`
`FILED: NEW YORK COUNTY CLERK 12/08/2016 06:14 PM
`FLED: NEW YORK COUNTY CLERK 12m2016 06:14 P
`
`N?sc3F DOC. NO. 107
`NYSCEF DOC. NO. 107
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`N3«x NO. 155562/2013
`INDEX NO. 155562/2013
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`
`
`
`RaCaIVaD VYSCEF: 12/08/2016
`RECEIVED NYSCEF: 12/08/2016
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`CHRISHA CREATIONS, LTD.,
`
`Plaintiff,
`
`v,
`
`DOLGENCORP, INC., DOLLAR GENERAL
`CORPORATION, AND FAMILY DOLLAR
`STORES, INC .,
`
`Defendants.
`
`Civil Action No. 08-CV-1065 (MGC)
`
`PRELIMINARY INVALIDITY
`
`CONTENTIONS
`
`DEFENDANTS PRELIMINARY INVALIDITY CONTENTIONS
`
`Pursuant to the Patties’ agreement made in Court on June 18, 2009,
`
`the Defendants
`
`provide the following Invalidity Contentions to Plaintiff regarding US. Patent Nos. 7,216,446
`
`and 7,302,769 (“Patents In Suit”).
`
`Defendants make these disclosures based on their current knowledge, recognizing that
`
`investigations are continuing, discovery is continuing, no claims have been construed by the
`
`Court, the Plaintiffs allegations made in its Complaint are overly broad, vague and conclusory,
`
`and, Plaintiff has not provided its infringement contentions nor has it identified any accused
`
`products nor identified which claims in the asserted patents are being infringed.
`
`These contentions should not be used as an indication of Defendants position concerning
`
`proper construction of any claim term. Defendants reserve the right to update or modify these
`
`contentions as a result of any construction of claim terms by the Court.
`
`Defendants make these disclosures based on the assumption that the asserted claims will
`
`be reasonably construed. Defendants reserve the right to amend and supplement this production
`
`[633512 vl
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`to the full extent and in view of any further discovery or re-evaluation of prior art, fact or expert
`
`discovery, evaluation of the scope and content of the prior art, any claim construction and the
`
`contentions of Plaintiff during the litigation. These contentions are provided without prejudice to
`
`the rights of Defendants to introduce at trial any subsequently discovered evidence or expert
`
`opinions relating to currently known facts and to produce and introduce at trial all evidence,
`
`whenever discovered, relating to the proofof subsequently discovered or newly understood facts.
`
`Defendants reserve the right
`
`to conduct further discovery with reference to, or offer into
`
`evidence at
`
`the time of trial, all
`
`facts, expert opinion testimony, documents and things
`
`notwithstanding these contentions.
`
`These contentions are provided without waiving the right to object to the use of any
`
`statement for any purpose, in this action or any other, on the grounds of privilege, relevance,
`
`materiality or any other appropriate grounds; the right to object to any request involving or
`
`relating to the subject matter of the statements herein; or the right to revise, correct, supplement
`
`or clarify any of the statements herein at any time.
`
`I. IDENTIFICATION OF PRIOR ART REFERENCES FOR THE PATENTS IN
`
`SUIT
`
`Defendants incorporate in full all prior art references cited in the Patents in Suit and in
`
`their prosecution histories, and any related patents and applications, whether filed in the United
`
`states or a foreign country.
`
`Defendants contend that certain references anticipate certain claims of the Patents in Suit,
`
`combinations of these references render the Patents in Suit obvious, certain references provide
`
`motivation to practice the claimed subject matter and provide the state of the art regarding the
`
`claimed subject matter as of February 27, 2004 or November 23, 2004.
`
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`The following references were available as prior an as of February 27, 2004 or November 23,
`
`2004.
`
`For U.S.7 302 769:
`
`US. Patent No. 5,125,177 to Colting
`
`US. Patent No. 6,764,201 to Chi-Cheng
`
`US. Patent No. 6,644,843 to Chin-Cheng
`
`For U.S.7 216 446:
`
`US. Patent No. 6,447,361 to Akiyama
`
`US. Patent No. 4,271,620 to Vicino
`
`US. Patent No. 6,644,843 to Chin—Cheng
`
`US. Patent No. 5,088,952 to Goldblatt
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`Claim Chart of Invalidity Contentions Under 35 U.S.C. §§101, 102, 103 and 112 for US.
`Patent No. 7,302,769
`
`1633512“
`
`4
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`SILLSOOSGO
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`

`

`
`
`Colting
`
`[—U.S. Patent No. 7,302,769
`to Machala
`
`
`
`U.S. Patent No. 5,125,177 to
`
`
`
` U.S. Patent No.
`U.S. Patent No.
`
`6,644,843 to Chin-
`6,764,201 to Chi-
`Cheng
`
`
`Cheng
`Air-filled displays and
`Inflatable figure assembly
`1nflatable device (col. 1, lines 27
`
`
`
`(Abstract).
`inflatable figure assembly
`and 60464).
`(col. 1, lines 5-37).
`
`
`
`
`
`1. A cold~air inflatable display
`comprising:
`
`a permeable fabric forming
`an inflatable figure with a
`hollow body;
`
`an interchangeable fan assembly
`for continusouly-blowing air
`into said hollow body, said fan
`assembly comprising:
`
`at least one fan,
`
`a housing for said fan secured
`to a piece of fabric having
`
`a male securing device
`disposed along a border of said
`standard-sized fabric for
`receipt by
`
`a female securing device
`disposed along a border ofa
`receiving opening joining
`said fan assembly to said
`permeable fabric through
`said receiving opening
`positioned on said hollow
`body above a surface-
`touching bottom to allow
`optimum airflow through
`said fan into said hollow
`body;
`
`a lighting arrangement extending
`through an interior portion of
`said hollow body, comprising:
`
`a power cord,
`
`at least one light fixture,
`including a light bulb with
`a protective cover, secured
`to said power cord and
`
`an electrical connector
`disposed at an end ofsaid
`ower cord matin with a
`
`
`
`“pliable shell contoured to a desired
`shape when inflated” (col. 1, lines
`16—18).
`
`Interchangeable fan assembly (Figs.
`1 and 2).
`
`Blower (col. 2, lines 24-25).
`
`Fan is attached to housing
`which is in turn zipped
`interchangeably into the
`inflatable device (Figure 2).
`
`Zipper (col. 3, line 12).
`
`Zipper surrounding the
`Bloweropening (col. 2, lines
`26-28).
`
`Position ofblower in use is
`above a surface touching
`bottom (Figs. 1 and 2).
`
`Position of blower in use is
`above a surface touching
`bottom (Figs.
`1 and 2).
`
`Position ofblower in use is
`
`
`
`Permeable fabrics such as
`Nylon (col. 1, lines 44—45).
`
`Interchangeable fan
`assembly with zippers (col.
`2, lines 10-28) provides
`continuous airflow (col. 3,
`lines 14-15).
`
`Base unit with
`continuously operating
`fan (Abstract),
`
`Fan has housing (Figs.
`3 and 4)
`“fabric ring” (col. 3,
`Lines 53-55).
`
`“First and second
`cooperating zipper
`portions" are present
`on the fabric ring and the
`figure body (col. 2, lines
`10-20). Zippers
`lnherently possess male
`and female securing
`devices.
`
`Power cord connected to
`Lighting (Fig. 2, col.
`18-19; Fig. 5).
`
`
`
`“sofi, permeable fabric"
`(col, 1, line 27; co]. 2,
`lines 5—6).
`
`Lighting system inside
`inflatable device (col. 1,
`lines 24-27).
`
`Power cord (col. 2, line
`21).
`
`Light fixtures having light
`bulbs (col. 2, line 22) that
`can be covered (col. 2,
`lines 23-31; Fig. 4).
`
`lntemal lighting is
`optionally provided
`(Abstract)
`Bulb unit has cover that
`Lighting system comprises
`can be used to “prevent
`direct contact between
`a power cord extending to
`an incandescent bulb and
`the fan (col. 3, lines 6—8).l
`
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`above a surface touching
`bottom (Figs. l and 2). Figs.
`1 and 2 indicate that this is
`Possible without distortion
`ofthe figure.
`
`the material of which
`[the display] is
`constnicted” (col. 4,
`lines 21-25).
`
`Electrical connector of
`decorative light string
`(col. 4, lines l8-l9)
`connected to electrical
`connector from fan
`assembly (Figs. 1—5).
`
`Power cord to external
`power source (col. 3,
`lines 44-46); Figs. 2 and
`4.
`
`Mere duplication ofthe essential
`working parts of a device involves
`only routine skill in the art.
`
`Fan assembly is secured into
`inflatable assembly via zipper;
`dimensions are the same (Fig. 2; col.
`2, lines 22—27).
`
`Fan assembly is secured into
`inflatable assembly via
`zipper; dimensions are the
`same col. 9-21 .
`
`Zipper is present, and inherently has
`male and female securing zippers
`(col. 2, lines 22-27; Fig. l),
`
`First and second cooperating
`zipper portions (col. 2, lines
`9-21) correspond to male and
`female zippers.
`
`
`
`connecting to power
`source (col. 3, line l).
`
` Fan has power cord for
`
`
`
`
`
`
`
`
`Air blower has a frame for securing
`connects
`Clamp member
`to the fabric holding the zipper
`base unit
`to zipper portion
`(Figs.
`1 and 2).
`(col. 3, lines 51-53).
`
`
`
`Inflatable device (col. 1, lines 27
`
`and 60-64).
`
`
`Pliable shell contoured to a desired
`
`
`shape when inflated (col. 1, lines 16-
`to
`
`
`Interchangeable fan assembly (Figs.
`
`
`
`
`
`second electrical connector
`extending form said fan
`assembly; and
`
`a second power cord extending
`from said fan for connection to a
`power source;
`
`wherein said interchangeable fan
`assembly is a lightweight
`assembly elevated above said
`surface—touching bottom of said
`hollow body without a base
`support and wrthoutdistorting
`said figure when said cold-air
`inflatable display is inflated.
`
`2. The cold-air inflatable display
`ofclaim l, further comprising
`three fans.
`
`3. The cold—air inflatable display
`of claim l, wherein said
`receiving opening has the same
`dimensions as the corresponding
`dimensions of said fan assembly.
`
`4. The cold—air inflatable display
`ofclaim 1, further comprising a
`zipper system having
`
`a male securing zipper and
`
`a female securing Zipper
`
`for joining said fan assembly to
`said permeable fabric.
`
`5. The cold-air inflatable display
`of claim 1, further comprising
`
`a fastening frame for securing
`said housing ofsaid fan to said
`piece of fabric.
`
`6. A cold-air inflatable display
`comprising:
`
`a permeable fabric forming
`an inflatable figure with a
`hollow body;
`
`an interchangeable fan
`assembly for continuously-
`blowing air into said hollow
`bod ,said fan assembl
`
`
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`comprising
`
` at least one fan,
`
`Blower (col. 2, lines 24-25).
`
`1 and
`
`
`
`Electrical connector at the end of the
`power cord (Fig. 1),
`
`
`
`
`
`an electrical connector
`disposed at an end ofsaid
`power cord
`
`mating with a second
`electrical connector
`extending from said fan
`assembly.
`
`
`8. The cold-air inflatable display
`of claim 6, further comprising
`three fans.
`
`a housing for said fan,
`
`t Fan is attached to housing which is
`
`l
`in turn zipped interchangeably into
`
`the inflatable device (Figure 2).
`
`a securing device
`
`disposed along a border
`Zipper (col. 3, line 12) allows for
`
`ofsaid housing for
`insertion of fan into side ofdisplay
`
`joining said {an
`via receiving opening positioned on
`assembly to said
`the side above a surface-touching
`permeable fabric
`bottom (Figs.
`1 and 2).
`
`through a receiving
`opening positioned on
`Zipper surrounding the blower
`
`said hollow body above
`opening (col. 2, lines 26-28). Power
`
`a surface-touching
`cord is connected to the fan (col. 2,
`bottom of said hollow
`line l2).
`body; and
`
`
`Lighting arrangement
`Lighting arrangement
`a lighting arrangement
`
`
`connected to fan (Figs.
`extending through interior
`extending through an interior
`
`
`portion of display (Figs. 1,
`5; col. 4, lines 18-25).
`portion of said hollow body,
`
`
`
`4 and 5; col. 1, lines 27-
`comprising a power cord
`
`
`connected to said fan and at
`3 1) connected to fan
`
`
`
`assembly and including
`least one lighting element
`
`
`
`bulbs (Fig. 1; col. 2, lines
`secured to said power cord;
`
`6—8 and 20-22).
`
`
`wherein said interchangeable
`
`
`
`Assembly is light~weight
`fan assembly is a lightweight
`
`
`
`(col. 1, lines 44—45).
`Assembly is light-weight
`Assembly is light-weight
`assembly elevated above said
`
`
`
`(throughout disclosure, and inherent
`surface-touching bottom of
`(throughout disclosure,
`
`
`
`in materials taught). Position of
`and inherent in materials
`said hollow body without a
`
`
`
`base support and without
`blower in use is above a surface
`taught).
`
`
`
`distorting said figure when
`touching bottom without base
`
`said cold-air inflatable
`support and without distortion (Figs.
`display is inflated.
`l and 2).
`
`
`7. The cold-air inflatable display
`
`ofclaim 6, fiarther comprising
`
`
`
`Electrical connector at end of
`Power cord connects
`
`
`power cord, mating with a
`lighting assembly to fan,
`second electrical connector
`which in turn connects to
`
`
`from fan assembly (col. 3,
`external power source
`
`
`
`lines 44-46).
`(claim l).
`
`
`
`
`Mere duplication oi‘the essential
`
`working part: of a device invoh es
`
`only routine skill in the art.
`
`
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`9. The coldoair inflatable display
`of claim 6,
`
`
`
`wherein said receiving opening
`has the same dimensions as the
`corresponding dimensions of
`said fan assembly.
`
`10. The cold—airinflatable
`display ofclaim 6, further
`comprising :
`
`a zipper system having a male
`securing zipper and female
`securing zipper forjoining said
`fan assembly to said permeable
`fabric.
`
`l l. The cold—air inflatable
`display of claim 6, further
`comprising :
`
`a fastening frame for securing
`said housing of said fan to said
`fabric.
`
`12. A method for interchanging
`a fan assembly for cold-air
`inflatable displays, comprising:
`
`unfastening a border of an
`interchangeable fan assembly
`from a permeable fabric
`along a receiving opening
`positioned on a first cold-air
`inflatable display above a
`surface-touching bottom of
`said display,
`
`said interchangeable fan
`assembly is a
`lightweight assembly
`elevated above said
`surface-touching bottom
`without a base support
`and without distorting
`said first cold—air
`inflatable display when
`said first cold—air
`inflatable display is
`inflated;
`
`removing an electrical
`connector extending from a
`fan of said interchangeable
`fan assembly from a second
`electrical connector of a
`
`l633512 vl
`
`inflatable assembly via zipper;
`dimensions are the same (Fig. 2; col.
`2, lines 22-27).
`
`Zipper is present, and inherently has
`male and female securing zippers for
`joining the parts (col. 2, lines 22-27;
`Fig. 1).
`
` Fan assembly is secured into
`
`Air blower has a frame for securing
`to the fabric holding the zipper
`(Figs. 1 and 2).
`
`Release/exchange of blower via
`unzipping zipper is described (col.
`2, lines 23-28).
`
`Zipper can be unzipped to release
`the fan, which sits above the
`surface-touching bottom (col. 2,
`lines 23-28; Figs.
`1 and 2).
`
`Assembly is light-weight
`(throughout disclosure, and inherent
`in materials taught). Position of
`blower in use is above a surface
`touching bottom without base
`support and without distortion (Figs
`l and 2).
`
`“[R]eleasable securernent” is taught
`(col. 2, lines 26-28; Figs. 1 and 2),
`
`Fan assembly is secured into
`inflatable
`assembly
`via
`zipper; dimensions are the
`same (col. 9-21).
`
`“first and second cooperating
`zipper portions (col. 2, lines
`9-21) correspond to male and
`female zippers.
`
`Clamp member connects
`base unit to zipper portion of
`had section (col. 3, lines 5 l-
`53).
`
`
`
`
`
`Electrical connector at end
`of power cord, mating with a
`second electrical connector
`from fan assembly (col. 3,
`lines 44—46 . Se-aration of
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`
`
`Zipper can be zipped to insert the
`fan, which sits above the surface—
`touching bottom (col. 2, lines 23-28;
`Figs.
`1 and 2),
`
`Assembly is light—weight
`(throughout disclosure, and inherent
`in materials taught). Position of
`blower in use is above a surface
`touching bottom without base
`support and without distortion (Figs.
`1 and 2).
`
`the two would be expected to
`occur when interchanging
`the blower.
`
`Based on teaching of fan
`interchangeability (Fig. 4,
`col. 2, lines 1021), method
`steps are taught.
`
`Assembly is light-weight
`(throughout disclosure, and
`inherent in materials taught).
`Position ofblower in use is
`above a surface touching
`bottom without base support
`and without distortion (Figs.
`1 and 2).
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Zipper can be both zipped and
`unzipped to release the fan, which
`sits above the surface—touching
`bottom ((col. 2, lines 23-28; Figs. 1
`and 2).
`
`
`
`
`
`power cord ofa lighting
`arrangement of said first
`cold-air inflatable display;
`
`connecting said electrical
`connector to a second power
`cord ofa second lighting
`arrangement ofa second
`cold-air inflatable display;
`and
`
`fastening said border of said
`interchangeable fan assembly
`to a second permeable fabric
`along a second receiving
`opening positioned on said
`second cold-air inflatable
`display above a surface-
`touching bottom of said
`display,
`
`said interchangeable fan
`assembly is a
`lightweight assembly
`elevated above said
`surface—touching bottom
`without a base support
`and without distorting
`said second cold-air
`inflatable display when
`said second cold-air
`inflatable display is
`inflated.
`
`said unfastening step
`comprises unzipping a
`male securing zipper
`from a female securing
`zipper along said
`receiving opening
`
`
`
`
`
`
`13. The method ofclaim 12,
`
`wherein
`
`
`
`
`
`
`
`
`and said fastening step
`
`comprises zipping said
`
`male securing zipper
`
`together with a female
`
`securing zipper along a
`
`second receiving
`
`opening.
`
`
`
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`U.S. Patent No. 7,302,769 to Machala
`
`Invalidity Bases Under 35 U.S.C. §§101 and 112
`
`
`
`1. A cold—air inflatable display comprising:
`
`a permeable fabric forming an inflatable figure
`with a hollow body;
`
`an interchangeable fan assembly for
`continuously-blowing air into said hollow body,
`said fan assembly comprising
`
`at least one fan,
`
`a housing for said fan secured to a piece of
`fabric having
`
`a male securing device disposed along
`a border of said standard-sized fabric
`for receipt by
`
`a female securing device disposed
`along a border of a receiving opening
`joining said fan assembly to said
`pem'ieable fabric through said
`receiving opening positioned on said
`hollow body above a surface-touching
`bottom to allow optimum airflow
`through said fan into said hollow body;
`
`a lighting arrangement extending through an
`interior portion of said hollow body, comprising
`
`a power cord,
`
`at least one light fixture, including a light
`bulb with a protective cover, secured to
`said power cord and
`an electrical connector disposed at an end
`of said power cord mating with a second
`electrical connector extending from said
`fan assembly; and a second power cord
`extending from said fan for connection to a
`power source;
`wherein said interchangeable fan assembly
`is a lightweight assembly elevated above
`said surface-touching bottom of said
`hollow body without a base support and
`without distorting said figure when said
`cold-air inflatable display is inflated.
`
`1
`
`This claim is invalid and unenforceable since it does not adequately
`show utility over the prior art. The claim is indefinite, lacks written
`description and is overbroad.
`
`The phrase “interchangeable fan assembly” is indefinite and lacks
`written description.
`
`The phrase “secured to a piece of fabric” is indefinite and lacks
`written description.
`The phrase “male securing device” is indefinite and lacks written
`description.
`
`The phrase “female securing device" is indefinite and lacks written
`description. The phrase “optimum airflow” is indefinite and lacks
`written description.
`
`The phrase “mating with” lacks written description.
`
`
`
`
`
`
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`
`
`TThe cold—air inflatable display of claim 1,
`further comprising three fans.
`
`3. The cold-air inflatable display ofclaim 1,
`wherein said receiving opening has the same
`dimensions as the corresponding dimensions of
`said fan assembly.
`
`4. The cold-air inflatable display of claim 1,
`further comprising a zipper system having
`
`a male securing zipper and
`
`a female securing zipper
`
`forjoining said fan assembly to said permeable
`
`fabric.
`5. The cold-air inflatable display of claim 1,
`further comprising
`
`
`
`
`This claim is invalid and unenforceable since it does not adequately
`show utility over the prior art. The claim is indefinite, lacks written
`description and is overbroad.
`
`This claim is invalid and unenforceable since it does not adequately
`show utility over the prior an. The claim is indefinite, lacks written
`description and is overbroad. The phrase “corresponding
`dimensions of said fan assembly" is indefinite and lacks written
`description.
`
`This claim is invalid and unenforceable since it does not adequately
`show utility over the prior art. The claim is indefinite, lacks written
`description and is overbroad.
`
`This claim is invalid and unenforceable since it does not adequately
`show utility over the prior art. The claim is indefinite, lacks written
`description and is overbroad.
`
`This claim is invalid and unenforceable since it does not adequately
`Show utility over the prior art. The claim is indefinite, lacks written
`description and is overbroad.
`
`The phrase “interchangeable fan assembly” is indefinite and lacks
`written description.
`
`The phrase “securing device” is indefinite and lacks written
`description.
`
`
`
`
`
`a fastening frame for securing said housing of
`said fan to said piece of fabric.
`
`6. A cold-air inflatable display comprising:
`
`a permeable fabric forming an inflatable figure
`with a hollow body;
`
`an interchangeable fan assembly for
`continuously-blowing air into said hollow body,
`said fan assembly comprising
`
`at least one fan,
`
`a housing for said fan,
`
`a securing device disposed along a border
`ofsaid housing forjoining said fan
`assembly to said permeable fabric through
`a receiving opening positioned on said
`hollow body above a surface-touching
`bottom of said hollow body; and
`
`a lighting arrangement extending through an
`interior portion of said hollow body, comprising
`a power cord connected to said fan and at least
`one lighting element secured to said power
`cord;
`
`i
`
`wherein said interchangeable fan assembly is a
`
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`
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`mating with a second electrical connector
`extending from said fan assembly.
`
`
`8. The cold-air inflatable display ofclaim 6,
`further comprising three fans.
`
`F9. The cold-air inflatable display of claim 6,
`
`10. The cold—air inflatable display of claim 6,
`further comprising
`
`a fastening frame for securing said housing of said
`fan to said fabric.
`
`
`
`
`
`
`
`
`This claim is invalid and unenforceable since it does not adequately
`show utility over the prior art. The claim is indefinite, lacks written
`description and is overbroad.
`
`
`
`a zipper system having a male securing zipper and
`female securing zipper forjoining said fan
`assembly to said permeable fabric.
`. W
`i
`.
`.
`
`
`11. The cold—air inflatable display ofclaim 6,
`This claim is invalid and unenforceable Since it does not adequately
`further comprising
`Show utility over the prior art. The claim is indefinite, lacks written
`
`description and is overbroad.
`
`
`
`
`
`
`12. A method for interchanging a fan assembly for
`This claim is invalid and unenforceable since it does not adequately
`
`cold»air inflatable displays, comprising:
`
`show utility over the prior art. The claim is indefinite, lacks written
`
`description and is overbroad.
`
`
`
`The phrase “interchangeable fan assembly” is indefinite and lacks
`unfastening a border of an interchangeable fan
`written description.
`assembly from a permeable fabric along a
`
`
`receiving opening positioned on a first cold-air
`inflatable display above a surface-touching
`
`
`bottom of said display,
`
`
`said interchangeable fan assembly is a
`
`lightweight assembly elevated above said
`
`surface-touching bottom without a base
`
`support and without distorting said first
`cold-air inflatable display when said first
`
`light-weight assembly elevated above said
`surface-touching bottom of said hollow body
`without a base support and without distorting
`said figure when said cold—air inflatable display
`is inflated.
`
`
`7. The cold—air inflatable display ofclaim 6,
`further comprising
`
`an electrical connector disposed at an end of
`said power cord
`
`
`
` This claim is invalid and unenforceable since it does not adequately
`show utility over the prior art. The claim is indefinite, lacks written
`description and is overbroad.
`The phrase “mating with” lacks written description.
`
`
`
`
`This claim is invalid and unenforceable since it does not adequately
`show utility over the prior art. The claim is indefinite, lacks written
`description and is overbroad.
`The phrase “same dimensions as the corresponding dimensions of
`wherein said receiving opening has the same
`said fan assembly” is indefinite and lacks written description.
`dimensions as the corresponding dimensions of
`said fan assembly.
`
`
`
`
`This claim is invalid and unenforceable since it does not adequately
`show utility over the prior art. The claim is indefinite, lacks written
`description and is overbroad.
`
`
`
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`cold-air inflatable display is inflated;
`
`
`
`removing an electrical connector extending
`
`from a fan of said interchangeable fan assembly
`From a second electrical connector ofa power
`cord ofa lighting arrangement ofsaid first cold-
`air inflatable display;
`
`
`
`
`
`connecting said electrical connector to a second
`power cord of a second lighting arrangement of
`a second cold-air inflatable display; and
`
`fastening said border of said interchangeable
`fan assembly to a second permeable fabric
`along a second receiving opening positioned on
`said second cold-air inflatable display above a
`surface-touching bottom of said display,
`
`said interchangeable fan assembly is a
`lightweight assembly elevated above said
`surface-touching bottom without a base
`support and without distorting said second
`cold-air inflatable display when said
`second cold-air inflatable display is
`
`inflated.
`
`
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`Claim Chart of Invalidity contentions Under 35 U.S.C. §§101, 102, 103 and
`112 for US. Patent No. 7,216,446
`
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` U.S. Patent No.
`7,216,446 to
`Machala
`I. An inflatable display
`comprising:
`
`
`
`a first inflatable
`companment;
`
`a second inflatable
`compartment
`including
`
`a statically
`inflated portion
`and
`
`a dynamically
`inflated portion;
`
`a first fan element
`providing a
`continuous air flow
`to inflate the first
`inflatable
`compartment and the
`statically inflated
`portion ofsaid
`second inflatable
`compartment; and
`
`a second fan element
`providing a periodic
`air flow to inflate and
`deflate the dynamic
`inflated portion of
`said second inflatable
`compartment.
`
`
`
`U.S. Patent No.
`U.S. Patent No.
`U.S. Patent
`
`
`
`U.S. Patent No.
`
`
`6,447,361 to
`4,271,620 to Vicino
`No. 6,644,843
`5,088,952 to
`
`
`
`
`
`Aki ama
`Goldblatt
`to Chin-Chen_
`
`
` Inflatable display
`
`
`Inflatable display (col.
`Inflatable display
`
`
`1, lines 19-24).
` (Abstract). (Abstract).
`
`
`
`lnflatable beer can in
`
`Inside structure 5 (col.
`
`
`4, lines 44—49).
`billboard display (Fig. l).
`
`
`
`Balloon robot main
`Inflatable hand in
`
`
`
`body (col. 4, line 51).
`billboard display (Fig. l),
`
`
`
`including
`
`
`Robot main body
`
`
`minus arms (Fig. l). Portion of hand that stays
`
`
`inflated (col. 4, lines 24-
`
`
`
`Arms (col. 3, lines ll-
`26).
`
`
`
`12 col. 5, lines 9-11
`
`
`Portion of hand that
`col. 7, lines 29-33).
`
`
`
`“crushes” beer can (col.
`
`4, litres 24-28).
`“Inside stmcture air
`
`
`
`blower” (Fig. l).
`
`
`First blower 38 (col. 3,
`
`
`lines l-l7).
`
`
`“Outline forming air
`
`blower” (Fig. l)used
`
`Bi~directional blower 39
`in conjunction with an
`
`
`
`can draw air in from
`“air pressure driving
`
`
`
`outside, or suck air out of
`apparatus for bending
`
`
`
`predetermined portions
`chamber (col. 3, lines ll—
`
`
`ofthe balloon robot
`17).
`
`
`main body (col. 4,
`
`
`lines 4 l —44) to “stretch
`
`or slacken” the
`
`movement of the
`
`inflatable figure,
`
`
`providing an air supply
`
`"for switching between
`supplying air. .
`. and
`
`exhausting air” (col. 5,
`
`lines lI-I6).
`
`
`
`
`2. The inflatable display
` Teaches ballast element
`
`ofclaim I, wherein the
`
`(col. 2, lines 22-27).
`
`second inflatable
`
`compartment is
`configured with at least
`
`one ballast element.
`
`
`3. The inflatable display
`
`An “internally
`ofclaim 2, wherein at
`
`
`attached lighting
`least one illumination
`
`system” (Abstract;
`
`module is disposed
`col. 2, lines 20-22;
`within the first inflatable
`
`Figs. 1,4 and 5).
`
`corn . artment
`
`
`
`
`
`
`
`
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`4. The inflatable display
`ofclaim 3, wherein at
`least one illumination
`module Is disposed
`within the second
`inflatable compartment.
`
` S. The inflatable display
`
`ofclaim 4, wherein the
`illumination modules are
`operatively connected to
`one fan element.
`
`6. The inflatable display
`ofclaim 5, wherein the
`fan elements are situated
`within the inflatable
`display.
`
`7. The inflatable display
`ofclaim 6, wherein the
`second inflatable
`compartment includes an
`extension portion.
`
`8. The inflatable display
`ofclaim 5, wherein the
`fan elements are secured
`to the inflatable display.
`
`9. The inflatable display
`ofclaim 2, wherein the
`ballast element is
`attached to a dynamic
`inflatable portion ofthe
`second inflatable
`compartment to assist in
`deflating the portion.
`
`10. The inflatable
`display ofclaim 9,
`wherein the second fan
`element is configured to
`operate for an initial
`predetermined length of
`time that is longer than a
`periodic operational
`airflow frequency.
`
`4
`
`
`
`
`
`Main robot body has
`allowance portions Al
`to A4 (col. 7, lines 48-
`55;Hgsl,2and9)
`
`
`An “intemally
`attached lighting
`
`
`
`system" (Abstract;
`
`
`col. 2, lines 20-22;
`Figs. l, 4 and 5).
`
`
`Both a fan and
`
`lighting
`
`arrangement are
`connected through
`interior ofthe
`
`
`display (Figs. 1
`
`
`and 3).
`
`Both air blowers are
`
`
`situated within the
`
`
`inflatable display (the
`hand) (Fig. 6; col. 3, lines
`4-17).
`
` “Tongue shaped
`
`extensions“ made of
`
`
`pliable plastic material
`
`
`(col. 6, lines 45-47).
`
`Further extensions in
`
`various embodiments
`
`
`(col. 5, lines 6~7).
`
`Fan elements are
`Both air blowers are
`
`
`
`attached to the
`secured to the inflatable
`
`
`inflatable device (col.
`display (col. 3, lines l-l7;
`
`
`
`2, lines 13-48; Figs. 1,
`Fig. 6).
`
`
`
`9 and 10).
`
`
`Teaches ballast element
`
`
`(col. 2, lines 22-27).
`
`
`
`
`Control system
`Control system disclosed
`
`
`
`disclosed (col. 6, lines
`(col. 9, lines 6-53; Fig. 9)
`
`
`
`47'6l; Figs. 1 and 3) is
`is capable ofbeing
`
`
`
`capable ofbeing
`variable, and can rely on
`predetermined
`variable, and can rely
`
`
`
`information.
`on predetermined
`
`
`
`information (col. 6,
`
`
`lines 47—56).
`
`
`
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` II. The inflatable
`
`Air from balloon robot
`
`
`Air can escape through
`display ofclaim I,
`
`outline is discharged
`“bleeding holes” (col. l,
`wherein the second
`
`
`
`line 50).
`through ventilating
`
`inflatable compartment
`
`
`hole and air flowing
`hole in
`is configured with at
`
`least one exhaust port.
`discharge/suction
`
`selector valve device
`(col. 5, lines 42-61;
`
`Figs. 3—8).
`
`12‘ The inflatable
`Inside structure air
`
`
`
`Intake orifice opens into a
`display ofclaim I,
`blower provides air
`pair ofducts, the first of
`
`
`
`further comprising at
`which leads to air blower
`into inflatable display
`
`least one air intake tube
`
`
`(col. 4, lines 36-59).
`
`that draws ambient air
`
`
`associated with said first
`
`into first chamber (col. 3,
`fan element and said first
`
`lines 8—12).
`inflatable compartment.
`
`
`F.
`
`l3. The inflatable
`
`
`Outline forming air
`
`
`Intake orifice opens into a
`
`display ofclaim l2,
`blower provides air
`pair ofducts, the second
`
`
`
`further comprising at
`of which leads to air
`into inflatable display
`
`least one second air
`
`
`blower that draws
`(col. 4, lines 36-59).
`
`intake tube associated
`
`
`ambient air into second
`with said second fan
`
`chamber (col. 3, lines I3-
`element and said second
`
`
`[8).
`
`inflatable compartment.
`
`
`
`I4. The inflatable
`
`
`
`Outline forming air
`display ofclaim I,
`blower provides air
`
`
`
`fiirther comprising at
`into inflatable display
`
`least one air intake tube
`
`
`(col. 4, lines 3659).
`
`associated with said
`
`
`second fan element and
`
`
`said second inflatable
`comartment
`
`IS. The inflatable
`Control system
`
`
`
`Control system disclosed
`
`display ofclaim 1,
`disclosed (col. 6, lines
`
`
`
`(col. 9, lines 653; Fig. 9)
`
`wherein the periodic air
`47—61; Figs. land 3) is
`
`is capable ofbeing
`
`flow to inflate and
`
`
`capable of being
`
`variable, and can rely on
`variable.
`
`deflate is controlled by a
`
`
`predetermined
`variable controller.
`
`
`information,
`
`
`
`Control system can
`Control system disclosed
`
`
`rely on predetermined
`
`
`
`(col. 9, lines 6-53; Fig. 9)
`information (col. 6,
`
`
`is capable ofbeing
`
`lines 47-56).
`
`
`variable, and can rely on
`predetermined
`
`information.
`
` 17. An inflatable display
`Inflatable display (col.
`
`
`Inflatable display
`comprising:
`
`l, lines 19-24).
`(Abstract).
`
`
`
`
`at least one first
`Inside structure filled
`First inflatable
`
`
`
`inflatable
`by filling pressurized
`compartment shaped like
`companment
`
`
`gas at high
`a beer mug and
`
`continuously inflated
`temperature (col. 4,
`continuously inflated
`
`
`
`by a first fan element;
`
`lines 44—49).
`
`(col. 6, lines 36-37).
`and
`
`
`
`Balloon robot main
`
`