Walmart Inc., et al. (Petitioner)
`v.
`Caravan Canopy Int’l, Inc. (Patent Owner)
`IPR2020-01026
`Patent No. 5,944,040
`
`Petitioner Demonstratives
`Oral Hearing
`September 15, 2021
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`
`
`Exhibit 1050 – Page 1Exhibit 1050 – Page 1
`
`
`v.
`Caravan Canopy Int’l, Inc. (Patent Owner)
`IPR2020-01026
`Patent No. 5,944,040
`
`Petitioner Demonstratives
`Oral Hearing
`September 15, 2021
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`
`
`Exhibit 1050 – Page 1Exhibit 1050 – Page 1
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`
`
`Presentation Overview
`I. Overview of the ’040 Patent
`II. Claim Construction
`III. The Yang Grounds Render Claims 1-3 Obvious
`Ground 1 - Yang and Lynch
`Ground 2 - Yang and the AAPA (Applicant Admitted Prior Art)
`Ground 3 - Yang and Berg
`IV. The Tsai Grounds Render Claims 1-3 Obvious
`Ground 4 - Tsai and Lynch
`Ground 5 - Tsai and the AAPA
`Ground 6 - Tsai and Berg
`Ground 7 - Tsai and Berg and Carter
`
`Pet., 9.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 2
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`Overview of the ’040 Patent
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 3
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`The ’040 Patent
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`Ex. 1001, 1; Pet., 10.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 4
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`The ’040 Patent – Admitted Prior Art
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`Ex. 1001, Figs. 1 & 2; Pet., 11.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 5
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`The ’040 Patent – Admitted Prior Art
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`Admitted Prior Art – Figs. 1 and 2 (annotated)
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`Ex. 1001, Figs. 1 & 2; Pet., 24.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 6
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`The ’040 Patent – Problems with the Prior Art
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`Ex. 1001, Fig. 2, 1:54-60; Pet., 12.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 7
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`The ’040 Patent – Summary of the Invention
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`Ex. 1001, 2:4-28, Fig. 4; Pet., 12-13.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 8
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`The ’040 Patent
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`Prior Art
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`Embodiment
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`Ex. 1001, Figs. 2 & 4; Pet., 11.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 9
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`The ’040 Patent – Challenged Claims
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`Ex. 1001, 4:26-47; Pet., 13.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 10
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`The ’040 Patent – Prosecution History
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`The Examiner rejected the pending claims as anticipated by Lynch.
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`Ex. 1002, 52; Pet., 14-15.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 11
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`The ’040 Patent – Prosecution History
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`Ex. 1002, 61; Pet., 15.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 12
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`The ’040 Patent – Prosecution History
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`No argument that the prior art lacked a “center pole
`constructed for stretching and sustaining the tent’s roof”
`
`Ex. 1002, 61; Pet., 15.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 13
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`Claim Construction
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 14
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`“center pole
`constructed for stretching and sustaining a tent’s roof”
`
`Ex. 1001, Claims 1-3.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 15
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`Neither the District Court nor the Board Have Construed the
`“Center Pole . . .” Term
`Institution Decision:
`
`District Court Claim Construction Order:
`
`Inst. Dec., 35; Ex. 1018, 10-11;
`POR, 6-10.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 16
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`“center pole
`constructed for stretching and sustaining a tent’s roof”
`
`“center pole” – No dispute requiring construction for this proceeding
`
`The prior art undisputedly taught center poles
`
`Reply, 9-10.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 17
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`“center pole
`constructed for stretching and sustaining a tent’s roof”
`Patent Owner’s expert, Lance Rake, admitted that the prior art tent
`frames had center poles.
`
`Reply, 9-10; Ex. 1024, 116:20-117:10.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 18
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`“center pole
`constructed for stretching and sustaining a tent’s roof”
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`Parties’ dispute: “constructed for stretching and sustaining a tent’s roof”
`
`Petitioner Walmart
`
`Patent Owner Caravan
`
`Plain and ordinary meaning, where
`“stretch” means to extend or
`spread out
`
`Plain and ordinary meaning, where
`“stretch” means to “make taut” and
`requiring “the roof [to be] secured
`to the tent frame to oppose and
`balance the force applied to the
`roof by the center pole”
`
`Reply, 10-13.
`
`POR, 9-12.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 19
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`Claim Construction
`
`“[T]he specification ‘is always highly relevant to the
`claim construction analysis. Usually it is dispositive; it
`is the single best guide to the meaning of a disputed
`term.”
`
`“[E]xtrinsic evidence may be useful to the court, but it
`is unlikely to result in a reliable interpretation of
`patent claim scope unless considered in the context
`of the intrinsic evidence.”
`
`Phillips v. AWH Corp., 415 F.3d 1303, 1315, 1319 (Fed. Cir. 2005) (en banc).
`
`Inst. Dec., 34-35.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 20
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`Stretching and Sustaining a Roof Material is a Fundamental
`Characteristic of a Tent and Well-Known in the Art
`
`Ex. 1001, 2:4-28; Reply, 10.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 21
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`“center pole
`constructed for stretching and sustaining a tent’s roof”
`The claim cannot affirmatively require a roof under tension because it is
`directed only to a “collapsible tent frame” and does not recite a “roof” as an
`element of the claim. Ex. 1025, ¶¶29-31.
`The “center pole” is an element of the claimed frame and need only be
`“constructed for stretching and sustaining a tent’s roof.”
`
`Reply, 11; Ex. 1001, Claim 1.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 22
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`“center pole
`constructed for stretching and sustaining a tent’s roof”
`The center pole stretches and sustains the roof by moving upwardly
`with the center pole ribs when the tent is pitched.
`
`Ex. 1001, 3:16-37; Reply, 11; Pet., 30.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 23
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`“center pole
`constructed for stretching and sustaining a tent’s roof”
`The specification consistently uses the word “stretch” to describe extending
`or spreading out.
`The specification does not describe “tensioning” the roof or securing the roof
`to the side poles.
`
`Ex. 1001, 3:16-37; Reply, 11-12.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 24
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`“center pole
`constructed for stretching and sustaining a tent’s roof”
`Patent Owner’s expert Lance Rake improperly ignored the
`specification, testifying that the specification was “awkward” and not
`“a guiding concept for me”.
`
`Ex. 1024, 40:2-18; Reply, 12.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 25
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`
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`“center pole
`constructed for stretching and sustaining a tent’s roof”
`Patent Owner’s expert Lance Rake admitted that the specification
`does not describe the attachments that he relies on for his opinion
`regarding “tensioning” the roof.
`
`Ex. 1024, 44:21-45:6; Reply, 13.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 26
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`“center pole
`constructed for stretching and sustaining a tent’s roof”
`Dictionary definitions of “stretch” are consistent with the specification.
`
`Ex. 1016, 4; Reply, 12.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 27
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`The Prior Art Renders
`Claims 1-3 Obvious
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 28
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`Yang and Tsai Teach Every Element Except the Center Pole
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`Yang
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`Tsai
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`Pet., 17, 19.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 29
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`Center Poles Constructed for Stretching and Sustaining a
`Tent’s Roof Were Well-Known in the Art
`
`Lynch Fig. 2
`(Ex. 1007, at 2)
`
`AAPA
`(Ex. 1001, at 2)
`
`Berg Fig. 2
`(Ex. 1008, at 1)
`
`Pet., 39.
`
`Pet., 24.
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`Pet., 52.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 30
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`The Yang Grounds
`(Grounds 1-3)
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 31
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`Yang Discloses Every Element Except the Center Pole
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`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 37-38.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 32
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`Yang Discloses Every Element Except the Center Pole
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`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 37-38.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 33
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`Yang Discloses Every Element Except the Center Pole
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`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 40-41.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 34
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`
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`Yang Discloses Every Element Except the Center Pole
`
`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 40-41.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 35
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`
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`Yang Discloses Every Element Except the Center Pole
`
`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 40-41.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 36
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`
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`Yang Discloses Every Element Except the Center Pole
`
`Yang Figs. 4, 14, and 15 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 40-41.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 37
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`
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`Yang Discloses Every Element Except the Center Pole
`
`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 40-41.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Exhibit 1050 – Page 38
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`
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`Yang Discloses Every Element Except the Center Pole
`
`Yang Figs. 4, 14, and 15 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 40-41.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 39
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`
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`Yang Discloses Every Element Except the Center Pole
`
`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 41-42.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 40
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`
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`Yang Discloses Every Element Except the Center Pole
`
`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 41-42.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 41
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`
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`Yang Discloses Every Element Except the Center Pole
`
`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 42-43.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 42
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`
`
`Yang Discloses Every Element Except the Center Pole
`
`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 42-43.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 43
`
`
`
`Yang Discloses Every Element Except the Center Pole
`
`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 42-43.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 44
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`
`
`Yang Discloses Every Element Except the Center Pole
`
`Yang Figs. 4, 13, and 15 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 42-43.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 45
`
`
`
`Yang Discloses Every Element Except the Center Pole
`
`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 42-43.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 46
`
`
`
`Yang Discloses Every Element Except the Center Pole
`
`Yang Figs. 4, 13, and 15 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 42-43.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 47
`
`
`
`Yang Discloses Every Element Except the Center Pole
`
`Yang Fig. 4 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 43-44.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 48
`
`
`
`Yang Discloses Every Element Except the Center Pole
`
`Yang Figs. 4 and 7 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`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.
`
`Ex. 1001, Claim 1; Pet., 43-44.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 49
`
`
`
`Center Poles Constructed for Stretching and Sustaining a
`Tent’s Roof Were Well-Known in the Art
`
`Lynch Fig. 2
`(Ex. 1007, at 2)
`
`AAPA
`(Ex. 1001, at 2)
`
`Berg Fig. 2
`(Ex. 1008, at 1)
`
`Pet., 39.
`
`Pet., 24.
`
`Pet., 52.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 50
`
`
`
`Motivation to Combine Yang with a
`Center Pole as Taught in Lynch, the AAPA and Berg
`The benefits of a center pole that were known in the art would further
`improve the benefits of Yang’s design: increased space, shedding
`rainwater, and providing a “neat and pretty” appearance.
`
`Ex. 1004, 5-6; Pet., 35-37,
`46-48, 50-51.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 51
`
`
`
`Yang’s Roof Is Not “Draped Over” the Frame
`
`Yang expressly shows a roof that is taut.
`
`Mr. Rake admits that if the roof were not attached, there would be
`sagging. Ex. 1024, 162:5-11. Dr. Klopp agrees. Ex. 1025, ¶¶50-53, 76-83.
`
`Ex. 1004, 18, Fig. 2; Reply, 15.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 52
`
`
`
`Yang’s Roof Is Not “Draped Over” the Frame
`
`Unlike the ’040 Patent, Yang teaches a mechanism for retaining the
`slider. Ex. 1025, ¶¶50-53.
`
`Ex. 1025, ¶50-53; Reply, 15.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 53
`
`
`
`Motivation to Combine Yang with a
`Center Pole as Taught in Lynch, the AAPA and Berg
`
`Incorporating a center pole as taught by Lynch, the AAPA, and Berg
`would be the simple substitution of one element with another for its
`established purpose.
`
`“[W]hen a patent ‘simply arranges old elements with each
`performing the same function it had been known to perform’
`and yields no more than what one would expect from such an
`arrangement, the combination is obvious.”
`
`KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007).
`
`Pet., 22, 36, 47-48, 55, 69, 74;
`Reply, 8, 15, 17-19, 25-26, 32, 34.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 54
`
`
`
`Yang and Lynch
`
`Lynch indisputably shows that it was known to include a center pole
`at the apex of a canopy to stretch and sustain the tent’s roof.
`
`Pet., 22.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 55
`
`
`
`Yang and Lynch
`Lynch’s center pole is constructed for stretching and sustaining the
`tent’s roof under both parties’ interpretation of the term.
`
`Reply, 17; Ex. 1007, 2:31-42;
`6:60-7:5; Fig. 3.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 56
`
`
`
`Yang and Lynch
`Lynch expressly motivates providing “increased head room.”
`
`Reply, 22; Ex. 1007, 2:39-42;
`6:60-7:3, Fig. 3.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 57
`
`
`
`Yang and Lynch
`
`Dr. Klopp explains that a center pole would improve headroom.
`Ex. 1025, ¶¶113-127.
`
`Reply, 20; Ex. 1025, ¶117.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 58
`
`
`
`Yang and Lynch
`Lynch expressly teaches including a center pole “to maintain the
`canopy covering in a taut manner.”
`
`Reply, 22; Ex. 1007, 2:39-42;
`6:60-7:3, Fig. 3.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 59
`
`
`
`Yang and Lynch
`Dr. Klopp explains that a making the tent “more taut, neat, and
`aesthetically pleasing” would have motivated the addition of a center
`pole.
`
`Ex. 1025, ¶129.
`
`Reply, 22; Ex. 1007, 2:39-42; 6:60-7:3.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 60
`
`
`
`Yang and Lynch
`
`Adding a center pole to Yang would improve precipitation shedding.
`
`A POSITA would have understood that a steeper roof will shed water
`better and provide less opportunity for accumulation.
`
`Dr. Klopp explained and modeled this improvement. Ex. 1025,
`¶¶100-104, 108-111
`
`Reply, 20-22.
`
`Ex. 1025, ¶100.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 61
`
`
`
`Yang and AAPA
`The AAPA center pole is constructed for stretching and sustaining the
`tent’s roof under both parties’ interpretation of the term.
`
`Ex. 1004, 5-6; Reply, 24.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 62
`
`
`
`Yang and AAPA
`
`The AAPA center pole is constructed for stretching and sustaining the
`tent roof in the same manner as the embodiment of Fig. 4.
`
`A POSITA would have been motivated to incorporate a center pole
`into Yang to perform its established function of stretching and
`sustaining the tent’s roof.
`
`A center pole would have improved on Yang’s design for the same
`reasons discussed regarding Lynch, including providing increased
`head space and improved shedding of precipitation.
`
`Pet., 46-48; Reply, 23-28.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 63
`
`
`
`Yang and AAPA
`
`“The test for obviousness is not whether the features
`of a secondary reference may be bodily incorporated
`into the structure of the primary reference . . . , but
`rather whether ‘a skilled artisan would have been
`motivated to combine the teachings of the prior art
`references to achieve the claimed invention..”
`
`Allied Erecting & Dismantling Co., Inc. v. Genesis Attachments, LLC, 825 F.3d 1373, 1381 (Fed. Cir. 2016).
`
`Reply, 18, 25-26.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 64
`
`
`
`Yang and Berg
`Berg’s center pole is constructed for stretching and sustaining the
`tent’s roof under both parties’ interpretation of the term.
`
`Reply, 28-29; Ex. 1008, Figs. 1, 2, 4;
`Pet., 51-53.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 65
`
`
`
`Yang and Berg
`Berg’s center pole is constructed for stretching and sustaining the
`tent’s roof under both parties’ interpretation of the term.
`
`Pet., 52; Ex. 1008, 1:87-91, Fig. 2;
`Reply, 28-29.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 66
`
`
`
`Yang and Berg
`Berg’s center pole is constructed for stretching and sustaining the
`tent’s roof under both parties’ interpretation of the term.
`
`Reply, 28-29; Ex. 1008, 2:75-78.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 67
`
`
`
`Yang and Berg
`Combining Yang and Berg would have been trivial for a POSITA.
`
`The combination would increase the ceiling height of the tent,
`increase tension in the canopy, and reduce sagging. Ex. 1025,
`¶¶193-195.
`
`Pet., 50-51, 52-53.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 68
`
`
`
`The Tsai Grounds
`(Grounds 4-7)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1050 – Page 69
`
`
`
`Tsai Discloses Every Element Except the Center Pole
`
`Tsai Figure 1 (annotated)
`
`1. A collapsible tent frame, comprising:
`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`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
`plurality of center pole ribs coupling said center
`pole to said conne
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