`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`____________________
`
`PEAG LLC (d/b/a JLab Audio), Audio Partnership LLC, and Audio Partnership
`PLC (d/b/a Cambridge Audio)
`Petitioners,
`
`v.
`
`VARTA Microbattery GmbH
`Patent Owner.
`____________
`
`Case No. IPR2020-01211
`U.S. Patent No. 9,496,581
`
`Case No. IPR2020-01212
`U.S. Patent No. 9,153,835
`
`Case No. IPR2020-01213
`U.S. Patent No. 9,799,858
`
`Case No. IPR2020-01214
`U.S. Patent No. 9,799,913
`____________
`
`
`SECOND SUPPLEMENTAL DECLARATION OF
`
`MARTIN C. PECKERAR, PH.D.
`
`
`
`
`
`
`VARTA Ex. 2060 Page 1 of 20
`PEAG/Audio Partnership v. VARTA
`IPR2020-01212
`
`
`
`Exhibit No. 2060
`
`V.
`
`Table of Contents
`INTRODUCTION ........................................................................................... 1
`I.
`QUALIFICATIONS ........................................................................................ 1
`II.
`III. MATERIALS CONSIDERED ........................................................................ 1
`IV. THE ORIGINAL PATENT SPECIFICATION OF U.S. PATENT NO.
`9,799,858 DESCRIBES MULTIPLE INSULATING ELEMENTS .............. 2
`RESPONSE TO PETITIONER’S ARGUMENTS REGARDING
`PATENTABILITY OF THE SUBSTITUTE CLAIMS .................................. 4
`A. Kaun Does Not Disclose a Button Cell Housing Formed By Housing Cup
`and Housing Top with Overlapping Casing Areas Closed By Force-
`Fitting Connection ...................................................................................... 4
`Kaun Does Not Disclose a Cup Casing Having First Part Proximal to the
`Flat Bottom Area and Disposed Radially Inward of Second Part That
`Overlaps the Top Casing ............................................................................ 8
`Kaun Does Not Disclose Partially Overlapping Casings ......................... 11
`C.
`D. No Motivation to Modify Kaun or Kannou in view of Kobayashi, Kwon,
`or Kawamura ............................................................................................ 12
`VI. CONCLUSION .............................................................................................. 17
`
`
`
`
`B.
`
`ii
`
`
`VARTA Ex. 2060 Page 2 of 20
`
`
`
`Exhibit No. 2060
`
`
`I, Martin C. Peckerar, Ph.D., declare as follows:
`
`I.
`1.
`
`INTRODUCTION
`I am currently a Professor Emeritus of Microelectronic Engineering at the
`
`University of Maryland. I have been retained by Patent Owner VARTA
`
`Microbattery GmbH (“VARTA” or “Patent Owner”) as a technical expert in the
`
`relevant art.
`
`2.
`
`I made a First Declaration in this proceeding on March 31, 2021,
`
`which I understand is Patent Owner’s Exhibit 2043. My Supplemental Declaration
`
`in this proceeding was made on August 4, 2021, which I understand is Patent
`
`Owner’s Exhibit 2050.
`
`II. QUALIFICATIONS
`3. My qualifications are summarized in the First Declaration and are
`
`addressed in my curriculum vitae, which I understand is Exhibit 2044.
`
`III. MATERIALS CONSIDERED
`4.
`In addition to the materials I considered in forming the opinions set
`
`forth in my prior Declarations, I have reviewed and/or considered the following
`
`additional information:
`
`•
`
`Each of Petitioner’s Opposition to Patent Owner’s Revised Contingent
`
`Motion to Amend: Petitioner’s Opposition to Patent Owner’s
`
`Contingent Motion to Amend for the ‘581 Patent, IPR2020-01211,
`
`1
`
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`VARTA Ex. 2060 Page 3 of 20
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`
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`Exhibit No. 2060
`
`Paper; Petitioner’s Opposition to Patent Owner’s Contingent Motion
`
`to Amend for the ‘835 Patent, IPR2020-01212, Paper 22; Petitioner’s
`
`Opposition to Patent Owner’s Contingent Motion to Amend for the
`
`‘858 Patent, IPR2020-01213, Paper 23; Petitioner’s Opposition to
`
`Patent Owner’s Contingent Motion to Amend for the ‘913 Patent,
`
`IPR2020-01214, Paper 22; and
`
`•
`
`Transcript of my September 10, 2021 Deposition (Ex. 1042).
`
`IV. THE ORIGINAL PATENT SPECIFICATION OF U.S. PATENT NO.
`9,799,858 DESCRIBES MULTIPLE INSULATING ELEMENTS
`5.
`The ‘117 Application, which issued as the ’858 patent, describes
`
`multiple insulating elements that shield a metal conductor disposed above or below
`
`a respective end face of an electrode separator assembly winding from said end
`
`face of the electrode separator assembly winding. In addition to what I have set
`
`forth in my previous supplemental declaration, a POSA would have understood
`
`FIGS. 3A and 3B to show insulating tapes 305, 306, and disc shaped insulators.
`
`Although not called out separately, a POSA would have understood the insulating
`
`tapes 305, 306 to be above the disc-shaped insulating elements (the thicknesses of
`
`which are highlighted in red in the annotated version of FIGS. 3A and B below)
`
`described in connection with respect to FIG. 1 (elements 112 and 113) and which
`
`shield over a larger area of the end faces of the electrode-separator assembly than
`
`is covered by the tapes 305, 306. See also Ex. 2035 at P. 52 ¶ [0048].
`
`2
`
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`VARTA Ex. 2060 Page 4 of 20
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`
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`303 308) |ang
`
`
`Po
`
`
`Fig. 3A
`
`
`
`
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`Exhibit No. 2060
`Exhibit No. 2060
`
`
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`VARTAEx. 2060 Page 5 of 20
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`3
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`VARTA Ex. 2060 Page 5 of 20
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`Exhibit No. 2060
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`V. RESPONSE TO PETITIONER’S ARGUMENTS REGARDING
`PATENTABILITY OF THE SUBSTITUTE CLAIMS
`6.
`I address certain of Petitioner’s arguments regarding patentability of
`
`the proposed claims below. In my opinion, the references on which Petitioner
`
`relies do not disclose or render obvious the substitute claims VARTA has
`
`presented.
`
`A. Kaun Does Not Disclose a Button Cell Housing Formed By
`Housing Cup and Housing Top with Overlapping Casing Areas
`Closed By Force-Fitting Connection
`Substitute Claim 14 of the ‘581 Patent, Substitute Claim 14 of the
`
`7.
`
`‘835 Patent, and Substitute Claims 9, 12, and 14 of the ‘913 Patent indicate that
`
`“the housing cup and the housing top are held together” by the force-fitting
`
`connection, which claim requirement is not disclosed in Kaun. Kaun discloses a
`
`gasket, which is designed to relax and thereby vent internal gas pressure generated
`
`during operation of the cell, provided between the cylindrical sidewalls (i.e.,
`
`casings) of the housing cups. Id. at ¶¶ [0091] and [0130].
`
`8.
`
`In my deposition, I indicated that there is some degree of radial force
`
`that is applied due to the presence of the gasket and its interfit between the housing
`
`cup and top. The gasket, however, is designed to relax to allow venting. The
`
`housing cup and top in Kaun are not held together by the force-fit between the
`
`gasket and the casing areas, but rather are designed to move relative to each other
`
`to allow gas pressure built up inside the housing to vent.
`
`4
`
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`VARTA Ex. 2060 Page 6 of 20
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`
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`Exhibit No. 2060
`
`9.
`
`Preventing relative axial movement of the housing top and cup, such
`
`as through a force-fitting connection between Kaun’s cell cups 28n, 28p, would
`
`disable that venting mechanism—which Kaun provides in order to manage internal
`
`cell overpressures. Id. at ¶ [0023] (“A Li/organic-based electrolyte battery for high
`
`power applications … needs … noncatastrophic, cost effective means to relieve the
`
`gas pressure.”).
`
`10.
`
`In Kaun, the closing forces are applied to the housing in an axial or
`
`downward direction, as shown by the arrow relative to the housing top in the FIG.
`
`11 reproduced below, to cause a “strangulation” of the foot in Kaun’s gasket 32
`
`underneath the cut edge of the cup 28p. The leg of the gasket 32 between the
`
`casings of the cups 28n, 28p serves to electrically isolate the cups 28n, 28p from
`
`each other and does not act to hold the cups 28n, 28p together. The U-shaped
`
`gasket 32 shown in, e.g., FIG. 7B (shown below) of Kaun operates in the same
`
`manner, as well.
`
`5
`
`
`VARTA Ex. 2060 Page 7 of 20
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`
`
`Exhibit No. 2060
`Exhibit No. 2060
`
`DOWNWARD (AXIAL) FORCE
`APPLIED BY EXTERNAL SPRING
`
`LEG
`
`ZLLLLLLLLLLLLLbor
`
`FAAS)
`
`RsTTANNzaeILILILLIELLLRQ=<SSSTATNZEEZILLI IITTTITELEEaoa=\WNRQaNNSSINYTTT
`
`MSSM=<RSERSS
`
`
`
` \yRAaNWKNLLZZZZZZZZZZZZZIZZZZLEZEEELZRSIIIITNV—ZZZZLILEZILZZZeRQSIWWaeZZLILLLZZRRQ—SKNNCZRQSNNNTTTETRASTAAAASSWSLILLETTLLILLT
`
`
`TELL
`
`ZLZIZLLITIZIZLLLIZZLIIILL.EDD
`
`
`
`NS
`
`STRANGULATION OF THE “FOOT”
`CAUSED BY DOWNWARD FORCE
`APPLIED BY EXTERNAL SPRING
`
`FIG. 11
`
`
`
`HOUSING
`
`\ 16
`
`c28
`
`70
`
`FIG . 7B
`
`OWwJ
`
`Naoe
`
`
`
`VARTAEx. 2060 Page 8 of 20
`
`6
`
`
`VARTA Ex. 2060 Page 8 of 20
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`
`
`
`
`
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`Exhibit No. 2060
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`11. The axial or downward forces are provided by the center fastener and
`
`a spring-loaded exterior housing holding the housing cups 28n, 28p together. Id. at
`
`¶ [0091] (“The specified limit for internal pressure is handled by release via the
`
`peripheral gasket which can reseal after an event.”), ¶ [0130] (“If a single cell
`
`produced internal pressure exceeding the 10-20 psi limit, the end spring would
`
`slightly compress and the peripheral gasket of the over pressurized cell would
`
`subsequently relax to relieve the overpressure. This cell would then reseal itself
`
`under the spring force.”), FIG. 12.
`
`12. A person of ordinary skill in the art (“POSA”) would have understood
`
`that a force-fit connection that holds the cup and top together would disable Kaun’s
`
`venting mechanism. A POSA would also recognize that Kaun lacks any disclosure
`
`of how a force-fit between the sides of the cup and top could be effectuated with
`
`sufficient force to hold them together.
`
`13. For these reasons, Kaun also does not disclose “two metal housing
`
`halves, each including … a lateral surface region, the lateral surface regions
`
`providing a force-fit connection therebetween to form a leak-tight, button cell
`
`housing,” as in Substitute Claim 10 of the ’858 Patent.
`
`14. As I stated in my deposition, Kaun may provide an initial force fit
`
`when the housing halves are brought together, even though the sidewalls are
`
`straight and meant to move relative to each other, due to some degree of force that
`
`7
`
`
`VARTA Ex. 2060 Page 9 of 20
`
`
`
`Exhibit No. 2060
`
`will be applied between the gasket and housing parts. However, even if such an
`
`initial force fit were achieved, such a fit would be insufficient to hold the housing
`
`together.
`
`15. Kaun’s reference to using an “adhesive polymer to seal the cell
`
`without pressure loading,” Ex. 1005, ¶ [0120], would not constitute a force-fit
`
`connection. The adhesive polymer (or other adhesive or glue) would bond the
`
`housing and cup together by adhesion rather than providing a mechanical static
`
`friction connection between the surfaces of the housing top, gasket and cup as in a
`
`“force-fit” connection. Kaun therefore lacks any disclosure of a force fit
`
`connection that holds the housing halves together.
`
`B. Kaun Does Not Disclose a Cup Casing Having First Part Proximal
`to the Flat Bottom Area and Disposed Radially Inward of Second
`Part That Overlaps the Top Casing
`16. The substitute claims also require “the cup casing includes a first part
`
`proximal to the flat bottom area and a second part disposed in the overlapping area
`
`[where the cup casing partially overlaps the top casing], the first part of the cup
`
`casing being disposed radially inward with respect to the second part.” See, e.g.,
`
`Substitute Claim 14 of the ’581 Patent, Substitute Claim 14 of the ’835 Patent, and
`
`Substitute Claims 9, 12, and 14 of the ’913 Patent.
`
`17. The patent specifications disclose three distinct sections of the button
`
`cell housing cup and top: (1) the bottom and top areas; (2) the casing areas which
`
`8
`
`
`VARTA Ex. 2060 Page 10 of 20
`
`
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`Exhibit No. 2060
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`are “aligned essentially at right angles to the bottom and top areas”; and (3) the
`
`“edge areas” which “form the transition between the casing areas and the top and
`
`bottom areas.” ’835 Pat. 6:63-65, 7:1-4; ’581 Pat. 7:1-3, 6-8; ’913 Pat. 7:58-60,
`
`65-67.
`
`18. As shown in the left-hand drawing below illustrating FIG. 4 of the
`
`VARTA ’581, ’835 and ’913 patents as compared to a reproduction of FIG. 11 of
`
`Kaun, a POSA would have understood from the disclosure in the VARTA patents
`
`that the casing areas (shown in light blue and dark blue) do not include the as edge
`
`areas (orange), which instead is a distinct portion of the cup and top that forms a
`
`transition between the casing areas and the top and bottom.
`
`19. The VARTA patents disclose a cup casing with a first part (light blue)
`
`being disposed radially inward relative to a second part (dark blue) that partially
`
`overlaps the top casing. The VARTA patents teach that the first part is provided to
`
`improve the sealing characteristics of the force-fitting connection between the cup
`
`412 and top 411. See, e.g., ’835 patent, 9:1–11, FIG. 4 (below).
`
`20. Kaun does not disclose a button cell housing with a cup casing having
`
`a first part proximal to the flat bottom area and a second part in an overlapping area
`
`where the cup casing partially overlaps the top casing, in which the first part of the
`
`cup casing is disposed radially inward with respect to the second part.
`
`9
`
`
`VARTA Ex. 2060 Page 11 of 20
`
`
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`Exhibit No. 2060
`
`21.
`
`In Kaun, the casing (or sidewall) of the cup (in blue below) has a
`
`constant radius. A POSA would have understood that Kaun’s housing top and cup
`
`casings are formed to permit vertical separation, such as during venting, and does
`
`not include a part that is radially inward with respect to another part of the casing.
`
`Compare FIG. 11 from Kaun (right) with FIG. 4 from the ’835, ’581, and ’913
`
`patents (left; showing in dark blue a casing with a radially inward part in light
`
`blue).
`
`
`
`
`
`
`
`
`
`
`
`22. The portion of Kaun’s housing identified by Petitioner (in orange
`
`above) is an edge area, not any “first part” of a cup casing. That area transitions
`
`the housing bottom (in yellow below) and the housing sidewall (or casing) (in blue
`
`below).
`
`10
`
`
`VARTA Ex. 2060 Page 12 of 20
`
`
`
`Exhibit No. 2060
`
`23. The edge or transition area (orange) has a bend radius allowing it to
`
`transition between the casing and bottom. A POSA would have understood the
`
`rounded edge areas (orange) of the Kaun housing to be artifacts of the
`
`manufacturing process by which the cup was produced, and not the radially inward
`
`“first part” of the casing claimed in the substitute claims. Such structures are
`
`generally produced by stamping, which naturally creates an arc in the stamped
`
`material around the stamping mandrel (generally a flat ended circular rod). A
`
`POSA would have understood the bend radius of the Kaun edge area to have been
`
`made to aid in the process of bringing the part into its final shape and/or in the
`
`removal of the part from the equipment producing it.
`
`C. Kaun Does Not Disclose Partially Overlapping Casings
`24. Kaun discloses cup and top casings (shown in blue below) that are
`
`completely overlapping, in which each casings has a constant radius. Ex. 1005 at
`
`FIG. 11. Kaun therefore does not disclose a cup casing having a first part proximal
`
`to the flat bottom area and a second part in an overlapping area where the cup
`
`casing partially overlaps the top casing.
`
`11
`
`
`VARTA Ex. 2060 Page 13 of 20
`
`
`
`Exhibit No. 2060
`
`
`D. No Motivation to Modify Kaun or Kannou in view of Kobayashi,
`Kwon, or Kawamura
`25. As I discussed in my original declaration, Kaun teaches to directly
`
`connect the ends of an electrode assembly to the housing without the use of output
`
`conductors. Ex. 2043 at ¶¶ 151-53 and 159-67. Kaun teaches a POSA to maintain
`
`short current paths through direct contact between the electrodes and housing to
`
`minimize resistance and heat generation, and to maximize power generation. See
`
`Ex. 1005, [0125], [0128] (“short electronic current flow paths along the lengths of
`
`the electrodes”, [0018] and [0094] (decreased internal resistance), [0005], [0094]
`
`(dissipation of heat). Kaun thus rejects arrangements such as found in Kobayashi
`
`or Kawamura where the electrodes connect to the housing through output
`
`conductors that pass through insulating plates and with a long current path
`
`spiraling through the entire winding.
`
`12
`
`
`VARTA Ex. 2060 Page 14 of 20
`
`
`
`Exhibit No. 2060
`
`26. Similar to Kaun, Kannou also teaches a POSA to eliminate the use of
`
`output conductors and to maintain short current paths through direct contact
`
`between the electrodes and housing to minimize resistance, and to maximize power
`
`generation. By eliminating the output conductors, Kannou purports to provide a
`
`cell with decreased internal resistance and high discharge current. Ex. 1039,
`
`[0006]-[0008], [0048], [0065]-[0068].
`
`27. Kannou also teaches a Comparative Example 1, which Kannou
`
`disparages due to higher internal resistance and less discharge capacity as
`
`compared to the Kannou’s preferred embodiments (Examples 1 and 2). See Ex.
`
`1039, [0066] (disclosing that “Examples 1 and 2” are advantageous because they
`
`“have higher discharge capacity and lower resistance than those of Comparative
`
`Examples 1 and 2.”). This is shown in Table 1 of Kannou below. A POSA would
`
`not have been motivated to combine Kannou’s inferior “Comparative Example I”
`
`embodiment with Kaun’s housing when both Kannou and Kaun teach away from
`
`its use. Particularly in view of Kannou’s description of the inferior performance of
`
`the “Comparative Example I” embodiment, a POSA would not have been
`
`motivated to use its electrode assembly in any combination of other references.
`
`13
`
`
`VARTA Ex. 2060 Page 15 of 20
`
`
`
`Exhibit No. 2060
`
`Kannou—Table 1
`
`28.
`
`I understand that Petitioner proposes to combine FIG. 7 and FIG.1 of
`
`Kannou, which according to Petitioner would include “insulating layers” or
`
`“insulating means” (shown in green below) between the end faces of the winding
`
`and the housing cup and top. Kannou’s preferred embodiment shown in FIG. 1,
`
`however, does not have an insulating layer between the end faces of the winding
`
`and housing. Kannou instead teaches direct electrical contact of the electrodes 6, 7
`
`to the housing parts 2, 1.
`
`
`
`Petitioner’s Argument
`
`
`
`29. FIG. 7 illustrates Comparative Example 1, which Kannou describes as
`
`having poor performance characteristics (e.g., high resistance and lower discharge
`
`14
`
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`VARTA Ex. 2060 Page 16 of 20
`
`
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`Exhibit No. 2060
`
`capacity). A POSA would not have been motivated to use that Comparative
`
`Example because that would ignore Kannou’s core teachings of how to minimize
`
`resistance and maximize discharge capacity. See Ex. 1039 [0042].
`
`30. Kawamura (Ex. 1040) teaches a conventional cylindrical battery
`
`design that operates in a manner similar to Kobayashi (Ex. 1006), but which is
`
`fundamentally different than that of Kaun or Kannou. Kawamura’s use of
`
`insulating plates 511 necessarily results in generation of spiral current flow around
`
`the electrode assembly. Output conductor leads connecting the positive and
`
`negative electrodes to the housing also create increased internal resistance,
`
`according to the teachings of Kaun and Kannou. None of the improvements taught
`
`by Kaun and Kannou regarding reduced internal resistance and increased discharge
`
`capacity would be achieved in a proposed combination Kaun or Kannou with
`
`Kawamura. A POSA would therefore not have been motivated to combine Kaun
`
`or Kannou with Kawamura or with Kobayashi.
`
`31. A POSA would also understand that Kaun and Kannou teach away
`
`from the use of welding, which these references avoid. Ex. 2013, Abstract; Ex.
`
`1039, ¶¶ [0008], [0038]–[0042]; FIG. 1. A POSA would therefore not have
`
`incorporated Kawamura’s use of welding, or other welding techniques to connect
`
`the electrodes to hosing, in any combination of Kaun or Kannou.
`
`15
`
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`VARTA Ex. 2060 Page 17 of 20
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`
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`Exhibit No. 2060
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`32. A POSA would not have understood the current collector tabs in
`
`Kannou’s Comparative Example 1 to have a flat portion. Kannou teaches that the
`
`protruding current collectors contact the container through spring action. See Ex.
`
`1039 FIG. 1. According to Kannou, the current collectors may also include
`
`notches formed therein so they will more easily bend when contacting the housing.
`
`Ex. 1039, [0060]-[0061] (disclosing that the bent part of the current collectors
`
`contact the respective container portions). A POSA would understand that the
`
`current collector tabs 14, 16 do not have a flat portion that bears or rests flat
`
`relative to the end face of the spiral winding and the housing top and/or bottom. In
`
`a related manner, POSA would understand that Kannou does not disclose “a
`
`sequence of three flat layers in direct contact with one another in which [a] metal
`
`foil is interposed between [a housing half and an insulating element]” as recited in
`
`element 10[g] of Substitute Claim 10 of the ’858 patent.
`
`33. Kannou does not disclose a button cell housing in which the housing
`
`cup and the housing top are held together by a force-fitting connection. The
`
`housing of Kannou’s battery is instead closed by crimping to produce a beaded
`
`over seal.
`
`34. A POSA would not have been motivated to modify the housing of
`
`Kannou based on Kaun. Kannou uses a weld-free connection technique for
`
`connecting the conductor to the housing. Ex. 1039, ¶¶ [0008], [0038]–[0042], FIG.
`
`16
`
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`VARTA Ex. 2060 Page 18 of 20
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`
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`Exhibit No. 2060
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`1. A POSA would have understood that Kannou’s beaded over connection
`
`between the positive and negative electrode container parts 1, 2 is necessary to
`
`ensure a sufficiently tight seal in Kannou’s battery and to provide the spring-like
`
`contact between the housing and the electrode assembly. Kaun also requires a
`
`center fastener and exterior spring-loaded housing in order to close the cell, which
`
`would not be practical to incorporate into a button cell. A POSA would not have
`
`been motivated to use any bonding technique using adhesive in place of the
`
`conventional crimping techniques which have shown themselves to be reliable and
`
`easy to make in a production environment.
`
`VI. CONCLUSION
`35. This declaration is based on information currently available to me. I
`
`expressly reserve the right to supplement, amend, or modify my opinions in
`
`response to any new information or documents that become available to me, in
`
`response to any new statements or contentions raised by Petitioners, and to any
`
`new declarations or opinions provided by Petitioners’ Expert.
`
`36.
`
`I declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true.
`
`I further declare that these statements are made with knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment or both
`
`under 18 U.S.C. § 1001.
`
`17
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`VARTA Ex. 2060 Page 19 of 20
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`
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`I, Martin C. Peckerar, Ph.D., declare under penalty of perjury under the laws
`
`of the United States that the foregoing is true and correct.
`
`Date: October 8, 2021
`
`_________________________
`
`Martin C. Peckerar, Ph.D.
`
`VARTA Ex. 2060 Page 20 of 20
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`
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