UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`TOYOTA MOTOR CORPORATION
`
`Petitioner
`
`
`
`Patent No. 8,036,788
`Issue Date: October 11, 2011
`Title: VEHICLE DIAGNOSTIC OR PROGNOSTIC MESSAGE
`TRANSMISSION SYSTEMS AND METHODS
`__________________________________________________________________
`
`DECLARATION OF RALPH WILHELM, JR., PH.D.
`
`
`Case No. IPR2013-00417
`__________________________________________________________________
`
`1
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`
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`IPR2013-00417 - Ex. 1008
`Toyota Motor Corp., Petitioner
`
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`TOYOTA MOTOR CORPORATION
`
`Petitioner
`
`
`
`Patent No. 8,036,788
`Issue Date: October 11, 2011
`Title: VEHICLE DIAGNOSTIC OR PROGNOSTIC MESSAGE
`TRANSMISSION SYSTEMS AND METHODS
`__________________________________________________________________
`
`DECLARATION OF RALPH WILHELM, JR., PH.D.
`
`
`Case No. IPR2013-00417
`__________________________________________________________________
`
`1
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`
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`IPR2013-00417 - Ex. 1008
`Toyota Motor Corp., Petitioner
`
`
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`I, Ralph Wilhelm, Jr., Ph.D., hereby declare and state as follows:
`
`I.
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`BACKGROUND AND QUALIFICATIONS
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`1.
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`I am currently the President of Wilhelm Associates, LLC, a consulting
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`firm that I founded in 2001. The firm specializes in automotive electronics,
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`telematics, systems engineering, data communications between systems and devices,
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`and product/market and business strategies. In this role, I provide advice and
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`assistance in the development and use of market assessment methodologies, product
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`requirement definitions, product design, product and market strategy, and product
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`implementation in my areas of technical expertise.
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`2.
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`I have over forty years of professional experience in the field of
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`automotive technologies and systems, with an emphasis on vehicle diagnostics,
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`telematics, and active safety technologies. Further, I have authored dozens of
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`published technical papers and delivered several keynote addresses concerning
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`automotive electronic systems. In addition, I am a named inventor on three issued
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`U.S. patents directed to methods of constructing automotive sensors: U.S. Pat. No.
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`4,244,798; U.S. Pat. No. 4,253,931; and U.S. Pat. No. 4,303,490.
`
`3.
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`I received a Bachelor of Science degree in Electrical Engineering from
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`Cornell University in 1967, a Doctor of Philosophy degree in Ceramic Engineering
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`from Rutgers University in 1972, a Master of Business Administration degree in
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`Operations and Strategy from the University of Michigan in 1987, and an Executive
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`2
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`
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`Management Program certificate from the University of Illinois in 1985.
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`4.
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`I was a Senior Research Scientist from 1971 to 1978 at General Motors
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`Research Laboratories. Thereafter, from 1978 to 1984, I worked in General Motors
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`Corporation’s AC Spark Plug Division as the Supervisor and Department Head of
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`Materials Development.
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`5.
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`From 1984 to 2001, I worked at the AC Spark Plug Division and Delphi
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`Delco Electronics Corporation, having held various positions. I was the Department
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`Head of Advanced Instruments & Display from 1984 to 1989. Next, from 1989 to
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`1994, I was a Director of Advanced Development/Systems Integration. In this role, I
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`oversaw the design and development of automotive technology systems, including,
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`for example, a precursor system to the OnStar telematics system, navigation systems,
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`advanced engine control systems, night vision systems, millimeter wave-based radar
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`systems, and digital audio systems. From 1994 to 1997, I was a Vice President of
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`Engineering for Asia/Pacific, and oversaw product launches for audio, powertrain
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`control, and security systems, as well as the co-development of advanced systems with
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`Toyota, Honda, Holdens, Daewoo, and other vehicular OEMs. From 1997 to 2001, I
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`was a Product Line Manager in the Mobile Multi-Media Systems division. In this role,
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`I managed product lines covering telematics, navigation, RSAV, and DSRC systems,
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`some of which were later acquired and installed in vehicles by Toyota, General
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`Motors, Honda, and Ford.
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`6.
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`A copy of my curriculum vitae is attached hereto, and it includes a listing of
`3
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`
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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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`7.
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`I submit this declaration in support of the Petition for Inter Partes Review
`
`of U.S. Patent No. 8,036,788 (“the ’788 patent”), No. IPR2013-00417.
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`8.
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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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`9.
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`I am being compensated for my time at a rate of $500 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).
`
`10.
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`I have been asked to provide certain opinions relating to the patentability
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`of the ’788 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 ’788 patent pertains and (ii) the
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`patentability of claims 1, 3, 4, 6-9, 11, 15, 16, and 18.
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`11. The opinions expressed in this declaration are not exhaustive of my
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`opinions on the patentability of claims 1, 3, 4, 6-9, 11, 15, 16, and 18. Therefore, the
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`fact that I do not address a particular point should not be understood to indicate any
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`agreement on my part that any claim otherwise complies with the patentability
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`requirements.
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`12.
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`In forming my opinions, I have reviewed (i) the ’788 patent and its
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`4
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`
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`prosecution history; and (ii) prior art to the ’788 patent, including:
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`(a) U.S. Pat. No. 5,400,018 to Scholl et al. (“Scholl”)
`
`(b)
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`Japanese Patent Publication No. H01-197145 to Ishihara et
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`al. and a translation of the same (“Ishihara”);
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`(c) Fry, “Diesel Locomotive Reliability Improvement by
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`System Monitoring,” Proceedings of the Institution of Mechanical
`
`Engineers, Part F: Journal of Rail and Rapid Transit, Vol. 209,
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`Jan. 1, 1995 (“Fry”); and
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`(e) Mogi, “Prospects for Failure Diagnostics of Automotive
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`Electronic Control Systems,” Leading Change: the Transportation
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`Electronic Revolution: Proceedings of the 1994 International
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`Congress on Transportation Electronics, pp. 477-488, Oct. 1994
`
`(“Mogi”).
`
`III. OVERVIEW OF THE ’788 PATENT
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`13. The ’788 patent names David S. Breed as its sole inventor. It is entitled
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`“Vehicle Diagnostic or Prognostic Message Transmission Systems and Methods.”
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`The ’788 patent states that it was filed on August 9, 2007, and issued October 11,
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`2011. The ’788 patent also identifies itself as a continuation-in-part of numerous
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`other applications, the earliest of which is U.S. App. No. 08/476,077, which was filed
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`June 7, 1995, and issued as U.S. Patent No. 5,809,437.
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`
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`5
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`
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`14. The ’788 patent generally relates to methods and systems for
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`transmitting diagnostic or prognostic messages relating to vehicle components or
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`subsystems from the vehicle to a remote site. (’788 patent, col. 3, ll. 6-8.)
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`15. The patent sets forth a method whereby a plurality of vehicle
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`components are monitored for a “triggering event.” These components 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 assembly;
`exhaust system; fan belts; engine valves; steering assembly; vehicle
`suspension including shock absorbers; vehicle wiring system; and engine
`cooling fan assembly.
`
`(Id. at col. 8, ll. 11-18.)
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`16. The “triggering event” may be the failure of, the predicted failure of, or
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`the generation of a fault code in connection with the monitored vehicle components.
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`(Id. at col. 4, ll. 54-56.)
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`17.
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`In response to the occurrence of the triggering event, a wireless
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`communication is initiated between the vehicle and a remote site. This allows for the
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`transmission of either a diagnostic message, in the event of a component failure, or a
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`prognostic message, in the event of a predicted failure. (Id. at col. 4, ll. 47-52.) The
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`remote site that receives the message can be a vehicle dealer, vehicle manufacturer,
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`6
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`
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`monitoring or maintenance facility, or another vehicle. (Id. at col. 3, ll. 53-67; col. 4, ll.
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`52-54.)
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`18. A wireless communications unit on the vehicle transmits the diagnostic
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`or prognostic message. (Id. at col. 4, l. 65 – col. 5, l. 4.)
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`19. According to the ’788 patent, the method and system may employ a
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`diagnostic module and multiple sensors. (Id. at col. 4, ll. 58-65.) A variety of different
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`types of sensors can be used, including:
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`Airbag crash sensor; microphone; camera; chemical sensor; vapor
`sensor; antenna, capacitance sensor or other electric field 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 sensor; throttle position
`sensor; steering wheel torque sensor; wheel speed sensor; tachometer;
`speedometer; other velocity sensors; other position or displacement
`sensors; oxygen or other gas 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;
`accelerometers including single axis, dual axis and triaxial accelerometers;
`an inertial measurement unit; coolant level sensor; transmission fluid
`turbidity sensor; brake pressure sensor; tire pressure sensor; tire
`temperature sensor, tire acceleration sensor; GPS receiver; DGPS
`receiver; and coolant pressure sensor.
`
`(Id. at col. 8, ll. 25-44.)
`
`
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`7
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`20. As noted above, I have also reviewed the prosecution history of the ’788
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`patent.
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`IV. CLAIMS OF THE ’788 PATENT
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`21. The ’788 patent includes 21 claims. Claims 1 and 4 are independent.
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`22.
`
`I understand that claims 1, 3, 4, 6-9, 11, 15, 16, and 18 are at issue in this
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`inter partes review. These claims are reproduced below for reference:
`
`1. A method for providing status data for vehicle maintenance,
`comprising:
`monitoring for a triggering event on a vehicle having a wireless
`communications unit, the triggering event relating to a diagnostic or
`prognostic analysis of at least one of a plurality of different
`components or subsystems of the vehicle; and
`initiating a wireless transmission between the communications unit and a
`remote site separate and apart from the vehicle in response to the
`triggering event, the transmission including a diagnostic or prognostic
`message about the at least one component or subsystem.
`
`3. The method of claim 1, wherein the triggering event is a failure,
`predicted failure or fault code generation of the at least one component
`or subsystem.
`
`4. A system for providing status data for vehicle maintenance,
`comprising:
`a diagnostic module including at least one sensor for monitoring a
`plurality of different components or subsystems of the vehicle, said
`diagnostic module being arranged to analyze monitoring data
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`
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`8
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`
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`provided by said at least one sensor and detect a triggering event
`relating to a diagnostic or prognostic analysis of at least one of the
`plurality of different components or subsystems of the vehicle; and
`a wireless communications unit arranged to interface with a wireless
`communications network, said communications unit being coupled
`to said diagnostic module and initiating a wireless transmission
`between said communications unit and a remote site separate and
`apart from the vehicle in response to the triggering event, the
`transmission including a diagnostic or prognostic message about the
`at least one component or subsystem.
`
`6. The system of claim 4, wherein the triggering event is a failure,
`predicted failure or fault code generation of the at least one component
`or subsystem.
`
`7. The method of claim 1, wherein the step of monitoring for the
`triggering event comprises providing at least one sensor that monitors
`the at least one component or subsystem.
`
`8. The method of claim 7, wherein the at least one sensor is part of a
`diagnostic module on the vehicle, further comprising configuring the
`diagnostic module to analyze data obtained by the at least one sensor in
`order to diagnose operability of the at least one component of subsystem
`and generate the triggering event based on diagnostic criteria.
`
`9. The method of claim 7, wherein the at least one sensor is part of a
`diagnostic module on the vehicle, further comprising configuring the
`diagnostic module to analyze data obtained by the at least one sensor in
`order to predict failure of the at least one component of subsystem and
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`
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`9
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`generate the triggering event based on prognostic criteria.
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`11. The method of claim 1, wherein the step of monitoring for the
`triggering event comprises providing a plurality of different sensors that
`monitor the at least one component or subsystem.
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`15. The system of claim 4, wherein said diagnostic module is arranged to
`analyze monitoring data provided by said at least one sensor and detect
`the triggering event relating to predictive, prognostic analysis of the at
`least one component or subsystem of the vehicle.
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`16. The system of claim 4, wherein said diagnostic module is arranged to
`analyze monitoring data provided by said at least one sensor and detect
`the triggering event relating to diagnostic analysis of the at least one
`component or subsystem of the vehicle.
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`18. The system of claim 4, wherein said diagnostic module comprises a
`plurality of different, sensors.
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`V.
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`CLAIM CONSTRUCTION
`
`23.
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`In rendering the opinions set forth in this declaration, I have considered
`
`what one of ordinary skill in the art would consider to be the broadest reasonable
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`construction of the ’788 patent’s claim terms.
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`24.
`
`I note that the ’788 patent provides express definitions for two claim
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`terms. In particular, the term “component” of claims 1 and 4 is defined to mean “any
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`part or assembly of parts which is mounted to or a part of a motor vehicle and which
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`is capable of emitting a signal representative of its operating state.” (Id. at col. 8, ll. 5-
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`
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`10
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`
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`10.) The term “sensor” of claim 4, 7, and 11 is defined to mean “any measuring,
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`detecting or sensing device mounted on a vehicle or any of its components including
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`new sensors mounted in conjunction with the diagnostic module in accordance with
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`the invention.” (Id. at col. 8, ll. 19-24.) I have applied these definitions when
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`assessing the ’788 patent in view of the prior art.
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`25.
`
` With respect to the other terms in the ’788 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.
`
`VI.
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`INVALIDITY ANALYSIS
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`26.
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`In my opinion, claims 1, 3, 4, 6-9, 11, 15, 16, and 18 of the ’788 patent
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`are all invalid as either anticipated by or obvious over the prior art.
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`27.
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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, and arranged in the same way as in the claim. For inherent anticipation to
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`be found, it is required that the missing descriptive material is necessarily present in
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`the 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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`28.
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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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`11
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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.
`
`A.
`29.
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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
`
`understood by a “person of ordinary skill” in the field of the patent.
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`30.
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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 invention at issue. I understand that factors that may be
`12
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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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`31.
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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 ’788 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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`32. 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 ’788 patent.
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`B.
`Scope and Content of the Prior Art
`33. 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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`34.
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`In my opinion, one of ordinary skill in the art as of June 1995 would
`13
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`have considered Scholl, Ishihara, Fry, and Mogi to be within the same technical field
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`as the subject matter set forth in the ’788 patent. Further, all of these references
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`would be considered highly relevant prior art to the claims of the ’788 patent.
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`C.
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`35.
`
`Scholl Anticipates 1, 3, 4, 6, 7, 8, 9, 11, 15, 16, and 18 of the ’788
`Patent
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`Scholl issued March 21, 1995, and was filed December 22, 1992. As a
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`result, I understand that Scholl is prior art to the ’788 patent pursuant to at least 35
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`U.S.C. §§ 102(a) and 102(e), because it was both published and filed prior to the
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`earliest June 1995 filing date listed on the face of the ’788 patent.
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`36. While Scholl is one of the references listed on the face of the ’788
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`patent, based on my review of the patent’s prosecution history, I note that Scholl was
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`not referenced or relied on by the examiner in rejecting or analyzing the claims.
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`37.
`
`Scholl generally relates to vehicles with “diagnostic systems and
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`advanced sensor arrays.” (Scholl, col. 1, ll. 6-9, 19-23.)
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`38. The disclosed system can be applied to, for example, work vehicles at a
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`“mine site” or “a fleet of highway transportation trucks” that “operate over a larger
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`less-defined area.” (Id. at col. 2, ll. 40-51; col. 3, ll. 13-17; Figs. 1, 2.)
`
`39.
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`In my opinion, Scholl discloses all the elements of claims 1, 3, 4, 6, 7, 8,
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`9, 11, 15, 16, and 18 of the ’788 patent.
`
`Scholl Discloses All the Elements of Claim 1
`
`1.
`Scholl discloses a “method for providing status data for vehicle
`
`40.
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`14
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`maintenance.” In particular, Scholl explains that the vehicles it discloses “generate a
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`set of data relating to its operation. The data is relayed according to the method of the
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`present invention to a service support hub 112. At the service support hub 112 an
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`expert 114 reviews the data from the vehicle 104,106. After analysis, the expert 114
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`may issue a set of repair instructions. The repair instructions are relayed to the service
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`center 110 at the mine site 102 and/or to a dealer service center 118. Depending
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`upon the needed repairs, the maintenance may be done at the service center or the
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`dealer service center 118.” (Id. at col. 2, ll. 58-68; see also col. 1, ll. 6-9; col. 1, ll. 14-18.)
`
`41.
`
`Scholl discloses “monitoring for a triggering event on a vehicle having a
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`wireless communications unit, the triggering event relating to a diagnostic or
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`prognostic analysis of at least one of a plurality of different components or
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`subsystems of the vehicle.” In particular, Scholl explains that “[e]ach truck 202, 204,
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`206 includes a monitor 210. In the preferred embodiment, the monitor 210 is
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`microprocessor based. The monitor 210 receives data from a plurality of sources on
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`the vehicles. The types of sources include sensors and electronic control modules
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`(ECM).” (Id. at col. 3, ll. 18-29; see also col. 2, ll. 58-59.) A variety of different vehicle
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`components can be monitored for failure or predicted failure, including the engine, oil
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`system, fuel system, exhaust system, coolant system, and the like. (Id. at col. 5, ll. 5-
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`21.) Scholl’s vehicle also includes a wireless communication unit: “A transceiver 214
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`provides communications between the monitor 210 and the satellite communications
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`network 212.” (Id. at col. 3, ll. 39-41.) Scholl goes on to explain that the vehicle’s
`15
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`
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`“monitor 210” includes “diagnostics” and “prognostics.” (Id. at col. 3, ll. 52-53.)
`
`Using these diagnostics and prognostics, “[t]he monitor 210 produces a fault code in
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`response to predetermined conditions in the diagnostics, the prognostics, or in
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`response to an operator generated signal.” (Id. at col. 4, ll. 5-25.) More particularly,
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`“[t]he diagnostics may produce a predetermined number of fault codes. Each fault
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`code is an indication of a particular fault, that is, a particular parameter operating
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`outside its preset range…. [T]he prognostics 304 may be adapted to look at the rate
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`change of specific parameters and responsively generate fault codes.” (Id.) In other
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`words, the monitor detects triggering events relating to actual or predicted vehicle
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`component failures. Scholl’s “monitor” 210 receives input from vehicle sensors and
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`ECMs, applies prognostics and diagnostics, and generates an output that is sent to a
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`“transceiver” 214 is shown in Figure 2 (gray has been added to this and the other
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`figures cited herein for emphasis):
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`16
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`42.
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`Scholl discloses “initiating a wireless transmission between the
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`communications unit and a remote site separate and apart from the vehicle in
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`response to the triggering event, the transmission including a diagnostic or prognostic
`
`message about the at least one component or subsystem.” In particular, Scholl
`
`explains that each of its vehicles includes “[a] transceiver 214 [that] provides
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`communications between the monitor 210 and the satellite communications network
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`212.” (Id. at col. 3, ll. 39-47; col. 3, ll. 30-31.) This transceiver allows Scholl’s vehicle
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`to communication with a “remote location.” (Id. at col. 2, ll. 40-42.) Scholl further
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`explains that when “a fault is detected” by the “diagnostics” or “prognostics … a
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`fault code is produced. The fault code gives an indication of the conditions of the
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`fault.” (Id. at col. 6, ll. 15-19.) Then, “the fault code is transmitted over the satellite
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`communications link 212 to a remote location. The fault code is received at the
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`remote location in a fourth control block 806.” (Id. at col. 6, ll. 15-23; see also col. 2, ll.
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`40-42.) This is shown in the flowchart of Figure 8. As depicted, Scholl first “detect[s]
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`fault” and “produce[s] fault code” (the triggering event) and then as a result
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`“transmit[s] fault code to remote location over satellite communications data link”:
`
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`17
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`2.
`Scholl Discloses All the Elements of Claim 2
`43. Claim 2 of the ’788 patent depends on claim 1 and further requires
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`
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`“wherein the triggering event is a failure, predicted failure or fault code generation of
`
`the at least one component or subsystem.” Scholl discloses all the elements of this
`
`claim. In particular, Scholl explains that “[t]he monitor 210 produces a fault code in
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`response to predetermined conditions in the diagnostics, the prognostics, or in
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`response to an operator generated signal.” (Id. at col. 4, ll. 5-25; see also col. 6, ll. 15-
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`28.) The generation of various “prognostics codes” and “diagnostics codes” is also
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`shown in Figure 3:
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`18
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`Scholl Discloses All the Elements of Claim 4
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`3.
`Scholl discloses a “system for providing status data for vehicle
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`44.
`
`
`
`maintenance.” In particular, Scholl explains that the vehicles it discloses “generate a
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`set of data relating to its operation. The data is relayed according to the method of the
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`present invention to a service support hub 112. At the service support hub 112 an
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`expert 114 reviews the data from the vehicle 104,106. After analysis, the expert 114
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`may issue a set of repair instructions. The repair instructions are relayed to the service
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`center 110 at the mine site 102 and/or to a dealer service center 118. Depending
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`upon the needed repairs, the maintenance may be done at the service center or the
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`dealer service center 118.” (Id. at col. 2, ll. 58-68; see also col. 1, ll. 6-9; col. 1, ll. 14-18.)
`
`45.
`
`Scholl discloses “a diagnostic module including at least one sensor for
`
`monitoring a plurality of different components or subsystems of the vehicle.” In
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`particular, Scholl explains that “[e]ach truck 202,204,206 includes a monitor 210. In
`
`the preferred embodiment, the monitor 210 is microprocessor based. The monitor
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`
`
`19
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`
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`210 receives data from a plurality of sources on the vehicles. The types of sources
`
`include sensors and electronic control modules (ECM). Typically electronic control
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`modules are used to control one subsystem of the vehicle, for example, the vehicle’s
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`engine or transmission. The ECM uses sensor information and may also generate its
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`own set of parameters. The ECM may transfer the sensor information it receives and
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`some of the parameters it generates internally to the monitor 210.” (Id. at col. 3, ll.
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`18-29; see also col. 3, ll. 48-51.) According to Scholl, the sensors on the vehicle can
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`monitor a variety of different vehicle components and parameters, including “Engine
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`Speed … Fuel Rate … Oil Pressure Pump … Boost Pressure … Des Engine Timing
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`… Intake Manifold Temperature … Fuel Temperature … Exhaust Temperature …
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`Oil Pressure Rail … Coolant Temperature … Inlet Air Pressure … Intake Manifold
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`Pressure … Inlet Air Temperature … Brake temperature…. The above list is
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`exemplary only and is not intended to be a complete list of all possibilities. The exact
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`list will be dependent upon, the specific vehicle [and] the sensors available on the
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`vehicle….” (Id. at col. 5, ll. 5-26.) Further, Figure 3 of Scholl depicts a monitor 210
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`receiving input from “sensors”:
`
`
`
`20
`
`
`
`
`Scholl discloses “said diagnostic module being arranged to analyze
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`46.
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`monitoring data provided by said at least one sensor and detect a triggering event
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`relating to a diagnostic or prognostic analysis of at least one of the plurality of
`
`different components or subsystems of the vehicle.” In particular, Scholl explains
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`that “[e]ach truck 202, 204, 206 includes a monitor 210. In the preferred
`
`embodiment, the monitor 210 is microprocessor based. The monitor 210 receives
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`data from a plurality of sources on the vehicles. The types of sources include sensors
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`and electronic control modules (ECM).” (Id. at col. 3, ll. 18-29.) Scholl goes on to
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`explain that the vehicle’s “monitor 210” includes “diagnostics” and “prognostics.”
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`(Id. at col. 3, ll. 52-53.) Using these diagnostics and prognostics, “[t]he monitor 210
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`produces a fault code in response to predetermined conditions in the diagnostics, the
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`prognostics, or in response to an operator generated signal.” (Id. at col. 4, ll. 5-25.)
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`More particularly, “[t]he diagnostics may produce a predetermined number of fault
`
`codes. Each fault code is an indication of a particular fault, that is, a particular
`
`
`
`21
`
`
`
`parameter operating outside its preset range. … [T]he prognostics 304 may be
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`adapted to look at the rate change of specific parameters and responsively generate
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`fault codes.” (Id.) In other words, the monitor detects triggering events relating to
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`actual or predicted vehicle component failures. Figure 3 shows a monitor 210
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`receiving input from “sensors” and applying “prognostics” and “diagnostics” to
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`generate “prognostics codes” and “diagnostic codes”:
`
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`Scholl discloses “a wireless communications unit arranged to interface
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`47.
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`with a wireless communications network, said communications unit being coupled to
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`said diagnostic module and initiating a wireless transmission between said
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`communications unit and a remote site separate and apart from the vehicle in
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`response to the triggering event, the transmission including a diagnostic or prognostic
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`message about the at least one component or subsystem.” In particular, Scholl
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`explains that its vehicle includes “[a] transceiver 214 [that] provides communications
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`between the monitor 210 and the satellite communications network 212.” (Id. at col.
`
`
`
`22
`
`
`
`3, ll. 39-47; col. 3, ll. 30-31.) This transceiver allows Scholl’s vehicle to
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`communication with a “remote location.” (Id. at col. 2, ll. 40-42.) As shown in Figure
`
`2, the transceiver is coupled to the vehicle monitor 210 that diagnoses and predicts
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`component failures:
`
`
`
`Scholl further explains that when “a fault is detected” by the “diagnostics” or
`
`“prognostics … a fault code is produced. The fault code gives an indication of the
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`conditions of the fault.” (Id. at col. 6, ll. 15-19.) Then, “the fault code is transmitted
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`over the satellite communications link 212 to a remote location. The fault code is
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`received at the remote location in a fourth control block 806.” (Id. at col. 6, ll. 15-24;
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`see also col. 2, ll. 40-42.) This is shown in Figure 8. As depicted, Scholl first “detect[s]
`
`fault” and “produce[s] fault code” (the triggering event) and then as a result
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`“transmit[s] fault code to remote location over satellite communications data link”:
`
`
`
`23
`
`
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`4.
`Scholl Discloses All the Elements of Claim 6
`48. Claim 6 of the ’788 patent depends on claim 4 and further requires a
`
`
`
`“triggering event [that] is a failure, predicted failure or fault code generation of the at
`
`least one component or subsystem.” Scholl discloses all the elements of this claim.
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`In particular, Scholl explains that the “monitor 210 produces a fault code in response
`
`to predetermined conditions in the diagnostics, the prognostics, or in response to an
`
`operator generated signal. The diagnostics 308 compare measured or actual values of
`
`parameters to preset operating ranges. The ranges may vary depending upon other
`
`operating conditions. The diagnostics produce a fault code in response to a
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`parameter value operating outside of its preset range. The diagnostics may produce a
`
`predetermined number of fault codes. Each fault code is an indication of a particular
`
`
`
`24
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`
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`fault, that is, a particular parameter operating outside its preset range. The
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`prognostics 304 analyze data in order to detect conditions that may lead to future
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`problems. For example, a specific parameter may be operating in its preset range, but
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`may be decreasing at an unusual rate. The unusualness of the decrease may be an
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`indication of a fault conditio
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