Select Brands v. Sensio - MTS Brief

Case 2:13-cv-02108-KHV-GLR Document 15 Filed 08/09/13 Page 1 of 17
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
SELECT BRANDS, INC., Plaintiff, v. SENSIO, INC., Defendant. MEMORANDUM IN SUPPORT OF SENSIO INC.S MOTION TO STAY PENDING INTER PARTES REVIEW Defendant Sensio Inc. submits this memorandum in support of its Motion requesting the Court to stay all proceedings in this case while the U.S. Patent & Trademark Office (PTO) considers whether to institute trial on Sensios separate Petitions for Inter Partes Review of the two design patents asserted in this case, U.S. Design Patent No. D669,731 (the 731 patent) and U.S. Design Patent No. D675,864 (the 864 patent) for the reasons stated herein. (Exs. 1 and 2.) The following section provides background to this request and explains why this Courts precedent favors a stay in a situation like this one. I. BACKGROUND Select Brands filed a complaint on March 1, 2013, alleging that Sensio infringes the 731 and 864 patents both entitled Multiple Crock Buffett Server. (D.I. 1.) Sensio answered on July 2, 2013, denying infringing and asserting that the 731 and 864 patents are invalid. (D.I. 7.) Discovery has not yet started and a trial date has not been set. The 731 and 864 patents are design patents, each containing a single claim shown in the accompanying figures and described in the specification. By convention only the solid lines in the figures are claimed. As is the practice in design patents, full or solid lines in the figures show Case No. 13-cv-2108 KHV/GLR
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the elements included in the claim. Whereas, the elements depicted in dashed or broken lines are not claimed. The specifications of the 731 and 864 patents also explain that the elements depicted in broken lines are for illustrative purposes only and form no part of the claimed design. The figures of the 731 and 864 patents mostly contain dashed or broken lines, meaning that most of the features in the figures are not claimed. Looking at one of four embodiments in the 731 patent, removing the broken lines reveals that Select Brands has claimed some curved portions of a server bowl. Specifically, figures 1-7 show that a portion of a pair of curved bowl insert rims, having a particular profile are claimed. Fig. 1 (front perspective view)
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Fig. 3 (top view)
Fig. 4 (enlarged front view)
Unlike utility patents, a design patent may only have a single claim, although the specification may include more than one alternative embodiment. See 37 C.F.R. 1.153(a). Such embodiments may be presented in a single design patent only if they involve a single inventive concept. In re Rubinfield, 270 F.2d 391, 392-93 (C.C.P.A. 1959). If a design patent contains more than one 3
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inventive concept, the PTO will ask the applicant to choose a single inventive concept to maintain in the application, canceling the others. See 35 U.S.C. 121. Accordingly, when multiple embodiments appear in a single design patent, those embodiments are by definition not patentably distinct, because they must only involve a single inventive concept. Thus, because the four separate embodiments in the 731 patent are not patentably distinct,1 Sensio only needs to show that one of those embodiments is anticipated by or obvious from the prior art to invalidate the patent. See In re Klein, 987 F.2d 1569, 1570 (Fed. Cir. 1993) (holding that [T]he single claim covers plural alternative embodiments and [the] rejection is proper if the prior art demonstrates the obviousness of any one of them). When the 731 and 864 patents issued, Select Brands sent separate letters to counsel for Sensio, identifying the patents and alleging infringement of those patents. Specifically, in an October 31, 2012, letter, Select Brands identified, by model number, fourteen of Sensios Bella brand slow cooker models and said that these products have features that appear to be identical to those disclosed and claimed in the D731 patent. (Ex. 3 at Ex. 1017) And on February 12, 2013, Select Brands again sent a similar letter, this time identifying sixteen of Sensios Bella brand slow cooker models and alleging that these products have features that appear to be identical to those disclosed and claimed in the D864 and/or the D731 patent. (Ex. 3 at Ex. 1018.) Seven of the model numbers identified in the two letters as being identical to the claimed design, contain round server bowls or crocks in the buffet server. (Ex. 3 at Ex. 1019.)
During prosecution of the 731 patent, the PTO identified figures 1-7, figures 8-14, figures 15-21, and figures 66-72 as separate embodiments of a single design, (Ex. 4.) Figures 60-65 were renumbered as figures 22-28 in the issued 731 patent. 4
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(Id. at 4.) The rest have oval crocks in the buffet server. Select Brands followed through on the threats in these letters with the current lawsuit. As result, Select Brands has taken the position for litigation that the 731 and 864 patents cover both round and oval server bowls. Because there are numerous pieces of prior art showing multi-crock buffet servers having both round and oval crocks, Sensio filed petitions seeking inter 5
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partes review of both patents at the PTO. For instance, Shi 429 is a Chinese utility patent application CN 101696429 to Shi et al. (Shi 429), filed on October 10, 2009 and published on April 21, 2010, and is prior art to the 731 and 864 patents. (Ex. 3 at Exs. 1002, 1003.) It discloses the same overall visual impression as the design claimed in those patents. This chart compares Shi 429 to the first embodiment of the 731 patent.
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Shi 429
First Embodiment of 731
Likewise, there are many pieces of prior art showing a buffet server with round server bowls, similar to those that Select Brands said are identical to the design claimed in the 731 and 864 patents. For instance, Shi 547 is a Chinese design registration ion CN301010547 to Shi et al. (Shi 264), filed on May 7, 2008 and published on September 16, 2009, , and is prior art to the 731 and 864 patents. 7
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(Ex. 3 at Exs. 1008, 1009.) On August 7, 2013, Sensio filed Petition Petitions for Inter Partes Review of both patents with the PTO based on these prior art references, along with six other references, , and setting forth 16 separate grounds for unpatentability of the 731 patent and 14 separate grounds for the 864 patent. (See Exs. 1 and 2, Petition Petitions for Inter Partes Review.) II. THE PTOS INTER PARTES REVIEW PROCESS Inter partes review is a new administrative proceeding created by the Leahy-Smith Leahy America Invents Act (AIA). Pub. Law No. 112 112-29, 125 Stat. 284 (codified as amended in scattered attered sections of 35 U.S.C. (2011)). With it, Congress armed the PTO with a fast and efficient mechanism to reconsider the validity of previously issued patents. 35 U.S.C. 311319. Inter partes review proceedings ceedings are decided by a three three-judge panel of administrative patent judges with competent legal knowledge and scientific ability, 35 U.S.C. 6, and are intended to be a less costly alternative to invalidity challenges in district court courts. Changes to Implement Inter Partes Review Proceedings, Pos Post-Grant Grant Review Proceedings, and Transitional Program for Covered Business Method Patents Patents, Final Rule (USPTO Inter Partes Review Implementation), Implementation) 77 Fed. Reg. 48,680, at 48,680 (Aug. 14, 2012) (stating that the AIA allows the PTO to engage[] in a transparent rent process to create a timely, cost cost-effective alternative to litigation) (emphasis added); see also id. at 48,721 ([I]t is anticipated that the rules will minimize duplication of efforts. In particular, the AIA provides more coordination between district distr court 8
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infringement litigation and inter partes review to reduce duplication of efforts and costs.); 157 Cong. Rec. S952 (daily ed. Feb. 8, 2011) (statement of Sen. Charles Grassley) (stating that inter partes review is intended to provide a faster, less costly alternative[] to civil litigation to challenge patents.). The inter partes review process is simple, streamlined, and on a controlled timeline. A party starts the process by filing a petition requesting that the Patent Trial and Appeals Board (the Board) cancel one or more claims of a patent. 35 U.S.C. 311; 37 C.F.R. 42.104. Within three months of receiving the petition, the patent owner may file a preliminary response. 35 U.S.C. 313; 37 C.F.R. 42.107(b). Within three months of receiving the patent owners preliminary response, the Board must decide whether to institute trial. 35 U.S.C. 314. To have a trial instituted, the petition needs to show a reasonable likelihood that the petitioner [will] prevail with respect to at least 1 of the claims challenged in the petition. 35 U.S.C. 314(a). If a trial is instituted, the patent owner has three months (unless an earlier deadline is set by the Board) to file a more complete response addressing any ground for unpatentability that was not already denied by the Board. 37 C.F.R. 42.120. The patent owner is automatically permitted one motion to amend the patent, 37 C.F.R. 42.121, and after a limited period of discovery by both parties, 37 C.F.R. 42.51, the Board conducts a hearing at which both parties may be heard, 37 C.F.R. 42.70. Ultimately, the Board is required to issue its final written decision as to the patentability of any patent claim challenged by the petitioner and any new claim added by amendment within one year of instituting trial. 35 U.S.C. 316(a)(11), 318(a). [F]or good cause shown that statutory deadline may be extended by six months. 35 U.S.C. 316(a)(11). But such [e]xtensions of the one-year period are anticipated to be rare. PTO Inter Partes Review 9
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Implementation, 77 Fed. Reg. at 48,695. Indeed, the AIA requires the PTO to implement regulations prescribing sanctions for dilatory tactics in the conduct of inter partes review proceedings. 35 U.S.C. 316(a)(6); 37 C.F.R. 42.12. Once the Board issues its final written decision, the petitioner in the inter partes proceeding is thereafter estopped from asserting in litigation any ground of invalidity that petitioner raised or reasonably could have raised during the inter partes review. 35 U.S.C. 315(e)(2). Further, the patent owner is subject to intervening rights as to any claims that were amended during the inter partes review. 35 U.S.C. 318(c). That is, the patent owner would not be allowed to recover damages based on infringement of a claim that was amended during the inter partes review. See, e.g., Seattle Box Co. v. Indus. Crating and Packing Inc., 756 F.2d 1574, 1579 (Fed. Cir. 1985) (interpreting 35 U.S.C. 252, which is the intervening rights provision referenced in 35 U.S.C. 318(c) related to inter partes review). III. LEGAL STANDARDS Federal district courts have inherent power to control their dockets by staying proceedings. Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1426-27 (Fed. Cir. 1998); see also Braintree Labs., Inc. v. Nephro-Tech, Inc., No. 96-2459-JWL, 1997 WL 942237, at *8 (D. Kan. Feb. 26, 1997) (A motion to stay an action pending the resolution of a related matter in the United States Patent and Trademark Office is directed to the sound discretion of the court. (quoting Rosenthal Mfg. Co. v. Thermal Equip., Inc., No. 85-2630-S, 1988 WL 383034, at *1 (D. Kan. Oct. 12, 1988))). While it appears that no court in the Tenth Circuit has considered a motion to stay for a pending inter partes review proceeding, this Court has granted stays in connection with patent reexaminations. See Braintree, 1997 WL 94237, at *8-10. In determining whether to grant a stay due to a patent reexamination, courts have applied a three-factor test: 10
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(1) whether a stay will simplify the issues in question and streamline the trial and reduce the burden of litigation on the parties and on the court; (2) whether discovery is complete and whether a trial date has been set; and (3) whether a stay would unduly prejudice the nonmoving party or present a clear tactical advantage for the moving party. See, e.g., eSoft, Inc. v. Blue Coat Sys., Inc., 505 F. Supp. 2d 784, 787 (D. Colo. 2007). Recently, other courts have applied this three-factor test to requests for stays pending inter partes reviews as well. See, e.g., NUtech Ventures v. Norman Noble, Inc., No. 12-cv-2326, slip. op. at 3-5 (N. D. Ohio May 30, 2013); Regents of Univ. of Michigan v. St. Jude Med., Inc., No. 12-12908, 2013 WL 2393340 at *2 (E.D. Mich. May 31, 2013); Star Envirotech v. Redline, SACV 12-01816, 2013 WL 1716068 at *2 (C.D. Cal. Apr. 3, 2013). This Court considered similar factors when deciding whether to stay an action pending a patent reexamination proceeding at the PTO. See Braintree, 1997 WL 94237, at *8-10. In fact, this Court has identified many benefits to staying an action pending a determination by the PTO on a reexamination request: 1. All prior art presented to the Court will have been first considered by the PTO, with its particular expertise. 2. Many discovery problems relating to prior art can be alleviated by the PTO examination. 3. In those cases resulting in effective invalidity of the patent, the suit will likely be dismissed. 4. The outcome of the reexamination may encourage a settlement without the further use of the Court. 5. The record of reexamination would likely be entered at trial, thereby reducing the complexity and length of the litigation. 6. Issues, defenses, and evidence will be more easily limited in pre-trial conferences after a reexamination.
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7. The cost will likely be reduced both for the parties and the Court. Id. at *9. As this Court said, [i]t is clear from the cases . . . there is a liberal policy in favor of granting motions to stay the outcome of USPTOs reexamination or reissuance proceedings. Id. (quoting ASCII Corp. v. STD Entertainment USA, 844 F. Supp. 1378, 1381 (N.D. Cal. 1994)); Scriptpro LLC v. Wal-Mart Stores, Inc., No. 05-2244-CM, 2006 WL 2294859, at * 1 (D. Kan. Aug. 8, 2006). IV. ARGUMENT In this case, all of the factors to be considered weigh in favor of granting a stay. This case is in its infancy, and inter partes review may not only simplify issues for trial, but also eliminate the need for this case to go forward at all. A design patent has only one claim. And in this case the minimal design that is actually claimed in the 731 and 864 patents is shown throughout the prior art. Moreover, Select Brands itself has asserted that its patents cover buffet servers with both round and oval serving bowls. Given that there are numerous pieces of prior art showing such configurations, Sensio and this Court should not be put through the time and expense of litigation when the matter can be resolved quickly and efficiently at the PTO. If the single claims in the 731 and 864 patents are found unpatentable at the PTO, this case cannot proceed. And Select Brands will suffer no prejudice because inter partes review is a fast proceeding, and it can still pursue its case in this Court if it emerges with a patent that it has a basis for asserting against Sensio. A. Inter Partes Review May Simplify the Issues for Trial
Because the single claim in each of the 731 and 864 patents is challenged in the Petitions for Inter Partes Review currently before the PTO, those review proceedings are likely
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to simplify issues for trial in this case.2 If the Board institutes trial on the petition (which will be known within six months by statute), the potential outcomes of the inter partes review are that: (1) the claims of one or both patents will be cancelled; (2) the claims of one or both patents will be amended; and/or (3) the claims of one or both patents will be confirmed as patentable over the prior art considered by the Board. If the claims of one or both patents are cancelled by the Board, this Court will not need to consider them. If the claim of either patent is amended, judicial resources will have been conserved because the Court and parties will not have expended resources on an invalid claim that had to be amended. Also, if the claim either patent is amended, the patent owners damages will be limited to the period after the amendment. See 35 U.S.C. 318(c); see also Seattle Box Co., 756 F.2d at 1579. And Sensio will be estopped from later raising the same invalidity arguments in this action. 35 U.S.C. 315(e)(2). Moreover, to secure allowance of the challenged claims, Select Brands may make arguments or take positions that are inconsistent with its infringement contentions. In that case, Select Brands may be estopped from asserting infringement. In other words, even if the claims are not cancelled, their scope may change whether through amendment or arguments so the inter partes review proceeding could significantly simply issues for trial. See Semiconductor Energy Lab. Co. v. Chimei Innolux Corp., 2012 WL 7170593, at *2-4 (C.D. Cal. Dec. 19, 2012) (staying a case pending inter partes review, stating that [a]s this Court has previously noted, the amended standards for granting
The only situation in which issues will not be simplified is if inter partes review is not instituted by the PTO. As explained below, the PTO is statutorily obliged to make that decision within six months. Moreover, the PTOs published statistics show that it has instituted inter partes review in 89% of the petitions it has considered. See USPTO FY 2013 Process Production Report, available at http://www.uspto.gov/ip/boards/bpai/stats/ process/fy2013_apr_b.jsp (last visited August 6, 2013) (reporting that in forty-nine of the fiftyfive petitions considered to date, trials have been instituted). 13
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inter partes review probably results in an even higher likelihood than under the prior standard that the issues in this action will be simplified by the reexamination); Ever Win Intl Corp. v. Radioshack Corp., 902 F. Supp. 2d 503, 505-06 (D. Del. 2012) (granting stay pending reexamination and finding there [was] the potential for the simplification of issues for trial, either by reducing the number of claims at issue, confirming the validity of the surviving claims, or narrowing the scope of a modified claim.); Scriptpro, 2006 WL 2294859, at *1 (staying case pending reexamination because it would simplify issues). As result, this factor weighs in favor of staying this action. B. Discovery Has Not Begun and No Trial Date Has Been Set
This action has only just begun. The scheduling conference has not yet taken place and discovery has not started. Indeed, as of this filing, the parties have not yet exchanged mandatory initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1), agreed to a protective order, served discovery requests, or the like. See, e.g., Smarter Agent, LLC, 889 F. Supp. 2d at 675 (granting stay and noting, among other things, that essentially nothing has happened in this case beyond the briefing of the instant motion to stay); Semiconductor Energy Lab. Co., 2012 WL 7170593, at *2-4 (granting a stay pending inter partes review where fact discovery had begun but not finished, no depositions had been taken, the parties had not briefed the court on claim construction, and no claim construction order had issued); Braintree, 1997 WL 94237, at *10 (staying a case pending reexamination and noting that the case is only a few months old). Because this case is in its infancy, this factor, too, weighs in favor of a stay. C. A Stay Would Not Prejudice or Present a Tactical Disadvantage to Select Brands
As explained above, the patent statute requires that the Board decide whether to institute trial concerning the challenged claims within six months. See 35 U.S.C. 314(b); 37 C.F.R. 14
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42.107(b). If trial is instituted, the patent statute further requires that the Board issue a final written decision regarding the patentability of the claims within one year. See 35 U.S.C. 316(a)(11).3 Thus, at most, Sensios motion seeks an eighteen month stay of this litigation, the time period within which the entire inter partes review proceeding must be completed. If the Board decides not to institute trial, then the stay would last only six months. Such limited timeframes, either of which has a discernible end in sight, will not unduly prejudice Select Brands. In sum, because any prejudice to Select Brands is minimal, and there is no tactical disadvantage to Select Brands in granting a limited stay, this factor also weighs in favor of staying this action. V. CONCLUSION The potential to simplify or eliminate issues at this early stage of this suit, without unduly prejudicing Select Brands, supports staying this action pending Sensios Petitions for Inter Partes Review. Accordingly, Sensio requests that the Court grant its motion for a stay.
Although the statute allows an additional six months for good cause shown, the PTO has indicated that it does not anticipate relying on that provision very often. PTO Inter Partes Review Implementation, 77 Fed. Reg. at 48,695. 15
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Dated this 9th day of August 2013.
Respectfully submitted, STINSON MORRISON HECKER LLP By: s/ Daniel D. Crabtree Daniel D. Crabtree KS #10903 STINSON MORRISON HECKER LLP 1201 Walnut, Suite 2900 Kansas City, MO 64106 Telephone: (816) 842-8600 Facsimile: (816) 691-3495 [email protected] J. Michael Jakes admitted pro hac vice Kathleen A. Daley admitted pro hac vice Elizabeth D. Ferrill admitted pro hac vice FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 901 New York Avenue, NW, Washington, DC 20001-4413 Telephone: (202) 408-4098 Facsimile: (202) 408-4400 [email protected] [email protected] [email protected] Attorneys for Defendant Sensio, Inc.
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CERTIFICATE OF SERVICE I hereby certified that on the 9th day of August, 2013, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which sent notification of such filing to the following participants: Matthew B. Walters Michael Elbein Scott R. Brown HOVEY WILLIAM LLP 84 Corporate Woods 10801 Mastin Boulevard, Suite 1000 Overland Park, Kansas 66210 Attorneys for Plaintiff s/ Daniel D. Crabtree Attorney for Defendant Sensio, Inc.
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Case 2:13-cv-02108-KHV-GLR Document 15-1 Filed 08/09/13 Page 1 of 2
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
SELECT BRANDS, INC., Plaintiff, v. SENSIO, INC., Defendant. Case No. 13-cv-2108 KHV/GLR
I, ELIZABETH D. FERRILL, hereby declare and state that: I am an attorney duly licensed to practice in all courts of the state of Virginia and the District of Columbia; an associate of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.; and one of the attorneys of record for Defendant Sensio Inc. I have been admitted to this Court pro hac vice for the purposes of this civil action. The facts set forth herein are of my own personal knowledge and, if sworn, I could and would testify competently to them. I am submitting this Declaration in support of Sensio Incs Motion to Stay Pending Inter Partes Review. 1. Attached hereto as Exhibit 1 is a true and correct copy of the Petition for Inter
Partes Review for D699,731, filed by Sensio at the U.S. Patent and Trademark Office on August 7, 2013. 2. Attached hereto as Exhibit 2 is a true and correct copy of the Petition for Inter
Partes Review for D675,864, filed by Sensio at the U.S. Patent and Trademark Office on August 7, 2013.
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3.
Attached hereto as Exhibit 3 is a true and correct copy of Exhibits 1001 to 1023,
filed by Sensio at the U.S. Patent and Trademark Office on August 7, 2013, in connection with the Petitions for Inter Partes Review listed above. 4. Attached hereto as Exhibit 4 is a true and correct copy of an Office Action issued
by the U.S. Patent and Trademark Office on April 20, 2012 in connection with the prosecution of the U.S. Patent No. D699,731. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge, information, and belief.
Dated: August 9, 2013
By:
/s/ Elizabeth D. Ferrill Elizabeth D. Ferrill
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EXHIBIT 1
Paper No. Filed: August 7, 2013 Filed on behalf of: Sensio, Inc. By: Kathleen A. Daley Elizabeth D. Ferrill FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, NW Washington, DC 20001-4413 Telephone: 202-408-4000 Facsimile: 202-408-4400 E-mail: [email protected] [email protected] UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
SENSIO INC. Petitioner v. SELECT BRANDS, INC. Patent Owner
Patent D699,731
PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. D669,731
Table of Contents Table of Authorites .................................................................................................. iii I. II. III. IV. V. VI. Introduction...................................................................................................... 1 Mandatory Notices Under 37 C.F.R. 42.8 .................................................... 1 Payment of Fees Under 37 C.F.R. 42.15(a) and 42.103 ............................ 2 Grounds for Standing....................................................................................... 2 Identification of Challenge .............................................................................. 2 Background ...................................................................................................... 4
VII. Claim Construction .......................................................................................... 7 VIII. The Applicable Legal Standards.................................................................... 12 A. B. IX. Anticipation ......................................................................................... 12 Obviousness......................................................................................... 13
Detailed Explanation of Grounds for Unpatentability Under the Broadest Reasonable Construction ................................................................ 14 A. B. C. D. E. F. Ground 1: Embodiments 1, 2, and 3 Are Anticipated Under 102(a) by Shi 429 (Ex. 1002).......................................................... 15 Ground 2: Embodiments 1, 2, and 3 Are Obvious Under 103(a) Over Shi 429 (Ex. 1002)...................................................... 18 Ground 3: Embodiment 1 Is Anticipated Under 102(a) by Shi 889 (Ex. 1004).................................................................................... 19 Ground 4: Embodiment 1 Is Obvious under 103(a) over Shi 889 (Ex. 1004).................................................................................... 21 Ground 5: Embodiment 1 Is Anticipated Under 102(a) by Lu 763 (Ex. 1006).................................................................................... 22 Ground 6: Embodiment 1 Is Obvious under 103(a) over Lu 763 (Ex. 1006).................................................................................... 24 -i-
G. H. I. J. K. L. M. N.
Ground 7: Embodiment 1 Is Anticipated Under 102(b) by Shi 547 (Ex. 1008).................................................................................... 25 Ground 8: Embodiment 1 Is Obvious under 103(a) over Shi 547 (Ex. 1008).................................................................................... 28 Ground 9: Embodiments 1, 2, and 3 Are Anticipated Under 102(b) by Shi 269 (Ex. 1010) ......................................................... 29 Ground 10: Embodiments 1, 2, and 3 Are Obvious Under 103(a) Over Shi 269 (Ex. 1010)...................................................... 32 Ground 11: Embodiment 2 Is Anticipated Under 102(b) by Shi 069 (Ex. 1012) ............................................................................. 33 Ground 12: Embodiment 2 Is Obvious Under 103(a) over Shi 069 (Ex. 1012).................................................................................... 36 Ground 13: Embodiment 1 Is Obvious Under 103(a) Over Shi 547 (Ex. 1008) in View of Perkins 654 (Ex. 1014) .......................... 38 Ground 14: Embodiments 1, 2, and 3 Are Obvious Under 103(a) Over Shi 269 (Ex. 1010) in View of Perkins 654 (Ex. 1014) .................................................................................................... 41 Ground 15: Embodiments 1, 2, and 3 Are Obvious Under 103(a) Over Shi 269 (Ex. 1010) in View of Shi 110 (Ex. 1015) .................................................................................................... 44 Ground 16: Embodiment 2 Is Obvious Under 103(a) Over Shi 069 (Ex. 1012) in View of Shi 110 (Ex. 1015) ................................ 47
O.
P. X.
Conclusion ..................................................................................................... 50
Appendix - List of Exhibits Certificate of Service
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Table of Authorities Page(s) FEDERAL CASES Apple, Inc. v. Samsung Elecs. Co., 678 F.3d 1314 (Fed. Cir. 2012) ................................................................... 13, 14 Contessa Food Products, Inc. v. Conagra, Inc., 282 F.3d 1370 (Fed. Cir. 2002) ............................................................................ 7 Durling v. Spectrum Furniture Co., 101 F.3d 100 (Fed. Cir. 1996) .....................................................................passim Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir. 2008) .......................................................................... 7, 8 In re Borden, 90 F.3d 1570 (Fed. Cir. 1996) ......................................................................13, 14 In re Carter, 673 F.2d 1378 (C.C.P.A. 1982) ............................................................. 19, 34, 38 In re Klein, 987 F.2d 1569 (Fed. Cir. 1993) .................................................................. passim In re Lamb, 286 F.2d 610 (C.C.P.A. 1961) .....................................................................passim In re Nalbandian, 661 F.2d 1214 (C.C.P.A. 1981) .......................................................................... 13 In re Rosen, 673 F.2d 388 (C.C.P.A. 1982) ........................................................................... 13 In re Rubinfield, 270 F.2d 391 (C.C.P.A. 1959) ............................................................................. 8 In re Stevens, 173 F.2d 1015 (C.C.P.A. 1949) .................................................................. passim International Seaway Trading Copr. v. Walgreens Corp., 589 F.3d 1233 (Fed. Cir. 2009) ...................................................................passim - iii -
KSR International Co. v. Teleflex, Inc., 550 U.S. 398 (2007) ............................................................................................ 14 Titan Titan Tire Corp. v. Goodyear Tire & Rubber Co, 566 F.3d 1372 (Fed. Cir. 2009) ......................................................................... 14
FEDERAL STATUTES 35 U.S.C. 102 .................................................................................................passim 35 U.S.C. 103 .................................................................................................passim Leahy-Smith America Invents Act Technical Corrections, Pub. L. No. 112-274, 1(d)(1), 126 Stat. 2456 (2013) ........................................ 2
FEDERAL REGULATIONS 37 C.F.R. 1.152 ....................................................................................................... 8 37 C.F.R. 1.104 ..................................................................................................... 12 37 C.F.R. 42.8 ......................................................................................................... 1 37 C.F.R. 42.15 ....................................................................................................... 2 37 C.F.R. 42.100 ..................................................................................................... 7 37 C.F.R. 42.103 ..................................................................................................... 2 37 C.F.R. 42.104 ..................................................................................................... 2
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I.
Introduction Sensio Inc. (Petitioner) requests inter partes review of the claim of U.S.
Design Patent No. D669,731 (the 731 patent) (Ex. 1001), assigned on its face to Select Brands, Inc. (Patent Owner). This Petition shows by a preponderance of the evidence that there is a reasonable likelihood that Petitioner will prevail on the 731 patent based on prior art that anticipates or makes obvious the 731 patent. The 731 patent should be found unpatentable and canceled. II. Mandatory Notices Under 37 C.F.R. 42.8 Real Party-in-Interest: Sensio Inc. is the real party-in-interest. Related Matters: The Patent Owner has sued Petitioner, alleging infringement of the 731 patent. Select Brands, Inc. v. Sensio, Inc., 13-cv-2018 KHV/GLR (D. Ka). U.S. Application Nos. 29/429,230,1 29/439,793 and
29/457,658 attempt to claim priority of the filing date of the 731 patent. Lead and Back-Up Counsel and Service Information: Lead Counsel Kathleen A. Daley (Reg. No. 36,116) Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. 901 New York Avenue, NW Washington, DC 20001-4413
1
Back-Up Counsel Elizabeth D. Ferrill (Reg. No. 58,415) Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. 901 New York Avenue, NW Washington, DC 20001-4413
This application issued as U.S. Design Patent No. D657,864 (the 864 patent),
and a petition for inter partes review has also been filed on this patent.
Telephone: 202-408-4098 Facsimile: 202-408-4400 E-mail: [email protected]; [email protected] III.
Telephone: 202-408-4445 Facsimile: 202-408-4400 E-mail: [email protected]; [email protected]
Payment of Fees Under 37 C.F.R. 42.15(a) and 42.103 The required fees are submitted herewith. If any additional fees are due at
any time during this proceeding, the Office is authorized to charge such fees to Deposit Account No. 06-0916. IV. Grounds for Standing Petitioner certifies that, under 37 C.F.R. 42.104(a), the 731 patent is available for inter partes review, and Petitioner is not barred or estopped from requesting inter partes review of the 731 patent on the grounds identified.2 V. Identification of Challenge Pursuant to 37 C.F.R. 42.104(b), Petitioner requests inter partes review based on the following prior art that was not cited during prosecution:
Although the 731 patent issued on October 30, 2012, it is available for inter
partes review. See Leahy-Smith America Invents Act Technical Corrections, Pub. L. No. 112-274, 1(d)(1), 126 Stat. 2456 (2013).
Exhibit
Description
Ex. 1002 CN 101695429 A to Shi et al. (Shi 429) Ex. 1003 Certified English Translation of Shi 429 Ex. 1004 Chinese Design Registration CN301282889 to Shi (Shi 889) Ex. 1005 Certified English Translation of Shi 889 Ex. 1006 Chinese Design Registration CN301383763 to Lu (Lu 763) Ex. 1007 Certified English Translation of Lu 763 Ex. 1008 Chinese Design Registration CN301010547 to Shi (Shi 547) Ex. 1009 Certified English Translation of Shi 547 Ex. 1010 CN 101564269 A to Shi (Shi 269) Ex. 1011 Certified English Translation of Shi 269 Ex. 1012 CN 100577069 to Shi (Shi 069) Ex. 1013 Certified English Translation of Shi 069 Ex. 1014 U.S. Design Patent No. D590,654 to Perkins (Perkins 654), filed Dec. 8, 2008 Ex. 1015 CN 101862110 to Shi et al. (Shi 110) Ex. 1016 Certified English Translation of Shi 110
Publication/ Issue Date Apr. 21, 2010 July 14, 2010
Nov. 17, 2010
Sept. 16, 2009
Oct. 28, 2009 Jan. 6, 2010 Apr. 21, 2009 Oct. 20, 2010
Petitioner requests inter partes review based on the following grounds: Ground 1 2 3 4 5 6 7 8 Challenged Embodiments 1, 2, 3 1, 2, 3 1 1 1 1 1 1 Description Anticipated under 102(a) by Shi 429 (Ex. 1002) Obvious under 103(a) over Shi 429 (Ex. 1002) Anticipated under 102(a) by Shi 889 (Ex. 1004) Obvious under 103(a) over Shi 889 (Ex. 1004) Anticipated under 102(a) by Lu 763 (Ex. 1006) Obvious under 103(a) over Lu 763 (Ex. 1006) Anticipated under 102(b) by Shi 547 (Ex. 1008) Obvious under 103(a) over Shi 547 (Ex. 1008)
Ground 9 10 11 12 13 14 15 16
Challenged Embodiments 1, 2, 3 1, 2, 3 2 2 1 1, 2, 3 1, 2, 3 2
Description Anticipated under 102(b) by Shi 269 (Ex. 1010) Obvious under 103(a) over Shi 269 (Ex. 1010) Anticipated under 102(b) by Shi 069 (Ex. 1012) Obvious under 103(a) over Shi 069 (Ex. 1012) Obvious under 103(a) over Shi 547 (Ex. 1008) view of Perkins 654 (Ex. 1014) Obvious under 103(a) over Shi 269 (Ex. 1010) view of Perkins 654 (Ex. 1014) Obvious under 103(a) over Shi 269 (Ex. 1010) view of Shi 110 (Ex. 1015) Obvious under 103(a) over Shi 069 (Ex. 1012) view of Shi 110 (Ex. 1015)
in in in in
Section VII explains how the claim should be construed and Section IX explains how each claim element is found in the prior art. VI. Background The application for the 731 patent was filed on January 13, 2011,3 and is entitled Multiple Crock Buffet Server. The application contained a single claim and 72 figures, depicting ten embodiments. On April 20, 2012, the Examiner required restriction between seven Groups: Group I: embodiments 1 (figures 1-7), 2 (figures 8-14), 3 (figures 15-21), and 10 (figures 66-72); Group II: embodiments 4 (figures 22-28) and 5 (figures 29-35); Group III: embodiment 6 (figures 36-43);
3
Because the application for the 731 patent was filed prior to the effective date of
the America Invents Act (AIA), the pre-AIA statutes apply here.
Group IV: embodiment 7 (figures 44-50); Group V: embodiment 8 (figures 51-59); and Group VI: embodiment 9 (figures 60-65). (April 20, 2012 Restriction Reqt at 2.) The applicants elected to proceed with Group I, canceled the remaining
figures, amended certain remaining figures, and renumbered figures 66-72 to figures 22-28. (July 2, 2012 Amendment.) The application was then allowed. At no point did applicants submit an Information Disclosure Statement. The 731 patent issued on October 30, 2012 and contains four embodiments, which the Examiner deemed to be patentably indistinct: Embodiment 1 (figures 1-7) two or more oval server bowl inserts situated adjacent opposite ends of the heated server base unit housing (731 patent at description of figure 1.)
Embodiment 2 (figures 8-14) two or more oval server bowl inserts covering various buffet server housing lengths (731 patent at description of figure 8.)
Embodiment 3 (figures 15-21) two or more oval server bowl inserts (731 patent at description of figure 15.)
Embodiment 4 (figures 22-28) multiple crock buffet server (731 patent at description of figure 22.)
The day after the 731 patent issued, as a prelude to litigation, the Patent Owner sent a letter to counsel for the Petitioner identifying the 731 patent, which the Patent Owner said is directed to a multiple crock buffet server, and asserting that the Petitioners products infringe the 731 patent. (Ex. 1017.) In that letter, the Patent Owner identified fourteen of Petitioners Bella brand slow cooker model numbers, that, according to the Patent Owner, have features that appear to be identical to those disclosed and claimed in the D731 patent. 6 (Id.) Of the
fourteen different model numbers identified as being identical to the claimed design, seven models contain round bowl inserts in the buffet server. (Ex. 1019.) On February 12, 2012, the Patent Owner sent a similar letter, identifying its recently issued 864 patent, a continuation of the 731 patent, and making the same infringement allegations. (Ex. 1018.) The Patent Owner subsequently filed suit against Petitioner in the U.S. District Court for the District of Kansas, alleging that the Petitioner infringes the 731 patent and the 864 patent, by making and selling multiple crock servers that infringe upon the designs of and embody the subject matter claimed. (Ex. 1020 at 2.) The Patent Owner included its October 31, 2012 (Ex. 1017) and its February 12, 2012 (Ex. 1018) letters with the complaint. VII. Claim Construction A claim subject to inter partes review receives the broadest reasonable construction in light of the specification of the patent in which it appears. 37 C.F.R. 42.100(b). The scope of the 731 patent is defined by the solid lines depicted in figures 1-28 of the patent in conjunction with their descriptions. See, e.g., Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 680 (Fed. Cir. 2008) (citing 37 C.F.R. 1.152); see also Contessa Food Prods, Inc. v. Conagra, Inc., 282 F.3d 1370, 1378 (Fed. Cir. 2002). Given the recognized difficulties entailed in trying to describe a design in words, the preferable course ordinarily will be [to not] attempt to construe a design patent claim by providing a detailed verbal
description of the claimed design. Egyptian Goddess, 543 F.3d at 679. But, the Federal Circuit said that it would be helpful to point out . . . various features of the claimed design as they relate to the . . . prior art. Id. at 680. The 731 patent comprises a claimed design having four embodiments. Multiple embodiments may be included in the same design patent only if they involve a single inventive concepti.e., if they are patentably indistinct. See In re Rubinfield, 270 F.2d 391, 396 (C.C.P.A. 1959). As a result, Petitioner need only show a single embodiment of the 731 patent unpatentable to make every embodiment of the 731 patent unpatentable. See In re Klein, 987 F.2d 1569, 1570 (Fed. Cir. 1993). According to the specification, the first embodiment (figures 1-7) covers a buffet server with two or more oval server bowl inserts situated adjacent opposite ends of the heated server base unit housing. (791 at description of figure 1.) The specification affirmatively disclaims: the intermediate (middle) server bowl insert; top and bottom housing sections of the heated server base unit housing; server control knobs; server lid holders; insert lids received by the bowl inserts; liners that receive the bowl inserts; outer handle surfaces and a radial groove (i.e., spoon-rest notch) of each bowl insert; bosses that receive the lid holders; and multiple feet of the bottom housing section. (791 at description of figures 1, 2, and 4; see also figures 1-7.)
As illustrated below, the first embodiment (figures 1-7) depicts a portion of a pair of curved bowl-insert rims, having a particular profile: Fig. 1 (front perspective view) Fig. 3 (top view) Fig. 4 (enlarged front view)
The claimed design does not include the outer handles or the notch for resting a spoon. While the descriptions refer to oval server bowl inserts, figures 1-7 show both the inner and outer portion of the outer handle in dashed lines. As a result, under the broadest reasonable construction, the first embodiment covers portions of a curved rim of bowl inserts (not including those portions of the rim containing the outer handles or the notch), as shown above, in the emphasized figures. Stated more specifically, the first embodiment covers: (1) the curved portions of two rims of two bowl inserts situated adjacent opposite ends of the heated server base unit housing; and (2) rims having the following profile, in which the side of the rim slightly protrudes on the top (dot-dash line), with a rounded top
edge (larger dashed circle) and a less rounded bottom edge (smaller dashed circle). For the second embodiment (figures 8-14), the specification likewise disclaims: the top and bottom of the housing; the control knobs, the lid holders, the oval liners that receive the bowl inserts, the outer handle surfaces, the spoon-rest notch, bosses, and housing feet. (731 patent at description of figures 8, 9, and 11.) Figures 8-11 and 13 include the drawing convention for a design having indeterminate length, as confirmed by the specification. While the specification says that the second embodiment covers two or more oval server bowl inserts (731 patent at description of figures 8), the Patent Owner, in its pre-filing letters to Petitioner, asserted that seven different models of buffet servers each having round server bowls infringe the 731 patent and have features that are identical to those disclosed and claimed in the 731 patent. (Ex. 1017.) In other words, the Patent Owner has clearly construed the 731 patent as covering slow cookers with both round and oval server bowls. This constitutes an admission by the Patent Owner regarding the scope and thus patentability of the 731 patent. The PTO can, and the Petitioner submits should, use such an
admission by the Patent Owner in determining patentability. See 37 C.F.R. 1.104(c)(3). As a result, the second embodiment should be construed under the broadest reasonable construction to include at least two curved server bowl inserts
10
with portion of two curved rims of the profile discussed in the first embodiment, separated by any distance or no distance. The specification indicates that the third embodiment (figures 15-21) covers two or more oval server bowl inserts. (731 patent at description of figure 15.) But, as noted above, the Patent Owner has taken the position that 731 patent covers round server bowls. As with the two prior embodiments, the specification disclaims the middle oval server bowl insert; the top and bottom of the housing, the control knobs, the lid holders, the oval liners that receive the bowl inserts, the outer handle surfaces, the spoon-rest notch, bosses, and housing feet. (731 patent at description of figures 15, 16, and 18.) Thus, under the broadest reasonable
construction, the third embodiment covers a two or more server bowl inserts with portions of two curved rims, of the profile discussed in the first embodiment, separated by the width of one server bowl. According to the specification, the fourth embodiment (figures 22-28) covers multiple crock buffet server and the specification disclaims the top and bottom of the housing, bosses that receive the lids, knobs, oval liners, outer handle surfaces, the spoon-rest notch, and housing feet. (731 patent at description of figures 22 and 25.) The relevant figures depict a left server bowl positioned perpendicularly to a right server bowl. The Patent Owner has also taken the position that the 731 patent covers both round and oval server bowls. As a result,
11
under the broadest reasonable construction, the fourth embodiment covers a curved server bowl positioned perpendicularly to another curved server bowl. Petitioner notes certain inconsistencies between the figures and the specification. For instance, the front outer handles appear claimed in figure 2, but are disclaimed in the specification. In addition, portions of the front and rear face of the housing appear claimed in figures 4-7, but only partially claimed in figures 1 and 2, and not shaded as claimed in any figures. Nonetheless, under the broadest reasonable construction, these features are not part of the claim. In sum, as reflected by the four embodiments of the claimed design, which are by definition not patentably distinct, under the broadest reasonable construction, the claimed design should be construed to encompass portions of two curved rims (oval or round), having the profile shown above, with or without bowl inserts, separated by any width and arranged in any configuration. VIII. The Applicable Legal Standards A. Anticipation
The ordinary observer test is the sole test for determining anticipation of a design patent under 35 U.S.C. 102. Intl Seaway Trading Copr. v. Walgreens Corp., 589 F.3d 1233, 1240 (Fed. Cir. 2009). This test considers whether an ordinary observer, familiar with the prior art, would be deceived into believing that, taken as a whole, the prior art reference and the claimed design are the same.
12
Egyptian Goddess, 534 F.3d at 675, 681. B. Obviousness
In the design patent context, the ultimate inquiry under section 103 is whether the claimed design would have been obvious to a designer of ordinary skill who designs articles of the type involved. Durling v. Spectrum Furniture Co., 101 F.3d 100, 103 (Fed. Cir. 1996) (citing In re Rosen, 673 F.2d 388, 390 (C.C.P.A. 1982)); see also Apple, Inc. v. Samsung Elecs. Co., 678 F.3d 1314, 1329 (Fed. Cir. 2012). This inquiry focuses on the visual impression of the claimed design as a whole and not on selected individual features. In re Borden, 90 F.3d 1570, 1574 (Fed. Cir. 1996). In this case, the designer of ordinary skill would be someone with background and training in the design of small kitchen appliances and who is presumed to have knowledge of the prior art slow cookers. See In re Nalbandian, 661 F.2d 1214, 1215-16 (C.C.P.A. 1981). Next, the Federal Circuit uses a two-step obviousness determination process for design patents. See Apple, 678 F.3d at 1329-31. First, one must find a single reference, a something in existence, the design characteristics of which are basically the same as the claimed design. Durling, 101 F.3d at 103. Second, other references may be used to modify [the primary reference] to create a design that has the same overall visual appearance as the claimed design. Id. The
secondary references may be used to modify the primary reference if the two are
13
so related to the primary reference that the appearance of certain ornamental features in one would suggest that application of those features to the other. Borden, 90 F.3d at 1575. The hypothetical reference, created through the combination of the primary and secondary references, and the claimed design are then analyzed using the ordinary observer test. Intl Seaway, 589 F.3d at 1241. The touchstone is the similarity of overall appearance; small differences are inconsequential. [T]he mere fact that there are differences over the prior art structures is not alone sufficient to justify a holding that the design is patentable. In re Lamb, 286 F.2d 610, 611 (C.C.P.A. 1961); see also KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 401 (2007) (stating that a combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results); Titan Titan Tire Corp. v. Goodyear Tire & Rubber Co, 566 F.3d 1372, 1385 (Fed. Cir. 2009) (stating that it is not obvious that the Supreme Court necessarily intended to exclude design patents from the reach of KSR). IX. Detailed Explanation of Grounds for Unpatentability Under the Broadest Reasonable Construction This Petition explains that the 731 patent is invalid on multiple grounds. The references presented by Petitioner provide visual disclosures that were not considered by the Office during prosecution. The references and grounds are also not cumulative to each other given the different disclosures of the references. A 14
reasonable examiner would consider these references to be important in deciding whether the claims are patentable, and this Petition demonstrates a reasonable likelihood that Petitioner will prevail. A. Ground 1: Embodiments 1, 2, and 3 Are Anticipated Under 102(a) by Shi 429 (Ex. 1002)
Shi 429 discloses the same overall visual impression as embodiments 1, 2, and 3, and, as result, the claimed design is anticipated by Shi 429 under 35 U.S.C. 102(a). (Ex. 1002 at 6-8.) Shi 429 is a Chinese utility patent application, filed on October 10, 2009 and published on April 21, 2010, prior to the filing date of the 731 patent. (Ex. 1003 at 1.) Therefore, Shi 429 is a prior art printed publication under 35 U.S.C. 102(a). Shi 429 has virtually an identical overall visual appearance to the first embodiment of the 731 patent:
15
Shi 429
As shown below, Shi 429 discloses the same curved rims and the same rim profile as first embodiment:
16
Shi 429 with First Embodiment of 731 Overlaid (in white) When considered in the context of the ordinary observer test, an ordinary observer familiar with the relevant prior art (see, e.g., Exs. 1002-1015) would be deceived into believing that, taken as a whole, Shi 429 is the same as the first embodiment of the claimed design. Likewise, as to the second and third embodiments, Shi 429 discloses identically-shaped bowl inserts in its exploded view. (See Ex. 1002 at 8 (emphasis added).)
17
Shi 429
Third Embodiment of 731
Similarly, Shi 429 discloses the second embodiment, because that embodiment does not specify any distance between its claimed bowl inserts. With three embodiments anticipated by Shi 429, the claim is anticipated under 35 U.S.C. 102(a). See Klein, 987 F.2d at 1570. And the Petitioner has established a reasonable likelihood that it will prevail on this ground of rejection. B. Ground 2: Embodiments 1, 2, and 3 Are Obvious Under 103(a) Over Shi 429 (Ex. 1002)
In the alternative, Shi 429 discloses the same overall visual impression as embodiments 1, 2, and 3, and in view of the common knowledge of a designer having ordinary skill in the art, any differences are de minimus and not sufficient to justify a finding that the design is patentable. As a result, the claim is obvious under 35 U.S.C. 103(a) over Shi 429. Shi 429 is a suitable primary reference, because Shi 429 discloses a slow cooker with basically the same design characteristics as the claimed design. Durling, 101 F.3d at 103. Indeed, Shi 429 is so similar to the claimed design, that
18
no secondary reference is necessary. As to the first, second, and third embodiments, to the extent that there are viewed to be any disclosure not plainly evident from Shi 429 (e.g., incomplete side view of figure 2, a need to collapse some layers of figure 5, or any minor differences in proportion of the curved rims), Shi 429 readily suggests to these minor alterations to one of ordinary skill to arrive at a hypothetical reference. See In re Carter, 673 F.2d 1378, 1380 (C.C.P.A. 1982); see also In re Stevens, 173 F.2d 1015, 1015-16 (C.C.P.A. 1949) (obvious changes in . . . proportioning involve ordinary skill only). Finally, considering this hypothetical Shi 429 reference, the ordinary observer would be deceived into believing that the hypothetical Shi 429 is the same as the claimed design. Intl Seaway, 589 F.3d at 1240-41. Application of such ordinary skill does not make the claimed design patentable over Shi 429. Stevens, 173 F.2d at 1015-16. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 429. See Klein, 987 F.2d at 1570. And the Petitioner has established a reasonable likelihood that it will prevail on this ground of rejection. C. Ground 3: Embodiment 1 Is Anticipated Under 102(a) by Shi 889 (Ex. 1004)
Shi 889 discloses the same overall visual impression as embodiment 1 and, as result, the claimed design is anticipated by Shi 889 under 35 U.S.C. 102(a). (Ex. 1004.) Shi 889 is a Chinese design registration, filed on October 10, 2009 19
and published on July 14, 2010, prior to the filing date of the 731 patent. (Ex. 1005 at 1.) Therefore, Shi 889 is a prior art printed publication under 35 U.S.C. 102(a). Shi 889 appears to be the companion design registration to Shi 429 (Ex. 1002). Although similar to Shi 429, because Shi 889 discloses all six views of the design, it is not cumulative of Shi 429. Shi 889 has virtually an identical overall visual appearance to the first embodiment of the 731 patent: Shi 889 First Embodiment of 731
As shown below, Shi 889 discloses the same portions of curved rims and the same rim profile as the claimed design:
20
Shi 889 (in gray) with First Embodiment of 731 Overlaid (in black) When considered in the context of the ordinary observer test, an ordinary observer familiar with the relevant prior art (see, e.g., Exs. 1002-1015), would be deceived into believing that, taken as a whole, Shi 889 is the same as the first embodiment of the claimed design. Indeed, even minor variations between the claimed design and Shi 889 does not preclude a finding of anticipation because these variations, if any, do not change the overall visual impression of the products at issue. Intl Seaway, 589 F.3d at 1243. With even one embodiment anticipated by Shi 889, the claim is anticipated under 35 U.S.C. 102(a). See Klein, 987 F.2d at 1570. And the Petitioner has established a reasonable likelihood that it will prevail on this ground of rejection. D. Ground 4: Embodiment 1 Is Obvious under 103(a) over Shi 889 (Ex. 1004)
To the extent that any minor differences are alleged between Shi 889 and
21
embodiment 1 defeating anticipation under 102(a), Shi 889 discloses the same overall visual impression as embodiment 1 and in view of the common knowledge of a designer having ordinary skill in the art, any differences are de minimus and not sufficient to justify a finding that the design is patentable under 103(a). Shi 889 is a suitable primary reference, because Shi 889 discloses a slow cooker with basically the same design characteristics as the claimed design. Durling, 101 F.3d at 103. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 889. See Klein, 987 F.2d at 1570. Therefore, the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. E. Ground 5: Embodiment 1 Is Anticipated Under 102(a) by Lu 763 (Ex. 1006)
Lu 763 discloses the same overall visual impression as embodiment 1 and, as result, the claimed design is anticipated by Lu 763 under 35 U.S.C. 102(a). (Ex. 1006.) Lu 763 is a Chinese design registration, filed on June 23, 2010 and published on November 17, 2010, prior to the filing date of the 731 patent. (Ex. 1007 at 1.) Therefore, Lu 763 is a prior art printed publication under 35 U.S.C. 102(a). Because the disclosure of Lu 763 is not the same as the other references cited herein, it is not cumulative. Focusing on portions of the design claimed in the first embodiment of the 731 patent, Lu 763 has virtually an identical overall visual appearance:
22
Lu 763
Lu 763 has a similar thick rim profile with rounded edges to the claimed design. As shown below, Lu 763 also discloses the same portions of two curved rims as the claimed design:
Lu 763 (in gray) with First Embodiment of 731 Overlaid (in black) 23
When considered in the context of the ordinary observer test, an ordinary observer familiar with the relevant prior art (see, e.g., Exs. 1002-1016), would be deceived into believing that, taken as a whole, Lu 763 is the same as the first embodiment of the claimed design. Even minor variations between the claimed design and Lu 763 does not preclude a finding of anticipation because these variations, if any, do not change the overall visual impression of the products at issue. Intl Seaway, 589 F.3d at 1243. With even one embodiment anticipated by Lu 763, the claim is anticipated under 35 U.S.C. 102(a). See Klein, 987 F.2d at 1570. Therefore, the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. F. Ground 6: Embodiment 1 Is Obvious under 103(a) over Lu 763 (Ex. 1006)
To the extent that any minor differences are alleged between Lu 763 and embodiment 1 defeating anticipation under 102(a), Lu 763 discloses the same overall visual impression as embodiment 1 and in view of the common knowledge of a designer having ordinary skill in the art, any differences are de minimus and not sufficient to justify a finding that the design is patentable under 103(a). Lu 763 is a suitable primary reference, because Lu 763 discloses a slow cooker with basically the same design characteristics as the claimed design. Durling, 101
24
F.3d at 103. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Lu 763. See Klein, 987 F.2d at 1570. Therefore, the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. G. Ground 7: Embodiment 1 Is Anticipated Under 102(b) by Shi 547 (Ex. 1008)
Shi 547 discloses the same overall visual impression as embodiment 1 and, as result, the claimed design is anticipated by Shi 547 under 35 U.S.C. 102(b). (Ex. 1008.) Shi 547 is a Chinese design registration, filed on May 7, 2008 and published on September 16, 2009, more than a year before the filing date of the 731 patent. (Ex. 1009 at 1.) Therefore, Shi 547 is a prior art printed publication under 35 U.S.C. 102(b). Because the disclosure of Shi 547 is not the same as the other references cited herein, it is not cumulative. As discussed above, in an October 31, 2013 letter to the Petitioner asserting infringement, the Patent Owner alleged that seven different slow cooker models, all with round serving bowls, appear to be identical to the slow cooker products disclosed and claimed in the D731 patent. (Ex. 1017.) Three months later, the Patent Owner made the same infringement allegations, asserting that seven different slow cooker models with round serving bowls have features that appear to be identical to those disclosed and claimed in the D864 and/or D731. (Ex. 1018.) To make such an such infringement allegation, the Patent Owners position had to be that an ordinary observer observing a buffet server with round serving 25
bowls would be deceived into thinking that it was the same as the patented design. Presumably the Patent Owner gave the accused designs more attention than an ordinary observer when saying that they are identical to and infringe the 731 patent. The PTO should not ignore this admission by the Patent Owner that the 731 patent covers buffet servers with curved server bowls, including round bowls, and that an ordinary observer would be deceived into thinking that a buffet server with round server bowls is the same as the claimed design. Focusing on portions of the design claimed in the first embodiment of the 731 patent, and as confirmed by the Patent Owners admission, Shi 547 has virtually an identical overall visual appearance: Shi 547 First Embodiment of 731
26
Shi 547 discloses a very similar rim profile with rounded edges as the first embodiment of the 731 patent. Further, Shi 547 discloses the same portions of two curved rims:
Shi 547 (in gray) with First Embodiment of 731 Overlaid (in black) When considered in the context of the ordinary observer test, it is clear that an ordinary observer familiar with the relevant prior art (see, e.g., Exs. 1002-1015), would be deceived into believing that, taken as a whole, Shi 547 is the same as the first embodiment of the claimed design. Minor variations between the claimed design and Shi 547 does not preclude a finding of anticipation because these variations, if any, do not change the overall visual impression of the products at issue. Intl Seaway, 589 F.3d at 1243. And, as discussed above, the Patent
27
Owners infringement allegations amount to an admission that an ordinary observer would be deceived if there are variations in between the claimed design and a buffet server with round bowls. With even one embodiment anticipated by Shi 547, the claim is anticipated under 35 U.S.C. 102(b). See Klein, 987 F.2d at 1570. And the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. H. Ground 8: Embodiment 1 Is Obvious under 103(a) over Shi 547 (Ex. 1008)
To the extent that any minor differences are alleged between Shi 547 and embodiment 1 defeating anticipation under 102(a), Shi 547 discloses the same overall visual impression as embodiment 1 and in view of the common knowledge of a designer having ordinary skill in the art, any differences are de minimus and not sufficient to justify a finding that the design is patentable under 103(a). Indeed, the Patent Owners assertion that a similar buffet server with round serving bowls is identical to the claimed design and infringes the claimed design, shows that any differences are de minimus. Shi 547 is a suitable primary reference, because Shi 547 discloses a slow cooker with basically the same design characteristics as the claimed design. Durling, 101 F.3d at 103. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 547. See Klein, 987 F.2d at 1570. Therefore, the Petitioner has established a reasonable likelihood that it will 28
prevail on this proposed ground of rejection. I. Ground 9: Embodiments 1, 2, and 3 Are Anticipated Under 102(b) by Shi 269 (Ex. 1010)
Shi 269 discloses the same overall visual impression as embodiments 1, 2, and 3, and, as result, the claimed design is anticipated by Shi 269 under 35 U.S.C. 102(b). (Ex. 1010 at 6-7.) Shi 269 is a public disclosure of a Chinese patent application, filed on May 7, 2009 and published on October 28, 2009, more than one year prior to the filing date of the 731 patent. (Ex. 1011 at 1.)
Therefore, Shi 269 is a prior art printed publication under 35 U.S.C. 102(b). Because the disclosure of Shi 269 is not the same as the other references cited herein, it is not cumulative. As confirmed by the Patent Owners admission that the claimed design covers curved server bowls (both oval and round), Shi 269 has virtually an identical overall visual appearance to the first embodiment of the 731 patent, as shown in the annotated figures:
29
Shi 269
Shi 269 discloses the same portions of two curved rims as the claimed design and has a thick rim profile with a rounded edges, wherein the upper rim extends protrudes slightly.
30
Shi 269 with First Embodiment of 731 Overlaid (in white) When considered in the context of the ordinary observer test, it is clear that an ordinary observer familiar with the relevant prior art (see, e.g., Exs. 1002-1015), would be deceived into believing that, taken as a whole, Shi 269 is the same as the first embodiment of the claimed design. Indeed, as discussed above, the Patent Owners infringement allegations amount to an admission that an ordinary observer would be deceived if there are variations between the claimed design and a buffet server with round bowls. Likewise, as to the second and third embodiments, Shi 269 discloses portions of two curved rims with bowl inserts in its exploded view (see Ex. 1010 at 7 (figure 5) (emphasis added)):
31
Shi 269
Likewise, Shi 269 discloses the second embodiment, because that embodiment does not specify any distance between its claimed bowl inserts. Thus, the claim is anticipated by Shi 269 under 35 U.S.C. 102(b). See Klein, 987 F.2d at 1570. And the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. J. Ground 10: Embodiments 1, 2, and 3 Are Obvious Under 103(a) Over Shi 269 (Ex. 1010)
In the alternative, Shi 269 discloses the same overall visual impression as embodiments 1, 2, and 3, and in view of the common knowledge of a designer having ordinary skill in the art, any differences are de minimus and not sufficient to justify a finding that the design is patentable. Indeed, the Patent Owners assertion that a similar buffet server with round serving bowl is identical to the claimed design and infringes the claimed design, shows that any differences are de minimus. As a result, the claim is invalid as obvious under 35 U.S.C. 103(a) over Shi 269. 32
Shi 269 is a suitable primary reference, because Shi 269 discloses a slow cooker with basically the same design characteristics as the claimed design, under its broadest reasonable construction. Durling, 101 F.3d at 103. Indeed, Shi 269 is so similar to the claimed design, that no secondary reference is necessary. As to the first, second, and third embodiments, to the extent that there are viewed to be any disclosure not plainly evident from Shi 269 (e.g., incomplete views in figures 2 and 3, a need to collapse some layers of figure 5, or any minor differences in proportion of portions of the curved rims), Shi 269 readily suggests to these minor alternations to one of ordinary skill to arrive at a hypothetical reference. See Carter, 673 F.2d at 1380; see also Stevens, 173 F.2d at 1015-16. Finally, considering this hypothetical Shi 269 reference, the ordinary observer would be deceived into believing that the hypothetical Shi 269 is the same as the claimed design. Intl Seaway, 589 F.3d at 1240-41. Application of such ordinary skill does not make the claimed design patentable over Shi 269. Stevens, 173 F.2d at 1015-16. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 269. See Klein, 987 F.2d at 1570. Therefore, the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. K. Ground 11: Embodiment 2 Is Anticipated Under 102(b) by Shi 069 (Ex. 1012)
Shi 069 discloses the same overall visual impression as embodiment 2 and, 33
as result, the claimed design is anticipated by Shi 069 under 35 U.S.C. 102(b). (Ex. 1012 at 6-7.) Shi 069 is a utility model specification, filed on May 7, 2008 and published on Jan. 6, 2010, more than one year prior to the filing date of the 731 patent. (Ex. 1013 at 1.) Therefore, Shi 069 is a prior art printed publication under 35 U.S.C. 102(b). Because the disclosure of Shi 069 is not the same as the other references cited herein, it is not cumulative. As confirmed by the Patent Owners admission that the claimed design covers curved server bowls (both round and oval), Shi 069 has virtually an identical overall visual appearance to the second embodiment of the 731 patent:
34
Shi 069
Second Embodiment of 7314
(emphasis added)
Shi 069 discloses the same portions of two curved rims, as shown below, (where the claimed design covers any distance between the rims), the same bowl inserts, and has a thick rim profile with a rounded edges.
Figure 10 has been altered to remove the spacing between the bowl inserts.
35
Shi 069 with Second Embodiment of 731 Overlaid (in white) When considered in the context of the ordinary observer test, an ordinary observer familiar with the relevant prior art (see, e.g., Exs. 1002-1015), would be deceived into believing that, taken as a whole, Shi 069 is the same as the second embodiment of the claimed design. With even one embodiment anticipated, the claim is anticipated by Shi 069 under 35 U.S.C. 102(b). See Klein, 987 F.2d at 1570. Therefore, the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. L. Ground 12: Embodiment 2 Is Obvious Under 103(a) over Shi 069 (Ex. 1012)
In the alternative, Shi 069 discloses the same overall visual impression as embodiment 2 and in view of the common knowledge of a designer having
36
ordinary skill in the art, any differences are de minimus and not sufficient to justify a finding that the design is patentable. Indeed, the Patent Owners assertion that a similar buffet server with round serving bowl is identical to the claimed design and infringes the claimed design, shows that any differences are de minimus. As a result, the claim is obvious under 35 U.S.C. 103(a) over Shi 069. Shi 069 is a suitable primary reference, because Shi 069 discloses a slow cooker with basically the same design characteristics as embodiment 2 of the claimed design, under its broadest reasonable construction. Durling, 101 F.3d at 103. Shi 069 is so similar to the claimed design, that no secondary reference is necessary. To the extent that there is viewed to be any disclosure in embodiment 2 that is not plainly evident from Shi 069 (e.g., incomplete views in figures 3 and 4, a need to collapse some layers of figure 5, or any minor differences in proportion of the curved rims), Shi 069 readily suggests to these minor alterations to one of ordinary skill to arrive at a hypothetical reference. See Carter, 673 F.2d at 1380; see also Stevens, 173 F.2d at 1015-16. Finally, considering this hypothetical Shi 069 reference, the ordinary observer would be deceived into believing that the hypothetical Shi 069 is the same as the claimed design. Intl Seaway, 589 F.3d at 1240-41. Application of such ordinary skill does not make the second embodiment of the claimed design patentable over Shi 069. Stevens, 173 F.2d at 1015-1016.
37
With even one embodiment made obvious, the claim is obvious under 35 U.S.C. 103(a) based on Shi 069. See Klein, 987 F.2d at 1570. Therefore, the Petitioner has established that there is a reasonable likelihood that it will prevail on this ground of rejection. M. Ground 13: Embodiment 1 Is Obvious Under 103(a) Over Shi 547 (Ex. 1008) in View of Perkins 654 (Ex. 1014)
Shi 547 in view of Perkins 654 discloses the same overall visual impression as embodiment 1. Any differences are de minimus and not sufficient to justify a finding that the design is patentable. As a result, the claim is invalid as obvious under 35 U.S.C. 103(a) over Shi 547 in view of Perkins 654. As explained in Section IX.G, Shi 547 is prior art printed publication under 35 U.S.C. 102(b). Perkins 654 is a U.S. Design Patent, filed on Dec. 8, 2009 and published on Apr. 21, 2009, more than one year prior to the filing date of the 731 patent. (Ex. 1014 at 1.) Therefore, Perkins 654 is also a prior art printed publication under 35 U.S.C. 102(b). Shi 547 is a suitable primary reference, because it discloses a slow cooker with basically the same design characteristics as the claimed design, under its broadest reasonable construction. Durling, 101 F.3d at 103. Although Petitioner argues that Shi 547 needs no secondary reference, if one is necessary, then Perkins 654 can be used to modify Shi 547 to create a design possessing the same overall visual appearance as embodiments 1. Id. Perkins 654 is an appropriate secondary 38
reference in this instance because it is also a contemporaneous slow cooker design, making it so related to Shi 547 that Perkins 654 would suggest the application of its oval-shaped bowl rims to the set of two round-shaped rims separated by a single-bowl distance in Shi 547 to arrive at a hypothetical Shi 547-Perkins 654 reference. Moreover, the similarity in rim profile of Shi 547 and Perkins 654 would further suggest the modification of Shi 547 with the oval-shaped rim of Perkins 654. Perkins 654 is not cumulative because, when combined with Shi 547, the disclosure of the resulting hypothetical reference is not the same as any other reference cited herein.
39
Shi 547
Perkins 654
Second, considering this Shi 547-Perkins 654 reference, the ordinary observer would be deceived into believing that the Shi 547-Perkins 654 is the same as the claimed design. Intl Seaway, 589 F.3d at 1240-41. Any remaining small differences between the Shi 547-Perkins 654 reference and the claimed design are inconsequential and not sufficient to justify a holding that the claimed design is patentable. Lamb, 286 F.2d at 611. 40
With even one embodiment made obvious, the claim is obvious under 35 U.S.C. 103(a) based on Shi 547 in view of Perkins 654. See Klein, 987 F.2d at 1570. Therefore, the Petitioner has established that there is a reasonable likelihood that it will prevail on this proposed ground of rejection. N. Ground 14: Embodiments 1, 2, and 3 Are Obvious Under 103(a) Over Shi 269 (Ex. 1010) in View of Perkins 654 (Ex. 1014)
Shi 269 in view of Perkins 654 discloses the same overall visual impression as embodiments 1, 2, and 3. Any differences are de minimus and not sufficient to justify a finding that the design is patentable. As a result, the claim is obvious under 35 U.S.C. 103(a) over Shi 269 in view of Perkins 654. As explained in Sections IX.I and IX.M respectively, Shi 269 and Perkins 654 are a prior art printed publication under 35 U.S.C. 102(b). Shi 269 is a suitable primary reference, because Shi 269 discloses a slow cooker with basically the same design characteristics as the claimed design, under its broadest reasonable construction. Durling, 101 F.3d at 103. Although Petitioner argues that Shi 269 needs no secondary reference, if one is necessary, then Perkins 654 can be used to modify Shi 269 to create a design possessing the same overall visual appearance as embodiments 1, 2 or 3. Id. Perkins 654 is an appropriate secondary reference in this instance because it is also a contemporaneous slow cooker design, making it so related to Shi 269 that Perkins 654 would suggest the application of its oval-shaped rim to the set of two 41
round-shaped bowls separated by a single-bowl distance in Shi 269 to arrive at a hypothetical Shi 269-Perkins 654 reference. Moreover, the similarity in rim profile of Shi 269 and Perkins 654 would further suggest the modification of Shi 269 with the oval-shaped rim of Perkins 654. The Shi 269-Perkins654
reference is not cumulative because the disclosure of the hypothetical reference is not the same as other references cited herein. Shi 269
Perkins 654
Second, considering this Shi 269-Perkins 654 reference, the ordinary 42
observer would be deceived into believing that the Shi 269-Perkins 654 is the same as the claimed design. Intl Seaway, 589 F.3d at 1240-41. Any remaining small differences between the Shi 269-Perkins 654 reference and the claimed design are inconsequential and not sufficient to justify a holding that the claimed design is patentable. Lamb, 286 F.2d at 611. Similarly, when one of ordinary skill considers the figure 5 of Shi 269 in view of the oval-shape of Perkins 654, the hypothetical reference that results (which would be similar to the first hypothetical reference except that it would disclose the oval bowl inserts in addition to the oval rims), the ordinary observer would be deceived into believing that this second Shi 269-Perkins 654 is the same as the claimed design. Intl Seaway, 589 F.3d at 1240-41. Shi 269 Perkins 654
43
Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 269 in view of Perkins 654. See Klein, 987 F.2d at 1570. Therefore, the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. O. Ground 15: Embodiments 1, 2, and 3 Are Obvious Under 103(a) Over Shi 269 (Ex. 1010) in View of Shi 110 (Ex. 1015)
Shi 269 in view of Shi 110 discloses the same overall visual impression as embodiments 1, 2, and 3. Any differences are de minimus and not sufficient to justify a finding that the design is patentable. As a result, the claim is obvious under 35 U.S.C. 103(a) over Shi 269 in view of Shi 110. As explained in Section IX.I, Shi 269 is a prior art printed publication under 35 U.S.C. 102(b). Shi 110 is a Chinese invention patent application, filed on January 28, 1010 and published on October 20, 2010, before the filing date of the 731 patent. (Ex. 1016 at 1.) Therefore, Shi 110 is also prior art printed
publication under 35 U.S.C. 102(a). Shi 269 is a suitable primary reference, because Shi 269 discloses a slow cooker with basically the same design characteristics as the claimed design, under its broadest reasonable construction. Durling, 101 F.3d at 103. Although Petitioner argues that Shi 269 needs no secondary reference, if one is necessary, then Shi 110 can be used to modify Shi 269 to create a design possessing the same overall visual appearance as embodiments 1, 2 or 3. Id. Shi 110 is an 44
appropriate secondary reference in this instance because it is also a contemporaneous slow cooker design, making it so related to Shi 269 that Shi 110 would suggest the application of its oval-shaped bowl insert to the set of two round-shaped bowls separated by a single-bowl distance in Shi 269 to arrive at a hypothetical Shi 269-Shi 110 reference. Moreover, the similarity in rim profile of Shi 269 and Shi 110 would further suggest the modification of Shi 269 with the oval-shaped bowl of Shi 110. The resulting hypothetical reference is not culmulative because it is not the same as any other reference cited herein.
45
Shi 269
Shi 110
Second, considering this Shi 269-Shi 110 reference, the ordinary observer would be deceived into believing that the Shi 269-Shi 110 is the same as the claimed design. Intl Seaway, 589 F.3d at 1240-41. Any remaining small
46
differences between the Shi 269-Shi 110 reference and the claimed design are inconsequential and not sufficient to justify a holding that the claimed design is patentable. Lamb, 286 F.2d at 611. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 269 in view of Shi 110. See Klein, 987 F.2d at 1570. Therefore, the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. P. Ground 16: Embodiment 2 Is Obvious Under 103(a) Over Shi 069 (Ex. 1012) in View of Shi 110 (Ex. 1015)
Shi 069 in view of Shi 110 discloses the same overall visual impression as embodiment 2. Any differences are de minimus and not sufficient to justify a finding that the design is patentable. As a result, the claim is obvious under 35 U.S.C. 103(a) over Shi 069 in view of Shi 110. As explained in Sections IX.K. and IX.O., Shi 069 is a prior art publication under 35 U.S.C. 102(b) and Shi 110 is a prior art printed publication under 35 U.S.C. 102(a). As explained in section IX.K., Shi 069 is a suitable primary reference with respect to embodiment 2, because Shi 069 discloses a slow cooker with basically the same design characteristics as Embodiment 2, under the broadest reasonable construction. Durling, 101 F.3d at 103. Although Petitioner argues that Shi 069 needs no secondary reference, if one is necessary, then Shi 110 can be used to 47
modify Shi 069 to create a design possessing the same overall visual appearance as embodiment 2. Id. Shi 110 is an appropriate secondary reference in this instance because it is also a contemporaneous slow cooker design, making it so related to Shi 069 that Shi 110 would suggest the application of its oval-shaped bowl insert to the set of two round-shaped bowls in Shi 069 to arrive at a hypothetical Shi 069-Shi 110 reference consisting of two oval-shaped bowls inserts. Moreover, the similarity in rim profile of Shi 069 and Shi 110 would further suggest the modification of Shi 069 with the oval-shaped bowl of Shi 110. Shi 110 is not cumulative because, when combined with Shi 069, the resulting hypothetical reference is more similar in overall visual appearance than the references cited during prosecution of the 731 patent.
48
Shi 069
Shi 110
Second Embodiment of 7315
Second, considering this Shi 264-Shi 110 reference, the ordinary observer would be deceived into believing that the Shi 069-Shi 110 reference is the same
Figure 10 has been altered to remove the spacing between the bowl inserts.
49
Appendix - List of Exhibits Exhibit No. Ex. 1001 Ex. 1002 Ex. 1003 Ex. 1004 Ex. 1005 Ex. 1006 Ex. 1007 Ex. 1008 Ex. 1009 Ex. 1010 Ex. 1011 Ex. 1012 Ex. 1013 Ex. 1014 Ex. 1015 Ex. 1016 Ex. 1017 Description
U.S. Design Patent No. D669,731 to Endres et al. CN 101695429 A to Shi et al. Certified English Translation of Shi 429 Chinese Design Registration CN301282889 to Shi Certified English Translation of Shi 889 Chinese Design Registration CN301383763 to Lu Certified English Translation of Lu 763 Chinese Design Registration CN301010547 to Shi Certified English Translation of Shi 547 CN 101564269 A to Shi Certified English Translation of Shi 269 CN 100577069 to Shi Certified English Translation of Shi 069 U.S. Design Patent No. D590,654 to Perkins CN 101862110 to Shi et al. Certified English Translation of Shi 110 Letter from S. Brown to E. Manzo, dated October 31, 2012, re: U.S. Design Patent No. D669,731/Sensio Inc.s Triple Oval Slow Cooker Ex. 1018 Letter from S. Brown to E. Manzo, dated February 12, 2012, re: U.S. Design Patent No. D675,864/Sensio Inc.s Triple Oval Slow Cooker Ex. 1019 Declaration of Lisa Mac Ennis, dated June 28, 2013 Ex. 1020 Complaint, Select Brands, Inc. v. Sensio Inc., 13-cv-2108 (D. Kan. filed Mar. 1, 2013)
EXHIBIT 2
Paper No. Filed: August 7, 2013 Filed on behalf of: Sensio, Inc. By: Kathleen A. Daley Elizabeth D. Ferrill FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, NW Washington, DC 20001-4413 Telephone: 202-408-4000 Facsimile: 202-408-4400 E-mail: [email protected] [email protected] UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
SENSIO INC. Petitioner v. SELECT BRANDS, INC. Patent Owner
Patent D675,864
PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. D675,864
Table of Contents Table of Authorites .................................................................................................... v I. II. III. IV. V. VI. Introduction...................................................................................................... 1 Mandatory Notices Under 37 C.F.R. 42.8 .................................................... 1 Payment of Fees Under 37 C.F.R. 42.15(a) and 42.103 ............................ 2 Grounds for Standing....................................................................................... 2 Identification of Challenge .............................................................................. 2 Background ...................................................................................................... 4
VII. Claim Construction .......................................................................................... 6 VIII. The Applicable Legal Standards...................................................................... 8 A. B. IX. Anticipation ........................................................................................... 8 Obviousness........................................................................................... 9
Detailed Explanation of Grounds for Unpatentability Under the Broadest Reasonable Construction ................................................................ 10 A. B. C. D. E. F. Ground 1: The Claim Is Anticipated Under 102(a) by Shi 429 (Ex. 1002).................................................................................... 11 Ground 2: The Claim Is Obvious Under 103(a) Over Shi 429 (Ex. 1002) ............................................................................................ 13 Ground 3: The Claim Is Anticipated Under 102(a) by Shi 889 (Ex. 1004).................................................................................... 15 Ground 4: The Claim Is Obvious Under 103(a) Over Shi 889 (Ex. 1004) ............................................................................................ 17 Ground 5: The Claim Is Anticipated Under 102(a) by Lu 763 (Ex. 1006) ............................................................................................ 18 Ground 6: The Claim Is Obvious Under 103(a) Over Lu 763 (Ex. 1006) ............................................................................................ 21 -i-
G. H. I. J. K. L. M. N. X.
Ground 7: The Claim Is Anticipated Under 102(b) by Shi 547 (Ex. 1008).................................................................................... 21 Ground 8: The Claim Is Obvious Under 103(a) Over Shi 547 (Ex. 1008) ............................................................................................ 24 Ground 9: The Claim Is Anticipated Under 102(b) by Shi 269 (Ex. 1010).................................................................................... 25 Ground 10: The Claim Is Obvious Under 103(a) Over Shi 269 (Ex. 1010).................................................................................... 27 Ground 11: The Claim Is Obvious Under 103(a) Over Shi 547 (Ex. 1008) in View of Perkins 654 (Ex. 1014) .......................... 29 Ground 12: The Claim Is Obvious Under 103(a) Over Shi 547 (Ex. 1008) in View of Shi 110 (Ex. 1015) ................................ 32 Ground 13: The Claim Is Obvious Under 103(a) Over Shi 269 (Ex. 1010) in View of Perkins 654 (Ex. 1014) .......................... 35 Ground 14: The Claim Is Obvious Under 103(a) Over Shi 269 (Ex. 1010) in View of Shi 110 (Ex. 1015) ................................ 38
Conclusion ..................................................................................................... 41
Appendix - List of Exhibits Certificate of Service
- ii -
Table of Authorities Page(s) FEDERAL CASES Apple, Inc. v. Samsung Elecs. Co., 678 F.3d 1314 (Fed. Cir. 2012) ............................................................................ 9 Contessa Food Products, Inc. v. Conagra, Inc., 282 F.3d 1370 (Fed. Cir. 2002) ............................................................................ 6 Durling v. Spectrum Furniture Co., 101 F.3d 100 (Fed. Cir. 1996) .....................................................................passim Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir. 2008) .......................................................................... 6, 8 In re Borden, 90 F.3d 1570 (Fed. Cir. 1996) .............................................................................. 9 In re Carter, 673 F.2d 1378 (C.C.P.A. 1982) .................................................................... 14, 26 In re Lamb, 286 F.2d 610 (C.C.P.A. 1961) .....................................................................passim In re Nalbandian, 661 F.2d 1214, (C.C.P.A. 1981) ........................................................................... 9 In re Rosen, 673 F.2d 388 (C.C.P.A. 1982) .............................................................................. 9 In re Stevens, 173 F.2d 1015 (C.C.P.A. 1949) .................................................................. passim International Seaway Trading Copr. v. Walgreens Corp., 589 F.3d 1233 (Fed. Cir. 2009) ...................................................................passim KSR International Co. v. Teleflex, Inc., 550 U.S. 398 (2007) ............................................................................................ 10 Titan Titan Tire Corp. v. Goodyear Tire & Rubber Co, 566 F.3d 1372 (Fed. Cir. 2009) .......................................................................... 10 - iii -
FEDERAL STATUTES 35 U.S.C. 102 .................................................................................................passim 35 U.S.C. 103 .................................................................................................passim Leahy-Smith America Invents Act Technical Corrections, Pub. L. No. 112-274, 1(d)(1), 126 Stat. 2456 (2013) ........................................ 2
FEDERAL REGULATIONS 37 C.F.R. 1.152 ....................................................................................................... 6 37 C.F.R. 1.104 ....................................................................................................... 7 37 C.F.R. 42.8 ......................................................................................................... 1 37 C.F.R. 42.15 ....................................................................................................... 2 37 C.F.R. 42.100 ..................................................................................................... 6 37 C.F.R. 42.103 ..................................................................................................... 2 37 C.F.R. 42.104 ..................................................................................................... 2
- iv -
I.
Introduction Sensio Inc. (Petitioner) requests inter partes review of the claim of U.S.
Design Patent No. D675,864 (the 864 patent) (Ex. 1021), assigned on its face to Select Brands, Inc. (Patent Owner). This Petition shows by a preponderance of the evidence that there is a reasonable likelihood that Petitioner will prevail on the 864 patent based on prior art that anticipates or makes obvious the 864 patent. The 864 patent should be found unpatentable and canceled. II. Mandatory Notices Under 37 C.F.R. 42.8 Real Party-in-Interest: Sensio Inc. is the real party-in-interest. Related Matters: The Patent Owner has sued Petitioner, alleging infringement of the 864 patent. Select Brands, Inc. v. Sensio, Inc., 13-cv-2018 KHV/GLR (D. Ka). The 864 patent claims priority to the filing date of U.S. Design Patent No. D669,731 (the 731 patent) (Ex. 1001).1 Lead and Back-Up Counsel and Service Information: Lead Counsel Kathleen A. Daley (Reg. No. 36,116) Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. 901 New York Avenue, NW Washington, DC 20001-4413 Telephone: 202-408-4098 Facsimile: 202-408-4400
1
Back-Up Counsel Elizabeth D. Ferrill (Reg. No. 58,415) Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. 901 New York Avenue, NW Washington, DC 20001-4413 Telephone: 202-408-4445 Facsimile: 202-408-4400
A petition for inter partes review has also been filed on the 731 patent.
E-mail: [email protected]; E-mail: [email protected]; [email protected] [email protected]
III.
Payment of Fees Under 37 C.F.R. 42.15(a) and 42.103 The required fees are submitted herewith. If any additional fees are due at
any time during this proceeding, the Office is authorized to charge such fees to Deposit Account No. 06-0916. IV. Grounds for Standing Petitioner certifies that, under 37 C.F.R. 42.104(a), the 864 patent is available for inter partes review, and Petitioner is not barred or estopped from requesting inter partes review of the 864 patent on the grounds identified.2 V. Identification of Challenge Pursuant to 37 C.F.R. 42.104(b), Petitioner requests inter partes review based on the following prior art that was not cited during prosecution:
Although the 864 patent issued on February 12, 2013, it is available for inter
partes review. See Leahy-Smith America Invents Act Technical Corrections, Pub. L. No. 112-274, 1(d)(1), 126 Stat. 2456 (2013).
Exhibit
Description
Ex. 1002 CN 101695429 A to Shi et al. (Shi 429) Ex. 1003 Certified English Translation of Shi 429 Ex. 1004 Chinese Design Registration CN301282889 to Shi (Shi 889) Ex. 1005 Certified English Translation of Shi 889 Ex. 1006 Chinese Design Registration CN301383763 to Lu (Lu 763) Ex. 1007 Certified English Translation of Lu 763 Ex. 1008 Chinese Design Registration CN301010547 to Shi (Shi 547) Ex. 1009 Certified English Translation of Shi 547 Ex. 1010 CN 101564269 A to Shi (Shi 269) Ex. 1011 Certified English Translation of Shi 269 Ex. 1012 Reserved Ex. 1013 Reserved Ex. 1014 U.S. Design Patent No. D590,654 to Perkins (Perkins 654), filed Dec. 8, 2008 Ex. 1015 CN 101862110 to Shi et al. (Shi 110) Ex. 1016 Certified English Translation of Shi 110
Publication/ Issue Date Apr. 21, 2010 July 14, 2010
Nov. 17, 2010
Sept. 16, 2009
Oct. 28, 2009
Apr. 21, 2009 Oct. 20, 2010
Petitioner requests inter partes review based on the following grounds: Ground 1 2 3 4 5 6 7 8 9 Description Anticipated under 102(a) by Shi 429 (Ex. 1002) Obvious under 103(a) over Shi 429 (Ex. 1002) Anticipated under 102(a) by Shi 889 (Ex. 1004) Obvious under 103(a) over Shi 889 (Ex. 1004) Anticipated under 102(a) by Lu 763 (Ex. 1006) Obvious under 103(a) over Lu 763 (Ex. 1006) Anticipated under 102(b) by Shi 547 (Ex. 1008) Obvious under 103(a) over Shi 547 (Ex. 1008) Anticipated under 102(b) by Shi 269 (Ex. 1010)
Ground 10 11 12 13 14
Description Obvious under 103(a) over Shi 269 (Ex. 1010) Obvious under 103(a) over Shi 547 (Ex. 1008) in view of Perkins 654 (Ex. 1014) Obvious under 103(a) over Shi 547 (Ex. 1008) in view of Shi 110 (Ex. 1015) Obvious under 103(a) over Shi 269 (Ex. 1010) in view of Perkins 654 (Ex. 1014) Obvious under 103(a) over Shi 269 (Ex. 1010) in view of Shi 110 (Ex. 1015)
Section VII explains how the claim should be construed and Section IX explains how each claim element is found in the prior art. VI. Background The application for the 864 patent was filed on August 8, 2012,3 and is entitled Multiple Crock Buffet Server. The application contained a single claim and seven figures and claimed priority to the then-pending U.S. Patent Application No. 29/383,204, filed on January 13, 2011. The application was allowed on October 19, 2012. At no point did applicants submit an Information Disclosure Statement. The 864 patent issued on February 12, 2013. On May 8, 2013, Applicants submitted a request for Certificate of Correction with replacement drawings figures 1 to 7, submitting that [t]he drawing sheets from the issued
Because the application for the 864 patent was filed prior to the effective date of
the America Invents Act (AIA), the pre-AIA statutes apply here.
patent all include figures and text with blurred lines that make the depicted design difficult to view. (May 8, 2013 Request for Certificate of Correction.) That same day, the PTO issued a Certificate of Correction. (Ex. 1023.) The day the 864 patent issued, as a prelude to litigation, the Patent Owner sent a letter to counsel for the Petitioner identifying the 864 patent, which the Patent Owner said is directed to a multiple crock buffet server, and asserting that the Petitioners products infringe the 864 patent. (Ex. 1018.) In that letter, the Patent Owner identified nineteen of Petitioners Bella brand slow cooker model numbers, that, according to the Patent Owner, have features that appear to be identical to those disclosed and claimed in the D864 patent. (Id.) Of the
nineteen different model numbers identified as being identical to the claimed design, seven models contain round bowl inserts in the buffet server. (Ex. 1022.) The Patent Owner subsequently filed suit against Petitioner in the U.S. District Court for the District of Kansas, alleging that the Petitioner infringes the 864 patent, and the related 731 patent, by making and selling multiple crock servers that infringe upon the designs of and embody the subject matter claimed. (Ex. 1020 at 2.) The Patent Owner included its February 12, 2012 letter (Ex. 1018) with the complaint.
VII. Claim Construction A claim subject to inter partes review receives the broadest reasonable construction in light of the specification of the patent in which it appears. 37 C.F.R. 42.100(b). The scope of the 864 patent is defined by the solid lines depicted of the replacement figures 1-7 of the patent, submitted with the Certificate of Correction, in conjunction with their descriptions. See, e.g., Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 680 (Fed. Cir. 2008) (citing 37 C.F.R. 1.152); see also Contessa Food Prods, Inc. v. Conagra, Inc., 282 F.3d 1370, 1378 (Fed. Cir. 2002). Given the recognized difficulties entailed in trying to describe a design in words, the preferable course ordinarily will be [to not] attempt to construe a design patent claim by providing a detailed verbal description of the claimed design. Egyptian Goddess, 543 F.3d at 679. But, the Federal Circuit said that it would be helpful to point out . . . various features of the claimed design as they relate to the . . . prior art. Id. at 680. According to the specification, the figures 1-7 cover a multiple crock buffet server. (864 at description of figure 1.) The specification affirmatively
disclaims: the heated server base unit housing; server control knobs; insert lids received by the bowl inserts; liners that receive the bowl inserts; outer handle surfaces of each bowl insert; and the radial groove (i.e., spoon-rest notch) of each bowl insert. (864 specification, see also figures 1-7.)
As annotated below, figures 1 to 7 (reproduced from the Certificate of Correction, Ex. 1025) depict a portion of three curved bowl-insert rims, having a particular profile: Fig. 1 (front perspective view) Fig. 3 (top view) Fig. 4 (enlarged front view)
The claimed design does not include the outer handles or the notch for resting a spoon. While the figure description refer to oval lids and oval liners, the Patent Owner, in its pre-filing letter to Petitioner, asserted that seven different models of buffet servers each having round server bowls infringe the 864 patent and have features that are identical to those disclosed and claimed in the 864 patent. (Ex. 1018.) In other words, the Patent Owner has clearly construed the 864 patent as covering slow cookers with both round and oval server bowls. This constitutes an admission by the Patent Owner regarding the scope and thus patentability of the 864 patent. The PTO can, and Petitioner submits should, use such this admission by the Patent Owner in determining patentability. See 37 C.F.R. 1.104(c)(3).
As a result, under the broadest reasonable construction, the claimed design of the 864 patent covers portions of the curved rim of three bowl inserts (not including those portions of the rim containing the outer handles or the notch), as shown above. Stated more specifically, the claim covers: (1) portions of the curved rims of three bowl inserts; and (2) rims having the profile shown below, in which the side of the rim slightly protrudes on the top (dot-dash line), with a rounded top edge (larger dashed circle) and a less rounded bottom edge (smaller dashed circle).
VIII. The Applicable Legal Standards A. Anticipation
The ordinary observer test is the sole test for determining anticipation of a design patent under 35 U.S.C. 102. Intl Seaway Trading Copr. v. Walgreens Corp., 589 F.3d 1233, 1240 (Fed. Cir. 2009). This test considers whether an ordinary observer, familiar with the prior art, would be deceived into believing
that, taken as a whole, the prior art reference and the claimed design are the same. Egyptian Goddess, 534 F.3d at 675, 681. B. Obviousness
In the design patent context, the ultimate inquiry under section 103 is whether the claimed design would have been obvious to a designer of ordinary skill who designs articles of the type involved. Durling v. Spectrum Furniture Co., 101 F.3d 100, 103 (Fed. Cir. 1996) (citing In re Rosen, 673 F.2d 388, 390 (C.C.P.A. 1982)); see also Apple, Inc. v. Samsung Elecs. Co., 678 F.3d 1314, 1329 (Fed. Cir. 2012). This inquiry focuses on the visual impression of the claimed design as a whole and not on selected individual features. In re Borden, 90 F.3d 1570, 1574 (Fed. Cir. 1996). In this case, the designer of ordinary skill would be someone with background and training in the design of small kitchen appliances, who is presumed to have knowledge of the prior art slow cookers. See In re Nalbandian, 661 F.2d 1214, 1215-16 (C.C.P.A. 1981). Next, the Federal Circuit uses a two-step obviousness determination process for design patents. See Apple, 678 F.3d at 1329-31. First, one must find a single reference, a something in existence, the design characteristics of which are basically the same as the claimed design. Durling, 101 F.3d at 103. Second, other references may be used to modify [the primary reference] to create a design that has the same overall visual appearance as the claimed design. Id. The
secondary references may be used to modify the primary reference if the two are so related to the primary reference that the appearance of certain ornamental features in one would suggest that application of those features to the other. Borden, 90 F.3d at 1575. The hypothetical reference, created through the combination of the primary and secondary references, and the claimed design are then analyzed using the ordinary observer test. Intl Seaway, 589 F.3d at 1241. The touchstone is the similarity of overall appearance; small differences are inconsequential. [T]he mere fact that there are differences over the prior art structures is not alone sufficient to justify a holding that the design is patentable. In re Lamb, 286 F.2d 610, 611 (C.C.P.A. 1961); see also KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 401 (2007) (stating that a combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results); Titan Titan Tire Corp. v. Goodyear Tire & Rubber Co, 566 F.3d 1372, 1385 (Fed. Cir. 2009) (stating that it is not obvious that the Supreme Court necessarily intended to exclude design patents from the reach of KSR). IX. Detailed Explanation of Grounds for Unpatentability Under the Broadest Reasonable Construction This Petition explains that the 864 patent is invalid on multiple grounds. The references presented by Petitioner provide visual disclosures that were not considered by the Office during prosecution. The references and grounds are also 10
not cumulative to each other given the different disclosures of the references. A reasonable examiner would consider these references to be important in deciding whether the claims are patentable, and this Petition demonstrates a reasonable likelihood that the Petitioner will prevail. A. Ground 1: The Claim Is Anticipated Under 102(a) by Shi 429 (Ex. 1002)
Shi 429 discloses the same overall visual impression as the claimed design, and, as result, the claim is anticipated by Shi 429 under 35 U.S.C. 102(a). (Ex. 1002 at 6-8.) Shi 429 is a Chinese utility patent application, filed on October 10, 2009 and published on April 21, 2010, prior to the priority date of the 864 patent. (Ex. 1003 at 1.) Therefore, Shi 429 is a prior art printed publication under 35 U.S.C. 102(a). Shi 429 has virtually an identical overall visual appearance to the 864 patent:
11
Shi 429
864
As shown below, Shi 429 discloses the same three curved rims and the same rim profile as the claim:
12
Shi 429 with Figure 3 of the 864 Patent Overlaid (in white) When considered in the context of the ordinary observer test, an ordinary observer familiar with the relevant prior art (see, e.g., Exs. 1002-1015) would be deceived into believing that, taken as a whole, Shi 429 is the same as the claimed design. Thus, the claim is anticipated under 35 U.S.C. 102(a) and the Petitioner has established a reasonable likelihood that it will prevail on this ground of rejection. B. Ground 2: The Claim Is Obvious Under 103(a) Over Shi 429 (Ex. 1002)
In the alternative, Shi 429 discloses the same overall visual impression as the claimed design and, in view of the common knowledge of a designer having ordinary skill in the art, any differences are de minimus and not sufficient to justify a finding that the design is patentable. As a result, the claim is obvious under 35
13
U.S.C. 103(a) over Shi 429. Shi 429 is a suitable primary reference, because Shi 429 discloses a slow cooker with basically the same design characteristics as the claimed design. Durling, 101 F.3d at 103. Indeed, Shi 429 is so similar to the claimed design, that no secondary reference is necessary. To the extent that there are viewed to be any disclosure not plainly evident from Shi 429 (e.g., incomplete side view of figure 2 or any minor differences in proportion of the curved rims), Shi 429 readily suggests to these minor alterations to one of ordinary skill to arrive at a hypothetical reference. See In re Carter, 673 F.2d 1378, 1380 (C.C.P.A. 1982); see also In re Stevens, 173 F.2d 1015, 1015-16 (C.C.P.A. 1949) (obvious changes in . . . proportioning involve ordinary skill only). Finally, considering this hypothetical Shi 429 reference, the ordinary observer would be deceived into believing that the hypothetical Shi 429 is the same as the claimed design. Intl Seaway, 589 F.3d at 1240-41. Application of such ordinary skill does not make the claimed design patentable over Shi 429. Stevens, 173 F.2d at 1015-16. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 429, and the Petitioner has established a reasonable likelihood that it will prevail on this ground of rejection.
14
C.
Ground 3: The Claim Is Anticipated Under 102(a) by Shi 889 (Ex. 1004)
Shi 889 discloses the same overall visual impression as the claimed design, and, as a result, the claim is anticipated by Shi 889 under 35 U.S.C. 102(a). (Ex. 1003.) Shi 889 is a Chinese design registration, filed on October 10, 2009 and published on July 14, 2010, prior to the priority date of the 864 patent. (Ex. 1004 at 1.) Therefore, Shi 889 is a prior art printed publication under 35 U.S.C. 102(a). Shi 889 appears to be the companion design registration to Shi 429 (Ex. 1002). Although similar to Shi 429, because Shi 889 discloses all six views of the design, it is not cumulative of Shi 429. Shi 889 has virtually an identical overall visual appearance to the 864 patent:
15
Shi 889
864
As shown below, Shi 889 discloses the same portions of three curved rims and the same rim profile as the claimed design:
Shi 889 (in gray) with Figure 3 of the 864 Patent Overlaid (in black) 16
When considered in the context of the ordinary observer test, an ordinary observer familiar with the relevant prior art (see, e.g., Exs. 1002-1015), would be deceived into believing that, taken as a whole, Shi 889 is the claimed design. Indeed, even minor variations between the claimed design and Shi 889 does not preclude a finding of anticipation because these variations, if any, do not change the overall visual impression of the products at issue. Intl Seaway, 589 F.3d at 1243. Thus, the claim is anticipated under 35 U.S.C. 102(a), and the Petitioner has established a reasonable likelihood that it will prevail on this ground of rejection. D. Ground 4: The Claim Is Obvious Under 103(a) Over Shi 889 (Ex. 1004)
To the extent that any minor differences are alleged between Shi 889 and the claimed design defeating anticipation under 102(a), Shi 889 discloses the same overall visual impression as the claim and in view of the common knowledge of a designer having ordinary skill in the art, any differences are de minimus and not sufficient to justify a finding that the design is patentable under 103(a). Shi 889 is a suitable primary reference, because Shi 889 discloses a slow cooker with basically the same design characteristics as the claimed design. Durling, 101 F.3d at 103. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 889, and the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. 17
E.
Ground 5: The Claim Is Anticipated Under 102(a) by Lu 763 (Ex. 1006)
Lu 763 discloses the same overall visual impression as the claimed design and, as result, the claim is anticipated by Lu 763 under 35 U.S.C. 102(a). (Ex. 1006.) Lu 763 is a Chinese design registration, filed on June 23, 2010 and published on November 17, 2010, prior to the priority date of the 864 patent. (Ex. 1007 at 1.) Therefore, Lu 763 is a prior art printed publication under 35 U.S.C. 102(a). Because the disclosure of Lu 763 is not the same as the other references cited herein, it is not cumulative. Focusing on portions of the design claimed in the 864 patent, Lu 763 has virtually an identical overall visual appearance:
18
Lu 763
864
Lu 763 has a similar thick rim profile with rounded edges to the claimed design. As shown below, Lu 763 also discloses the same portions of the three curved rims as the claimed design:
19
Lu 763 (in gray) with Figure 3 of the 864 Patent Overlaid (in black) When considered in the context of the ordinary observer test, an ordinary observer familiar with the relevant prior art (see, e.g., Exs. 1002-1016), would be deceived into believing that, taken as a whole, Lu 763 is the same as the claimed design. Even minor variations between the claimed design and Lu 763 does not preclude a finding of anticipation because these variations, if any, do not change the overall visual impression of the products at issue. Intl Seaway, 589 F.3d at 1243. Thus, the claim is anticipated under 35 U.S.C. 102(a) and the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection.
20
F.
Ground 6: The Claim Is Obvious Under 103(a) Over Lu 763 (Ex. 1006)
To the extent that any minor differences are alleged between Lu 763 and the claimed design defeating anticipation under 102(a), Lu 763 discloses the same overall visual impression as the claim and, in view of the common knowledge of a designer having ordinary skill in the art, any differences are de minimus and not sufficient to justify a finding that the design is patentable under 103(a). Lu 763 is a suitable primary reference, because Lu 763 discloses a slow cooker with basically the same design characteristics as the claimed design. Durling, 101 F.3d at 103. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Lu 763 and, the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. G. Ground 7: The Claim Is Anticipated Under 102(b) by Shi 547 (Ex. 1008)
Shi 547 discloses the same overall visual impression as the claimed design and, as result, the claim is anticipated by Shi 547 under 35 U.S.C. 102(b). (Ex. 1008.) Shi 547 is a Chinese design registration, filed on May 7, 2008 and published on September 16, 2009, more than a year before the priority date of the 864 patent. (Ex. 1009 at 1.) Therefore, Shi 547 is a prior art printed publication under 35 U.S.C. 102(b). Because the disclosure of Shi 547 is not the same as the other references cited herein, it is not cumulative.
21
As discussed above, in a February 12, 2013 letter to the Petitioner asserting infringement, the Patent Owner alleged that seven different slow cooker models, all with round serving bowls, appear to be identical to the slow cooker products disclosed and claimed in the D864 patent. (Ex. 1018.) Over three months earlier, the Patent Owner had made the same infringement allegations, asserting that seven different slow cooker models with round serving bowls have features appear to be identical to those disclosed and claimed in the D731. (Ex. 1017.) To make such an such infringement allegation, the Patent Owners position had to be that an ordinary observer observing a buffet server with round serving bowls would be deceived into thinking that it was the same as the patented design. Presumably the Patent Owner gave the accused designs more attention than an ordinary observer when saying that they are identical to and infringe the 864 patent. The PTO should not ignore this admission by the Patent Owner that the 864 patent covers buffet servers with curved server bowls, including round bowls, and that an ordinary observer would be deceived into thinking that a buffet server with round server bowls is the same as the claimed design. Focusing on portions of the design claimed of the 864 patent, and as confirmed by the Patent Owners admission, Shi 547 has virtually an identical overall visual appearance:
22
Shi 547
864
Shi 547 also discloses a very similar rim profile with rounded edges as the 864 patent. Further, Shi 547 discloses the same portions of the three curved rims:
Shi 547 (in gray) with Figure 3 of the 864 Patent Overlaid (in black) When considered in the context of the ordinary observer test, it is clear that an ordinary observer familiar with the relevant prior art (see, e.g., Exs. 1002-1015), 23
would be deceived into believing that, taken as a whole, Shi 547 is the same as the claimed design. Minor variations between the claimed design and Shi 547 does not preclude a finding of anticipation because these variations, if any, do not change the overall visual impression of the products at issue. Intl Seaway, 589 F.3d at 1243. And, as discussed above, the Patent Owners infringement
allegations amount to an admission that an ordinary observer would be deceived if there are variations in between the claimed design and a buffet server with round bowls. Thus, the claim is anticipated under 35 U.S.C. 102(b), and the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. H. Ground 8: The Claim Is Obvious Under 103(a) Over Shi 547 (Ex. 1008)
To the extent that any minor differences are alleged between Shi 547 and the claimed design defeating anticipation under 102(a), Shi 547 discloses the same overall visual impression as the claimed design and in view of the common knowledge of a designer having ordinary skill in the art, any differences are de minimus and not sufficient to justify a finding that the design is patentable under 103(a). Indeed, the Patent Owners assertion that a similar buffet server with
round serving bowl is identical to the claimed design and infringes the claimed design, shows that any differences are de minimus. Shi 547 is a suitable primary reference, because Shi 547 discloses a slow cooker with basically the same 24
design characteristics as the claimed design. Durling, 101 F.3d at 103. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 547, and the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. I. Ground 9: The Claim Is Anticipated Under 102(b) by Shi 269 (Ex. 1010)
Shi 269 discloses the same overall visual impression as the claimed design and, as result, the claim is anticipated by Shi 269 under 35 U.S.C. 102(b). (Ex. 1010 at 6-7.) Shi 269 is a public disclosure of a Chinese patent application, filed on May 7, 2009 and published on October 28, 2009, more than one year prior to the priority date of the 864 patent. (Ex. 1011 at 1.) Therefore, Shi 269 is a prior art printed publication under 35 U.S.C. 102(b). Because the disclosure of Shi 269 is not the same as the other references cited herein, it is not cumulative. As confirmed by the Patent Owners admission that the claimed design covers curved server bowls (both oval and round), Shi 269 has virtually an identical overall visual appearance as the 864 patent, as shown in the annotated figures:
25
Shi 269
864
Shi 269 discloses the same portions of the three curved rims as the claimed design and has a thick rim profile with a rounded edges, wherein the upper rim extends protrudes slightly.
26
Shi 269 with Figure 3 of the 864 Patent Overlaid (in black) When considered in the context of the ordinary observer test, it is clear that an ordinary observer familiar with the relevant prior art (see, e.g., Exs. 1002-1015), would be deceived into believing that, taken as a whole, Shi 269 is the same as the claimed design. Indeed, as discussed above, the Patent Owners infringement allegations amount to an admission that an ordinary observer would be deceived if there are variations between the claimed design and a buffet server with round bowls. Thus, the claim is anticipated by Shi 269 under 35 U.S.C. 102(b), and the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. J. Ground 10: The Claim Is Obvious Under 103(a) Over Shi 269 (Ex. 1010)
In the alternative, Shi 269 discloses the same overall visual impression as the claimed design and in view of the common knowledge of a designer having ordinary skill in the art, any differences are de minimus and not sufficient to justify 27
a finding that the design is patentable. Indeed, the Patent Owners assertion that a similar buffet server with round serving bowl is identical to the claimed design and infringes the claimed design, shows that any differences are de minimus. As a result, the claim is invalid as obvious under 35 U.S.C. 103(a) over Shi 269. Shi 269 is a suitable primary reference, because Shi 269 discloses a slow cooker with basically the same design characteristics as the claimed design, under its broadest reasonable construction. Durling, 101 F.3d at 103. Indeed, Shi 269 is so similar to the claimed design, that no secondary reference is necessary. To the extent that there are viewed to be any disclosure not plainly evident from Shi 269 (e.g., incomplete views in figures 2 and 3 or any minor differences in proportion of portions of the curved rims), Shi 269 readily suggests to these minor alternations to one of ordinary skill to arrive at a hypothetical reference. See Carter, 673 F.2d at 1380; see also Stevens, 173 F.2d at 1015-16. Finally,
considering this hypothetical Shi 269 reference, the ordinary observer would be deceived into believing that the hypothetical Shi 269 is the same as the claimed design. Intl Seaway, 589 F.3d at 1240-41. Application of such ordinary skill
does not make the claimed design patentable over Shi 269. Stevens, 173 F.2d at 1015-1016. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 269, and the Petitioner has established a reasonable likelihood that it will prevail on this
28
proposed ground of rejection. K. Ground 11: The Claim Is Obvious Under 103(a) Over Shi 547 (Ex. 1008) in View of Perkins 654 (Ex. 1014)
Shi 547 in view of Perkins 654 discloses the same overall visual impression as the claimed design. Any differences are de minimus and not
sufficient to justify a finding that the design is patentable. As a result, the claim is invalid as obvious under 35 U.S.C. 103(a) over Shi 547 in view of Perkins 654. As explained in Section IX.G, Shi 547 is prior art printed publication under 35 U.S.C. 102(b). Perkins 654 is a U.S. Design Patent, filed on Dec. 8, 2009 and published on Apr. 21, 2009, more than one year prior to the prioity date of the 864 patent. (Ex. 1014 at 1.) Therefore, Perkins 654 is also a prior art printed publication under 35 U.S.C. 102(b). Shi 547 is a suitable primary reference, because it discloses a slow cooker with basically the same design characteristics as the claimed design, under its broadest reasonable construction. Durling, 101 F.3d at 103. Although Petitioner argues that Shi 547 needs no secondary reference, if one is necessary, then Perkins 654 can be used to modify Shi 547 to create a design possessing the same overall visual appearance as the claimed design. Id. Perkins 654 is an appropriate secondary reference in this instance because it is also a contemporaneous slow cooker design, making it so related to Shi 547 that Perkins 654 would suggest the application of its oval-shaped bowl rims to the set of three round-shaped rims 29
in Shi 547 to arrive at a hypothetical Shi 547-Perkins 654 reference consisting of three oval-shaped bowl inserts. Moreover, the similarity in rim profile of Shi 547 and Perkins 654 would further suggest the modification of Shi 547 with the ovalshaped rim of Perkins 654. Perkins 654 is not cumulative because, when
combined with Shi 547, the disclosure of the resulting hypothetical reference is not the same as any other reference cited herein.
30
Shi 547
Perkins 654
864
Second, considering this Shi 547-Perkins 654 reference, the ordinary observer would be deceived into believing that the Shi 547-Perkins 654 is the same as the claimed design. Intl Seaway, 589 F.3d at 1240-41. Any remaining small differences between the Shi 547-Perkins 654 reference and the claimed design are inconsequential and not sufficient to justify a holding that the claimed
31
design is patentable. Lamb, 286 F.2d at 611. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 547 in view of Perkins 654, and the Petitioner has established that there is a reasonable likelihood that it will prevail on this proposed ground of rejection. L. Ground 12: The Claim Is Obvious Under 103(a) Over Shi 547 (Ex. 1008) in View of Shi 110 (Ex. 1015)
Shi 547 in view of Shi 110 discloses the same overall visual impression as the claimed design. Any differences are de minimus and not sufficient to justify a finding that the design is patentable. As a result, the claim is obvious under 35
U.S.C. 103(a) over Shi 547 in view of Shi 110. As explained in Section IX.H., Shi 547 is prior art printed publication under 35 U.S.C. 102(b). Shi 110 is a Chinese invention patent application, filed on January 28, 1010 and published on October 20, 2010, before the priority date of the 864 patent. (Ex. 1015 at 1.) Therefore, Shi 110 is also prior art printed
publication under 35 U.S.C. 102(a). Shi 547 is a suitable primary reference, because Shi 547 discloses a slow cooker with basically the same design characteristics as the claimed design, under its broadest reasonable construction. Durling, 101 F.3d at 103. Although Petitioner argues that Shi 547 needs no secondary reference, if one is necessary, then Shi 110 can be used to modify Shi 547 to create a design possessing the same overall visual appearance as the claimed design. 32 Id. Shi 110 is an
appropriate secondary reference in this instance because it is also a contemporaneous slow cooker design, making it so related to Shi 547 that Shi 110 would suggest the application of its oval-shaped bowl insert to the set of three round-shaped bowls in Shi 547 to arrive at a hypothetical Shi 547-Shi 110 reference consisting of three oval-shaped bowl inserts. Moreover, the similarity in rim profile of Shi 547 and Shi 110 would further suggest the modification of Shi 547 with the oval-shaped bowl of Shi 110. The resulting hypothetical reference is not culmulative because it is not the same as any other reference cited herein.
33
Shi 547
Shi 110
864
34
differences between the Shi 547-Shi 110 reference and the claimed design are inconsequential and not sufficient to justify a holding that the claimed design is patentable. Lamb, 286 F.2d at 611. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 547 in view of Shi 110, and the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. M. Ground 13: The Claim Is Obvious Under 103(a) Over Shi 269 (Ex. 1010) in View of Perkins 654 (Ex. 1014)
Shi 269 in view of Perkins 654 discloses the same overall visual impression as the claimed design. Any differences are de minimus and not
sufficient to justify a finding that the design is patentable. As a result, the claim is obvious under 35 U.S.C. 103(a) over Shi 269 in view of Perkins 654. As explained in Sections IX.I. and IX.K., Shi 269 and Perkins 654 are a prior art printed publication under 35 U.S.C. 102(b). Shi 269 is a suitable primary reference, because Shi 269 discloses a slow cooker with basically the same design characteristics as the claimed design, under its broadest reasonable construction. Durling, 101 F.3d at 103. Although Petitioner argues that Shi 269 needs no secondary reference, if one is necessary, 35
then Perkins 654 can be used to modify Shi 269 to create a design possessing the same overall visual appearance as the claimed design. Id. Perkins 654 is an appropriate secondary reference in this instance because it is also a contemporaneous slow cooker design, making it so related to Shi 269 that Perkins 654 would suggest the application of its oval-shaped rim to the set of three round-shaped bowls in Shi 269 to arrive at a hypothetical Shi 269-Perkins 654 reference consisting of three oval-shaped bowls inserts. Moreover, the
similarity in rim profile of Shi 269 and Perkins 654 would further suggest the modification of Shi 269 with the oval-shaped rim of Perkins 654. The Shi 269Perkins654 reference is not cumulative because the disclosure of the hypothetical reference is not the same as other references cited herein.
36
Shi 269
Perkins 654
864
Second, considering this Shi 269-Perkins 654 reference, the ordinary observer would be deceived into believing that the Shi 269-Perkins 654 is the same as the claimed design. Intl Seaway, 589 F.3d at 1240-41. Any remaining 37
small differences between the Shi 269-Perkins 654 reference and the claimed design are inconsequential and not sufficient to justify a holding that the claimed design is patentable. Lamb, 286 F.2d at 611. Thus, the claim is obvious under 35 U.S.C. 103(a) based on Shi 269 in view of Perkins 654, and the Petitioner has established a reasonable likelihood that it will prevail on this proposed ground of rejection. N. Ground 14: The Claim Is Obvious Under 103(a) Over Shi 269 (Ex. 1010) in View of Shi 110 (Ex. 1015)
Shi 269 in view of Shi 110 discloses the same overall visual impression as the claimed design. Any differences are de minimus and not sufficient to justify a finding that the design is patentable. As a result, the claim is obvious under 35 U.S.C. 103(a) over Shi 269 in view of Shi 110. As explained in Sections IX.I. and IX.L., Shi 269 is a prior art printed publication under 35 U.S.C. 102(b) and Shi 110 is prior art printed publication under 35 U.S.C. 102(a). Shi 269 is a suitable primary reference, because Shi 269 discloses a slow cooker with basically the same design characteristics as the claimed design, under its broadest reasonable construction. Durling, 101 F.3d at 103. Although Petitioner argues that Shi 269 needs no secondary reference, if one is necessary, then Shi 110 can be used to modify Shi 269 to create a design possessing the same overall visual appearance as the claimed design. Id. Shi 110 is an
appropriate secondary reference in this instance because it is also a 38
contemporaneous slow cooker design, making it so related to Shi 269 that Shi 110 would suggest the application of its oval-shaped bowl insert to the set of three round-shaped bowls in Shi 269 to arrive at a hypothetical Shi 269-Shi 110 reference consisting of three oval-shaped bowl inserts. Moreover, the similarity in rim profile of Shi 269 and Shi 110 would further suggest the modification of Shi 269 with the oval-shaped bowl of Shi 110. The resulting hypothetical reference is not culmulative because it is not the same as any other reference cited herein.
39
Shi 269
Shi 110
864
40
Appendix - List of Exhibits Exhibit No. Ex. 1001 Ex. 1002 Ex. 1003 Ex. 1004 Ex. 1005 Ex. 1006 Ex. 1007 Ex. 1008 Ex. 1009 Ex. 1010 Ex. 1011 Ex. 1012 Ex. 1013 Ex. 1014 Ex. 1015 Ex. 1016 Ex. 1017 Ex. 1018 Ex. 1019 Ex. 1020 Ex. 1021 Ex. 1022 Ex. 1023 Description U.S. Design Patent No. D669,731 to Endres et al. CN 101695429 A to Shi et al. Certified English Translation of Shi 429 Chinese Design Registration CN301282889 to Shi Certified English Translation of Shi 889 Chinese Design Registration CN301383763 to Lu Certified English Translation of Lu 763 Chinese Design Registration CN301010547 to Shi Certified English Translation of Shi 547 CN 101564269 A to Shi Certified English Translation of Shi 269 Reserved Reserved U.S. Design Patent No. D590,654 to Perkins CN 101862110 to Shi et al. Certified English Translation of Shi 110 Letter from S. Brown to E. Manzo, dated October 31, 2012, re: U.S. Design Patent No. D669,731/Sensio Inc.s Triple Oval Slow Cooker Letter from S. Brown to E. Manzo, dated February 12, 2012, re: U.S. Design Patent No. D675,864/Sensio Inc.s Triple Oval Slow Cooker Reserved Complaint, Select Brands, Inc. v. Sensio Inc., 13-cv-2108 (D. Kan. filed Mar. 1, 2013) U.S. Design Patent No. D675,864 to Endres et al. Declaration of Lisa Mac Ennis, dated June 28, 2013 Certificate of Correction for D675,864
EXHIBIT 3
Sensio Inc. Exhibit 1001
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[0027] l09' ;2 771
3,.71OFF
[0028]

CN 101695429 A

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CN 101695429 A

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CN 101695429 A

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CHINESE INVENTION PATENT APPLICATION

CN 101695429 A (2010)
(19) National Intellectual Property Bureau, Peoples Republic of China (12) Chinese Invention Patent Application (10) Publication No. [43] Publication Date (21) Application No. (22) Date of filing (71) Applicant Address CN 101695429 A April 21, 2010 200910153461.1 October 10, 2009 SHI Junda Miaohou Village, Lubu Town Yuyao City, Zhejiang 315420, China (72) Inventor (74) Patent Agency SHI Junda and ZHANG Huaping Tiansheng Intellectual Property Agency Co., Ltd. Ningbo City 33219, China Agent (51) Int. Cl. A 47 J 27/12 (2006.01) ZHANG Wenzhong
Claims : 1 page
Specification : 3 pages
Attached Drawings : 3 pages
______________________________________________________________________________
(54)
Title of the Invention MULTIPOSITION SLOW COOKER

1
(57)
Abstract
The present invention discloses a multiposition slow cooker wherein an upper cover, a
casing and a lower cover are included, the upper cover is provided with three cooker holes standing side by side in a straight line and passing through the inner cavity of the casing, each cooker hole is nested with a heating inner container, the heating inner container is nested with a pottery inner container, a lid is provided above the pottery inner container, a lower ring fringe is provided with an upper buckling edge, and the upper buckling edge and the casing upper ring fringe are connected by buckling; an upper ring fringe of the lower cover is provided with a lower buckling edge, and the lower buckling edge and the lower ring fringe of casing are connected by buckling; the lateral surface of the casing is fitted with three turn-switches standing side by side in a straight line, each turn-switch corresponds to the heating inner container one to one and independently controls heating operation of each heating inner container; cooking diversity can be realized by installing three pottery inner containers standing side by side; the upper and lower covers are plastic shells having a beautiful and dignified external shape and a low surface temperature; cooker lids are made of die casting tempered glass, they are safe and not easy to break; an operating panel has a switch-knob structure and is simply operated; Left and right handles and a base are integrated, and they are sturdy and durable.
Claims
1. A multiposition slow cooker, wherein an upper cover 1, a casing 2 and a lower cover 3
are included, the upper cover 1 is provided with three cooker holes 11 standing side by side in a straight line and passing through the inner cavity of casing 2, each cooker hole 11 is nested with a heating inner container 4, the heating inner container 4 is nested with a pottery inner container 5, and a lid 6 is provided above the pottery inner container 5 characterized by the fact that a lower ring fringe of upper cover 1 is provided with an upper buckling edge 1a, and the upper buckling edge 1a and an upper ring fringe of the casing 2 are connected by buckling; an upper ring fringe of the lower cover 3 is provided with a lower buckling edge 3a, and the lower buckling edge 3a and the lower ring fringe of the casing 2 are connected by buckling; the upper part of each cooker hole 11 is provided with a buckling turnup 11a, the upper part of outer ring of the heating inner container 4 is covered with a heat insulation circle 41, the heat insulation circle 41 and the buckling turnup 11a form a set and control seal fitting between the heating inner container 4 and the cooker hole 11 of upper cover 1; three turn-switches 7 standing side by side in a straight line are arranged at the lateral surface of casing 2, each turn-switch 7 corresponds to the heating inner container 4 one to one and independently controls heating operation of the heating inner container 4. 2. The multiposition slow cooker according to Claim 1, characterized by the fact that at least six wedge-shaped upper clamping plates 1b are provided on the inner wall of lower ring fringe of the upper cover 1, an upper wedge-shaped spacing groove is formed between the upper clamping plate 1b and the lower ring fringe of the upper cover 1, the upper wedge-shaped spacing groove and the upper ring fringe of the casing 2 are buckled and closely connected. 3. The multiposition slow cooker according to Claim 1, characterized by the fact that at least six wedge-shaped upper clamping plates 3b are provided on the inner wall of upper ring fringe of the lower cover 3, a lower wedge-shaped spacing groove is formed between the upper clamping plate 3b and the upper ring fringe of the lower cover 3, the lower wedge-shaped spacing groove and the lower ring fringe of the casing 2 are buckled and closely connected. 4. The multiposition slow cooker according to Claim 2 or 3, characterized by the fact that both the upper cover 1 and lower cover 3 are made of a plastic material, the both end sides of the upper cover 1 and lower cover 3 are provided with a semicircular arc surface; correspondingly, the both end sides of the casing 2 are also provided with a semicircular arc
surface. 5. The multiposition slow cooker according to Claim 4, characterized by the fact that the at least four support rubber feet 31 are provided at the bottom of the lower cover 3, and the support rubber feet 31 are square blocks; upward concave handles 32 are provided on the both sides of semicircular arc surface of the lower cover 3; the handles 32 and the lower cover 3 are formed into an integral structure; at least one heating ring 42 is covered at the periphery of all the heating inner containers 4, and each heating ring and a corresponding turn-switch 7 forms a set. 6. The multiposition slow cooker according to Claim 5, characterized by the fact that the heating ring 42 covered at the periphery of each heating inner container 4 is one and is located under the heating inner container 4; control positions of the turn-switch 7 are provided at HIGH, LOW, KEEP WARM and OFF levels, the outside of the turn-switch 7 is fitted with a knob 71, and the knob 71 controls rotation operation of the turn-switch 7. 7. The multiposition slow cooker according to Claim 1, characterized by the fact that the lid 6 is a die casting tempered glass structure, and the fringe of each lid 6 is held by a fringe protector 61; the fringe protector 61 is made of a stainless steel material; a handle 8 is fitted at the middle top surface of the lid 6, a handle cap 81 is padded between the handle 8 and the lid 6.
SPECIFICATION Multiposition Slow Cooker

Technical field
[0001] The present invention relates to a technical field of electric cooker, and particularly to a multiposition slow cooker.
Background art
[0002] Unit cookers are commonly used in people's daily life. The unit cookers are generally suitable for household uses because of their single variety of cooking and lower effect. With
continuous development and expansion of dining and drinking circles in the society, rapidness and use efficiency of large capacity are required; therefore, the unit cookers are not suitable in the dining and drinking circles. There are also multiposition cooking tools in the society, for instance, a Chinese patent " Multiposition Electric Combined Cooker Set" (Patent No. 98202860, Annoucement No. CN 2323707Y) is one of these designs. It comprises a body frame, an external wrapping, a heater, a temperature controller, a bottom heat insulating layer and cooking utensils. The body frame is divided into four or more cooking areas, notches are opened in a crossing position at the bottom of body frame, a plug box is placed between the notches, the heater and temperature controller are fixed at the center of each cooking area, a control switch of each temperature controller is disposed on a peripheral ring of the body frame of each cooking area, and cookware is metal pot, iron plate, ceramic platform, steamer tray, earthenware pot, set utensils. Although this design has multipositional function of cookers, when a sub-control electric system disposed in each area is used, operations are troublesome, and the mainframe structure is complicated, thus daily maintenance and repair are not easy. [0003] Moreover, there is an integrated multiposition cooker in which heat of adopted heating plate and heating wires are directly transferred. The upper flat surface of the heating plate is directly exposed under the bottom of cooker, the flat surface tends to be affected by the moisture of cooker bottom to vary the temperature of heating plate, which increases the heating unbalance of the cooker, that is, causes the existence of one-side heating phenomenon. This will reduce the service life of heating plates, then affect the heating rate of cooker and result in lowering of use efficiency; therefore, many deficiencies exist in this cooker as well.
Contents of the invention

[0004] A technical problem to be solved by the present invention is to provide a multiposition slow cooker which is sturdy and durable, is simply operated, has a lower surface temperature, is not easy to scald hands and is safely used, can realize diverse cooking and save energy. [0005] A technical means adopted to solve the above technical problem is a multiposition slow cooker wherein an upper cover, a casing and a lower cover are included, the upper cover is provided with three cooker holes standing side by side in a straight line and passing through the inner cavity of casing, each cooker hole is nested with a heating inner
container, the heating inner container is nested with a pottery inner container, and a lid is provided above the pottery inner container, characterized by the fact that: a lower ring fringe of the upper cover is provided with an upper buckling edge, and the upper buckling edge and an upper ring fringe of the casing are connected by buckling; an upper ring fringe of the lower cover is provided with a lower buckling edge, and the lower buckling edge and the lower ring fringe of the casing are connected by buckling; the upper part of each cooker hole is provided with a buckling turnup, the upper part of outer ring of heating inner container is covered with a heat insulation ring, the heat insulation ring and the buckling turnup form a set, and control seal fitting between the heating inner container and the cooker hole of upper cover; three turn-switches standing side by side in a straight line are arranged at the lateral surface, each turn-switch corresponds to the heating inner container one to one and independently controls heating operation of each heating inner container. [0006] Adopted measures also include: [0007] At least six wedge-shaped upper clamping plates provided on the inner wall of the lower ring fringe of the above upper cover, an upper wedge-shaped spacing groove is formed between the upper clamping plates and the inner wall of the lower ring fringe of the above upper cover, the upper wedge-shaped spacing groove and the upper ring fringe of the above casing are buckled and closely connected. [0008] At least six wedge-shaped lower clamping plates provided on the inner wall of the upper ring fringe of the above lower cover, a lower wedge-shaped spacing groove is formed between the lower clamping plates and the lower ring fringe of the casing, the lower wedge-shaped spacing groove and the lower ring fringe of the above casing are buckled and closely connected. [0009] The above upper cover and lower cover are made of a plastic material, both end sides of the upper cover and lower cover are provided with a semicircular arc surface; correspondingly, both end sides of the above casing are also provided with a semicircular arc surface. [0010] The bottom of the above lower cover is fitted with at least four support rubber feet, and the support rubber feet are square blocks; both sides of the semicircular arc surface are provided with upward concave handles, the handles and the lower cover form an integral structure; the periphery of the above heating inner container is covered with at least one heating ring, and the heating ring and a turn-switch forms a set. [0011] The heating ring covering the periphery of any above heating inner container is one and is
located under the heating inner container; the control levels of the above turn-switch are set to be HIGH, LOW, KEEP WARM and OFF, a knob is fitted outside the turn-switch, and the knob controls the operation of the turn-switch. The above lid has a die casting tempered glass structure, and the fringe of the lid is covered with a fringe protector; the above fringe protector is made of a stainless steel material; a handle is arranged at the middle top of the above lid, and a handle cap is padded between the handle and the lid. [0012] As compared to the existing technique, the present invention comprises an upper cover, a casing and a lower cover, the upper cover is provided with three cooker holes standing side by side in a straight line and passing through the inner cavity of the casing, each cooker hole is nested with a heating inner container, the heating inner container is nested with a pottery inner container, a lid is provided above the pottery inner container, a lower ring fringe of the upper cover is provided with an upper buckling edge, and the upper buckling edge and the casing upper ring edge are connected by buckling; an upper ring edge of the lower cover is provided with a lower buckling edge, and the lower buckling edge and the lower ring fringe of casing are connected by buckling; the upper part of each cooker hole is provided with a buckling turnup, the upper part of outer ring of the heating inner container is covered with a heat insulation ring, the heat insulation ring and the buckling turnup form a set and controls seal fitting between heating inner container and cooker hole of the upper cover; three turn-switches standing side by side in a straight line are arranged at the lateral surface of the casing, each turn-switch corresponds to the heating inner container one to one and independently controls heating operation of each heating inner container. Advantages of the present invention consist in that diversity of cooking can be realized by installing three pottery inner containers standing side by side, and energy can be saved by selecting the quantity of cooking according to the number of persons; the upper and lower covers are plastic shells, have beautiful and dignified appearance and a lower surface temperature, thus they are not easy to scald hands; the lids are made of a die casting tempered glass, safely used and are not easy to break, and have linear stripes and a novel style; the operating panel has a switch-knob structure, it is simply operated, and the cooking time can be manually controlled; the left and right handles are integrated with a base, they are sturdy and durable, has comfortable touch and not easy to slip down because human body engineering is adopted for their external shape, the contact area of the handles and the casing is large, thus the hands are not easily scalded.
Description of attached drawings

[0013] Fig. 1 is a front vertical schematic diagram of an embodiment example of the present invention; [0014] Fig. 2 is a left semi-exploded schematic diagram of Fig. 1; [0015] Fig. 3 is a plan schematic diagram of Fig. 1; [0016] Fig. 4 is a three-dimensional schematic diagram of the embodiment example of the present invention; [0017] Fig. 5 is an exploded schematic diagram of the embodiment example of the present invention;
Embodiment
[0018] The present invention will be further described in detail by an embodiment example in combination with the attached drawings. [0019] As shown in Fig. 1 to Fig. 5, part numbers in the drawings are described as follows. 1 1a 1b 11 11a 2 3 3a 3b 31 32 4 41 42 5 upper cover upper buckling edge upper clamping plate cooker hole buckling turnup casing lower cover lower buckling edge lower clamping plate support rubber foot handle heating inner container heat insulation ring heating ring pottery inner container
6 61 7 71 8 81
lid fringe protector turn-switch knob handle handle cap
[0020] In the embodiment example of the present invention, a multiposition slow cooker, wherein an upper cover 1, a casing 2 and a lower cover 3 are included, the upper cover 1 is provided with three cooker holes 11 standing side by side in a straight line and passing through the inner cavity of casing 2, each cooker hole 11 is nested with a heating inner container 4, the heating inner container 4 is nested with a pottery inner container 5, and a lid 6 is provided above the pottery inner container 5; a lower ring fringe of the upper cover 1 is provided with the upper buckling edge 1a, the upper buckling edge 1a and the upper ring fringe of the casing 2 are connected by buckling; an upper ring fringe of the lower cover 3 is provided with a lower buckling edge 3a, the buckling edge 3a and the lower ring fringe of the casing 2 are connected by buckling; the top of each cooker hole 11 is provided with a buckling turnup 11a, top of outer ring the heating inner container 4 is covered with a heat insulation ring 41, the heat insulation ring 41 and the buckling turnup 11a form a set and controls seal fitting between the heating inner container 4 and the cooker hole 11 of upper cover 1; the lateral surface of the casing 2 is fitted with three turn-switches 7 standing side by side in a straight line, each turn-switch 7 corresponds to the heating inner container 4 one to one and independently controls the heating operation of each heating inner container. [0021] This embodiment example is realized in such a way that at least six wedge-shaped upper clamping plates 1b are provided on the inner wall of lower ring fringe of the upper cover 1, an upper wedge-shaped spacing groove is formed between the upper clamping plates 1b and the inner wall of lower ring fringe of the upper cover 1, the upper wedge-shaped spacing groove and the upper ring fringe of the casing 2 are buckled and closely connected; the quantity of upper clamping plates 1b is not only six, the quantity is dependent upon the size of entire cooker body, and a proper quantity of upper clamping plates 1b will determine the effect of clamping with the casing 2. At least six wedge-shaped lower clamping plates 3b are provided on the inner wall of
upper ring fringe of the upper cover, a lower wedge-shaped spacing groove is formed between the lower clamping plates 3b and the inner wall of upper ring fringe of the lower cover 3, the upper wedge-shaped spacing groove and the lower ring fringe of the casing 2 are buckled and closely connected; According to the above description, the quantity of lower clamping plates 3b is also not only six, the quantity is dependent upon the size of entire cooker body, and a proper quantity of lower clamping plates 3b will determine the effect of clamping with the casing 2. Both the upper cover 1 and lower cover 3 are made of a plastic material, semicircular arc surfaces are provided on both ends of the upper cover 1 and lower cover 3; correspondingly, semicircular arc surfaces are also provided on both ends of the casing 2. At least four support rubber feet 31 are fitted at the bottom of lower cover 3, and the support rubber feet 31 are square blocks. Upward concave handles 32 are provided on both sides of semicircular arc surfaces of the lower cover 3, the handles 32 and the lower cover 3 form an integral structure; (1) the arc surface structure is matched with a circular arc-shaped pottery inner container 5, and (2) the structure enhances the beautiful look of appearance and greatly raises the grade of entire cooker. [0022] At least a heating ring 42 is covered at the periphery of each heating inner container 4 and forms a set with the corresponding turn-switch 7; in this structure, only one heating ring 42 is in each heating inner container 4 and is located under the heating inner container 4; the heating ring 42 and the periphery of heating inner container 4 are closely buckled, are not easy to slip down and has a better heat-transfer effect. [0023] Each turn-switch 7 is provided with four operating levels of HIGH, LOW, KEEP WRAM and OFF, a knob 71 is fitted outside the turn-switch 7 and controls turning operation of the turnswitch 7; the operating levels of each turn-switch 7 are concretely arranged according to consumers or in the respect of actual uses, and the operating levels may be more or less. [0024] The lid 6 is a die casting tempered glass structure, and the fringe protector 61 is covered around the fringe of lid 6; the fringe protector 61 is made of a stainless steel; the handle 8 is fitted at the middle top surface of the lid 6, and a handle cap 81 is padded between the handle 8 and the lid 6; The lid body made by die casting as a whole forms a clean arc-shaped external surface; the fringe protector 61 covered at the fringe is essential to protecting the lid body made of the glass, and it effectively increases the service life of the entire lid. [0025] Use functions in the embodiment example of present invention are as follows: Food is put
10
into the pottery inner container 5, a power source of 120 V is plugged, the knob 71 of the turnswitch 7 is regulated, and set working modes are: HIGH, LOW and KEEP WARM. [0026] Principles of design for the embodiment example of present invention are as follows: 1. voltage: 120 Vac; frequency: 60 Hz; output power: 450 W, power fluctuation range: +5% to 10%; 2. The knob 71 of the turn-switch 7 is set to HIGH, LOW or KEEP WARM; 3. After cooking is ended, the knob 71 is turned to OFF. [0027] Advantages of the present invention consist in that the diversity of cooking can be realized by installing three pottery inner containers and the quantity of cooking can be selected by the number of customers, thus energy can be saved; the upper and lower covers are plastic shells, they have a beautiful and dignified external form and a low surface temperature, and are not easy to scald hands; the lids are made of a die casting tempered glass, safely used, and are not easy to break, they have linear stripes and a novel style; the operating panel is a switch-knob structure, is simply operated and can be manually controlled in cooking; the left and right handles are integrated with the base, the human body engineering is adopted for their external form, they are sturdy and durable, have good touch and are not easy to slip down, the contact area of the handle and the casing is large, therefore they are not easy to scald hands. [0028] The best embodiment example of the present invention has been elucidated, thus various changes or modifications made by those skilled in the art will not deviate from the scope of the present invention.
Fig. 1
11
Fig. 2
Fig. 3
12
Fig. 4
13
Fig. 5
14
CN 101695429 A
June 25, 2013
15

1
[PDF page 1]
SooPAT COMBINATION SLOW COOKER (WJ-325) APPLICATION NO.: 200930157779.8 FILING DATE: October 10, 2009
APPLICANT (PATENTEE): SHI Junda ADDRESS: Miaohou Village, Lubu Town, Yuyao City, Zhejiang 315420 INVENTOR(S): Shi Junda, ZHANG Huaping PRIMARY CLASSIFICATION: 07-02 CLASSIFICATION: 07-02 PUBLICATION NO.: 301282889S DATE OF PUBLICATION: July 14, 2010 PATENT AGENT: Ningbo Tian Sheng Intellectual Property Agency Co., Ltd. 33219 REPRESENTATIVE: ZHANG Wenzhong www.soopat.com Note: Access the patent by clicking on the blue text on this page
Sensio Inc. Exhibit 1005 1
[PDF page 2]
Front view
[PDF page 3]
Bottom view
[PDF page 4]
Top view
[PDF page 5]
Right view
[PDF page 6]
Rear view
[PDF page 7]
Left view
CERTIFICATION OF TRANSLATION
The undersigned, Donald Rogalski, whose address is 173 Brunswick Street, Stratford, Ontario, N5A 3M2, Canada, declares and states as follows: I am well acquainted with the English and Chinese languages; I have translated several hundreds of Chinese documents of scientific, medical, technical and/or legal content into English over the past fourteen years of my career.
I have been requested to translate into English the attached Chinese document titled (WJ-325) (Combination Slow Cooker (WJ-325).
To a copy of this Chinese document I therefore attach my English translation and this Certification of Translation. I hereby certify that the English translation of the attached Chinese document titled (WJ-325) (Combination Slow Cooker (WJ-325) is, to the best of my knowledge and ability, an accurate translation.
And I declare further that all statements made herein of my own knowledge are true, and that all statements made on this information and belief are believed to be true.
July 10, 2013 ____________________________ Date
_______________________________ Donald Rogalski
SooPAT
(L-SC30-3S)
201030212892.4 2010-06-23
() () () ()
315600 9 07-02 07-02 301383763S 2010-11-17 11303
www.soopat.com
(19)
*CN301383763S*
(10) CN 301383763 S (45) 2010.11.17
(12)
(21) 201030212892.4 (22) 2010.06.23 (73) 315600 9 (72) (74) 11303 (51)LOC(8)Cl. 07-02
(54) (L-SC30-3S )
CN 301383763 S

CN 301383763 S
1/1

CN 301383763 S
1/1
1. (L-SC30-3S ) 2. 3. 4.
[PDF page 1]
SooPAT SLOW COOKER (L-SC30-3S Three Slot) APPLICATION NO.: 201030212892.4 FILING DATE: June 23, 2010
APPLICANT (PATENTEE): LU Huaguo ADDRESS: 9 Jinlong Road, Ninghai Economic Development Zone, Zhejiang 315600 INVENTOR(S): LU Huaguo PRIMARY CLASSIFICATION: 07-02 CLASSIFICATION: 07-02 PUBLICATION NO.: 301383763S DATE OF PUBLICATION: November 17, 2010 PATENT AGENT: Beijing Findto Patent Law Office 11303 REPRESENTATIVE: JIANG Bao www.soopat.com Note: Access the patent by clicking on the blue text on this page
[PDF page 2]
(19) State Intellectual Property Office of the Peoples Republic of China
(12)
Design Patent
(10) Patent Authorization Publication No.: CN 301383763 S (45) Patent Authorization Publication Date: November 17, 2010 (21) Application No.: 201030212892.4 (22) Filing Date: June 23, 2010 (73) Patentee: LU Huaguo Address: 9 Jinlong Road, Ninghai Economic Development Zone, Zhejiang 315600 (72) Designer(s): LU Huaguo (74) Patent Agent: Beijing Findto Patent Law Office 11303 Representative: JIANG Bao (51) LOC (8) Cl. 07-02 Drawings or Photographs: 7 Brief Description: 1 page (54) Product Incorporating the Design: Slow Cooker (L-SC30-3S Three Slot)
3D view
[Vertical text in left margin:] CN 301383763 S
[PDF page 3] CN 301383763 S DESIGN DRAWINGS OR PHOTOGRAPHS Page 1 of 1
Front view Top view
Rear view Bottom view
Left view 3D view
Right view
[PDF page 4] CN 301383763 S BRIEF DESCRIPTION Page 1 of 1
1. 2. 3. 4.
Title: Slow Cooker (L-SC30-3S Three Slot) Purpose: For slow cooking food and keeping food warm. Key Aspects of Design: Consists of the entire shape of the design. The 3D view is the drawing which best illustrates the key aspects of the design.
I have been requested to translate into English the attached Chinese document titled (L-SC30-3S) (Slow Cooker (L-SC30-3S Three Slot).
To a copy of this Chinese document I therefore attach my English translation and this Certification of Translation. I hereby certify that the English translation of the attached Chinese document titled (L-SC30-3S) (Slow Cooker (L-SC30-3S Three Slot) is, to the best of my knowledge and ability, an accurate translation.
July 10, 2013 ____________________________ Date
_______________________________ Donald Rogalski

1
[PDF page 1]
SooPAT SLOW COOKER (YDE806A) APPLICATION NO.: 200830098425.6 FILING DATE: May 7, 2008
APPLICANT (PATENTEE): SHI Junda ADDRESS: Miaohou Village, Lubu Town, Yuyao City, Zhejiang 315420 INVENTOR(S): Shi Junda, ZHANG Huaping PRIMARY CLASSIFICATION: 07-02 CLASSIFICATION: 07-02 PUBLICATION NO.: 301010547 DATE OF PUBLICATION: September 16, 2009 PATENT AGENT: Ningbo Tian Sheng Intellectual Property Agency Co., Ltd. REPRESENTATIVE: ZHANG Wenzhong www.soopat.com Note: Access the patent by clicking on the blue text on this page
[PDF page 2]
Top view
[PDF page 3]
Rear view
[PDF page 4]
3D view
[PDF page 5]
Bottom view
[PDF page 6]
Right view
[PDF page 7]
Front view
[PDF page 8]
Left view
I have been requested to translate into English the attached Chinese document titled (YDE806A) (Slow Cooker (YDE806A)).
To a copy of this Chinese document I therefore attach my English translation and this Certification of Translation. I hereby certify that the English translation of the attached Chinese document titled (YDE806A) (Slow Cooker (YDE806A)) is, to the best of my knowledge and ability, an accurate translation.
July 10, 2013 ____________________________ Date
_______________________________ Donald Rogalski
[19] State Intellectual Property Office of the Peoples Republic of China
[51] Int. Cl. A47J 27/12 (2006.01) A47J 36/24 (2006.01)
[12]
Public Disclosure of Patent Application

[21] Application No.: 200910098424.5
[43] Publication Date: October 28, 2009 [11] Publication No.: CN 101564269A [22] Filing Date: May 7, 2009 [21] Application No.: 200910098424.5 [71] Applicant: SHI Junda Address: Miaohou Village, Lubu Town, Yuyao City, Zhejiang 315420 [72] Inventor(s): SHI Junda, ZHANG Huaping
[74] Patent Agent: Ningbo Tian Sheng Intellectual Property Agency Co., Ltd. Representative: ZHANG Wenzhong
Claims: 1 page Specification: 3 pages Drawings: 2 pages [54] Title of Invention: Slow cooker with a composite structure [57] Abstract The present invention discloses a slow cooker with a composite structure, with a panel member having at least three pot openings arranged in a row along the middle of it. There are downward extending flange members on both the right and left sides of said panel member, and pot members are disposed within said pot openings. A front panel is disposed to the front of the panel member, and a front sealing strip is disposed along the edge in between said front panel and said panel member. A rear panel is disposed to the rear of the panel member, and a rear sealing strip is disposed along the edge in between said rear panel and said panel member. A lined middle panel is attached to a position in the middle between the rear panel and the front panel. A base panel is disposed underneath the panel member, and said base panel is also connected to the lower edge of the rear panel and the lower edge of the front panel. The design of the three pot members arranged in a row features a simple structure and the easy installation of the pot members. Each of the pots is heated by means of electric heating, and can be heated individually in order to save energy. The horizontally configured handle support panels and lined side panels enhance the rigidity and reliability of the connection between the front and rear panels. An outer casing handle is included to make carrying the unit easy.

1

200910098424.5
CLAIMS
Page 1 of 1
1. A slow cooker with a composite structure, with a panel member (1) having at least three pot openings (11) arranged in a row along the middle of it. There are downward extending flange members (12) on both the right and left sides of said panel member (1), and pot members (2) are disposed within said pot openings (11). A front panel (3) is disposed to the front of the panel member (1), and a front sealing strip (31) is disposed along the edge in between said front panel (3) and said panel member (1). A rear panel (4) is disposed to the rear of the panel member (1), and a rear sealing strip (41) is disposed along the edge in between said rear panel (4) and said panel member (1). A lined middle panel (5) is attached to a position in the middle between the rear panel (4) and the front panel (3). A base panel (6) is disposed underneath the panel member (1), and said base panel (6) is also connected to the lower edge of the rear panel (4) and the lower edge of the front panel (3). 2. A slow cooker with a composite structure as recited in claim 1, wherein said panel member (1) contains three of said pot openings (11), and three pot members (2) are correspondingly disposed within said pot openings (11). There are pot covers (21) covering the top of each of said pot members (2), and handles (22) are disposed on the top of said pot covers (21). 3. A slow cooker with a composite structure as recited in claim 2, wherein said pot member (2) is enclosed by a heating pot (23) which is disposed in the pot opening (11) of the panel member (1). Said heating pot (23) is enclosed by a heating ring, and said heating ring is connected to the external power source. 4. A slow cooker with a composite structure as recited in claim 3, wherein said front panel (3) contains three knobs (32) arranged in a row, and said knobs (32) correspond to each of the heating rings of the heating pots (23). 5. A slow cooker with a composite structure as recited in claim 4, wherein insulated brackets (24) are disposed around the external walls of said heating pots (23). 6. A slow cooker with a composite structure as recited in claim 1, wherein said flange members (12) on said panel member (1) have external casing handles (13). Lined side panels (7) are disposed within said flange members (12), and both ends of said lined side panels (7) are connected to said rear panel (4) and said front panel (3). 7. A slow cooker with a composite structure as recited in claim 6, wherein handle support panels (14) are disposed between said lined side panels (7) and the flange members (12) of the panel member (1). Said external casing handles (13) penetrate the flange members (12) to join to said handle support panels (14). 8. A slow cooker with a composite structure as recited in claim 1, wherein three via openings (61) are disposed on said base panel (6) corresponding to the pot openings (11) on said panel member (1). A base panel cover panel (62) is disposed along the peripheral edges of said via openings (61).

200910098424.5
SPECIFICATION
Slow Cooker With a Composite Structure
Page 1 of 3
Technical Field The present invention relates to the technical field of heated pots, specifically a slow cooker with a composite structure. Background Art Individual pots are commonly used for cooking, but are not very efficient because only one food item may be cooked at a time. They are generally used in the home environment. As the food and beverage industry develops and expands there are new requirements for speed, larger quantities and efficiency which individual pots cannot satisfy. There exist stoves with multiple burners such as that described in China patent no. 98202860.1 (Electrically heated composite stove with multiple burners; publication no. CN2323707Y). Said stove is comprised of a main frame, external sheath, heating component, temperature control component, insulated base layer and pots. The main frame is divided into four or more cooking zones. There are slots located at the intersecting section of the base of the main frame, with a junction box located between said slots, and a heating component and a temperature control component at the center of each cooking zone. The control switches for the temperature control components are located along the outer periphery of the main frame for each cooking zone. The pots make up a set of vessels including metal pots, iron plates, ceramic ware, steamer trays and earthenware pots. While the design allows for multiple pots, the configuration of the heating system for controlling the individual cooking zones results in a complex operation, with a complicated main frame structure making daily maintenance and repair difficult. There is also an integrated multiple unit stove with a hot plate connected directly to a heating wire. The flat surface of the hot plate tends to be affected by the moisture at the base of the pot because it is directly exposed to said base of the pot, making the heat from the hot plate inconsistent and resulting in imbalances when heating up the pot so that only one side of the pot will get hot. This reduces the service life of the hot plate, and also has an impact on how fast the pot can be heated, resulting in reduced efficiency. As such, this type of pot also has numerous drawbacks. Summary of Invention The present invention resolves an existing technical issue by providing a slow cooker composite structure featuring easy operation, tidy use, flexible configuration and a simple structure. The technical process used in the present invention to resolve said technical issue is as follows: A slow cooker with a composite structure, with a panel member having at least three pot openings arranged in a row along the middle of it. There are downward extending flange members on both the right and left sides of said panel member, and pot members are disposed within said pot openings. A front panel is disposed to the front of the panel member, and a front sealing strip is disposed along the edge in between said front panel and said panel member. A rear panel is disposed to the rear of the panel member, and a rear sealing strip is disposed along the edge in between said rear panel and said panel member. A lined middle panel is attached to a position in the middle between the rear panel and the front panel. A base panel is disposed underneath the panel member, and said base panel is also connected to the lower edge of the rear panel and the lower edge of the front panel. The technical process also includes the following: Said panel member contains three of said pot openings, and three pot members are correspondingly disposed within said pot openings. There are pot covers covering the top of each of said pot members, and handles are disposed on the top of said pot covers. Said pot member is enclosed by a heating pot which is disposed in the pot opening of the panel member. Said heating pot is enclosed by a heating ring, and said heating ring is connected to the external power source. Said front panel contains three knobs arranged in a row, and said knobs correspond to each of the heating rings of the heating pots. Insulated brackets are disposed around the external walls of said heating pots. Said flange members on said panel member have external casing handles. Lined side panels are disposed within said flange members,[continued on following page]

200910098424.5 Page 2 of 3
[Continued from previous page]and both ends of said lined side panels are connected to said rear panel and said front panel. Handle support panels are disposed between said lined side panels and the flange members of the panel member. Said external casing handles penetrate the flange members to join to said handle support panels. Three via openings are disposed on said base panel corresponding to the pot openings on said panel member. A base panel cover panel is disposed along the peripheral edges of said via openings. The present invention differs from existing technology in that there is a panel member having at least three pot openings arranged in a row along the middle of it. There are downward extending flange members on both the right and left sides of said panel member, and pot members are disposed within said pot openings. A front panel is disposed to the front of the panel member, and a front sealing strip is disposed along the edge in between said front panel and said panel member. A rear panel is disposed to the rear of the panel member, and a rear sealing strip is disposed along the edge in between said rear panel and said panel member. A lined middle panel is attached to a position in the middle between the rear panel and the front panel. A base panel is disposed underneath the panel member, and said base panel is also connected to the lower edge of the rear panel and the lower edge of the front panel. The advantages of the present invention are as follows: The design of the three pot members arranged in a row features a simple structure and the easy installation of the pot members. Each of the pots is heated by means of electric heating, and can be heated individually in order to save energy. The horizontally configured handle support panels and lined side panels enhance the rigidity and reliability of the connection between the front and rear panels. An outer casing handle is included to make carrying the unit easy. Description of Drawings FIG. 1 is a flat schematic diagram of the embodiment of the present invention. FIG. 2 is a left cross-sectional view of FIG. 1. FIG. 3 is a bottom semi-cross-sectional view of FIG. 1. FIG. 4 is a three-dimensional view of FIG. 1. FIG. 5 is an exploded view of FIG. 1. Specific Embodiment The embodiment and drawings which follow provide a more detailed description of the present invention. Key to the numbers given in the embodiments of FIGs. 1 to 5: panel member 1; pot opening 11; flange member 12; external casing handle 13; handle support panel 14; pot member 2; pot cover 21; handle 22; heating pot 23; insulated bracket 24; front panel 3; front sealing strip 31; knob 32; rear panel 4; rear sealing strip 41; lined middle panel 5; base panel 6; via opening 61; base panel cover panel 62; lined side panel. An embodiment of the present invention is as follows: A slow cooker with a composite structure, with a panel member 1 having at least three pot openings 11 arranged in a row along the middle of it. There are downward extending flange members 12 on both the right and left sides of said panel member 1, and pot members 2 are disposed within said pot openings 11. A front panel 3 is disposed to the front of the panel member 1, and a front sealing strip 31 is disposed along the edge in between said front panel 3 and said panel member 1. A rear panel 4 is disposed to the rear of the panel member 1, and a rear sealing strip 41 is disposed along the edge in between said rear panel 4 and said panel member 1. A lined middle panel 5 is attached to a position in the middle between the rear panel 4 and the front panel 3. A base panel 6 is disposed underneath the panel member 1, and said base panel 6 is also connected to the lower edge of the rear panel 4 and the lower edge of the front panel 3. Said embodiment is implemented as follows: Said panel member 1 contains three of said pot openings 11, and three pot members 2 are correspondingly disposed within said pot openings 11. There are pot covers 21 covering the top of each of said pot members 2, and handles 22 are disposed on the top of said pot covers 21. Said pot member 2 is enclosed by a heating pot 23 which is disposed in the pot opening 11 of the panel member 1. Said heating pot 23 is enclosed by a heating ring, and said heating ring is connected to the external power source. Said front panel 3 contains three knobs 32 arranged in a row, and said knobs 32 correspond to each of the heating rings of the heating pots 23. Each knob 32 controls an pot and is configured independently, making for a rational structure in which each pot[continued on following page]
4

200910098424.5 Page 3 of 3
[Continued from previous page]is controlled individually and an insulated bracket 24 is disposed on the external wall of the heating pot 23. Said flange members 12 on said panel member 1 have external casing handles 13 used for carrying the unit. Lined side panels 7 are disposed within said flange members 12, and both ends of said lined side panels 7 are connected to said rear panel 4 and said front panel 3. Handle support panels 14 are disposed between said lined side panels 7 and the flange members 12 of the panel member 1. Said external casing handles 13 penetrate the flange members 12 to join to said handle support panels 14. Three via openings 61 are disposed on said base panel 6 corresponding to the pot openings 11 on said panel member 1. A base panel cover panel 62 is disposed along the peripheral edges of said via openings 61. The advantages of this embodiment of the present invention are as follows: The design of the three pot members arranged in a row features a simple structure and the easy installation of the pot members. Each of the pots is heated by means of electric heating, and can be heated individually in order to save energy. The horizontally configured handle support panels and lined side panels enhance the rigidity and reliability of the connection between the front and rear panels. An outer casing handle is included to make carrying the unit easy. The most optimal embodiment of the present invention has been given above. Changes or modifications made by those skilled in the art will not remove said embodiment from the scope of the present invention.

200910098424.5
DRAWINGS
Page 1 of 2
FIG. 3
FIG. 1
FIG. 2
FIG. 4

200910098424.5 Page 2 of 2
FIG. 5
The undersigned, Donald Rogalski, whose address is 173 Brunswick Street, Stratford, Ontario, N5A 3M2, Canada, declares and states as follows: I am well acquainted with the English and Chinese languages; I have translated several hundreds of Chinese documents of scientific, medical, technical and/or legal content into English over the past fourteen years of my career. I have been requested to translate into English the attached Chinese document titled (Public Disclosure of Patent Application: Slow cooker with a composite structure).
To a copy of this Chinese document I therefore attach my English translation and this Certification of Translation. I hereby certify that the English translation of the attached Chinese document titled (Public Disclosure of Patent Application: Slow cooker with a composite structure) is, to the best of my knowledge and ability, an accurate translation.
July 3, 2013 ____________________________ Date
_______________________________ Donald Rogalski
[19] State Intellectual Property Office of the Peoples Republic of China
[51] Int. Cl. A47J 27/12 (2006.01)
[12]
Patent Specification
Patent No. ZL 200810062333.1
[45] Patent Authorization Publication Date: January 6, 2010 [11] Patent Authorization Publication No.: CN 100577069C [22] Filing Date: May 7, 2008 [74] Patent Agent: Ningbo Tian Sheng [21] Application No.: 200810062333.1 Intellectual Property Agency Co., Ltd. [71] Applicant: SHI Junda Representative: ZHANG Wenzhong Address: Miaohou Village, Lubu Town, Yuyao City, Zhejiang 315420 [72] Inventor(s): SHI Junda, ZHANG Huaping [56] References CN2807989Y 2006.8.23 CN101040758A 2007.9.26 CN1293938A 2001.5.9 CN201185847Y 2009.1.28 CN101161166A 2008.4.16 WO92/01413A1 1992.2.6 Claims: 1 page Examiner: CHEN Zhihong Specification: 3 pages Drawings: 2 pages [54] Title of Invention: Composite structure for a slow cooker [57] Abstract The present invention discloses a composite structure for a slow cooker which includes a base proper containing an inner bladder member with a working pot assembly integrated into the inner cavity of said inner bladder member. The base proper is comprised of a lower casing and an upper casing. A positioning ring is formed along the upper edge of said lower casing, and an overlapping edge ring is formed along the lower edge of said upper casing which matches said positioning ring. A vertical straight side is disposed on each side of said lower casing, and a first via opening is disposed on each of said vertical straight sides. A protruding slat is disposed on each side of the inner cavity of said lower casing, and a second via opening is disposed on each of said slats. Additionally, there is a base handle between said second via opening and said first via opening adjacent to it. Multiple pots may be configured, suitable for processing different foods at the same time, resulting in great efficiency. With temperature controls for different pots, the user can employ one or multiple pots as needed, making for flexible and convenient operation. The integrated component structure and the fully sealed upper cover structure prevent overflow from seeping into the interior of the base so that the cleanliness of the entire unit is maintained.

200810062333.1
CLAIMS
Page 1 of 1
1. A composite structure for a slow cooker, including a base proper (1) containing an inner bladder member (2), with a working pot assembly (3) integrated into the inner cavity of said inner bladder member (2). Said composite structure for a slow cooker is characterized by the following: The base proper (1) is comprised of a lower casing (11) and an upper casing (12). A positioning ring (11a) is formed along the upper edge of said lower casing (11), and an overlapping edge ring (12a) is formed along the lower edge of said upper casing (12) and matches said positioning ring (11a). A vertical straight side (11b) is disposed on each side of said lower casing (11), and a first via opening (13) is disposed on each of said vertical straight sides (11b). A protruding slat (11c) is disposed on each side of the inner cavity of said lower casing (11), and a second via opening (14) is disposed on each of said slats (11c). Additionally, there is a base handle (4) between said second via opening (14) and said first via opening (13) adjacent to it. 2. The composite structure for a slow cooker recited in claim 1, wherein at least two protruding overlapping mounting rings (12b) are disposed at the top of said upper casing (12). Correspondingly, said inner bladder member (2) also has at least two of said overlapping mounting rings, and said inner bladder member (2) and the overlapping mounting rings (12b) are fitted to each other. 3. The composite structure for a slow cooker recited in claim 2, wherein a circular flange edge (2a) is disposed on the upper opening of said inner bladder member (2), and the internal cover of said flange edge (2a) is disposed on the exterior of said overlapping mounting ring (12b). 4. The composite structure for a slow cooker recited in claim 3, wherein a straight ring (2b) is disposed at the base of the outer peripheral ring of said inner bladder member (2), and at least one heating ring (5) is disposed in ferrule fashion on said straight ring (2b). 5. The composite structure for a slow cooker recited in claim 4, wherein said heating ring (5) is a heating band, a conical member (2c) extending outward is disposed between said straight ring (2b) and said flange edge (2a), and said conical member (2c) and said straight ring (2b) are integrated into the inner cavity of the lower casing (11). 6. The composite structure for a slow cooker recited in claim 5, wherein there are two overlapping mounting rings (12b) distributed parallel to each other, and correspondingly, there are two inner bladder members (2), and each of said inner bladder members (2) correspond to each of said overlapping mounting rings (12b). 7. The composite structure for a slow cooker recited in claim 6, wherein the wall on one side of said lower casing (11) contains two switching members (6) connecting electrically to an external power source, and each of said switching members (6) correspondingly connect to each of said heating rings (5). 8. The composite structure for a slow cooker recited in claim 7, wherein there is an operational knob (61) controlling the operation of the switching member (6) located at the extended end of said switching member (6), there is a ring-shaped graduated member (15) on one side of said lower casing (11), and said graduated member (15) is fitted to said switching knob (61). 9. The composite structure for a slow cooker recited in claim 8, wherein there are two of said working pot assemblies (3), each of which are fitted to said inner bladder members (2). Said working pot assemblies (3) include a pot (31) which is covered with a pot cover (32), and there is a pot cover handle (33) screwed onto the top of said pot cover (32). 10. The composite structure for a slow cooker recited in claim 9, wherein a washer (34) is disposed in between said pot cover handle (33) and said pot cover (32), and a rim (31a) is disposed on said pot (31) making even contact with said flange edge (2a).

200810062333.1
SPECIFICATION
Composite Structure for a Slow Cooker
Page 1 of 3
Technical Field The present invention relates to the technical field of electric pots, specifically a composite structure for a slow cooker. Background Art Individual pots are commonly used for cooking, but are not very efficient because only one food item may be cooked at a time. They are generally used in the home environment. As the food and beverage industry develops and expands there are new requirements for speed, larger quantities and efficiency which individual pots cannot satisfy. There exist stoves with multiple burners such as that described in China new utility model patent no. 98202860.1 (Electrically heated composite stove with multiple burners; publication no. CN2323707Y). Said stove is comprised of a main frame, external sheath, heating component, temperature control component, insulated base layer and pots. The main frame is divided into four or more cooking zones. There are slots located at the intersecting section of the base of the main frame, with a junction box located between said slots, and a heating component and a temperature control component at the center of each cooking zone. The control switches for the temperature control components are located along the outer periphery of the main frame for each cooking zone. The pots make up a set of vessels including metal pots, iron plates, ceramic ware, steamer trays and earthenware pots. While the design allows for multiple pots, the configuration of the heating system for controlling the individual cooking zones results in a complex operation, with a complicated main frame structure making daily maintenance and repair difficult. There is also an integrated multiple unit stove with a hot plate connected directly to a heating wire. The flat surface of the hot plate tends to be affected by the moisture at the base of the pot because it is directly exposed to said base of the pot, making the heat from the hot plate inconsistent and resulting in imbalances when heating up the pot so that only one side of the pot will get hot. This reduces the service life of the hot plate, and also has an impact on how fast the pot can be heated, resulting in reduced efficiency. As such, this type of pot also has numerous drawbacks. Summary of Invention The present invention resolves an existing technical issue by providing a composite structure for a slow cooker featuring easy operation, tidy use, flexible configuration and a simple structure. The technical process used in the present invention to resolve said technical issue is as follows: A composite structure for a slow cooker with a base proper contains an inner bladder member, and a working pot assembly is integrated into the inner cavity of said inner bladder member. The base proper is comprised of a lower casing and an upper casing. A positioning ring is formed along the upper edge of said lower casing, and an overlapping edge ring is formed along the lower edge of said upper casing and matches said positioning ring. A vertical straight side is disposed on each side of said lower casing, and a first via opening is disposed on each of said vertical straight sides. A protruding slat is disposed on each side of the inner cavity of said lower casing, and a second via opening is disposed on each of said slats. Additionally, there is a base handle between said second via opening and said first via opening adjacent to it. The technical process also includes the following: At least two protruding overlapping mounting rings are disposed at the top of said upper casing. Correspondingly, said inner bladder member also has at least two of said overlapping mounting rings, and said inner bladder member and the overlapping mounting rings are fitted to each other. A circular flange edge is disposed on the upper opening of said inner bladder member, and the internal cover of said flange edge is disposed on the exterior of said overlapping mounting ring. A straight ring is disposed at the base of the outer peripheral ring of said inner bladder member, and at least one heating ring is disposed in ferrule fashion on said straight ring. Said heating ring is a heating band, a conical member extending outward is disposed between said straight ring and said flange edge, and said conical member and said straight ring are integrated into the inner cavity of the lower casing. There are two overlapping mounting rings distributed parallel to each other, and correspondingly, there are two inner bladder members, and each of said inner bladder members correspond to each of said overlapping mounting rings.

200810062333.1 Page 2 of 3
The wall on one side of said lower casing contains two switching members connecting electrically to an external power source, and each of said switching members correspondingly connect to each of said heating rings. There is an operational knob controlling the operation of the switching member located at the extended end of said switching member, there is a ring-shaped graduated member on one side of said lower casing, and said graduated member is fitted to said switching knob. There are two of said working pot assemblies, each of which are fitted to said inner bladder members. Said working pot assemblies include a pot which is covered with a pot cover, and there is a pot cover handle screwed onto the top of said pot cover. A washer is disposed in between said pot cover handle and said pot cover, and a rim is disposed on said pot making even contact with said flange edge. The present invention differs from existing technology in that the base proper is equipped with an inner bladder member, and a working pot assembly is integrated into the inner cavity of said inner bladder member. The base proper is comprised of a lower casing and an upper casing. A positioning ring is formed along the upper edge of said lower casing, and an overlapping edge ring is formed along the lower edge of said upper casing and matches said positioning ring. A vertical straight side is disposed on each side of said lower casing, and a first via opening is disposed on each of said vertical straight sides. A protruding slat is disposed on each side of the inner cavity of said lower casing, and a second via opening is disposed on each of said slats. Additionally, there is a base handle between said second via opening and said first via opening adjacent to it. The advantages of the present invention are that multiple pots may be configured, suitable for processing different foods at the same time, resulting in great efficiency. With temperature controls for different pots, the user can employ one or multiple pots as needed, making for flexible and convenient operation. The integrated component structure and the fully sealed upper cover structure prevent overflow from seeping into the interior of the base so that the cleanliness of the entire unit is maintained. The inner bladder member is a flexible component structure which is simple to install and easy to maintain. Description of Drawings FIG. 1 is a three-dimensional schematic diagram of the embodiment of the present invention. FIG. 2 is a flat schematic diagram of FIG. 1. FIG. 3 is a longitudinal semi-cross-sectional view of FIG. 2. FIG. 4 is a latitudinal semi-cross-sectional view of FIG. 2. FIG. 5 is an exploded view of FIG. 1. Specific Embodiment The embodiment and drawings which follow provide a more detailed description of the present invention. Key to the numbers given in the embodiments of FIGs. 1 to 5: base proper 1; lower casing 11; positioning ring 11a; vertical straight side 11b; slat 11c; upper casing 12; overlapping edge ring 12a; overlapping mounting ring 12b; first via opening 13; second via opening 14; graduated member 15; inner bladder member 2; flange edge 2a; straight ring 2b; conical member 2c; working pot assembly 3; pot 31; rim 31a; pot cover 32; pot cover handle 33; washer 34; base handle 4; heating ring 5; switching member 6; operational knob 61. An embodiment of the present invention is as follows: A composite structure for a slow cooker including a base proper 1 containing an inner bladder member 2, with a working pot assembly 3 integrated into the inner cavity of said inner bladder member 2. The base proper 1 is comprised of a lower casing 11 and an upper casing 12. A positioning ring 11a is formed along the upper edge of said lower casing 11, and an overlapping edge ring 12a is formed along the lower edge of said upper casing 12 and matches said positioning ring 11a. A vertical straight side 11b is disposed on each side of said lower casing 11, and a first via opening 13 is disposed on each of said vertical straight sides 11b. A protruding slat 11c is disposed on each side of the inner cavity of said lower casing 11, and a second via opening 14 is disposed on each of said slats 11c. Additionally, there is a base handle 4 between said second via opening 14 and said first via opening 13 adjacent to it. Said embodiment is implemented as follows: At least two protruding overlapping mounting rings 12b are disposed at the top of said upper casing 12. Correspondingly, said inner bladder member 2 also has at least two of said overlapping mounting rings, and said inner bladder member 2 and the overlapping mounting rings 12b are fitted to each other. A circular flange edge 2a is disposed on the upper opening of said inner bladder member 2,[continued on following page]
4

200810062333.1 Page 3 of 3
[Continued from previous page]and the internal cover of said flange edge 2a is disposed on the exterior of said overlapping mounting ring 12b. A straight ring 2b is disposed at the base of the outer peripheral ring of said inner bladder member 2, and at least one heating ring 5 is disposed in ferrule fashion on said straight ring 2b. Heating ring 5 is a heating band, a conical member 2c extending outward is disposed between said straight ring 2b and said flange edge 2a, and said conical member 2c and said straight ring 2b are integrated into the inner cavity of the lower casing 11. There are two overlapping mounting rings 12b distributed parallel to each other, and correspondingly, there are two inner bladder members 2, and each of said inner bladder members 2 correspond to each of said overlapping mounting rings 12b. The wall on one side of said lower casing 11 contains two switching members 6 connecting electrically to an external power source, and each of said switching members 6 correspondingly connect to each of said heating rings 5. There is an operational knob 61 controlling the operation of the switching member 6 located at the extended end of said switching member 6, there is a ring-shaped graduated member 15 on one side of said lower casing 11, and said graduated member 15 is fitted to said switching knob 61. There are two of said working pot assemblies 3, each of which are fitted to said inner bladder members 2. Said working pot assemblies 3 include a pot 31 which is covered with a pot cover 32, and there is a pot cover handle 33 screwed onto the top of said pot cover 32. A washer 34 is disposed in between said pot cover handle 33 and said pot cover 32, and a rim 31a is disposed on said pot 31 making even contact with said flange edge 2a. The procedure for implementing the embodiment the present invention is as follows: Place food such as chicken, beef or pork into pot 31 and plug in the 120-volt power source. Adjust operational knob 61 corresponding to the pot in which said food was placed to the desired setting. If only one pot 31 contains food, then only the operational know 61 corresponding to said pot should be adjusted so that one heating ring 5 heats up and the other two do not. After several hours the food will be cooked. For example: Place the food into the slow cooker at 8:00 am so that you can have hot food when you return from work in the afternoon. If there is too much food, or if you have other things to do and cannot finish the food, you can adjust it to the warm setting so that it remains at the temperature you choose. The design principles of the embodiment of the present invention are as follows: 1. Electrical configuration: Voltage: 120 V; frequency: 60 Hz; output power: 1,360 W. Fluctuation of 5 to 10%. 2. Two heating rings 5 are attached to two inner bladder members 2 as they emit heat. Food in the pot 31 is cooked as the heat is transmitted through the air. 3. The settings on the operational knob 61 are OFF, LOW, HIGH and WARM. Achieve the result you require by adjusting the operational knob 61 to your desired setting. The advantages of this embodiment of the present invention are as follows: Multiple pots may be configured, suitable for processing different foods at the same time, resulting in great efficiency. With temperature controls for different pots, the user can employ one or multiple pots as needed, making for flexible and convenient operation. The integrated component structure and the fully sealed upper cover structure prevent overflow from seeping into the interior of the base so that the cleanliness of the entire unit is maintained. The inner bladder member is a flexible component structure which is simple to install and easy to maintain. The most optimal embodiment of the present invention has been given above. Changes or modifications made by those skilled in the art will not remove said embodiment from the scope of the present invention.

200810062333.1
DRAWINGS
Page 1 of 2
FIG. 1
FIG. 2
FIG. 3

200810062333.1
DRAWINGS
Page 2 of 2
FIG. 4
FIG. 5
I have been requested to translate into English the attached Chinese document titled (Patent Specification: Composite structure for a slow cooker).
To a copy of this Chinese document I therefore attach my English translation and this Certification of Translation. I hereby certify that the English translation of the attached Chinese document titled (Patent Specification: Composite structure for a slow cooker) is, to the best of my knowledge and ability, an accurate translation.
July 3, 2013 ____________________________ Date
_______________________________ Donald Rogalski
CHINESE INVENTION PATENT APPLICATION

CN 101862110 A (2010)
(19) National Intellectual Property Bureau, Peoples Republic of China (12) Chinese Invention Patent Application (10) Publication No. [43] Publication Date (21) Application No. (22) Date of filing (71) Applicant Address CN 101862110 A October 20, 2010 201010105904.2 January 28, 2010 SHI Junda Miaohou Village, Lubu Town Yuyao City, Zhejiang 315420, China (72) Inventor (74) Patent Agency SHI Junda and ZHANG Huaping Tiansheng Intellectual Property Agency Co., Ltd. Ningbo City 33219, China Agent (51) Int. Cl. A 47 J 27/00 (2006.01) ZHANG Wenzhong
Claims : 1 page
Specification : 3 pages
Attached Drawings : 4 pages
______________________________________________________________________________
(54)
Title of the Invention SLOW COOKER

1
(57)
Abstract
The present invention provides a slow cooker comprises a casing and a base, the base is
fitted to the bottom of the casing, an aluminum inner container is fitted in the inner cavity of the casing, a pottery inner container is fitted in the inner cavity of the aluminum inner container, a lid is fitted on the pottery inner container, the lid is buckled on the pottery inner container and forms a heating cavity for heating food between them, a heating body is fitted surrounding the lower part of the aluminum inner container, a power line is fitted between the base and the casing, the heating body is electrically connected with a PCB board for controlling heating of the heating body, and the PCB board is electrically connected with the power line. Advantages of the present invention consist in that it has simple structure, high safety and accurate temperature control; its casing is made of a stainless steel material, is beautiful and dignified; the lid is made of a die casting tempered glass, is not easy to break; an operating panel is a PCB computerized intelligent control panel, is simply operated, has good stability, is sturdy and durable; a left handle and a right handle are designed as circular arc surfaces and are not easy to slip down; the handles and the casing have a large contact area and the hands are not easily scalded.
Claims
1. A slow cooker comprising a casing 1 and a base 2 fitted to the bottom of the casing 1, characterized by the fact that, an aluminum inner container 3 is fitted in the inner cavity of the casing 1, a pottery inner container 4 is fitted in the inner cavity of the aluminum inner container 3, a lid 5 is fitted on the pottery inner container, the lid 5 is buckled on the pottery inner container 4 and forms a heating cavity 4a for heating food between the lid 5 and the pottery inner container 4, a heating body 9 is fitted surrounding the lower part of the aluminum inner container 3, a power line 94 is fitted between a bottom cover and the casing 2, the heating body is electrically connected with a PCB board 8 for controlling heating of the heating body 9, and the PCB board 8 is electrically connected with the power line 94. 2. The slow cooker according to Claim 1, characterized by the fact that a fixed groove 11 is provided in front of the casing 1, a shelter 81 is fitted in rear of the fixed groove 11, a mask 82 is fitted in front of the fixed groove 11, and a PCB board is installed in a space enclosed by the fixed groove 11, shelter 81 and mask 82. 3. The slow cooker according to Claim 1, characterized by the fact that a level button 84, an off-button 85, a time plus button 86 and a time minus button 87 are fitted onto the mask 82, respectively; a display digital screen 88 and function indication lamps 89 are fitted in the middle part and the upper part of the mask 82, respectively; and a face cover 83 is pasted in front of the mask 82. 4. The slow cooker according to Claim 1, characterized by the fact that an upward arched annular turnup 21 is provided at the base 2, an annular convex shoulder 22 is provided near to the opening of the base 2, the bottom of the casing 2 leans against the annular convex shoulder 22, and a heat-conducting cavity is formed among the aluminum inner container 3, annular turnup 21 and casing 1. 5. The slow cooker according to Claim 4, characterized by the fact that at least one upward convex fixed pan 23 is fitted onto the base 2, fixed holes are provided on the fixed pan 23, and rivets 24 are provided by passing through the fixed holes. 6. The slow cooker according to Claim 5, characterized by the fact that a rim 41 is provided on the pottery inner container 4, the lid 5 is buckled on the rim 41 of the pottery inner
container 4, and the lid 5 at least can cover the opening part of the pottery inner container 4. 7. The slow cooker according to Claim 6, characterized by the fact that the lid 5 is a die casting tempered glass lid, and a stainless steel edge is provided on the lid 5. 8. The slow cooker according to Claim 7, characterized by the fact that a left handle 6 and a right handle 7 are fitted on the left side and the right side of the casing 1, respectively; the left handle 6 includes a left grasping part 61 and a left fixing piece 62; the left grasping part 61 assumes a circular arc shape, and the left handle 6 is fixed to the left side of the casing 1 through the left fixing piece 62; the right handle 7 includes a right grasping part 71 and a right fixing piece 72; the right grasping part 61 assumes a circular arc shape, and the left handle 6 is fixed to the left side of the casing 1 through the right fixing piece 72. 9. The slow cooker according to Claim 1, characterized by the fact that the heating body 9 comprises an annular part 91 and a notch part 92, the notch part 92 is located in the middle position of the heating body 9, and fixing heads 93 are arranged on both ends of the annular part 91 close to the notch part 92.
SPECIFICATION Slow Cooker

Technical field
[0001] The present invention relates to a technical field of household cooking utensils, and particularly to a slow cooker.
Background art
[0002] As is well-known, a large quantity of household appliances are springing up with the progress of the society and consumers' requests on convenience and diversity in people's daily life. There are many kinds of slow cookers in the large quantity of household appliances; for this reason, they make great convenience for housewives and shorten their labor time in household duties. However, the current slow cookers are generally installed with heating elements at the
bottom; therefore they have many disadvantages, for instance, uneven heating, too high heating rate, and so forth; simultaneously, many processing methods such as roast, boiling, stir-fry, fry, cooking, steaming exist in the traditional Chinese dishes, some dishes need slow boiling or slow cooking with small flame, and operations of the existent slow cooker are also rather troublesome; therefore the existent slow cookers are far from satisfying people's demand though they have many varieties.
Contents of the invention

[0003] A technical problem to be solve by the present invention is to provide a slow cooker having a simple structure, simple operations, high safety and accurate temperature control by aiming at the current status of the existent art. [0004] The technical scheme adopted for solving the above technical problem consists in a slow cooker comprising a casing and a base fitted to the bottom of the casing, and adopted measures are as follows. An aluminum inner container is fitted in the inner cavity of the casing, a pottery inner container is fitted in the inner cavity of the aluminum inner container, a lid is fitted on the pottery inner container, the lid is buckled on the pottery inner container and forms a heating cavity for heating food between the lid and the pottery inner container, a heating body is fitted surrounding the lower part of the aluminum inner container, a power line is fitted between the base and the casing, the heating body is electrically connected with a PCB board for controlling heating of the heating body, and the PCB board is electrically connected with the power line. [0005] Concrete measures adopted for optimizing the above scheme are as follows. [0006] In the above slow cooker, fixing groove is provided in front of the casing, a shelter is fitted in rear of the fixing groove, a mask is fitted in front of the fixing groove, and a PCB board is installed in a space enclosed by the fixing groove, shelter and mask. [0007] In the above slow cooker, a level button, an off-button, a time plus button and a time minus button are fitted onto the mask, respectively; a display digital screen and function indication lamps are fitted in the middle part and the upper part of the mask, respectively; and a face cover is pasted in front of the mask. [0008] In the above slow cooker, an upward arched annular turnup is provided at the base, an annular convex shoulder is provided near to the opening of the base, the bottom of the casing
leans against the annular convex shoulder, and a heat-conducting cavity is formed among the aluminum inner container, annular turnup and casing. [0009] In the above slow cooker, at least one upward convex fixing pan is fitted onto the base, fixing holes are provided on the fixing pan, and rivets are provided by passing through the fixing holes. [0010] In the above slow cooker, a rim is provided on the pottery inner container, the lid is buckled on the rim of the pottery inner container 4, and the lid at least can cover the opening part of the pottery inner container. [0011] In the above slow cooker, the lid is a die casting tempered glass lid, and a stainless steel edge is provided on the lid. [0012] In the above slow cooker, a left handle and a right handle are fitted on the left side and the right side of the casing; the left handle includes a left grasping part and a left fixing piece; the left grasping part assumes a circular arc shape, and the left handle is fixed to the left side of the casing through the left fixing piece; the right handle includes a right grasping part and a right fixing piece; the right grasping part assumes a circular arc shape, and the right handle is fixed to the left side of the casing through the right fixing piece. [0013] In the above slow cooker, the heating body comprises an annular part and a notch part, the notch part is located in the middle position of the heating body, and fixing heads are arranged on both ends of the annular part close to the notch part. [0014] As compared to the existing art, advantages of the present invention consist in that it has simple structure, simple operations, high safety and accurate temperature control; the casing is made of a stainless steel material, has a beautiful look and high grade, is easily cleaned, and is sturdy and dignified; the lid is made of a die casting tempered glass, provided with a stainless steel edge, is not easy to break and beautiful, has linear stripes and a novel style; the operating panel is a PCB computerized intelligent control panel, is simply operated, has an easily operated high-brightness digital display screen; after the setting time comes into an intelligent operating mode, the cooker needs not to be manually operated, has good stability, is not easy to overturn, sturdy and dignified; a circular arc shape is adopted for the left handle and the right handle, the human body engineering is adopted for the external shape, the cooker is sturdy and durable, has good touch, and is not easy to slip down; the contact area of the handles and the casing is large, therefore they are not easy to scald hands.
Description of attached drawings

[0015] Fig. 1 is a schematic diagram of exploded structure of this slow cooker; [0016] Fig. 2 is a schematic diagram of overlook structure after assembly of Fig. 1. [0017] Fig. 3 is a schematic diagram of exploded structure in the A-A direction. [0018] Fig. 4 is a schematic diagram of exploded structure in the B-B direction. [0019] Fig. 5 is a schematic diagram of three-dimensional structure after assembly of Fig. 1. [0020] Fig. 6 is a schematic diagram of upward structure of Fig. 5.
Embodiments
[0021] The technical scheme of the present invention will be further described in detail by embodiment examples of the present invention in combination with the attached drawings, but the present invention is not limited to these embodiment examples. [0022] As shown in Fig. 1 to Fig. 6, casing 1, fixing groove 11, base 2, tunrup21, convex shoulder 22, fixing pan 23, rivets 24, aluminum inner container 3, pottery inner container 4, rim 41, heating cavity 4a, lid 5, left handle 6, left grasping part 61, left fixing piece 62, right handle 7, right grasping part 71, right fixing piece 72, PCB board 8, shelter 81, mask 82, face cover 83, level button 84, off-button 85, time plus button 86, time minus button 87, display digital screen 88, function indication lamps 89, heating body 9, annular part 91, notch part 92, fixing head 93, power line 94. [0023] This slow cooker comprises the casing 1 and the base 2, and casing 1 is made of a stainless steel material, therefore the cooker looks beautiful and dignified, has high grade, is easily cleaned, is sturdy and durable. The base 2 is fitted to the bottom of casing 1, the aluminum inner container 3 is fitted in the inner cavity, the pottery inner container 4 is fitted in the inner cavity of the aluminum inner container 3, the lid 5 is fitted on the pottery inner container 4, the lid 5 is a die casting tempered glass lid, a stainless steel edge is fitted to the lid 5, thus the lid 5 is not easy to break. [0024] The rim 41 is provided on the pottery inner container 4, the lid 5 is buckled on the rim 41 of the pottery inner container 4, and the lid 5 at least can cover the opening part of the pottery inner container 4, and the lid 5 is buckled on the pottery inner container 4 and forms a heating
cavity 4a for heating food between the lid 5 and the pottery inner container 4. [0025] The heating body 9 is fitted surrounding the lower part of the aluminum inner container 3, the heating body 9 comprises the annular part 91 and the notch part 92, the notch part 92 is located in the middle position of the heating body 9, and fixing heads 93 are arranged on both ends of the annular part 91 close to the notch part 92, and the heating body 9 is fixed onto the aluminum inner container 3 through the fixing heads 93 here. [0026] The left handle 6 and the right handle 7 are fitted on the left side and the right side of the casing 1; the left handle 6 comprises the left grasping part 61 and the left fixing piece 62; the left grasping part 61 assumes a circular arc shape, and the left handle 6 is fixed to the left side of the casing 1 through the left fixing piece 62; the right handle 7 comprises the right grasping part 71 and the right fixing piece 72; the right grasping part 71 assumes a circular arc shape, the right fixing piece 72 and the left fixing piece 62 have a large contact area with the casing 1, thus they give comfortable touch and are not easy to slip down; the handles and the casing 1 have a large contact area, thus they are not easy to scald hands. [0027] To facilitate the fixing of base 2, at least one upward convex fixing pan 23 is fitted onto the base 2, fixing holes are provided on the fixing pan 23, rivets 24 are provided through the fixing holes; from here, it can be seen that the base 2, aluminum inner container 3 and casing 1 are connected together by the rivets. To facilitate heat conduction, the upward arched annular turnup 21 is provided at the base 2, the annular convex shoulder 22 is provided at the opening close to the base 2; the bottom of casing 1 leans against the base 2, a heat-conducting cavity is formed among the aluminum inner container 3, annular turnup 21 and casing 1, from here, it can be seen that a certain distance exists between the heat-conducting cavity and the casing 1, the heat-conducting cavity thus formed is conducting more easily. [0028] The power line 94 is fitted between the base and the casing 1, the heating body 9 is electrically connected with the PCB board 8 for controlling heating of the heating body 9, the PCB board 8 is electrically connected with the power line 94, a fixing groove 11 is provided in front of the casing 1, the shelter 81 is fitted in rear of the fixing groove 11, the mask 82 is fitted in front of the fixing groove 11, and the PCB board 8 is installed in a space enclosed by the fixing groove 11, shelter 81 and mask 82. [0029] The level button 84, the off-button 85, the time plus button 86 and the time minus button
87 are fitted onto the mask 82, respectively; the display digit screen 88 and three function indication lamps 89 are fitted in the middle part and the upper part of the mask 82, respectively; and the face cover 83 is pasted in front of the mask 82, the arrangement order of the three function indication lamps 89 on the PCB board 8 is: high temperature level/low temperature level/keep warm level, the PCB board 8 is a computerized intelligent control panel, is simply operated, a high-brightness display digital screen 88 is adopted and easily operated; after the set time enters the intelligent operation mode, a man needs not to wait beside it; more specifically, the function indication lamps 89 flicker in energization, turn off after one minute, has no heat output, the level buttons 84 can be selected in order: HIGH (high temperature level), LOW (low temperature level), WARM (keep warm level) are continuously switched; a corresponding lamp is bright during work; the minimum set time is 30 min, it is summed at a step length of 30 min for the time plus button 86, subtracted at a step length of 30 min at a step length of 30 min for the time minus button 87; it is displayed by count-down decrease during heating; after the HIGH, LOW heating time is over, the level button 84 is switched to WRAM. [0030] Advantages of the present invention consist in that it has a simple structure, simple operations, high safety and accurate temperature control; the casing is made of a stainless steel material; it is beautiful and dignified, has a high grade, is easily cleaned, and is sturdy and durable; the lid is made of a die casting tempered glass, has a stainless steel edge, is not easy to break, has a beautiful look, linear stripes and a novel style; the operating panel is a PCB computerized intelligent control panel, is simply operated, has an easily operated high-brightness digital display screen; after the setting time is in an intelligent operating mode, the cooker needs not to be manually operated, has good stability, is not easy to overturn, sturdy and dignified; a circular arc shape is adopted for the left handle and the right handle, the human body engineering is adopted for the external shape, the cooker is sturdy and durable, has good touch, is not easy to slip down; the contact area of the handles and the casing is large, therefore they are not easy to scald hands. [0031] The concrete embodiment example described in the text is only given as an example of the idea of present invention. Those skilled in the technical field of the present invention can make various modifications, supplements or similar substitutions of mode for the described concrete embodiment examples, but they will not deviate the scope defined by the spirit of present invention.
Fig. 1
10
Fig. 2
Fig. 3
11
Fig. 4
Fig. 5
12
Fig. 6
13
CN 101862110 A
June 25, 2013
14
Case Case 2:13-cv-02108-KHV-GLR 2:13-cv-02108-KHV-GLR Document Document 15-4 1-6Filed Filed 08/09/13 03/01/13Page Page 156 1 of of3 202
Exhibit 6

1
Case Case 2:13-cv-02108-KHV-GLR 2:13-cv-02108-KHV-GLR Document Document 15-4 1-6Filed Filed 08/09/13 03/01/13Page Page 157 2 of of3 202
LAW OFFICES
HOVEY WILLIAMS LLP

A LIM ITED LIA BILIT Y PA R T N ER SH IP O F PR O FESSIO N A L C O R PO R A T IO N S
Established 1929
IN T ELLEC T U A L PR O PER TY LA W U .S. & FO R EIG N PA T EN T S, TR A D EM A R K S, C O PY R IG H T S & U N FA IR C O M PET ITIO N C A U SES
Scott R. Brown (913) 647-9050 Ext. 5044 [email protected]
October 31, 2012 Via email (edward.manzo) and First Class Mail Edward D. Manzo, Esq. Husch Blackwell 120 South Riverside Plaza, Floor 22 Chicago, IL 60606-3912 Re: U.S. Design Patent No. D669,731 / Sensio, Inc.s Triple Oval Slow Cooker
Dear Mr. Manzo: As you may recall from our prior correspondence, this firm represent Select Brands, Inc. (Select Brands) in connection with intellectual property matters. In our prior correspondence, I advised that Select Brands had applied for a patent that will cover its multi-element slow cooker. Select Brands has now been issued U.S. Design Patent No. D669,731 (the D731 patent), which is directed to a multiple crock buffet server. A copy of the D731 patent is enclosed for your convenience. It has come to our attention that your company is selling multiple slow cooker products with features that appear to be identical to those disclosed and claimed in the D731 patent. These products include, at least, the following Bella brand slow cooker model numbers: Bella Slow Cooker Model Numbers from www.sensioinc.com/categories_entertaining.html 13408 13422 13490 13491 13493
Bella Slow Cooker Model Numbers from www.bellaappliances.com 13408

10801 MASTIN BOULEVARD , SUITE 1000 84 CORPORATE WOODS OVERLAND PARK , KANSAS 66210 T- 913-647-9050 F-913-647-9057 WWW .HOVEYWILLIAMS .COM
Case 2:13-cv-02108-KHV-GLR Document 1-6Filed Filed 03/01/13Page Page 3 of Case 2:13-cv-02108-KHV-GLR Document 15-4 08/09/13 158 of3 202 Edward D. Manzo, Esq. October 31, 2012 Page 2 13490 13493 13551 13557 13576 13581 13582 13583 13595 90035 90036
The D731 patent gives Select Brands the right to exclude others from making, using, selling, offering to sell and importing products that infringe the D731 patent. This includes selling or offering to sell infringing products over the Internet, in stores, in catalogs, etc. Select Brands is willing to resolve this matter amicably by making the D731 patent available for licensing. If Sensio Inc. wishes to explore a licensing arrangement for the D731 patent, please let me know by November 14, 2012. This letter is written without prejudice to any rights or remedies Select Brands may have with regard to its D731 patent. Very truly yours, HOVEY WILLIAMS LLP
By: Scott R. Brown SRB/RWS Enclosure
Case Case 2:13-cv-02108-KHV-GLR 2:13-cv-02108-KHV-GLR Document Document 15-4 1-7 Filed Filed 08/09/13 03/01/13 Page Page 159 1 of of 11 202
Exhibit 7

1
Case Case 2:13-cv-02108-KHV-GLR 2:13-cv-02108-KHV-GLRDocument Document 15-4 1-7 Filed Filed08/09/13 03/01/13 Page Page168 10 of of11 202
10
Case Case 2:13-cv-02108-KHV-GLR 2:13-cv-02108-KHV-GLRDocument Document 15-4 1-7 Filed Filed08/09/13 03/01/13 Page Page169 11 of of11 202
11

1
Case Case 2:13-cv-02108-KHV-GLR 2:13-cv-02108-KHV-GLR Document Document 15-41 Filed Filed08/09/13 03/01/13 Page Page175 1 ofof 7 202
IN THE UNITED STATES DISTRICT COURT DISTRICT OF KANSAS Select Brands, Inc., Plaintiff, v. Sensio, Inc. Defendant. ) ) ) ) ) ) ) )
Case No. ___________________ 13-cv-2108 KHV/GLR
JURY TRIAL DEMANDED
Plaintiff Select Brands, Inc. (Select Brands or Plaintiff) for its complaint against Defendant Sensio, Inc. (Sensio or Defendant) alleges and states as follows: JURISDICTION AND VENUE 1. 2. Jurisdiction over this action is founded upon and 28 U.S.C. 1331 and 1338. Venue is proper in this judicial district under 28 U.S.C. 1391(b) and (c) and 28
U.S.C. 1400(b). Sensio sold the products accused of infringement in this judicial district and has directed sales and marketing efforts toward this judicial district. Venue is additionally proper pursuant to 28 U.S.C. 1391(c), as an alien may be sued in any district. THE PARTIES 3. Plaintiff Select Brands is a corporation organized and existing under the laws of
Kansas and having its principal place of business at 10817 Renner Blvd., Lenexa, KS 66219 and doing business within this judicial district. 4. Based upon information and belief, Sensio is a corporation organized and existing
under the laws of Canada, with a business address of 1175 Place du Fere Andre, Montreal, Canada H3B3X9. Sensio also has offices located in the United States at 1410 Broadway, 34th Floor, New York, New York 10018.
Case 2:13-cv-02108-KHV-GLR Document 15-41 Filed Case 2:13-cv-02108-KHV-GLR Document Filed08/09/13 03/01/13 Page Page176 2 ofof 7 202
FACTUAL BACKGROUND 5. Select Brands is in the business of designing, manufacturing and selling kitchen
appliances. Select Brands sells its products under its own trademarks as well as manufactures private label products. 6. On October 30, 2012, U.S. Patent No. D669,731 (the D731 Patent), entitled
Multiple Crock Buffet Server, was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the D731 Patent is attached as Exhibit 1 and incorporated herein. Select Brands owns all right, title, and interest in and to the D731 Patent, including full rights to recover past and future damages thereunder. 7. On February 12, 2013, U.S. Patent No. D675,864 (the D864 Patent), entitled
Multiple Crock Buffet Server, was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the D864 Patent is attached as Exhibit 2 and incorporated herein. Select Brands owns all right, title, and interest in and to the D864 Patent, including full rights to recover past and future damages thereunder. 8. Select Brands is informed and believes, and therefore alleges that Sensio on its
own, or through inducement of others, is making, using, selling or offering for sale multiple crock servers that infringe upon the designs of and embody the subject matter claimed in Select Brands D731 and/or D864 Patents. Sensio models that infringe include, but may not be limited to the following model numbers: 13557; 13595; and 90036. (These products will collectively be referred to as Sensio Accused Products). Select Brands reserves the right to add models as they are inspected during discovery. True and accurate copies of photographs of the Sensio Accused Products are attached as Exhibits 3, 4 and 5, and incorporated by reference. 2
9.
Sensios offering for sale and sale of the Sensio Accused Products is without any
license from Select Brands and Sensio is thereby infringing Select Brands D731 and D864 Patents. 10. Sensio has received written notice of Select Brands proprietary rights in its
D731 Patent by way of a letter sent to Sensios counsel dated October 31, 2012 from counsel for Select Brands. A true and correct copy of that letter is attached as Exhibit 6 and incorporated herein. 11. Sensio has received written notice of Select Brands proprietary rights in its
D864 Patent by way of a letter sent to Sensios counsel dated February 12, 2013 from counsel for Select Brands. A true and correct copy of that letter is attached as Exhibit 7 and incorporated herein. COUNT I - PATENT INFRINGEMENT (U.S. Patent No. D669,731) 12. 13. The allegations of Paragraphs 1 -11 are incorporated by reference and re-alleged. Sensio, through its respective agents, employees and servants, has been and
currently are committing acts of direct infringement of the D731 Patent by making, using importing, selling and/or offering for sale the Sensio Accused Products and/or committing acts of indirect infringement of the D731 Patent by actively inducing and/or contributing to the infringement of the D731 Patent. In particular, the design claimed in the D731 Patent and the Sensio Accused Products are substantially the same such that an ordinary observer, giving such attention as a purchaser usually gives, would be deceived into believing that the Sensio Accused Products are the same as the design claimed in the D731 Patent, therefore inducing an ordinary
purchaser to purchase the Sensio Accused Products supposing them to be the design claimed in the D731 Patent. 14. Select Brands has been, and continues to be, greatly damaged by reasons of these
acts of infringement. 15. Upon information and belief, Select Brands claims that Sensio has willfully
infringed upon Select Brands exclusive rights under the D731 Patent, with full notice and knowledge thereof. 16. Upon information and belief, Sensio, from its infringing activities, has received
and will continue to receive gains, profits and advantages, in an amount not presently known to Select Brands. 17. Select Brands has suffered and will continue to suffer irreparable harm in its trade
and business as a result of Sensios infringement of the D731 Patent, for which Select Brands is entitled to both preliminary and permanent injunctive relief pursuant to 35 U.S.C. 283. 18. Select Brands has suffered and will continue to suffer monetary damages, in an
amount not yet presently known, as a result of Sensios infringement of the D731 Patent. 19. Select Brands is entitled to monetary damages pursuant to 35 U.S.C. 284 in an
amount to be proven at trial as well as Sensios profits on the Sensio Accused Products pursuant to 35 U.S.C. 289. COUNT II - PATENT INFRINGEMENT (U.S. Patent No. D675,864) 20. 21. The allegations of Paragraphs 1 - 19 are incorporated by reference and re-alleged. Sensio, through its respective agents, employees and servants, has been and
Case 2:13-cv-02108-KHV-GLR Document 15-41 Filed Case 2:13-cv-02108-KHV-GLR Document Filed08/09/13 03/01/13 Page Page179 5 ofof 7 202
currently are committing acts of direct infringement of the D864 Patent by making, using importing, selling and/or offering for sale the Sensio Accused Products and/or committing acts of indirect infringement of the D864 Patent by actively inducing and/or contributing to the infringement of the D864 Patent. In particular, the design claimed in the D864 Patent and the Sensio Accused Products are substantially the same such that an ordinary observer, giving such attention as a purchaser usually gives, would be deceived into believing that the Sensio Accused Products are the same as the design claimed in the D864 Patent, therefore inducing an ordinary purchaser to purchase the Sensio Accused Products supposing them to be the design claimed in the D864 Patent. 22. Select Brands has been, and continues to be, greatly damaged by reasons of these
acts of infringement. 23. Upon information and belief, Select Brands claims that Sensio has willfully
infringed upon Select Brands exclusive rights under the D864 Patent, with full notice and knowledge thereof. 24. Upon information and belief, Sensio, from its infringing activities, has received
and will continue to receive gains, profits and advantages, in an amount not presently known to Select Brands. 25. Select Brands has suffered and will continue to suffer irreparable harm in its trade
and business as a result of Sensios infringement of the D864 Patent, for which Select Brands is entitled to both preliminary and permanent injunctive relief pursuant to 35 U.S.C. 283. 26. Select Brands has suffered and will continue to suffer monetary damages, in an
amount not yet presently known, as a result of Sensios infringement of the D864 Patent. 5
27.
Select Brands is entitled to monetary damages pursuant to 35 U.S.C. 284 in an
amount to be proven at trial as well as Sensios profits on the Sensio Accused Products pursuant to 35 U.S.C. 289.
PRAYER FOR RELIEF Wherefore, Select Brands requests entry of judgment in its favor and against Sensio as follows: A. Enter judgment that Sensio has directly and/or indirectly infringed the claims of
the D731 and D864 Patents: B. Enjoin Sensio and its officers, agents, servants, employees, and those persons in
active concert or participation with them who receive actual notice of the order by personal service or otherwise, from any infringement of the D731 and D864 Patents, whether direct or indirect; C. Award to Select Brands the total profits realized by Sensio on the Sensio Products
that infringe the D731 or D864 Patents, pursuant to 35 U.S.C. 289; D. Award damages to compensate Select Brands for Sensios infringement of the
D731 and D864 Patents pursuant to 35 U.S.C. 284; E. F. Award to Select Brands enhanced damages pursuant to 35 U.S.C. 284; Award to Select Brands pre-judgment and post-judgment interest and costs in
accordance with 35 U.S.C. 284; G. and 6 Award to Select Brands its reasonable attorneys fees pursuant to 35 U.S.C. 285;
H.
For any such other relief as the Court may deem just, proper and equitable under
the circumstances.
DEMAND FOR JURY TRIAL Select Brands respectfully demands a trial by jury on all claims and issues so triable.
Dated: March 1, 2013
Respectfully Submitted, s/ Scott R. Brown Scott R. Brown, KS Bar #23,395 Michael Elbein, KS Bar #23,317 Matthew B. Walters, KS Bar #23,514 HOVEY WILLIAMS LLP 10801 Mastin Boulevard, Suite 1000 84 Corporate Woods Overland Park, Kansas 66210 T: (913) 647 9050 F: (913) 647 9057 [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFF SELECT BRANDS, INC.

USO0D675864S
(12) United States Design Patent (10) Patent N0.2

Endres et a].
(54) MULTIPLE CROCK BUFFET SERVER
US D675,864 S
4* Feb. 12, 2013
(45) Date of Patent:

(56)
References Cited
U.S. PATENT DOCUMENTS
D635,8l8 s
D667,680 s
(75) Inventors: W. Eric Endres, Olathe, KS (US); Mark

_
*
*
4/2011
9/2012
Tse .............................. .. 137/357
T-Krasne, Kansasclty, MO (Us);

-
D666,454 s *
2002/0033390 Al*
9/2012 Lavy et a1.
137/364
Bock ........................ .. 137/354
Wllham 5 Endres Leawood KS (Us)
3/2002 Von Mosshaim ...... .. 219/45211
(73) Assignee: Select Brands, Inc., Lenexa, KS (U S)

**
* Cited by examiner
Primary Examiner * Ricky Pham
Term:
14 Years
(74) Attorney, Agent, or Firm * Hovey Williams LLP
(57)
(21) APP1~ N05 29/429,230
CLAIM
The ornamental design for a multiple crock buffet server, as shown and described.
Related US, Application Data
FIG. 1 is a front perspective of a multiple crock buffet server
embodying our design;

(63)
51
Continuation of application No, 29/383,204, ?led on

Jan 13 2011 HOW Pat NO Des 66973 1'
LOC 9 Cl. ................................................ .. 07-02
FIG. 2 is a rear perspective of the multiple crock buffet server shoWn in FIG. 1; FIG. 3 is a top vieW of the multiple crock buffet server shoWn
( )
FIG. 4 is a front elevation of the multiple crock buffet server

shown in FIGS 1-3;
in FIGS 1 and 2;
(52)
US. Cl. .......................... .. D7/364; D7/354; D7/362
(58)
Field of Classi?cation Search

""""""""" "
D7623
FIG. 5 is a right side elevation of the multiple crock buffet

server shoWn in FIGS. 1-4;
D7/329i332, 337*339, 346*347, 350-1*350-4, 137/3534367 3914395 4024406 538 5424543
FIG. 6 is a rear elevation of the multiple crock buffet server ShOWnin FIGS-15mm
FIG. 7 is a left side elevation of the multiple crock buffet
996244325, 3304332, 3374340, 369, 4004418,
server Shown in FIGS 1_6_
99/422, 425, 444, 483; 126/37 R, 41 R, 261,

_ _
Thebrokenlines shoWing theheated serverbaseunithousing,

server control knobs, oval insert lids received by the boWl
126/3781 206601505 507*508 219/387 219/400, 405, 429442, 45211, 620*624,

219/725 73%735; 220/315 5731*5735
inserts, oval liners that receive the boWl inserts, outer handle surfaces of each boWl insert, and a radial groove of each boWl
insert are shoWn for illustrative purposes only and form no
220/912; 426/438 441

See application ?le for complete search history.
part ofthe claimed design.

1 Claim, 7 Drawing Sheets
US. Patent
Feb. 12, 2013
Sheet 1 of7
US D675,864 S
2a.i5%?
k6;
US. Patent
Feb. 12, 2013
Sheet 2 of7
US D675,864 S
US. Patent
Feb. 12, 2013
Sheet 3 of7
US D675,864 S
US. Patent
Feb. 12, 2013
Sheet 4 of7
US D675,864 S
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1.1.:
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US. Patent
Feb. 12, 2013
Sheet 5 of7
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US. Patent
Feb. 12, 2013
Sheet 7 of7
US D675,864 S
EXHIBIT 4

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Case 2:13-cv-02108-KHV-GLR Document 15 Filed 08/09/13 Page 1 of 17

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:13-cv-02108-KHV-GLR Document 15 Filed 08/09/13 Page 2 of 17

Case 2:13-cv-02108-KHV-GLR Document 15 Filed 08/09/13 Page 3 of 17

Fig. 3 (top view)

Fig. 4 (enlarged front view)

Case 2:13-cv-02108-KHV-GLR Document 15 Filed 08/09/13 Page 4 of 17

Case 2:13-cv-02108-KHV-GLR Document 15 Filed 08/09/13 Page 5 of 17

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First Embodiment of 731

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Dated this 9th day of August 2013.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

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Dated: August 9, 2013

/s/ Elizabeth D. Ferrill Elizabeth D. Ferrill

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BEFORE THE PATENT TRIAL AND APPEAL BOARD

SENSIO INC. Petitioner v. SELECT BRANDS, INC. Patent Owner

PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. D669,731

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Appendix - List of Exhibits Certificate of Service

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Telephone: 202-408-4098 Facsimile: 202-408-4400 E-mail: [email protected]; [email protected] III.

Telephone: 202-408-4445 Facsimile: 202-408-4400 E-mail: [email protected]; [email protected]

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Publication/ Issue Date Apr. 21, 2010 July 14, 2010

Nov. 17, 2010

Sept. 16, 2009

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Egyptian Goddess, 534 F.3d at 675, 681. B. Obviousness

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