I.
`
`I, Lauren Gluckman, state and declare as follows:
`Introduction
`1.
`I have prepared this Declaration in connection with a petition for
`
`inter partes review of U.S. Patent Nos. 10,973,613; 11,154,384; 11,648,090; and
`
`11,648,091 which I understand will be filed concurrently with this Declaration.
`
`2.
`
`I am currently a Senior Research Analyst at Finnegan, Henderson,
`
`Farabow, Garrett & Dunner, LLP, 901 New York Avenue, NW, Washington, DC
`
`20001-4413.
`
`3.
`
`I am over eighteen years of age and am competent to make this
`
`Declaration. I make this Declaration based on my own personal knowledge and
`
`based on my knowledge of library science practices.
`
`4.
`
`I earned a Master of Science in Library Science (“MLS”) from
`
`Rutgers University in 1993, and a Bachelor of Arts in Political Science from
`
`Rutgers University in 1991. I have worked as a librarian for over thirty years. I
`
`have been employed at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`
`since August 2021. My previous position, from 2006-2021, was as the Head of
`
`Collection Management and Reference Librarian at the Montague Law Library at
`
`Penn State Law of the Pennsylvania State University. From 2002-2006, I was
`
`employed as a Reference Librarian at Sutherland Asbill & Brennan. I was
`
`employed as a Senior Reference Librarian at the United States Senate Library from
`
`1
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`ClearCorrect Exhibit 1012, Page 1 of 13
`
`
`
`I, Lauren Gluckman, state and declare as follows:
`Introduction
`1.
`I have prepared this Declaration in connection with a petition for
`
`inter partes review of U.S. Patent Nos. 10,973,613; 11,154,384; 11,648,090; and
`
`11,648,091 which I understand will be filed concurrently with this Declaration.
`
`2.
`
`I am currently a Senior Research Analyst at Finnegan, Henderson,
`
`Farabow, Garrett & Dunner, LLP, 901 New York Avenue, NW, Washington, DC
`
`20001-4413.
`
`3.
`
`I am over eighteen years of age and am competent to make this
`
`Declaration. I make this Declaration based on my own personal knowledge and
`
`based on my knowledge of library science practices.
`
`4.
`
`I earned a Master of Science in Library Science (“MLS”) from
`
`Rutgers University in 1993, and a Bachelor of Arts in Political Science from
`
`Rutgers University in 1991. I have worked as a librarian for over thirty years. I
`
`have been employed at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`
`since August 2021. My previous position, from 2006-2021, was as the Head of
`
`Collection Management and Reference Librarian at the Montague Law Library at
`
`Penn State Law of the Pennsylvania State University. From 2002-2006, I was
`
`employed as a Reference Librarian at Sutherland Asbill & Brennan. I was
`
`employed as a Senior Reference Librarian at the United States Senate Library from
`
`1
`
`ClearCorrect Exhibit 1012, Page 1 of 13
`
`
`
`1996-2002 and from 1993-1995 I was an Assistant Librarian at Debevoise &
`
`Plimpton.
`
`5. I am a member of the American Association of Law Libraries.
`
`II.
`
`Standard Library Practice for Receiving, Cataloging, and Making
`Materials, including Serial and Monograph Publications, Publicly
`Available
`6.
`I have knowledge of and experience with standard library practices
`
`regarding the receipt, cataloging, shelving, and making materials, including serial
`
`and monograph publications, available to the public. I have knowledge of and
`
`experience with the Machine-Readable Cataloging (MARC) system, an industry-
`
`wide standard that libraries use to catalog materials. I also have knowledge of and
`
`experience with OCLC (previously called Online Computer Library Center, Inc.)
`
`and OCLC Control Numbers, which are unique accession numbers assigned by the
`
`OCLC system when a bibliographic record is catalogued and made available to the
`
`public through WorldCat. OCLC control numbers are often used by the public to
`
`search for specific records within WorldCat, which is an online database of
`
`586,648,074 bibliographic records from libraries throughout the world as of
`
`December 2024 (Source: https://www.oclc.org/en/worldcat/inside-worldcat.html).
`
`7.
`
`Based on standard library practice, when a library receives a print
`
`item, the cataloguer or cataloguer’s assistant will examine the item and date-stamp
`
`and/or affix a label to the item with the library name and/or barcode with the date it
`
`
`
`2
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`ClearCorrect Exhibit 1012, Page 2 of 13
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`
`
`was received. Next, the library will catalog the item within a few days of receiving
`
`it. As a general practice, cataloguing is centralized and performed by a cataloguing
`
`department within a library or university setting.
`
`8.
`
`Normally, after an item is cataloged, the public may access the item
`
`by searching a library online catalog, browsing the physical library shelves,
`
`searching a physical card catalog, or by seeking assistance from a Librarian to
`
`identify the item. Standard library practice is to make an item available to the
`
`public within several days of cataloging. If an item requires original cataloguing,
`
`the item will be made available to the public up to and including one week from
`
`the date of receipt.
`
`III. Serial Publications
`A serial publication, often known as a “journal” or “periodical,” is a
`9.
`
`resource that is issued in successive parts and has no predetermined conclusion.
`
`These successive parts are commonly referred to as “issues,” and each issue is
`
`usually chronologically numbered and dated. The presence of enumeration, years
`
`of coverage, and/or other chronological information also indicates a serial
`
`publication.
`
`10. There are significant differences between cataloging finite resources
`
`(books/monographs) and continuing resources (serials). For serials, the catalog
`
`record provides information about the serial as a whole, including the first or
`
`
`
`3
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`ClearCorrect Exhibit 1012, Page 3 of 13
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`
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`earliest available issue. It also provides information as to holdings – the volumes
`
`and issues, with dates, received by the library and made available to the public. In
`
`serials cataloging, there are identifying characteristics unique to serials that are
`
`slightly different from monographs (books). The issue date for a print serial
`
`publication, for example, generally appears on the cover (front or back), the
`
`masthead page, the title page (if any), the table of contents page(s), or on the pages
`
`of the individual articles contained in the issue. The initial periodicals cataloging
`
`record will sometimes not reflect all subsequent changes in publication details
`
`(including minor variations in title, etc.). More information regarding the unique
`
`aspects of cataloguing serials can be found at this link:
`
`https://www.loc.gov/aba/pcc/conser/scctppt/Basic-2014/Basic-Trainee-
`
`Mannual.pdf.
`
`IV. Ownership and Date-Stamp
`11. Libraries have different policies on whether to date-stamp received
`
`publications. It is becoming increasingly common for libraries to no longer date-
`
`stamp the publications they receive. In the past, it was common practice to affix an
`
`ownership and date stamp somewhere within the publication, usually on the cover
`
`page, verso of the cover page, or a designated page within the publication. The
`
`timing of when an ownership/date stamp is entered on the monograph or periodical
`
`can vary from one library to another. It could occur when the item is received in
`
`
`
`4
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`ClearCorrect Exhibit 1012, Page 4 of 13
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`
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`acquisitions after shipment to the library, or at the time of cataloging. Therefore, it
`
`is possible for there to be instances when the date of receipt precedes the
`
`cataloging date or vice versa.
`
`V. MARC Records
`12. The MARC system was developed during the 1960s to standardize
`
`bibliographic catalog records so they could be read by computers and shared
`
`among libraries. By the mid-1970s, MARC had become the international standard
`
`for cataloging bibliographic materials and is still used today. Many libraries
`
`provide public access to their MARC records via their electronic cataloging
`
`systems at the library. In a MARC record, each field provides specific information
`
`about the cataloged item, including how materials are held and when they were
`
`made available to the public.
`
`13. The MARC record system uses specific three-digit numeric codes
`
`(“field tags”) (from 001-999) to identify each field in a catalog record. For
`
`example, field tag 008 provides the six-digit date an item was catalogued (Date
`
`entered on file). The first six characters of field tag 008 are always in the
`
`“YYMMDD” format. Descriptions and definitions of all the character positions of
`
`field tag 008 are outlined here: https://www.loc.gov/marc/bibliographic/
`
`bd008a.html.
`
`
`
`5
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`ClearCorrect Exhibit 1012, Page 5 of 13
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`
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`14. As is relevant to this Declaration, MARC field tag 022 provides the
`
`International Standard Serial Number (ISSN), a unique identification number
`
`assigned to a serial publication. MARC field tag 245 sets forth the Title and
`
`statement of responsibility for the work. MARC field tag 260 sets forth
`
`information relating to the place of publication, printing, distribution, and
`
`copyright date. MARC field tag 949 sets forth notes regarding the local holding
`
`information.
`
`VI. The Internet Archive
`15. The Internet Archive, a 501(c)(3) non-profit and founded in 1996, is a
`
`publicly available and publicly accessible digital library of Internet sites and other
`
`cultural artifacts that can be searched and accessed in digital form. Its mission is to
`
`provide Universal Access to All Knowledge including books, films, magazines,
`
`websites, videos, software programs, audio recordings, and television. Like a
`
`physical library, it provides free access to everyone. The Internet Archive is
`
`available here: https://archive.org/.
`
`16. The Internet Archive created a resource known as the “Wayback
`
`Machine” (https://web.archive.org/). The Wayback Machine is named in reference
`
`to the famous Mr. Peabody’s WABAC (pronounced way-back) machine from the
`
`Rocky and Bullwinkle cartoon show. The Wayback Machine makes it possible to
`
`search and browse more than 450 billion publicly available web pages stored in the
`
`
`
`6
`
`ClearCorrect Exhibit 1012, Page 6 of 13
`
`
`
`Internet Archive's web archive. Visitors to the Wayback Machine can search the
`
`Archive by keyword(s) or by a website URL. If archived records for a URL or the
`
`keywords are available, the visitor will be presented with a display of available
`
`capture dates. The visitor may select one or more of those dates and be taken to the
`
`collection of web captures associated with the specific web crawls and the point in
`
`time from which the capture came.
`
`17. This archived data made publicly viewable and available by the
`
`Wayback Machine is obtained using web archiving software that automatically
`
`stores copies of files from the Internet, each file preserved as it existed at a
`
`particular point in time.
`
`18. The Internet Archive assigns a unique URL to all archived files within
`
`the Wayback Machine in the following format: http://web.archive.org/web/[Year in
`
`yyyy][Month in mm][Day in dd][Time code inhh:mm:ss]/[Archived URL]. This is
`
`known as an “extended URL” format.
`
`19. For example, the Internet Archive extended URL
`
`http://web.archive.org/web/19970126045828/http://www.archive.org/ denotes the
`
`URL for the record of the Internet Archive home page archived on January 26,
`
`1997 at 4:58 a.m. and 28 seconds (1997/01/26 at 04:58:28).
`
`
`
`7
`
`ClearCorrect Exhibit 1012, Page 7 of 13
`
`
`
`VII. Public Availability of Porter
`20. This Declaration relates to the date of receipt, accessibility, and public
`
`availability of the following reference: David S. Porter and Randy S. Beavers.
`
`Dishwasher Safe. Plastics Technology. December 2007(Porter). I understand the
`
`Porter reference is being submitted as Exhibit 1006.
`
`21. As detailed below, I have reviewed the print reference of Porter which
`
`I obtained from the collection of the Penn State University Libraries collection on
`
`November 25, 2024.
`
`22. Appendix 1 to this Declaration is a true and accurate copy of the
`
`cover page, table of contents and the reference for the print version of David S.
`
`Porter and Randy S. Beavers. Dishwasher Safe. Plastics Technology. December
`
`2007. Appendix 1 also sets forth the reference was received by the Penn State
`
`University Libraries on DEC 11 2007, as indicated with a date stamp.
`
`23. Appendix 2 to this Declaration is a true and accurate copy of the Penn
`
`State University Libraries public catalog record for its copy of Porter which was
`
`downloaded from https://catalog.libraries.psu.edu/catalog/83884 on November 25,
`
`2024.
`
`24. The Penn State University Libraries public catalog record, Appendix
`
`2 sets forth the publication, contents, and holdings information for its copy of
`
`
`
`8
`
`ClearCorrect Exhibit 1012, Page 8 of 13
`
`
`
`Porter 2007. Appendix 2 also denotes Porter is currently located in Library Storage
`
`as Annexed Material with a Call Number TP 1101 .P54 v. 53 July-Dec 2007.
`
`25. Appendix 3 contains the MARC record for its holdings of Porter.
`
`Appendix 3 was downloaded from https://catalog.libraries.psu.edu/catalog/-
`
`83884/marc_view on November 25, 2024. Appendix 3 confirms the fixed data
`
`elements of MARC field tag 008 as 970401c19559999xxumu1p 0 a0eng d. As
`
`discussed above, the first six characters “970401” are in typical “YYMMDD”
`
`format and indicate, Plastics Technology was cataloged by Penn State University
`
`Libraries on April 1, 1997. The “c” refers to the publication as a continuing
`
`resource currently published since 1955.
`
`26. MARC field tag 022 sets forth the unique ISSN as 0032-1257. MARC
`
`record field tag 245 sets forth the title of the publication as Plastics technology.
`
`MARC field tag 260 sets forth information relating to the place of publication,
`
`printing, distribution and the initial copyright date for Plastics technology as
`
`a| New York, N.Y., [etc.] : b| Bill Communications, Inc., [etc.], c| 1955-. MARC
`
`field tag 949 in Appendix 3 sets forth the local holdings information for Plastics
`
`technology containing Porter with the location of
`
`a| TP1101.P54 v.53 July-Dec.2007 w| LCPER c| 1 i| 000055233095 l| CATO-
`
`2 m| UP-ANNEX r| Y s| Y t| PERIODICAL u| 12/1/2008 z| 7169.
`
`
`
`9
`
`ClearCorrect Exhibit 1012, Page 9 of 13
`
`
`
`27. Based on the information in Appendices 2 and 3 attached to this
`
`Declaration, standard library practices, and my experience as a librarian, Porter
`
`was received by the Penn State University Libraries DEC 11 2007 as set forth in
`
`the date stamp on the cover page.
`
`28. Accordingly, based on the information set forth in Appendices 2 and
`
`3 attached to this Declaration, standard library practices and my experience as a
`
`librarian, Porter, would have been made available to the public within a few days
`
`of being checked-in and cataloged on DEC 11 2007. The interested public could
`
`have been able to access Porter by (i) searching the Penn State University Libraries
`
`public catalog, visiting the Library and searching the stacks at TP1101.P54 v.53
`
`July-Dec.2007; or (ii) by asking a Library staff member and being directed to the
`
`print resource located in the Library at Call Number TP1101.P54 within a few days
`
`of DEC 11 2007.
`
`VIII. Public Availability of Bayer Polymers Product Guide-Properties: Texin
`990R
`29. This Declaration relates to the public availability for the Bayer
`
`Polymers Product Guide-Properties: Texin 990R attached to my Declaration as
`
`Appendix 4. I understand Bayer Polymers Product Guide-Properties: Texin 990R
`
`is being submitted as Exhibit 1026.
`
`
`
`30. As detailed in the steps below, I searched the Internet Archive’s
`
`Wayback Machine, located the Bayer Polymers Products Guide-Properties: Texin
`10
`
`
`
`ClearCorrect Exhibit 1012, Page 10 of 13
`
`
`
`990R and reviewed the reference to determine the date of its public availability and
`
`accessibility.
`
`31.
`
`I first navigated to the Internet Archive website at https://archive.org/,
`
`which is attached here as Appendix 5. I next navigated to The Wayback Machine
`
`(which is prominently displayed on the homepage of the Internet Archive website)
`
`and clicked on its URL: https://web.archive.org/, attached here as Appendix 6. In
`
`the search box, I entered the search term “bayer polymers division” which took me
`
`to a page displaying the 370 URL captures for the Bayer Polymers Division during
`
`1998-2009 which bears the URL prefix:
`
`https://web.archive.org/web/20250000000000*/bayer%20polymers%20division
`
`attached here as Appendix 7. I next selected the link for the 370 captures, which
`
`opened the webpage bearing the URL
`
`https://web.archive.org/web/20010615000000*/http://bayer.polysort.com/, attached
`
`here as Appendix 8, and I navigated to the calendar selecting the year 2001 and
`
`selecting the largest bubble on MAR 31. I next chose the first snapshot of MAR 31
`
`indicated as 15:40:37,
`
`https://web.archive.org/web/20010331154037/http://bayer.polysort.com/, attached
`
`here as Appendix 9. I selected the “Main Site” to view,
`
`https://web.archive.org/web/20010406054033/http://www.polymers-
`
`usa.bayer.com/, attached here as Appendix 10 and further selected the “products
`
`
`
`11
`
`ClearCorrect Exhibit 1012, Page 11 of 13
`
`
`
`links”. From the “products links”, I selected
`
`https://web.archive.org/web/20010411060538fw_/http://www.polymers-
`
`usa.bayer.com/products.html, attached here as Appendix 11. I chose “plastics” to
`
`review, https://web.archive.org/web/20010413201339/http://www.polymers-
`
`usa.bayer.com/orgs/bayer/unpro/products_plastics.htm, attached here as Appendix
`
`12 where I located the Texin: Thermoplastic Polyurethane link,
`
`https://web.archive.org/web/20010418213115/http://www.polymers-
`
`usa.bayer.com/orgs/bayer/unpro/p_TEXIN.htm, attached here as Appendix 13 and
`
`continued scrolling to the 990R link,
`
`https://web.archive.org/web/20010526121639/http://www.polymers-
`
`usa.bayer.com/orgs/bayer/unpro/ku/texin/990r.htm where I retrieved Appendix 4
`
`the document for the Bayer Polymers Product Guide-Properties: Texin 990R.
`
`32. The date details of extended URL,
`
`https://web.archive.org/web/20010526121639/ http://www.polymers-
`
`usa.bayer.com/orgs/bayer/unpro/ku/texin/990r.htm as outlined above, reveal the
`
`Bayer Products Guide-Properties: Texin 990R was archived by the Wayback
`
`Machine on 26 May 2001.
`
`33. Based on the information in Appendix 4 and my search and review of
`
`the documents on the Internet Archive’s Wayback Machine, members of the
`
`interested public could have accessed Bayer Products Guide-Properties: Texin
`
`
`
`12
`
`ClearCorrect Exhibit 1012, Page 12 of 13
`
`
`
`990R by searching the Internet Archive’s Wayback Machine on or after 26 May
`
`2001.
`
`IX. Conclusion
`In signing this Declaration, I understand it will be filed as evidence in
`34.
`
`a contested case before the Patent Trial and Appeal Board of the United States
`
`Patent and Trademark Office. I understand I may be subject to cross-examination
`
`in this case and that cross-examination will take place within the United States. If
`
`cross-examination is required of me, I will appear for cross-examination within the
`
`United States during the time allotted for cross-examination.
`
`35.
`
`I declare that all statements made herein of my knowledge are true,
`
`that all statements made on information and belief are believed to be true, and that
`
`these statements were made with the knowledge that willful false statements and
`
`the like so made are punishable by fine or imprisonment, or both, under Section
`
`1001 of Title 18 of the United States Code.
`
`Executed on April 14, 2025 in State College, Pennsylvania.
`
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`
`
`Lauren Gluckman
`
`13
`
`ClearCorrect Exhibit 1012, Page 13 of 13
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`
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