`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`TOYOTA MOTOR CORP.,
`
`Petitioner,
`
`V.
`
`LEROY G. HAGENBUCH,
`Patent Owner.
`
`
`Case IPR2013-
`
`Patent US. 8,532,867
`
`
`PETITION FOR INTER PARTES REVIEW OF
`
`CLAIMS 1—14 OF US. PATENT NO. 8,532,867
`
`UNDER 35 U.S.C. § 312 AND 37 C.F.R. § 42.104
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US Patent and Trademark Office
`
`PO Box 1450
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`Alexandria, Virginia 223 13-1450
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`OWNER EX. 2038, page 1
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`
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`TABLE OF CONTENTS
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`Page
`
`I.
`
`MANDATORY NOTICES PURSUANT TO 37 C.F.R. § 42.8 ..................... 1
`
`II.
`
`CERTIFICATION OF GROUNDS FOR STANDING .................................. 2
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`III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED .................... 2
`
`A.
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`Prior Art Patents and Printed Publications ............................................ 2
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`B.
`
`Grounds for Challenge .......................................................................... 3
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`IV. OVERVIEW OF THE ‘867 PATENT ............................................................ 4
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`V.
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`CLAIM CONSTRUCTION ............................................................................ 6
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`VI.
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`LEVEL OF ORDINARY SKILL IN THE ART ............................................. 7
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`VII.
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`IDENTIFICATION OF HOW CHALLENGED CLAIMS 1—14
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`ARE UNPATENTABLE ................................................................................. 8
`
`A.
`
`B.
`
`C.
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`D.
`
`E.
`
`F.
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`Claims 1—7, 10, and 11 are Obvious Over Aoyanagi,
`Vollmer, and Steiner Under 35 U.S.C. § 103(a) ................................... 8
`
`Claims 1—7, 10, and 11 are Obvious Over Aoyanagi,
`Vollmer, and Camhi Under 35 U.S.C. § 103(a) .................................. 29
`
`Claims 8, 9, l3, and 14 are Obvious Over Aoyanagi,
`Vollmer, Steiner, and Fincham Under 35 U.S.C. § 103(a) ................. 41
`
`Claims 8, 9, l3, and 14 are Obvious Over Aoyanagi,
`Vollmer, Camhi, and Fincham Under 35 U.S.C. § 103(a) .................. 48
`
`Claim 12 is Obvious Over Aoyanagi, Vollmer, Steiner,
`and Sorden Under 35 U.S.C. § 103(a) ................................................ 53
`
`Claim 12 is Obvious Over Aoyanagi, Vollmer, Camhi,
`and Sorden Under 35 U.S.C. § 103(a) ................................................ 56
`
`VIII. CONCLUSION .............................................................................................. 58
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`OWNER EX. 2038, page 2
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`
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`US. Patent 8,532,867
`Petition for Inter Partes Review
`
`
`Cases
`
`TABLE OF AUTHORITIES
`
`Egg
`
`In re GPAC Inc,
`57 F.3d 1573 (Fed. Cir. 1995) ................................................................... 7
`
`Phillips v. AWH Corp,
`415 F.3d 1303 (Fed. Cir. 2005) ................................................................ 6
`
`
`Statutes
`
`35 U.S.C. § 102(b) ........................................................................................... 2, 3
`
`35 U.S.C. § 103(a) ...................................................................................... passim
`
`35 U.S.C. § 314(a) ............................................................................................... 4
`
`
`Rules
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`37 CPR. § 42.8 ................................................................................................... 1
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`37 CPR. § 42.22 ................................................................................................. 2
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`37 CPR. § 42.100 .............................................................................................. 6
`
`37 CPR. § 42.104 .......................................................................................... 2, 8
`
`ii
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`OWNER EX. 2038, page 3
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`
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`US. Patent 8,532,867
`Petition for Inter Partes Review
`
`I. MANDATORY NOTICES PURSUANT TO 37 C.F.R. § 42.8
`
`Real Party-in—Interest: Toyota Motor Corporation (“Petitioner”)
`
`Related Matters: Patent Owner has asserted the US. Patent 8,532,867 (“the
`
`‘867 patent”) against a subsidiary of Petitioner in Hagenbuch v. Toyota Motor
`
`Sales, USA, Inc, No. 13-cv-6713 (ND. 111.). There are no patents or applications
`
`that claim the benefit of the filing date of the ‘867 patent.
`
`Petitioner is filing a petition for inter partes review challenging claims 15—
`
`26 of the ‘867 patent. If the petitions for review of the ‘867 patent result in
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`institution, Petitioner anticipates filing a motion for joinder.
`
`Furthermore, Petitioner has filed two petitions for IPR challenging related
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`US. Patent No. 8,014,917 (“the ‘917 patent”). See IPR2013-00483 and IPR2013-
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`00638. To this end, the Board may wish to consider assigning all IPR proceedings
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`for the ‘867 and ‘917 patents to a single panel of Administrative Patent Judges for
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`administrative efficiency.
`
`
`Counsel: Lead Counsel: Robert C. Mattson (Registration No. 42,850)
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`Backup Counsel: John S. Kern (Registration No. 42,719) and Thomas C.
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`Yebernetsky (Registration No. 70,418).
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`Service Information : Email : CPdocketMattson@oblon.com
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`Post: Oblon Spivak, 1940 Duke St., Alexandria, VA 22314
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`Telephone: 703-412-6466
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`Facsimile: 703-413-2220
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`OWNER EX. 2038, page 4
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`
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`II. CERTIFICATION OF GROUNDS FOR STANDING
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`Petitioner certifies pursuant to Rule 42.104(a) that the patent for which
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`review is sought is available for inter partes review and that Petitioner is not
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`barred or estopped from requesting an inter partes review challenging the patent
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`claims on the grounds identified in this Petition.
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`III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED
`
`Pursuant to Rules 42.22(a)(1) and 42.104(b)(1)—(2), Petitioner challenges
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`claims 1—14 of the ‘867 patent. The ‘867 patent claims priority to several
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`applications, the earliest of which was filed on Feb. 15, 1994 (“the priority date”).
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`(Ex. 1001, the ‘867 patent.)
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`A.
`
`Prior Art Patents and Printed Publications
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`Petitioner relies upon the following patents and printed publications:
`
`Exhibit 1002 — Japanese Patent Publication No. H03-085412 (“Aoyanagi”),
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`published April 10, 1991, and available as prior art under 35 U.S.C. § 102(b).
`
`Exhibit 1003 — Certified Translation of Aoyanagi. Citations to Aoyanagi are
`
`made to the certified translation in the following format: <translation
`
`page:column:line>.
`
`Exhibit 1004 — International Patent Pub. No. WO 90/03 899 (“Vollmer”),
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`published April 19, 1990, and available as prior art under 35 U.S.C. § 102(b).
`
`Exhibit 1005 — Certified Translation of Vollmer. Citations to Vollmer are
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`OWNER Ex. 2038, page 5
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`
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`made to the certified translation in the following format: <translation page:line>.
`
`Exhibit 1006 — US. Patent No. 4,939,652 (“Steiner”), issued July 3, 1990,
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`and available as prior art under 35 U.S.C. § 102(b).
`
`Exhibit 1007 — US. Patent No. 5,430,432 (“Camhi”), which is a
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`continuation of US. Patent Application No. 07/992,246 filed December 14, 1992,
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`issued July 4, 1995, and available as prior art under 35 U.S.C. § 102(e).
`
`Exhibit 1008 — Fincham et al., “A Transient Recorder for Road Accidents,”
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`Automotive Electronics, 1991 , Eighth International Conference on Automotive
`
`Electronics, pp. 135—39, Oct. 28—31, 1991 (“Fincham”), is a printed publication
`
`that was publically available by at least December 31, 1991 and available as prior
`
`art under 35 U.S.C. § 102(b). Citations to Fincham are made in the following
`
`format: <page:column:line>.
`
`Exhibit 1009 — US. Patent No. 5,311,197 (“Sorden”), filed February 1,
`
`1993, issued May 10, 1994, and available as prior art under 35 U.S.C. § 102(e).
`
`B.
`
`Grounds for Challenge
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`Petitioner requests cancellation of challenged claims 1—14 under the
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`following statutory grounds:
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`A. Claims 1—7, 10, and 11 are unpatentable under 35 U.S.C. § 103(a) as obvious
`
`over Aoyanagi (Ex. 1002), Vollmer (Ex. 1004), and Steiner (Ex. 1006).
`
`B. Claims 1—7, 10, and 11 are unpatentable under 35 U.S.C. § 103(a) as obvious
`
`OWNER Ex. 2038, page 6
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`
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`over Aoyanagi (Ex. 1002), Vollmer (Ex. 1004), and Camhi (Ex. 1007).
`
`C. Claims 8, 9, 13, and 14 are unpatentable under 35 U.S.C. § 103(a) as obvious
`
`over Aoyanagi (Ex. 1002), Vollmer (Ex. 1004), Steiner (Ex. 1006), and
`
`Fincham (Ex. 1008).
`
`D. Claims 8, 9, 13, and 14 are unpatentable under 35 U.S.C. § 103(a) as obvious
`
`over Aoyanagi (Ex. 1002), Vollmer (Ex. 1004), Camhi (Ex. 1007), and
`
`Fincham (Ex. 1008).
`
`E. Claim 12 is unpatentable under 35 U.S.C. § 103(a) as obvious over Aoyanagi
`
`(Ex. 1002), Vollmer (Ex. 1004), Steiner (Ex. 1006), and Sorden (Ex. 1009).
`
`F. Claim 12 is unpatentable under 35 U.S.C. § 103(a) as obvious over Aoyanagi
`
`(Ex. 1002), Vollmer (Ex. 1004), Camhi (Ex. 1007), and Sorden (Ex. 1009).
`
`Section VII below demonstrates, for each of the statutory grounds, that there
`
`is a reasonable likelihood that Petitioner will prevail. See 35 U.S.C. § 314(a).
`
`Additional explanation and support for each ground of rejection is set forth in the
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`Expert Declaration of David McNamara (Exhibit 1010).
`
`IV. OVERVIEW OF THE ‘867 PATENT
`
`The ‘867 patent relates generally to an apparatus and method for recording
`
`data from a vehicle before and after detecting a collision. (Ex. 1001 , 1:25—29,
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`3:23—28.) The method includes monitoring production-related and vital sign
`
`parameters, detecting a collision, automatically sending a Wireless distress signal in
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`OWNER Ex. 2038, page 7
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`response to a collision, capturing pre-collision production-related parameters, and
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`capturing post-collision vital sign parameters. (Id. at 6:30—34, 7:39—49, 7:60—64,
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`25:22—38.)
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`Both production-related and vital sign parameters are monitored using “well
`
`known sensors that [are] commercially available.” (Id. at 6:66—7z3.) One such
`
`sensor is “crash sensor accelerometer 73L” shown in Figure 1C. The system of the
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`‘867 patent uses accelerometer 73L to detect whether a collision has occurred.
`
`(Id.
`
`at 11:66—67.)
`
`The system of the ‘867 patent captures production-related parameters and
`
`vital sign parameters during operation of the vehicle. Specifically, at intervals
`
`determined by a sampling cycle, production-related parameters are stored in
`
`memory 83.
`
`(Id. at 7:53—60.) Additionally, vital sign parameters are captured in
`
`diagnostic memory 87 if their values are higher or lower than the historical ten
`
`highest or lowest readings. (Id. at 8:9—18.)
`
`If crash sensor 73L detects a collision, production-related and vital sign
`
`parameters are transferred to diagnostic memories 85 and 89. The historical
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`production-related parameters stored in memory 83 are transferred to diagnostic
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`memory 85.
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`(Id. at 7:65—8:l, ll:57—l2:3.) The identity of the crash sensor 73L,
`
`the value of crash sensor 73L’s data, and a chronology of some or all of the
`
`production-related parameters stored in memory 83 are recorded into diagnostic
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`OWNER EX. 2038, page 8
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`memory 89.
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`(Id. at 8:1—7.)
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`The system continues gathering and storing data following a collision until
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`the value of the crash sensor 73L drops below a certain threshold value.
`
`(Id. at
`
`25:22—38.) In this manner, the system of the ‘867 patent gathers and stores data
`
`into diagnostic memories 85 and 89 after a collision.
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`V. CLAIM CONSTRUCTION
`
`The claim terms are presumed to take on their ordinary and customary
`
`meaning.
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`Prior to the February 15, 2014 expiration date of the ‘867 patent, the
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`challenged claims are given their broadest reasonable interpretation in light of the
`
`specification. 37 C.F.R. § 42.100(b). Subsequent to the expiration of the ‘867
`
`patent, the claims “are generally given their ordinary and customary meaning” as
`
`understood by a person of ordinary skill in the art in question at the time of the
`
`invention. Phillips v. AWH Corp, 415 F.3d 1303, 1316 (Fed. Cir. 2005).
`
`This Petition shows that the challenged claims of the ‘867 patent are
`
`unpatentable when the challenged claims are given either their broadest reasonable
`
`interpretation in light of the specification or their ordinary and customary meaning.
`
`See 37 C.F.R. § 42.100(b). The terms below should be construed the same under
`
`either standard.
`
`(EX. 1010 11 29.)
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`OWNER EX. 2038, page 9
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`“Monitoring Production-Related Parameters”: This term in claims 1—14
`
`refers to sampling data from sensors that provide indicia of the work done by a
`
`vehicle. For example, the ‘867 specification states that “the processor 41
`
`periodically samples the data from the production-related sensors.” (EX. 1001,
`
`7:54—57; see also id. at 1:45—47, 2:67—3:3, 6:32—49; EX. 1010 11 30.)
`
`“Monitoring Vital Sign Parameters”: This term in claims 1—14 refers to
`
`sampling data from sensors indicative of the state of health of the vehicle.
`
`(EX.
`
`1001,1:33—44, 6:30—32, 6:50—65, 7:50—53, 7:60—62, 8:11—14; EX. 1010 11 31.)
`
`“A Permanent Memory”: This term in claims 1—14 refers to any set of
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`memory addresses that are preserved so that they are not overwritten. The
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`specification describes permanent memory 89 as “a number of address locations in
`
`the RAM 47 that preserves the data until an operator of the system removes it.”
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`(EX. 1001, 9:57—63; EX. 1010 11 32.)
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`VI.
`
`LEVEL OF ORDINARY SKILL IN THE ART
`
`The level of ordinary skill in the art is evidenced by the references. See
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`In re GPAC Inc, 57 F.3d 1573, 1579 (Fed. Cir. 1995) (determining that the Board
`
`did not err in adopting the approach that the level of skill in the art was best
`
`determined by the references of record). The ‘867 patent acknowledges that, by
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`the priority date of the ‘867 patent, “it has become increasingly common for
`
`heavy-duty vehicles
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`to include a plurality of sensors
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`for the purpose of
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`OWNER EX. 2038, page 10
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`monitoring certain important performance and vital sign parameters.” (EX. 1001,
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`6: 1—5.) Further, the vital sign and production-related sensors described in the ‘867
`
`patent were well-known and commercially available. (Id. at 6:66—73.) One of
`
`ordinary skill in the art would have also known that those types of sensors were
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`commonly used in systems to monitor vehicle-operating parameters, provide
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`external signals when certain conditions were reached, and that wireless
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`technology could be used to transmit data and alert others of those conditions.
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`(161.;
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`EX. 1010 11 20.)
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`VII.
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`IDENTIFICATION OF HOW CHALLENGED CLAIMS 1—14 ARE
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`UNPATENTABLE
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`Pursuant to Rule 42.104(b)(4)—(5), this section demonstrates that the
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`challenged claims are unpatentable.
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`A.
`
`Claims 1—7, 10, and 11 are Obvious Over Aoyanagi, Vollmer, and
`Steiner Under 35 U.S.C. § 103(a)
`
`Claims 1—7, 10, and 11 of the ‘867 patent are unpatentable because it would
`
`have been obvious to a person of ordinary skill in the art to modify Aoyanagi’s
`
`system for recording vehicle running conditions to include an automatic distress
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`signal and two-memory recording system. Aoyanagi describes “a recording
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`apparatus for vehicle running conditions
`
`that records running data at the time
`
`when the vehicle has received shocks due to an accident or the like, while
`
`protecting those data.” (EX. 1003, 70:2:3—8.) Vollmer describes “[a]n emergency
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`OWNER EX. 2038, page 11
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`call system for vehicles [that] sends an automatic emergency call in the event of
`
`danger, accident or breakdown. . ..” (EX. 1005, Abstract.) The apparatus disclosed
`
`in Vollmer monitors and captures production-related parameters like “speed and
`
`deceleration measurement 49.” (Id. at 6:27.) Likewise, Steiner describes a system
`
`that monitors and permanently records vehicle-operating parameters “if the vehicle
`
`is involved in an accident.” (EX. 1006, Abstract, 8:17—47.) Thus, Aoyanagi,
`
`Vollmer, and Steiner are directed to the same field of endeavor.
`
`(EX. 1010 11 54.)
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`A claim element-by-claim element analysis of these grounds for unpatentability
`
`follows.
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`Claim 1.a1: “A method for recording operation of a vehicle and facilitating
`emergency response in the event of a collision of the vehicle, the method
`comprisingz”
`
`Aoyanagi describes recording operations of a vehicle with recording
`
`apparatus 12.
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`(EX. 1003, 71:1:6—9, 72:1:6—12.) Aoyanagi detects a collision
`
`“when a shock occurs and then the vehicle speed becomes zero in a short time.”
`
`(Id. at 72:2:21—23.)
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`Similarly, Vollmer describes an emergency call device that monitors and
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`captures information about vehicle operation such as airbag deployment and
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`“speed and deceleration.” (EX. 1005, 5:21, 6:27.) The device facilitates
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`1 The claims are subdivided into elements, 1a, 1b, 1c, etc. corresponding to the
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`rows in the claim charts, infra, for each ground for challenge.
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`OWNER EX. 2038, page 12
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`emergency response in the event of a collision of the vehicle by making emergency
`
`calls that are “triggered automatically.” (Id. at Abstract, 2: 14, 6: 14—21.) “In order
`
`to be able to initiate the necessary immediate measures in optimal fashion
`
`the
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`emergency call includes all the important data with respect to the emergency
`
`situation.” (Id. at 6:21—23.)
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`It would have been obvious to a person of ordinary skill in the art, at the
`
`time of the ‘867 patent’s priority date, to use recorded information about a
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`vehicle’s operation to facilitate an emergency response in the event of a collision
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`because Vollmer teaches that such information can be transmitted to an accident
`
`reporting station so that the emergency situation can be recognized and emergency
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`procedures can be initiated more rapidly.
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`(Id. at 3:5—13, 6:21—23; EX. 1010 11 34.)
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`Claim 1.b to .f: “monitoring production-related parameters of the vehicle,
`including a ground speed of the vehicle, a position of a throttle for an
`engine of the vehicle, an on/off status of a braking system of the vehicle,
`and a status of a seat belt;”
`
`Aoyanagi teaches that “[t]he recording apparatus uses sensors to record data
`
`of the running conditions of the vehicle ....” (EX. 1003, 71:1:6—7.) Those
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`conditions are sampled and recorded “every 0.1 to 0.2 seconds.” (Id. at 72: 1 :30.)
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`They include “vehicle speed” (id. at 71:1:65), “acceleration pedal position” (id. at
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`71:2: 18—27, describing a sensor to determine the position of a butterfly valve on
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`the intake manifold of the vehicle), “brake pedal position” (id. at 71 :2:28), “engine
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`10
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`OWNER EX. 2038, page 13
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`speed” (id. at 71:2: 12), “steering wheel position (rotation angle)” (id. at 71:2:45),
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`and “seat belt fastened/unfastened state” (id. at 71:2:62).
`
`Aoyanagi monitors the braking system by “detecting the hydraulic pressure
`
`of a hydraulic pressure cylinder brake 32 by a hydraulic pressure sensor 28
`
`provided at the hydraulic pressure cylinder brake 32 activated by a brake 30.” (Id.
`
`at 71:2:28—35.) A person of ordinary skill in the art would have understood that
`
`the amount of hydraulic pressure detected indicates whether the braking system is
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`on or off.
`
`(EX. 1010 1111 36—38.)
`
`Claim 1.g: “monitoring vital sign parameters of the vehicle, including
`information indicative of a change in the velocity of the vehicle;”
`
`Aoyanagi’s system also monitors “vehicle acceleration and deceleration.”
`
`(EX. 1003, 71:2:3.) Acceleration and deceleration are changes in velocity.
`
`(EX.
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`1010 11 39.) Aoyanagi’s system monitors acceleration using acceleration sensor 18.
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`(EX. 1003, 71 :2:3—6.) Additionally, Aoyanagi teaches sampling vehicle data,
`
`including speed, at fixed 0.1-second intervals, which would reflect changes in
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`velocity. (Id. at 72:1:9—12.)
`
`Claim 1.h: “capturing into a volatile memory values of the production-
`related parameters of the vehicle;”
`
`Aoyanagi teaches that the recording apparatus with integrated CPU (central
`
`processing unit), “captures [into memory] respective data that are input from
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`respective sensors, for example, about every 0.1 seconds.” (Id. at 72: 1 :62—64.)
`
`11
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`OWNER EX. 2038, page 14
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`Aoyanagi records the production-related and vital sign parameters in “a 64-
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`kilobyte C-MOS SRAM,” which is a type of volatile memory. (Id. at 72: 1 :9—12;
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`EX. 1010 11 40.)
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`Claim 1.i: “detecting a collision of the vehicle based on information
`obtained by monitoring one or more of the vital sign parametersg”
`
`Aoyanagi’s system monitors acceleration/deceleration data to detect a
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`collision “when a shock occurs and then the vehicle speed becomes zero in a short
`
`time.” (EX. 1003, 72:2:21—23; EX. 1010 11 41.) As noted above, vehicle
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`acceleration and deceleration are vital signs indicative of a change in velocity.
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`Claim 1.j: “automatically sending a wireless distress signal from the vehicle
`in response to detecting the collision, the distress signal indicating that the
`vehicle has been in a collision; and”
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`Vollmer describes “[a]n emergency call system for vehicles [that] sends an
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`automatic emergency call in the event of danger, accident or breakdown. . . .” (EX.
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`1005, Abstract.) Vollmer teaches that the emergency call device makes emergency
`
`calls that are “triggered automatically.” (Id. at 2: 14.) Additionally, Vollmer
`
`teaches that the “control unit 3” sends the distress signal wirelessly “via cellular
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`telephone 1.” (Id. at 6:18—19.) Furthermore, Vollmer teaches that “[i]n order to be
`
`able to initiate the necessary immediate measures in optimal fashion
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`the
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`emergency call includes all the important data with respect to the emergency
`
`situation.” (Id. at 6:21—23.)
`
`12
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`OWNER EX. 2038, page 15
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`US. Patent 8,532,867
`Petition for Inter Partes Review
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`It would have been obvious to a person of ordinary skill in the art, at the
`
`time of the ‘867 patent’s priority date, to combine the automatic distress signal
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`feature of Vollmer with the recording apparatus of Aoyanagi for several reasons.
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`(EX. 1010 1111 44—48.) For example, Vollmer teaches that automatically sending a
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`distress signal and relevant sensor data upon detection of an accident decreases the
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`time before emergency services are notified relative to a manually-made
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`emergency call.
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`(EX. 1005, 1:3—9.) Also, the automatic distress signal avoids
`
`problems that a person may have in making a call manually.
`
`(Id. at 1:3—2:3.)
`
`Further, by automatically providing information about the accident to the accident
`
`reporting station, Vollmer avoids a situation where emergency services receive
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`incomplete information from a person manually making a call to report an
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`accident.
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`(Id. at Abstract, 1:16—18, 3:5—13.) Accordingly, a person of ordinary
`
`skill in the art would have been motivated to modify the system of Aoyanagi to
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`automatically send a wireless distress signal from a vehicle in response to detecting
`
`the collision.
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`Claim 1.k to .1: “recording into a permanent memory values of three or
`more of the production-related parameters of the vehicle captured over a
`finite period of time before detection of the collision and values of one or
`more of the vital sign parameters over a finite period of time after
`detection of the collision.”
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`As noted above, Aoyanagi records three or more production-related
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`parameters prior to the collision.
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`(EX. 1003, 71:1:47—72: 1 :3.) Those production-
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`related parameters include “vehicle speed” (id. at 71 : l :65), “acceleration pedal
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`position” (id. at 71:2:18—27), “brake pedal position” (id. at 71:2:28), “engine
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`speed” (id. at 71:2: 12), “steering wheel position (rotation angle)” (id. at 71:2:45),
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`“seat belt fastened/unfastened state” (id. at 71:2:62), and “brake pedal position”
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`(id. at 71:2:28—3 5). Furthermore, as noted above, Aoyanagi’s system also records
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`the vital sign parameters of “vehicle acceleration and deceleration.” (Id. at 71:2:3.)
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`Aoyanagi records both production-related and vital sign parameters before
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`and after the collision. Aoyanagi records the production-related and vital sign
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`parameters over a finite period of time before the collision by “captur[ing]
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`respective data that are input from respective sensors. . .and [then] sequentially
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`delet[ing] old data when the capacity of memory is full so as to take in the latest
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`data.” (Id. at 72: 1 :62—67.) This results in a finite period “of about 1.5 minutes to a
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`little over 3 minutes” of the latest data stored in memory.
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`(Id. at 72: 1 :28—32.)
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`Additionally, Aoyanagi’s system continues to record both production-related and
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`vital sign parameters after a collision: “when an accident occurs, the recording
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`apparatus can keep recording for a specific period of time after receiving shocks
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`and the like.” (Id. at 72:1:33—36.) The specific period of time is a “finite period of
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`time,” as claimed.
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`Aoyanagi preserves recorded data in the memory by ceasing to update it.
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`(Id. at 72:1:67—72:2:4.) Aoyanagi does not state whether preserving the data
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`includes storing it in a second, permanent memory location. However, Steiner
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`discloses a system that monitors and permanently records vehicle-operating
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`parameters “if the vehicle is involved in an accident.” (EX. 1006, Abstract, 8:17—
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`47.) Steiner’s system teaches a data memory 506 having first and second memory
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`areas for capturing vehicle operation parameters. The first memory “is
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`implemented by using a 60 byte area in data memory 506, as a circular buffer.”
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`(Id. at 8: 1—3.) The second, permanent memory is a “separate area in data memory
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`506, [which] is allocated for retaining the contents of the circular buffer [i.e., the
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`first memory]” when there is a collision to preserve the contents of the circular
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`buffer for subsequent analysis.
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`(Id. at 8: 17—30.)
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`It would have been obvious to a person of ordinary skill in the art, at the
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`time of the ‘867 patent’s priority date, to further modify Aoyanagi to include a
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`second, permanent memory to receive information from the first memory, as taught
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`by Steiner, for several reasons.
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`(EX. 1010 1111 53—56.) For example, Steiner’s
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`circular buffer (first memory) reduces the amount of memory required to record
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`data by permitting data to be overwritten, and recording the data from the circular
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`buffer into the second memory permits data from the circular buffer, which is
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`normally overwritten, to be preserved for “subsequent analysis” after a collision.
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`(EX. 1006, 2:7—13, 8: 1—47.) Furthermore, recording data into a separate memory
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`to preserve it, as taught by Steiner, was a known and predictable alternative to
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`Aoyanagi’s technique of preserving the data in the same memory locations by not
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`overwriting it, as taught by Aoyanagi.
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`(EX. 1010 1111 53—5 6.)
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`Claim 2: “The method of claim 1 wherein: the production-related
`parameters are monitored after detection of the collision; and values of the
`production-related parameters following detection of the collision are
`captured.”
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`Aoyanagi’s system continues to monitor and record production-related
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`parameters after a collision: “when an accident occurs, the recording apparatus can
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`keep recording for a specific period of time after receiving shocks and the like.”
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`(EX. 1003, 72: 1 :33—3 6.) As noted above with respect to claim elements 1k and
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`1.1, Steiner captures vehicle operation parameters by preserving them in the second
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`memory.
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`(EX. 1010 1111 51—52.)
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`Claim 3: “The method of claim 1 wherein the distress signal includes
`additional information indicating whether aid may be required.”
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`Vollmer teaches that “[i]n order to be able to initiate the necessary
`
`immediate measures in optimal fashion
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`the emergency call includes all the
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`important data with respect to the emergency situation.” (EX. 1005, 6:21—23.) A
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`person of ordinary skill in the art would have understood that this data indicates
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`whether aid may be required.
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`(EX. 1010 11 64.)
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`Claim 4: “The method of claim 3 wherein: the production-related
`parameters are monitored after detection of the collision; and values of the
`production-related parameters following detection of the collision are
`captured.”
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`Aoyanagi’s system continues to monitor and record both production-related
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`and vital sign parameters after a collision: “when an accident occurs, the recording
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`apparatus can keep recording for a specific period of time after receiving shocks
`
`and the like.” (EX. 1003, 72:1 :33—36.) As noted above with respect to claim
`
`elements 1k and 1.1, Steiner captures vehicle operation parameters by preserving
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`them in the second memory.
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`(EX. 1010 1111 51—52.)
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`Claim 5: “The method of claim 3 wherein the additional information
`
`indicating whether aid may be required includes the status of a seat belt
`prior to detecting the collision.”
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`As noted above, Aoyanagi’s system records vehicle operation parameters
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`before and after a collision. Vollmer describes transmitting the “data with respect
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`to the passengers, [and] their seating position. . . [, which is] advantageously
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`ascertained by contacts on the seat or on the seat belt.” (EX. 1005, 3:7—13.) A
`
`person of ordinary skill in the art would have understood that seatbelt status
`
`indicates whether aid may be required because seatbelt status is an example of
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`what Vollmer refers to as “important data with respect to the emergency situation.”
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`(Id. at 6:21—23; EX. 1010 11 72.)
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`Claim 6: “The method of claim 3 wherein the additional information
`
`indicating whether aid may be required includes the ground speed of the
`vehicle prior to detecting the collision.”
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`As noted above, Aoyanagi’s system records vehicle operation parameters
`
`before and after a collision. Vollmer teaches transmitting vehicle speed
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`information in order to ascertain whether aid may be required.
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`(EX. 1005, 6:27.) A
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`person of ordinary skill in the art would have understood that the ground speed of
`
`the vehicle indicates whether aid may be required because vehicle speed is an
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`example of what Vollmer refers to as “important data with respect to the
`
`emergency situation.” (Id. at 6:21—23; EX. 1010 11 76.)
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`Claim 7: “The method of claim 3 wherein the additional information
`
`indicating whether aid may be required includes information indicative of
`a change in the velocity of the vehicle after detecting the collision.”
`
`As noted above, Aoyanagi’s system records vehicle operation parameters
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`before and after a collision. Vollmer teaches transmitting vehicle deceleration
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`information in order to ascertain whether aid may be required.
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`(EX. 1005, 6:27.) A
`
`person of ordinary skill in the art would have understood that information
`
`indicative of a change in the velocity of the vehicle indicates whether aid may be
`
`required because a change in vehicle speed is an example of what Vollmer refers to
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`as “important data with respect to the emergency situation.” (Id. at 6:21—23; EX.
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`101011 80.)
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`Claim 10: “The method of claim 3 wherein the additional information
`
`indicating whether aid may be required includes the ground speed at the
`time of the collision.”
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`As noted above, Aoyanagi’s system records vehicle operation parameters
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`before and after a collision. Vollmer teaches transmitting vehicle speed
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`information in order to ascertain whether aid may be required.
`
`(EX. 1005, 6:27.)
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`With respect to transmitting speed information, Vollmer further describes
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`transmitting “the impact speed onto an obstacle,” which Vollmer teaches is “the
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`travel speed being previously ascertained and put in relation to the braking
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`duration.” (Id. at 7:6—8.) A person of ordinary skill in the art would have
`
`understood that the ground speed indicates whether aid may be required because
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`vehicle speed is an example of what Vollmer refers to as “important data with
`
`respect to the emergency situation.” (Id. at 6:21—23; Ex. 1010 11 84.)
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`Claim 11: “The method of claim 3 wherein the additional information
`
`indicating whether aid may be required includes the maximum ground
`speed during a period of time immediately preceding and following the
`collision.”
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`As noted above, Aoyanagi’s system records vehicle operation parameters
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`before and after a collision. Vollmer teaches transmitting vehicle speed
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`information in order to ascertain whether aid may be required. (Ex. 1005, 6:27.)
`
`With respect to transmitting speed information, Vollmer further