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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Aisin Seiki Co., Ltd. and Toyota Motor Corp.
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`Petitioners
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`v.
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`Intellectual Ventures II LLC
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`Patent Owner
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`
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`Patent No. 7,154,200
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`
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`Case No. IPR2017-01537
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`
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`DECLARATION OF DR. GERALD JOHN MICKLOW IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 7,154,200
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`Petitioners' Exhibit 1004, pg. 1
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`TABLE OOF CONTTENTS
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`Inntroductioon .................................................................
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`I.
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`II.
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`SSummary oof Opinionns ...............................................
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`III. BBackgrounnd and Quualificationns ...............................
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`Backkground ......................................................
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`Comppensation .
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`..................................IV. MMaterials RReviewed .................
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`Legal Stanndards ..........................................................
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` Anticcipation ......................................................
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` Obvi
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`ousness ....................
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`VI. OOverview oof the ’2000 Patent ......................................
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`L A B
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`Claimms of ’200 Patent .......................................
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`Backkground of f the Technnology ........................
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`VII. LLevel of Orrdinary Skkill ..............................................
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`VIII. CClaim Connstruction ...................................................
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`IX. AAnalysis .........................................................................
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`AA.
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` Overrview of Kooizumi, Taakagi, and
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`Trago ......
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`... 19
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`Koizumi (Japanesee Applicatioon Laid-O
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`105538)
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`pen No. HH4-
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`1.
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`59) ...........WO97/3335ation No. Wnal PublicaTakagi (IInternation
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`Trago (Innternationaal Publicatiion No. WWO96/3193
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`6) .............
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`69.
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`It is mmy opinionn that claimms 1-2 andd 4-7 of thee ’200 pate
`nt are
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`obvioous over KKoizumi. .....................................
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`... 25
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` Obviousness off claims 1-2 and 4-7 oover Koizuumi ............................
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`B 6
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`B.
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`Petitioners' Exhibit 1004, pg. 2
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`CC.
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`f claims 1- Obviousness of
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`2 and 4-7 oover Takaggi ...............................
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`Claimm 4: “The mmotor of claim 1 wheerein the oone or moree solid
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`parts commprise a metal insert
`molded w
`ithin the b
`ody” ........
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`b c
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`.................go ..............7 over TragObviousness off claims 1, 2, and 4-7
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`Obviousness off claims 1, 2, and 4-77 over Takaagi or Traggo in
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`combbination wiith Koizummi ...............................
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`... 78
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`ii
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`Petitioners' Exhibit 1004, pg. 3
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`I, Dr. Gerald John Micklow, declare as follows:
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`I.
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`Introduction
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`1.
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`I have been asked to submit this declaration on behalf of Aisin Seiki
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`Co., Ltd. and Toyota Motor Corp. (“Petitioners”) in connection with a petition for
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`inter partes review of U.S. Patent No. 7,154,200 (“the ’200 patent”),1 which I have
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`been told is being submitted to the Patent Trial and Appeal Board of the United
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`States Patent and Trademark Office by Petitioners.
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`2.
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`Specifically, I have been retained as a technical expert by Petitioners
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`to study and provide my opinions on the technology claimed in, and the
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`patentability or unpatentability of, claims 1-2 and 4-7 of the ’200 patent (“the
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`Challenged Claims”). For purposes of this declaration, I was not asked to provide
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`any opinions that are not expressed herein.
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`II.
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`Summary of Opinions
`3.
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`This declaration is directed to the Challenged Claims of the ’200
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`patent, and sets forth the opinions I have formed, the conclusions I have reached,
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`and the bases for each.
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`1 I understand that the ’200 patent is Exhibit 1001 to the petition for Inter Partes
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`Review of the ’200 patent.
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`Petitioners' Exhibit 1004, pg. 4
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`44.
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`knowledg
`Based on my exxperience,
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`ge of the artt as of the
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`effective
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`es, and the rt referencefiling daate of the ’’200 patentt, analysis of prior ar
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`understannding
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`the art wo
`a personn of ordinaary skill in
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`uld have hhad of the cclaim termms in light oof
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`the speccification aas of the efffective filiing date, it
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`is my opinnion that thhe Challennged
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`Claims of the ’2000 patent ar
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`e unpatenttable as beiing obviouus over the
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`prior-art
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`ld itioners tolsel for Petiions, counsg my opiniIn formingsed below. referencces discuss
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`0 patent is of the ’200filing date ome to asssume the effective f
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`July 29, 19999.
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`A.
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` Backkground
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`Professor o I amm currently employed as a full P
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`f Mechani
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`cal and
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`A 5
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`III. BBackgrounnd and Quualificationns
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`itute of Telorida Instieering at FlAerospaace Engine
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`chnology ((“FIT”) in
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`Melbournne,
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`FL. I haave been a Licensed PProfessional Engineeer in the Sttate of Norrth Carolinaa
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`Mechannical Enginneers (ASMME) since 11988. My mmechanicaal engineerring experi
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`of
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`directed too
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`eld for neering fieanical enginthe mechad active in of 2004 andsince December o
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`decadess, includingg through mmy membeership in thhe Americaan Society
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`was devveloped thrrough a varriety of acaademic andd industriaal projects
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`automottive compoonents, inccluding electric motorrs. I have bbeen involvved in the
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`design aand evaluaation of advvanced powwer produccing systemms, such ass electric
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`motors, for over 440 years. I hhave workked within tthe areas oof automot
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`engineeering, mechhanics of mmaterials, eelectric mootor design,, fluid dynnamics, andd
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`Petitioners' Exhibit 1004, pg. 5
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`manufacturing methods, and have authored, co-authored, or edited several books
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`and numerous peer-reviewed technical papers in these areas.
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`6. My work on power production systems has resulted in a number of
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`engineering awards. For example, I was awarded the American Society of
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`Mechanical Engineers (ASME) Professor of the Year award for the 2015-2016
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`term. I am also included in AcademicKeys Who’s Who in Engineering in Higher
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`Education. Additionally, I provide review and editing services for a wide variety of
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`mechanical engineering publications, including the American Society of
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`Engineering Education (ASEE) Southeast Conference (2005-present), the Journal
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`of Mechanical, Aerospace and Industrial Engineering (2007-present), and the
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`Proceedings of the Institution of Mechanical Engineers (2007-present), among
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`others.
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`7.
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`I received my Bachelors of Science in Aerospace Engineering from
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`the Pennsylvania State University (Penn State) in 1975. I obtained my Masters of
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`Science in Aerospace Engineering from Penn State in 1981. I obtained my Ph.D. in
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`Mechanical Engineering at the Virginia Polytechnic Institute and State University
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`(Virginia Tech) in 1989. I attach my current curriculum vitae (CV) as Appendix A
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`to this Declaration.
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`8.
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`I joined Pratt & Whitney in 1976 as a Senior Analytical Design
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`Engineer. I worked on a wide variety of engineering projects directed to various
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`3
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`Petitioners' Exhibit 1004, pg. 6
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`aspects of power producing systems and components. For example, I worked on
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`advanced fan and compressor design, including analysis of flow dynamics related
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`to rotor and stator blades. Following my time at Pratt & Whitney, I continued
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`working on advanced design and evaluation of power producing components at
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`Tracor Aerospace and then Allison Gas Turbines until 1982. While at Allison Gas
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`Turbines, I received funding to research aspects of power production systems
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`related to rotors and stators.
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`9.
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`I joined the Mechanical Engineering Department at Virginia Tech in
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`1982 as a full-time faculty member and instructor in the thermal and fluid sciences
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`area. I worked at Virginia Tech for six years before becoming an Assistant
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`Professor in the Mechanical Engineering Department at the University of Florida,
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`Gainesville. At the University of Florida, I taught classes in power production
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`systems for automotive applications, including computational fluid dynamics, fluid
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`dynamics, combustion, jet and rocket propulsion, gas turbine engines, advanced
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`fan and compressor design, compressible gas dynamics, turbomachinery, hydraulic
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`systems, and internal combustion engines.
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`10.
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`In 1996, I also joined the mechanical engineering department at the
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`University of Alabama where I focused my research on power production systems
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`for automotive applications. I was one of the key collaborating researchers to start
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`4
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`Petitioners' Exhibit 1004, pg. 7
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`the Center for Advanced Vehicle Technology (CAVT), which is directed to the
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`research of electric vehicle components, such as electric motors.
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`11.
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`I joined the Mechanical Engineering and Engineering Science
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`Department at the University of North Carolina, Charlotte in 2001 as an Associate
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`Professor. While at the University of North Carolina, I became a licensed
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`Professional Engineer in the State of North Carolina in 2004. I worked in this
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`position until 2005, when I joined the Department of Engineering at East Carolina
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`University as a Professor and Program Director with a Mechanical Engineering
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`Concentration. During my time at these positions, I taught classes in the design and
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`evaluation of automotive engineering components, including various components
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`and aspects of power production systems, such as gas turbine engines, electric
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`motors, advanced fan and compressor design, combustion, hydraulic systems,
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`turbomachinery, internal combustion engines, external aerodynamics, dynamics,
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`mechanics of materials, and non-destructive testing. I also developed numerous
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`graduate level courses, including one course titled, “Automotive Powertrains,”
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`which included sections on electric components in hybrid electric vehicles. At the
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`undergraduate level, I developed a course in Materials and Processes, which
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`included a significant section on polymers, thermoplastics, and injection molding
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`manufacturing techniques.
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`5
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`Petitioners' Exhibit 1004, pg. 8
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`12. My current position is at FIT, which I joined in 2012 as a Professor.
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`During my tenure at FIT, I have acted as the Head of Automotive Engineering and
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`the Director of the Florida Center for Automotive Research. At FIT I have taught
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`classes in automotive engineering, thermodynamics, computational fluid dynamics,
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`fluid dynamics, gas turbine engines, advanced fan and compressor design,
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`compressible gas dynamics, jet and rocket propulsion, acoustic emissions,
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`combustion, hydraulic systems, turbomachinery, internal combustion engines,
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`external aerodynamics, dynamics, mechanics of materials, non-destructive testing,
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`and alternative fuels.
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`13.
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`I have been the Director of several laboratories related to the design of
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`power production systems while at these universities. For example, I am the
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`Director of the Florida Center for Automotive Research at FIT through which I
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`supervise the development and design of power generation systems for automotive
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`applications. I was also the Director of the Materials and Welding Lab at East
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`Carolina University, the Computational Fluid Dynamics Lab at several
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`universities, and the Internal Combustion Engine Lab at several universities.
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`Through this work, over the last 40 years, I personally have disassembled, rebuilt,
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`and reassembled hundreds of electric starter motors, generators, and other electric
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`automotive motor components.
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`6
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`Petitioners' Exhibit 1004, pg. 9
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`14. Throughout my career, I have served on numerous engineering
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`committees. For example, at FIT, I was the chair of the Faculty Search Committee
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`for mechanical engineering. While at East Carolina University, I chaired the
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`Mechanical Engineering Concentration Development Committee and the
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`Promotion and Tenure Committee for engineering.
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`15. Early in my career, I received several NASA/ASEE Summer Faculty
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`Fellowships and was inducted into the U.S. Space Foundation Technology Hall of
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`Fame in 2000. I was also listed in the Who’s Who for the International Gas
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`Turbine Institute, The American Society of Mechanical Engineers from 1993-
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`2006. In addition to several other awards and recognitions, most recently, I was
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`named the 2015-2016 ASME Outstanding Professor of the Year. I have used my
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`education and experience working in the mechanical engineering field, and my
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`understanding of the knowledge, creativity, and experience of a person having
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`ordinary skill in the art in forming the opinions expressed in this report, as well as
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`any other materials discussed herein. I am the associate editor for the Society of
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`Automotive Engineers (SAE) International Journal of Fuels and Lubricants.
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`Further, in the last eight years I have organized 38 technical sessions for SAE
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`international conferences in the areas of direct injection SI engine technology,
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`diesel fuel injection and sprays, HCCI combustion, powertrain development for
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`hybrid electric vehicles, fuel and additive effects on SI engine performance,
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`7
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`Petitioners' Exhibit 1004, pg. 10
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`sional eng
`Advancced OBD syystems, muulti-dimen
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`ine modeliing, high eefficiency
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`gines, fuel engines, modelingg of diesel and SI eng
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`performmance, coldds starts annd transientt operationn, engine booosting sysstems, duaal
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`fuel commbustion aand SI fuel injection aand sprays
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`16. For oover 40 yeaars I have bbeen involvved in the
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`anical plex mechad and compf advancedd testing ofruction andfabricattion, constr
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`engineeering systemms associaated with both engineeering firmms and race
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`teams. Thhis
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`has inclluded workk with hunddreds of ellectric startter motors,, generatorrs, and otheer
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`electric automotivve motor coomponentss. Over myy engineerinng career,
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`in the
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`ms, from hiing systeme engineerplex preciseassemblly of comp
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`ine gh performmance engi
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`buildingg and driveetrain compponents to simply enngineering
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`systems thhat have paarts
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`that must fit togethher preciseely over a rrange of opperating teemperaturees, one of thhe
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`first parrameters asscertained and taken into accouunt is the cooefficient oof linear
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`This enginneering parrameter is
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`thermall expansionn (CLTE) oof the varioous parts.
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`crucial, and I havee taken it innto accounnt countles
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`stems. when seelecting maaterials to bbuild enginneering sys
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` Commpensationn
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`I am being commpensated ffor servicees providedd in this maatter at myy
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`My xpenses. Mus travel ex$550.00 pary rate of usual annd customa er hour plu
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`compennsation is nnot conditiooned on thee conclusioons I reachh as a resullt of my
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`8
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`Petitioners' Exhibit 1004, pg. 11
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`analysis or on the outcome of this matter, and in no way affects the substance of
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`my statements in this declaration.
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`18.
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`I have no financial interest in Petitioners, or any of their subsidiaries. I
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`also have no financial interest in Patent Owner, Intellectual Ventures II LLC. I do
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`not have any financial interest in the ’200 patent and have not had any contact with
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`the named inventor of the ’200 patent, Griffith D. Neal.
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`IV. Materials Reviewed
`19.
`In forming my opinions, I read and considered the ’200 patent and its
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`prosecution history, the exhibits listed in the Exhibit List filed with the petition for
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`inter partes review of the ’200 patent, as well as any other material referenced
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`herein
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`20.
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`I have been asked to assume that each of Exhibits identified in the
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`analysis section of my declaration qualifies as prior art to the Challenged Claims of
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`the ’200 patent.
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`V. Legal Standards
`21.
`I have been told the following legal principles apply to analysis of
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`patentability based on 35 U.S.C. §§ 102 and 103. I also have been told that, in an
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`inter partes review proceeding, a patent claim may be deemed unpatentable if it is
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`shown by a preponderance of the evidence that the claim was anticipated by a prior
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`9
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`Petitioners' Exhibit 1004, pg. 12
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`art patennt or publication undder § 102 aand/or renddered obvioous by one
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`art patennts or publlications unnder § 1033.
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`A.
`22.
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` Anticcipation
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`I havve been toldd that for aa claim to bbe anticipaated under
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`A 2
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`§
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`102, eveery limitatiion of the cclaimed innvention mmust be founnd in a singgle prior ar
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`referencce.
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`223.
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`not have tto
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`recite wword for woord what iss in the antticipated cllaims. Rathher, anticippation can
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`occur wwhen a claimmed limitaation is “inhherent” in
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`the relevannt referencce. I have bbeen
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`told thaat if the prioor art necessarily funnctions in aaccordancee with, or inncludes, thhe
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`en thoughticipate eveclaims llimitations, it can ant
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`the limitattion is not eexpressly
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`B.
`24.
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`I havve been toldd that undeer 35 U.S.CC. § 103(a)), “[a] pateent may no
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`B 2
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`obtainedd through tthe inventiion is not i
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`in sectioon 102, if tthe differennces betweeen the subbject matteer sought too be patentted
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`and the prior art are such thaat the subjeect matter aas a wholee would havve been
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`n the ary skill inving ordinaperson havmade to a pntion was mme the invenobviouss at the tim
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`art to wwhich said ssubject mattter pertainns.”
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`10
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`Petitioners' Exhibit 1004, pg. 13
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`25. When considering the issues of obviousness, I have been told that I
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`am to do the following:
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`a.
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`b.
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`c.
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`d.
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`Determine the scope and content of the prior art;
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`Ascertain the differences between the prior art and the claims at
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`issue;
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`Resolve the level of ordinary skill in the pertinent art; and
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`Consider evidence of secondary indicia of non-obviousness (if
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`available).
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`26.
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`I have been told that the relevant time for considering whether a claim
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`would have been obvious to a person of ordinary skill in the art is the time of
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`alleged invention. Counsel for Petitioners instructed me to assume that the alleged
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`invention date for the Challenged Claims is July 29, 1999.
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`27.
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`I have been told that a reference may be modified or combined with
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`other references or with the person of ordinary skill’s own knowledge if the person
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`would have found the modification or combination obvious. I have also been told
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`that a person of ordinary skill in the art is presumed to know all the relevant prior
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`art, and the obviousness analysis may take into account the inferences and creative
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`steps that a person of ordinary skill in the art would employ.
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`28.
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`In determining whether a prior-art reference could have been
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`combined with another prior-art reference or other information known to a person
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`11
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`Petitioners' Exhibit 1004, pg. 14
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`having ordinary skill in the art, I have been told that the following principles may
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`be considered:
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`a. A combination of familiar elements according to known methods is
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`likely to be obvious if it yields predictable results;
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`b. The substitution of one known element for another is likely to be
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`obvious if it yields predictable results;
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`c. The use of a known technique to improve similar items or methods in
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`the same way is likely to be obvious if it yields predictable results;
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`d. The application of a known technique to a prior art reference that is
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`ready for improvement is likely obvious if it yields predictable results;
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`e. Any need or problem known in the field and addressed by the
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`reference can provide a reason for combining the elements in the
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`manner claimed;
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`f. A person of ordinary skill often will be able to fit the teachings of
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`multiple references together like a puzzle; and
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`g. The proper analysis of obviousness requires a determination of
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`whether a person of ordinary skill in the art would have a “reasonable
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`expectation of success”—not “absolute predictability” of success—in
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`achieving the claimed invention by combining prior art references.
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`12
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`Petitioners' Exhibit 1004, pg. 15
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`29.
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`I have been told that whether a prior art reference renders a patent
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`claim unpatentable as obvious is determined from the perspective of a person of
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`ordinary skill in the art. I have also been told that, while there is no requirement
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`that the prior art contain an express suggestion to combine known elements to
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`achieve the claimed invention, a suggestion to combine known elements to achieve
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`the claimed invention may come from the prior art as a whole or individually, as
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`filtered through the knowledge of one skilled in the art. In addition, I have been
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`told that the inferences and creative steps a person of ordinary skill in the art would
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`employ are also relevant to the determination of obviousness.
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`30.
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`I have been told that, when a work is available in one field, design
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`alternatives and other market forces can prompt variations of it, either in the same
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`field or in another. I have also been told that if a person of ordinary skill in the art
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`can implement a predictable variation and would see the benefit of doing so, that
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`variation is likely to be obvious. I have been told that in many fields, there may be
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`little discussion of obvious combinations, and in these fields market demand—not
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`scientific literature—may drive design trends. I have been told that, when there is a
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`design need or market pressure and there are a finite number of predictable
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`solutions, a person of ordinary skill in the art has good reason to pursue those
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`known options.
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`13
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`Petitioners' Exhibit 1004, pg. 16
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`31.
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`I have been told that there is no rigid rule that a reference or
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`combination of references must contain a “teaching, suggestion, or motivation” to
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`combine references. But I also have been told that the “teaching, suggestion, or
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`motivation” test can be a useful guide in establishing a rationale for combining
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`elements of the prior art. I have been told that this test poses the question as to
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`whether there is an express or implied teaching, suggestion, or motivation to
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`combine prior art elements in a way that realizes the claimed invention, and that it
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`seeks to counter impermissible hindsight analysis.
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`VI. Overview of the ’200 Patent
`32. The ’200 patent relates to a thermoplastic encapsulated motor having
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`a stator substantially encapsulated within a body of thermoplastic material and to
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`one or more solid parts that are used within the motor or near the body of the
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`motor. (Ex. 1001, Abstract.) The solid parts include components like bearings and
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`inserts, which are most often made from a metal, such as steel, copper, or
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`aluminum. (Ex. 1001, 16:26-29; 16:49-55.)
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`33. The ’200 patent explains that the thermoplastic material is chosen
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`based on its coefficient of linear thermal expansion (CLTE), and is chosen to
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`contract and expand at approximately the same rate as one or more of the solid
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`parts. (Ex. 1001, 3:38-41.) In my opinion, the ’200 patent appears to tout as its
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`purported invention the selection of a phase-change material having a CLTE that is
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`14
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`Petitioners' Exhibit 1004, pg. 17
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`approximately the same as that of the metal used for the solid parts. (Ex. 1001,
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`16:52-55.) And, in cases where the motor is designed with multiple different
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`solids, the ’200 patent explains that the thermoplastic material is chosen based on a
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`CLTE that is in between the maximum and minimum CLTE’s of the different
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`solids. (Ex. 1001, 17:14-19.)
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`34. Below in annotated Fig. 4, the ’200 patent discloses that a body 14 is
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`formed of a thermoplastic material (green). An interior portion of the body 14
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`includes upper and lower support portions 42, 44 that support bearings 18 (yellow)
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`that surround a shaft 16 (orange). (Ex. 1001, 6:21-9.) Further, the body 14
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`substantially encapsulates a stator 20 including a core 17 (gray) formed of steel
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`laminations 11 and wire windings 15 (blue). (Ex. 1001, 5:14-27.)
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`(Ex. 1001, ’200 patent, Fig. 4 (annotated).)
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`15
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`Petitioners' Exhibit 1004, pg. 18
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`ms of ’2000 Patent
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`I undderstand thaat the ’2000 patent conntains 16 cclaims. Of
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`those claimms,
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` Claim
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`5.
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`A 3
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`s tion, I washis Declaratposes of thor the purppendent. Fo1 are indepclaims 11, 9, and 1
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`asked too analyze independennt claim 1 aand its deppendent claaims 2 andd 4-7.
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`36. For ssimplicity, I will referr to elemennts of the cclaims usinng separatee
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`ment. For eclaim elems for each creferencce numbers
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`xample, I wwill refer tto the elemments
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`of claimm 1 as folloows:
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`[1a] a) a stator subsstantially eencapsulateed within aa
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`[1b] b) one or moree solid partts used in tthe motor
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`rising: otor compr1. [Preammble] A mo
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`bodyy of thermooplastic maaterial; andd
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`eitherr within orr near the bbody;
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`[1c] c) thhe thermopplastic mateerial havinng a
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`ion such thhat the
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`approoximately tthe same r
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`Backkground of the Techhnology
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`known for ners have kIn myy opinion, engineers and design
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`decades thhat
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`B.
`7.
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`B 3
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`electric
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`motor dessign and fabbrication rrequires carreful consiideration oof the motoor’s
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`componnent materiial propertiies. One off the most
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`important
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`considerattions is thee
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`motor mmaterials’ tthermal prooperties, inncluding itss CLTE. AA POSITA
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`would
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`recognize this to bbe the casee because aalmost all mmotors gennerate wastte heat, whhich
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`16
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`Petitioners' Exhibit 1004, pg. 19
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`causes the components to expand or contract as they heat up or cool down. And, in
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`motors, material contraction or expansion during motor operation can lead to poor
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`motor performance and even failure.
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`38. Because of this, motor designers were cognizant of the fact that
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`CLTEs of thermoplastics could be controlled and substantially reduced to suit their
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`design needs. (Ex. 1012, pp. 8, 10-15; Ex. 1014, pp. 6-14.) For example, it was
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`well-known that by mixing fiberglass, mica, or carbon with molten thermoplastics,
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`one could create thermoplastics with very low CLTE values that approximated
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`those of metals. (Ex. 1012, pp. 8, 10-15; Ex. 1014, pp. 6-14.) And using
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`thermoplastics to encapsulate motors and their components was commonplace by
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`the 1990’s. And by then, in my opinion, a POSITA would recognize and appreciate
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`common-sense engineering as including selecting from a known set of options a
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`thermoplastic that had relatively low or similar CLTE values that approximated
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`those of metals traditionally used in electric motors.
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`VII. Level of Ordinary Skill
`39.
`I understand a person of ordinary skill in the art is determined by
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`looking at (A) type of problems encountered in the art; (B) prior art solutions to
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`those problems; (C) rapidity with which innovations are made; (D) sophistication
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`of the technology; and (E) educational level of active workers in the field. Based
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`on my experience in this art in the 1990s and accounting for these factors, I believe
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`17
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`Petitioners' Exhibit 1004, pg. 20
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`a person of ordinary skill in the art would have had as of July 29, 1999 (what I
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`have been told to assume is the earliest potential effective filing date of the ’200
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`patent), would have a bachelor’s degree in mechanical or electrical engineering, or
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`an equivalent degree, and at least two years of experience in the design of electric
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`motors. In particular, a POSITA would be familiar with the fundamentals of
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`electric motor design and operation, the concept of encapsulating various
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`components in an electric motor, the types of materials that could be used for
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`encapsulation and their thermal and dimensional properties (e.g., CLTE), and
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`thermofluid concepts. A POSITA would further be aware of various techniques for
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`manufacturing encapsulated motors, including by the use of injection molding.
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`40.
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`I was at least a person of ordinary skill in the art as of July 29, 1999.
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`VIII. Claim Construction
`41.
`I have been told by counsel that the claims in the ’200 patent should
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`be understood based on their broadest reasonable construction in light of the patent
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`specification for purposes of this inter partes review proceeding. Unless otherwise
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`noted, my opinions in this declaration are consistent with the broadest reasonable
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`construction of the claims to a person of ordinary skill in the art at the effective
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`filing date.
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`42. Claim 4 of the ’200 patent recites the term “insert.” In my opinion, a
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`person of ordinary skill in the art would understand that, in the context of the ’200
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`18
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`Petitioners' Exhibit 1004, pg. 21
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`patent, tthis term mmeans “anyy componeent other thhan the elemments of thhe stator thhat
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`[is] substantially eencapsulateed in the p
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`hase-changge materiaal with the
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`stator.” (EEx.
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`1001, 1
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`IX. AAnalysis
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`443. Based on my peersonal expperience att the relevaant time annd my revie
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`rior art, it
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`is my opinnion that cllaims 1-2 aand 4-7 of tthe ’200 p
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`atent woulld
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`have beeen obviouss to a persoon of ordinnary skill inn the art ass of the efffective filinng
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`date of tthe ’200 paatent basedd on the teaachings of f (1) Intern
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`ational Pubblication NNo.
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`WO97/333359 to TTakagi et all. (“Takagii”); (2) Jappanese Appplication LLaid-Open NNo.
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`H4-105538 to Shiigeki Koizuumi (“Koizzumi”); (3)) Internatioonal Publiccation No.
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`). It is also. (“Trago”)Trago et al.WO96/331936 to T
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` my opinioon that claiims 6-7 of f the
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`’200 paatent wouldd have beenn obvious tto a personn of ordinaary skill ba
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`sed on the
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`38)
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`teachinggs of (4) anny of Takaagi and Traago in vieww of Koizummi.
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`AA.
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` Overrview of KKoizumi, TTakagi, andd Trago
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`Koizumii (Japanesse Applicaation Laid--Open No
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`444.
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`of the In myy opinion, Koizumi ddiscloses thhe claim limmitations o
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`1.
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`Challennged Claimms.
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`445. Koizuumi disclooses a spinddle motor hhaving a “ssalient pol
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`arm porrtion of a salient polee core, wheerein the cooil wound
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`on the saliient pole coore
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`is flattenned,” and tthen encappsulating thhe coil andd core with “a moldinng materiall
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`19
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`stator. ((Ex. 1005, pp. 2-3.) KKoizumi’s stator is “mmade by wwinding a cooil onto th
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