Patent Owner’s Demonstrative Exhibit
`
`Walmart Inc., et al.,
`v.
`Caravan Canopy International, Inc.
`
`Case No. IPR2020-01026
`Patent No. 5,944,040
`Issue Date: August 31, 1999
`Title: Collapsible Tent Frame
`
`Exhibit 2034
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`1
`
`
`
`Walmart Inc., et al.,
`v.
`Caravan Canopy International, Inc.
`
`Case No. IPR2020-01026
`Patent No. 5,944,040
`Issue Date: August 31, 1999
`Title: Collapsible Tent Frame
`
`Exhibit 2034
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`1
`
`
`
`Table of Contents
`
`• Overview
`• Petitioner’s Grounds 1-7 Fail To Provide All Claimed Features
`• Claim Construction
`• Grounds 1-7 would not provide all claimed features
`• Petitioner Sets Forth No Sufficient Motivation To Combine The References
`• Increased Headroom
`• Shed Rainwater
`• Reduced Sagging/Improved Appearance
`• Arranging Old Elements
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`2
`
`
`
`The ’040 Patent
`
`Ex. 1001, 3:29-37
`
`POR, 23-24
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`Ex. 2029, ¶152
`
`3
`
`
`
`The ’040 Patent
`
`• The ’040 patent is described and
`claimed as a stressed tent using the
`roof as the tension member.
`
`Claim 1
`
`Ex. 1003, ¶44
`
`Ex. 2029, ¶124
`
`POR, 11-12; Sur-Reply, 1-2
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`4
`
`
`
`Table of Contents
`
`• Overview
`• Petitioner’s Grounds 1-7 Fail To Provide All Claimed Features
`• Claim Construction
`• Grounds 1-7 would not provide all claimed features
`• Petitioner Sets Forth No Sufficient Motivation To Combine The References
`• Increased Headroom
`• Shed Rainwater
`• Reduced Sagging/Improved Appearance
`• Arranging Old Elements
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`5
`
`
`
`“a center pole constructed for stretching and sustaining a tent’s roof
`when a tent is pitched with the tent frame.”
`
`Patent Owner’s Proposal
`
`Petitioner’s Initial Proposal
`
`Petitioner’s Reply
`Proposal
`
`Plain and ordinary meaning:
`
`a center pole configured to make the
`tent roof taut and to hold up the tent
`roof when the tent is pitched with the
`tent frame. (POR, 9-12).
`
`“made to heighten and hold up the
`tent covering” (Pet., 32).
`
`“stretching” means “extending
`and spreading out” (Reply, 12).
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`6
`
`
`
`“a center pole constructed for stretching and sustaining a tent’s roof
`when a tent is pitched with the tent frame.”
`
`“a center pole constructed for stretching and sustaining a tent’s roof when a tent is pitched with the tent frame.”
`Ex. 1001, claim 1
`
`“The center pole provides tension and support to heighten and hold up the tent covering.”
`Pet., 32-33
`
`Sur-Reply, 4-5
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`7
`
`
`
`“a center pole constructed for stretching and sustaining a tent’s roof
`when a tent is pitched with the tent frame.”
`
`Ex. 1016, p. 4
`
`Ex. 1025, ¶45
`
`POR, 11; Sur-Reply, 5
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`Ex. 1003, ¶44
`
`8
`
`
`
`“a center pole constructed for stretching and sustaining a tent’s roof
`when a tent is pitched with the tent frame.”
`
`Ex. 1018, p. 11
`
`POR, 9
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`9
`
`
`
`“a center pole constructed for stretching and sustaining a tent’s roof
`when a tent is pitched with the tent frame.”
`
`“a center pole constructed for stretching and sustaining a tent’s roof when a tent is pitched with the tent frame.”
`Ex. 1001, claim 1
`
`“The center pole provides tension and support to heighten and hold up the tent covering.”
`Pet., 32-33
`
`Sur-Reply, 4-5
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`10
`
`
`
`“a center pole constructed for stretching and sustaining a tent’s roof
`when a tent is pitched with the tent frame.”
`
`Claim 1 as filed
`
`Amendment “to more particularly
`point out and distinctly claim the
`present invention”
`
`Ex. 1002, p. 61
`
`Claim 1 as issued
`
`Ex. 1002, p. 10
`
`Ex. 1002, p. 59
`
`Ex. 1001, claim 1
`
`POR, 12
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`11
`
`
`
`“a center pole constructed for stretching and sustaining a tent’s roof
`when a tent is pitched with the tent frame.”
`
`“a center pole constructed for stretching and sustaining a tent’s roof when a tent is pitched with the tent frame.”
`Ex. 1001, claim 1
`
`“The center pole provides tension and support to heighten and hold up the tent covering.”
`Pet., 32-33
`
`“extending and spreading out”
`Reply, 12
`
`Sur-Reply, 5
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`12
`
`
`
`“a center pole constructed for stretching and sustaining a tent’s roof
`when a tent is pitched with the tent frame.”
`
`Ex. 1016, p. 4
`
`Ex. 1025, ¶45
`
`Sur-Reply, 5
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`Pet., 33
`
`13
`
`
`
`“a center pole constructed for stretching and sustaining a tent’s roof
`when a tent is pitched with the tent frame.”
`
`Ex. 2033, 26:19-27:8
`
`Ex. 2033, 27:10-20
`
`Sur-Reply, 5
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`14
`
`
`
`“a center pole constructed for stretching and sustaining a tent’s roof
`when a tent is pitched with the tent frame.”
`
`“a center pole constructed for stretching and sustaining a tent’s roof when a tent is pitched with the tent frame.”
`Ex. 1001, claim 1
`
`“The center pole provides tension and support to heighten and hold up the tent covering.”
`Pet., 32-33
`
`“extending and spreading out”
`Reply, 12
`
`Sur-Reply, 5
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`15
`
`
`
`Table of Contents
`
`• Overview
`• Petitioner’s Grounds 1-7 Fail To Provide All Claimed Features
`• Claim Construction
`• Grounds 1-7 would not provide all claimed features
`• Petitioner Sets Forth No Sufficient Motivation To Combine The References
`• Increased Headroom
`• Shed Rainwater
`• Reduced Sagging/Improved Appearance
`• Arranging Old Elements
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`16
`
`
`
`Grounds 1-7 Generally
`
`• Stretching (tensioning) requires two opposite, balancing
`forces.
`
`•
`
`In the context of the ’040 patent, the balancing forces
`are:
`(1) the center pole (e.g., 50); and
`(2) the tent frame (e.g., side poles 10/connectors 60).
`
`• Dr. Klopp agrees:
`
`POR, 12
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`Ex. 1003, ¶44
`
`Ex. 2029, ¶124
`
`17
`
`
`
`Yang (Grounds 1-3)
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`Ex. 1004
`
`18
`
`
`
`Yang (Grounds 1-3)
`
`Yang fails to describe:
`
`• The roof being stretched.
`• The roof being secured to the
`frame.
`• When the roof is placed on the
`tent frame (e.g., during
`assembly of the tent frame or
`after).
`
`POR, 15-16
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`19
`
`
`
`Tsai (Grounds 4-7)
`
`Tsai fails to describe:
`• A roof.
`• A roof being stretched.
`• A roof being secured to the
`frame.
`• How or when a roof is placed
`on the tent frame (e.g.,
`during assembly of the tent
`frame or after).
`
`POR, 45-48; Sur-Reply, 22
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`20
`
`
`
`Tsai (Grounds 4-7)
`
`Losi describes:
`
`POR, 45-48; Sur-Reply, 22
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`21
`
`Ex. 2015, 1:29-33, 55-58
`
`
`
`Tsai (Grounds 4-7)
`
`Reply, 14
`
`Sur-Reply, 23
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`Ex. 2007, p. 11
`
`22
`
`
`
`Tsai (Grounds 4-7)
`
`Losi describes:
`
`Ex. 2015, 2:44-55
`
`POR, 16-17, 45-46; Sur-Reply, 22
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`23
`
`
`
`Grounds 1-7
`
`Yang & Tsai
`
`’040 Patent
`
`Freestanding Tent
`
`Stressed Tent
`
`POR, 16; Ex. 2029, ¶203
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`24
`
`
`
`Grounds 1-7
`
`Freestanding Tent With Extended Center Pole
`(not secured at point A)
`
`Stressed Tent With Extended Center Pole
`(secured at point A)
`
`POR, 19-20; Sur-Reply, 10; Ex. 2029, ¶¶161-62.
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`25
`
`
`
`Grounds 4-7
`
`Losi informs the results of Petitioner’s proposed
`modification(s) of Tsai:
`
`POR, 26, 33-34, 42
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`26
`
`Ex. 2015, 1:29-33, 55-58
`
`
`
`Grounds 1-7
`
`Reply, 14
`
`Reply, 15
`
`Reply, 17
`
`Sur-Reply, 7-12
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`27
`
`
`
`Grounds 1-7
`
`Ex. 1003, ¶44
`
`Sur-Reply, 4, 11
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`28
`
`
`
`Grounds 2 & 5
`
`Pet., 30
`
`Petition
`
`Pet., 49
`
`Sur-Reply, 20-21, 23-24
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`Reply
`
`Reply, 26
`
`Reply, 33-34
`
`29
`
`
`
`Grounds 6 & 7
`
`Reply
`
`Reply, 34-35
`
`Petition
`
`Pet., 75-76
`
`POR, 57-60; Sur-Reply, 24
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`30
`
`
`
`Table of Contents
`
`• Overview
`• Petitioner’s Grounds 1-7 Fail To Provide All Claimed Features
`• Claim Construction
`• Grounds 1-7 would not provide all claimed features
`• Petitioner Sets Forth No Sufficient Motivation To Combine The References
`• Increased Headroom
`• Improved Rainwater Shedding
`• Reduced Sagging/Improved Appearance
`• Arranging Old Elements
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`31
`
`
`
`Motivation: Increased Headroom
`
`Pet., 36
`
`Ex. 1003, ¶72
`
`Pet., 40
`
`Sur-Reply, 14
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`32
`
`
`
`Motivation: Increased Headroom
`
`POR, 22-24
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`33
`
`Ex. 2029, ¶152
`
`
`
`Motivation: Increased Headroom
`
`’040 Patent
`
`Lynch
`
`Ex. 1001, 1:53-64
`
`Ex. 1007, 1:57-62 (cited at Pet., 55)
`
`Losi
`
`Ex. 2015, 1:50-53
`
`POR, 22-24
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`34
`
`
`
`Motivation: Increased Headroom
`
`Reply, 19
`
`Sur-Reply, 14
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`35
`
`
`
`Motivation: Increased Headroom
`
`Yang
`
`Tsai
`
`Sur-Reply, 15
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`36
`
`
`
`Table of Contents
`
`• Overview
`• Petitioner’s Grounds 1-7 Fail To Provide All Claimed Features
`• Claim Construction
`• Grounds 1-7 would not provide all claimed features
`• Petitioner Sets Forth No Sufficient Motivation To Combine The References
`• Increased Headroom
`• Improved Rainwater Shedding
`• Reduced Sagging/Improved Appearance
`• Arranging Old Elements
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`37
`
`
`
`Motivation: Improved Rainwater Shedding
`
`Pet., 36
`
`POR, 25-27; Sur-Reply, 15-16
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`Ex. 1003, ¶72
`
`38
`
`
`
`Motivation: Improved Rainwater Shedding
`
`Yang
`
`Ex. 1004, 6
`
`Ex. 2030, 7
`
`POR, 24-27
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`39
`
`
`
`Motivation: Improved Rainwater Shedding
`
`Tsai/Losi
`
`POR, 26-27
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`40
`
`Ex. 2015, 1:29-33, 55-58
`
`Ex. 2015, 2:44-55
`
`
`
`Motivation: Improved Rainwater Shedding
`
`Ex. 1003, ¶44
`
`POR, 26-27; Sur-Reply, 16-17
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`Ex. 2029, ¶161
`
`41
`
`
`
`Motivation: Improved Rainwater Shedding
`
`Petition
`
`Pet., 36
`
`Reply
`
`Sur-Reply, 16
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`Reply, 21
`
`42
`
`
`
`Table of Contents
`
`• Overview
`• Petitioner’s Grounds 1-7 Fail To Provide All Claimed Features
`• Claim Construction
`• Grounds 1-7 would not provide all claimed features
`• Petitioner Sets Forth No Sufficient Motivation To Combine The References
`• Increased Headroom
`• Improved Rainwater Shedding
`• Reduced Sagging/Improved Appearance
`• Arranging Old Elements
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`43
`
`
`
`Motivation: Reduced Sagging/Improved Appearance
`
`Ex. 2015, 1:29-33, 55-58
`
`POR, 26-27; Sur-Reply, 16-17
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`44
`
`
`
`Table of Contents
`
`• Overview
`• Petitioner’s Grounds 1-7 Fail To Provide All Claimed Features
`• Claim Construction
`• Grounds 1-7 would not provide all claimed features
`• Petitioner Sets Forth No Sufficient Motivation To Combine The References
`• Increased Headroom
`• Improved Rainwater Shedding
`• Reduced Sagging/Improved Appearance
`• Arranging Old Elements
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`45
`
`
`
`Motivation: Arranging Old Elements
`
`Yang & Tsai
`
`’040 Patent
`
`POR, 16, 31, 46, 51; Sur-Reply, 18-19, 24
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`46
`
`
`
`Motivation: Arranging Old Elements
`
`Yang
`
`Tsai
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`47
`
`
`
`Motivation: Arranging Old Elements
`
`Ex. 1025, ¶45
`
`Ex. 2033, 49:23-24
`
`Sur-Reply, 19
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`48
`
`
`
`Motivation: Arranging Old Elements
`
`Sur-Reply, 19
`
`Patent Owner's Demonstrative Exhibit - Not Evidence
`
`49
`
`Ex. 2033, 50:14-51:12
`
`
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