IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Trial Number: __________
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`Attorney Ref.: 1307.0003ZB
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`Petitioner: Ravin Crossbows, LLC
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`In re U.S. Patent No.: 8,453,631 B1
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`Filed: July 25, 2012
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`Issued: June 4, 2013
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`Inventors: David H. Kronengold, Allen C. Rasor, Kevin Hansen
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`Patent Owner: Precision Shooting Equipment, Inc.
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`Title: Release Assembly for Crossbow
`__________________________________________________________________
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`PETITION FOR INTER PARTES REVIEW
`OF CLAIM 1 OF U.S. PATENT NO. 8,453,631
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`TABLE OF CONTENTS
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`I. MANDATORY NOTICES ............................................................................. 3
`A. Real Party-In-Interest ................................................................................. 3
`B. Related Matters .......................................................................................... 3
`C. Lead and Backup Counsel ......................................................................... 4
`D. Service Information ................................................................................... 5
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`SERVICE ......................................................................................................... 5
`II.
`III. FEES ................................................................................................................ 5
`IV. SUMMARY OF THE ‘631 PATENT ............................................................. 5
`A. The Specification ....................................................................................... 5
`B. The Challenged Claim ............................................................................... 8
`C. The Prosecution History ............................................................................ 9
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`V. REQUIREMENTS FOR IPR UNDER 37 C.F.R. § 42.104 .......................... 13
`A. Grounds for Standing ............................................................................... 13
`B. Introduction to the Challenge and Relief Requested ............................... 14
`C. Claim Construction .................................................................................. 17
`1. “actuating lever which cooperates with the trigger” ...................... 17
`2. “rope” ............................................................................................. 18
`D. Level of Ordinary Skill in the Art .......................................................... 19
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`VI. THERE IS A REASONABLE LIKELIHOOD THAT CLAIM 1 IS
`UNPATENTABLE ........................................................................................ 20
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`A. The Yehle Patents .................................................................................... 20
`1. Yehle ‘567 ...................................................................................... 20
`2. Yehle ‘453 ...................................................................................... 23
`B. Ground 1: Claim 1 is Anticipated By Yehle ‘453 .................................. 25
`C. Ground 2: Claim 1 is Obviated By Yehle ‘453 in View of
` Yehle ‘567 ............................................................................................... 32
`D. Ground 3: Claim 1 is Obviated By Yehle ‘567 in View of Chang or
`Bednar ‘128 ............................................................................................. 33
`E. Ground 4: Claim 1 is Obviated By Chang or Bednar ‘128 in
` View of Yehle ‘567 .................................................................................. 40
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`F. Ground 5: Claim 1 is Obviated By the 2007 Stryker Manual in View of
`Darlington, Bednar ‘520 or Yehle ‘567.................................................... 46
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`VII. CONCLUSION .............................................................................................. 59
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 1
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`EXHIBITS
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`U.S. Patent No. 8,240,299 (“the ‘299 patent”)
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`U.S. Patent No. 8,453,631 (“the ‘631 patent”)
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`U.S. Patent No. 7,784,453 to Yehle (“Yehle ‘453”)
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`U.S. Patent No. 7,770,567 to Yehle (“Yehle ‘567”)
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`U.S. Patent No. 7,100,590 to Chang (“Chang”)
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`U.S. Patent No. 6,095,128 to Bednar (“Bednar ‘128”)
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`2007 Owner’s Manual, Stryker Crossbow (“2007 Stryker
`Manual”)
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`U.S. Patent No. 5,884,614 to Darlington et al.
`(“Darlington”)
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`U.S. Patent No. 5,649,520 to Bednar (“Bednar ‘520”)
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`Payne-Gallwey, The Crossbow Mediaeval and Modern
`Military and Sporting, Part II (chapters X – XXXVI)
`(Longmans, Green, and Co. 1903) (“Payne”)
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`U.S. Patent No. 7,174,884 to Kempf (“Kempf”)
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`U.S. Application No. 13/558,173, March 15, 2013 Notice
`of Allowance
`Declaration of Robert Mizek Regarding U.S. Patent No.
`8,453,631
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`R1001
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`R1002
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`R1003
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`R1004
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`R1005
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`R1006
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`R1007
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`R1008
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`R1009
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`R1010
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`R1011
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`R1012
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`R1013
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 2
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`U.S. Application No. 12/350,123, January 7, 2009
`Application
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`U.S. Application No. 12/350,123, March 12, 2012 Office
`Action
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`U.S. Application No. 12/350,123, May 15, 2012
`Amendment
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`U.S. Application No. 12/350,123, May 30, 2012 Notice
`of Allowance
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`R1014
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`R1015
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`R1016
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`R1017
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 3
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`Ravin Crossbows, LLC (“Petitioner”) petitions for inter partes review
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`(“IPR”) under 35 U.S.C. §§ 311-319 and 37 C.F.R. §§ 42.1 et seq. of claim 1 of
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`U.S. Patent No. 8,453,631 (“the ‘631 patent”). Review should be instituted
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`because there is a reasonable likelihood that Petitioner will prevail on the
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`challenged claim.
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`I. MANDATORY NOTICES
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`Petitioner submits the following mandatory notices pursuant to 37 C.F.R. §
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`42.8(b).
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`A. Real Party-In-Interest
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`The real party in interest is Ravin Crossbows, LLC, 69 N. 28th St. Suite 500,
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`Superior WI 54880. Ravin Crossbows, LLC is a single-member Wisconsin
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`Limited Liability Company that is wholly-owned by Venatics, Inc., a Wisconsin S-
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`corporation.
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`B. Related Matters
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`On December 12, 2016, Patent Owner Precision Shooting Equipment, Inc.
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`filed suit against Petitioner for infringement of the ‘631 patent and related U.S.
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`Patent No. 8,240,299 (“the ‘299 patent”). That suit is captioned Precision
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`Shooting Equipment, Inc. v. Ravin Crossbows, LLC, Civil Action No. 16-cv-820-
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`slc (W.D. Wis.).
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`Petition for IPR of U.S. Patent No. 8,453,631
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`C. Lead and Backup Counsel
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`Page 4
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`Petitioner’s counsel are:
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`Lead Counsel:
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`J. Derek Vandenburgh (Reg. No. 32,179)
`dvandenburgh@carlsoncaspers.com
`Carlson, Caspers, Vandenburgh, Lindquist & Schuman,
`P.A.
`Capella Tower, Suite 4200
`225 South Sixth Street
`Minneapolis, MN 55402 USA
`Tel: 612-436-9600
`Fax: 612-436-9605
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`Backup Counsel: Jonathan D. Carpenter (Reg. No. 56,172)
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`jcarpenter@carlsoncaspers.com
`Carlson, Caspers, Vandenburgh, Lindquist & Schuman,
`P.A.
`Capella Tower, Suite 4200
`225 South Sixth Street
`Minneapolis, MN 55402 USA
`Tel: 612-436-9600
` Fax: 612-436-9605
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`Iain A. McIntyre (Reg. No. 40,337)
`imcintyre@carlsoncaspers.com
`Carlson, Caspers, Vandenburgh, Lindquist & Schuman,
`P.A.
`Capella Tower, Suite 4200
`225 South Sixth Street
`Minneapolis, MN 55402 USA
`Tel: 612-436-9600
` Fax: 612-436-9605
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`Pursuant to 37 C.F.R. § 42.10(a), a Power of Attorney is submitted with this
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`Petition.
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`Petition for IPR of U.S. Patent No. 8,453,631
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`D. Service Information
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`Page 5
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`Please address all correspondence and service to both lead and backup
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`counsel listed above. Service may be made electronically via email to lead and
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`backup counsel at the email addresses provided above, as well as to
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`IPR@carlsoncaspers.com.
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`II. SERVICE
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`Petitioner has served by FedEx, on even date herewith, the Petition, Power
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`of Attorney and supporting evidence on (i) the Patent Owner, (ii) the correspondent
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`attorney of record of Patent Owner as listed on USPTO PAIR and (iii) the
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`attorneys of record in the pending litigation identified above. A certificate of
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`service is attached at the end of this Petition, pursuant to 37 C.F.R. § 42.6(e)(4)(i).
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`III. FEES
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`Pursuant to 37 C.F.R. § 42.15(a)(i), Petitioner encloses the associated fee of
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`$23,000.00 with this Petition.
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`IV. SUMMARY OF THE ‘631 PATENT
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`A.
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`The Specification
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`The ‘631 patent is entitled Release Assembly for Crossbow. A preferred
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`embodiment of the disclosed crossbow is shown in Figure 1:
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 6
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`Figure 1 shows a crossbow 20 having an elongated frame member 34 secured at
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`one end to a riser 40 and at the other end to a lower receiver 22 and an upper
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`housing 82. The riser supports flexible limbs 50 and 52 and power cams 62 and
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`64. Bowstring 66 and power cables 68 and 70 extend between the cams.
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`In order to retract and release the bowstring, the ‘631 patent discloses a
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`movable bowstring release 86 that slides along a channel 87 formed in the upper
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`surface of the frame member. A windlass-style string retractor includes a crank
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`arm 84 operably connected through gearing to a spool 120 (see Figures 5 and 10)
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`located within an upper housing 82. One end of a rope 88 is connected to the
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`spool, while the other end is connected to the movable bowstring release. To
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`retract the bowstring, the user first moves the bowstring release forward along the
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`channel 87 to a location proximate the riser to engage the bowstring (Fig. 2A), and
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`Petition for IPR of U.S. Patent No. 8,453,631
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`then turns handle 84, causing the rope to wind on the spool and draw the bowstring
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`release with the attached bowstring back to the drawn position (Fig. 2B):
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`(R1002, 9:9-29, Figs. 2A, 2B; R1013, ¶¶ 27-28.)
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`Figure 14 showing the inner structure of the bowstring release 86 after a bow
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`has been fired, while Figure 16 shows the same view when the bowstring release is
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`in its firing position:
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`(R1002, 12:9-39; R1013, ¶29.)
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`The bowstring release includes a bowstring hook 162 and a sear member 180
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`pivotably mounted within the housing of the bowstring release. (R1002, 12:4-6,
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`12:17-20.) The bowstring hook 162 engages and holds the bowstring during
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`Petition for IPR of U.S. Patent No. 8,453,631
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`retraction of the bowstring release to the firing position. When in the firing
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`position shown in Figure 16, the sear member 180 engages the bowstring hook to
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`hold it in the firing position. To fire the bow, the user pulls the trigger located in
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`the lower receiver, causing hammer 169 to be released and to press against the
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`lower end 181 of the sear member. The movement of the hammer against the
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`lower end of the sear member causes the sear member to rotate out of engagement
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`with the bowstring hook and release the bowstring. (Id., 12:55-59; R1013, ¶ 30.)
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`B.
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`The Challenged Claim
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`Only claim 1 is challenged in this Petition. It reads as follows:
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`1. A crossbow comprising in combination:
`a. a riser having a central portion and opposing end portions;
`b. first and second limbs coupled to the opposing end portions
`of the riser, the first limb extending from the riser toward a first limb
`tip, and the second limb extending from the riser toward a second
`limb tip;
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`c. a bowstring extending between the first limb tip and the
`second limb tip for propelling an arrow;
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`d. an elongated frame member having first and second opposing
`ends, the first end being coupled to the riser;
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`e. a trigger disposed proximate the second end of the elongated
`frame member for being pulled by a user;
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`f. a bowstring release being movable along the elongated frame
`member, the bowstring release including a bowstring hook for
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`Petition for IPR of U.S. Patent No. 8,453,631
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`selectively engaging the bowstring when the bowstring release is
`moved proximate the riser, the bowstring release including an
`actuating lever which cooperates with the trigger when the bowstring
`release is moved proximate the trigger, the actuating lever being
`responsive to the trigger for selectively releasing the bowstring from
`the bowstring hook when a user pulls the trigger; and
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`g. a string retractor coupled to the second end of the elongated
`frame member, and including a rope coupled to the bowstring release
`for pulling the bowstring release, and the bowstring engaged
`therewith, away from the riser toward a drawn position proximate the
`second end of the elongated frame member, wherein the actuating
`lever of the bowstring release is disposed proximate to the trigger.
`C.
`The Prosecution History
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`The ‘631 patent claims issued from Application No. 13/558,173 (“the ‘173
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`Application”) filed on July 25, 2012, and claims priority as a divisional of
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`Application No. 12/350,123 (“the ‘123 Application”) filed on January 7, 2009.
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`The focus of prosecution in both the ‘173 and ‘123 Applications was the
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`patentability of the claims over Kempf (Exhibit R1011). (See R1015, pp. 2-7;
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`R1016, pp. 6-7; R1017, p. 2; R1012, pp. 2-3.) Figures 1 and 2 of Kempf are
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`shown below:
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`Page 10
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`Kempf shows a crossbow having elements (a) – (e) and (g) of claim 1 of the ‘631
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`patent, i.e., a riser 20, first and second limbs 24, 26 attached to the riser, a
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`bowstring 48 extending between the limb tips; an elongated frame member 16, a
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`trigger 124 and a string retractor 56. (Exhibit R1011, 2:33-3:19, Figs. 1, 2.)
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`Kempf does not, however, show a movable release member as claimed in element
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`(f) of claim 1. Instead, Kempf’s release member 62 is fixed on the frame:
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 11
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`(Id., 3:20-25.) The string retractor 56 has a band 58 and hook 60 that engages the
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`bowstring back and pulls it back to the stationary release member 62. (Id., 4:17-
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`24.)
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`The parent ‘123 Application was filed with both apparatus and method
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`claims. (R1014, pp. 26-33.) In response to a restriction requirement, the method
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`claims were prosecuted in the ‘123 application, while the apparatus claims were
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`prosecuted in the subsequent ‘173 application. The claims of both applications
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`were allowed because of the claimed requirement (added by amendment in both
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`applications1) for a string retractor that is movable along the frame member and
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`1 Apparatus claim 1 of the ‘173 application was allowed as filed, but paragraph (f)
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`of that claim was amended relative to claim 1 of the ‘123 application as follows:
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`Petition for IPR of U.S. Patent No. 8,453,631
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`has both a bowstring hook and an actuating lever for releasing the bowstring. (See
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`Page 12
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`R1017, p. 2; R1012, pp. 2-3.) Here is the Examiner’s statement of reasons for
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`allowance in the ‘173 application:
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`f. a bowstring release being movable along the elongated frame
`member, the bowstring release including a bowstring hook for
`selectively engaging the bowstring when the bowstring release is
`moved proximate the riser, [and] the bowstring release including an
`actuating lever which cooperates with the trigger when the bowstring
`release is moved proximate the trigger, the actuating lever being
`responsive to the trigger for selectively releasing the bowstring from
`the bowstring hook when a user pulls the trigger; and
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`(Compare R1014, p. 26 with R1002, 15:61-16:3.)
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 13
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`(R1012, pp. 2-3.)
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`V. REQUIREMENTS FOR IPR UNDER 37 C.F.R. § 42.104
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`A. Grounds for Standing
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`Petitioner certifies that the ‘631 patent is available for inter partes review
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`and that Petitioner is not barred or estopped from requesting an inter partes review
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`challenging claim 1 of the ‘631 patent on the grounds set forth below.
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 14
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`Introduction to the Challenge and Relief Requested
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`B.
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`Petitioner requests inter partes review of claim 1 of the ‘631 patent and that
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`claim 1 be found invalid on the following bases:
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`GROUND
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`BASIS FOR INVALIDATION
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`1
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`2
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`3
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`4
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`5
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`Anticipated under § 102 based on Yehle ‘453
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`Obvious under § 103 based on Yehle ‘453 in view of Yehle
`‘567
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`Obvious under § 103 based on Yehle ‘567 in view of Chang
`or Bednar ‘128
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`Obvious under § 103 based on Chang or Bednar ‘128 in view
`of Yehle ‘567
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`Obvious under § 103 based on the 2007 Stryker Manual in
`view of Darlington, Bednar ‘520 or Yehle ‘567
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`A detailed explanation of why claim 1 is invalid is provided below in
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`Section VI, especially in light of the supporting evidentiary declaration of Robert
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`Mizek, Exhibit R1013.
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`The ‘631 patent claims priority to the ‘123 application filed on January 7,
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`2009. The two Yehle patents (Yehle ‘453 and Yehle ‘567) issued from patent
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`applications filed on October 31, 2007 and June 14, 2007, respectively and,
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`therefore, presumptively qualify as prior art to the ‘631 patent under 35 U.S.C. §
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`102(e). The 2007 Stryker Manual was submitted as prior art during prosecution of
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`the ‘631 patent and is admitted to be prior art in the ‘631 specification. (R1002,
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 15
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`cover page and 2:55-59.) The secondary references (Chang, Bednar ‘128,
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`Darlington and Bednar ‘520) all qualify as prior art under 35 U.S.C. § 102(b).
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`In connection with the ongoing litigation, Patent Owner has disputed that
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`Yehle ‘453 and Yehle ‘567 qualify as prior art to the ‘631 patent.2 Patent Owner
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`has asserted that the subject matter of claim 1 was conceived “no later than
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`November 27, 2006” and was reduced to practice “no later than April of 2008.”
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`Patent Owner has not yet identified evidence to support these assertions, nor has it
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`identified evidence showing diligence during the time period between the alleged
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`conception and the alleged reduction to practice.
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`Patent Owner bears the burden of producing evidence antedating the Yehle
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`patents. See Dynamic Drinkware, LLC v. Nat’l Graphics, Inc., 800 F.3d 1375,
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`1378–80 (Fed. Cir. 2015). Patent Owner faces a difficult burden. In addition to
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`providing corroborated evidence of both conception and reduction to practice of
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`the entire claimed invention, Patent Owner will need to provide evidence of
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`2 The crossbow disclosed in Yehle ‘453 and Yehle ‘567 was commercialized
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`under the brand name “Stryker” and corresponds to the crossbow shown in the
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`2007 Stryker Manual. Patent Owner does not dispute that the Stryker crossbow
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`and the 2007 Stryker Manual both constitute prior art to the ‘631 patent. Due to
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`Patent Office Rules, none of the proposed grounds in this proceeding rely on the
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`Stryker crossbow itself.
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 16
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`reasonable diligence for an extended period of time – at least six months for Yehle
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`‘453 and at least ten months for Yehle ‘567.3 Given the factual nature of this
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`inquiry, Petitioner respectfully submits that, even if Patent Owner responds to this
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`Petition with evidence of conception, reduction to practice and diligence, the Board
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`should still grant the petition on Grounds 1-4 to allow a full record to be developed
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`as to the bases for invalidity that rely on Yehle ‘567 and/or Yehle ‘453. See Gep
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`Power Prods., Inc. v. Arctic Cat, Inc., IPR2016-01385, Paper 11 at 9-12 (PTAB
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`Jan. 3, 2017).4
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`
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`3 To antedate a reference having a reference date that is between the inventor’s
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`dates of conception and reduction to practice, the inventor must show reasonable
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`diligence throughout the time period starting just before the reference date and
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`continuing until the reduction to practice. Perfect Surgical Techniques v. Olympus
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`Am., Inc., 841 F.3d 1004, 1007, 1009 (Fed. Cir. 2016) (citing Tyco Healthcare
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`Grp. v. Ethicon Endo-Surgery, Inc., 774 F.3d 968, 975 (Fed. Cir. 2014); Monsanto
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`Co. v. Mycogen Plant Sci., Inc., 261 F.3d 1356, 1370 (Fed. Cir. 2001)).
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`4 Regardless of the antedating determination, Petitioner respectfully submits that
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`the Board should grant the petition as to Ground 5, which is not dependent on
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`either of the Yehle patents.
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`Petition for IPR of U.S. Patent No. 8,453,631
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`C. Claim Construction
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`Page 17
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`Petitioner submits that, for purposes of this IPR, all claim terms should be
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`given their plain meaning under the proper broadest reasonable construction
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`(“BRI”) standard, and provides the following specific constructions for terms
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`where the broadest reasonable interpretation may not be entirely clear.
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`1.
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`“actuating lever which cooperates with the trigger”
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`Claim 1 of the ‘631 patent states that the bowstring release has an “actuating
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`lever which cooperates with the trigger…, the actuating lever being responsive to
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`the trigger for selectively releasing the bowstring from the bowstring hook when a
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`user pulls the trigger.”
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`The ordinary meaning of a “lever” is a pivoting arm. (R1013, ¶ 38.) This is
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`consistent with the specification. In the preferred embodiment, the claimed
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`“actuating lever” corresponds to sear member 180, which is an arm that pivots
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`around pivot pin 182. (R1002, 12:3-6, Figs. 14-16; R1013, ¶ 38.)
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`The broadest reasonable construction of “cooperates with the trigger”
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`encompasses both direct and indirect interactions between the actuating lever and
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`the trigger. (R1013, ¶¶ 39, 40.) This is necessary in order to avoid excluding the
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`preferred embodiment from the claims. (Id.) In the embodiment disclosed in the
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`‘631 specification, the trigger does not directly engage the actuating lever, but
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`rather interacts with the actuating lever only indirectly through a separate
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`Petition for IPR of U.S. Patent No. 8,453,631
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`component. In particular, the trigger is operatively connected to a hammer.
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`(R1002, 7:43-52; R1013, ¶ 39.) Pulling the trigger releases the hammer, which in
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`turn rotates to strike the actuating lever and release the bowstring. (R1002, 7:43-
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`52, 12:29-39, Fig. 14; R1013, ¶ 39.)
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`Thus, the phrase “actuating lever which cooperates with the trigger” should
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`be interpreted under the BRI standard as encompassing a pivoting arm that
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`interacts, directly or indirectly, with the trigger.
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`2.
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`“rope”
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`Claim 1 of the ‘631 patent requires that the string retractor has a “rope”
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`coupled to the bowstring release for pulling the bowstring release. In the crossbow
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`art, the term “rope” refers to a thin, flexible elongated cord of generally circular
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`cross-section. (R1013, ¶ 35.) This is consistent with what is shown and described
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`in the ‘631 patent. (See, e.g., R1002, Fig. 1 (element 88), 9:15-18 (“Retractor rope
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`88 is preferably made from a braided Dyneema (‘Spectra’) high-molecular weight
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`cord having a diameter of 7/64 inch and rated at 1,400 pounds of tensile pull
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`breaking strength.”).)
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`In the pending litigation, however, the Patentee has taken a broader
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`interpretation of “rope.” Patentee has asserted that the wide, flat cocking strap in
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`Petitioner’s accused products constitutes a “rope”:
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`Petition for IPR of U.S. Patent No. 8,453,631
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`(R1013, ¶ 36.) Petitioner’s strap is far from circular in cross section; indeed, the
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`aspect ratio of Petitioner’s strap (width to thickness) is approximately 6.25:1. (Id.)
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`Given Patent Owner’s litigation assertions, the term “rope” should be interpreted
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`under the BRI standard as encompassing any flexible tensioning member,
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`regardless of its construction or cross-sectional shape.
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`D. Level of Ordinary Skill in the Art
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`A hypothetical person of ordinary skill in the art to which the ‘631 patent
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`pertains would be a technical person who has at least some experience working in
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`the field of archery product design or engineering related to bows and/or
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`crossbows, and is generally familiar with prior art crossbow designs. Such a
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`person would likely have a bachelor’s degree in mechanical engineering or,
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`alternatively, would have several years of experience working in the field of
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`archery product design or engineering related to bows and/or crossbows.
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`Petition for IPR of U.S. Patent No. 8,453,631
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`VI. THERE IS A REASONABLE LIKELIHOOD THAT CLAIM 1 IS
`UNPATENTABLE
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`Page 20
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`A.
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`The Yehle Patents
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`The two Yehle patents are particularly relevant to the patentability of claim
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`1 of the ‘631 patent. The earlier-filed Yehle ‘567 discloses the “missing element”
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`that led to allowance of the ‘631 patent: a movable bowstring release assembly
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`(called a “carrier” in Yehle ‘567) that slides along the frame and includes both a
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`bowstring hook and an actuating lever for releasing the bowstring. The later-filed
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`Yehle ‘453 shows the movable bowstring release of Yehle ‘567 incorporated into
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`an overall crossbow, and thereby discloses the remaining elements of claim 1 of
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`the ‘631 patent.
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`
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`1.
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`Yehle ‘567
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`Yehle ‘567 (R1004) is titled Safety Trigger for a Crossbow. Figure 1 shows
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`the overall trigger assembly, while Figures 4 and 5 show the trigger assembly
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`immediately before and after firing:
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 21
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`These figures show a trigger housing 10 that is contained within or secured to the
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`stock or rail of the crossbow. (R1004, 2:16-21.) The trigger assembly includes a
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`trigger block 18, a trigger rod 12, a sear 14 attached to the trigger rod, and a
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`hammer 68 rotatably mounted to the trigger housing. (Id., 4:56-67.) Shown within
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`the housing (but movable relative to it) is a carrier 60 that is “reciprocally movable
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`along the crossbow.” (Id., 2:50-62.) The movable carrier includes a caliper 62 that
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`engages the bowstring, and a trigger sear 64 and fail-safe jam 66, both of which
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`rotate to release bowstring. (Id.; R1013, ¶ 42.)
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`
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`To operate a crossbow having the disclosed trigger assembly, the carrier 60
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`is moved along the crossbow to its forward position near the front of the crossbow,
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`and the front end of the caliper is pushed downward to engage the bowstring.
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`(R1004, 2:63 – 3:3.) Bias springs associated with the trigger sear and fail-safe jam
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`cause them to rotate into position to hold the caliper in the engaged position with
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`the bowstring. (Id., 3:3-11.) A drawing mechanism is then used to draw the
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`Petition for IPR of U.S. Patent No. 8,453,631
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`carrier and attached bowstring back to the drawn position shown in Figs. 4 and 5
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`above. (Id., 3:14-17.) A bolt can then be loaded onto the crossbow with the nock
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`positioned against the bowstring. (Id., 4:19-22; R1013, ¶ 43.)
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`To fire the crossbow, the user pulls the trigger, causing trigger rod 12 and
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`sear 14 to slide to the left in the above figures. (R1004, 4:62 – 5:13.) That
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`movement causes sear 14 to disengage from hammer 68, which rotates clockwise
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`under its bias force to act against fail-safe jam 66. (Id.) Rotation of the fail-safe
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`jam causes it to disengage from trigger sear 64, allowing the trigger sear and
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`caliper 62 to rotate to release the bowstring and shoot the arrow (bolt). (Id.) Yehle
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`‘567 also describes an alternative arrangement where the trigger sear has an “over
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`center” design such that it does not automatically rotate when the fail-safe jam
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`disengages, in which case the hammer directly strikes the trigger sear to cause it to
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`rotate and release from the caliper. (Id., 3:11-14, 5:14-21; R1013, ¶ 44.)
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`Yehle ‘567 focuses only on the trigger assembly and does not show other
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`conventional elements of a crossbow, such as the frame, riser and limbs. Similarly,
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`Yehle ‘567 does not show any particular retractor mechanism for retracting the
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`movable carrier and bowstring, but rather notes that a “drawing mechanism of any
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`suitable type” may be used. (R1004, col. 2:52-55; R1013, ¶ 45.)
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`Petition for IPR of U.S. Patent No. 8,453,631
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`2.
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`Yehle ‘453
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`Page 23
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`Yehle ‘453 (R1003) shows the trigger assembly of Yehle ‘567 incorporated
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`into an entire crossbow. Figure 1 shows the overall crossbow, including barrel 12,
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`stock 14, and bow 16 having a riser and limbs 16a and 16b:
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`(R1003, 2:25-30; R1013, ¶ 46.) Figures 3-5 of Yehle ‘453 show the movable
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`carrier 116 and trigger housing 20 that is described in more detail in Yehle ‘567:
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 24
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`(R1013, ¶ 47.) In discussing the carrier and trigger housing, Yehle ‘453 expressly
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`incorporates by reference the application that issued as Yehle ‘567. (R1003, 4:37-
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`42, 5:7-10; R1013, ¶ 48.)
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`
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`Yehle ‘453 also shows a retractor mechanism for drawing the movable
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`carrier and bowstring back and forth along the barrel. As shown above in Fig. 4,
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`the retractor mechanism includes a chain 114 that extends around sprockets
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`112/120 and is attached at both ends to the movable carrier 116. (R1003, 2:48-51,
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`5:28-32.) A crank attached through gearing to the drive sprocket 112 allows the
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`user to move the carrier 116 back and forth along the barrel 12. (Id., 2:48-64, 4:1-
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`33.) The ‘453 patent also teaches that alternative drive members and tension
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`members can be used:
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 25
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`Instead of drive sprocket 112, any other suitable rotary drive member
`can be employed, e.g., a sprocket, a pulley, or other suitable rotary
`drive member. Instead of chain 114, any other suitable tension
`member can be engaged with the rotary drive member and connected
`to the catch 116, e.g., a chain, a cable, a belt, a ribbon, or other
`suitable tension member.
`(Id., 4:52-57; R1013, ¶ 49.)
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`B. Ground 1: Claim 1 is Anticipated By Yehle ‘453
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`Yehle ‘453 shows a crossbow having each of limitations (a) – (f) set
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`forth in claim 1 of the ‘631 patent.
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`a riser having a central portion and opposing end portions;
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`a.
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`Yehle ‘453 discloses a riser having a central portion and opposing end
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`portions:
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`
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`(R1013, ¶ 63; R1003, Fig. 1.)
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`Petition for IPR of U.S. Patent No. 8,453,631
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`Page 26
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`b.
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`first and second limbs coupled to the opposing end portions of
`the riser, the first limb extending from the riser toward a first
`limb tip, and the second limb extending from the riser toward a
`second limb tip;
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`
`First and second limbs 16a and 16b are coupled to the end portions of the
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`riser, with each limb extending from the riser toward a limb tip:
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`
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`(R1013, ¶ 64; R1003, 2:25-33, Fig. 1.)
`
`
`c.
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`a bowstring extending between the first limb tip and the second
`limb tip for propelling an arrow;
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`
`Bowstring 18 extends between the limb tips for propelling an arrow:
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`Petition for IPR of U.S. Patent No. 8,453,631
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`(R1013, ¶ 65; R1003, 2:25-33, Fig. 1.)
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`Page 27
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`d.
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`an elongated frame member having first and second opposing
`ends, the first end being coupled to the riser;
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`
`Barrel 12 is an elongated frame member and has opposing ends, with the
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`first end connected to the riser:
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`(R1013, ¶ 66; R1003, 2:25-33, Fig. 1.)
`
`
`
`e.
`
`a trigger disposed proximate the second end of the elongated
`frame member for being pulled by a user;
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`
`Trigger (made up of trigger block and trigger rod) is disposed proximate the
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`second end of the barrel 12 for being pulled by the user:
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`
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`Petition for IPR of U.S. Patent No. 8,453,631
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`(R1013, ¶ 67; R1003, Fig. 5.)
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`Page 28
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`f.
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`a bowstring release being movable along the elongated frame
`member, the bowstring release including a bowstring hook for
`selectively engaging the bowstring when the bowstring release
`is moved proximate the riser, the bowstring release including