IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Inventors:
`
`Damon Oliver Casati Troutman
`
`Edward B. Bretschger
`
`US. Patent No. D604970
`For: Exposed legs for a play yard
`Filed: December 15, 2005
`Issued: December 1, 2009
`
`and
`
`U.S. Patent No. D616,231
`
`For: Exposed legs for a play yard
`Filed: July 8, 2009
`Issued: May 25, 2010
`
`\/%/\&%%\J%\../\/\/\./£\/\./%/
`
`1
`'
`—
`nter Partes Review IPR2016 00816
`and
`
`Inter Partes Review IPR2016-00826
`
`RULE 131 DECLARATION OF DAMON OLIVER CASATI
`TROUTMAN AND EDWARD B. BRETSCHGER
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`We, Damon Oliver Casati Troutman and Edward B. Bretschger, hereby declare and state:
`
`1.
`
`We are the named inventors of U.S. Patent No. D604,970 and U.S. Patent No.
`
`D616,231 (“the design patents”).
`
`2.
`
`We are advised that U.S. Patent No. D604,970 is a divisional application of U.S.
`
`Patent No. D534,381, and that U.S. Patent No. D616,231 is a continuation of U.S. Patent No.
`
`D604,970. On July 18, 2006, during the prosecution history of the U.S. Patent No.
`
`D534,381, we swore the design claimed in U.S. Patent No. D534,381 was invented prior to
`
`January 2, 2004 to overcome a rejection based on U.S. Patent No. 6,859,957 issued to Chen.
`
`-1/4-
`
`
`
`Inventors:
`
`Damon Oliver Casati Troutman
`
`Edward B. Bretschger
`
`US. Patent No. D604970
`For: Exposed legs for a play yard
`Filed: December 15, 2005
`Issued: December 1, 2009
`
`and
`
`U.S. Patent No. D616,231
`
`For: Exposed legs for a play yard
`Filed: July 8, 2009
`Issued: May 25, 2010
`
`\/%/\&%%\J%\../\/\/\./£\/\./%/
`
`1
`'
`—
`nter Partes Review IPR2016 00816
`and
`
`Inter Partes Review IPR2016-00826
`
`RULE 131 DECLARATION OF DAMON OLIVER CASATI
`TROUTMAN AND EDWARD B. BRETSCHGER
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`We, Damon Oliver Casati Troutman and Edward B. Bretschger, hereby declare and state:
`
`1.
`
`We are the named inventors of U.S. Patent No. D604,970 and U.S. Patent No.
`
`D616,231 (“the design patents”).
`
`2.
`
`We are advised that U.S. Patent No. D604,970 is a divisional application of U.S.
`
`Patent No. D534,381, and that U.S. Patent No. D616,231 is a continuation of U.S. Patent No.
`
`D604,970. On July 18, 2006, during the prosecution history of the U.S. Patent No.
`
`D534,381, we swore the design claimed in U.S. Patent No. D534,381 was invented prior to
`
`January 2, 2004 to overcome a rejection based on U.S. Patent No. 6,859,957 issued to Chen.
`
`-1/4-
`
`
`
`3.
`
`We are advised that on October 3, 201 6 the United Stated Patent Trial and Appeal
`
`Board instituted review ofthe design patents in lnter Partes Reviews lPR20l6-00816 and
`
`IPRZOI6-00826 based, at least in part, on U.S. Patent D494,393 (“the Chen Patent”). The
`
`Chen Patent was filed in the USPTO on January 7, 2004, and issued on August 17, 2004. We
`
`are advised that the January 7, 2004 US filing date is the earliest date upon which the Chen
`
`Patent can potentially be prior art to the design patents, and, thus, that date (January 7, 2004)
`
`will be referenced in the following paragraphs.
`
`4.
`
`We invented the design claimed in the design patents, in the United States, prior to
`
`the January 7, 2004 earliest effective filing date of the Chen Patent. For example, Exhibit A
`
`is a sketch of a playard we prepared dated
`
`, a date prior to January 7, 2004.
`
`Exhibit B is a collection ofplayard rail images we created using Solidworks computer aided
`
`design software. The images of Exhibit B were created between
`
`and
`
`, both dates prior to January 7, 2004. Exhibits C and D are sketches
`
`illustrating our inventive design. Exhibits C and D were created on _k___, a date
`
`prior to January 7, 2004. Exhibit E is a photograph of a prototype of a playard we had
`
`constructed. The photograph is dated
`
`, a date prior to January 7, 2004. Exhibit
`
`F is another photograph of the prototype playard of Exhibit E, but with the enclosure
`
`mounted to the playard frame. The photograph of Exhibit F is dated ___, a date prior
`
`to January 7, 2004. Exhibit G, which is dated
`
`, a date prior to January 7,
`
`2004, is a set of instructions we prepared explaining how to assemble the prototype of
`
`Exhibit E and F.
`
`5.
`
`As shown in Exhibits A-G, we had conceived of and reduced to practice the designs,
`
`in the United States, prior to January 7, 2004, the earliest effective filing date of the earliest
`
`-2/4-
`
`
`
`Chen Patent. As shown in Exhibits A-G, we conceived of and reduced to practice a portable
`
`playard with legs having pronounced outward bowing (e.g., Exhibits B, C, E, G), a slighy
`
`outward flaring at the top (e.g., Exhibits B, C, D, and G), and outward surface of each of the
`
`posts is substantially exposed (e.g., Exhibits A, G step 8).
`
`6.
`
`Further, we had a s_ego_rgl reduction to practice of the designs shortly after January 7,
`
`2004 as shown in Exhibit H. Exhibit H is a collection ofphotogrpahs taken between January
`
`26, 2004 and January 30, 2004 that show the show our second prototype.
`
`7.
`
`Our efforts to reduce the invention of the design patents to practice were continuous
`
`and diligent. This project was one of our primary focuses working for our employer Kolcrafi
`
`Enterprises, the assignee of this invention, from the time of our conception of the invention
`
`and first reduction to practice documented by Exhibits A-G until and through the second
`
`reduction to practice documented in Exhibit H. We diligently worked on this project_for a
`
`time frame that includes the time before January 7, 2004 and up through the second
`
`reduction to practice, and there was no time period in which we stopped our professional
`
`efforts to reduce the invention to practice. Thus, we made the invention of the design patents
`
`prior to the Chen Patent because we conceived of our invention and reduced it to practice
`
`prior to January 7, 2004, and, as demonstrated by the multiple prototypes and schetches
`
`documented in Exhibits B-H, we diligently worked to reduce the claimed inventions to
`
`practice a second time until we accomplished the same shortly after the earliest effective
`
`filing date of the Chen Patent. Therefore, the Chen Patent is not prior art to U.S. Patent No.
`
`D604,970 or U.S. Patent No. D616,231.
`
`-3/4-
`
`
`
`8.
`
`We understand that willful and false statements and the like are punishable by a fine
`
`and/or imprisonment under 18 U.S.C. § 1001, and that such willful false statement may
`
`jeopardize the validity of the design patents.
`
`
`
`Date: 11- 1:] -\b
`
`By:
`
`Edward B. Bretschger
`
`-4/4-
`
`
`
`EXHIBIT A
`
`
`
`
`
`EXHIBIT B
`
`
`
`
`
`
`
`EXHIBIT C
`
`
`
`
`
`EXHIBIT D
`
`
`
`
`
`EXHIBIT E
`
`
`
`
`
`EXHIBIT F
`
`
`
`
`
`EXHIBIT G
`
`
`
`Please note: The assembly of the prototype is not intended for production, this prototype
`is very fragile and needs to be reinforced to stand up.
`
`Communication is Very important to judge how the production sample will be made.
`
`Thank you.
`
`Here are some images to help explain how to set up the sample.
`
`Please note:
`
`The guide wires, foot
`material overlap & solid
`floor are NOT intended
`
`for production only for the
`foam prototype.
`
`Set up the floor to the
`playard on a flat surface
`as seen here.
`
`
`
`Sorry for the
`poor picture.
`
`These caps
`have the same
`geometry
`
`These caps
`have the same
`geometry
`
`Step 2.
`
`Install the legs in to the feet and screw
`into place. (note one leg has a screw in
`the top. . .place it with the foot made
`with softer foam and less detail)
`
`Then set the comer caps on top ofthe
`legs. (they are very delicate)
`
`I forgot to indicate where which caps
`went (again sorry) You will have to
`figure this out.
`The one corner cap that has softer foam
`and a broken edge goes with the leg that
`has a screw in it which is used to keep
`the corner cap at the proper height.
`
`Please note there are two types of
`corner caps (2 lcfl and 2 right)
`
`Hope this helps please contact me with
`questions.
`
`Raise the loose soft goods
`up to the top of the legs
`and tie off the loose fabric
`
`to the legs.
`
`This is a temporary
`holding location, once the
`top rails are in place you
`can untie and retie the
`
`straps to tighten up the
`
`sofigoods.
`
`
`
`Carefillly install the end
`rails into the corner caps.
`
`-
`
`' Step 5.
`
`Carefully install the side
`
`rails into the corner caps.
`
`
`
`Step 6.
`
`l at a time carefiilly rotate
`side rails and end rails
`
`upward until a rivet can be
`" pushed through the comer
`cap holes to hold the rails
`in place.
`
`Step 7.
`
`Stretch the loose mesh out
`
`-
`
`to meet the legs.
`
`I Wrap it around until tight
`as seen in the picture and
`tape in place with grey
`
`tape
`
`
`
`
`
`Step
`
`Place the foam leg covers over the
`metal legs. (note the short cover goes
`with the softer foam corner cap and
`foot)
`
`
`
`l slip the base ofthe cover into
`and behind the foot
`
`2 hinge the top of the cover into
`place just under the corner cap
`
`
`
`
`
`Note: (the cover is only intended for the
`prototype, we desire an oval tube for
`
`the legs in production.)
`3 tie a wire around the middle of
`First insert the cover into and behind
`each leg to hold it in place
`the foot, then hinge the top of the cover
`into place just under the corner cap.
`
`
`
`
`
`Hold in place by wrapping a thin wire
`around the middle of each leg.
`
` This completes the assembly, thanks for your understanding and
`patience in my instructions.
`
`
`
` Note: Move the playard by the base only to avoid damaging the corner
`caps.
`
`Thank you.
`
`
`
`EXHIBIT H
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