PTAB

PGR2020-00002

LKQ Corp v. GM Global Technology Operations LLC

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Key Events
Petition
petition

1. Case Identification

2. Patent Overview

  • Title: Vehicle Rear Bumper
  • Brief Description: The ’043 patent claims the ornamental design for a vehicle rear bumper. The design features an elongated body with inset surfaces at the outer corners functioning as steps, a ridged top surface with a central depression, a lower perimeter scalloped upward in the center, and geometric cutouts on both sides of the central scallop.

3. Grounds for Unpatentability

Ground 1: Obviousness over Sierra in view of Escalade - The claim is obvious over the 2014 GMC Sierra in view of the 2012 Cadillac Escalade.

  • Prior Art Relied Upon: Patent Owner’s 2014 GMC Sierra (disclosed in a 2012 brochure and 2013 online article) and Patent Owner’s 2012 Cadillac Escalade (disclosed in a 2011 brochure and 2012 online article).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner asserted that the 2014 GMC Sierra (Sierra) is a proper primary reference because its design characteristics are "basically the same" as the claimed design of the ’043 patent. The Sierra was argued to disclose a rear bumper with the same overall shape, an elongated profile curving at the side edges, inset corner step surfaces, a ridged top surface with a central depression, and a scalloped lower perimeter. Petitioner contended that the only significant ornamental feature of the ’043 patent not present in the Sierra design is the pair of geometric cutouts on the lower perimeter. Minor alleged differences in the angles of the corner steps and central depression were characterized as de minimis. The secondary reference, the 2012 Cadillac Escalade (Escalade), was presented to supply the missing geometric cutouts, as it discloses a rear bumper with similar integrated, squared cutouts for exhaust pipes.
    • Motivation to Combine: Petitioner argued a person of ordinary skill in the art (POSA), specifically an automotive designer, would have been motivated to combine the features of the Sierra and Escalade. Both are similar large vehicles (truck/SUV) from the same patent owner (GM). A POSA would combine the base design of the Sierra with the known geometric cutout feature from the Escalade to create a "bolder, more powerful appearance" in the vehicle, which is a common goal in truck and SUV design.
    • Expectation of Success: A POSA would have had a reasonable expectation of success in this combination. The modification involves adding a well-understood design feature (exhaust cutouts) to an existing bumper design, a routine modification that would yield the predictable result of a bumper with integrated cutouts.

Ground 2: Obviousness over Sierra in view of Ford Atlas - The claim is obvious over the 2014 GMC Sierra in view of the Ford Atlas Concept Truck.

  • Prior Art Relied Upon: Patent Owner’s 2014 GMC Sierra (disclosed in a 2012 brochure and 2013 online article) and the Ford Atlas Concept Truck (disclosed in a 2013 online article).
  • Core Argument for this Ground:
    • Prior Art Mapping: This ground relied on the same primary reference, the 2014 GMC Sierra, with the same argument that it teaches nearly all ornamental features of the claimed design. The argument reiterated that the Sierra establishes the overall visual impression of the ’043 patent design, including its shape, corner steps, and top surface features. The Ford Atlas Concept Truck (Ford Atlas) was introduced as an alternative secondary reference to supply the geometric cutouts on the lower perimeter. The Ford Atlas, a vehicle in the same class, clearly depicts a rear bumper with prominent geometric cutouts for the exhaust system.
    • Motivation to Combine: The motivation to combine was framed similarly to Ground 1. A POSA would be motivated to modify the base Sierra design by incorporating the integrated squared cutouts shown on the Ford Atlas. Petitioner argued this modification would be a slight and obvious one, intended to update the design with a common, aesthetically desirable feature to create a more powerful and modern appearance, consistent with trends in the truck market.
    • Expectation of Success: The petition contended that combining the well-known feature of geometric cutouts from the Ford Atlas with the Sierra's overall design was a simple and predictable design choice. A POSA would expect the combination to be successful and to result in the visually integrated design claimed in the ’043 patent.

4. Key Claim Construction Positions

  • Petitioner argued that while a design is defined by its drawings, a verbal description is helpful for comparing it to the prior art. The petition provided a detailed verbal breakdown of the claimed design of the ’043 patent, asserting it comprises five key ornamental features:
    • An elongated bumper stretching horizontally and curving back at the side edges.
    • A ridged top surface with a center depression area defined by angled sides.
    • Inset surfaces in the vertical face of the bumper at the outer corners.
    • A lower perimeter line scalloped upward around a center line.
    • Geometric cutouts on the lower perimeter line on both sides of the scallop.
  • This breakdown formed the basis of Petitioner's prior art mapping, with each element being individually identified in the primary and secondary references across the asserted grounds. The construction focused only on the solid lines in the patent figures, as the broken lines are disclaimed subject matter.

5. Relief Requested

  • Petitioner requests institution of post-grant review and cancellation of the single claim of the ’043 patent as unpatentable for obviousness under 35 U.S.C. §103.