DOCKET NO: 423227US
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT: 8,532,867
`
`INVENTOR: HAGENBUCH
`
`FILED: APRIL 16, 2013
`
`ISSUED: SEPTEMBER 10, 2013
`
`TITLE: APPARATUS FOR TRACKING TRIAL NO.: UNAS SIGNED
`
`AND RECORDING VITAL SIGNS AND
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`TASK-RELATED INFORMATION OF A
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`VEHICLE TO IDENTIFY OPERATING
`
`PATTERNS
`
`DECLARATION OF DAVID MCNAMARA
`
`1.
`
`1, David McNamara, make this declaration in connection with the petition
`
`for 1‘mcrpcm‘e.s' review of U.S. Patent No. 8,532,867 (“the ‘867 patent”; Exhibit
`
`1001 to the petition). All statements herein made of my own knowledge are true,
`
`and all statements herein made based on information and belief are believed to be
`
`true.
`
`I am over 21 and otherwise competent to make this declaration. Although I
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`am being compensated for my time in preparing this declaration, the opinions
`
`herein are my own, and I have no stake in the outcome of the inter partes review
`
`proceeding.
`
`2.
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`Attachment A to this declaration is my curriculum. vitae. As shown in my
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`curr:'c'z.;!um vitae, I have devoted my career to the field of automotive electronics.
`
`I
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`1
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`TOYOTA Ex. 1010, p.
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`1
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`OWNER Ex. 2040, page 1
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT: 8,532,867
`
`INVENTOR: HAGENBUCH
`
`FILED: APRIL 16, 2013
`
`ISSUED: SEPTEMBER 10, 2013
`
`TITLE: APPARATUS FOR TRACKING TRIAL NO.: UNAS SIGNED
`
`AND RECORDING VITAL SIGNS AND
`
`TASK-RELATED INFORMATION OF A
`
`VEHICLE TO IDENTIFY OPERATING
`
`PATTERNS
`
`DECLARATION OF DAVID MCNAMARA
`
`1.
`
`1, David McNamara, make this declaration in connection with the petition
`
`for 1‘mcrpcm‘e.s' review of U.S. Patent No. 8,532,867 (“the ‘867 patent”; Exhibit
`
`1001 to the petition). All statements herein made of my own knowledge are true,
`
`and all statements herein made based on information and belief are believed to be
`
`true.
`
`I am over 21 and otherwise competent to make this declaration. Although I
`
`am being compensated for my time in preparing this declaration, the opinions
`
`herein are my own, and I have no stake in the outcome of the inter partes review
`
`proceeding.
`
`2.
`
`Attachment A to this declaration is my curriculum. vitae. As shown in my
`
`curr:'c'z.;!um vitae, I have devoted my career to the field of automotive electronics.
`
`I
`
`1
`
`TOYOTA Ex. 1010, p.
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`1
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`OWNER Ex. 2040, page 1
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`
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`earned my Bachelor of Science degree in Electrical Engineering from the
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`University of Michigan in 1973 and my Master of Engineering degree in Solid
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`State Physics from the University of Florida in 1976.
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`3.
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`Further, as shown in my curriculum vitae, I have professional and academic
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`experience in the field of automotive electronics and transportation systems
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`acquired over a career spanning 36 years. In particular, during this period, I have
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`worked and otherwise interacted with professionals and students of various
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`experience and expertise levels in the automotive electronics field. Yet,
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`throughout, my primary focus has related to identifying, demonstrating, testing,
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`and manufacturing new automotive and transportation systems embodied in
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`complex hardware and software products. For example, I have been involved in
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`the development and integration of various motor vehicle technologies, such as:
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`embedded vehicle controllers; sensors and actuators as key elements in an engine
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`control system; diagnostic/maintenance algorithms; multiplexes (or buses) to
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`reduce wiring, provide a test/diagnostic capability, and to provide control for new
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`convenience features (e.g., power seat controls); and user interface hardware and
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`software to implement voice-driven features/technology, audio systems, digital
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`media and wireless communications.
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`1 also have conducted extensive research on
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`motor vehicle interfaces to permit the safe and easy integration of new electronic
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`devices within a motor vehicle environment. Recently, I have worked on vehicle
`
`TOYOTA Ex. 1010, p. 2
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`OWNER Ex. 2040, page 2
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`
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`diagnostic systems that monitor a wide range of vehicle parameters and estimate
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`useful component life, commonly called prognostics. More specifically, I have
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`worked on modifying existing vehicle diagnostic systems to add the capability of
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`predicting component life and providing the data to engineers who are managing
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`fleets of hydrogen-fueled vehicles from a remote base station.
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`4.
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`I am currently a consultant for McNamara Technology Solutions LLC and
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`work with clients in active safety (e.g., mmwave radar based systems), automotive
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`electrical/electronics architecture, and automotive wireless technology.
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`5.
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`I also am an active member of the Society of Automotive Engineers and the
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`Institute of Electrical and Electronics Engineers (IEEE), and I have been an invited
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`speaker to various conferences, including the Telematics Update Events
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`(www.telematicsupdatecom), at which I interact with various members of the
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`technical community.
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`I participate in the annual Telematics Update Events-
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`sponsored conferences called “Insurance Telematics,” during which I am apprised
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`of recent developments in vehicle diagnostics, such as new monitoring approaches
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`as applied to vehicle performance and driver behavior.
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`I periodically publish
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`reports on observed trends in automotive electronics, and also co-authored an
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`invited paper for the Proceedings of the IEEE along with former Ford Research
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`colleagues.
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`I have contributed articles to the Intelligent Transport System (ITS)
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`International Magazine (www.itsiternational.com), on Diagnostics/Prognostics and
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`TOYOTA EX. 1010, p. 3
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`OWNER Ex. 2040, page 3
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`
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`on the 2009 Consumer Electronics Show (CBS).
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`1 report on consumer trends and
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`sensor technology impacting the automotive industry as part of my annual C ES
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`report, which has been published since 2007.
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`6.
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`I am a named inventor on five U.S. patents (U.S. Patent No. 4,377,851; U.S.
`
`Patent No. 4,446,447; U.S. Patent No. 5,060,156; U.S. Patent No. 5,003,801; and
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`U.S. Patent No. 6,175,803) that resulted from the development of products for
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`high-volume production. Of these, U.S. Patent No. 4,377,851 and U.S. Patent No.
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`4,446,447 relate to pressure sensors used in Ford vehicles, and U.S. Patent No.
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`5,060,156 relates to the oil change detection system used by Ford in high-volume
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`production for several years.
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`Understanding of the Law
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`7.
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`For the purposes of this declaration, l have been informed about certain
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`aspects of the law that are relevant to my analysis and opinions, as set forth in this
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`section of my declaration.
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`8.
`
`I understand that “claim construction” is the process of determining a patent
`
`claim’s meaning.
`
`I also have been informed and understand that the proper
`
`construction of a claim term is the meaning that a person of ordinary skill in the art
`
`(z'.e., the technical field to which the patent relates) would have given to that term
`
`at the patent’s filing date. My opinion and analysis with respect to claim
`
`construction are provided from the viewpoint of one of ordinary skill in the art to
`
`TOYOTA EX. 1010, p. 4
`
`OWNER Ex. 2040, page 4
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`
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`which the ‘867 patent pertains at the earliest priority date for the ‘867 patent,
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`which I have been informed to be February 15, 1994.
`
`9.
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`I understand that claims in inter partes review proceedings are to be given
`
`their broadest reasonable interpretation in light of the specification, which is what I
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`have done when performing my analysis in this declaration.
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`10.
`
`I understand that a patent claim is unpatentable as obvious if the subject
`
`matter of the claim as a whole would have been obvious to a person of ordinary
`
`skill in the art as of the time of the invention at issue.
`
`I understand that the
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`following factors must be evaluated to determine whether the claimed subject
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`matter is obvious: (1) the scope and content of the prior art; (2) the difference or
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`differences, if any, between the scope of the claim of the patent under
`
`consideration and the scope of the prior art; and (3) the level of ordinary skill in the
`
`art at the time the patent was filed.
`
`1 1.
`
`I understand that prior art references can be combined to reject a claim under
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`35 U.S.C. § 103 when there was an apparent reason for one of ordinary skill in the
`
`art, at the time of the invention, to combine the references, which includes, but is
`
`not limited to (A) identifying a teaching, suggestion, or motivation to combine
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`prior art references; (B) combining prior art methods according to known methods
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`to yield predictable results; (C) substituting one known element for another to
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`obtain predictable results; (D) using a known technique to improve a similar device
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`TOYOTA Ex. 1010, p. 5
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`OWNER Ex. 2040, page 5
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`
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`in the same way; (E) applying a known technique to a known device ready for
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`improvement to yield predictable results; (F) trying a finite number of identified,
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`predictable potential solutions, with a reasonable expectation of success; or (G)
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`identifying that known work in one field of endeavor may prompt variations of it
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`for use in either the same field or a different one based on design incentives or
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`other market forces if the variations are predictable to one of ordinary skill in the
`
`art.
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`12. Moreover, I have been informed and I understand that so-called objective
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`indicia ofnon-obviousness, also known as “secondary considerations,” like the
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`following are also to be considered when assessing obviousness: (1) commercial
`
`success; (2) long-felt but unresolved needs; (3) copying of the invention by others
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`in the field; (4) initial expressions of disbelief by experts in the field; (5) failure of
`
`others to solve the problem that the inventor solved; and (6) unexpected results.
`
`I
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`also understand that evidence of objective indicia of non-obviousness must be
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`commensurate in scope with the claimed subject matter.
`
`I am not aware of any
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`obj ective indicia of non-obviousness for the ‘867 patent.
`
`Materials Considered
`
`13.
`
`I have read the ‘867 patent and its prosecution history.
`
`I have also reviewed
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`U.S. Patent No. 4,939,652 to Steiner (“Steiner”; Exhibit 1006 to the petition); US.
`
`Patent No. 5,430,432 to Camhi et al. (“Camhi”; Exhibit 1007 to the petition); U.S.
`
`TOYOTA EX. 1010, p. 6
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`OWNER Ex. 2040, page 6
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`
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`Patent No. 5,311,197 to Sorden et al. (“Sorden”; Exhibit 1009 to the petition);
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`Japanese Patent Publication No. H03-085412 to Aoyanagi (“Aoyanagi”; Exhibit
`
`1002 to the petition); and International Patent Publication No. WO 90/03 899 to
`
`Vollmer et al. (“Vollmer”; Exhibit 1004 to the petition) along with their
`
`corresponding certified translations (Exhibit 1003 and Exhibit 1005, respectively).
`
`Additionally, I have read Fincham et al., “A Transient Recorder for Road
`
`Accidents,” Autotnotive Iilectronics, 1991, Eighth International (‘onference on
`
`Automotive I:"lectronic.s‘, pp. 135-39, Oct. 28-31, 1991 (“Fincham”; Exhibit 1008
`
`to the petition), GB. Hamilton & M. Kirshenblatt, Real—Time Vehicle Sy.s'tem.s‘
`
`Monitoring, 3 Microcomputers in Civil Engineering 45 (1988) (Exhibit 1011);
`
`Trevor 0. Jones & Wallace K. Tsuha, Fiilly Integrated Track Information and
`
`control S)2.s'tein..s‘ (TIA ('8), SAE Technical Paper 831775 (1983) (Exhibit 1012);
`
`Daniel Sellers & Thomas J. Benard, An Update on the ()tnniI'I€A('Sr Two— Way
`
`Satellite Mobile ('orntnunic'atton.s'1S:v.s'tei11 and its Application to the Schneider
`
`National 'I'ri.iclcloaa' Fleet, Proceedings of the 1992 International Congress on
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`Transportation Electronics, Society of Automotive Engineers, Dearborn, MI, SAE
`
`P-260 (1992) (Exhibit 1013); and LeR0y G. Hagenbuch, Trz,icl(/Mobile Iiqaipment
`
`Performance Monitoring Management Information Sy.s'1‘ems (MIS), SAE Technical
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`Paper 861249 (1992) (Exhibit 1014).
`
`TOYOTA EX. 1010, p. 7
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`OWNER Ex. 2040, page 7
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`
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`Level of Ordinary Skill in the Art
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`14.
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`I have been asked to provide my opinion regarding the “level of ordinary
`
`skill in the art” at the time of the invention, which I have been told is February 15,
`
`1994.
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`15.
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`I understand that the hypothetical person of ordinary skill in the art is
`
`considered to have the normal skills and knowledge of a person in a certain
`
`technical field.
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`I understand that factors that may be considered in determining the
`
`level of ordinary skill in the art include: (1) the education level of the inventor; (2)
`
`the types of problems encountered in the art; (3) the prior art solutions to those
`
`problems; (4) rapidity with which innovations are made; (5) the sophistication of
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`the technology; and (6) the education level of active workers in the field.
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`I also
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`understand that “the person of ordinary skill” is a hypothetical person who is
`
`presumed to be aware of the universe of available prior art.
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`16.
`
`In view of the factors above, it is my opinion that, in February 1994, a
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`person of ordinary skill in the art would have had one of the following: (1) a
`
`bachelor’s degree in electrical, mechanical or computer science/engineering (or a
`
`closely related field) with at least four years of experience working with
`
`automotive electronics, (2) a master’s degree in electrical, mechanical or computer
`
`science/engineering (or a closely related field) with at least two years of experience
`
`working with automotive electronics, or (3) a PhD in electrical, mechanical or
`
`TOYOTA Ex. 1010, p. 8
`
`OWNER Ex. 2040, page 8
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`
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`computer science/engineering (or a closely related field) focused on automotive
`
`electronic systems.
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`17.
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`Based on my experience and education, I consider myself to be a person of
`
`at least ordinary skill in the art with respect to the field of technology implicated by
`
`the ‘867 patent (as of 1994). Unless stated otherwise, my opinions herein are
`
`provided from the viewpoint of one of ordinary skill in the art in February 1994,
`
`126., at the time of the earliest priority date for the ‘867 patent.
`
`Background on the State of the Art
`
`18.
`
`It is my experience that since the 19805 as capable and affordable embedded
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`systems and sensors became available, augmented by wireless communications;
`
`these new capabilities were applied to the transportation industry. As reported by
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`the researchers G.B. Hamilton and M. Kirshenblatt of Sypher: Mueller
`
`lntemational Inc. in their 1988 paper, “Real-time Vehicle Systems Monitoring,”
`
`(Exhibit 101 1). “The use of computer—based systems to monitor and display
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`Vehicle location is currently an area of strong interest, and a number of
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`organizations have developed such systems. . .. Our requirement for Vehicle data
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`acquisition systems (DAS) was to monitor and store data on driving cycle,
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`temperatures, pressures, engine stoichiometry, etc. In the course of working with
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`fleets, it became clear that if vehicle systems data could be transmitted to a base
`
`station in real time, could be interpreted by base station software to provide a
`
`TOYOTA EX. 1010, p. 9
`
`OWNER Ex. 2040, page 9
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`
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`diagnostic capability, and could be combined with a map location display
`
`capability, then it would be of interest to a large number of fleets.” (Id. at 45).
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`The figure below taken from the 1988 Hamilton paper contains all the elements of
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`a modern fleet tracking and diagnostic system with communications capability.
`
`HCUIIE 3. Fie-at Tral; wslm-n s:h:Imat:c.
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`19.
`
`The seminal paper published by the Society of Automotive Engineers (SAE)
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`in 1983 titled, “Fully Integrated Truck Information and Control Systems (TIACS)”
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`by Trevor 0. Jones and Wallace K. Tsuha of TRW Inc. (Exhibit 1012) “identifies
`
`the current, near term, and long range system requirements and suggests ideas for a
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`fully integrated Truck lnformation And Qontrol §ystem (TlACS).. (Ex. 1012,
`
`1). The industry recognized the benefits of applying embedded systems and sensor
`
`10
`
`TOYOTA Ex. 1010, p. 10
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`OWNER Ex. 2040, page 10
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`
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`technology to commercial vehicles for “optimizing asset utilization,
`
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`improving
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`productivity” and “reducing operating cost.” (Id.). Additionally, the industry
`
`recognized “the need to implement a recording and monitoring capability for
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`improved asset management and reduction of diagnostic and maintenance costs.”
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`(Id. at 7). In my opinion, this seminal paper represents the “state of the art”
`
`describing the need and approach to monitoring and recording production-related
`
`and Vital sign parameters. As shown below, the elements (e.g., performance or
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`task and maintenance or Vital sign monitoring and recording) of a modern
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`commercial fleet system are described.
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`11
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`TOYOTA Ex. 1010, p. 11
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`OWNER Ex. 2040, page 11
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`15 - Vehicle performance monitors and
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`(Id. at Fig. 14).
`
`12
`
`TOYOTA Ex. 1010, p. 12
`
`OWNER Ex. 2040, page 12
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`
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`13 - Via telecommunications satellite
`Fig.
`the vehicle on-board computer could trams-
`mil:
`and receive messages
`from the dispatch
`center computer
`
`(Id. at Fig. 18).
`
`20.
`
`Those skilled in the art were aware of the need to combine data transmission
`
`with recording systems and, therefore, would have been motivated to do so. An
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`example is the Qualcomm OmniTRACSr product first launched in 1988.
`
`It is my
`
`experience that from 1988 -1992 companies, such as Qualcomm, first developed
`
`and expanded the capability of on-board embedded systems to include two—way
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`communications such as emergency messaging. The Qualcomm OmniTRACSr
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`product for heavy trucks is an example and is described in the 1992 Proceedings of
`
`the International Congress on Transportation Electronics, “An Update on the
`
`13
`
`TOYOTA Ex. 1010, p. 13
`
`OWNER Ex. 2040, page 13
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`
`
`OmniTRACSr Two—Way Satellite Mobile Communications System and its
`
`Application to the Schneider National Truckload Fleet”, Daniel Sellers of
`
`Schneider National and Thomas J. Benard Qualcomm, October 1992. (Exhibit
`
`1013). Accordingly, one of ordinary skill in the art would have also known that
`
`those types of sensors were commonly used in systems to monitor vehicle-
`
`operating parameters, provide external signals when certain conditions were
`
`reached, and that wireless technology could be used to transmit data and alert
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`others of those conditions.
`
`The ‘867 Patent
`
`21.
`
`The ‘867 patent (Ex. 1001) describes a system for monitoring production-
`
`related (e.g., vehicle speed) and vital sign (e.g., crash detection) parameters,
`
`detecting a collision, automatically sending a distress signal if a collision is
`
`detected, and recording pre-collision production-related parameters and post-
`
`collision Vital sign parameters.
`
`(Id. at 6:30-8:25).
`
`22.
`
`Figure 2A of the ‘867 patent illustrates the hardware architecture for the
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`claimed system. The system is controlled by processor 41, which receives
`
`production-related inputs 67 and Vital sign inputs 73. (Id. at 7:51-53, Fig. 2B). As
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`noted in the ‘867 patent specification, a system for monitoring production-related
`
`and Vital sign parameters was well-known at the time of the ‘867 patent’s priority
`
`date:
`
`14
`
`TOYOTA Ex. 1010, p. 14
`
`OWNER Ex. 2040, page 14
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`
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`Recently, it has become increasingly common for heavy—duty vehicles
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`such as the vehicle 11 in FIG. 1A to include a plurality of sensors
`
`distributed about the vehicle for the purpose of monitoring certain
`
`important performance and vital sign parameters.
`
`(Id. at 611-5).
`
`23.
`
`Likewise, the ‘867 patent specification acknowledges that the enumerated
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`production-related and vital sign sensors were all well-known at the time of the
`
`‘867 patent’s priority date:
`
`Each of the foregoing vital sign and production-related sensors 73 and
`
`67 is a well known sensor that is commercially available.
`
`(Id. at 6:37—7:l).
`
`24.
`
`Regarding the system’s method for collision detection, the ‘867 patent
`
`specification describes only one method:
`
`[T]he system recognizes a crash when the value of the data sampled
`
`from the accelerometer 73L exceeds a pre-programmed critical value
`
`116.
`
`(Id. at 25:14-16).
`
`25.
`
`Likewise, the wireless distress signal sent automatically in the event of a
`
`collision is only mentioned once in the specification of the ‘867 patent:
`
`[A] crash event sensed by the processor 41 as explained hereinafter
`
`may automatically key the transceiver 55 to download the data in the
`
`RAM 47 and also serve to broadcast a distress signal, which serves to
`
`15
`
`TOYOTA Ex. 1010, p. 15
`
`OWNER Ex. 2040, page 15
`
`
`
`alert other personnel (e.g., at a central station) that immediate aid may
`
`be required.
`
`(Id. at 7:44-49).
`
`26.
`
`Figure 2B of the ‘867 patent provides a functional diagram of the system.
`
`(Id. at Fig. 2B, 7:50-51). As illustrated in Figure 2B, the processor receives data
`
`from both production-related and vital sign sensors at periodic sampling intervals.
`
`(Id. at 7:51-53). The data received by the processor 41 is then stored inside the
`
`RAM 47, which includes chronology memory 83 and diagnostic memories 85, 87,
`
`89.
`
`(Id. at Fig. 2B, 7:58-64). At periodic sampling intervals, processor 41 stores
`
`all production-related parameters into chronology memory 83. (Id. at 7:53-57,
`
`11:22-25). Additionally, the processor 41 updated the diagnostic memory 87 if
`
`any of the vital sign parameters is “one of the historical ten highest or lowest
`
`readings” such that the diagnostic memory 87 maintains “the ten most extreme
`
`readings from each of the vital sign sensors 73.” (Id. at 8:9-24_).
`
`27. Diagnostic memories 85 and 89 are used to store data if any one of the vital
`
`sign sensor 73 readings exceed a pre-determined critical value.
`
`(Id. at 7:65-8:9).
`
`Specifically, when the system detects a collision, see .s'upr'a M1] 24, processor 41
`
`stores all the production-related parameters stored in chronology memory 83 into
`
`diagnostic memory 85.
`
`(Id. at 7:65-8:1, ll:66-12:3, 25:16-20). Likewise, ifany
`
`of the vital sign sensors exceeds a pre-determined value, processor 41 stores the
`
`16
`
`TOYOTA Ex. 1010, p. 16
`
`OWNER Ex. 2040, page 16
`
`
`
`identity of the vital sign sensor, the value of the vital sign sensor, and a pre-
`
`determined amount of production related data into diagnostic memory 89.
`
`(Id. at
`
`8: 1-7).
`
`28.
`
`The ‘867 patent specification also “contemplates continuing to gather data
`
`and store the data to the memories 85 and 89 so long as the value of the vital sign
`
`parameter exceeds the critical value 116.” (Id. at 25:22-24). Accordingly, the
`
`‘867 patent specification contemplates recording both production-related and vital
`
`sign parameters after a collision.
`
`(Id. at 25:21-36).
`
`Claim Construction
`
`29.
`
`I have been asked to provide my opinion regarding the claim terms:
`
`73 (L
`“monitoring production-related parameters, monitoring vital sign parameters,”
`
`and “a permanent memory.” I understand that, prior to the expiration of the patent,
`
`the terms appearing in the claims are to be interpreted according to their “broadest
`
`reasonable interpretation in light of the specification of the patent in which it
`
`appears.” After the patent expires, the terms appearing in the claims are to be
`
`interpreted according to the standard applied in a district court.
`
`I further
`
`understand that under the standard applied in the courts, claims generally are given
`
`their ordinary and customary meanings to a person of ordinary skill in the art in
`
`question at the time of the invention, z'.e., as of the effective filing date of the patent
`
`application.
`
`I am informed by counsel that in construing claims, courts look first
`
`17
`
`TOYOTA Ex. 1010, p. 17
`
`OWNER Ex. 2040, page 17
`
`
`
`and primarily to intrinsic evidence, which includes the claims themselves, the
`
`patent specification, and the prosecution history of the patent.
`
`I am further
`
`informed by counsel that the court will rely heavily on the written description, or
`
`specification, of the patent at issue for guidance as to the meaning of its claims,
`
`and that the specification is the best guide to the meaning of a disputed term and is
`
`usually dispositive. With this understanding in mind, I interpret the phrases
`
`73 (L
`“monitoring production-related parameters, monitoring vital sign parameters,”
`
`and “a permanent memory.” Under either standard my construction of those
`
`phrases is the same.
`
`30.
`
`The phrase “monitoring production-related parameters” in claims 1-14
`
`should be construed to mean sampling data from sensors that provide indicia of the
`
`work done by a vehicle. The specification of the ‘867 patent supports this
`
`construction because the specification describes processor 41 which samples data
`
`from the production-related sensors 67 that measure parameters, such as engine
`
`RPM, throttle position, engine fuel consumption, distance traveled, ground speed,
`
`road incline, angle of turn, steering wheel, status of brake, vehicle direction, load,
`
`and dump.
`
`(Ex. 1001, 1:45-47, 2:67-3:3, 6:32-49, 7:50-57).
`
`31.
`
`The phrase “monitoring vital sign parameters” in claims 1-14 should be
`
`construed to mean sampling data from sensors indicative of the state of health of
`
`the vehicle. The specification of the ‘867 patent supports this construction because
`
`18
`
`TOYOTA Ex. 1010, p. 18
`
`OWNER Ex. 2040, page 18
`
`
`
`the specification describes processor 41 which samples data from the vital sign
`
`sensors 73 that measure parameters, such as engine oil temperature, engine oil
`
`pressure, engine coolant level, engine crankcase pressure, engine fuel pressure,
`
`transmission oil temperature, transmission oil level, differential oil temperature,
`
`differential oil level, current amperes to drive motor, drive motor temperature,
`
`crash (acceleration), and tire air pressure.
`
`(Id. at 1:33-44, 6:30-32, 6:50-65, 7:50-
`
`53, 7:60-62, 8:11-14).
`
`32.
`
`The phrase “a permanent memory” in claims 1-14 should be construed to
`
`mean any set of memory addresses that are preserved so that they are not
`
`overwritten. The specification of the ‘867 patent is consistent with this
`
`construction because it 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.” (Id. at 9:57-63).
`
`Claim 1 is Obvious Over Aoyanagi in View of
`Vollmer and Steiner
`
`33.
`
`It is my opinion that claim 1 would have been obvious to one of ordinary
`
`skill in the art over Aoyanagi in view of Vollmer and Steiner. My analysis of the
`
`scope and content of the prior art references follows. Additionally, I have
`
`compared the prior art references with claim I of the ‘867 patent, noting
`
`differences, or lack thereof.
`
`19
`
`TOYOTA Ex. 1010, p. 19
`
`OWNER Ex. 2040, page 19
`
`
`
`34.
`
`Aoyanagi is directed to “a recording apparatus for vehicle running
`
`conditions, especially to a recording apparatus for vehicle running conditions
`
`(hereinafter referred to as a recording apparatus) that records running data at the
`
`time when the vehicle has received shocks due to an accident or the like, while
`
`protecting those data from cori1.1ption.” (Ex. 1003, 70:2:3—9). Likewise, Vollmer
`
`teaches an emergency call device that monitors and captures vehicle operating
`
`parameters such as “number of passengers 47, seat positions 48 of the passengers,
`
`speed and deceleration measurement 49, speeding 40.” (Ex. 1005, 6:26-27).
`
`Furthermore, Vollmer’s emergency call device “sends an automatic emergency call
`
`in the event of danger, accident or breakdown.” (Id. at Abstract). As discussed in
`
`detail below, see infra W 44-48, 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
`
`Vollmer’s automatic emergency distress call feature with Aoyanagi’s recording
`
`device to rapidly inform emergency personnel of the accident and facilitate a swift
`
`response. (Id. at 335-13, 6:21-23). Accordingly, a person of ordinary skill in the
`
`art would have understood that the normal operations of the Aoyanagi recording
`
`apparatus in combination with Vo11mer’s emergency call device would include “A
`
`method for recording operation of a vehicle and facilitating emergency response in
`
`the event of a collision of the vehicle,” as recited in claim 1.
`
`20
`
`TOYOTA Ex. 1010, p. 20
`
`OWNER Ex. 2040, page 20
`
`
`
`35.
`
`The Aoyanagi recording apparatus monitors specific vehicle running
`
`parameters by using a Variety of sensors. (Ex. 1003, 71:1:50—72: 1 :2).
`
`Specifically, Aoyanagi monitors the sensor data by “record[ing] data of the
`
`running conditions of the Vehicle from these sensors...” (Id. at 71 : 126-8).
`
`Vehicle running parameters detected at the sensors are recorded “every 0.1 to 0.2
`
`seconds” so “the recording apparatus can continuously store the latest running
`
`information for a total time period of about 1.5 minutes to a little over 3 minutes.”
`
`(Id. at 72:1 :29—33). Aoyanagi discusses monitoring Vehicle ground speed by
`
`using, for example, vehicle wheel speed sensors.
`
`(Id. at 71 :1:65—71:2:2). As seen
`
`in Figure 2 reproduced below, Aoyanagi describes monitoring engine throttle
`
`position “by detecting the butterfly position of an intake manifold 22a activated by
`
`an accelerator 26 through a rotation angle sensor 24 mounted within the intake
`
`manifold 22a of the engine 22.” (Id. at 71:2:20—23, Fig. 2). Aoyanagi discusses
`
`monitoring the status of a passenger’s seatbelt by using “A seat belt fastened
`
`sensor (simply a switch)[, which] is mounted on seat belt fasteners”.
`
`(Id. at
`
`71:2:62—64). Accordingly, a person of ordinary skill in the art would have
`
`understood that the normal operations of the Aoyanagi recording apparatus would
`
`include “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,. ..
`
`and a status of a seat belt,” as recited in claim 1.
`
`21
`
`TOYOTA Ex. 1010, p. 21
`
`OWNER Ex. 2040, page 21
`
`
`
`l-‘l(_i. I
`
`22 O
`
`'
`
`2-! RI J']'_-\']'I( J_\' ,-\.\'(rl.l'
`
`.\'I".\I.\'l JR
`
`Jfi.-\('('l-'I.}-"R.-\'l'l1R I2 l7.\'(il.\|-I
`
`36.
`
`As seen in Figure 3 reproduced below, Aoyanagi discloses monitoring the
`
`status of the Vehicle’s 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, Fig. 3). The brake pedal position is detected from the hydraulic pressure and
`
`recorded.
`
`(Id. at 7l:1:6—9, 71 :2:28—35).
`
`37.
`
`A person of ordinary skill in the art at the time of the ‘867 patent’s priority
`
`date would have understood that when no pressure is applied to the brake pedal,
`
`the hydraulic pressure sensor 28 would detect an amount of pressure that
`
`corresponds to an “off” state of the braking system, 2'. e. when no braking pressure
`
`is applied to the brake 30. On the other hand, when pressure is applied to the brake
`
`pedal, the hydraulic pressure sensor 28 would detect an increased amount of
`
`pressure that corresponds to an “on” state of the braking system.
`
`38. Additionally, 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 make a straight forward
`
`22
`
`TOYOTA Ex. 1010, p. 22
`
`OWNER Ex. 2040, page 22
`
`
`
`modification to Aoyanagi’s brake monitoring method to create a simpler system
`
`that only monitors the braking system for an on or off status. A person of ordinary
`
`skill in the art would have made Aoyanagi’s apparatus recognize the braking
`
`system as “off ’ when the hydraulic pressure was at its rest state (z'.e., no pressure
`
`applied to the brake pedal). Conversely, the apparatus would recognize the system
`
`as “on” for all hydraulic pressure readings above the rest state pressure (£16.,
`
`pressure is being applied to the brake pedal, or non-zero pressure is applied). A
`
`person of ordinary skill in the art would have been motivated to modify
`
`Aoyanagi’s brake sensors to monitor only the on/off status in order to create a
`
`simpler system for applications that only need to record whether or not the brakes
`
`were applied. The Fincham reference, for example, supports this conclusion
`
`because it teaches using the on/off status of the brake light to record when and
`
`whether the brakes were applied before, during, and after a collision (Ex. 1008,
`
`l35:l:52—54, l36:l:l5, l36:2:32, Table 1, Fig. 2). Aoyanagi discusses using brake
`
`pedal position to detect vehicle acceleration/deceleration (21 6., a collision). (Ex.
`
`1003, 7l:2:6—lO). Accordingly, a person of ordinary skill in the art would have
`
`understood that the normal operations of the Aoyanagi recording apparatus would
`
`include “monito
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