].
`
`Claim 1[g]: the second damper stage (15) is disposed
`between the turbine (7) and the output hub (12) and
`54. As noted above, the ’374 patent describes two torque paths.
`
`Claim 1[g] describes the second torque path, i.e., where torque passes
`
`through the second damper stage 15 when transferred from the turbine
`
`7 to the output hub 12.
`
`55. Degler Figs. 1c and 2 embody torque paths similar to those
`
`described in the ’374 patent. In Figs. 1c and 2, the second damper is
`
`active when the torque path is through the impeller/turbine, as in the
`
`’374 patent. (Ex. 1103, 10 (“The tie-in of hydrodynamic component 6,
`
`
`
`25
`
`Valeo Exhibit 1102, pg. 25
`
`
`
`especially with turbine wheel T, takes place here between the two
`
`dampers 3 and 4”; Figs. 1c and 2).) Thus, it is my opinion that Degler
`
`anticipates element 1[g].
`
`Claim 1[h]: the torsional vibration absorber (17) is parallel
`to both damper stages (14, 15).
`56.
`In Degler Figs. 1c and 2, the vibration absorber 5 is parallel
`
`to both damper stages because it is connected to second damper stage 4
`
`and does not transmit torque. (Ex. 1103, Fig. 2.) Thus, it is my opinion
`
`that Degler anticipates claim element 1[h].
`
`Claim 3: The hydrodynamic torque converter (1) according
`to claim 1, wherein a disk part (25) is allocated to two
`damper stages (14, 15) as one piece.
`57. Claim 3 requires that a single disk part is shared between
`
`the first and second damper stages. As shown in ’374 Fig.1, disk part 25
`
`(green) is a single component shared between both damper stages. The
`
`same relationship is depicted in Degler Fig. 2:
`
`
`
`26
`
`Valeo Exhibit 1102, pg. 26
`
`
`
`
`
`
`
`
`’3374 Pateent Fig. 11
`
`
`
`
`
`
`
`Degleer Fig. 2
`
`
`
`
`
`
`
`
`
`
`
`558. Moreeover, Deegler speccifically teeaches thhat “integgral
`
`
`
`
`
`
`
`construuction bettween priimary pa
`
`
`
`
`
`
`
`rt 21 andd seconda
`
`ry part 1
`
`6 is also
`
`
`
`possiblle.” (Ex. 11103, 13.)) Thus, it is my opiinion thaat Degler
`
`
`
`
`
`
`
`
`
`
`
`
`
`claim 33.
`
`
`
`anticipattes
`
`39),
`
`
`
`
`
`
`
`
`
`
`Claim 4[aa]: The hhydrodynnamic toorque coonverter
`(1)
`
`
`
`according to claiim 1, wheerein th
`
`
`e torsionnal vibraation
`a plural
`
`
`absorberr (17) commprises
`
`
`ity of abbsorber mmasses (
`and
`
`
`
`
`59. Degller descriibes torsioonal vibraation abssorbers wiith a
`
`
`
`
`
`Caaa 5
`
`
`
`pluraliity of absoorber masses. (Ex. 1103, 6
`
`
`
`
`
`
`
`
`
`are (“inertiall masses a
`
`
`
`
`
`27
`
`Valeo Exhibit 1102, pg. 27
`
`
`
`pendulum-mounted on the inertial-mass support device”); Fig. 4.) Thus,
`
`it is my opinion that Degler anticipates claim element 4[a].
`
`Claim 4[b]: a mounting part (37) of the torsional vibration
`absorber (17) forms a disk part (31) of an input part (35) of
`the second damper stage (15).
`60. Claim 4[b] specifies that the mounting part of the torsional
`
`vibration absorber forms an input part of the second damper stage. In
`
`Degler Fig. 3 the torsional vibration absorber is mounted on the disk
`
`input 21 of the second damper stage. (Ex. 1103, Fig. 3.) Thus, it is my
`
`opinion that Degler anticipates claim element 4[b].
`
`Claim 5: The hydrodynamic torque converter (1) according
`to claim 4, wherein absorber masses (39) of the torsional
`vibration absorber (17) and energy accumulators (29) of
`the first damper stage (14) disposed over the
`circumference are radially at the same height but axially
`spaced apart.
`61. Claim 5 specifies that the absorber masses and the springs
`
`of the first damper stage be axially spaced apart but radially at the
`
`same height, as illustrated in Fig. 1 of the ’374 patent.
`
`62. Under the broadest reasonable interpretation, this includes
`
`instances where there is overlap between the radial height of the
`
`absorber masses and the springs of the first damper stage, as shown in
`
`Degler Fig. 2:
`
`
`
`28
`
`Valeo Exhibit 1102, pg. 28
`
`
`
`
`
`’374 Patent Fig. 1
`
`
`
`
`
`
`
`Degleer Fig. 2
`
`
`
`6 Ctdsw 6
`
`
`
`
`
`Claim 8: TThe hyddrodynammic torqque conv
`
`
`
`
`
`
`
`
`o claim 1, whereein energgy accummulatorss (27) aree
`
`
`
`
`
`
`
`distributted over the circumferennce of thhe secondd dampeer
`
`
`
`
`unting dddle mouon a midstage (15) based o
`iameter
`
`radiallyy
`
`
`
`
`
`within tuurbine bllades (8)) of the tturbine ((7).
`
`
`
`
`
`
`
`erter (1)) accordiing
`
`
`
`64. Claimm 8 requiires that the midddle mountting diammeter, i.e.,,
`
`
`
`center of the springs of tthe secondd damperr, be radiaally withiin (below
`
`
`
`
`
`
`
`
`
`
`
`
`
`)
`
`
`
`the turrbine.
`
`
`
`29
`
`
`
`
`
`
`
`aim 5. ipates clagler antici63. Thuss, it is myy opinion that Deg
`
`
`
`
`
`
`
`Valeo Exhibit 1102, pg. 29
`
`
`
`
`
`
`
`
`
`
`
`e springstion of thentral port665. As shhown in ’’374 Fig. 1, the cen
`
`
`
`
`
`
`
` of
`
`
`
`the seccond dammper are mmounted bbelow thee turbine.
`
`
`
`
`
`
`
`
`
`
`
` The samme
`
`
`
`
`
`
`
`
`
`ot largely nourbine is lrelationship cann be seen in Degler (althouggh the tu
`
`
`
`
`
`
`
`
`
`
`
`ings f the sprie center ofating thews illustrated with shown)), annotat red arrow
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`of the ssecond daamper loccated beloow the turrbine:
`
`
`
`
`
`
`
`
`
`
`
`’374 Patent Fig. 1
`
`
`
`
`
`
`
`Degleer Fig. 2
`
`
`
`
`
`
`
`
`
`aim 8. ipates clagler antici66. Thuss, it is myy opinion that Deg
`
`
`
`
`
`
`
`1) verter (1que convamic torqClaim 10: The hydrodyna
`
`
`
`
`
`
`
`
`
`erein thim 1, wheaccording to clai
`e lock-u
`
`
`p clutchh (13) in aa
`
`
`
`
`
`
`
`closed staate is axxially moounted inn a pockket (24) foformed inn a
`
`
`
`
`
`housing wwall (23)) radiallyy inwardd of fasteening m
`eans (9)
`
`
`
`providedd on exteernal parrt of the
`
`
`torque cconverteer (1).
`
`
`
`30
`
`6 Cachp
`
`Valeo Exhibit 1102, pg. 30
`
`
`
`67. Claim 10 specifies that, when closed, at least the mounting
`
`portion of the lock-up clutch is axially mounted in a pocket in the
`
`housing wall radially inward of the fastening means on the housing.
`
`68. The hydrodynamic torque converter in Degler Fig. 2 has a
`
`fastening bracket (indicated by green arrow) on the housing of the
`
`torque converter for attaching the housing to a drive. (Ex. 1103, Fig. 2.)
`
`
`
`And, as shown in Fig. 2, when closed, the clutch 7 is axially mounted in
`
`a pocket formed in the housing wall radially inside of the fastening
`
`bracket. Thus, it is my opinion that Degler anticipates claim 10.
`
`Claim 14: The hydrodynamic torque converter (1)
`according to claim 1, wherein in the closed state of the
`
`
`
`31
`
`Valeo Exhibit 1102, pg. 31
`
`
`
`lock-up clutch (13) the torsional vibration absorber (17)
`acts between both damper stages (14, 15).
`69. Claim 14 requires that the torsional vibration absorber act
`
`between both damper stages when the lock-up clutch is closed.
`
`70. Degler states that its embodiments are “characterized in
`
`that the rotational-speed-adaptive vibration absorber is disposed
`
`between the dampers at least in one force-flow direction over the
`
`damper arrangement.” (Ex. 1103, 3.) Thus, it is my opinion that Degler
`
`anticipates claim 14.
`
`Claim 15: The hydrodynamic torque converter (1)
`according to claim 1, wherein the torsional vibration
`absorber (17) is connected non-rotatably with the turbine
`(7).
`71.
`
`In Degler Fig. 2 the mounting part of the rotational-speed-
`
`adaptive vibration absorber is connected indirectly
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
