UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`PELICAN BIOTHERMAL, LLC
`Petitioner
`
`v.
`
`VA-Q-TEC AG.
`Patent Owner
`
`Patent No. 10,766,685
`Issue Date: September 8, 2020
`Title: BOX-TYPE TRANSPORT CONTAINER
`_______________
`
`
`Post-Grant Review No. PGR2021-00085
`
`
`SECOND DECLARATION OF CHARLES ZUMWALT
`
`
`
`
`
`
`4879-3710-3143
`
`PGR2021-00085
`Pelican EX1071 Page 1
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`PELICAN BIOTHERMAL, LLC
`Petitioner
`
`v.
`
`VA-Q-TEC AG.
`Patent Owner
`
`Patent No. 10,766,685
`Issue Date: September 8, 2020
`Title: BOX-TYPE TRANSPORT CONTAINER
`_______________
`
`
`Post-Grant Review No. PGR2021-00085
`
`
`SECOND DECLARATION OF CHARLES ZUMWALT
`
`
`
`
`
`
`4879-3710-3143
`
`PGR2021-00085
`Pelican EX1071 Page 1
`
`
`
`
`
`
`
`
`
`I, Charles Zumwalt, do declare as follows:
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`I. Introduction
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`1.
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`I am over the age of eighteen (18) and otherwise competent to make
`
`this declaration.
`
`2.
`
`I described my job function and history with Pelican in my prior
`
`declaration, and that description remains accurate. EX1030, ¶2.
`
`3.
`
`All of the testimony provided in this declaration is based on my own
`
`personal knowledge and recollection, from having worked for the company for 6
`
`years. I am not being compensated for any of the testimony provided herein, aside
`
`from my normal salary from the company.
`
`II. NanoCool Prior-art Products
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`4.
`
`I previously testified about Pelican’s prior art NanoCool 98596
`
`products, including the cooling engine that serves as the top closure for the
`
`sidewall VIP insert. Id., ¶¶4-9. There are additional details about that product that
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`I now wish to provide further testimony about. For example, while the cooling
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`engine is not made from the exact same materials as the sidewall VIPs, the cooling
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`engine is nonetheless a rigid structure that is encapsulated in film materials similar
`
`to that used in the sidewall VIPs. The film materials are sealed and the inside is
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`placed under vacuum just like with the sidewall VIPs. The whole product as
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`shown in my prior declaration is assembled and shipped to Pelican’s customers,
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`4879-3710-3143
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`1
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`PGR2021-00085
`Pelican EX1071 Page 2
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`with the cooling engine remaining under vacuum. Even when the cooling engine
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`is activated by the customer, the inside of the cooling engine remains under
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`vacuum and stays that way unless damaged in some way.
`
`5.
`
`Shown below is a photo showing the underside of the cooling engine
`
`in more detail. The underside of the cooling engine has two main sections with a
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`“stepped” shape, with a narrower portion that fits snugly fit inside the top opening
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`of the sidewall VIP insert when the cooling engine is put into place. The wider
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`section of the cooling engine rests on and seals against the top surfaces of the
`
`sidewall VIPs, in cooperation with a foam gasket for better sealing. These features
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`are illustrated in the photos of the NanoCool 98596 prior art product below.
`
`View of Underside of NanoCool
`Cooling Engine
`
`Narrower portion that fits inside
`sidewall VIPs
`
`Wider portion that rests on top
`edges of sidewall VIPs
`
`
`
`2
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`4879-3710-3143
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`PGR2021-00085
`Pelican EX1071 Page 3
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`
`
`NanoCool VIP Insert and Cooling
`Engine
`
`VIP Insert
`
`Foam sealing strip around
`underside of Cooling Engine
`
`NanoCool VIP Insert and Foam
`Sealing Strip
`
`Foam sealing strip (same one
`as shown in phot above) sitting
`on top edges of sidewall VIPs
`
`NanoCool VIP Insert with Foam Sealing
`Strip and Cooling Engine in Place
`
`Cooling Engine installed on
`VIP Insert
`
`Foam sealing strip
`
`
`
`
`
`
`
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`4879-3710-3143
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`3
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`PGR2021-00085
`Pelican EX1071 Page 4
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`
`
`
`
`
`
`NanoCool VIP Insert with Foam Sealing
`Strip and Cooling Engine in Place
`
`Cooling Engine
`
`Foam sealing strip
`
`VIP Insert
`
`
`
`6.
`
`The VIP insert and cooling engine (with foam sealing strip) are placed
`
`into the outer box for shipping (both to the customer, and then the customer repeats
`
`this when using the NanoCool shipper). The outer box has a foam liner glued to
`
`the underside of its upper surface, as I pointed out in my prior declaration.
`
`EX1030, ¶8. The VIPs, cooling engine, outer box, and foam liner are all designed
`
`such that the top of the cooling engine, when placed into the outer box, is higher
`
`than the position of the lower surface of the foam liner when the box lid is firmly
`
`closed. Thus, when the box is closed, the foam liner on the underside of the box
`
`lid presses down on the top of the cooling engine. The purpose of this design was
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`to help ensure a good seal between the cooling engine and the sidewall VIPs, and
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`also helping further hold the VIP insert and cooling engine steady in the box.
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`4879-3710-3143
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`4
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`PGR2021-00085
`Pelican EX1071 Page 5
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`
`
`
`
`Outer box for
`shipping
`
`Foam liner glued to
`underside of box lid
`
`VIP insert/assembly
`(with cooling engine
`in place on top of
`VIP sidewalls)
`
`
`
`
`
`
`
`
`
`
`III. Replacing Defective VIPs
`
`7.
`
`I understand that Va-Q-Tec has made arguments about the importance
`
`and beneficial impact of being able to swap out one defective sidewall VIP for a
`
`new one without having to dissemble the entire VIP insert. Regarding this
`
`comment, I know from personal experience that individual sidewall VIPs can be
`
`replaced in the NanoCool 95895-type products relatively easily, and without
`
`dissembling the VIP insert. I have done this many times myself. The shorter VIPs
`
`can be individually removed and the insert will maintain its general structure and
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`integrity, allowing a new VIP to simply be reinserted into place. The same can be
`
`done with the longer VIPs just by removing one short VIP first, replacing the long
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`VIP, then putting the short VIP back. In either case, the VIP insert does not have
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`to be dissembled or rebanded or anything of that sort.
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`4879-3710-3143
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`5
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`PGR2021-00085
`Pelican EX1071 Page 6
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`8.
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`I also understand that for Pelican’s reusable products, needing to
`
`replace a defective VIP is a relatively rare occurrence. For example, for such
`
`products in 2021, my understanding is that over the course of the year only about
`
`0.5% of the sidewall VIPs became defective and needed replacing. In view of this
`
`relatively low replacement rate, the ability to “easily” replace a defective sidewall
`
`VIP will not have a huge impact on the commercial success.
`
`9.
`
`In any event, the ability to easily replace a defective sidewall VIP was
`
`already known in the context of the NanoCool 98596 product design. As
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`mentioned, I have replaced the sidewall VIPs myself without disassembling or
`
`having to reband the insert. I am aware that Patent Owner claims a specific
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`configuration of the sidewall VIPs where one end of a VIP abuts the side face of
`
`the adjoining VIP, with the other end free. I have heard this configuration
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`sometimes referred to as a “pinwheel” design, and note that a predecessor company
`
`to Pelican has disclosed such a configuration long ago in its own patent
`
`application. See, e.g., EX1070, Fig. 3. I do not believe the pinwheel configuration
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`provides any additional advantages in terms of being able to replace a defective
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`VIP within a banded-together insert as compared to the configuration used in the
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`NanoCool product, but, in any event, the pinwheel configuration was already well-
`
`known in the art.
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`
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`4879-3710-3143
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`6
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`PGR2021-00085
`Pelican EX1071 Page 7
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`10.
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` Insigning this declaration, I recognize that the declaration will be
`
`filed as evidence in a contested case before the Patent Trial and Appeal Board of
`
`the United States Patent and Trademark Office. I also recognize that I may be
`
`subject to cross-examination in the case and that cross-examination will take place
`
`within the United States. If cross-examination is required of me, I will appear for
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`cross-examination within the United States during the time allotted for cross-
`
`examination.
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`11.
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`Thereby declare that all statements made herein of my own
`
`knowledgeare true and that all statements made on information and belief are
`
`believed to be true; and further that these statements were made with the
`
`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
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`
`
`Dated: O7/0l/ ob Dor—Bevret
`
`Mr. Charles Zumwalt
`
`4879-3710-3143
`
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`
`PGR2021-00085
`sn etcnnanetnitnaninuantnniniinunnennininingenniinsninaitntmant ~-Pelhean-EX1071Page-8—
`
`PGR2021-00085
`Pelican EX1071 Page 8
`
`
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