`
`DERRICK F. COLEMAN (SBN 170955)
` derrick@colemanfrost.com
`DAVID J. FARKAS (SBN 203821)
` david@colemanfrost.com
`COLEMAN FROST LLP
`201 Nevada Street
`El Segundo, California 90245-4211
`Telephone: (424) 277-1650
`Facsimile: (310) 648-8739
`
`JOHN R. HORVACK, JR. (Admitted Pro Hac Vice)
` JHorvackJr@carmodylaw.com
`CARMODY TORRANCE SANDAK & HENNESSEY LLP
`195 Church Street
`New Haven, Connecticut 06509-1950
`Telephone: (203) 784-3120
`Facsimile: (203) 784-3199
`
`Attorneys for Defendant and
`Counterclaimant ShelterLogic Corp.
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION
`CARAVAN CANOPY INT’L, INC., a
` CASE NO. 5:19-cv-01224-AG-ADS
`consolidated with 8:19-cv-01072-AG-ADS
`California corporation,
`
`
`Hon. Andrew J. Guilford
`
`
`
`v.
`
`INVALIDITY CONTENTIONS OF
`SHELTERLOGIC CORP., a Delaware
`SHELTERLOGIC CORP
`corporation; and DOES 1 through 10,
`
`inclusive
`
`
`
`Plaintiff,
`
`Defendants.
`
`AND RELATED CROSS-CLAIMS
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`INVALIDITY CONTENTIONS OF SHELTERLOGIC CORP
`
`1 2 3 4 5 6 7 8 9
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`10
`11
`12
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`INVALIDITY CONTENTIONS OF SHELTERLOGIC CORP.
`In accordance with the Court’s Standing Patent Rules (“S.P.R.”), the defendant and
`counterclaimant, ShelterLogic Corp. (“ShelterLogic”), respectfully submits its Invalidity Contentions
`containing the information described in S.P.R. 2.5.1 through 2.5.4.
`In particular, ShelterLogic contends that the claims of U.S. Patent No. 5,944,040 are anticipated
`by (1) Tsai, U.S. Patent No. 5,638,853 filed March 7, 1996 and issued June 17, 1997 (and/or its German
`counterpart DE 296 05 106 U1 published on May 23, 1996), and/or (2) Lynch, U.S. Patent No.
`4,947,884 issued August 14, 1990.
`In addition, ShelterLogic contends that the claims of U.S. Patent No. 5,944,040 would have been
`obvious to one of ordinary skill in the art based on:
`(1)
`Tsai, U.S. Patent No. 5,638,853 filed March 7, 1996 and issued June 17, 1997
`(and/or its German counterpart DE 296 05 106 U1 published on May 23, 1996) in
`view of Lynch, U.S. Patent No. 4,779,635;
`Tsai, U.S. Patent No. 5,638,853 filed March 7, 1996 and issued June 17, 1997
`(and/or its German counterpart DE 296 05 106 U1 published on May 23, 1996) in
`view of Lynch, U.S. Patent No. 4,947,884;
`Lynch, U.S. Patent No. 4,947,884 issued August 14, 1990 in view of Tsai, U.S.
`Patent No. 5,638,853 filed March 7, 1996 and issued June 17, 1997 (and/or its
`German counterpart DE 296 05 106 U1 published on May 23, 1996);
`Lynch, U.S. Patent No. 4,779,635 in view of Tsai, U.S. Patent No. 5,638,853 filed
`March 7, 1996 and issued June 17, 1997 (and/or its German counterpart DE 296
`05 106 U1 published on May 23, 1996); and/or
`Lynch, U.S. Patent No. 4,779,635 in view of Lynch, U.S. Patent No. 4,947,884
`issued August 14, 1990.
`Charts identifying where specifically in each alleged item of prior art each limitation of each
`claim of U.S. Patent No. 5,944,040 is found, are attached hereto as Exhibit A. In addition, where
`obviousness is alleged, the charts contain an explanation as to why the prior art renders the asserted
`claims obvious and include an identification of the prior art combinations showing obviousness. Finally,
`
`(2)
`
`(3)
`
`(4)
`
`(5)
`
`
`
`2
`INVALIDITY CONTENTIONS OF SHELTERLOGIC CORP
`
`Patent Owner CCI
`Ex. 2012 - Page 2
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`

`

`
`
`a copy of each cited prior art reference is attached as Exhibit B.
`ShelterLogic respectfully reserves the right to supplement and/or amend these Invalidity
`Contentions based upon the discovery of additional prior art and/or unanticipated construction of the
`claimed invention.
`Dated: January 21, 2020
`
`Respectfully submitted:
`
`CARMODY TORRANCE SANDAK &
`HENNESSEY LLP
`JOHN R. JORVACK, JR.
`
`
`
`
`
`
`
`
`
`Dated: January 21, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`/s/ John R. Horvack, Jr.
`Attorneys for Defendant and Counterclaimant
`ShelterLogic Corp.
`
`Respectfully submitted:
`
`COLEMAN FROST LLP
`DERRICK COLEMAN
`DAVID J. FARKAS
`
`By:
`
`/s/ David J. Farkas
`Attorneys for Defendant and Counterclaimant
`ShelterLogic Corp.
`
`
`
`3
`INVALIDITY CONTENTIONS OF SHELTERLOGIC CORP
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`EXHIBIT A
`EXHIBIT A
`
`Patent Owner CCI
`
`Ex. 2012 - Page 4
`
`Patent Owner CCI
`Ex. 2012 - Page 4
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`

`

`Anticipation by Tsai, U.S. Patent No. 5,638,853 and its German Counterpart
`
`U.S. Patent No. 5,944,040
`
`Claim 1
`
`Tsai, U.S. Patent No. 5,638,853 (Issued June 17,
`1997) and German Counterpart published as DE
`296 05 106 U1 on May 23, 1996 ("Tsai")
`
`A collapsible tent frame, comprising:
`
`"Tent Structure"
`
`a center pole
`
`Tsai teaches a "head connector" (7) as depicted in
`FIG. 5 and 9 (2:33-36), which meets the limitation
`of "center pole" if this limitation is not properly
`construed to be limited to a "long slender
`cylindrical object"
`
`In addition, this limitation is satisfied because the
`Patent-in-Suit admits that prior art tents included a
`"center strut C" (which includes a sliding cross-
`shaped connector E and a fixed cross shaped
`connector F). (See 1: 11-26 and Figs. 16 and 17)
`
`constructed for stretching and sustaining a
`tent's roof when a tent is pitched with the tent
`frame;
`
`The "head connector" (7) of Tsai is constructed to
`stretch and sustain the roof when the tent is pitched.
`(See Figs. 9, 10 and 15; and 2:33-48)
`
`a plurality of side poles
`
`In addition, this limitation is satisfied because the
`Patent-in-Suit admits that prior art tents included a
`"center strut C" constructed to stretch and sustain
`the tent's roof when pitched. (See 1: 11-26 and Figs.
`16 and 17)
`
`Tsai teaches four vertical side poles I. (I :65 to 2:2;
`Fig. 1)
`
`coupled to each other through a plurality of
`scissor-type ribs,
`
`Tsai teaches the vertical side poles 1 are coupled to
`each other by scissor type linkages 2. (2 :9-13; Fig.
`1)
`
`with upper ends of said ribs being hinged to
`connectors provided at top ends of said side
`poles and
`
`Tsai teaches that each scissor type linkage 2 has an
`upper end hinged to fixed connectors 5 at the top
`end of each side pole 1. (2:5-15; Fig. 6)
`
`lower ends of said ribs being hinged to sliders And Tsai teaches that each scissor type linkage 2
`movably fitted over said side poles; and
`has a lower end hinged to sliders 6 movably fitted
`over the side pole 1. (2:5-15; Fig. 6)
`
`a plurality of center pole ribs coupling said center
`pole to said connectors of the side poles,
`
`Tsai also teaches four rod sets 3 that couple the
`"head connector" 7 to the fixed top connectors 5 of
`the side poles 1. (2: 16-26; Fig. 7 and 9)
`
`said center pole ribs individually comprising
`two rib members coupled to each other
`
`Each rod set 3 comprises two rod members coupled
`to each other through a hinge joint 31. (2: 16-26;
`
`{N5643 l 78}
`
`Patent Owner CCI
`Ex. 2012 - Page 5
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`

`

`Anticipation by Tsai, U.S. Patent No. 5,638,853 and its German Counterpart
`
`through a hinge joint and
`
`Fig. 7 and 9)
`
`being hinged to the slider of an associated side And each rod set 3 is hinged to the slider 6 of the
`associated side pole 1 through a linkage rod 4.
`pole through a support link,
`(2:27-32; Fig. 8)
`
`thus being collapsible at the hinge joint in
`accordance with a sliding motion of said slider
`along the side pole
`
`Each rod set 3 collapses at the hinge joint with a
`sliding motion of the slide along the side pole.
`(2 :48-54; Figs. 10-15)
`
`Claim 2
`
`A collapsible tent frame according to claim 1,
`wherein
`
`said rib members of the center pole ribs have a
`substantially equal length
`
`Tsai teaches that the two rod members of each rod
`set 3 are substantially equal in length, as depicted
`in Fig. I. This is clear from Tsai because it teaches
`that the two rod members are connected to an
`"intermediate pivot connecting member 31 as
`shown in FIG. 7." (2:16-18)
`
`{N5643178}
`
`Patent Owner CCI
`Ex. 2012 - Page 6
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`

`

`Anticipation by Lynch, U.S. Patent No. 4,947,884
`
`U.S. Patent No. 5,944,040
`
`Claim 1
`
`A collapsible tent frame, comprising:
`
`a center pole
`
`Lynch, U.S. Patent No. 4,947,884 issued on
`August 14, 1990 (hereinafter "Lynch, 884 Patent")
`
`"Collapsible Canopy with Auto Erect Roof Support
`Structure"
`
`Lynch, 884 Patent teaches two alternative
`embodiments that include a center post. The center
`post of the second alternative embodiment is item
`264, as seen in Figs. 11 and 10. (8: 18-41)
`
`In addition, this limitation is satisfied because the
`Patent-in-Suit admits that prior art tents included a
`"center strut C" (which includes a sliding cross-
`shaped connector E and a fixed cross shaped
`connector F). (See l: 11-26 and Figs. 16 and 17)
`
`constructed for stretching and sustaining a
`tent's roof when a tent is pitched with the tent
`frame;
`
`Lynch, 884 Patent depicts and demonstrates that
`the center post is constructed to stretch and sustain
`the tent's roof. (Fig. 3; Fig. 8; Fig. 10)
`
`a plurality of side poles
`
`In addition, this limitation is satisfied because the
`Patent-in-Suit admits that prior art tents included a
`"center strut C" constructed to stretch and sustain
`the tent's roof when pitched. (See l: 11-26 and Figs.
`16 and 17)
`
`Lynch, 884 Patent teaches a plurality of comer
`support members (30). (5:37-47)
`
`coupled to each other through a plurality of
`scissor-type ribs,
`
`Lynch, 884 Patent teaches that each comer support
`member (30) is interconnected by a respective
`scissor assembly (50). (5:50-67; Fig .2)
`
`with upper ends of said ribs being hinged to
`connectors provided at top ends of said side
`poles and
`
`Lynch, 884 Patent teaches that the upper portion of
`each scissor assembly 50 is connected to the comer
`support members 30 at the top ends 38 thereof.
`(5:50-67; Fig. 2)
`
`lower ends of said ribs being hinged to sliders
`movably fitted over said side poles; and
`
`a plurality of center pole ribs coupling said center
`pole to said connectors of the side poles,
`
`Lynch, 884 Patent teaches also that a lower portion
`of each scissor assembly 50 is connected to a slide
`bracket 40, which is slideably received on each
`respective comer post 30. (5:50-67; Fig. 2)
`
`Lynch, 884 Patent teaches a plurality of roof
`support members 60 that couple the center post 64
`to sliding connectors 40 of the comer posts 30.
`(6:11-28; Fig. 2)
`
`{N5643215}
`
`Patent Owner CCI
`Ex. 2012 - Page 7
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`

`

`Anticipation by Lynch, U.S. Patent No. 4,947,884
`
`said center pole ribs individually comprising
`two rib members coupled to each other
`through a hinge joint and
`
`Lynch, 884 Patent teaches a second alternative
`embodiment that modifies the roof support
`members of the first embodiment shown in Figs. 7-
`9. Specifically, the roof support members (260) of
`the second embodiment comprise two members
`(261 and 262) that are coupled to each other
`through a hinge joint (270). (8:18-41; Figs. 10 and
`11)
`
`being hinged to the slider of an associated side Lynch, 884 Patent teaches that one section of the
`roof support member (261) is pivotally attached to
`pole through a support link,
`the slide bracket (240) of the comer pole. (8: 18-41;
`Figs. 10 and 11)
`
`Lynch, 884 Patent also teaches that the roof support
`thus being collapsible at the hinge joint in
`accordance with a sliding motion of said slider member is thus collapsible at the hinge joint (270)
`with a sliding motion of the slide bracket (240)
`along the side pole
`along the comer pole. (8: 18-41; Figs. 10 and 11)
`
`Claim 2
`
`A collapsible tent frame according to claim 1,
`wherein
`
`said rib members of the center pole ribs have a
`substantially equal length
`
`Claim 3
`
`A collapsible tent frame according to claim 2,
`further comprising
`
`Fig. 10 of Lynch, 884 Patent shows the roof
`support member (260) has two sections that are
`substantiallv eaual in length,
`
`a claw member disposed at a lower end of each side Lynch, 884 Patent teaches that the lower leg
`section of the comer support members terminates at
`pole
`a bottom end 36 adapted to rest on a support
`surface. (5:40-45; Fig. 2)
`
`{N5643215}
`
`Patent Owner CCI
`Ex. 2012 - Page 8
`
`

`

`Obviousness in view of U.S. Patent No. 5,638,853 and its German Counterpart combined with
`U.S. Patent No. 4,779,635 and/or U.S. Patent No. 4,947,884
`
`U.S. Patent No. 5,944,040
`
`Claim 1
`
`Tsai, U.S. Patent No. 5,638,853 (Issued June 17,
`1997) and German Counterpart published as DE
`296 05 106 Ul on May 23, 1996 ("Tsai")
`
`A collapsible tent frame, comprising:
`
`"Tent Structure"
`
`a center pole
`
`Tsai teaches a "head connector" (7) as depicted in
`FIG. 5 and 9 (2:33-36), which meets the limitation
`of "center pole" if this limitation is not properly
`construed to be limited to a "long slender
`cylindrical object"
`
`In addition, this limitation is satisfied because the
`Patent-in-Suit admits that prior art tents included a
`"center strut C" (which includes a sliding cross-
`shaped connector E and a fixed cross shaped
`connector F). (See 1: 11-26 and Figs. 16 and 17)
`
`Even if Tsai fails to meet this Jim itation because
`the limitation is properly construed to be limited to
`a "long slender cylindrical object," the prior art
`taught the use of center poles for collapsible tents.
`For example, U.S. Patent No. 4,779,635 issued to
`Lynch on Oct. 25, 1998 teaches an apex portion 50
`that includes a center post assembly 52, which
`includes a cross bracket 54 that provides four pairs
`of ears, such as ears 55. (6:33-35) Notably, the
`central post assembly 52 is vertically positioned
`along a central axis (6:47-49) and during
`prosecution of the Patent-in-Suit, the U.S.
`Examiner found that Lynch satisfied this limitation
`and the applicant did not disagree.
`
`Likewise U.S. Patent No. 4,947,884 issued to
`Lynch on August 14, 1990, also teaches two
`embodiments both of which include a center post.
`For example, the center post of the second
`alternative embodiment is 264, as seen in Figs.11
`and 10. (8:18-41)
`
`Thus, it would have been obvious to the person of
`ordinary skill in the art to substitute the head
`connector of Tsai with the center post assembly of
`Lynch, 635 and/or the center post 264 of Lynch,
`884, to arrive at the claimed invention.
`
`constructed for stretching and sustaining a
`tent's roof when a tent is pitched with the tent
`frame;
`
`The "head connector" (7) of Tsai is constructed to
`stretch and sustain the roof when the tent is pitched.
`(See Figs. 9, 10 and 15; and 2:33-48)
`
`{N5643170}
`
`Patent Owner CCI
`Ex. 2012 - Page 9
`
`

`

`Obviousness in view of U.S. Patent No. 5,638,853 and its German Counterpart combined with
`U.S. Patent No. 4,779,635 and/or U.S. Patent No. 4,947,884
`
`In addition, this limitation is satisfied because the
`Patent-in-Suit admits that prior art tents included a
`"center strut C" constructed to stretch and sustain
`the tent's roof when pitched. (See I :11-26 and Figs.
`16 and 17)
`
`Even if Tsai fails to meet this limitation, the prior
`art taught the use of center poles constructed for
`stretching and sustaining a tent's roof when the tent
`is pitched. For example, U.S. Patent No. 4,779,635
`issued to Lynch on Oct. 25, 1998 teaches an apex
`portion 50 that includes a center post assembly 52,
`which includes a cross bracket 54 that provides
`four pairs of ears, such as ears 55. (6:33-35)
`Notably, the central post assembly 52 is vertically
`positioned along a central axis. (6:47-49)
`
`Lynch further teaches that covering 12 then extends
`over upper end 32 of comer support member 22
`such that its top panel 16 extends upwardly to peak
`14 that is defined by head 59 of comer [center] post
`assembly 52. (6:64-67; Fig. 3)
`
`Finally, Lynch teaches that the restorative biasing
`of upper member 58 causes head 59 to maintain
`tension on canopy covering 12 so that top panels 16
`are maintained in a taut condition regardless of
`environmental conditions. (6:67-7:3; Fig. 3)
`
`Moreover, during prosecution of the Patent-in-Suit,
`the U.S. Examiner found that Lynch satisfied this
`limitation and the applicant did not disagree.
`
`Likewise U.S. Patent No. 4,947,884 issued to
`Lynch on August 14, 1990, also teaches two
`embodiments both of which include a "center
`post." For example, the center post of the second
`alternative embodiment is 264, as seen in Figs. I I
`and 10. (8:18-41)
`
`Thus, it would have been obvious to the person of
`ordinary skill in the art to substitute the head
`connector of Tsai with the center poles of either
`Lynch, 635 or Lynch, 884, both of which are
`constructed for stretching and sustaining a tent's
`roof when the tent is pitched, to arrive at the
`claimed invention.
`
`a plurality of side poles
`
`Tsai teaches four vertical side poles 1. ( 1 :65 to 2:2;
`
`{N5643170}
`
`Patent Owner CCI
`Ex. 2012 - Page 10
`
`

`

`Obviousness in view of U.S. Patent No. 5,638,853 and its German Counterpart combined with
`U.S. Patent No. 4,779,635 and/or U.S. Patent No. 4,947,884
`
`Fig. 1)
`
`coupled to each other through a plurality of
`scissor-type ribs,
`
`Tsai teaches the vertical side poles 1 are coupled to
`each other by scissor type linkages 2. (2:9-13; Fig.
`1)
`
`with upper ends of said ribs being hinged to
`connectors provided at top ends of said side
`poles and
`
`Tsai teaches that each scissor type linkage 2 has an
`upper end hinged to fixed connectors 5 at the top
`end of each side pole 1. (2:5-15; Fig. 6)
`
`lower ends of said ribs being hinged to sliders And Tsai teaches that each scissor type linkage 2
`movably fitted over said side poles; and
`has a lower end hinged to sliders 6 movably fitted
`over the side pole 1. (2:5-15; Fig. 6)
`
`a plurality of center pole ribs coupling said center
`pole to said connectors of the side poles,
`
`Tsai also teaches four rod sets 3 that couple the
`"head connector" 7 to the fixed top connectors 5 of
`the side poles 1. (2: 16-26; Fig. 7 and 9)
`
`said center pole ribs individually comprising
`two rib members coupled to each other
`through a hinge joint and
`
`Each rod set 3 comprises two rod members coupled
`to each other through a hinge joint 31. (2: 16-26;
`Fig. 7 and 9)
`
`being hinged to the slider of an associated side And each rod set 3 is hinged to the slider 6 of the
`pole through a support link,
`associated side pole 1 through a linkage rod 4.
`(2:27-32; Fig. 8)
`
`thus being collapsible at the hinge joint in
`accordance with a sliding motion of said slider
`along the side pole
`
`Each rod set 3 collapses at the hinge joint with a
`sliding motion of the slide along the side pole.
`(2:48-54; Figs. 10-15)
`
`Claim2
`
`A collapsible tent frame according to claim 1,
`wherein
`
`said rib members of the center pole ribs have a
`substantially equal length
`
`Claim 3
`
`A collapsible tent frame according to claim 2,
`further comprising
`
`Tsai teaches that the two rod members of each rod
`set 3 are substantially equal in length, as depicted
`in Fig. 1. This is clear from Tsai because it teaches
`that the two rod members are connected to an
`"intermediate pivot connecting member 31 as
`shown in FIG. 7." (2:16-18)
`
`a claw member disposed at a lower end of each side While Tsai does not depict or describe the lower
`pole
`end of each pole, the prior art included the use of
`
`{N5643170}
`
`Patent Owner CCI
`Ex. 2012 - Page 11
`
`

`

`Obviousness in view of U.S. Patent No. 5,638,853 and its German Counterpart combined with
`U.S. Patent No. 4,779,635 and/or U.S. Patent No. 4,947,884
`
`claw members at the lower end of each side pole to
`stably hold the frame on the ground. For example,
`U.S. Patent No. 4,779,635 issued to Lynch on Oct.
`25, 1998 teaches that each side pole 22 "terminates
`in a foot 30 located at bottom end 28." (5:22-26;
`Fig. 1 and 2). Likewise U.S. Patent No. 4,947,884
`also teaches the lower leg section of the corner
`support member terminates at a bottom end 36 that
`is adapted to rest on a support surface. (5:40-45;
`Figs. 2 and 4)
`
`Thus, it would have been obvious to the person of
`ordinary skill in the art to include a claw member at
`the lower end of each side pole to stably hold the
`frame on the ground.
`
`{N5643170}
`
`Patent Owner CCI
`Ex. 2012 - Page 12
`
`

`

`Obviousness by Lynch, U.S. Patent No. 4,947,884 in view of Tsai, U.S. Patent No. 5,638,853
`and/or its German Counterpart, DE 296 05 106 Ul published on May 23, 1996
`
`U.S. Patent No. 5,944,040
`
`Claim 1
`
`A collapsible tent frame, comprising:
`
`a center pole
`
`Lynch, U.S. Patent No. 4,947,884 issued on
`August 14, 1990 (hereinafter "Lynch, 884 Patent")
`
`"Collapsible Canopy with Auto Erect Roof Support
`Structure"
`
`Lynch, 884 Patent teaches two alternative
`embodiments that include a center post. The center
`post of the second alternative embodiment is item
`264, as seen in Figs. 11 and 10. (8: 18-41)
`
`In addition, this limitation is satisfied because the
`Patent-in-Suit admits that prior art tents included a
`"center strut C" (which includes a sliding cross-
`shaped connector E and a fixed cross shaped
`connector F). (See 1: 11-26 and Figs. 16 and 17)
`
`constructed for stretching and sustaining a
`tent's roof when a tent is pitched with the tent
`frame;
`
`Lynch, 884 Patent depicts and demonstrates that
`the center post is constructed to stretch and sustain
`the tent's roof. (Fig. 3; Fig. 8; Fig. 10)
`
`a plurality of side poles
`
`In addition, this limitation is satisfied because the
`Patent-in-Suit admits that prior art tents included a
`"center strut C" constructed to stretch and sustain
`the tent's roof when pitched. (See I: 11-26 and Figs.
`16 and 17)
`
`Lynch, 884 Patent teaches a plurality of comer
`support members (30). (5:37-47)
`
`coupled to each other through a plurality of
`scissor-type ribs,
`
`Lynch, 884 Patent teaches that each corner support
`member (30) is interconnected by a respective
`scissor assembly (50). (5:50-67; Fig .2)
`
`with upper ends of said ribs being hinged to
`connectors provided at top ends of said side
`poles and
`
`Lynch, 884 Patent teaches that the upper portion of
`each scissor assembly 50 is connected to the corner
`support members 30 at the top ends 38 thereof.
`(5:50-67; Fig. 2)
`
`lower ends of said ribs being hinged to sliders
`movably fitted over said side poles; and
`
`a plurality of center pole ribs coupling said center
`pole to said connectors of the side poles,
`
`Lynch, 884 Patent teaches also that a lower portion
`of each scissor assembly 50 is connected to a slide
`bracket 40, which is slideably received on each
`respective corner post 30. (5:50-67; Fig. 2)
`
`Lynch, 884 Patent teaches a plurality of roof
`support members 60 that couple the center post 64
`to sliding connectors 40 of the corner posts 30.
`(6: 11-28; Fig. 2)
`
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`

`

`Obviousness by Lynch, U.S. Patent No. 4,947,884 in view of Tsai, U.S. Patent No. 5,638,853
`and/or its German Counterpart, DE 296 05 106 Ul published on May 23, 1996
`
`said center pole ribs individually comprising
`two rib members coupled to each other
`through a hinge joint and
`
`Lynch, 884 Patent teaches a second alternative
`embodiment that modifies the roof support
`members of the first embodiment shown in Figs. 7-
`9. Specifically, the roof support members (260) of
`the second embodiment comprise two members
`(261 and 262) that are coupled to each other
`through a hinge joint (270). (8:18-41; Figs. 10 and
`11)
`
`being hinged to the slider of an associated side Lynch, 884 Patent teaches that one section of the
`pole through a support link,
`roof support mem her (261) is pivotally attached to
`the slide bracket (240) of the corner pole. (8: 18-41;
`Figs. 10 and 11)
`
`Even if Lynch, 884 Patent fails to meet this
`limitation, the collapsible roof structure of the
`Patent-in-Suit is taught by Tsai, U.S. Patent No.
`5,638,853 issued on June 17, 1997 and its German
`counterpart published on May 23, 1996. In
`particular, each rod set 3 of Tsai is hinged to slider
`6 of the associated side pole 1 through a linkage
`rod 4. (2:27-32; Fig. 8)
`
`Thus, it would have been obvious to one of skill in
`the art to modify the collapsible roof structure of
`the Lynch, 884 Patent based on the teachings of
`Tsai, 853 to arrive at the claimed invention.
`
`thus being collapsible at the hinge joint in
`Lynch, 884 Patent also teaches that the roof support
`accordance with a sliding motion of said slider member is thus collapsible at the hinge joint (270)
`along the side pole
`with a sliding motion of the slide bracket (240)
`along the corner pole. (8: 18-41; Figs. IO and 11)
`
`Claim 2
`
`A collapsible tent frame according to claim 1,
`wherein
`
`said rib members of the center pole ribs have a
`substantially equal length
`
`Claim3
`
`A collapsible tent frame according to claim 2,
`further comprising
`
`Fig. 10 of Lynch, 884 Patent shows the roof
`support member (260) has two sections that are
`substantially equal in length.
`
`a claw member disposed at a lower end of each side Lynch, 884 Patent teaches that the lower leg
`pole
`section of the corner support members terminates at
`
`{N5643226}
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`Patent Owner CCI
`Ex. 2012 - Page 14
`
`

`

`Obviousness by Lynch, U.S. Patent No. 4,947,884 in view of Tsai, U.S. Patent No. 5,638,853
`and/or its German Counterpart, DE 296 05 106 Ul published on May 23, 1996
`
`a bottom end 3 6 adapted to rest on a support
`surface. 5:40-45; Fi . 2
`
`{N5643226}
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`Patent Owner CCI
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`
`

`

`Obviousness by Lynch, U.S. Patent No. 4,779,635 in view of Tsai, U.S. Patent No. 5,638,853
`and/or its German Counterpart, DE 296 05 106 Ul published on May 23, 1996
`
`U.S. Patent No. 5,944,040
`
`Claim 1
`
`Lynch, U.S. Patent No. 4,779,635 issued on
`October 25, 1988 (hereinafter "Lynch, 635 Patent")
`
`A collapsible tent frame, comprising:
`
`"Collapsible Canopy With Telescoping Roof
`Support Structure"
`
`a center pole
`
`constructed for stretching and sustaining a
`tent's roof when a tent is pitched with the tent
`frame;
`
`{N5643227}
`
`Lynch, 635 Patent teaches 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. (6:33-35)
`
`Central post assembly 52 is vertically positioned
`along a central axis A which is vertical to the
`support surface. (6:47-49)
`
`In addition, this limitation is satisfied because the
`Patent-in-Suit admits that prior art tents included a
`"center strut C" (which includes a sliding cross-
`shaped connector E and a fixed cross shaped
`connector F). (See 1: 11-26 and Figs. 16 and 17)
`
`Moreover, the U.S. Examiner found that Lynch,
`635 Patent taught all limitations of the Patent-in-
`Suit, and in response, the applicant only contended
`that the collapsible hinged roof feature of the
`claimed invention distinguished the claimed
`invention from Lynch, 635 Patent.
`
`Lynch, 63 5 Patent further teaches that covering 12
`then extends over upper end 32 of comer support
`member 22 such that its top panel 16 extends
`upwardly to peak 14 that is defined by head 59 of
`comer [center] post assembly 52. (6:64-67; Fig. 3)
`
`It should be appreciated that the restorative biasing
`of upper member 58 causes head 59 to maintain
`tension on canopy covering 12 so that top panels 16
`are maintained in a taut condition regardless of
`environmental conditions. (6:67-7:3; Fig. 3)
`
`In addition, this limitation is satisfied because the
`Patent-in-Suit admits that prior art tents included a
`"center strut C" constructed to stretch and sustain
`the tent's roof when pitched. (See 1: 11-26 and Figs.
`16 and 17)
`
`Moreover, the U.S. Examiner found that Lynch,
`635 Patent taught all limitations of the Patent-in-
`Suit, and in response, the applicant only contended
`
`Patent Owner CCI
`Ex. 2012 - Page 16
`
`

`

`Obviousness by Lynch, U.S. Patent No. 4,779,635 in view of Tsai, U.S. Patent No. 5,638,853
`and/or its German Counterpart, DE 296 05 106 Ul published on May 23, 1996
`
`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
`
`that the collapsible hinged roof feature of the
`claimed invention distinguished the claimed
`invention from Lynch, 635 Patent.
`
`Lynch, 635 Patent teaches that canopy framework
`unit 20 includes four comer support members 22
`(5:11-13; Fig. 1 and 2)
`
`Moreover, the U.S. Examiner found that Lynch,
`635 Patent taught all limitations of the Patent-in-
`Suit, and in response, the applicant only contended
`that the collapsible hinged roof feature of the
`claimed invention distinguished the claimed
`invention from Lynch, 635 Patent.
`
`Lynch, 635 Patent teaches that each comer support
`member 22 is interconnected to another by
`constraining and support means in the form of a
`scissor assembly 60 which is oriented in a vertical
`plane and comprises a pair of scissor units 62
`connected in end-to-end relation. (5:33-37; Fig. 2)
`
`Moreover, the U.S. Examiner found that Lynch,
`635 Patent taught all limitations of the Patent-in-
`Suit, and in response, the applicant only contended
`that the collapsible hinged roof feature of the
`claimed invention distinguished the claimed
`invention from Lynch, 635 Patent.
`
`Lynch, 635 Patent teaches an upper portion of each
`scissor assembly 60 is connected to each of its
`comer support members 22 at the top ends 32
`thereof. (5:40-42; Fig. 2)
`
`Moreover, the U.S. Examiner found that Lynch,
`635 Patent taught all limitations of the Patent-in-
`Suit, and in response, the applicant only contended
`that the collapsible hinged roof feature of the
`claimed invention distinguished the claimed
`invention from Lynch, 635 Patent.
`
`lower ends of said ribs being hinged to sliders Lynch, 635 Patent further teaches that a lower
`movably fitted over said side poles; and
`portion of each scissor assembly 60 is connected to
`a slide bracket 34 which is slideably received on
`each respective comer post 22. (5:42-45; Fig. 2)
`
`Moreover, the U.S. Examiner found that Lynch,
`635 Patent taught all limitations of the Patent-in-
`Suit, and in response, the applicant only contended
`that the collapsible hinged roof feature of the
`
`{N5643227}
`
`Patent Owner CCI
`Ex. 2012 - Page 17
`
`

`

`Obviousness by Lynch, U.S. Patent No. 4,779,635 in view of Tsai, U.S. Patent No. 5,638,853
`and/or its German Counterpart, DE 296 05 I 06 U I published on May 23, 1996
`
`a 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
`
`claimed invention distinguished the claimed
`invention from Lynch, 635 Patent.
`
`Lynch, 635 Patent teaches 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. (5:30-34; Fig. 2)
`
`Moreover, the U.S. Examiner found that Lynch,
`635 Patent taught all limitations of the Patent-in-
`Suit, and in response, the applicant only contended
`that the collapsible hinged roof feature of the
`claimed invention distinguished the claimed
`invention from Lynch, 635 Patent.
`
`Lynch, 635 Patent teaches that the roof support
`member 40 is formed of a pair of extendable
`members, preferably in the form of an inner
`telescoping member 42 and an outer telescoping
`member 44 which telescopically receives member
`42. (5:64-67; Fig. 2) Thus, while there are two roof
`support members, they are not coupled through a
`hinge joint.
`
`However, Tsai, U.S. Patent No. 5,638,853 (and/or
`its German counterpart) teach an alternative
`collapsible roof design wherein each rod set 3
`comprises two rod members that are coupled to
`each other through a hinge joint 31. (2: 16-26; Fig.
`7 and 9)
`
`being hinged to the slider of an associated side Lynch, 635 Patent teaches that each roof support
`pole through a support link,
`member 40 - particularly outer telescoping member
`44 - is hinged to a U-bracket 48. (6:8-9; Fig. 3)
`Additionally, cantilever member 70 is pivotally
`connected at one end to U-bracket 48 by pin 49 and
`at the other end to U-bracket 37 by means of pin
`41. (6:9-12; Fig. 3)
`
`Tsai, U.S. Patent No. 5,638,853 teaches that each
`rod set 3 is hinged to the slider 6 of the associated
`side pole 1 through a linkage rod 4. (2:27-32; Fig.
`8)
`
`thus being collapsible at the hinge joint in
`Lynch, 63 5 Patent teaches that the roof support
`accordance with a sliding motion of said slider member 40 is not collapsible at a hinge joint with a
`along the side pole
`sliding motion along the center pole, but instead,
`slide bracket 47 moves downwardly and,
`
`{N564