throbber
Telebrands Corp., Petitioner
`v.
`Tinnus Enterprises, LLC, Patent Owner
`
`PGR2017-00015
`U.S. Patent No. 9,517,612
`
`Oral Argument
`August 13, 2018
`
`Petitioner’s Demonstratives
`
`

`

`INDEX
`Click to edit Master title style
`
`TOPIC
`
`BACKGROUND
`THE 612 PATENT IS OBVIOUS
`INSUFFICIENT EVIDENCE OF SECONDARY
`CONSIDERATIONS
`THE 612 PATENT IS INDEFINITE
`THE ´612 PATENT IS NOT SUPPORTED BY
`THE WRITTEN DESCRIPTION
`CONCLUSION
`
`SLIDE NO.
`3
`7
`24
`
`26
`28
`
`30
`
`2
`
`

`

`BACKGROUND
`
`BACKGROUND
`
`

`

`The ’612 Patent
`Click to edit Master title style
`
`’612 Patent, Ex. 1001, FIGs. 1, 5
`
`4
`
`

`

`Independent Claim 1 Of The ’612 Patent
`Click to edit Master title style
`
`Four (4)
`Structural Elements
`
`’612 Patent, Ex. 1001, Claim 1.
`
`5
`
`

`

`The “Elastic Fastener” Limitation
`Click to edit Master title style
`’612 Patent
`
`elastic fastener clamping
`
`restrict detachment
`
`automatically seal
`
`sufficiently limited to permit
`its respective container to
`detach from its respective
`tube by at least partially
`filling the container with
`water
`
`’612 Patent, Ex. 1001, Claim 1.
`
`6
`
`

`

`THE '612 PATENT
`
`IS OBVIOUS
`
`THE ’612 PATENT
`IS OBVIOUS
`
`7
`
`

`

`Devices For Simultaneously Filling Multiple Self-Sealing
`Click to edit Master title style
`Water Balloons Are Not New
`
`Saggio
`
`Saggio, Ex. 1011, FIGs. 2, 7.
`
`8
`
`

`

`Prior Art: Saggio
`Click to edit Master title style
`
`Saggio, Ex. 1011, FIGs. 1 and 7, ¶¶21, 24.
`
`9
`
`

`

`Prior Art: Donaldson
`Click to edit Master title style
`
`Donaldson, Ex. 1013, Fig. 1, 5:7-10.
`
`10
`
`

`

`Donald Teaches Sealing Upon Detachment
`Click to edit Master title style
`
`Donaldson, Ex. 1013, Fig. 1, Abstract, 5:7-10.
`
`11
`
`

`

`Independent Claim 1 Of The ’612 Patent
`Click to edit Master title style
`
`“Sufficiently Limited”
`Limitation
`
`’612 Patent, Ex. 1001, Claim 1.
`
`12
`
`

`

`O-Ring of Donaldson Permits Detachment
`Click to edit Master title style
`By “At Least” Partially Filling
`
`Donaldson, Ex. 1013, Figs. 2-5.
`
`13
`
`

`

`Prior Art: Lee
`Click to edit Master title style
`Lee teaches a device for filling a self-
`sealing balloon with a fluid, which
`includes: a balloon 1; a hollow tube
`3; and a rubber band 2.
`
`The rubber band removably clamps the
`balloon to the tube; the balloon is
`filled with an amount of fluid; and the
`rubber band seals the balloon when it
`is detached from the tube.
`
`14
`
`Lee, Ex. 1012, Fig. 6.
`
`

`

`Lee Teaches Sealing Upon Detachment
`Click to edit Master title style
`
`Lee, Ex. 1012, ¶33.
`
`15
`
`

`

`Rubber Band of Lee Permits Detachment
`Click to edit Master title style
`By “At Least” Partially Filling
`
`F = ma
`
`Lee, Ex. 1012, Fig. 1; Kamrin Supp. Decl., Ex. 1034, ¶¶ 17-18
`
`16
`
`

`

`Lee Is Analogous Art: Same Field of Endeavour
`Click to edit Master title style
`
`The ‘612 Patent is not limited to a particular industry or use:
`
`Lee’s device falls squarely in this defined technical field.
`
`’612 Patent, Ex. 1001, 1:18-20, 3:35-40, FIG. 5.
`
`17
`
`

`

`Motivation To Combine: Saggio + Donaldson/Lee
`Click to edit Master title style
`The problem of filling and sealing water balloons simultaneously
`was recognized long before the ’612 Patent.
`
`•
`
`• As early as 2011, Dr. Saggio recognized that there was “a need for
`a water balloon that does not require tying and a system/method
`of providing a plurality of water balloons relatively quickly.”
`
`Saggio, Ex. 1011, ¶¶ 3-4, FIGs. 1, 7.
`
`18
`
`

`

`Motivation To Combine: Saggio + Donaldson/Lee
`Click to edit Master title style
`Saggio discloses an internal elastic membrane.
`
`•
`
`• A POSA would look to means that others have used to clamp a
`balloon to a tube, detach a balloon from a tube, and seal a
`balloon.
`Donaldson
`
`Saggio
`
`Internal membrane
`
`Lee
`
`Kamrin Supp. Decl., Ex. 1034, ¶ 10, 20; Saggio, Ex. 1011, FIG. 5; Donaldson, Ex. 1013, FIG. 1; Lee, Ex. 1012, FIG. 6.
`
`19
`
`

`

`•
`
`Motivation To Combine: Saggio + Donaldson/Lee
`Click to edit Master title style
`The O-ring of Donaldson or the rubber band of Lee would have
`been a simple substitution for the internal elastic membrane of
`Saggio.
`• O-rings and rubber bands are well-known to achieve the
`predictable results of clamping and self-sealing a balloon.
`
`•
`
`See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007)
`(“[W]hen a patent claims a structure already known in the
`prior art that is altered by the mere substitution of one
`element for another known in the field, the combination
`must do more than yield a predictable result.”); see also
`DyStar Textilfarben GmbH & Co. v. CH Patrick Co., 464 F.3d
`1356, 1368 (Fed. Cir. 2006).
`
`Petition, Paper 1, pp. 52-55; Petitioner’s Supp. Reply, Paper 37, pp. 5-9; Kamrin Supp. Decl., Ex. 1034, ¶¶ 11,15.
`
`20
`
`

`

`•
`
`•
`
`•
`
`Donaldson/Lee Would Be A Cheaper And Simpler
`Click to edit Master title style
`Alternative to Saggio
`To create the balloons of Saggio, a POSA would
`have to find a factory to manufacture the special
`balloons and special tooling.
`•
`Tooling is expensive and costs many
`thousands of dollars.
`
`Internal membrane
`
`Creation of the internal membrane of Saggio
`would require extra materials, further increasing
`the cost.
`
`Donaldson/Lee allow a POSA to use regular off-
`the-shelf balloons and O-rings/rubber bands,
`significantly reducing the cost and not requiring
`special tooling.
`•
`O-rings/rubber bands cost cents.
`
`Petitioner’s Supp. Reply, Paper 37, pp. 5-9; Kamrin Supp. Decl., ¶¶ 11-15, 20.
`
`21
`
`

`

`Saggio + Donaldson/Lee = ’612 Patent
`Click to edit Master title style
`’612 Patent
`Saggio
`Donaldson/Lee
`
`Saggio, Ex. 1011, Fig. 1; Donaldson, Ex. 1013, Fig. 1; Lee, Ex. 1012, Fig. 6; Paper 1, pp. 43-62.
`
`22
`
`

`

`The’612 Patent Is Invalid
`Click to edit Master title style
`
`Petitioner has made a very strong
`prima facie case of obviousness.
`
`23
`
`

`

`SECONDARY CONSIDERATIONS
`
`INSUFFICIENT EVIDENCE OF
`SECONDARY CONSIDERATIONS
`
`INSUFFICIENT EVIDENCE OF
`
`24
`
`

`

`Patent Owner Has Failed To Provide Strong Evidence of
`Click to edit Master title style
`Secondary Considerations
`
`Patent Owner has only submitted:
`
`ONE Article about its Bunch O Balloons product (Ex.
`2002); and
`
`TWO Awards received by its Bunch O Balloons Product
`(Exs. 2010, 2015).
`
`Patent Owner submitted no evidence that any of these
`documents relate to the ’612 Patent and provided no expert
`testimony to support its statements
`
`Petitioner’s Supp. Reply, Paper 37, pp. 10-11.
`
`25
`
`

`

`THE '612 PATENT IS INDEFINITE
`
`THE ´612 PATENT IS INDEFINITE
`
`26
`
`

`

`No Objective Meaning For “Filled” Or “Filled State”
`Click to edit Master title style
`
`The ’612 patent subjectively defines “Filled”:
`
`• “After containers have reached a desired size or volume
`they may be detached from tubes.” (’612 Patent, Ex.
`1001, Col. 3:53-55)
`
`• “When containers have reached a desired size and/or
`they are filled with the desired volume of fluid, they may
`be removed from tubes.” (’612 Patent, Ex. 1001, Col.
`4:65-67)
`
`Petition, Paper 1, pp. 15-17; Ex. 1001, Col. 3:53-55, Col. 4:65-67; Petitioner’s Reply, Paper 28, pp. 4-6.
`
`27
`
`

`

`BY THE WRITTEN DESCRIPTION
`
`THE ´612 PATENT IS NOT SUPPORTED
`BY THE WRITTEN DESCRIPTION
`
`THE '612 PATENT IS NOT SUPPORTED
`
`28
`
`

`

`No Objective Meaning For “Filled” Or “Filled State”
`Click to edit Master title style
`
`The ’612 patent does not support the “pressing limitation”
`of claim 3.
`
`The specification of the ’612 patent only discloses:
`
`“When containers have reached a desired size and/or they
`are filled with the desired volume of fluid, they may be
`removed from tubes.” (’612 Patent, Ex. 1001, Col. 4:63-65)
`
`Unfilled is the opposite of filled
`
`Petitioner’s Supp. Reply, Paper 37, pp. 11.
`
`29
`
`

`

`CONCLUSION
`
`CONCLUSION
`
`30
`
`

`

`The ’612 Patent is Invalid
`Click to edit Master title style
`
`1.Claims 1-4 of the ’612 patent are invalid as
`obvious under 35 U.S.C. § 103.
`
`2.Claims 3 of the ’612 patent is invalid as
`indefinite under 35 U.S.C. § 112(b).
`
`3.Claims 3 of the ’612 patent is invalid for
`lack of written description under 35 U.S.C.
`§ 112(a).
`
`Petition, see generally, Papers 1, 28, 37.
`
`31
`
`

`

`REQUESTED RELIEF
`Click to edit Master title style
`
`Cancellation of all claims
`of the ’612 patent
`
`32
`
`

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