Petitioner’s Supplemental Demonstratives
`Oral Hearing, August 1, 2018, Grounds 2 and 3
`
`Bestway (USA), Inc. v. Intex Marketing Ltd.
`PGR2017-00003
`
`1
`
`BESTWAY EXHIBIT 1028-0001
`PGR2017-00003
`
`
`Oral Hearing, August 1, 2018, Grounds 2 and 3
`
`Bestway (USA), Inc. v. Intex Marketing Ltd.
`PGR2017-00003
`
`1
`
`BESTWAY EXHIBIT 1028-0001
`PGR2017-00003
`
`
`
`Newly Instituted Grounds
`
`We modify our institution decision to institute on all of the challenged
`claims and all of the grounds presented in the Petition.
`
`ORDERED that our institution decision is modified to include review
`of all challenged claims and all grounds presented in the Petition;
`
`Paper 30, Order – Conduct of the Proceeding, at 2-3
`
`2
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`BESTWAY EXHIBIT 1028-0002
`PGR2017-00003
`
`
`
`Newly Instituted Grounds
`
`Pet. at 24
`
`3
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`BESTWAY EXHIBIT 1028-0003
`PGR2017-00003
`
`
`
`Newly Instituted Grounds
`
`• Claims 18-22 depend from claim 17.
`
`• Claim 18 adds additional features, including: “a top wall
`and a bottom wall cooperating with the inner and outer
`walls to define the inflatable air chamber.”
`
`• Claims 19-22 adds “notches” and related limitations.
`
`• Claim 30 depends from claim 7. Requires that the bottom
`wall (i.e., the pool floor) include an “upper layer” and a
`“lower layer” attached to an “annular perimeter rim.”
`
`(Ex. 1001, ’240 Patent, at 20:37-63, 22:10-16; Suppl. Reply at 1-2)
`
`4
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`BESTWAY EXHIBIT 1028-0004
`PGR2017-00003
`
`
`
`Additional Prior Art of Grounds 2 and 3
`
`5
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`BESTWAY EXHIBIT 1028-0005
`PGR2017-00003
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`
`
`Guan 797
`
`Cross-sectional view:
`
`Ex. 1004, Guan 797
`
`Ex. 1004, Guan 797
`
`6
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`BESTWAY EXHIBIT 1028-0006
`PGR2017-00003
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`
`
`Wang 615
`
`Ex. 1005, Wang 615
`
`Pet. at 68
`(annotating Ex. 1005, Wang 615)
`
`7
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`BESTWAY EXHIBIT 1028-0007
`PGR2017-00003
`
`
`
`Patent Owner Relies on Preliminary Response
`
`Patent
`Owner
`“Pursuant to the Order on Conduct of the Proceeding entered May
`15, 2018 (Paper No. 33), counsel for Patent Owner advises the Board
`that it will rely on the arguments made in its Preliminary Response
`and will not be filing a Supplemental Response regarding newly
`instituted Grounds 2 and 3.”
`
`Paper 34, Patent Owner’s Notice of No Supplemental Response, at 2
`
`8
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`BESTWAY EXHIBIT 1028-0008
`PGR2017-00003
`
`
`
`Patent Owner Relies on Preliminary Response
`
`• No dispute that the prior art teaches the additional features
`recited in claims 18-22.
`
`• No dispute that Peterson and Guan 797 disclose the
`additional “wall”-related limitations of Claim 18.
`
`• No dispute that Wang 615 discloses the “notches,” and
`“notch-defining portions” of Claims 19-22, so claim
`construction is unnecessary.
`
`• For claims 18-22, Patent Owner’s only arguments regarding
`the scope and content of the prior art are tied to Ground 1.
`
`(Suppl. Reply at 1-4)
`
`9
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`BESTWAY EXHIBIT 1028-0009
`PGR2017-00003
`
`
`
`Features of Claims 18-22 are Disclosed by
`Ground 2 and/or Ground 3 References
`
`Pet. at 45-60, 60-71
`
`10
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`BESTWAY EXHIBIT 1028-0010
`PGR2017-00003
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`
`
`Ground 2: “Wall” Limitations of Claim 18
`
`Pet. at 46
`
`11
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`BESTWAY EXHIBIT 1028-0011
`PGR2017-00003
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`
`
`Ground 2: “Wall” Limitations Disclosed by Peterson and Guan
`
`Claim 18:
`“The inflatable product of claim 17, wherein
`the first wall comprises an inner wall of the
`inflatable product and the second wall
`comprises an outer wall of the inflatable
`product, further comprising a top wall and a
`bottom wall cooperating with the inner and
`outer walls to define the inflatable air
`chamber, each tensioning structure and the
`top and bottom walls cooperate to define
`gaps therebetween.”
`
`Ex. 1001, ’240 Patent, at 20:37-43
`
`Ex. 1002, Peterson, Fig. 4
`(annotated at Pet. 48)
`
`Ex. 1004, Guan 797, Fig. 3
`(described at Pet. 49)
`
`12
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`BESTWAY EXHIBIT 1028-0012
`PGR2017-00003
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`
`
`Ground 3: Wang 615 Discloses “Notch” Features of Claims 19-22
`
`19: “. . . each tensioning structure includes a
`plurality of notches cooperating with the top
`and bottom walls to define the gaps.”
`
`20: “. . . upper and lower edges having notch-
`defining portions defining the notches, and a
`plurality of the frame members extend from
`the first and second seams to the notch-
`defining portions . . . .”
`
`21: “. . . the upper edge includes upper-most
`portions positioned adjacent at least one of
`the notch-defining portions . . . a plurality of
`the frame members terminate at the upper-
`most portions . . . .”
`
`22: “. . . a plurality of open spaces that are
`partially surrounded by the frame members
`and positioned along the notches.”
`
`Ex. 1001, ’240 Patent, at 20:44-63
`
`Ex. 1005, Wang 615, Fig 1
`(annotated at Pet. 68)
`
`13
`
`BESTWAY EXHIBIT 1028-0013
`PGR2017-00003
`
`
`
`Ground 3: Wang 615 Discloses “Notch” Features of Claims 19-22
`
`Patent Owner’s
`Expert
`
`. . .
`
`Ex. 1027, Suppl. Kuchel Dep., 24:17-21, 34:2-9
`(cited at Suppl. Repl. 8, 10, 12, 13)
`
`14
`
`Ex. 1005, Wang 615, Fig 1
`(annotated at Pet. 68)
`
`BESTWAY EXHIBIT 1028-0014
`PGR2017-00003
`
`
`
`Disputed Issues
`
`15
`
`BESTWAY EXHIBIT 1028-0015
`PGR2017-00003
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`
`
`Claim 1: Two Disputed Issues
`
`1
`
`2
`
`Disclosure: “Annular Perimeter Rim” of Claim 30
`
`Suppl. Reply, at 13-17
`
`Obviousness: Motivation to combine the prior art
`
`Suppl. Reply, at 17-22
`
`(see also Suppl. Reply, at 1-3, 4-5)
`
`16
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`BESTWAY EXHIBIT 1028-0016
`PGR2017-00003
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`
`
`Claim 30:
`Guan 797 Teaches the “Annular Perimeter Rim”
`
`17
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`BESTWAY EXHIBIT 1028-0017
`PGR2017-00003
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`
`
`Claim 30: annular perimeter rim
`
`30. The inflatable product of claim 7, wherein the bottom wall includes
`an annular perimeter rim attached to the internal wall of the pool,
`an upper layer attached to the annular perimeter rim, and
`a lower layer attached to the annular perimeter rim and the upper layer,
`a majority of the upper layer being spaced apart from the lower layer to
`define a space therebetween.
`
`Ex. 1001, ’240 patent, at 22:10-16 (emphases added)
`
`Pet. at 59
`
`Pet. at 60
`(annotating Ex. 1004, Guan 797, Fig. 3)
`
`18
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`BESTWAY EXHIBIT 1028-0018
`PGR2017-00003
`
`
`
`Claim 30: annular perimeter rim
`
`Patent Owner’s
`Expert
`
`Ex. 1027, Suppl. Kuchel Dep., at 42:6-11
`
`Pet. at 60
`(annotating Ex. 1004, Guan 797, Fig. 3)
`
`Suppl. Reply at 14
`(see Pet. 59-60; Sadegh Decl. ¶¶ 184)
`
`19
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`BESTWAY EXHIBIT 1028-0019
`PGR2017-00003
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`
`
`Claim 30: Patent Owner Wrongly Assumes Direct Attachment
`
`30. The inflatable product of claim 7, wherein the bottom wall includes
`an annular perimeter rim attached to the internal wall of the pool,
`an upper layer attached to the annular perimeter rim, and
`a lower layer attached to the annular perimeter rim and the upper layer,
`a majority of the upper layer being spaced apart from the lower layer
`to define a space therebetween.
`
`Ex. 1001, ’240 patent, at 22:10-16 (emphases added)
`
`• Claims do not require direct attachment
`• Specification does not limit
`“attached to”
`• Specification does not use the term
`“annular perimeter rim”
`• Guan 797 discloses an annular
`perimeter rim attached to upper and
`lower layers
`
`Suppl. Reply at 15-17
`
`Suppl. Reply at 14 (see Pet. at 59-60; Ex. 1011 (Sadegh. Decl.) ¶ 184)
`
`20
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`BESTWAY EXHIBIT 1028-0020
`PGR2017-00003
`
`
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`POSA Would Have Been Motivated
`to Combine the Prior Art Teachings
`
`21
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`BESTWAY EXHIBIT 1028-0021
`PGR2017-00003
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`
`
`Reason to Use Guan’s Wall Structure: Design Choice for Beauty
`
`Petition and Dr. Sadegh:
`
`Pet. at 45-46
`
`Guan:
`
`“. . . the overall appearance is refreshing and it is believed
`that consumers’ desire to purchase can be aroused by the
`structural stability and beautify[ing] shape of the present
`utility model.”
`
`Ex. 1004, Guan 797, ¶ [0010]
`(quoted at Pet. 45-46)
`
`Patent Owner:
`[no response]
`
`22
`
`BESTWAY EXHIBIT 1028-0022
`PGR2017-00003
`
`
`
`Reason to Use Guan’s Floor: Design Choice for Cushioning
`
`Petition and Dr. Sadegh:
`
`Guan:
`
`Pet. at 59
`
`“. . . the bottom of the swimming pool of the present utility
`model is an air-bag cushion 21 allowing persons playing in
`the swimming pool to have comfort . . . .”
`
`Ex. 1004, Guan 797, ¶ [0010]
`(quoted at Pet. 59-60)
`
`Patent Owner:
`[no response]
`
`23
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`BESTWAY EXHIBIT 1028-0023
`PGR2017-00003
`
`
`
`Reason to Use Wang’s Notches: Design Choice for Air Flow
`
`Petition and Dr. Sadegh:
`
`Wang:
`
`Pet. at 64
`
`“. . . a plurality of vertical air chambers disposed therein, and
`the top portions or the bottom portion or both the top portions
`and bottom portions of the plurality of vertical air chambers
`are interlinked.”
`
`Ex. 1005, Wang 615, ¶ [0010]
`(cited at Pet. 63-64)
`
`Patent Owner:
`[no response]
`
`24
`
`BESTWAY EXHIBIT 1028-0024
`PGR2017-00003
`
`
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