`
`WALMART’S INITIAL INVALIDITY CONTENTIONS1
`
`Exhibit A – U.S. Patent No. 5,638,853 (“Tsai 1”); Tsai 1 in view of U.S. Patent No. 4,779,635 (“Lynch”); Tsai 1 in view of
`1,449,894 (“Dial”); Tsai 1 in view of 1,502,898 (“Berg”) Prior Art Under 35 U.S.C. § 102 and/or § 103
`
`The following chart identifies prior art that anticipates under 35 U.S.C. § 102, or those disclosures can be combined to render
`
`obvious under 35 U.S.C § 103, asserted claims 1-3 of U.S. Patent No. 5,944,040 (“the ’040 Patent”).
` The application that published as Tsai 1 was filed on March 7, 1996 and was published on June 17, 1997. Therefore, Tsai 1
`qualifies as prior art at least under pre-AIA 35 U.S.C. § 102(e).
` The application that matured into Lynch was filed on August 26, 1987 and published on October 25, 1988. Therefore, Lynch
`qualifies as prior art at least under pre-AIA 35 U.S.C. § 102(b).
` The application that matured into Dial was filed on August 10, 1920 and published on March 27, 1923. Therefore, Dial
`qualifies as prior art at least under pre-AIA 35 U.S.C. § 102(b).
` The application that matured into Berg was filed on January 12, 1924 and published on July 29, 1924. Therefore, Berg
`qualifies as prior art at least under pre-AIA 35 U.S.C. § 102(b).
`Defendant serves additional charts at Exhibits B, C, D, E, and F, identifying prior art that, combined with one or more of the
`references below, also renders obvious the asserted claims.
`
`
`Claim
`No.
`
`1a
`
`Claim Element
`
`A collapsible tent
`frame, comprising;
`
`Exemplary Citations to Prior Art References
`
`To the extent the preamble is limiting, Tsai 1 discloses a collapsible tent frame. See, e.g., Tsai
`1 1:5-7 (“This invention relates to the structure of a tent, and more particularly to the structure
`which is easy to open and to close.”); `1:29-36 (“It is the primary object of the present
`invention to provide a tent structure which is Solid and strong. It is another object of the present
`invention to provide a tent structure which makes the opening and closing the tent easily. It is a
`further object of the present invention to provide a tent structure which service life is long.”);
`2:37-38 (“In operation, the tent of the present invention [sic] very easy to [sic] assembled,
`erected and folded.”).
`
`
`1 Defendant Walmart Inc.’s Contentions herein are based on its present understanding of the Asserted Claims and its present
`understanding of the claim construction positions Caravan Canopy International, Inc. (“Caravan”) appears to be using based on its
`Infringement Contentions, even though Defendant does not agree with such claim constructions.
`1
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`Claim
`No.
` 1b
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`Claim Element
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`a center pole
`constructed for
`stretching and
`sustaining a tent’s roof
`when a tent is pitched
`with the tent frame;
`
`Exemplary Citations to Prior Art References
`
`Tsai 1 discloses a center pole (head connector 7) constructed for stretching and sustaining a
`tent’s roof when a tent is pitched with the tent frame.
`
`Tsai 1 discloses “The head connector 7, as shown in FIG. 9, includes four pair of walls
`extending from one end and equally spaced from each other.” Tsai 1, 2:33-35.
`
`Tsai 1 discloses “In operation, the tent of the present invention very easy to assembled, erected
`and folded. When erecting, manually pull the four poles 1 outwardly which urge the four inter
`mediate pivot members 31 to move upwardly which rotate the rod members 3 to rotate
`upwardly and the sliding connector 6 on each pole 1 to slide upwardly along the pole 1. Upon
`the intermediate pivot members 31 have reached to the upmost, the tent is maintained in a
`stable configuration with the four poles 1 spread by the scissors-type linkages 2 and the head
`connector 7 is spread by the rod members 3 and the linkage rod members 4 in a sturdy
`position.” Tsai 1, 2:37-47 (emphasis added); Claim 1 (“a head connector pivotally coupled to
`said second end of each of said four rods”); Claim 2 (“said head connector includes four
`radially spaced recesses for receiving said second ends of said four rods therein, each of said
`recesses being defined between a pair of spaced integrally formed wall members”).
`
`If this term is determined to be a means-plus-function element, the corresponding structure for
`performing the claimed function is the head connector 7. See, e.g., Tsai 1, 2:32-35 (“The head
`connector 7, as shown in FIG. 9, includes four pair of walls extending from one end and equally
`spaced from each other. Each pair of walls defining a recess 71 therein adapted to secure rod
`connector 34.”); Fig. 9. Alternatively, the corresponding structure for performing the claimed
`function is the head connector 7 and the rod members 3. See, e.g., Tsai 1, 2:16-36.
`
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`\\
`To the extent Tsai 1 does not disclose “a center pole constructed for stretching and sustaining a
`tent’s roof when a tent is pitched with the tent frame,” Lynch discloses this feature, and a
`person of ordinary skill in the art would have been motivated to combine the teachings of Tsai 1
`with the teachings of Lynch. For example, Tsai 1’s head 7 can be modified to include Lynch’s
`extended apex portion 50. This modification is nothing other than a simple substitution of one
`known element for another to yield predictable results of collapsing the canopy frame. Lynch
`and Tsai 1 are both directed to collapsible canopy products in the same industry. It would have
`been obvious to modify the head 7 to increase head room, reduce canopy sag, and be easier to
`unfold and fold. See Tsai 1, 1:31-33; Lynch, 1:57-62; 2:15-18.
`
`Lynch discloses a center pole (apex portion 50) constructed for stretching and sustaining a
`tent’s roof when a tent is pitched with the tent frame. See, e.g., Lynch, Abstract: 3:57-63; 5:67-
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`6:3; 6:31-35; Figs. 1-2.
`
`Lynch discloses “[a] canopy structure is provided and includes framework unit and a flexible
`covering. The framework unit is formed by a plurality of upright corner members and a
`plurality of roof support members that are pivotally connected at the top ends of the corner
`members and, in an erected position, extend upwardly and inwardly to a central apex where
`they are pivotally connected to one another.” Lynch, Abstract (emphasis added).
`
`“The apex portion of the framework unit preferably includes a central post assembly that may
`be spring loaded so that it is upwardly biased against the central portion of the canopy
`covering. Further, an upper end of the central post assembly may terminate in a dome element
`thereby increasing the surface area of contact between the post assembly and the covering.”
`Lynch, 3:57-63 (emphasis added).
`
`“Roof support member 40 projects radially inwardly to apex portion 50 so that an inner or a
`first end of roof support member 40 is pivotally secured to the apex portion, as described
`below.” Lynch, 5:67-6:3 (emphasis added).
`
`“As noted above, apex portion 50 is located at an end of roof support member 40 opposite
`corner support member 22. Apex portion 50 includes a center post assembly 52 which
`includes a cross bracket 54 that provides four pairs of ears, such as ears 55.” Lynch, 6:31-35
`(emphasis added).
`
`If this term is determined to be a means-plus-function element, the corresponding structure for
`performing the claimed function is the center post assembly 50. See, e.g., Lynch, Abstract,
`5:67-6:3; 6:31-46 (“As noted above, apex portion 50 is located at an end of roof support
`member 40 opposite corner support member 22. Apex portion 50 includes a center post
`assembly 52 which includes a cross bracket 54 that provides four pairs of ears, such as ears 55.
`The end of inner telescoping member 42 of roof support member 40 is thus pivotally connected
`between a pair of ears 55 by means of a pin 56, with this end terminating in an upper dog leg
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`portion 43. Center post assembly 52 includes a post or upper member 58 that has a dome-
`shaped head 59. Upper member 58 is telescopically received in a lower member 72 that forms
`a housing for upper member 58 which is upwardly and outwardly biased by means of a spring
`74; however, member 58 includes as post 76 received in slot 77 to prevent removal from
`member 72.”); Figs. 2, 3. Alternatively, the corresponding structure for performing the claimed
`function is the center post assembly 50 and the roof support members 40. See, e.g., Lynch,
`5:30-48 (“A plurality of roof support members 40 are provided, with each roof support member
`40 extending from an upper end 32 of a respective corner post to terminate at an apex portion
`50.”); Figs. 2, 3.
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`Exemplary Citations to Prior Art References
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`
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`To the extent Tsai 1 does not disclose “a center pole constructed for stretching and sustaining a
`tent’s roof when a tent is pitched with the tent frame,” Berg discloses this feature, and a person
`of ordinary skill in the art would have been motivated to combine the teachings of Tsai 1 with
`the teachings of Berg. For example, Tsai 1’s head 7 can be modified to include Berg’s center
`7
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`pole 16. This modification is nothing other than a simple substitution of one known element for
`another to yield predictable results of collapsing the canopy frame. Berg and Tsai 1 are both
`directed to collapsible canopy products in the same industry. It would have been obvious to
`modify the head 7 to increase head room, reduce canopy sag, and be easier to unfold and fold.
`See Tsai 1, 1:31-33; Berg, 1:14-21.
`
`Berg discloses a center pole (center pole 16) constructed for stretching and sustaining a tent’s
`roof when a tent is pitched with the tent frame.
`
`Berg discloses “the corner posts are rigidly connected by a horizontally disposed cruciform
`frame composed of diagonally arranged frame bars 11, 12, 13, and 14, all of which are extended
`inwardly toward a central bushing 15 in which a center pole of comparatively short length or
`height as indicated at 16 is retained by a set bold or screw 17. When the tent is to be erected this
`center pole is extended upwardly from the bushing and secured by the set screw 17, but when
`the parts are to be bundled or wrapped, this pole is slipped 95 downwardly in the bushing, (after
`loosening the screw 17) and then may be secured in this retracted position by tightening the
`screw. Thus the pole when the tent is erected provides means for a slanting roof and when the
`tent is dismantled the pole is capable of being positioned in such manner as to reduce the size or
`length of the wrapped bundle.” Berg, 1:83-104; Fig. 2.
`
`If this term is determined to be a means-plus-function element, the corresponding structure for
`performing the claimed function is the center pole. See, e.g., Berg, 1:83-104 (“…all of which
`are extended inwardly toward a central bushing 15 in which a center pole of comparatively
`short length or height as indicated at 16 is retained by a set bold or screw 17…”); Fig. 2.
`Alternatively, the corresponding structure for performing the claimed function is the center pole
`and the diagonally arranged frame bars 11, 12, 13, 14. See, e.g., Berg, 1:83-104 (“At their
`upper ends the corner posts are rigidly connected by a horizontally disposed cruciform frame
`composed of diagonally arranged frame bars 11, 12, 13, and 14, all of which are extended
`inwardly toward a central bushing 15 in which a center pole of comparatively short length or
`height as indicated at 16 is retained by a set bold or screw 17.”); Fig. 2.
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`Claim Element
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`Exemplary Citations to Prior Art References
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`a plurality of side
`poles coupled to each
`other through a
`plurality of scissor-
`type ribs, with upper
`ends of said ribs being
`hinged to connectors
`provided at top ends of
`said side poles and
`lower ends of said ribs
`being hinged to sliders
`movably fitted over
`said side poles; and
`
`
`Further, the ’040 patent admits that it was “well known to those skilled in the art, a tent is a
`collapsible shelter of canvas or other material stretched over and sustained by a frame and is
`used for camping outdoors or as a temporary structure.” ’040 patent, 1:12-15. The ’040 patent
`also admits that the prior art collapsible tent “frame” includes a “center pole 6” that “comprises
`the connector 4 and the slide glider 5.” Id. at 1:65-66; Figs. 1, 2.
`
`Tsai 1 discloses a plurality of side poles (vertical poles 1) coupled to each other through a
`plurality of scissor-type ribs (scissors-type linkages 2) with upper ends of said ribs being hinged
`to connectors (fixed connectors 5) provided at top ends of said side poles and lower ends of said
`ribs being hinged to sliders (sliding connectors 6) moveably fitted over said side poles.
`
`Tsai 1 discloses “the structure of the present invention is composed of four vertical poles 1,
`four scissors-type linkages 2, four sets of rods 3, four linking rods 4, four fixed connectors 5
`secured on the top end of each pole 1 and four sliding connectors 6 slidably along each ploe
`[sic] 1, respectively. Each pole 1 has a fixed connector 5 at top end and a sliding connector 6
`under the fixed connector 5, as shown in FIG. 6. Each of the connectors 5 and 6 includes three
`connecting seats 51, 52, 53, 61, 62 and 63 extending outwardly and respectively. The
`connecting seats 51, 52 and 61, 62 are formed at outer ends thereof adapted to secure one
`end of each scissors-type linkage 2 by means of bolts 8 and nuts 9 to connect the poles 1
`together.” Tsai 1, 1:67-2:12 (emphasis added).
`
`Tsai 1 claims “four fixed connectors respectively coupled to said four vertically directed
`poles…; four sliding connectors respectively coupled to said four vertically directed poles…;
`four scissors-type linkages respectively coupling each of said four vertically directed poles to
`an adjacent pair thereof, each of said scissors-type linkages being pivotally coupled on
`opposing ends thereof to a respective one of said first and second outer connecting seats….”
`Tsai 1, Claim 1.
`
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`Further, the ’040 patent admits that the prior art discloses “ a collapsible tent frame which
`comprises a plurality of side pole ribs 2, with each pair of ribs 2 being coupled to each other at
`the center of them into a scissor assembly as shown in FIG. 1. The scissor assemblies of the
`side pole ribs 2 are also coupled to each other at joints 2a and are connected to four side poles 1
`at their outside ends. In such a case, the outside upper end of each scissor assembly of the ribs
`11
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`Claim Element
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`Exemplary Citations to Prior Art References
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`plurality of center pole
`ribs coupling said
`center pole to said
`connectors of the side
`poles, said center pole
`ribs individually
`comprising two rib
`members coupled to
`each other through a
`hinge joint and being
`hinged to the slider of
`an associated side pole
`through a support link,
`thus being collapsible
`at the hinge joint in
`accordance with a
`sliding motion of said
`slider along the side
`pole.
`
`2 is hinged to the top end of the side pole 1, while the outside lower end of each scissor
`assembly is hinged to a slider 7 moveably fitted over the side pole 1.” ’040 patent, 1:12-37;
`Figs. 1,2.
`Tsai 1 discloses a plurality of center pole ribs (rods 3) coupling said center pole (head connector
`7) to said connectors (fixed connectors 5) of the side pole, said center pole ribs (rods 3)
`individually comprising two rib members coupled to each other through a hinge joint (pivot
`connecting member 31) and being hinged to the slider (sliding connector 6) of an associated
`side pole through a support link (linkage 4), thus being collapsible at the hinge joint in
`accordance with a sliding motion of said slider along the side pole.
`
`Tsai 1 discloses: “Each pole 1 has a fixed connector 5 at top end and a sliding connector 6
`under the fixed connector 5, as shown in FIG. 6. Each of the connectors 5 and 6 includes three
`connecting seats 51, 52, 53, 61, 62 and 63 extending outwardly and respectively…. The other
`seats 53 and 63 are formed at center portion inbetween [sic] the seats 51, 52 and 61, 62
`respectively adapted to secure the retractable rods 3 and linkage rods 4, respectively.” Tsai 1,
`2:5-15.
`
`Tsai 1 discloses: “Each rod set 3 is formed by two rod members pivotally connected to an
`intermediate pivot connecting member 31, as shown in FIG. 7.” Tsai 1, 2:16-18; Fig. 7.
`
`Tsai 1 discloses: “The other end of the rod members are formed with another connectors 33 and
`34 and are swingly connected to the center connecting seat 53 of the fixed connector 5 and to a
`head connector 7, respectively, as shown in FIG. 9. Each linkage 4 includes two end
`connectors 41 and 43 which are connected to a connecting member 42 slidably sleeved on the
`rod member 3 and to the center connecting seat 63 of the sliding connector 6, respectively, as
`shown in FIG. 8.” Tsai 1, 2:22-32; Figs. 8, 9.
`
`Tsai 1 discloses: “In operation, the tent of the present invention very easy to assembled, erected
`and folded…. There is no need to disassemble any parts to collapse the tent. In collapsing the
`tent, all scissors-type linkages 2 are urged downwardly and all intermediate pivoting members
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`31 are manually rotated which causes the rod members 3 to pivot toward each other until each
`pair of rod members are gathered together, such result, the structure is a compact unit, as shown
`in FIGS. 10-15.” Tsai 1, 2:37-54; Figs. 10-15.
`
`Tsai 1 claims “four rods respectively coupled to said four vertically directed poles, each of said
`rods having opposing first and second ends, said first end of each said rod being pivotally
`coupled to a respective one of said first center connecting seats, each of said rods including a
`first rod member and a second rod member pivotally connected together intermediate said first
`and second ends of said rod; a head connector pivotally coupled to said second end of each of
`said four rods; and, four linking rods respectively coupled between said four rods and said four
`vertically directed poles, each of said linking rods being pivotally coupled on a first end to said
`second center connecting seat of a respective one of said sliding connectors and slidingly
`coupled to a respective one of said rods where each of said rods includes an intermediate pivot
`connecting member for pivotally coupling said first rod member to said second rod member….”
`Tsai 1, Claim 1.
`
`Further, ’040 patent admits that the prior art teaches “a plurality of center pole ribs 3” which are
`“hinged to the joints 2a of the side pole ribs 2 at the outside ends and are hinged to a center pole
`6 at the inside ends.” ’040 patent, 1:38-53.
`Tsai 1 discloses wherein said rib members (rod set 3 is formed by two rod members) have a
`substantially equal length.
`
`
`2a
`
`A collapsible tent
`frame according to
`Claim 1, wherein said
`rib members of the
`center pole ribs have a
`substantially equal
`length.
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`To the extent Tsai 1 1 does not disclose “wherein said rib members of the center pole ribs have
`a substantially equal length,” Dial discloses this feature, and a person of ordinary skill in the art
`would have been motivated to combine the teachings of Tsai 1 1 with the teachings of Dial. For
`example, Tsai 1 1’s two rod members pivotally connected at the connecting member 31 can be
`modified to include Dial’s links 12 and duplicate sections 7, 8. This modification is nothing
`other than a simple substitution of one known element for another to yield predictable results of
`collapsing the canopy frame. Tsai 1 and Dial are both directed to collapsible canopy products in
`the same industry. It would have been obvious to modify the rod members to improve
`collapsibility of the canopy frame, reduce weight of the frame, and make the frame occupy less
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`space when carried or stored. See Dial, 1:15-53; 2:4-34.
`
`Dial discloses “a tent structure 1 which in its preferred form comprises a centrally located
`standard or staff 2. This standard may be formed from any suitable material and of any desired
`length, the upper end thereof being equipped with a casting 3, which is stationarily mounted in
`any suitable manner in connection with said staff and is provided with a plurality of aperture
`outstanding ears 4. Pivotally connected with these ears are the bifurcated extremeties 5 of a
`plurality of foldable ribs 6…. Each of the ribs 6 is formed from a plurality of substantially
`duplicate sections 7 and 8, the upper ends of the sections 7 being pivotally connected to the
`ears 4, while the lower ends of said sections are suitably aperture and are positioned between
`the upper bifurcated ends 9 of a plurality of brace members 10.” Dial, 1:98-2:11 (emphasis
`added); Figs. 2-3.
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`3a
`
`A collapsible tent
`frame according to
`claim 2, further
`
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`To the extent Tsai 1 does not disclose “further comprising a claw member disposed at a lower
`end of each side pole,” Lynch discloses this feature, and a person of ordinary skill in the art
`would have been motivated to combine the teachings of Tsai 1 with the teachings of Lynch.
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`Walmart’s Initial Invalidity Contentions – Ex. A
`Caravan Canopy Int’l, Inc. v. Walmart Inc., Case No. 2:19-cv-06978-PSG-ADS
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`comprising a claw
`member disposed at a
`lower end of each side
`pole.
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`Exemplary Citations to Prior Art References
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`For example, the collapsible tent frame of Tsai 1 can be modified to include the foot 30
`disposed at the bottom end 28 of each corner support member 22. This modification is nothing
`other than a simple substitution of one known element for another to yield a predictable result.
`A person of ordinary skill in the art would know that providing a claw member disposed at a
`lower end of each side pole would provide stability to the tent frame.
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`Lynch discloses a claw member (foot 30) disposed at the lower end (bottom end 28) of each
`side pole (corner support member 22). See, e.g., Lynch, 5:23-31; Figs. 2, 4-5.
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`Lynch discloses: “Canopy framework unit 20 is adapted to rest on a support surface.
`Accordingly, each corner support member 22 terminates in a foot 30 located at the bottom
`end 28. Foot 30 rests on the support surface with each corner support member 22 being
`oriented in a generally upright, vertical position with respect to the support surface.” Lynch,
`5:23-31 (emphasis added); Figs. 2, 4-5.
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`Walmart’s Initial Invalidity Contentions – Ex. A
`Caravan Canopy Int’l, Inc. v. Walmart Inc., Case No. 2:19-cv-06978-PSG-ADS
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`Further, the ’040 patent Figures 1 and 2 show prior art references that have claw members.
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`Walmart’s Initial Invalidity Contentions – Ex. A
`Caravan Canopy Int’l, Inc. v. Walmart Inc., Case No. 2:19-cv-06978-PSG-ADS
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`Walmart’s Initial Invalidity Contentions – Ex. A
`Caravan Canopy Int’l, Inc. v. Walmart Inc., Case No. 2:19-cv-06978-PSG-ADS
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`Patent Owner CCI
`Ex. 2009 - Page 20
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