`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`INTER PARTES REVIEW
`
`U.S. Patent Nos.
`9,153,835
`9,496,581
`9,799,913
`
`Eve Energy Co., Ltd.
`Petitioner
`
`v.
`
`VARTA MICROBATTERY GMBH
`Patent Owner
`_____________
`
`Case Nos.
`IPR2022- 01484
`IPR2022- 01486
`IPR2022- 01487
`
`DECLARATION OF MARC JUZKOW
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`VARTA Ex. 2013 Page 1 of 5
`EVE Energy v. VARTA
`IPR2022-01484
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`Eve Energy Co., Ltd v. Varta Microbattery Gmbh
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`Eve Ex. 1002, p. 1
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`144. Kobayashi further discloses various compositions for the insulating members,
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`such as “polyethylene or polypropylene resin, a film made of PET or polyimide, or the
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`like.” Id. A POSITA would further understand that, beyond the specific materials disclosed
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`by Kobayashi, a variety of materials can be used as this insulating member, including
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`plastic polymers, such as polyolefin (such as polypropylene or polyethylene), polyester,
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`polyimide (such as Kapton), and fluoropolymers, as discussed in §IX.A.1.d.
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`145.
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`I further note that this claim is directed to an insulating means arranged
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`“between the end faces of the spiral winding and the housing cup and the housing top.”
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`(Emphasis added). This suggests that the insulating means according to the ‘835 patent is
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`the same on the top end face of the spiral winding and the bottom face of the spiral winding.
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`Kobayashi still discloses this configuration, as the insulating plates disclosed are made of
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`the same material, are in the same shape, and are arranged between both the housing cup
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`and the housing top.
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`k.
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`Combining Kobayashi, Kaun, and Brenner would have been obvious to
`the POSITA
`146. A POSITA would have been motivated to combine the teachings of
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`Kobayashi and Kaun. Kobayashi and Kaun both share the common objective of improving
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`button cells and related types of batteries without sacrificing longevity or efficiency. For
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`example, Kaun provides:
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`a button-type cell enclosure. Consisting of two opposing shallow cups,
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`which are electrically isolated from each other with a polymeric “U”
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`- 70 -
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`VARTA Ex. 2013 Page 2 of 5
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`Eve Energy Co., Ltd v. Varta Microbattery Gmbh
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`Eve Ex. 1002, p. 71
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`shaped gasket at the outer edge. The gasket further forms a gas-tight
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`seal for the interior contents of the cell. These cup members interface
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`with the perpendicular electrode member of another electrochemical
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`cell to serve as both an output conductor and a cell terminal. The
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`positive electrode substrate is essentially of the same material as the
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`positive terminal surface and the negative electrode substrate is
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`essentially of the same material as the negative terminal surface. The
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`positive is generally aluminum and the negative is generally copper.
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`The Rolled-Ribbon cell assembly is a disc that is slightly wider that the
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`distance between the parallel surfaces of the assembled current-
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`collector cups to assure contact with the electrode foil substrates.
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`Ex. 1023 (Kaun) at [0072]. Similarly, Kobayashi is directed
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`to provid[ing] a small battery capable of improving a heavy load
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`characteristic without impairing productivity. . . . The present inventors
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`have found a method of safely and highly productively storing a wound
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`electrode group in a case of a small battery such as a button shape or a
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`coin shape.
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`[A] container having a sealing structure is used in which a metallic
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`negative electrode case serving as a negative electrode terminal and a
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`- 71 -
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`VARTA Ex. 2013 Page 3 of 5
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`Eve Energy Co., Ltd v. Varta Microbattery Gmbh
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`Eve Ex. 1002, p. 72
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`metallic positive electrode case serving as a positive electrode terminal
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`are fitted via an insulating gasket.
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`Ex. 1004 (Kobayashi) at [0012]-[0013].
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`147. Based on my review of these references, Kobayashi is directed to the same
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`subject matter disclosed in Kaun – Button-cell batteries with spiral wound electrode
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`assemblies enclosed within a cell housing. Compare Ex. 1004 (Kobayashi) at [0013] (“It
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`has been found that a small battery excellent in heavy load characteristics can be provided
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`by housing an electrode group in which a laminate including a positive electrode and a
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`negative electrode is wound spirally in the container.”) with Ex. 1023 (Kaun) at [0048]
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`(“This basic laminate cell preassembly is layered on itself, such as by winding or coiling it
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`in a spiral to form an electrode assembly in the general shape of a flat disc (wherein the
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`diameter is preferably greater than twice the thickness of the disk). The cell membrane is
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`sandwiched between plate-like current collectors with the electrode interfaces primarily
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`perpendicular to the current collectors to make up an electrochemical cell.”).
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`148.
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`Instead of beading, Kaun uses an insert molded gasket placed between
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`housing top 28p and cup 28n to provide a gas-tight seal. Ex. 1023, [0116]. As discussed
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`above, Kaun provides a sealing mechanism that closes the button cell without being beaded
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`over. Supra §IX.A.1.f. Using insulator/gasket 32 allows for sealing of the button cell using
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`a housing cup whose edge remains essentially perpendicular to its flat bottom area. Ex.
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`1023, FIG. 7.
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`- 72 -
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`VARTA Ex. 2013 Page 4 of 5
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`Eve Energy Co., Ltd v. Varta Microbattery Gmbh
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`Eve Ex. 1002, p. 73
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`149. As can be seen clearly in FIG. 1 of Kobayashi (annotated below), a significant
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`portion of the available space within the cell is reduced by the process of crimping the cell
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`closed. The process of crimping the cell closed can require significant extra space for the
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`cell housing, but such space cannot be used for active materials, thus reducing the overall
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`volumetric energy density of the cell.
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`150. A POSITA would have been motivated to alter the housing of Kobayashi so
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`as to incorporate the non-beaded over sealing features of the Kaun cell housing. A benefit
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`is that the button cell of Kaun, which is sealed without being beaded over, allows for greater
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`internal space to contain the electrode assembly, meaning that more electrode layers can
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`be included in a button cell of a given diameter that is closed without being beaded over
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`(i.e., according to Kaun) than one that is closed by being beaded over (i.e. according to
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`Kobayashi).
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`151. A POSITA would have also understood that it would be preferred to have the
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`inner lateral side of the housing flat from top to bottom to absorb uniform radial forces
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`from the expansion of the electrodes in the spiral winding, as provided by Kaun.
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`- 73 -
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`VARTA Ex. 2013 Page 5 of 5
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`Eve Energy Co., Ltd v. Varta Microbattery Gmbh
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`Eve Ex. 1002, p. 74
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