Citations
- 458 F. Supp. 2d 890
Full opinion text
ORDER ON DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT
MCKINNEY, Chief Judge.
This cause is now before the Court on defendants’, Dorel Industries, Inc. (“DU”) and Dorel Juvenile Group, Inc. (“Dorel Juvenile”) (defendants collectively, “Do-rel”), Motion for Summary Judgment of Invalidity and Motion for Summary Judgment of Noninfringement, and Dll’s Motion for Summary Judgment challenging parent liability and induced infringement. Plaintiff, Indiana Mills & Manufacturing, Inc. (“IMMI”), opposes each of the motions.
For the reasons discussed herein the Court DENIES Dll’s Motion for Summary Judgment, GRANTS Dorel’s Motion for Summary Judgment of Noninfringement, and DENIES Dorel’s Motion for Summary Judgment on Invalidity. The Court also DENIES as MOOT Dorel’s Motion for Summary Judgment on IMMI’s Claim of Willful Infringement, DENIES as MOOT IMMI’s Motion for Reconsideration, and DENIES as MOOT Dorel’s Motion for In Camera Review of Schiff Hardin Work Product to the extent such motion remains under advisement.
I. BACKGROUND
A. THE PARTIES
IMMI is an Indiana corporation with its principal place of business in Westfield, Indiana. Compl. ¶ 2. IMMI owns the patent at issue in this case, U.S. Patent No. 4,660,889 (the “ ’889 patent”).
DII is a Canadian corporation with its principal place of business in Montreal, Canada. Lisio Decl. ¶ 3. Although DII’s divisions and subsidiaries employ approximately 5,000 employees worldwide, all of Dll’s employees reside in Canada. Id. ¶ 5. In Security and Exchange Commission (“SEC”) filings DII refers to itself and its subsidiaries as “Dorel.” Pl.’s DII Part. Mot. for Summ. J. Exh. 9, Dorel Indus. Inc. 2003 Annual Renewal Form (“Pl.’s DII Exh. 9”).
DII does not pay the salaries of employees of its subsidiaries. Lisio Decl. ¶ 8. Nor does DII exercise any day-to-day control over the design, manufacturing or distribution practices of its subsidiaries located in the United States. Id. ¶ 5; Rana Decl. ¶ 7. However, DII press releases stress its overall commitment to cost reduction in its operations so that it can become “more efficient, rais[e] margins, cut[] operating expenses [and] lower[ ] purchasing costs_” PL’s DII Exh. 1, DII Press Release, May 30, 2002. Likewise, in 2003 and 2004 DII made numerous public statements that emphasized its strategy or “strategic plan” to use Asian manufacturers or Asian supply sources, including Chinese companies. PL’s DII Exh. 8, DII Press Release, Mar. 4, 2003; PL’s DII Exh. 33, DII Press Release, May 28, 2003; PL’s DII Exh. 3, E-Mail, From J. Segal, Subj.: Goodbaby, Jan. 9, 2004.
During the relevant time period and until the end of 2004, Pierre Dupuis (“Du-puis”) was the Vice President and Chief Operating Officer of DII. Dupuis Dep. at 14. Jeff Segal (“Segal”) was the Corporate Vice President of Sales and Marketing for DII. Mitchell Dep. at 65. Ed Wyse (“Wyse”) was Executive Vice President of Procurement for DII during the relevant time period. Dupuis Dep. at 94-95. And, Camillo Lisio (“Lisio”) was DII’s Chief Operating Officer for the remaining relevant time period. PL’s DII Exh. 15, DII Press Release, Nov. 23, 2005.
Dorel Juvenile is a Massachusetts corporation with its principal place of business in Columbus, Indiana. Dorel Juvenile is a wholly owned subsidiary of Dorel U.S.A., Inc., a Delaware Corporation. Dorel U.S.A., Inc., is a wholly owned subsidiary of DII. In other words, Dorel Juvenile is a separate corporation with its own officers, board of directors, and stationery. Lisio Decl. ¶ 9. Dorel Juvenile trains its own employees, publishes its own sales and marketing literature, sets its own prices, issues its own warranties, has its own bank accounts, and sets its own operational policies. Id. ¶ 6. Day-to-day oversight of the inventory, accounting system, and public relations of Dorel Juvenile occur only at the subsidiary level. Id.
But, there is evidence that Segal of DII worked with all of DII’s divisions to “encourage, and motivate ... people” to “push[] the envelope of product development and marketing” and to act “as an animator, a guru of product development and marketing.... ” Dupuis Dep. at 51-52. Moreover, in 2002, DII held a “Procurement Conference” where the theme was “Maximum Resistance to Price Increases” and where DII instructed its divisions to use “Group Purchasing” to resist price increases and to change suppliers if necessary. PL’s DII Exh. 34, E-Mail, From Ed Wyse, To bcazenave@djgusa. com, Subj.: Action Plan 8th Procurement Conf. May 14th/15th, June 3, 2002, & Attachments. Further, Wyse tracked commodity pricing globally, and used the information to check on whether or not its subsidiaries, like Dorel Juvenile, would seek cost adjustments from their suppliers. Dupuis Dep. at 94-95; PL’s DII Exh. 31, E-Mail, From Jeff Hale, To Pierre Du-puis, Subj.: Goodbaby, Feb. 13, 2005. The evidence suggests also that DII’s Edward J. Kelley (“Kelley”) would act as a sales consultant for Dorel Juvenile, and was involved with “point of sale” issues. Bim-schleger Dep. at 34-35. Similarly, DII negotiated with mass merchants such as Wal-Mart and Kmart on behalf of Dorel Juvenile. Pl.’s DII Exh. 20, E-Mail String, From Don March, To, inter alia, ^Executive, Subj.: FW:Kmart, Feb. 1, 2002. In fact, in April 2004, DII’s Cathy Carter (“Carter”) stated that DII and Do-rel Juvenile “need[ed] a PLAN fast!” to stay competitive with other car seat manufacturers at Kmart. Pl.’s DII Exh. 21, EMail, From Cathy Carter, To Bruce Caze-nave, Subj.: Kmart, Apr. 29, 2004.
Furthermore, both Dupuis and Lisio had executive positions at both DII and Dorel Juvenile. Pl.’s DII Exh. 13, Dorel Juvenile Exec. Staff Org. Chart. In early 2002, Dupuis was “interim President” of Dorel Juvenile and it was during Dupuis’ interim presidencey that Dorel Juvenile began development of the accused products. Pl.’s DII Exh. 3, DII Press Release, Feb. 26, 2002; PL’s DII Exh. 39, Adjustor Mtg., Mar. 13, 2002. Donald Mitchell (“Mitchell”) was Executive Vice President, Sales and Marketing for Dorel Juvenile, and later Executive Vice President of Marketing and Design and Development Center for Dorel Juvenile. Mitchell Dep. at 14, 17. In September 2003, Dorel Juvenile implemented a design change in some of its car seats to utilize an up front center adjustor designed by Richard Glover (“Glover”), Vice President of Applied Technology, Do-rel Juvenile, instead of using IMMI’s A-Lok adjustor. Glover Dep. at 52. Dorel Juvenile purchased the newly designed adjustor from Goodbaby Group (“Goodba-by”), apparently a Chinese manufacturer, for use in car seats manufactured by Dorel Juvenile. Cartwright Dep, at ■ 41-42. Mitchell provided no information to Dupuis or Segal regarding the implementation of the Goodbaby adjustor to the United States consumer market. Mitchell Dep. at 66.
However, there is evidence that suggests that DII executives were involved in decisions to implement the new adjustor. For example, Dorel Juvenile sought approval from Dupuis before signing a supplier agreement with IMMI in 2002. PL’s DII Exh. 34, E-Mail, From Jeff Hale, To Pierre Dupuis, Subj.: Dorel/IMMI Supplier Agreement & Quotation, Jan. 31, 2002, & Attachments. Dupuis admitted that DII would have the power to control the suppliers used by Dorel Juvenile although he described what DII actually does as “nudging ... suggesting, encouraging, [and] promoting.... ” Dupuis Dep. at 65-66. In addition, Glover kept Dll’s Dupuis informed about the reasons why alternative adjustors would not work. PL’s DII Exh. 7, E-Mail, From Richard Glover, To, inter alia, Pierre Dupuis, Subj.: Adjuster [sic] Design, July 22, 2002. In fact, Dorel Juvenile kept DII abreast of its new adjustor design project at DII’s request, and DII knew replacement of the IMMI adjustor with one from Goodbaby would be a large cost savings for Dorel Juvenile, if Dorel Juvenile could work around IMMI’s patents. PL’s DII Exh. 35, E-Mail, From Jeff Hale, To Martin Schwartz, Subj.: FW: Project Updates, Nov. 8, 2002. Furthermore, DII’s Wyse was “in constant communication with Jeff Cartwright re [sic] Global Dorel Action Plan on Buckles and Harnesses.” PL’s DII Exh. 4, E-Mail String, From Ed Wyse, To Pierre Dupuis, Subj.: Harness Cost Breakdown, Sept. 2, 2003. See also, PL’s DII Exh. 5, E-Mail, From Jeff Hale, To Ed Wyse, Subj.: FW: Project Updates — Buckle/Harness Sys., Dec. 10, 2002, & Attachments; Glover Dep. 194-95 (discussing Wyse’s role among DII divisions). Dll’s Vice President of International Operations, Hani Ba-sile (“Basile”), worked with Goodbaby to resolve certain manufacturing issues with the new adjustor. Pl.’s DII Exh. 37, EMail, From Jeff Cartwright, To Bruce Cazenave, Subj.: RE: Another Front Adjuster [sic] Unqualified/Unapproved Change, Oct. 21, 2003.
B. THE ’889 PATENT
Prior to the ’889 patented invention, car seat manufacturers used a three-bar slide to adjust the harness; the ends were threaded through the slide to adjust the harness size. H. Wallen Decl. ¶ 4. James R. Anthony (“Anthony”) and Allan R. Lortz (“Lortz”), the inventors named on the ’889 patent, U.S. Patent No. 4,660,889, Apr. 28, 1987 (“ ’889 Patent”), recognized a need for a child restraint seat that had a quick and easy means for adjusting the harness web. Their efforts to solve this problem resulted in the ’889 patented invention. Lortz Mar. 29, 2005, Dep. at 43 (“Lortz I Dep.”); Anthony June 1, 2005, Dep. at 20 (“Anthony I Dep.”); ’889 Patent, col. 2, ll. 31-37.
The ’889 patent claims, in relevant part:
8. A child restraining device for mounting in a vehicle, comprising:
a child seat having a seat support upon which the child may sit and back support against which the child may rest against;
a harness movably mounted to said child seat and including a front restraining portion positionable in front of the child with first lock means mounted on said front restraining portion, said harness including a belt affixed thereto being located beneath said seat support with said belt extending forwardly through said seat to and in front of said seat support;
second lock means mounted to said seat in front of said seat support and engageable with said first lock means to removably secure said harness to said seat; and
a belt adjustor mounted to said seat in front of said seat support with said adjustor including adjusting means frictionally receiving said belt being operable to hold said belt once said belt is pulled manually through said adjustor to tighten said harness and also being operable to release said belt to loosen said harness upon manual operation of said adjustor. ‡ ^ ‡ $
11. A child restraining device for mounting in a vehicle comprising:
a seat having a seat support and a back support;
harness means positionable in front of a child sitting in said seat for holding said child securely in said seat;
first locking means attached to said harness means for removably securing said harness means to said [sic] seat;
second locking means mounted to said seat for receiving and lockingly engaging said first locking means; and
a belt adjustor mounted to said seat for tensionably adjusting the proximity of said harness means relative to said child when said first and second locking means are engaged said belt adjustor including a manually operated cam member and bar designed to frictionally receive and hold stationary a portion of said harness means, said cam member being pivotably adjustable to bias said belt against said bar to release said harness means.
’889 Patent, col. 7, ll. 50-68 to col. 8, ll. 40-60.
The Court construed the disputed claim terms as follows:
“affixed” means “secured”
“adjusting means” means its functions are:
1) to frietionally receive the belt;
2) to hold the belt to tighten the harness; and
3) to release the belt to tighten it;
its corresponding structures are:
a cam member and bar, or a bottom wall, cam bar and bar, that are described in the ’889 patent at col. 1, ll. 55-57, col. 1, ll. 63-68 to col. 2, ll. 1-8, and at col. 3, ll. 65-68 to col. 4, ll. 1-58, and Figures 3-5, or them equivalents
“an eccentrically revolving part with a radial bearing surface;” and “cam member” means
a part that is longer than it is wide. “bar” means
The ’889 patent cites the following references as prior art: U.S. Patent No. 2,442,-266, May 1948, to Davis, U.S. Patent No. 2,919,946, January 1960, to Miener, U.S. Patent No. 3,380,776, April 1968, to Dillender, U.S. Patent No. 3,678,542, June 1972, to Prete, Jr., U.S. Patent No. 3,887,966, June 1975, to Gley, U.S. Patent No. 4,118,-833, October 1978, to Knox, and Federal Republic of Germany Patent No. 2059321, May 1971. ’889 Patent, at 1.
One of the objects of the ’889 patented invention is “to provide a child seat harness assembly having improved means for controlling the tensioning of the harness.” Id. at col. 2, ll. 35-37. Lortz testified that the problem that he and Anthony were trying to solve, “a quick and easy means of adjusting the web” of a child restraint, Lortz I, at 43, was known in the industry at the time of the invention. Id. at 45.
The commercial embodiment of the ’889 patented invention are parts sold by IMMI under the trademark A-Lok.0 The A-Lok consists of an adjustor strap connected to a T-bar, and an adjustor that receives the adjustor strap. H. Wallen Deck ¶ 6. The A-Lok is reversibly connected to the harness through the T-bar for tightening and loosening the harness web. Id. The A-Lok is generically referred to by those in the car seat industry as a center front adjustor or “up-front” adjustor. Exh. Do-rel Label. This commercial embodiment practices the invention in claims 8 and 11 of the ’889 patent. Williamson 4th Deck ¶ 9.
Jerry Bougher (“Bougher”), now a Do-rel employee, testified that while he was employed by IMMI, Lortz gave a copy of U.S. Patent No. 3,782,550, to Yang (‘Yang ’550”), and a Pacific Scientific cam adjustor, which was the commercial embodiment of the Yang ’550 patented invention, to Bougher, with instructions to design an adjustor that would meet the dynamic test requirements of the newly revised Federal Department of Transportation regulation FMVSS 213 (“FMVSS 213”), but would avoid infringing the Yang ’550 patent. Bougher Dep. at 7, 129-30. Bougher examined, measured and tested the prior art Yang ’550 adjustor and copied aspects of that adjustor, such as the spring arrangement, into the A-Lok. Id. 130-34. Bougher testified that the ’889 patented invention involved reverse engineering a known, patented, commercial product for adjusting automobile seat belts, scaling down its size, changing the internal configuration sufficiently to avoid Yang ’550, and using it on a child’s car seat. Id. 129-34. Bougher “authored” all of the early drawings of the adjustor of the ’889 patent, and the corresponding design patent, U.S. Patent No. D296,678 (“ ’678 patent”). Id. at 135-37, 139-41. Bougher is a named inventor of the ’678 patent, as well as six other IMMI patents. Bougher Dep. at 43-49.
IMMI employment records indicate that Bougher was hired by IMMI on November 12, 1984, a month before the first drawing of the A-Lok appeared in December 1984. Bougher Dep. at 12-13; Pl.’s Invalidity Opp’n Exh. 73, Jerry D. Bougher, Employment Record, Nov. 12, 1984; Pl.’s Invalidity Opp’n Exh. 74, IMMI Drawing No. 1243, A-LOK — LL ADJUSTER [sic] ASS’Y, Dec. 19, 1984. There is no dispute that Bougher created the December 19, 1984, drawing of the A-Lok. Bougher testified that he did not do any design work on the A-Lok during the first few weeks after he was hired by IMMI. Bougher Dep. at 16 & Errata Sheet. Rather, Bougher testified that his first responsibility with the A-Lok may have been as a manufacturing engineer rather than as a design engineer. Id. at 14. According to Bougher, manufacturing engineers at IMMI were “responsible for implementing existing designs or existing products into a manufacturing atmosphere, making sure that they are properly tooled, and making sure that the manufacturing criteria is established and is achievable. So it’s more monitoring and managing the manufacturing end of it rather than the design.” Id.
According to Anthony and Lortz, they recollect Bougher’s position at the time of the ’889 patented invention as a draftsman, and do not recall his involvement with the patented invention. Anthony I Dep. at 20, 29; Lortz I Dep. at 54.
Apparently, Bougher left IMMI in 1992 and attempted to return in 1998, but was hired elsewhere. Pl.’s Invalidity Opp’n Exh. 71, Letter, From Jerry D. Bougher, To A1 Lortz, Aug. 24, 1998; Bougher Dep. at 9.
C. LEVEL OF ORDINARY SKILL IN THE ART
The ’889 patent states that the disclosed “invention is in the field of adjustors for controlling tension in a belt or web mounted to a child restraint seat.” ’889 Patent, col. 1, ll. 6-8. During examination of the ’889 patent, the examiner considered adjustors used to adjust belts and straps generally, including adjustors used to secure cargo and other objects, as relevant art. ’889 File History, Paper Nos. 3-4. Therefore, the examiner considered the field of the invention to be adjustors for controlling the tension of a belt or web for any purpose, as well as child restraint systems for use in automobiles.
Dr. Guenther, Dorel’s expert, opined that a person of ordinary skill in that field at the time of the invention is one who has several years of experience in design and/or selection of devices for adjusting or controlling tension on a belt or web. Guenther Decl. ¶ 5. Similarly, Dr. Williamson, IMMI’s expert, opined that one of ordinary skill in the field at the time of the invention is one with “either a degree in an appropriate branch of engineering — for example, mechanical engineering or industrial engineering — and one or two years’ industrial experience in the design of mechanisms; or would have a lesser qualification, such as a trade-school diploma, and three or four years’ experience.” Williamson 3d Deck ¶ 4.
D. PRIOR ART
Dorel contends that the ’889 patented invention is an obvious combination of two well-known devices: a children’s car seat and a cam-actuated belt adjustor. With respect to the child seats, Dorel argues that the following car seat patents and cam-actuated belt adjustor patents, in combination, disclose or teach each of the limitations of claims 8 and 11 of the ’889 patent: Australian Patent No. 503,602, to Heath (“Heath ’602”), U.S. Patent No. 4,342,483, to Takada (“Takada ’483”), Japanese Utility Model Patent Application No. 56-18760 (“Japanese ’760”), U.S. Patent No. 2,998,626, to Prete, Jr. (“Prete ’626”), U.S. Patent No. 3,867,876, to Eisner (“Eisner ’876”), U.S. Patent No. 2,538,641, to Eisner (“Eisner ’641”), German Patent No. 2,059,321 (“German ’321”), U.S. Patent No. 3,872,550, to Yang (“Yang ’550”), U.S. Patent No. 2,537,307, to Griswold (“Gris-wold ’307”), U.S. Patent No. 3,177,545, to Svensson (“Svensson ’545”), U.S. Patent No. 3,020,612, to Meeker (“Meeker ’612”), and U.S. Patent No. 2,916,786, to Legat (“Legat ’786”). The Court reviews each reference in turn, then reviews each of the prior art references cited by the examiner, but not by Dorel.
1. Heath ’602 Patent
Heath ’602 issued on September 28, 1978. Australian Patent No. 503,602, to R.B. Heath, Sept. 28, 1978, at 1 (“Heath ’602 Patent”). Apparently, Britax Child Safety, Inc. (“Britax”), owns the Heath patent Wallen Decl. ¶ 20.
The Heath ’602 patent claims, in relevant part:
1. A seat strap arrangement which is suitable for use in conjunction with a single seat, comprising
a crotch strap arranged to lie symmetrically with respect to the central longitudinally extending vertical plane of the seat, means to secure the crotch strap to said seat, and one part of a three part buckle on the crotch strap,
a pair of buckle parts each with a strap guide aperture engageable with said one part of the buckle and arranged symmetrically with respect to said vertical plane,
a pair of sash strap portions extending downwardly and passing through respective said strap guide apertures and then outwardly away from said vertical plane to then form lap strap portions,
means joining said sash strap portions rearwardly of the seat,
means retaining said lap strap portions to the seat,
an adjustment strap secured to the sash strap portions rearwardly of the seat,
and releasable locking means carried by the seat co-operable with the adjustment strap so as to provide adjustment means for adjustment of the effective lengths of the sash and lap strap portions.
2. A seat strap arrangement according to claim 1 wherein said sash and lap strap portions are all portions of a single loop strap, said adjustment strap depending from said loop in said central vertical plane of the seat.
* * * * * *
5. A combination seat and seat strap assembly, comprising a seat having a seat portion, a seat back portion and side wings, an upper area of the seat back portion containing a pair of upper apertures, a pair of side apertures through the seat near the junction of the side wings and the rear of the seat portion, and a front aperture through the front of the seat beneath the seat portion,
a seat strap arrangement according to Claim 2 having said crotch strap secured at its lower ends by its said securing means to said seat, the upper ends of said sash strap portions extending through respective said upper apertures from the front to the rear of the seat, the outer ends of said lap strap portions extending through said apertures also from the front to the rear of the seat and being continuous at the rear of the seat, means securing the upper end of said adjustment strap to the sash strap portions at the rear of the seat, said adjustment strap extending through said front aperture and terminating at its lower end in front of the seat.
6. A combination seat and seat strap assembly according to claim 5 wherein there are two said front apertures one above the other, and said releasable locking means comprises a plate having an aperture therein, said plate extending through the upper front aperture, said adjustment strap extending through the plate aperture rearwardly of said seat front portion, through said lower front aperture, and again through the plate aperture forwardly of said front portion.
Heath ’602 Patent, claims 1, 2, 5, 6. The Heath ’602 patent states:
There is a well recognized need for a separate moulded [sic] single seat ... to be used in the body of an automobile which will hold a child comfortably....
With the previous arrangements some difficulties are encountered. Owing to the difficulty in adjusting the effective lengths of each seat belt component separately, quite often adjustment is not made.... The main object of this invention is to provide a seat strap arrangement which can be quickly and easily adjusted by a single adjusting means, and which can be quickly and easily fitted, and which can be quickly and easily disengaged by a single release function, thereby encouraging use....
Id at p. 6-7.
Moreover, the Heath ’602 patent describes the desirability of an adjustor for a child’s car seat that allows the strap to be pulled through the adjuster such that “the strap can flow through its apertures thereby tightening both the sash and lap portions of the strap” but allows the adjustor to be released such that “the adjustment strap can flow in a rearward direction.” Id at 6. Furthermore, the Heath ’602 patent repeats that its harness/adjustor assembly is desirable because “adjustment is quickly and easily effected, but that the locking means can be so arranged so as to provide a very firm grip on the adjustment strap.” Id at 8.
With respect to the “releasable locking means” specifically, the Heath ’602 patent describes the following: “In a further aspect of the releasable locking means is spring biased so that pulling the adjustment strap to shorten the harness will automatically release the locking mechanism, but to lengthen the harness it is necessary to separately release the locking mechanism.” Id. at p. 9,
Dorel contends that-the Heath ’602 reference teaches:
a child safety seat 10 for mounting in a vehicle having a seat portion 11 and a back portion 12. [Heath ’602 Patent, p. 2, ll. 106; p. 5, ll. 1-2; Fig. 1; claim 5.] The disclosed safety seat also has a mov-ably mounted harness that includes a crotch strap 21, an adjustment strap 27, shoulder straps (“sash straps”) 25, and lap straps 25. [Id., p. 3, ll. 3-20; p. 5, ll. 10-21; Fig. 1.] The shoulder straps and lap straps are positioned in front of the child sitting in the seat and thus are part of the “front restraining portion” of the harness. [Id. Fig. 1.] Attached to that front restraining portion are two male buckle parts 39, as shown in Fig[ure]s 1-3, which comprise the “first lock means.” [Id. p. 7, ll. 20-21-, Figs. 1-3.] The adjustment strap is attached to the shoulder straps behind the seat, then it extends forwardly beneath the seat, through one of the apertures 15 in the seat, to and in front of the seat portion. [Id. p. 5, ll. 17-23; Figs. 1-3.] The male buckle parts 39 (“first lock means”) engage a female buckle part 23 (“second lock means”), which is attached to the crotch strap. [IcL p. 5, ll. 10-16; p. 8, ll. 6-11; Fig. 2.] As shown in Fig[ure]s 2-3, the .crotch strap, and therefore the female buckle part, is attached to the seat in front of the seat support. [Id. p. 5, ll. 10-16; Figs. 1-2.] 10. The Heath ’602 patent also teaches mounting a belt adjustor [sic] to the seat in center front of the seat support. The patent reads: “a seat strap arrangement includes ... an adjustment strap [27] secured to the sash strap portions [25] rearwardly of the seat, and releasable locking means carried by the seat co-operable with the adjustment strap so as to provide adjustment means for adjustment of the effective lengths of the sash and lap strap portions.” [Id. p. 3, ll. 3-20; p. 3, l. 26 to p. 3a, l. 7; Figs. 1-3; claims 1-2, 5.] The releasable locking means, shown in Fig[ure] 3 as steel plate 28, is attached to the seat at the front apertures 15. [Id. p. 3a, ll. 2-7; p. 5, l. 21 to p. 6, l. 11; Figs. 2-3; claim 6.]
Guenther Decl. ¶¶ 9-10.
IMMI argues that the Heath ’602 reference teaches an adjustor that is based on intersecting plates with three principal parts: two plates and a spring. Williamson 3d Deck ¶ 8; Heath ’602 Patent, at ps. 6-7, Fig. 3. Moreover, IMMI avers that there is nothing in Heath ’602 that invites replacement of its adjustor design with another one. Williamson 3d Deck ¶ 9.
2.Takada ’483 Patent
The Takada ’483 patent issued on August 3, 1982, and is referenced by the ’889 patent. See U.S. Patent No. 4,342,483, Aug. 3, 1982 (“Takada ’483 Patent”); ’889 Patent, col. 1, ll. 11-23 (describing the prior art “U.S. Pat. Nos. 4,025,111 and 4,342,483”). The reference cites the following problems with then-current technology:
Because children vary considerably in size ... the belts are usually adjustable. Many of the known belts systems are relatively complicated because of the number of belt sections involved and the adjustable features incorporated in them. They are also frequently cumbersome to put on the child.
U.S. Patent No. 4,342,483, at col. 1, ll. 22-28 (“Takada ’483 Patent”). The Taka-da ’483 patent claims, in relevant part:
1. A child safety seat for vehicles having a seat bottom, a seat back, a pair of should restraint belts leading from laterally spaced-apart locations on the seat back above the locations of the shoulders of a seat occupant to a buckle tongue, and a buckle affixed to the front center portion of the seat bottom for receiving the tongue....
* # ❖ * * *
3. A child safety seat according to claim 1 and further characterized in that the shoulder belts pass through slots in the back and include portions extending downwardly behind the seat back which are joined to a retractor belt, and further characterized in that there is an emergency locking retractor affixed under the seat bottom from which the re-tractor belt extends and by which the shoulder belts are yieldably held under tension.
4. A child safety seat according to claim 3 and further characterized in that the retractor is of the type which normally allows the belt to be withdrawn freely against the rewinding force of a spring but which locks automatically in the event of acceleration of the seat occupant.
Id. col. 8, l. 32 to col. 9, l. 8.
With respect to adjustment of the restraining system, the Takada ’483 patent teaches that:
The length of belt that can be wound and unwound from the emergency locking retractor should be relatively short so that the child cannot remove the belt by loosening it and then climb out of the seat. Accordingly, for adjustment of the belt system to fit children of various size, say from age 7 months to 4 years, an adjustable detachable buckle is fitted on each should strap, preferably adjacent the retractor belt, so that each strap can be detached from the retractor belt and the effective length of each strap can be altered. This feature, in conjunction with multiple pairs of slots in the back, ensures proper fitting of the belt system to children of various sizes.
Id. col. 3, ll. 15-27. And, with respect to the emergency locking retractor, the Taka-da ’483 patent describes:
The restraint belt system of the child safety seat shown in FIGS. 1 to 3 includes an emergency locking retractor 70 which is housed in casing 72 and is fastened under the seat bottom 12 by a nut and bolt 74 (see FIG. 4). The re-tractor is, preferably, of the type which locks in response to a predetermined acceleration of the retractor belt 76 that is wound onto it. The belt is continuously kept under tension by a winding spring but is otherwise free to be pulled from the retractor except when it locks. The retractor 70 can also be of the type which responds to an inertia sensitive device which detects a predetermined acceleration of the vehicle in any direction. Emergency locking retractors have the advantage of permitting the person who is restrained by the belt to move relatively freely except when the retractor is locked in an emergency.
Id. col. 4, l. to col. 5, l. 6.
The ’889 patent cites the Takada patent as prior art. ’889 Patent, col. 1, ll. 13-14.
3. Japanese ’760 Patent
The Japanese ’760 patent was published on February 19, 1981. JP App. Pub. No. S56-18760, Feb. 19, 1981 (the “Japanese ’760 Patent”). It is a utility patent that describes its scope as follows:
A child safety seat characterized in that it comprises a seat body that accommodates a child passenger, a thigh webbing, one end of which is affixed to said seat body, a pair of shoulder webbings that are affixed adjustably to the other end of said thigh webbing, a second webbing that is affixed to said seat body and to the other end of said webbing so that its length can be adjusted.
Japanese ’760 Patent Translation, at D0159581. The patent sets forth the following purpose and solution to the problems of restraint-system adjustment:
to provide a child safety seat wherein the length of the webbing can be adjusted easily and rapidly after the child passenger is seated and that will secure the webbing to the child passenger securely.
The child safety seat according to the present invention has a construction wherein an energy-absorbing webbing is connected to the shoulder webbings and the energy-absorbing webbing is affixed to the seat body by means of a length adjustment fixture. This allows the length of the attached webbing to be changed rapidly.
Id. at D0159582.
The Japanese ’760 patent claims a 3-, 4-, or 5-point harness system wherein the two shoulder straps converge in the back of the child seat into one strap that is
looped around a U-shaped hook 44 that is affixed to the base plate 42, passes through an opening 48 formed in the front plate 46 (see Figure 3), and is led to the front of the seat body 10.
* * * * * *
As shown in Figure 1 and Figure 8, a length adjustment plate 50 is attached to the front plate 46 as a length adjustment accessory. The length adjustment plate 50 is affixed to the front plate 46 with a suitable gap formed between it and the front plate 46. A pair of openings, 52 and 54[sic] are formed with suitable spacing in the top and bottom thereof.
Here, the distal end of the energy-absorbing webbing 40 that has been led through the opening 48 of the front plate 46 to the front of the seat body 10 is passed through opening 52 is folded over, is inserted into the opening 54, and is inserted into the space between the length adjustment plate 50 and the front plate 46. Thus, when tensile strength is applied from the pair of shoulder web-bings 32 and 34 to the energy-absorbing webbing 40, [the energy-absorbing webbing 40] is held securely in the length adjustment plate 50 fully or partially by the force of friction of the portion [of the energy-absorbing webbing 40] folded through the openings 52 and 54 when a force that moves it towards the tip of the energy-absorbing webbing 40 (in the direction of arrow A) is applied.
In addition, the fitted length for a child passenger can be freely adjusted by changing the depth to which the energy-absorbing webbing 40 is inserted into the openings 52 and 54 in the length adjustment plate 50.
Id, at D0159584-85 (additions and/or changes by translator).
4. Prete ’626 Patent
The Prete ’626 patent issued on September 5, 1961. U.S. Patent No. 2,998,626, Sept. 5, 1961 (“Prete ’626 Patent”). The Prete ’626 patent “relates to a buckle for connection to one strap end and for releasable engagement with a second strap end, which buckle is particularly adapted for connecting the ends of cargo straps.” Id. at col. 1, ll. 9-12. The reference specifically states that it is an improvement on “a buckle of the general type disclosed in the Eisner patent, No. 2,538,641.” Id. col. 1, ll. 13-14, 34-35.
The Prete ’626 patent claims, in part:
2. A buckle for connection to one strap end and for releasable engagement with a second strap end, comprising: a pair of substantially parallel upright side plates having matched apertures therein including a non-circular aperture near the forward end of each plate; a first transverse member having its ends fixedly mounted in matched apertures near the rear end of each of said plates for interconnecting the two plates and for permanent connection to said second strap end with the second strap end looped upward and backward over the second member, said second member having its ends fixedly mounted in said non-circular apertures to resist rotation relative to the two plates, said second transverse member having a flat upper surface inclined towards the forward ends of the two plates; a third transverse member to extend under said second strap end and having its ends mounted in matched apertures in said plates, said last-mentioned aperture being forward of said non-circular apertures, the upper surface of said third member bing positioned above the lowermost surface of said second member to change the direction of the second strap end to substantially parallel with said flat surface; a gripping member secured by matched apertures in said two plates, said gripping member being rotatable to cooperate with said flat surface for gripping said second strap end, said gripping member having a serrated eccentric portion to engage the strap end and having a forwardly extending handle portion, said side plates extending above the range of effective gripping positions of said gripping member to serve as guard means to avoid accidental release rotation of the gripping member; and spring means rotatably biasing said gripping member towards said flat surface.
3. A buckle as set forth in claim 2 in which said second transverse member has flat shoulder surfaces abutting the inner surfaces of said two side plates, and in which said first and third transverse members are peened into engagement with the outer surfaces of the two sided plates to hold the side plates firmly against said flat shoulder surfaces for rigidity of the buckle construction.
Id. col. 4, l. 75 to col. 6, l. 15.
Moreover, the Prete ’626 patent teaches that
strap end 40 may be tightened by simply pulling on the free end of the strap and at the same time pulling on the portion of the strap that leads to the buckle. The eccentric gripping member 26 will yield to such pulling force on the strap by release rotation but will automatically grip the strap when the free end of the strap is released.
When the strap end 40 is engaged in the manner shown in FIG. 1, it is a simple matter to release the strap simply by exerting finger pressure on the release arm 30.
Id col. 3, ll. 64-74.
5. Eisner ’641 Patent
The Eisner ’641 patent issued on January 16, 1951. U.S. Patent No. 2,538,641, Jan. 16, 1951 (“Eisner ’641 Patent”). Generally, the Eisner ’641 patent is directed to a buckle for connecting cargo straps or bands, however, Eisner cites four relevant specific objectives:
An object of the present invention is to provide a buckle whereby desired tautness of a strap can be attained, whereby said tautness will be retrained, and whereby quick release of said tautness is effected for quick separation of the buckle parts.
Another object of the invention is to provide a buckle, as indicated, which embodies automatic strap gripping means effective to retain the strap under tension, whereby a simple pull on one end of the strap effects further tension-ing thereof, and whereby quick release of the strap is effected and separation of the buckle parts made possible by a simple manual push on an element of the buckle.
Another object of the invention is to provide, in a strap buckle, novel strap gripping means that is automatically effective for gripping a strap, automatically releases upon a pull on a free end of said strap, and is adapted to be manually released by a simple push.
A further object of the invention is to provide a buckle, as above, in which the manually operable portion of the strap gripping means is protected against inadvertent operation.
Id. at col. 1, ll. 5-29.
The Eisner ’641 patent claims, in part:
6. A strap buckle comprising a generally rectangular frame, a roller mounted transversely at an intermediate part of the frame for a loop formed by training the strap over the roller, a fixed pressure bar transverse of the frame, one run of the strap loop extending over the bar and the other under the bar, an eccentric wedge mounted above the bar for gripping said upper run of the strap between itself and the bar, a rock pivot for the eccentric wedge, the upper run of the strap including an unsupported portion extending between the roller and the wedge, and an extension on the wedge having impinging engagement with said unsupported portion of the upper run of the strap to hold the eccentric wedge in position to grip the strap against said bar, said extension being directed toward the roller and adapted to be manually depressed to rock the eccentric wedge in a strap-releasing direction.
H* H* ❖ :¡: ‡
8. In a strap buckle, a roller over which a strap having a free end is trained, automatic wedging means spaced from the roller for gripping said free strap end upon tension being applied to the strap to draw said free end in a direction toward the roller, said free end of the strap having an unsupported flexible portion extending between the roller and the wedging means having impinging engagement with the mentioned unsupported portion of the strap and held by the strap to releaseably hold the wedging means in strap-gripping position, said flexible portion of the strap yielding to manual depression of the extension and the wedging means moving to non-gripping position when the extension is depressed.
Id. col. 5, ll. 12-31; id. col. 6, ll. 10-26. With respect to the “gripping means” the Eisner ’641 patent describes:
The gripping means 14 comprises a bracket which includes a plate or bar 23 arranged transversely across the frame side 18 and adjacent to the end 20 thereof, a pair of integral ears 24 of said plate ■23 extending upwardly on either side of the frame, a transverse pin 25 extending between the ears above said plate, and a preferably knurled eccentric roller 26 mounted on said pin to rock therea-round. [sic] The plate 23 is welded to the frame in space relation to roller 22 and the free end 13 of the strap extends from the strap loop 11 and over said plate. The eccentric roller 26 is designed to effectively grip the strap end 13 between itself and said plate 23.
Id. col. 2, ll. 28-41.
6. Eisner ’876 Patent
The Eisner ’876 patent issued on January 13, 1959. U.S. Patent No. 2,867,876, Jan. 13, 1959 (“Eisner ’876 Patent”). The Eisner ’876 patent has three objects: (1) “to provide means increasing the strap-retention power of a buckle,” id. col. 1, ll. 18-19; (2) “to provide improved means, as above indicated, that increases the strap-retention power by displacement or distortion of a strap that is releasably connected to the buckle,” id. col. 1, ll. 20-23; and (3) “to provide such means that are positive in operation, convenient in use, easily installed in a working position and easily disconnected therefrom, economical of manufacture, relatively simple, and of general superiority and serviceability.” Id. col. 1, ll. 24-28.
Claim 1 of the Eisner ’876 patent reads:
1. In a buckle for connecting the ends of a strap, a frame having sides between which said strap ends are disposed, a member spanning between the frame sides and to which one strap end is connected, a second and cylindrical member spanning between the frame sides adjacent the first member and over which the other strap end is trained in the form of a bight [sic] that terminates in a free end, said latter strap end being deformable, means to releasably clamp said free end to resist pull between the strap ends, and circumferen-tially arranged and tansversely spaced means embodied in said cylindrical member to deform transversely spaced and circumferential portions of the strap bight outwardly from the in-between portions engaged by the cylindrical member, said latter means comprising projections on the cylindrical surface of said cylindrical member, said projections outwardly deforming the strap bight trained thereover [sic] under the mentioned pull.
Id. col. 4, ll. 13-29.
The Eisner ’876 patent specification describes the “means to releasably clamp said free end to resist pull between the strap ends” (“clamping means”) as follows:
The means 12 comprises the mentioned transverse plate 17 and a member 27 that is pivotally mounted on shaft 16 and is provided, at one end, with a roughened cam face 28 directed toward plate 17, and curved lever 29 at the other end and terminating between means 9 and plate 17.
The strap 6 is adapted to be passed beneath plate 17, be trained over means 9 from beneath, and pass between said plate 17 and the cam face 28 of member 27. The bight [sic] thus formed terminates in the mentioned free end 11. Tension on the strap 6 draws cam face 28 into gripping engagement with end 11 because the portion of said end engaged by lever 29, seeking to straighten, engages said lever. The latter is, thereby, urged upwardly and causes a downward strap-gripping movement of cam face 28.
Id. col. 2, ll. 20-35.
The remaining claims of the Eisner ’876 patent are directed to improvements on aspects of the invention unrelated to the clamping means. See id. col. 2, l. 30 to col. 6, l. 2.
7. German ’321 Patent
The German ’321 patent was before the examiner during prosecution of the ’889 patent. ’889 Patent, at 1. Dr. Guenther, Dorel’s expert, describes the teachings of the German ’321 patent as follows:
German Patent No. 2,059,321 discloses strap adjustment structure falling within the Court’s construction of the “adjusting means” of claim 8 and “belt adjustor” of claim 11. The structure disclosed in the German patent ’321 includes a cam member 19 (or 19A) that is pivotally mounted on pin 16 (or 16A), which is attached to buckle side walls 11 (or 11A). The eccentric cam member has a radial bearing surface having serrations 20 (or 20A). The cam member is biased against a bar 18 (or 18A) having a flat surface of contact with the cam member that is longer than it is wide. It is clear from the figures that a belt 22 (or 22A) is frictionally received and held between the cam member and bar, but is then released by pivoting of the cam member. The German ’321 patent also satisfies the main object of the Heath ’602 patent, thus providing the motivation to combine the two.
Guenther Decl. ¶ 30 (citations to the German ’321 patent omitted).
8. Yang ’550 Patent
The Yang ’550 patent was prior art considered by the examiner of the ’889 patent. ’889 Patent, at 1. The Yang ’550 patent discloses a webbing or belt adjustor for securing objects or persons that
utilizes a stationary spool and a wedge member, which is in spring biased contact with the stationary spool. The wedge member is operated by a release tab. The webbing material is in contact with a substantial portion of the surface of the spool and is fed between the spool and the wedge member, which locks the webbing material securely on the spool.
’550 Patent, Abstract. “The primary object of such mechanisms is to allow for the movement of the webbing material in one direction to tighten the belt while at the same time the bracket or buckle incorporates a mechanism which will prevent the reverse movement of the belt.” Id. col. 1, ll. 12-16. “The release of the webbing to loosen the belt from around the object is accomplished in a single hand motion of pulling a tab attached to the wedge member.” Id. col. 1, ll. 54-56.
The reference has a single claim that reads:
1. A safety belt webbing adjustor comprising:
a frame member having two spaced, upwardly extending support flanges;
a cylindrical spool rigidly mounted between said support flanges for guiding the movement of said webbing through said frame member, the cylindrical surface of said spool being grooved to better grip the webbing;
a wedge member having a generally teardrop shaped cross section pivotally mounted between said flanges adjacent said spool;
an elongated coil spring concealed within said wedge member connected between the wedge member and the frame member for biasing said wedge member in contact with said spool to restrain the movement of said webbing in one direction, in a manner such that an increasing load on the webbing increases the wedging action;
a holding bar extending between said flanges adjacent said spool and positioned to insure that the webbing is held in contact with approximately 270° of the surface of the spool as it passes from the holding bar to the wedge member; and a release tab attached to said wedge member centrally with respect to said frame flanges to pivot said wedge member away from said spool to allow movement of said webbing in said one direction.
Id. col. 4, ll. 21-47.
9. Griswold ’307 Patent
The Griswold ’307 patent issued on January 9, 1951. ’307 Patent, at 1. The invention is a clamping buckle “for safety belts such as are used in airplanes to retain passengers in position in their seats.” Id. col. 1, ll. 2-4. The Griswold ’307 patent describes the following objects: “to provide a buckle which will be convenient and safe in operation and which will automatically act to give a complete and secure grip on the belt in each fastening operation,” id. col. 1, ll. 5-9, and to provide “a gripping member [that is] automatically latched in open position for insertion of the strap and subsequent release to gripping position on the strap.... ” Id. col. 1, ll. 10-14.
The Griswold ’307 patent claims, in relevant part:
3. A buckle for a belt or the like comprising a strap plate and a cooperating gripping member pivoted on an axis transverse to said plate and having a cam face eccentric to said axis and adapted to contact the surface of said belt, a spring tending to turn said member to closed position of said cam face, latching means between said plate and said member adapted to automatically engage and hold said member in open position against the action of said spring, and a transversely movable part resiliently held outward for engagement by the hand of the user and yieldingly moving inward to detach said latching means and release said gripping member for closing movement under the action of said spring.
4. A buckle for a belt or the like comprising a strap plate having inter-gral side flanges of generally triangular formation, a pin transversely spanning the space between said flanges adjacent the base of the triangles and consisting of a relatively small end seated in one side flange and an opposite larger flat-sided recess in the other flange, a gripping member journalled [sic] on said pin between said side flanges and having a toothed cam face eccentric to the axis of the pin and moving adjacent the surface of the plate to bind and hold a strap thereon adjacent said transverse pin, a strap slot in the plate adjacent the other end thereof, a handle on said gripping member moving between said flanges to carry its end toward said strap slot in clamping position of said member on said strap, a recess in one end of said gripping member surrounding said transverse pin adjacent said enlarged head, and a coiled spring in said recess around said pin and having one end connected to said head and the other end to said member to resiliently urge said member to bring the cam surface thereof in holding grip against the strap.
Id. col. 4, l. 41 to col. 5, l. 7.
The Griswold ’307 patent teaches that “[w]ith the strap end in place between the eccentric clamp 13 and the plate 18, the clamp is released for automatic pivoting to gripping position.... ” Id. col. 2, 11 6-9. “In operation the user opens for insertion or release of the strap by lifting pressure under the end of the clamp 11, turning it upward to the position shown in Fig. 6.” Id. col. 3, ll. 56-59.
10. Svensson ’545 Patent
The Svensson ’545 patent issued on April 13, 1965. ’545 Patent, at 1. The patent has a single claim:
A safety belt buckle comprising
(a) a base to which one end of a belt is adapted to be secured,
(b) a flap mounted at one end on said base to pivot between an open and a closed position, respectively,
(c) a first spring uprging [sic] said flap to its closed position,
(d) a locking member mounted within said flap between said flap and said base for oscillation about the pivotal axis of said flap between a locking position and a released position, respectively,
(e) said member having a clamping portion thereof formed to clamp the other end of a belt against said base, when said member is in its locking position,
(j) a second spring urging said locking member towards its locking position independently of said first spring and of said flap but in the same direction as the first-named spring urges said flap, and
(g) a shoulder formed on said locking member and projecting through a slot in said flap to be engaged by said flap to pivot said locking member from its locking position to its released position, when said flap is moved from its closed to its open position,
(h) said slot extending about said pivotal axis a distance sufficient to disengage said shoulder upon movement of said locking member and said flap, under the action of said springs, to said locking position and to said closed position, respectively, whereby said flap must move independently of said locking member toward the open position of said flap before moving said locking member toward release position, and
(i) said locking member having an integral, tongue-like projection at the opposite side of said pivotal axis from said should and extending toward the free end of said flap, and operative to engage said other belt end to limit the pivotal movement of said locking member in the direction of its locking movement, when said belt is subjected to an extreme stress.
Id. col. 3, l. 27 to col. 4, l. 27.
The Svensson ’545 patent teaches that [t]he locking member is provided with a knurled or serrated portion 36 for clamping the other belt-part 38 against the base portion 10, which may have for this purpose a backing section in the form of a protuberance 40.
* * 5Ü * * *
It will be readily understood that the locking member 32 cannot (the shoulder 46 being disregarded) rotate counterclockwise, as viewed in FIG. 1, in relation to the flap 24 further than to a position wherein the tongue 48 clamps the belt-part 38 against the lower portion 10. This limitation of the freedom of movement has for its object to prevent failure of the locking member in cases of catastrophy [sic] and the like, when the safety belt is subjected to a very large, more or less momentary load.... [T]he tongue 48 limits ... rotation so as to ensure that the knurled portion 36 would still be effective, at least partially, to maintain belt-part 38 locked.
Id. col. 2, ll. 7-11, ll. 50-65.
11. Meeker ’612 Patent
The Meeker ’612 patent issued on February 13, 1962. ’612 Patent, at 1. The invention is “directed more particularly to buckles of the type designed for use in connection with safety belts such as are being used in motor vehicles, airplanes and the like.” Id. col. 1, ll. 10-13. The Meeker ’612 patented invention purports to solve the slipping problems of prior art safety belts by providing, in its simplest form, a “safety belt buckle which functions by friction to secure a free end of a safety belt with means for restraining or resisting the forward throw or movement of the free end of the belt webbing under inertia and thereby preventing the belt end from acting upon the release lever of the buckle to open the same or cause it to disengage from and release the secured belt end.” Id. at col. 1, ll. 61-68. Moreover, the invention provides a restrainer guard element that lies under the releasing lever to prevent the free end of the engaged part of the safety belt from shifting the buckle release portion in an emergency situation. See id. col. 2, ll. 1-16.
The patent describes:
a gripping jaw which is in the form of a substantially circular or cylindrical bar having formed longitudinally there-through [sic] the eccentric passage 22 through which the pivot pin 20 passes. This pivot pin is of an overall diameter throughout the major portion of its length to fit snugly in the passage 22 but at one end it is provided with an encircling recess 23 in which is positioned a coil spring 24 which surrounds the shaft in the reduced area and has one end turned to extend transversely of the shaft into a suitable aperture 25 while the opposite end turns outwardly and is fixed in the gripping member or body 21 as indicated at 26. The eccentric mounting of the body 21 provides a peripheral area which extends outwardly to form a camming or gripping surface 27 which is preferably serrated or toothed longitudinally of the body 21 as is clearly shone in FIGS. 2 and 3, and when the gripping body is turned in the buckle-closed position, this toothed surface is disposed in relatively close relation with the surface of the platform portion 19 to grip the free end of the strap or belt 18 when the latter is extended longitudinally through the buckle between the gripping body and the supporting platform 19.
Id. col. 3, ll. 22-44. And, the reference claims:
A safety buckle comprising a body having a base and elongate spaced side flanges, means for attaching a belt to one end portion of the base, means rock-ably supported by and between the flanges adjacent to the other end of the body for gripping an end portion of a belt, an elongate lever tongue connect to said means for actuating the same to belt releasing position and extending toward said one end of the base when said means is in belt gripping position, a plate member disposed between said flanges between the lever tongue and the body base, and means supporting-said plate in spaced relation to said body base comprising outwardly extending flat trunnion ears carried upon opposite sides of said plate adjacent to the end thereof nearest to said gripping means and slots in said flanges in which said trunnion ears are loosely mounted for limited turning movement, said loose mounting of the trunnion ears in the slots permitting limited swinging of the other end of the plate and preventing engagement of said plate with said lever tongue.
Id. col. 5, l. 12 to col. 6, l. 7.
12. Legat ’786 Patent
The Legat '786 patent issued on December 15, 1959. ’786 Patent, at 1. The Le-gat ’786 patented invention is directed “to buckles for use on safety belts in automobiles and aircraft.” Id. col. 1, ll. 11-13. It teaches:
The buckle of such a belt should be constructed so that it can easily and readily be connected to the belt and released therefrom, and when in connected condition be able to withstand very high pressure without danger of slipping on the belt or opening up.
It is the primary purpose of the instant invention to provide an improved safety belt buckle having a structure which is capable of satisfying the aforesaid requirements.
A further object of the invention is to provide a buckle of the indicated type which when connected on the belt will always be in a locked condition until positively unlocked and yet while in such locked condition shall permit the adjustment of the belt to be tightened.
Id. at col. 1, ll. 21-33.
The Legat ’786 patent claims, in part:
1. A buckle comprising a body having a back plate provided with a transverse opening adjacent to one end thereof and forming on such back plate a transverse end bar to which one end of a belt is connected, side walls extending from said back plate and provided with aligned openings adjacent to the other end of said back plate, a pin extending through said openings, a locking member extending transversely between said side walls and having a longitudinally extending bore revolvably receiving said pin, said member having an offset locking portion coactable with a portion of said back plate located behind said pin to lock said buckle on a belt end inserted between said member and portion, and having an elongated recess extending longitudinally thereof and located on that side of said member which is substantially opposite to the offset locking portion thereof, said recess providing a pair of spaced shoulders extending lengthwise of said member and inwardly of said side thereof, a hand operable lever member disposed generally substantially tangentially to said side of said locking member with one end thereof overlying said recess, said lever end having inturned ears provided with aligned opening for revolvably receiving said pin and located on said pin between the ends of said locking member and said side walls, said lever end having a lug in the form of an integral extension located between said ears and bent inwardly at an angle to said lever so as to extend into said recess, said lug being permanently located in said recess between said shoulders and coacting with at least one os said shoulders when said lever is manually pivoted about said pin to cause said locking member to be rotated about said pin to cause said locking member to be rotated as a unit with said lever in the direction of pivotal movements of the latter, a spring seat provided in one end of said locking member, a spring mounted on said pin between said locking member and a lever ear having one end engaged with said spring seat, the other end of said spring extending outwardly in parallelism with said pin through an opening in the associated lever ear and through an opening in the associated side wall of the buckle and being fixed to said associated side wall so that said locking member is normally biased into engagement with said belt end.
2. A buckle as defined in claim 1, in which said other end of the spring rests on said pin, and said lever ear opening forms part of the opening through which said pin extends, said opening having