UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
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`TOYOTA MOTOR CORPORATION
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`Petitioner
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`Patent No. 6,738,697
`Issue Date: May 18, 2004
`Title: TELEMATICS SYSTEM FOR VEHICLE DIAGNOSTICS
`__________________________________________________________________
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`DECLARATION OF SCOTT ANDREWS
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`Case No. IPR2013-00413
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`IPR2013-00413 - Ex. 1106
`Toyota Motor Corp., Petitioner
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`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
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`TOYOTA MOTOR CORPORATION
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`Petitioner
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`Patent No. 6,738,697
`Issue Date: May 18, 2004
`Title: TELEMATICS SYSTEM FOR VEHICLE DIAGNOSTICS
`__________________________________________________________________
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`DECLARATION OF SCOTT ANDREWS
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`Case No. IPR2013-00413
`__________________________________________________________________
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`IPR2013-00413 - Ex. 1106
`Toyota Motor Corp., Petitioner
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`I, Scott Andrews, hereby declare and state as follows:
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`I.
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`BACKGROUND AND QUALIFICATIONS
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`1.
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`I am currently a consultant for Cogenia Partners, LLC, focusing on
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`systems engineering, business development and technical strategy supporting
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`automotive and information technology. I have been in this position since 2001. In
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`one of my active engagements, I serve as a co-principal investigator in a research
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`program funded by the Federal Highway Administration (FHWA), called Integrated
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`Advanced Transportation System. I also serve as a technical consultant in multiple
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`FHWA projects with ARINC and Booz Allen related to connected vehicle technology
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`research.
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`2.
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`I have over 30 years of professional experience in the field automotive
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`technologies and systems, including vehicle information systems and vehicle safety
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`and control systems. Further, I have authored numerous published technical papers
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`and am a named inventor on 11 U.S. and foreign patents.
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`3.
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`I received a Bachelor of Science degree in Electrical Engineering from
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`University of California, Irvine in 1977 and a Master of Science degree in Electronic
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`Engineering from Stanford University in 1982.
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`4.
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`From 1977 to 1979, I worked at Ford Aerospace where I designed,
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`tested and delivered microwave radar receiver systems.
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`5.
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`From 1979 to 1983, I worked at Teledyne Microwave, where I
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`developed high reliability microwave components and developed CAD tools.
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`6.
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`From 1983 to 1996, I worked at TRW, Inc., having held various
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`positions. From 1983 to 1993, I was a Manager of MMIC (monolithic-microwave-
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`integrated-circuit) Products Organization. In this role, I developed business strategy
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`and managed customer and R&D programs. During this time, I also developed the
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`first single chip 94 GHz Radar, used for automotive cruise control and anti-collision
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`systems. In 1993 I transferred to the TRW Automotive Electronics Group, and
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`managed about 30 engineers in the Systems Engineering and Advanced Product
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`Development organization. In this role, I managed advanced development programs
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`such as automotive radar, adaptive cruise control, occupant sensing, automatic crash
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`notification systems, in-vehicle information systems, and other emerging
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`transportation products.
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`7.
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`From 1996 to 2000, I was a Project General Manager in the R&D
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`Management Division at Toyota Motor Corporation in Japan. In that role, I
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`developed multimedia and new technology products and services for Toyota’s future
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`generations of passenger vehicles for the United States and Europe. I also established
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`the Automotive Multimedia Interface Collaboration, under the direction of Toyota’s
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`board members.
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`8.
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`In 2000, I founded Cogenia, Inc. to develop enterprise class data
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`management software systems. I served as the company’s Chief Executive Officer
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`until 2001, when I created Cogenia Partners, my current consulting firm.
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`9.
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`A copy of my curriculum vitae is attached hereto, and it includes a listing of
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`my prior experience in litigation matters as an expert.
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`II. ASSIGNMENT AND MATERIALS REVIEWED
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`10.
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`I submit this declaration in support of the Petition for Inter Parties
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`Review of U.S. Patent No. 6,738,697 (“the ’697 patent”), No. IPR2013-00413.
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`11.
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`I am not an employee of Toyota Motor Corporation (“Toyota”) or any
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`affiliate or subsidiary thereof.
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`12.
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`I am being compensated for my time at a rate of $425 per hour. My
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`compensation is in no way dependent upon the substance of the opinions I offer
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`below, or upon the outcome of Toyota’s petition for inter partes review (or the
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`outcome of such an inter partes review, if a trial is initiated).
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`13.
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`I have been asked to provide certain opinions relating to the patentability
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`of the ’697 patent. Specifically, I have been asked to provide my opinion regarding (i)
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`the level of ordinary skill in the art to which the ’697 patent pertains and (ii) the
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`patentability of claims 1, 2, 5, 10, 17-21, 26, 27, 32, 40, and 61.
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`14. The opinions expressed in this declaration are not exhaustive of my
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`opinions on the patentability of claims 1, 2, 5, 10, 17-21, 26, 27, 32, 40, and 61.
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`Therefore, the fact that I do not address a particular point should not be understood
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`to indicate any agreement on my part that any claim otherwise complies with the
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`patentability requirements.
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`15.
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`In forming my opinions, I have reviewed (i) the ’697 patent and its
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`prosecution history; and (ii) prior art to the ’697 patent, including:
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`(a) U.S. Patent No. 5,334,974 to Simms et al. (“Simms”); and
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`(b) U.S. Patent No. 4,897,642 to DiLullo et al. (“DiLullo”).
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`III. OVERVIEW OF THE ’697 PATENT
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`16. The ’697 patent names David S. Breed as its sole inventor. It is entitled
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`“Telematics System for Vehicle Diagnostics.” The ’697 patent states that it was filed
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`on July 3, 2002, and issued May 18, 2004. The ’697 patent also identifies itself as a
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`continuation-in-part of numerous other applications, the earliest of which is U.S. App.
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`No. 08/476,077, which was filed June 7, 1995 and issued as U.S. Patent No.
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`5,809,437.
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`17. The ’697 patent generally relates to a diagnostic system and method on a
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`vehicle that diagnoses the state of the vehicle or the state of a component of the
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`vehicle, generates an output representative of the diagnosis, and then employs a
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`communications device to automatically connect to a remote facility in order to
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`wirelessly transfer the output to the remote facility. (’697 patent, col. 1, ll. 37-42; col.
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`2, ll. 16-37; col. 11, ll. 26-67; col. 13, ll. 34-42; col. 13, ll. 54-58; col. 14, ll. 14-33; col.
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`14, l. 66 – col. 15, l. 7.)
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`18. The diagnosed “state of the vehicle” is a “diagnosis of the condition of
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`the vehicle with respect to its stability and proper running and operating condition.”
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`(’697 patent, col. 10, ll. 29-32.) This can include “excessive angular inclination,” “a
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`crash,” or “skidding.” (’697 patent, col. 10, ll. 32-41; see also col. 14, ll. 35-38.)
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`19. According to the ’697 patent, the system and method can also determine
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`if “one of the parts of the vehicle, e.g., a component, system or subsystem, is
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`operating abnormally.” (’697 patent, col. 10, ll. 39-42.)
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`20. The ’697 patent provides a variety of examples of components that can
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`be monitored and diagnosed by the vehicle’s monitoring system. These components
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`include, for example:
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`Engine; transmission; brakes and associated brake assembly; tires; wheel;
`steering wheel and steering column assembly; water pump; alternator;
`shock absorber; wheel mounting assembly; radiator; battery; oil pump;
`fuel pump; air conditioner compressor; differential gear; exhaust system;
`fan belts; engine valves; steering assembly; vehicle suspension including
`shock absorbers; vehicle wiring system; and engine cooling fan assembly.
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`(’697 patent, col. 30, l. 58 – col. 31, l. 23.)
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`21. According to the ’697 patent, in some cases the system can employ a
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`processor and sensors. (’697 patent, col. 13, ll. 8-14.) A variety of different types of
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`sensors can be used, including:
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`Airbag crash sensor; accelerometer; microphone; camera; antenna,
`capacitance sensor or other electromagnetic wave sensor; stress or strain
`sensor; pressure sensor; weight sensor; magnetic field sensor; coolant
`thermometer; oil pressure sensor; oil level sensor; air flow meter;
`voltmeter; ammeter; humidity sensor; engine knock sensor; oil turbidity
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`-6-
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`sensor; throttle position sensor; steering wheel torque sensor; wheel
`speed sensor; tachometer; speedometer; other velocity sensors; other
`position or displacement sensors; oxygen sensor; yaw, pitch and roll
`angular sensors; clock; odometer; power steering pressure sensor;
`pollution sensor; fuel gauge; cabin thermometer; transmission fluid level
`sensor; gyroscopes or other angular rate sensors including yaw, pitch and
`roll rate sensors; coolant level sensor; transmission fluid turbidity sensor;
`brake pressure sensor; tire pressure sensor; tire temperature sensor, and
`coolant pressure sensor.
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`(’697 patent, col. 31, l. 24 - col. 32, l. 11.)
`22. The system also includes a communications device, such as a “cellular
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`telephone system” or “satellite” system that allows the output of the diagnostic system
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`to be automatically transmitted to a remote location. (See id. at col. 13, ll. 35-43.) The
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`remote location may be, for example, a “repair facility” or “emergency response
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`station.” (Id. at col. 1, ll. 53-60.)
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`23. The ’697 patent explains that, in addition to transmitting diagnostic
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`information, a display or a warning system may also provide the vehicle occupants
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`with information regarding the diagnosis. (’697 patent, col. 13, ll. 25-34; col. 14, ll. 39-
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`44; col. 38, ll. 51-59; col. 41, ll. 9-19; col. 53, ll. 23-27; col. 82, l. 64 – col. 83, l. 1; Fig.
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`8).
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`24. Additionally, the system can further include a location determining
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`system, including a GPS based system. This allows vehicle location information to be
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`transmitted to the remote facility along with the diagnostic information. (Id. at col.
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`13, ll. 54-58.)
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`25. As noted above, I have also reviewed the prosecution history of the ’697
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`patent.
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`IV. CLAIMS OF THE ’697 PATENT
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`26. The ’697 patent includes 62 claims. Claims 1 and 21 are independent.
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`27.
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`I understand that claims 1, 2, 5, 10, 17-21, 26, 27, 32, 40, and 61 are at
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`issue in this inter partes review. These claims are reproduced below for reference:
`
`1. A vehicle, comprising:
`a diagnostic system arranged on the vehicle to diagnose the state of the
`vehicle or the state of a component of the vehicle and generate an
`output indicative or representative thereof; and
`a communications device coupled to said diagnostic system and arranged
`to automatically establish a communications channel between the
`vehicle and a remote facility without manual intervention and
`wirelessly transmit the output of said diagnostic system to the remote
`facility.
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`2. The vehicle of claim 1, wherein said diagnostic system comprises a
`plurality of vehicle sensors mounted on the vehicle, each of said
`sensors providing a measurement related to a state of said sensor or a
`measurement related to a state of the mounting location and a
`processor coupled to said sensors and arranged to receive data from
`said sensors and process the data to generate the output indicative or
`representative of the state of the vehicle or the state of a component
`of the vehicle.
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`5. The vehicle of claim 1, further comprising a display arranged in the
`vehicle in a position to be visible from the passenger compartment,
`said display being coupled to said diagnostic system and arranged to
`display the diagnosis of the state of the vehicle or the state of a
`component of the vehicle.
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`10. The vehicle of claim 1, wherein said diagnostic system comprises a
`plurality of sensors mounted at different locations on the vehicle,
`each of said sensors providing a measurement related to a state of
`said sensor or a measurement related to a state of the mounting
`location and a processor coupled to said sensor systems and arranged
`to diagnose the state of the vehicle or the state of the component of
`the vehicle based on the measurements of said sensors.
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`17. The vehicle of claim 2, wherein said processor is arranged to control
`at least one part of the vehicle based on the output indicative or
`representative of the state of the vehicle or the state of a component
`of the vehicle.
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`18. The vehicle of claim 1, further comprising a warning device coupled
`to said diagnostic system for relaying a warning to an occupant of the
`vehicle relating to the state of the vehicle or the state of the
`component of the vehicle as diagnosed by said diagnostic system.
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`19. The vehicle of claim 1, further comprising a location determining
`system
`for determining
`the
`location of
`the vehicle, said
`communications device being coupled to said location determining
`system and arranged to transmit the determined location of the
`vehicle to the remote facility.
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`20. The vehicle of claim 19, wherein said location determining system
`uses GPS technology.
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`21. A method for monitoring a vehicle, comprising the steps of:
`diagnosing the state of the vehicle or the state of a component of the
`vehicle by means of a diagnostic system arranged on the vehicle;
`generating an output indicative or representative of the diagnosed state
`of the vehicle or the diagnosed state of the component of the vehicle;
`and
`transmitting the output indicative or representative of the diagnosed
`state of the vehicle or the diagnosed state of the component of the
`vehicle from the vehicle to a remote location.
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`26. The method of claim 21, further comprising the steps of:
`arranging a display in the vehicle in a position to be visible from the
`passenger compartment; and
`displaying the state of the vehicle or the state of a component of the
`vehicle on the display.
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`27. The method of claim 21, further comprising the step of relaying a
`warning to an occupant of the vehicle relating to the state of the
`vehicle.
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`32. The method of claim 21, wherein the step of diagnosing the state of
`the vehicle or the state of the component of the vehicle comprises
`the steps of mounting a plurality of sensors on the vehicle, measuring
`a state of each sensor or a state of the mounting location of each
`sensor and diagnosing the state of the vehicle or the state of a
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`component of the vehicle based on the measurements of the state of
`the sensors or the state of the mounting locations of the sensors.
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`40. The method of claim 21, further comprising the steps of:
`determining the location of the vehicle; and
`transmitting the determined location of the vehicle to the remote
`location in conjunction with the output.
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`61. The method of claim 21, wherein the step of transmitting the output
`to the emote [sic] facility comprises the step of automatically
`establishing a communications channel between the vehicle and the
`remote facility without manual intervention to thereby enable the
`output to be transmitted from the vehicle to the remote facility.
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`V.
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`CLAIM CONSTRUCTION
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`28.
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`In rendering the opinions set forth in this declaration, I have considered
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`what one of ordinary skill in the art would consider to be the broadest reasonable
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`construction of the ’697 patent’s claim terms.
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`29.
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`I note that the ’697 patent provides express definitions for five claim
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`terms.
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`“Component,” part of claims 1 and 21, is defined to mean “any
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`part or assembly of parts which is mounted to or a part of a
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`motor vehicle and which is capable of emitting a signal
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`representative of its operating state.” (’697 patent, col. 30, l. 58 –
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`col. 31, l. 22.)
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`“Part,” part of claim 17, is defined to mean “any component,
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`sensor, system or subsystem of the vehicle such as the steering
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`system, braking system, throttle system, navigation system, airbag
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`system, seatbelt retractor, air bag inflation valve, air bag inflation
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`controller and airbag vent valve, as well as those listed below in
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`the definitions of ‘component’ and ‘sensor.’” (’697 patent, col. 10,
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`ll. 51-57.)
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`
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`“Sensor,” part of claims 2, 10, and 32, is defined to mean “any
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`measuring, detecting or sensing device mounted on a vehicle or
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`any of its components including new sensors mounted in
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`conjunction with the diagnostic module in accordance with the
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`invention.” (’697 patent, col. 31, l. 24 – col. 32, l. 11.)
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`“Sensor system,” part of claim 10, is defined to mean “any of the
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`sensors listed below in the definition of ‘sensor’ as well as any
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`type of component or assembly of components which detect,
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`sense or measure something.” (’697 patent, col. 10, ll. 58-61.)
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`
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`“State of the vehicle,” part of claims 1 and 21, is defined to mean
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`“diagnosis of the condition of the vehicle with respect to its
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`stability and proper running and operating condition.” (’697
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`patent, col. 10, ll. 30-33.)
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`I have applied these definitions when assessing the ’697 patent in view of the prior art.
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`30.
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` With respect to the other terms in the ’697 patent’s claims, I have
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`applied the plain and ordinary meaning of those claim terms when comparing the
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`claims to the prior art.
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`VI.
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`INVALIDITY ANALYSIS
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`31.
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`In my opinion, claims 1, 2, 5, 10, 17-21, 26, 27, 32, 40, and 61 of the ’697
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`patent are all unpatentable and invalid as either anticipated by or obvious over the
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`prior art.
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`32.
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`I understand that a patent claim is anticipated when a single piece of
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`prior art describes every element of the claimed invention, either expressly or
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`inherently arranged in the same way as in the claim. For inherent anticipation to be
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`found, it is required that the missing descriptive material is necessarily present in the
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`prior art. I understand that, for the purpose of an inter partes review, prior art that
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`anticipates a claim can include both patents and printed publications from anywhere
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`in the world.
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`33.
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`I understand that a patent claim is unpatentable and invalid if the subject
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`matter of the claim as a whole would have been obvious to a person of ordinary skill
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`in the art of the claimed subject matter as of the time of the invention at issue. I
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`understand that the following factors must be evaluated to determine whether the
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`claimed subject matter is obvious: (1) the scope and content of the prior art; (2) the
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`difference or differences, if any, between each claim of the patent and the prior art;
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`and (3) the level of ordinary skill in the art at the time the patent was filed. Unlike
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`anticipation, which allows consideration of only one item of prior art, I understand
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`that obviousness may be shown by considering more than one item of prior art.
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`Moreover, I have been informed and I understand that so-called objective indicia of
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`non-obviousness, also known as “secondary considerations,” like the following are
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`also to be considered when assessing obviousness: (1) commercial success; (2) long-
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`felt but unresolved needs; (3) copying of the invention by others in the field; (4) initial
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`expressions of disbelief by experts in the field; (5) failure of others to solve the
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`problem that the inventor solved; and (6) unexpected results. I also understand that
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`evidence of objective indicia of non-obviousness must be commensurate in scope
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`with the claimed subject matter.
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`A.
`34.
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`Person of Ordinary Skill in the Art
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`I understand that a patent must be written such that it can be
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`understood by a “person of ordinary skill” in the field of the patent.
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`35.
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`I understand that this hypothetical person of ordinary skill in the art is
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`considered to have the normal skills and knowledge of a person in a certain technical
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`field, as of the time of the inventions at issue. I understand that factors that may be
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`considered in determining the level of ordinary skill in the art include: (1) the
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`education level of the inventor; (2) the types of problems encountered in the art; (3)
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`the prior art solutions to those problems; (4) rapidity with which innovations are
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`made; (5) the sophistication of the technology; and (6) the education level of active
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`workers in the field. I also understand that “the person of ordinary skill” is a
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`hypothetical person who is presumed to be aware of the universe of available prior
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`art.
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`36.
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`In my opinion, in June of 1995, a person with ordinary skill in the art
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`with respect to the technology disclosed by the ’697 patent would have at least a
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`Bachelor of Science degree in Electrical Engineering, Mechanical Engineering, or
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`another technical field as well as two to three years of work experience in connection
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`with automobile electronics and telematics.
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`37. Based on my experience and education, I consider myself (both now and
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`as of June 1995) to be a person of at least ordinary skill in the art with respect to the
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`field of technology implicated by the ’697 patent.
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`B.
`Scope and Content of the Prior Art
`38. The scope and content of the prior art as of June 1995 would have
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`broadly included vehicle electronics, diagnostics, and communications (including
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`automobile, truck, airplane, train, and other vehicle electronics, diagnostics, and
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`communications).
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`39.
`
`In my opinion, one of ordinary skill in the art as of June 1995 would
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`have considered Simms and DiLullo to be within the same technical field as the
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`subject matter set forth in the ’697 patent. Further, both of these references would be
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`considered highly relevant prior art to the claims of the ’697 patent.
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`C.
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`40.
`
`Simms Anticipates Claims 1, 2, 5, 10, 17-21, 26, 27, 32, 40, and 61 of
`the ’697 patent
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`Simms issued on Aug. 2, 1994, and was filed Feb. 6, 1992. As a result, I
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`understand that Simms is prior art to the ’697 patent pursuant to both 35 U.S.C. §
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`102(a) because it was published prior to the earliest June 1995 filing date listed on the
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`face of the ’697 patent, and 35 U.S.C. § 102(e) because it was filed before that June
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`1995 date.
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`41.
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`Simms is not listed on the face of the ’697 patent. Further, based on my
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`review of the patent’s prosecution history, I note that Simms was not referenced or
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`relied on by the examiner in rejecting or analyzing the claims.
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`42.
`
`Simms generally relates to a “fully automatic personal security system”
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`that can be used with a vehicle. (Simms, Abstract; col. 3, ll. 31-36.) The system
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`monitors “remote sensors” to diagnose vehicle emergencies including a fire, theft,
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`collision, airbag activation, or vehicle breakdown. (Simms, col. 1, ll. 33-34; col. 6, ll.
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`19-30.)
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`43.
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`In my opinion, Simms discloses all the elements of claims 1, 2, 5, 10, 17-
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`21, 26, 27, 32, 40, and 61 of the ’697 patent.
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`
`1.
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`Simms Discloses All the Elements of Claim 1
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`44.
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`Simms discloses a “vehicle.” In particular, Simms explains that its
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`system “can be employed with any type of vehicle, including boats and planes.”
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`(Simms, col. 4, ll. 35-41; see also id. at col. 5, ll. 7-10.) Figure 1 of the patent also shows
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`application of the system to an automobile:
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`45.
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`Simms discloses “a diagnostic system arranged on the vehicle to
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`diagnose the state of the vehicle or the state of a component of the vehicle and
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`generate an output indicative or representative thereof.” In particular, Simms explains
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`that its system includes a “mobile unit 32” located on the vehicle that receives signals
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`from “a plurality of remote sensors 41.” (Simms, col. 6, ll. 7-11.) The sensors can
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`include “smoke or heat detectors for detecting a fire within the vehicle, a tamper
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`switch or motion detector for detecting a possible theft of the vehicle, an impact
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`detector for detecting a collision, a sensor for detecting activation of a vehicle air-bag,
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`and any of numerous other sensor types for automatically detecting a wide variety of
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`personal security situations.” (Simms, col. 6, ll. 19-30.) The “mobile unit” includes “a
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`microcontroller 310.” (Simms, col. 8, ll. 16-25.) The “mobile unit 32” “continuously
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`polls remote sensors 41 to detect vehicular security conditions.” (Simms, col. 7, ll. 3-
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`8.) Various vehicle conditions can be diagnosed, including an “accident” or “vehicle
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`breakdown.” (Simms, col. 1, ll. 33-34.) If a “personal security situation” is detected, a
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`“personal security system message” is output by the system. (Simms, col. 11, l. 65 –
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`col. 12, l. 11.) This message includes a “digital code corresponding to the alarm
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`condition” that was generated by the system’s processor in view of its diagnosis.
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`(Simms, col. 4, ll. 13-18.) These features are also shown in Simms’ figures. Figure 4
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`shows a “microcontroller” that receives input from “remote sensors” and generates
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`diagnostic outputs as a result:
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`The flowchart of Figure 6A shows that the “microcontroller” “poll[s] remote sensors
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`41” to determine if a “personal security situation” exists:
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`Simms discloses “a communications device coupled to said diagnostic
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`46.
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`system and arranged to automatically establish a communications channel between the
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`vehicle and a remote facility without manual intervention and wirelessly transmit the
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`output of said diagnostic system to the remote facility.” In particular, Simms explains
`
`that its system includes a “cellular telephone or other communication device (such as
`
`a communication satellite) connected to the processor through a first communication
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`circuit which communicates the digital code to a central dispatch station via the
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`cellular phone.” (Simms, col. 4, ll. 18-24; see also id. at col. 3, ll. 48-54; col. 6, ll. 7-11.)
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`This communication device allows Simms’ system to “automatically summon an
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`-19-
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`
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`emergency response in accordance with the specific personal needs of the mobile
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`person.” (Simms, col. 3, ll. 31-36.) More particularly, Simms explains that “if a
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`personal security situation is detected …, then the program continues to step 521
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`where microcontroller 310 attempts to transmit the personal security system message.
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`At step 522, the microcontroller 310 begins to time a redial interval. At step 524, the
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`microcontroller 310 causes adapter module 360 to seize control of the cellular
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`telephone 60. This is done even if the cellular phone was already in use. At step 526,
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`the microcontroller 310 dials the central dispatch station 40. … [I]f the central
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`dispatch station 40 answers, then at step 528 the microcontroller 310 again polls
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`position locator 70 for new latitude and longitude coordinate data and the personal
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`security system message is formatted for transmission to the central dispatch station
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`40. At step 529, the personal security system message is transmitted.” (Simms, col.
`
`12, ll. 7-29; see also id. at col. 5, ll. 15-23; col. 7, ll. 23-30.) This is also depicted in
`
`Figure 6A, which shows that, after the “microcontroller” detects a “personal security
`
`situation,” the “personal security message” is sent to a “central dispatch station” via a
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`“cellular telephone”:
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`-20-
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`2.
`Simms Discloses All the Elements of Claim 2
`47. Claim 2 of the ’697 patent depends on claim 1 and further requires “a
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`plurality of vehicle sensors mounted on the vehicle, each of said sensors providing a
`
`measurement related to a state of said sensor or a measurement related to a state of
`
`the mounting location.” Simms discloses this element. In particular, Simms explains
`
`that its system includes “a plurality of remote sensors 41 each connected to the
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`mobile unit 32.” (Simms, col. 6, ll. 7-11.) According to Simms, these sensors can
`
`include “smoke or heat detectors for detecting a fire within the vehicle, a tamper
`
`switch or motion detector for detecting a possible theft of the vehicle, an impact
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`-21-
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`
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`detector for detecting a collision, a sensor for detecting activation of a vehicle air-bag,
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`and any of numerous other sensor types for automatically detecting a wide variety of
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`personal security situations.” (Simms, col. 6, ll. 19-30.) The sensors are shown in
`
`Figure 4:
`
`
`48. Claim 2 also requires “a processor coupled to said sensors and arranged
`
`to receive data from said sensors and process the data to generate the output
`
`indicative or representative of the state of the vehicle or the state of a component of
`
`the vehicle.” Simms also discloses this element. In particular, Simms explains that its
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`system includes a “mobile unit 32” located on the vehicle that receives signals from
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`the “plurality of remote sensors 41.” (Simms, col. 6, ll. 7-11.) The “mobile unit”
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`includes “a microcontroller 310.” (Simms, col. 8, ll. 16-25.) The “mobile unit 32”
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`“continuously polls remote sensors 41 to detect vehicular security conditions.”
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`(Simms, col. 7, ll. 3-8.) Various vehicle conditions can be diagnosed, including an
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`-22-
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`
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`“accident” or “vehicle breakdown.” (Simms, col. 1, ll. 33-34.) If a “personal security
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`situation” is detected, a “personal security system message” is output by the system.
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`(Simms, col. 11, l. 65 – col. 12, l. 11.) This message includes a “digital code
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`corresponding to the alarm condition” that was generated by the system’s processor
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`in view of its diagnosis. (Simms, col. 4, ll. 13-18.) These features are also shown in
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`Simms’ figures. Figure 4 shows a “microcontroller” that receives input from “remote
`
`sensors” and generates diagnostic outputs as a result:
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`Figure 6A shows that the “microcontroller” “poll[s] remote sensors 41” to determine
`
`if a “personal security situation” exists:
`
`
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`-23-
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`3.
`Simms Discloses All the Elements of Claim 5
`49. Claim 5 of the ’697 patent depends on claim 1 and further requires “a
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`display arranged in the vehicle in a position to be visible from the passenger
`
`compartment, said display being coupled to said diagnostic system and arranged to
`
`display the diagnosis of the state of the vehicle or the state of a component of the
`
`vehicle.” Simms discloses all the elements of this claim. In particular, Simms explains
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`that “[m]obile unit 32 includes a display 34, which is preferably a liquid crystal display
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`(LCD) for displaying messages to the mobile person” (i.e., the vehicle occupant).
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`(Simms, col. 6, ll. 51-53.) A display located in the vehicle dashboard is shown in
`
`-24-
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`
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`Figure 2:
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`
`
`
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`Additionally, the display is also connected to Simms’ “microcontroller 310” via
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`“CONTROL, DATA, and ADDRESS busses” to allow various outputs of the
`
`microcontroller to be displayed to the vehicle occupants. (Simms, col. 9, ll. 14-18.)
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`This is shown in Figure 4:
`
`
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`-25-
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`
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`In view of the above, one of ordinary skill in the art would have understood that
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`Simms’ display would display diagnosed emergencies, and that this display, as shown
`
`in Figure 2 above, would be visible from the passenger compartment. Simms also
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`explains that “data [from central dispatch station 40] may be interpreted by
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`microcontroller 310 or it may be used to directly access and control any of the
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`peripheral devices, including the display device 34.” (Simms, col. 9, ll. 6-10.)
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`Similarly, after an emergency call has been made, “to provide assurance to the vehicle
`
`operator, the central dispatch station 40 must acknowledge receipt of the personal
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`security system message. … The call-back confirmation is indicated on the
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`alphanumeric display device 34.” (Simms, col. 12, ll. 30-35.)
`
`
`4.
`Simms Discloses All the Elements of Claim 10
`50. Claim 10 of the ’697 patent depends on claim 1 and further requires “a
`
`plurality of sensors mounted at different locations on the vehicle, each of said sensors
`
`providing a measurement related to a state of said sensor or a measurement related to
`
`a state of the mounting location.” In my opinion, Simms discloses this element for
`
`the same reasons I described above in connection with the “a plurality of vehicle
`
`sensors mounted on the vehicle, each of said sensors providing a measurement related
`
`to a state of said sensor or a measurement related to a state of the mounting location”
`
`element of claim 2.
`
`51. Claim 10 also requires “a processor coupled to said sensor systems and
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`arranged to diagnose the state of the vehicle or the state of the component of the
`
`-26-
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`vehicle based on the measurements of said sensors.” In my opinion, Simms discloses
`
`this element for the same reasons I described above in connection with the “a
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`processor coupled to said sensors and arranged to receive data from said sensors and
`
`process the data to generate the output indicative or representative of the state of the
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`vehicle or the state of a component of the vehicle” element of claim 2.
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`5.
`Simms Discloses All the Elem
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