Loggerhead Tools, LLC v. Sears Holdings Corporation

Filing 456

MOTION by Defendants Apex Tool Group, LLC, Sears Holdings Corporation, Counter Claimants Apex Tool Group, LLC, Sears Holdings Corporation for judgment as a Matter of Law (Attachments: # 1 Table of Appendices, # 2 Appendix 1, # 3 Appe ndix 2-1, # 4 Appendix 2-2, # 5 Appendix 2-3, # 6 Appendix 2-4, # 7 Appendix 2-5, # 8 Appendix 2-6, # 9 Appendix 2-7, # 10 Appendix 2-8, # 11 Appendix 2-9, # 12 Appendix 2-10, # 13 Appendix 3 - PTX 1, # 14 Appendix 3 - PTX 3, # 15 Appendix 3 - PTX 4, # 16 Appendix 3 - PTX 51, # 17 Appendix 3 - PTX 119, # 18 Appendix 3 - PTX 157, # 19 Appendix 3 - PTX 175, # 20 Appendix 3 - PTX 467, # 21 Appendix 3 - PTX 503, # 22 Appendix 4 - DTX 1, # 23 Appendix 4 - DTX 2 , # 24 Appendix 4 - DTX 3, # 25 Appendix 4 - DTX 5, # 26 Appendix 4 - DTX 7, # 27 Appendix 4 - DTX 8R, # 28 Appendix 4 - DTX 9, # 29 Appendix 4 - DTX 9R, # 30 Appendix 4 - DTX 11, # 31 Appendix 4 - DTX 11R, # 32 Appendix 4 - DTX 23, # 33 Appendix 4 - DTX 24, # 34 Appendix 4 - DTX 74, # 35 Appendix 4 - DTX 75, # 36 Appendix 4 - DTX 212, # 37 Appendix 4 - DTX 213, # 38 Appendix 5)(Sernel, Marcus)

APPENDIX 5

Dr. Frank Fronczak
Direct Examination
May 9, 2017

1

Dr. Frank Fronczak
Education and Training
B.S. General Engineering
(1972) University of Illinois at Urbana-Champaign

M.S., Theoretical & Applied Mechanics
(1974) University of Illinois at Urbana-Champaign

Doctor of Engineering
(1977) University of Kansas

NASA
Engineer

2

Dr. Frank Fronczak
Employment
Johnson & Johnson Co.
Engineer

Clark, Deitz & Associates
Project Engineer

U.S. Department of Agriculture
Engineer

University of Wisconsin – Madison
Professor of Mechanical Engineering

3

Dr. Frank Fronczak
Achievements
Published over 100 papers, articles, and
technical presentations
Inventor on 8 United States patents or
patent applications
Awards received:
•
•
•
•

USDA Superior Service Award
SAE Fellow
Benjamin Smith Reynolds Award
U.W. Teaching Academy

4

No Infringement
Asserted Claims: ‘579 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates
movement of at least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first
opening, at least one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an
arm portion configured to engage one of said at least one guide and a force transfer element
contiguous with the arm portion;

X

the second element including an actuation portion having a second opening concentric with the first
opening and at least one slot disposed adjacent the second opening external thereto,
each said at least one slot having a first section configured to engage the force transfer element of
one said at least one grinning element,
such that movement of the second element with respect to the first element actuates each at least
one first section to contact and move each respective force transfer element thereby actuating each
said at least one gripping element along respective said at least one guide.
5

No Infringement
Asserted Claims: ‘579 Patent – Claim 9

9. The gripping tool as recited in claim 1, wherein the gripping
portion and actuation portion circumferentially engage the workpiece.

X

6

No Infringement
Asserted Claims: ‘579 Patent – Claim 16
16. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates movement of at
least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first opening, at least
one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an arm portion
configured to engage one of said at least one guide and a force transfer element contiguous with the arm portion;

X

the second element including an actuation portion having a second opening concentric with the first opening and at
least one slot disposed adjacent the second opening,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one
gripping element along respective said at least one guide;
wherein movement of the at least one gripping element in curvilinear.
7

No Infringement
Asserted Claims: ‘470 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
(a) a first element and a second element connected for relative movement which generates movement of at least
one gripping element;
(b) the first element including a gripping portion configured to engage the work piece including at least one guide
defined in the gripping portion and said at least one gripping element;
(c) each at least one gripping element including a body portion adapted for engaging the work piece, an arm portion
configured to engage one said at least one guide and a force transfer element contiguous with the arm portion;

X

(d) the second element including an actuation portion having at least one slot therein,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one grip
ping element along respective said at least one guide,
wherein the first element further includes at least one aligning element such that each said at least one aligning
element is disposed between an adjacent pair of guides and extends parallel to the force transfer elements.

X
8

No Infringement
Asserted Claims: ‘470 Patent – Claim 9

9. The gripping tool as recited in claim 1, wherein movement of said
at least one gripping element is curvilinear.

X

9

Arm and Body Portions
‘470 Patent, Fig. 1

‘470 Pat. at Col. 5, Ln. 25-29

‘579 Patent, Fig. 1

‘579 Pat. at Col. 4, Ln. 5-9
10

Claim Construction
Memorandum Opinion and Order

“arm portion”

at 22

“body portion”

at 22

11

Arm and Body Portions
‘579 Patent

‘470 Patent

‘579 Pat. at Col. 8, Ln. 58-62

“arm portion”

‘470 Pat. at Col. 18, Ln. 43-47

Memorandum
Opinion and Order

at 22

“body portion”

at 22
12

Max Axess Locking Wrench Gripping Element

Loggerhead (ARM)

‘470 Pat., Fig. 1 [Excerpt]

Max Axess Locking Wrench
Gripping Element

MALW

13

Arm and Body Portions – Loggerhead’s Statement
Response to Pending 35 U.S.C § 102(b) Rejection
[Loggerhead]

Buchanan (No Arm)

Loggerhead (Arm)

‘925 Pat., Fig. 4

DTX 73

‘470 Pat., Fig. 1 [Excerpt]
14

Arm and Body Portions – Loggerhead’s Statement
Response to Pending
35 U.S.C § 102(b) Rejection

DTX 73 (LH-00001837)

15

Max Axess Locking Wrench Gripping Element

Buchanan (NO ARM)

‘925 Pat., Fig. 4

Max Axess Locking Wrench
Gripping Element

MALW

16

Max Axess Locking Wrench Gripping Element
Buchanan (NO ARM)

Loggerhead (ARM)

‘925 Pat., Fig. 4

‘470 Pat., Fig. 1 [Excerpt]

Max Axess Locking Wrench
Gripping Element

MALW
17

No Infringement
Asserted Claims: ‘470 Patent – Claims 1 & 9

18

No Infringement
Asserted Claims: ‘470 Patent – Claims 1 & 9

19

State of the Art
‘549 Patent (Djidics)
1946

DTX 76
20

State of the Art
‘549 Patent (Wisenburg)
1921

DTX 80

21

Brown Not First to Use Shutter

‘837 Patent (Harris)
March 1, 1898

DTX 77

‘263 Patent (Whitesell)
November 16, 1993

Brown
2004

DTX 88

22

Buchanan Patent Prior Invention
‘579 Patent

Buchanan Prior Invention

DTX 75
23

Buchanan Patent Prior Invention
‘579 Patent – Claim 1

Buchanan Prior Invention
The present invention
relates to a multifunctional
tool, more especially
adapted for use in the
insulated electrical wire art.
‘925 Pat. at Col. 1, Ln. 14-16
It is a further object of
this invention to provide
an improved crimper
capable of providing
effective pressure over
considerable area….
‘925 Pat. at Col. 1, Ln. 36-38

24

Invalidity
Asserted Claims: ‘579 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates
movement of at least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first
opening, at least one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an
arm portion configured to engage one of said at least one guide and a force transfer element
contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first
opening and at least one slot disposed adjacent the second opening external thereto,
each said at least one slot having a first section configured to engage the force transfer element of
one said at least one grinning element,
such that movement of the second element with respect to the first element actuates each at least
one first section to contact and move each respective force transfer element thereby actuating each
said at least one gripping element along respective said at least one guide.
25

Buchanan Patent Prior Invention
‘579 Patent – Claim 1

Buchanan Prior Invention

First Element
Second Element
Gripping Element

second element:
a second grasping portion containing an opening
concentric with an opening within one end of a first
element, and an actuation portion, and at least one slot
defined within one end of the second grasping portion

26

Invalidity
Asserted Claims: ‘579 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates
movement of at least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first
opening, at least one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an
arm portion configured to engage one of said at least one guide and a force transfer element
contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first
opening and at least one slot disposed adjacent the second opening external thereto,
each said at least one slot having a first section configured to engage the force transfer element of
one said at least one grinning element,
such that movement of the second element with respect to the first element actuates each at least
one first section to contact and move each respective force transfer element thereby actuating each
said at least one gripping element along respective said at least one guide.
27

Buchanan Patent Prior Invention
‘579 Patent – Claim 1

Buchanan Prior Invention

First Element
Gripping Element

28

Invalidity
Asserted Claims: ‘579 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates
movement of at least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first
opening, at least one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an
arm portion configured to engage one of said at least one guide and a force transfer element
contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first
opening and at least one slot disposed adjacent the second opening external thereto,
each said at least one slot having a first section configured to engage the force transfer element of
one said at least one grinning element,
such that movement of the second element with respect to the first element actuates each at least
one first section to contact and move each respective force transfer element thereby actuating each
said at least one gripping element along respective said at least one guide.
29

Buchanan Patent Prior Invention
‘579 Patent – Claim 1

Buchanan Prior Invention

Gripping Element

30

Invalidity
Asserted Claims: ‘579 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates
movement of at least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first
opening, at least one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an
arm portion configured to engage one of said at least one guide and a force transfer element
contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first
opening and at least one slot disposed adjacent the second opening external thereto,
each said at least one slot having a first section configured to engage the force transfer element of
one said at least one grinning element,
such that movement of the second element with respect to the first element actuates each at least
one first section to contact and move each respective force transfer element thereby actuating each
said at least one gripping element along respective said at least one guide.
31

Buchanan Patent Prior Invention
‘579 Patent – Claim 1

Buchanan Prior Invention

Second Element

actuation portion:
portion of second element that facilitates movement of the
gripping element

32

Invalidity
Asserted Claims: ‘579 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates
movement of at least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first
opening, at least one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an
arm portion configured to engage one of said at least one guide and a force transfer element
contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first
opening and at least one slot disposed adjacent the second opening external thereto,
each said at least one slot having a first section configured to engage the force transfer element of
one said at least one grinning element,
such that movement of the second element with respect to the first element actuates each at least
one first section to contact and move each respective force transfer element thereby actuating each
said at least one gripping element along respective said at least one guide.
33

Buchanan Patent Prior Invention
‘579 Patent – Claim 1

Buchanan Prior Invention

Second Element
Gripping Element

34

Invalidity
Asserted Claims: ‘579 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates
movement of at least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first
opening, at least one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an
arm portion configured to engage one of said at least one guide and a force transfer element
contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first
opening and at least one slot disposed adjacent the second opening external thereto,
each said at least one slot having a first section configured to engage the force transfer element of
one said at least one grinning element,
such that movement of the second element with respect to the first element actuates each at least
one first section to contact and move each respective force transfer element thereby actuating each
said at least one gripping element along respective said at least one guide.
35

Buchanan Patent Prior Invention
‘579 Patent – Claim 1

Buchanan Prior Invention

First Element
Second Element
Gripping Element

36

Invalidity
Asserted Claims: ‘579 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates
movement of at least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first
opening, at least one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an
arm portion configured to engage one of said at least one guide and a force transfer element
contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first
opening and at least one slot disposed adjacent the second opening external thereto,
each said at least one slot having a first section configured to engage the force transfer element of
one said at least one grinning element,
such that movement of the second element with respect to the first element actuates each at least
one first section to contact and move each respective force transfer element thereby actuating each
said at least one gripping element along respective said at least one guide.
37

Buchanan Patent Prior Invention
‘579 Patent – Claim 9

Buchanan Prior Invention

38

Invalidity
Asserted Claims: ‘579 Patent – Claim 9

9. The gripping tool as recited in claim 1, wherein the gripping
portion and actuation portion circumferentially engage the workpiece.

39

Invalidity
Asserted Claims: ‘579 Patent – Claim 16

PTX001, Claim 16
40

Buchanan Patent Prior Invention
‘579 Patent – Claim 16

Buchanan Prior Invention
The present invention
relates to a multifunctional
tool, more especially
adapted for use in the
insulated electrical wire art.
‘925 Pat. at Col. 1, Ln. 14-16
It is a further object of
this invention to provide
an improved crimper
capable of providing
effective pressure over
considerable area….
‘925 Pat. at Col. 1, Ln. 36-38

41

Invalidity
Asserted Claims: ‘579 Patent – Claim 16
16. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates movement of at
least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first opening, at least
one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an arm portion
configured to engage one of said at least one guide and a force transfer element contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first opening and at
least one slot disposed adjacent the second opening,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one
gripping element along respective said at least one guide;
wherein movement of the at least one gripping element in curvilinear.
42

Buchanan Patent Prior Invention
‘579 Patent – Claim 16

Buchanan Prior Invention

First Element
Second Element
Gripping Element

second element:
a second grasping portion containing an opening
concentric with an opening within one end of a first
element, and an actuation portion, and at least one slot
defined within one end of the second grasping portion

43

Invalidity
Asserted Claims: ‘579 Patent – Claim 16
16. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates movement of at
least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first opening, at least
one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an arm portion
configured to engage one of said at least one guide and a force transfer element contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first opening and at
least one slot disposed adjacent the second opening,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one
gripping element along respective said at least one guide;
wherein movement of the at least one gripping element in curvilinear.
44

Buchanan Patent Prior Invention
‘579 Patent – Claim 16

Buchanan Prior Invention

First Element
Gripping Element

45

Invalidity
Asserted Claims: ‘579 Patent – Claim 16
16. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates movement of at
least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first opening, at least
one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an arm portion
configured to engage one of said at least one guide and a force transfer element contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first opening and at
least one slot disposed adjacent the second opening,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one
gripping element along respective said at least one guide;
wherein movement of the at least one gripping element in curvilinear.
46

Buchanan Patent Prior Invention
‘579 Patent – Claim 16

Buchanan Prior Invention

Gripping Element

47

Invalidity
Asserted Claims: ‘579 Patent – Claim 16
16. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates movement of at
least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first opening, at least
one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an arm portion
configured to engage one of said at least one guide and a force transfer element contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first opening and at
least one slot disposed adjacent the second opening,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one
gripping element along respective said at least one guide;
wherein movement of the at least one gripping element in curvilinear.
48

Buchanan Patent Prior Invention
‘579 Patent – Claim 16

Buchanan Prior Invention

Second Element

49

Invalidity
Asserted Claims: ‘579 Patent – Claim 16
16. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates movement of at
least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first opening, at least
one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an arm portion
configured to engage one of said at least one guide and a force transfer element contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first opening and at
least one slot disposed adjacent the second opening,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one
gripping element along respective said at least one guide;
wherein movement of the at least one gripping element in curvilinear.
50

Buchanan Patent Prior Invention
‘579 Patent – Claim 16

Buchanan Prior Invention

Second Element
Gripping Element

51

Invalidity
Asserted Claims: ‘579 Patent – Claim 16
16. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates movement of at
least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first opening, at least
one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an arm portion
configured to engage one of said at least one guide and a force transfer element contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first opening and at
least one slot disposed adjacent the second opening,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one
gripping element along respective said at least one guide;
wherein movement of the at least one gripping element in curvilinear.
52

Buchanan Patent Prior Invention
‘579 Patent – Claim 16

Buchanan Prior Invention

First Element
Second Element
Gripping Element

53

Invalidity
Asserted Claims: ‘579 Patent – Claim 16
16. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates movement of at
least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first opening, at least
one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an arm portion
configured to engage one of said at least one guide and a force transfer element contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first opening and at
least one slot disposed adjacent the second opening,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one
gripping element along respective said at least one guide;
wherein movement of the at least one gripping element in curvilinear.
54

Buchanan Patent Prior Invention
‘579 Patent – Claim 16

Buchanan Prior Invention

First Element
Second Element
Gripping Element

55

Invalidity
Asserted Claims: ‘579 Patent – Claim 16
16. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
a first element and a second element connected for relative angular movement which generates movement of at
least one gripping element;
the first element including a gripping portion configured to engage the workpiece including a first opening, at least
one guide extending from the first opening and the at least one gripping element;
each at least one gripping element including a body portion adapted for engaging the workpiece, an arm portion
configured to engage one of said at least one guide and a force transfer element contiguous with the arm portion;
the second element including an actuation portion having a second opening concentric with the first opening and at
least one slot disposed adjacent the second opening,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one
gripping element along respective said at least one guide;
wherein movement of the at least one gripping element in curvilinear.
56

Buchanan Patent Prior Invention
‘470 Patent

Buchanan Prior Invention

57

Invalidity
Asserted Claims: ‘470 Patent – Claim 1

PTX001, Claim 1
58

Invalidity
Asserted Claims: ‘470 Patent – Claim 1

PTX003, Claim 1
59

Buchanan Patent Prior Invention
‘470 Patent – Claim 1

Buchanan Prior Invention
The present invention
relates to a multifunctional
tool, more especially
adapted for use in the
insulated electrical wire art.
‘925 Pat. at Col. 1, Ln. 14-16
It is a further object of
this invention to provide
an improved crimper
capable of providing
effective pressure over
considerable area….
‘925 Pat. at Col. 1, Ln. 36-38

60

Invalidity
Asserted Claims: ‘470 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
(a) a first element and a second element connected for relative movement which generates movement of at least
one gripping element;
(b) the first element including a gripping portion configured to engage the work piece including at least one guide
defined in the gripping portion and said at least one gripping element;
(c) each at least one gripping element including a body portion adapted for engaging the work piece, an arm portion
configured to engage one said at least one guide and a force transfer element contiguous with the arm portion;
(d) the second element including an actuation portion having at least one slot therein,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one grip
ping element along respective said at least one guide,
wherein the first element further includes at least one aligning element such that each said at least one aligning
element is disposed between an adjacent pair of guides and extends parallel to the force transfer elements.
61

Buchanan Patent Prior Invention
‘470 Patent – Claim 1

Buchanan Prior Invention

First Element
Second Element
Gripping Element

62

Invalidity
Asserted Claims: ‘470 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
(a) a first element and a second element connected for relative movement which generates movement of at least
one gripping element;
(b) the first element including a gripping portion configured to engage the work piece including at least one guide
defined in the gripping portion and said at least one gripping element;
(c) each at least one gripping element including a body portion adapted for engaging the work piece, an arm portion
configured to engage one said at least one guide and a force transfer element contiguous with the arm portion;
(d) the second element including an actuation portion having at least one slot therein,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one grip
ping element along respective said at least one guide,
wherein the first element further includes at least one aligning element such that each said at least one aligning
element is disposed between an adjacent pair of guides and extends parallel to the force transfer elements.
63

Buchanan Patent Prior Invention
‘470 Patent – Claim 1

Buchanan Prior Invention

First Element
Gripping Element

64

Invalidity
Asserted Claims: ‘470 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
(a) a first element and a second element connected for relative movement which generates movement of at least
one gripping element;
(b) the first element including a gripping portion configured to engage the work piece including at least one guide
defined in the gripping portion and said at least one gripping element;
(c) each at least one gripping element including a body portion adapted for engaging the work piece, an arm portion
configured to engage one said at least one guide and a force transfer element contiguous with the arm portion;
(d) the second element including an actuation portion having at least one slot therein,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one grip
ping element along respective said at least one guide,
wherein the first element further includes at least one aligning element such that each said at least one aligning
element is disposed between an adjacent pair of guides and extends parallel to the force transfer elements.
65

Buchanan Patent Prior Invention
‘470 Patent – Claim 1

Buchanan Prior Invention

Gripping Element

66

Invalidity
Asserted Claims: ‘470 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
(a) a first element and a second element connected for relative movement which generates movement of at least
one gripping element;
(b) the first element including a gripping portion configured to engage the work piece including at least one guide
defined in the gripping portion and said at least one gripping element;
(c) each at least one gripping element including a body portion adapted for engaging the work piece, an arm portion
configured to engage one said at least one guide and a force transfer element contiguous with the arm portion;
(d) the second element including an actuation portion having at least one slot therein,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one grip
ping element along respective said at least one guide,
wherein the first element further includes at least one aligning element such that each said at least one aligning
element is disposed between an adjacent pair of guides and extends parallel to the force transfer elements.
67

Buchanan Patent Prior Invention
‘470 Patent – Claim 1

Buchanan Prior Invention

Second Element

actuation portion:
portion of second element integral to and formed within
the tool head of the second element that facilitates
movement of the gripping element

68

Invalidity
Asserted Claims: ‘470 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
(a) a first element and a second element connected for relative movement which generates movement of at least
one gripping element;
(b) the first element including a gripping portion configured to engage the work piece including at least one guide
defined in the gripping portion and said at least one gripping element;
(c) each at least one gripping element including a body portion adapted for engaging the work piece, an arm portion
configured to engage one said at least one guide and a force transfer element contiguous with the arm portion;
(d) the second element including an actuation portion having at least one slot therein,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one grip
ping element along respective said at least one guide,
wherein the first element further includes at least one aligning element such that each said at least one aligning
element is disposed between an adjacent pair of guides and extends parallel to the force transfer elements.
69

Buchanan Patent Prior Invention
‘470 Patent – Claim 1

Buchanan Prior Invention

Second Element
Gripping Element

second element:
a second part containing a grasping portion and tool head
at one end of the grasping portion, where formed within
and integral to the tool head is an opening concentric with
an opening within one end of a first element, and an
actuation portion, and at least one slot
70

Invalidity
Asserted Claims: ‘470 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
(a) a first element and a second element connected for relative movement which generates movement of at least
one gripping element;
(b) the first element including a gripping portion configured to engage the work piece including at least one guide
defined in the gripping portion and said at least one gripping element;
(c) each at least one gripping element including a body portion adapted for engaging the work piece, an arm portion
configured to engage one said at least one guide and a force transfer element contiguous with the arm portion;
(d) the second element including an actuation portion having at least one slot therein,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one grip
ping element along respective said at least one guide,
wherein the first element further includes at least one aligning element such that each said at least one aligning
element is disposed between an adjacent pair of guides and extends parallel to the force transfer elements.
71

Buchanan Patent Prior Invention
‘470 Patent – Claim 1

Buchanan Prior Invention

First Element
Second Element
Gripping Element

72

Invalidity
Asserted Claims: ‘470 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
(a) a first element and a second element connected for relative movement which generates movement of at least
one gripping element;
(b) the first element including a gripping portion configured to engage the work piece including at least one guide
defined in the gripping portion and said at least one gripping element;
(c) each at least one gripping element including a body portion adapted for engaging the work piece, an arm portion
configured to engage one said at least one guide and a force transfer element contiguous with the arm portion;
(d) the second element including an actuation portion having at least one slot therein,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one grip
ping element along respective said at least one guide,
wherein the first element further includes at least one aligning element such that each said at least one aligning
element is disposed between an adjacent pair of guides and extends parallel to the force transfer elements.
73

Buchanan Patent Prior Invention
‘470 Patent – Claim 1

Buchanan Prior Invention

First Element

74

Buchanan Patent Prior Invention
‘470 Patent – Claim 1

Buchanan Prior Invention

First Element
75

Invalidity
Asserted Claims: ‘470 Patent – Claim 1
1. An adjustable gripping tool for engaging a workpiece to impart work thereto, the tool comprising:
(a) a first element and a second element connected for relative movement which generates movement of at least
one gripping element;
(b) the first element including a gripping portion configured to engage the work piece including at least one guide
defined in the gripping portion and said at least one gripping element;
(c) each at least one gripping element including a body portion adapted for engaging the work piece, an arm portion
configured to engage one said at least one guide and a force transfer element contiguous with the arm portion;
(d) the second element including an actuation portion having at least one slot therein,
each said at least one slot having a first section configured to engage the force transfer element of one said at
least one gripping element,
such that movement of the second element with respect to the first element actuates each at least one first
section to contact and move each respective force transfer element thereby actuating each said at least one grip
ping element along respective said at least one guide,
wherein the first element further includes at least one aligning element such that each said at least one aligning
element is disposed between an adjacent pair of guides and extends parallel to the force transfer elements.
76

Buchanan Patent Prior Invention
‘470 Patent – Claim 9

Buchanan Prior Invention

First Element
Second Element
Gripping Element

77

Invalidity
Asserted Claims: ‘470 Patent – Claim 9

9. The gripping tool as recited in claim 1, wherein movement of said
at least one gripping element is curvilinear.

78

Dr. Frank Fronczak
Direct Examination
May 9, 2017

79