Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 10
`Entered: October 18, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MARKER VOLKL USA, INC.,
`Petitioner,
`
`v.
`
`KNEEBINDING, INC.,
`Patent Owner.
`_______________
`
`Case IPR2017-01265
`Patent 8,955,867 B2
`_______________
`
`Before MICHAEL W. KIM, PATRICK R. SCANLON, and
`MATTHEW S. MEYERS, Administrative Patent Judges.
`
`MEYERS, Administrative Patent Judge.
`
`
`
`
`DECISION
`Decision Instituting Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`
`Tel: 571-272-7822
`
`
`Paper 10
`Entered: October 18, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MARKER VOLKL USA, INC.,
`Petitioner,
`
`v.
`
`KNEEBINDING, INC.,
`Patent Owner.
`_______________
`
`Case IPR2017-01265
`Patent 8,955,867 B2
`_______________
`
`Before MICHAEL W. KIM, PATRICK R. SCANLON, and
`MATTHEW S. MEYERS, Administrative Patent Judges.
`
`MEYERS, Administrative Patent Judge.
`
`
`
`
`DECISION
`Decision Instituting Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`
`
`IPR2017-01265
`Patent 8,955,867 B2
`
`
`I.
`
`INTRODUCTION
`Background
`A.
`Marker Volkl USA, Inc. (“Petitioner”) filed a Petition requesting inter
`partes review of claims 1 and 4–9 of U.S. Patent No. 8,955,867 B2
`(Ex. 1001, “the ’867 Patent”). Paper 1 (“Pet.”). Kneebinding, Inc. (“Patent
`Owner”) filed their Mandatory Notices in response to the Petition for Inter
`Partes Review (Paper 5), but did not file an optional Preliminary Response.
`See 37 C.F.R. § 42.107 (“The patent owner may file a preliminary response
`to the petition.”) (emphasis added).
`We have authority under 35 U.S.C. § 314, which provides that an
`inter partes review may not be instituted unless the information presented in
`the Petition shows “there is a reasonable likelihood that the petitioner would
`prevail with respect to at least 1 of the claims challenged in the petition.” 35
`U.S.C. § 314; see also 37 C.F.R. § 42.4(a). Upon consideration of the
`Petition, we are persuaded that Petitioner has met its burden of showing a
`reasonable likelihood that it would prevail in showing that claims 1 and 4–9
`of the ’867 Patent are unpatentable.
`
`Related Proceedings
`B.
`Petitioner and Patent Owner identify that the’867 Patent is involved in
`Kneebinding, Inc. v. Marker Volkl USA, Inc., Case No. 2:15-cv-121-wks (D.
`Vt.). Pet. 3; Paper 5, 2. Petitioner and Patent Owner also identify several
`patents and patent applications related to the ’867 Patent. Pet. 3; Paper 5, 2.
`
`The ’867 Patent
`C.
`The ’867 Patent relates generally “to alpine ski bindings and, in
`particular, to multi-directional release alpine ski binding heel units that
`release in the vertical and lateral directions.” Ex. 1001, 1:18–20. Figure 1
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`Patent 8,955,867 B2
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`illustrates a side view of the alpine ski binding heel unit of the ’867 Patent,
`and is set forth below.
`
`
`
`Figure 1 is a side view of the alpine
`ski binding heel unit.
`As shown above in Figure 1, ski binding heel unit 100 includes upper
`heel housing 16, lower heel housing 27, heel pad 13, lateral release 340,
`interface support 330, and vector decoupler mechanism 60. Ex. 1001, 1:53–
`55. Figure 2 is a more detailed side view of the ski binding heel unit 100 of
`the ’867 Patent and is set forth below.
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`Figure 2 is a more detailed side view of
`the alpine ski binding heel unit 100.
`As shown above, ski binding heel unit 100 further depicts that upper
`heel housing 16 includes pivot rod 18, cam surfaces 19a and 19b, stem
`section 17b, lateral release cam assembly 17, vertical release cam follower
`20, vertical release spring 21, threaded cap 22, window 24, polymer piece
`25, surface 26, region 33, and heel cup assembly 47. Ex. 1001, 1:59–64.
`
`Illustrative Claim
`D.
`Independent claim 1, the only independent claim, is reproduced
`below:
`
`1. A vector decoupling assembly for separating and
`isolating two or more force vectors applied to a safety binding
`securing a heel portion of a ski boot to a ski, comprising:
`a lower heel assembly attached to the ski;
`an upper heel assembly coupled to the lower heel assembly
`and having a lateral release assembly for applying lateral
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`securing pressure to the ski boot, the upper heel assembly
`comprising an upper heel housing that is configured to compress
`the heel portion of the ski boot downward;
`a linkage element fixedly attached to the lateral release
`assembly;
`wherein the linkage element, a first surface and a second
`surface cooperate to limit motion of the lateral release assembly
`to within a predetermined region within a plane defined by the
`longitudinal and horizontal axes of the ski.
`Asserted Grounds of Unpatentability
`E.
`Petitioner challenges claims 1 and 4–9 on the following grounds.
`
`Reference(s)
`
`Basis
`
`Challenged Claims
`
`DE ’298 1
`Boussemart2 and DE ’298
`
`§ 102(b)
`§ 103(a)
`
`1 and 4–9
`1 and 4–9
`
`
`
`To support its Petition, Petitioner proffers a Declaration of Jasper
`Shealy Ph.D. Ex. 1006.
`
`II. ANALYSIS
`Claim Construction
`A.
`In an inter partes review, a claim in an unexpired patent shall be given
`its broadest reasonable construction in light of the specification of the patent
`in which it appears. 37 C.F.R. § 42.100(b); see also Cuozzo Speed Techs.,
`LLC v. Lee, 136 S.Ct. 2131, 2142 (2016) (affirming that USPTO has
`
`
`1 German Published Patent Application No. 23 64 298, published June 26,
`1975 (Ex. 1008; “DE ’298”). Unless indicated otherwise, all subsequent
`citations to DE ’298 in this decision refer to its English language translation,
`which is Exhibit 1004.
`2 U.S. Patent No. 4,553,772, issued Nov. 19, 1985 (Ex. 1005;
`“Boussemart”).
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`statutory authority to construe claims according to 37 C.F.R. § 42.100(b)).
`Under the broadest reasonable construction standard, claim terms are
`generally given their ordinary and customary meaning, as would have been
`understood by one of ordinary skill in the art in the context of the entire
`disclosure. In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir.
`2007). Any special definition for a claim term must be set forth in the
`specification with reasonable clarity, deliberateness, and precision. In re
`Paulsen, 30 F.3d 1475, 1480 (Fed. Cir. 1994). We must be careful not to
`read a particular embodiment appearing in the written description into the
`claim if the claim language is broader than the embodiment. In re Van
`Geuns, 988 F.2d 1181, 1184 (Fed. Cir. 1993). For the purposes of this
`Decision, Petitioner asserts, and we agree, that no claim term requires
`express construction at this time. See Vivid Techs., Inc. v. Am. Sci. & Eng’g,
`Inc., 200 F.3d 795, 803 (Fed. Cir. 1999) (“[O]nly those terms need be
`construed that are in controversy, and only to the extent necessary to resolve
`the controversy.”).
`
`Level of Skill in the Art
`B.
`Regarding the level of skill in the art, Petitioner asserts:
`a POSA in the February 18, 2003 timeframe would be an
`individual with a Bachelor’s degree in mechanical engineering
`or related technology and three to five years of experience in
`either the design, fabrication, or manufacture of ski bindings and
`related equipment, research concerning ski bindings and related
`equipment, or the development of standards concerning ski
`bindings or related equipment, in addition to ten years or more
`of personal experience using ski bindings.
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`Pet. 14–15 (citing Ex. 1006 ¶ 32). On this record, at this stage of the
`proceeding, we are persuaded that Petitioner’s assertion is an appropriate
`assessment.
`
`Claims 1 and 4–9 as Anticipated by DE ’298
`C.
`Petitioner asserts that claims 1 and 4–9 are anticipated by DE ’298.
`Pet. 25–56 (citing Exs. 1001, 1002, 1004, 1006, 1008–1012).
`DE ’298 (Ex. 1004)
`1.
`DE ’298 “relates to a releasing/retaining device that is designed for
`safety ski bindings and that comprises means for front or rear retention of
`the shoe on the ski.” Ex. 1004, 1. DE ’298 discloses that its’ device “allows
`the resistance against release in the upward direction, on the one hand, and
`against release in the lateral direction, on the other hand, to be dimensioned
`and adjusted independently of each other.” Ex. 1004, 3. Figure 1 of DE
`’298 depicts the releasing/retaining device of a releasing ski binding, and is
`set forth below.
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`Figure 1 depicts a longitudinal view of the DE ’298 releasing/retaining
`device of a releasing ski binding.
`Figure 2 of DE ’298 depicts the releasing/retaining device of a
`releasing ski binding, and is set forth below.
`
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`Figure 2 depicts a plan view of the DE ’298 releasing/retaining
`device of a releasing ski binding.
`As shown above, DE ’298 discloses
`a retaining jaw [25] for holding the shoe in the lateral direction
`is mounted on an upwardly pivotable hold-down member [13],
`which holds the shoe against a release resistance in the upwards
`direction, in such a way that said hold-down member can be
`swiveled to the side against a detent resistance [(detent
`suspension 28)], which is supported on said hold-down member.
`Ex. 1004, 3.
`
`Analysis
`2.
`Petitioner asserts that claims 1 and 4–9 are anticipated by DE ’298.
`Pet. 26–56 (citing Exs. 1001, 1002, 1004, 1006, 1008–1012). For example,
`independent claim 1 recites “[a] vector decoupling assembly . . .
`comprising” “a lower heel assembly attached to the ski” and “an upper heel
`assembly coupled to the lower heel assembly.” Petitioner provides the
`following copy of Figure 1 of DE ’298, annotated to identify, among several
`items, bearing block 11 and hold-down member 13.
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`Figure 1, annotated, depicts the DE ’298 releasing/retaining
`device of a releasing ski binding.
`Pet. 36. Petitioner asserts that the releasing/retaining device of a releasing
`ski binding of DE ’298, depicted in Figures 1 and 2, corresponds to the
`claimed vector decoupling assembly. Pet. 32–35 (citing Ex. 1004, 2–4, 6, 9,
`11; Ex. 1006 ¶ 67). Petitioner further asserts that bearing block 11 of DE
`’298 corresponds to the recited “lower heel assembly attached to the ski”
`and hold-down member 13 of DE ’298 corresponds to the recited “upper
`heel assembly coupled to the lower heel assembly.” Pet. 35–36 (citing Ex.
`1004, 6–7).
`Independent claim 1 additionally recites the “upper heel assembly”
`includes “a lateral release assembly for applying lateral securing pressure to
`the ski boot.” Petitioner provides another copy of Figure 1 of DE ’298,
`annotated to identify, among several items, front wall of hold-down member
`14, retaining jaws 25, arm 26, and detent cams 29.
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`Figure 1, annotated, depicts the DE ’298 releasing/retaining
`device of a releasing ski binding.
`Pet. 37. Petitioner asserts that “the retaining jaw 25, the two arms 26, the
`two detent cams 29, and the front wall of the hold-down member 14 work
`together as a lateral release assembly.” Pet. 37–38 (citing Ex. 1004, 4, 8,
`11).
`
`Independent claim 1 further recites the “upper heel assembly”
`“compris[es] an upper heel housing that is configured to compress the heel
`portion of the ski boot downward.” Petitioner provides another copy of
`Figure 1 of DE ’298, annotated to portray a ski boot with downward
`compressing force on the heel portion of the boot.
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`Figure 1, annotated, depicts the DE ’298 releasing/retaining
`device of a releasing ski binding.
`Pet. 41. Petitioner asserts that “the hold-down member 13 (pink) is urged
`downward by springs 17 (green) operating against the front cross wall 14
`(gold) of the hold-down member 13 through rollers 21 (lavender) in
`engagement with detent tracks 22 (orange).” Pet. 39–41 (citing Ex. 1004, 5–
`7; Ex. 1006 ¶ 72).
`Independent claim 1 also recites “a linkage element fixedly attached
`to the lateral release assembly.” Petitioner provides another copy of Figure
`1 of DE ’298, annotated to identify, among several items, front wall of hold-
`down member 14, retaining jaws 25, arm 26, rod-shaped tension member 27,
`and detent cams 29.
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`Figure 1, annotated, depicts the DE ’298 releasing/retaining
`device of a releasing ski binding.
`Pet. 43. Petitioner also provides a copy of Figure 2 of DE ’298, annotated to
`again identify, among several items, front wall of hold-down member 14,
`retaining jaws 25, arm 26, rod-shaped tension member 27, and detent cams
`29.
`
`
`Figure 2, annotated, depicts the DE ’298 releasing/retaining
`device of a releasing ski binding.
`Pet. 44. Petitioner asserts DE ’298 “describes a lateral release assembly
`comprised of the retaining jaw, the two arms, the two detent cams, and the
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`front wall of the hold-down member” and further discloses “a rod-shaped
`tension member 27 (shown in light blue) fixedly attaches these elements
`against the front wall of the hold-down member 14, acting as a linkage
`element.” Pet. 42 (citing Ex. 1004, 4, 8, 11; Ex. 1006 ¶ 73).
`Independent claim 1 additionally recites “wherein the linkage
`element, a first surface and a second surface cooperate to limit motion of the
`lateral release assembly to within a predetermined region within a plane
`defined by the longitudinal and horizontal axes of the ski.” Petitioner
`provides additional copies of Figures 1 and 2 of DE ’298, both annotated to
`identify, among several items, retaining jaws 25, rod-shaped tension member
`27, and detent springs 28, and vertical pin 35.
`
`
`Figure 1, annotated, depicts the DE ’298 releasing/retaining
`device of a releasing ski binding.
`
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`Figure 2, annotated, depicts the DE ’298 releasing/retaining
`device of a releasing ski binding.
`Pet. 46–47. Petitioner asserts that “[t]he tension member 27 is pivotably
`attached by vertical pin 35 to allow tension member 27 to swivel in the
`lateral direction” and Figures 1 and 2, annotated, “show how the lateral
`movement of the retaining jaw/heel holder 25 is constrained in lateral
`movement by the tension member 27 (light blue), vertical pin 35 (dark blue)
`in cooperation with the surface of the front cross wall 14 (gold) of the hold-
`down member 13.” Pet. 44–45 (citing Ex. 1004, 9; Ex. 1006 ¶ 76).
`As discussed below, for dependent claims 4–9, Petitioner performs a
`similar mapping of the additional claim limitations of these claims to DE
`’298. Pet. 47–56.
`Claim 4 recites that the “the lateral release assembly is maintained in a
`predetermined neutral position in the absence of force vectors applied to the
`vector decoupling assembly.” Petitioner asserts that DE ’298 discloses that
`its “retaining jaw is held in the working position by a central detent
`suspension, which is supported on the hold-down member.” Pet. 47 (citing
`Ex. 1004, 3). Petitioner further asserts that “tension member 27 and detent
`spring 28 hold the detent cams 29 of the retaining jaw 25 firmly in the detent
`recesses 30 of the hold-down member 13 when no external forces are
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`applied, i.e. maintain the lateral release assembly in the working or neutral
`position” and as such, “[a] POSA would understand that the absence of
`displacement by lateral or vertical forces would be considered the ‘normal’
`or working mode, as long as those forces do not exceed the preset level that
`is necessary for satisfactory control.” Pet. 48 (citing Exs. 1004, 4; 1006,
`¶ 78).
`Claim 5 recites that “the lateral release assembly moves in both a first
`direction and a second direction with respect to the neutral position.”
`Petitioner first asserts that DE ’298 discloses that “[i]f there is excessive
`lateral force in the direction of arrow Y1 or Y2, the heel holder 25 swivels in
`the corresponding transverse direction.” Pet. 49 (citing Ex. 1004, 8).
`Petitioner further asserts that
`the role of cams 29 is to work within the confines of detent
`recesses 30 to allow for independent swiveling or lateral
`movement separate from the vertical movement of the hold-
`down member 13 about the axis 12 (i.e. allows for decoupling of
`the vertical and lateral movements of the binding).
`Pet. 50 (citing Ex. 1004, 6–8; Ex. 1006 ¶ 79).
`Claim 6 recites “wherein the motion of the lateral release assembly is
`at least partially rotational.” Petitioner asserts that “the lateral release
`assembly may swivel and move sideways out of the recesses to overcome
`the latching action when lateral forces are applied.” Pet. 51 (citing Ex. 1004,
`9, 12; Ex. 1006 ¶ 82).
`Claim 7 recites “wherein a force required to move the lateral release
`assembly increases as the lateral release assembly moves away from the
`neutral position.” Petitioner first asserts that “[a]ny movement of the
`retaining jaw in the vertical direction compresses springs 17; and any
`movement of retaining jaw/heel holder in the lateral direction compresses
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`spring 28.” Pet. 51–52. Petitioner further asserts that “[a] POSA
`understands that as a spring compresses the force exerted by the spring
`increases,” (Pet. 52 (citing Ex. 1004, 2)), and as such, “any movement of the
`retaining jaw/heel holder in the vertical or lateral direction is met with an
`increased force imparted by the spring, resulting in a greater force being
`needed to move the retaining jaw/heel holder form its neutral or working
`position.” Pet. 51 (citing Ex. 1004, 9; Ex. 1006 ¶ 83).
`Claim 8 recites “wherein a relationship between a position of the
`lateral release assembly with respect to the neutral position and the force
`required to move the lateral release assembly is linear.” Petitioner asserts
`“the lateral release assembly in DE ’298 includes a spring that produces a
`linear force between the heel of the boot and the retaining jaw/heel holder
`25, which is in accordance with Hook’s law, i.e. displacement is linearly
`proportional to the force applied.” Pet. 53–54 (citing Ex. 1001, 5:10–13; Ex.
`1006 ¶¶ 86–89).
`Claim 9 recites “wherein a relationship between a position of the
`lateral release assembly with respect to the neutral position and the force
`required to move the lateral release assembly is non-linear.” Petitioner
`asserts “the lateral release assembly can respond to non-linear forces that
`cause hold-down member 13 to rotate around pivot point 12 where the force
`is not linear with respect to the neutral position.” Pet. 54–56 (citing Ex.
`1006 ¶¶ 90–93).
`
`Conclusion
`3.
`On this record, Petitioner has made a sufficiently persuasive showing
`for purposes of this Decision that claims 1 and 4–9 are anticipated by DE
`’298. As discussed above, Petitioner provides analysis purporting to show
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`where each claim limitation is disclosed DE ’298. Petitioner’s contentions
`are supported by Dr. Shealy’s testimony. We have reviewed these
`contentions and testimony, and we are persuaded that Petitioner has shown a
`reasonable likelihood that it will prevail in establishing that claims 1 and 4–9
`are anticipated by DE ’298.
`
`D. Claims 1 and 4–9 as Obvious Over Boussemart and DE ’298
`Petitioner asserts that claims 1 and 4–9 are obvious over Boussemart
`and DE ’298. Pet. 25, 62–82 (citing Exs. 1005, 1006, 1011).
`Boussemart (Ex. 1005)
`1.
`Boussemart “relates to a safety binding adapted to releasably hold a
`boot on a ski,” and “[m]ore particularly, the invention relates to a heel type
`binding adapted to hold the back end of the boot and to permit the boot to
`pivot both vertically and laterally.” Ex. 1005, 1:14–18. Boussemart
`discloses that its’ safety binding includes an assembly comprising a jaw,
`adapted to hold at least a portion of a boot and to pivot both vertically and
`laterally, a pivoting element, having a substantially flat rear surface and
`pivotable with respect to the support, and an elastic means. Ex. 1005, 2:5–9.
`Boussemart discloses “the lateral pivoting of the assembly and the pivoting
`element is performed about one vertical axis passing through the
`longitudinal axis of the support.” Ex. 1005, 2:4–17. Figures 1 and 2 of
`Boussemart depict the binding securing the boot, and are set forth below.
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`Figure 1 depicts a longitudinal cross-sectional lateral view
`of the binding securing the boot.
`
`
`Figure 2 depicts a partial cross-sectional top view
`of the binding securing the boot.
`As shown above, Boussemart discloses that “[j]aw 4 and assembly 1
`are adapted to pivot vertically around said axis pin 12 in the direction P1
`shown in Fig. 1” (Ex. 1005, 8:23–23) and “[a]ssembly 1 is also adapted to
`pivot laterally, around vertical axis xx’ passing through the longitudinal axis
`of the binding and/or support 2” via pivoting element 6 (id. 8:33–36).
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`Analysis
`2.
`Petitioner asserts that claims 1 and 4–9 are obvious over Boussemart
`and DE ’298. Pet. 25, 62–82 (citing Exs. 1005, 1006, 1011). For example,
`the preamble of independent claim 1 recites “[a] vector decoupling assembly
`for separating and isolating two or more force vectors applied to a safety
`binding securing a heel portion of a ski boot to a ski.”
`Petitioner asserts that the aforementioned preamble of claim 1 is no
`more than an intended use. Pet. 62 (citing Ex. 1011, 11). To the extent the
`preamble may be viewed as limiting, however, Petitioner asserts that
`Boussemart discloses “separate vertical release and lateral release” (Pet. 62
`(citing Ex. 1005, 8:22–24, 10:13–14, Figs. 1 and 7), but acknowledges that
`Boussemart “includes a single spring 9 to bias against both vertical and
`lateral forces” (Pet. 62), which “does not allow independent adjustment for
`vertical and lateral forces.” Pet. 63 (citing Ex. 1005, 8:9–21).
`To address this purported deficiency, Petitioner asserts that “DE ’298
`teaches that it is beneficial to allow a ski binding that resists against release
`of the ski boot in the upward direction and also resists against release of the
`ski boot in the lateral direction, wherein the resistance can be ‘dimensioned
`and adjusted independently of each other.’” Pet. 63 (citing Ex. 1004, 4).
`Petitioner further asserts that DE ’298 “use[s] separate biasing means in both
`the vertical and lateral directions.” Pet. 63 (citing Ex. 1004, 3–4). Petitioner
`concludes that
`a POSA would have been motivated to modify [Boussemart]
`with the teachings of DE ’298 to add a second biasing means so
`that the vertical and lateral resistances would be dimensioned and
`adjusted independently of each other to achieve the stated
`purpose of adjusting the retaining suspension for lateral and
`vertical retention of the shoe to an optimal value in each case.
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`Pet. 64.
`Independent claim 1 recites further “[a] vector decoupling
`assembly . . . comprising” “a lower heel assembly attached to the ski” and
`“an upper heel assembly coupled to the lower heel assembly.” Petitioner
`provides the following copy of Figure 1 of Boussemart, annotated to
`identify, among several items, support 2 and jaws 4.
`
`
`Figure 1, annotated, depicts a longitudinal cross-sectional lateral
`view of the binding securing the boot.
`Pet. 66. Petitioner asserts that the releasing/retaining device of a releasing
`ski binding depicted in Figures 1 and 2 corresponds to “[a] vector
`decoupling assembly,” and that support 2 and jaws 4 of Boussemart
`correspond respectively to the recited lower and upper heel assembly. Pet.
`62–66 (citing Ex. 1005, 7:68–8:2, 8:14–16; Ex. 1006 ¶¶ 106–107).
`Independent claim 1 recites also that the “upper heel assembly”
`includes “a lateral release assembly for applying lateral securing pressure to
`the ski boot.” Petitioner provides another copy of Figure 1 of Boussemart,
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`annotated to identify, among several items, pivoting element 6 and elastic
`system 7. Pet. 68.
`
`
`Figure 1, annotated, depicts a longitudinal cross-sectional lateral
`view of the binding securing the boot.
`Petitioner asserts that “pivoting element 6 (gold in annotated FIG. 1 below)
`in conjunction with the elastic system 7 (green) resist the lateral pivoting of
`assembly 1 around the vertical axis xx’ (annotated in FIG. 1).” Pet. 66–67
`(citing Ex. 1005, 8:11–17, 8:33–52).
`Independent claim 1 further recites the “upper heel assembly”
`“compris[es] an upper heel housing that is configured to compress the heel
`portion of the ski boot downward.” Petitioner then provides another copy of
`Figure 1 of Boussemart, annotated to portray a ski boot with downward
`compressing force on the heel portion of the boot.
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`Figure 1, annotated, depicts a longitudinal cross-sectional lateral
`view of the binding securing the boot.
`Pet. 69. Petitioner asserts that body 5 includes elastic system 7, which
`comprises a piston 8 biased by a spring 9, and acts to compress the heel
`portion of the ski boot downward. Pet. 68 (citing Ex. 1005, 8:9–14; Ex.
`1006 ¶ 110).
`Independent claim 1 further recites “a linkage element fixedly
`attached to the lateral release assembly.” Petitioner provides another copy
`of Figure 1 of Boussemart, annotated to identify, among several items,
`pivoting element 6, elastic system 7, and axis pin 12.
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`Figure 1, annotated, depicts a longitudinal cross-sectional lateral
`view of the binding securing the boot.
`Pet. 70. Petitioner asserts Boussemart describes a lateral release assembly
`comprised of a pivoting element and an elastic system (shown in gold and
`green respectively, in annotated FIG. 1, and further discloses that pivoting
`element 6 is fixedly attached to the lateral release assembly by an axis pin
`(light blue). Pet. 69–70 (citing Ex. 1005, 2:21–23, 8:17–21; Ex. 1006
`¶ 111).
`Independent claim 1 additionally recites “wherein the linkage
`element, a first surface and a second surface cooperate to limit motion of the
`lateral release assembly to within a predetermined region within a plane
`defined by the longitudinal and horizontal axes of the ski.” Petitioner
`provides an additional copy of Figure 1 of Boussemart, annotated to identify,
`among several items, support 2, jaws 4, pivoting element 6, elastic system 7,
`and axis pin 12.
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`Figure 1, annotated, depicts a longitudinal cross-sectional lateral
`view of the binding securing the boot.
`
`Pet. 72.
`Petitioner provides a copy of Figure 2 of Boussemart, annotated to
`identify, among several items support 2 and pivoting element 6.
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`Figure 2, annotated, depicts a partial cross-sectional top view
`of the binding securing the boot.
`
`Pet. 73.
`Petitioner also provides a copy of Figure 2 of Boussemart, annotated
`to identify, among several items support 2 and pivoting element 6.
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`Figure 6, annotated, depicts a partial cross-sectional top view, similar to
`Figure 2, showing the binding in the course of a lateral release.
`Pet. 73.
`Petitioner asserts
`assembly 1 pivots laterally around vertical axis xx’, which passes
`through the longitudinal axis of the binding and/or support 2
`(dark blue), due to the lateral pivoting of pivoting element 6
`(gold). Pivoting element 6 is fitted into the housing 11 (pink) by
`axis pin 12(light blue) such that jaw 4 (pink) can pivot around a
`transverse and horizontal axis transverse to the longitudinal axis
`of the binding and ski and passing through axis pin 12.
`Pet. 71 (citing Ex. 1005, 8:17–21). Petitioner further asserts
`[p]ivoting element also contacts/engages support 2, which is
`guaranteed by the bias of elastic system 7. Specifically, the
`substantially flat front surface 14 of support 2 is biased in contact
`with the substantially flat rear surface 16 of pivoting element 6
`by force F (shown in red), such that the pivoting element 6 and
`support 2 form a lateral pivoting system that pivots laterally
`around axis xx’ of support 2 against the bias/force of elastic
`system 7 (lateral release retention force). The interaction of
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`elastic system 7 and support 2 creates a torque or moment that
`resists lateral pivoting (lateral release retention moment).
`Pet. 71–72 (citing Ex. 1005, 8:32–52; Ex. 1006 ¶ 112).
`For dependent claims 4–9, Petitioner performs a similar mapping of
`claim limitations to Boussemart and DE ’298. Pet. 74–82.
`Claim 4 recites that the “the lateral release assembly is maintained in a
`predetermined neutral position in the absence of force vectors applied to the
`vector decoupling assembly.” Petitioner asserts Boussemart discloses that
`“the binding includes ‘a compressing means for compressing the elastic
`means when the elastic means pivots vertically away from a centered boot
`retaining position.’” Pet. 74–75 (citing Ex. 1005, 3:9–12). Petitioner further
`asserts that Boussemart’s “elastic system 7 provides a vertical release
`retention force to retain the binding in a neutral position when no external
`forces are applied, i.e.[,] maintain the lateral release assembly in the centered
`boot retaining or rest position,” (Pet. 75 (citing Ex. 1005, 8:26–32)), and as
`such, “[a] POSA would understand that the absence of displacement by
`lateral or vertical forces would be considered the centered boot retaining
`position would be considered a “neutral position”, as long as those forces do
`not exceed the preset level that is necessary for satisfactory control.” Pet. 75
`(citing Ex. 1006 ¶ 114).
`Claim 5 recites that “the lateral release assembly moves in both a first
`direction and a second direction with respect to the neutral position.”
`Petitioner first asserts that Boussemart discloses its “support element
`includes an incline adapted to cooperate with the elastic system for
`producing a release retention moment resisting the vertical and lateral
`pivoting of the binding away from its centered retention position.” Pet. 76
`(citing Ex. 1005, 2:24–28). Petitioner further asserts that “[a] POSA would
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`understand that the lateral pivoting means that the lateral release assembly
`can move in a first and a second direction (e.g., left or right) with respect to
`the centered retaining or neutral position.” Pet. 76–77 (citing Ex. 1006,
`¶ 115).
`Claim 6 recites “wherein the motion of the lateral release assembly is
`at least partially rotational.” Petitioner asserts that “the lateral release is
`partially rotation[al] in regard to both the rotation of the assembly 1 around
`the xx' axis, i.e. allows the jaw to pivot around a transverse and horizontal
`axis transverse to the longitudinal axis of the binding and ski and passing
`through pin 12.” Pet. 77–78 (citing Ex. 1005, 8:17–21; Ex. 1006 ¶ 117).
`Claim 7 recites “wherein a force required to move the lateral release
`assembly increases as the lateral release assembly moves away from the
`neutral position.” Petitioner asserts that Boussemart discloses
`Elastic system 7 is used to bias the jaw 4 and the pivoting element
`6 against lateral and vertical pivoting. Any movement of the jaw
`4 in the vertical direction is opposed by the elastic system 7,
`which exerts a force F on the vertical release incline, and any
`lateral movement of the pivoting element 6 to engage the support
`is guaranteed by the bias of the elastic system 7.
`Pet. 78. Petitioner further asserts that “[a] POSA understands that any
`movement of the jaw or pivoting element in the vertical or lateral direction is
`met with an increased force imparted by the elastic system increases,
`resulting in a greater force being needed to move the jaw from its neutral or
`centered boot retaining position.” Pet. 78 (citing Ex. 1006 ¶ 118).
`Claim 8 recites “wherein a relationship between a position of the
`lateral release assembly with respect to the neutral position and the force
`required to move the lateral release assembly is linear.” Petitioner asserts
`“the lateral release assembly in [Boussemart] includes an elastic system that
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`produces a linear force between the heel of the boot and the jaw 4, which is
`in accordance with Hook’s law, i.e. displacement is linearly proportional to
`the force applied.” Pet. 79–80 (citing Ex. 1006 ¶¶ 120–123).
`Claim 9 recites “wherein a relationship between a position of t
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