`TOYOTA MOTOR CORP.,
`Petitioner,
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`v.
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`
`LEROY G. HAGENBUCH,
`Patent Owner.
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`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`
`
`Case IPR2013-00483
`Patent 8,014,917
`
`Administrative Patent Judge Jameson Lee
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`
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`
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`
`
`DECLARATION OF MICHAEL NRANIAN
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`1.
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`I, Michael Nranian, make this declaration in connection with a Decision
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`instituting Inter Partes Review of U.S. Patent No. 8,014,917 in Case IPR2013-
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`00483.
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`2.
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`All statements herein made of my own knowledge are true, and all
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`statements herein made based on information and belief are believed to be true. I
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`am over 21 years of age and otherwise competent to make this declaration.
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`3.
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`Although I am being compensated for time in preparing this declaration, the
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`opinions herein are my own, and I have no stake in the outcome of this inter partes
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`review proceeding.
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`1
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`OWNER Ex. 2057, page 1
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`4.
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`I have been asked to review evidence and other submissions presented by
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`the Petitioner in these inter partes review proceedings, and provide my opinions
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`and observations on factual issues. I have also reviewed materials specifically
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`referenced below.
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`5.
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`Although I have a law degree, I have not been asked to opine on any legal
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`issues.
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`Background and Qualifications
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`A copy of my curriculum vitae is attached hereto.
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`Among my degrees, I possess a Bachelor of Science in Electrical and
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`6.
`7.
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`Computer Engineering, a Master of Science in Electrical Engineering, and a
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`Bachelor of Science in Chemical Engineering. I also am a licensed Professional
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`Engineer, Certified Project Management Professional, as well as a Lean Six Sigma
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`Black Belt certified through the American Society for Quality and the International
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`Quality Federation.
`8.
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`I currently work as a contractor for the U.S. Army, for the Chief Scientist’s
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`Office, in the Tank and Automotive Research, Development and Engineering
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`Center (TARDEC) in Warren, Michigan.
`9.
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`Prior to my employment with the Army, I worked as a design engineer and
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`engineering manager in the automotive industry from 1985 to 2007. This includes
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`experience at Ford, General Motors and Allied Signal. I worked at Allied Signal
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`from 1992 to 1993, General Motors from 1993 to 1995, and Ford Motor Company
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`from 1985 to 1992, and from 1995 to 2007.
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`2
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`OWNER Ex. 2057, page 2
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`10. While at Allied Signal and General Motors I worked as a Senior Project
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`Engineer, where my work included the design and development of automotive
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`vehicle electrical systems and architectures, electrical and data communication
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`protocols, vehicle system diagnostics and fault codes, warnings, safety and airbag
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`system sensing and electrical systems, sensor algorithm development, sensor
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`fusion technologies and assessments, supplemental inflatable restraints, sensing
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`and airbag strategy, seatbelt/restraint systems and components, pretensioners,
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`vision systems, airbag modules, hybrid inflators, airbag suppression systems,
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`occupant and infant/child seat sensing and detection systems, out of position
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`occupant detection, safety component and system diagnostics, occupant ergonomic
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`evaluations, user and occupant audio and visual interfaces and displays, vehicle
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`crashworthiness, vehicular structural modifications, occupant injury mitigation,
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`crash and rollover protection, electromechanical/transducer and accelerometer
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`based sensing systems,
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`infrared, vision, camera, sonar, acoustic,
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`radar
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`sensing/detection technologies and systems. I conducted numerous system and
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`component evaluations, laboratory tests, supplier and technology assessments,
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`quality and reliability evaluations, as well as barrier and sled tests, and developed
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`design validation plans and reports and failure modes and effects analyses to
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`design and develop automotive safety systems, including those involving crash
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`pulse storage and/or diagnostics retrieval from vehicle modules, systems parameter
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`information retrieval from vehicle modules, and those for supplemental inflatable
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`restraints, sensing and electrical systems, sensor algorithm development, sensor
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`fusion technologies and assessments, sensing and airbag strategy, seatbelt/restraint
`3
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`OWNER Ex. 2057, page 3
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`systems and components, warning systems, electrical interface architectures, and
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`automotive electrical system communication protocols, and safety systems for
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`occupant protection and injury mitigation. My responsibilities also included
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`ensuring compliance with Federal Motor Vehicle Safety Standards, ECE
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`regulations, Industry Standards, Corporate Standards, and Due-Care Requirements.
`11. While at Ford, my experience included working as a Product Design
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`Engineer, a Technical Specialist, a Design Analysis Engineer, and an Engineering
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`Manager. My work included the design and development of automotive vehicle
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`electrical systems and architectures, electrical and data communication protocols,
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`vehicle system diagnostics and fault codes, crash pulse storage and/or diagnostics
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`retrieval system from vehicle modules, systems parameter information retrieval
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`from vehicle modules, supplemental inflatable restraints, sensing and electrical
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`systems, sensor algorithm development, sensor
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`fusion
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`technologies and
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`assessments, sensing and airbag strategy, seatbelt/restraint systems and
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`components, frontal and side impact systems and components, inflatable curtain
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`and side airbag systems, rollover systems, rollover protection and avoidance,
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`vision systems, airbag modules, hybrid inflators, airbag suppression systems,
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`occupant and infant/child seat sensing systems, occupant and out of position
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`occupant sensing and detection, diagnostics of safety components and systems,
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`critical parameter storage and retrieval, warnings, occupant ergonomic evaluations,
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`user and occupant audio and visual interfaces and displays, vehicular compatibility
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`analyses and assessments, seat belt and seating systems, pretensioners and
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`tensioning systems, vehicular structural design and development, storage of fault
`4
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`OWNER Ex. 2057, page 4
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`codes and critical parameter information related to automotive vehicle systems as
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`well as collision parameter and crash pulse storage and retrieval for automotive
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`safety systems and the communication and retrieval of this information. This
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`includes communication of information through automotive vehicle electrical
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`systems and architectures, electrical and data communication protocols and
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`interfaces, vehicle electrical networks and network interfaces. My work included
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`the design and development of these systems to meet vehicle crashworthiness and
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`crash performance requirements and occupant injury mitigation. My work also
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`involved systems utilizing infrared, vision, camera, sonar, acoustic, radar sensing,
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`monitoring,
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`and
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`detection
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`technologies
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`and
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`systems,
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`as well
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`as
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`electromechanical/transducer and accelerometer based sensing systems.
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` I
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`conducted numerous system and component evaluations, laboratory tests, supplier
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`and technology assessments, quality and reliability evaluations, as well as barrier
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`and sled tests, and I developed design validation plans and reports and failure
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`modes and effects analyses, corporate standards and specifications, and design
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`guidelines, to design and develop electrical networks, data storage and retrieval,
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`data communication and critical parameter storage, collision parameter storage and
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`retrieval for automotive safety systems for occupant protection and injury
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`mitigation. My responsibilities also included ensuring compliance with Federal
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`Motor Vehicle Safety Standards, ECE regulations, Corporate Standards, Industry
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`Standards, and Due-Care Requirements. I also conducted extensive field event
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`analyses, forensic investigations, vehicle inspections, accident reconstructions, and
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`5
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`OWNER Ex. 2057, page 5
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`determined causation and root cause analyses for hundreds of automotive accidents
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`to provide information for improvement of designs for automotive safety systems.
`12. Subsequent to my employment at Ford, I worked as a Systems Engineer for
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`Raytheon and General Dynamics, where I developed defense systems for military
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`vehicles.
`13.
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`In my current position as a contractor for the US Army, I possess an Active
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`Secret Security Clearance. My responsibilities in my current position, as well as
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`my positions with General Dynamics and Raytheon, include working with internal
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`scientists, researchers and technical staff, as well as outside collaborators and
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`universities, to develop technologies, innovation, and inventions for the protection
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`of our soldiers and the enhancement of our soldiers’ survivability in military
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`vehicles. This includes the development and assessment of vehicle and robotic
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`data communication and electrical system architectures, critical parameter
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`diagnostics and storage, camera and vision systems, human interface displays,
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`acoustic, ultrasonic, IR, radar, night vision, and electromagnetic sensing, sensor
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`fusion, algorithm, and pattern recognition development, robotic systems,
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`Improvised Explosive Device (IED) detection and injury mitigation systems, armor
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`and electromagnetic armor development, electromagnetic wave sensing and
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`frequency determination, Command, Control, Communications, Computers,
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`Intelligence, Surveillance and Reconnaissance (C4ISR) systems development, 360
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`degree surveillance, active and passive safety system development and occupant
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`injury mitigation.
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`6
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`OWNER Ex. 2057, page 6
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`14. During the course of my career in automotive research, development and
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`testing, I have designed, tested, and developed numerous vehicle electrical and
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`sensing systems, conducted numerous crash and collision tests, and have
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`developed and designed collision parameter and crash pulse storage and critical
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`parameter retrieval systems for vehicle collision safety systems, airbag systems,
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`seatbelt systems, and sensing systems, for use in automobiles. I am thoroughly
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`familiar with the operation and functionality of crash data recording and diagnostic
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`systems and vehicular systems critical parameter and information storage and
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`retrieval. This includes those related to crash and impact detection and reaction
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`systems involving accelerometers and electromechanical sensors/transducers and
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`other technologies, as well as occupant safety systems. This includes the testing,
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`design, and development work related to occupant injury causation, and injury
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`mitigation in vehicles, and field analyses of product performance to improve
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`designs and improve system performance. In short, I have years of experience
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`working with event data recorders and specifying the design characteristics they
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`need to possess, including which parameters are to be monitored and recorded.
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`15.
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`I have been qualified to testify as an expert in over 20 cases involving
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`automotive safety and electrical systems, and the retrieval of collision parameter
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`information and critical vehicle system parameter information in automotive crash
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`events.
`16.
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`I am a member of the Project Management Institute, American Society for
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`Quality, International Quality Federation, and the Forensic Expert Witness
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`Association.
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`7
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`OWNER Ex. 2057, page 7
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`17.
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`In preparing this Declaration, I reviewed the materials specifically identified
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`Materials Considered
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`herein.
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`Overview of the Claimed Inventions
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`18. The ‘917 Patent describes a comprehensive system for securely storing
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`and/or transmitting information permitting accident reconstruction, evaluation of
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`driver behavior, analysis of component and system diagnostic information and
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`critical vehicle system and component parameters for potential determination of
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`component and system design and/or manufacturing defects, and enhancements to
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`emergency responses to a collision.
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`19. The specification of the ‘917 Patent is generally drawn to two types of
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`sensors: “production-related” and “vital signs.”
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`20. Production-related sensors generally monitor a vehicle’s performance.
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`“Production performance of the vehicle is generally evaluated in the amount of
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`work done by the vehicle in a unit of time—e.g., miles per hour, tons per hour and
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`the like.” Ex. 1001 at col. 1, ll. 56-59. Examples of production parameters include
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`engine RPM, throttle position, distance travelled, ground speed and brake status.
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`Id. at col. 6, ll. 30-42.
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`21.
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`“Vital signs” refer to the “health” of the vehicle, and indicate whether a
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`“component or subassembly is operating in a … ‘critical’ state—i.e., a state that if
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`maintained will cause the component or subassembly to fail.” Ex. 1101, col. 1, ll.
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`33-44. Examples of vital signs include engine oil temperature, engine oil pressure,
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`8
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`OWNER Ex. 2057, page 8
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`and tire pressure. Vital signs sensors also monitor whether the vehicle is involved
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`in a collision. Ex. 1101 at col. 6, ll. 43-65; FIGs. 1B and 1C.
`22. Data provided by each type of sensor are acquired by an “electronic
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`processor on-board the vehicle,” while “[a] memory … stores the vital sign and
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`work data acquired by the processor in a format that allows the data to be retrieved
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`from the memory in a manner that correlates the vital sign and work data.” Id. at
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`col. 2, ll. 61 – col. 3, ll. 7.
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`23. The specification of the ‘917 Patent further states that, “[w]hen taken as
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`disparate items, tracking either vital signs or production parameters [but not both]
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`gives only a partial picture of a vehicle’s operation.” Id. at col. 2, ll. 11-13. By
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`correlating these two categories of sensor data in a memory, such as data
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`surrounding detection of a collision, more complete analyses of the vehicle’s “state
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`of health” can be achieved. Id. at col. 2, ll. 43-46.
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`24. Values of production-related parameters are continuously captured into a
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`memory, wherein the oldest data are overwritten by the newest data. See, e.g., id.
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`at FIGs. 5A, 5B, col. 10, line 7 – col. 11, line 30 (listing “production-related
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`parameters exemplify[ing] the type of vehicle parameters that are monitored,
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`temporarily stored in memory and then permanently stored with vital sign data
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`when a failed mode is detected”), col. 11, lines 31-56 (describing data capture and
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`decreasing resolution for older data), col. 12, ll. 54-58 (“As the data ages, the
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`chronology memory 83 retains smaller fractions of the originally sampled data.
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`When the data is approximately 606 minutes old (as measured by vehicle operation
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`time), it is no longer stored.”). Therefore, chronological records of the most
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`OWNER Ex. 2057, page 9
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`current critical vehicle parameters are continuously stored in memory and
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`overwrite older vehicle information with updated information, and when a failure
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`mode is detected or when a collision event occurs, the chronological records of the
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`latest updated critical parameter information is permanently stored in memory.
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`Also, chronological records of the critical vehicle parameter information can
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`continue to be permanently stored even after a collision event or other failure mode
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`occurs. These critical vehicle parameters can later be retrieved for analysis.
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`25. The specification notes that the “[t]he production-related parameters that
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`provide useful chronologic[al] information for diagnosing the cause of a failure
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`mode are in three categories—i.e., engine, position and relative speed of the
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`vehicle, and load.” Ex. 1001, col. 9, ll. 57-61. I note that a crash would be
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`considered a failure mode of the vehicle. Further, in regards to the first category of
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`“useful chronologic[al] information,” i.e., “engine,” the specification further
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`identifies “Engine RPM” and “Engine throttle position” as two of three enumerated
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`types engine information to be monitored and stored when a failure mode occurs.
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`Id. at col. 10, ll. 1-11.
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`26.
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`In the event that the failure mode of the vehicle is a crash, the specification
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`notes that braking “information can be particularly useful in connection with
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`diagnosing a crash condition. For example, if the brakes are applied, what was the
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`vehicle speed on brake application? … Over what distance were the brakes
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`applied, and what was vehicle speed on release or [sic, of] brakes?” Ex. 1001, col.
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`10, ll. 43-57. Accordingly, the specification teaches the importance of capturing
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`data for a combination of both pre-crash vehicle speed and brake usage, and the
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`OWNER Ex. 2057, page 10
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`skilled artisan would understand the value of collecting such information at least
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`for the purpose of evaluating driver behavior. The skilled artisan also would see
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`that throttle position data could provide similarly useful information, e.g., did the
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`driver open the throttle (as opposed to depressing the brake pedal) during the time
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`preceding a crash of the vehicle?
`27.
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`In further regards to braking data, the specification states that “[t]wo types of
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`sensors can be employed. One is a simply on/off status sensor. The other type of
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`sensor senses the degree of braking by sensing the pressure of the fluid in the
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`hydraulic brake lines.” Ex. 1001, col. 10, ll. 43-47. The on/off brake sensor would
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`generally indicate whether or not the driver applied pressure to the service brake.
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`A brake pressure sensor would generally indicate the relative degree to which the
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`driver engaged the brake, at least over a period of time of relatively constant
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`temperature (the temperature issue being discussed further below).
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`28. Additionally, in the context of a crash scenario, the specification states that
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`“[t]he status of the operator’s seat belt is also a particularly useful parameter….”
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`Ex. 1001, col. 10, ll. 63-67. The safety belt status of an occupant in a vehicle
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`involved in a collision generally will bear on the extent of an injury to the
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`occupant.
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`29. Further, the specification notes that “it may be desirable to include … a
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`[steering wheel angle] sensor in connection with diagnosing a crash event” and that
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`such pre-crash data “can complement the values of other parameters in diagnosing
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`a cause of a crash.” Ex. 1001, col. 10, ll. 35-42.
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`11
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`OWNER Ex. 2057, page 11
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`30.
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`In view of the foregoing, the specification focuses in on the types of vehicle
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`production-related parameter data that Mr. Hagenbuch believed to be important
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`(and I agree with Mr. Hagenbuch) to capture in the event of a collision, which
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`parameters include, at least, braking, velocity, throttle position, seat belt status and
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`steering wheel position.
`31. The specification further addresses the importance of “continuing to gather
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`data and store data to the memories … so long as the value of the vital sign
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`parameter exceeds a critical value,” and, in the event of a crash event, the
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`specification recognizes that “all data that is collected during a crash event may be
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`useful in diagnosing the cause,” and, thus, “data would continue to be transferred
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`to the memory … until the vehicle cam [sic, came] to a standstill (i.e., the data
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`from the accelerometer … goes to zero).” Ex. 1001, col. 25, ll. 15-30. By
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`continuing to gather data during the crash event following detection of a collision,
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`important information relating to, inter alia, the severity of the collision, can be
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`acquired.
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`32. Claims 1-3, 5-8, 18-20 and 22-25 of the ‘917 Patent are at issue in these
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`inter partes review proceedings. See Feb. 4, 2014 Decision (Paper 9), at 20.
`33. Claims 1 and 18 recite in similar format a number of steps which
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`compromise a method for “recording operation of a vehicle,” including the step of
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`“automatically sending a wireless distress signal in response to detecting [a]
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`collision….”
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`34. The claims at issue here all require, inter alia, monitoring at least three
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`production-related parameters (i.e., at least ground speed, throttle position and at
`12
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`OWNER Ex. 2057, page 12
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`least one type of brake status) and at least one vital sign parameter (i.e., at least
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`change-in-velocity-related information).
`35. Claims 1 and 18 differ to the extent that claim 1 includes a limitation
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`requiring monitoring “production-related parameters of the vehicle, including … a
`degree of braking by the vehicle” whereas claim 18 includes a limitation requiring
`monitoring “production-related parameters of the vehicle, including … an on/off
`status of a braking system of the vehicle.”
`36. Claims 1 and 18 both require “monitoring vital sign parameters of the
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`vehicle, including information indicative of a change in velocity of the vehicle”
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`and further require “detecting a collision of the vehicle in response to a sudden
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`change in velocity of the vehicle.”
`37.
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`In accordance with the methods recited by both claims 1 and 18, three
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`actions are required in reference to detection of a collision: (1) “automatically
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`sending a wireless distress signal in response to detecting [a] collision”; (2)
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`“capturing the production-related parameters of the vehicle before detection of the
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`collision”; and (3) “capturing … the vital sign parameters after detection of the
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`collision.”
`38.
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`I note that the collection of pre-collision-detection data required by claims 1
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`and 18 has a number of benefits. For example, the pre-collision production-related
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`data may be used for purposes of accident reconstruction, driver behavior,
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`culpability assessment, analysis of component and system diagnostic information
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`and vehicle system and component parameters for evaluation of system and
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`component performance and also for potential determination of component and
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`OWNER Ex. 2057, page 13
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`system design and/or manufacturing defects which may or may not be related to
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`the cause of the accident. Further, data such as pre-collision ground speed and
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`whether the driver engaged the brake may be informative on the issue of driver
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`culpability. Data such as vehicle critical parameters related to component and
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`system diagnostic information can provide information related to design or
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`manufacturing defects and can be used to inform the public and/or recall and repair
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`vehicles that may pose a potential safety risk.
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`39. As for data capture after detection of a collision as required by the claims, as
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`noted, the capture of vital sign parameters after detection of a collision, including
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`data related to the change in the velocity of the vehicle, provides a measure of the
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`severity of the collision, and the potential assessment of occupant injury based on
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`collision severity. Generally, a collision in which the change in velocity occurs
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`over a shorter time period is more severe than a collision in which the same change
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`in velocity occurs over a longer time period. In addition, once a vehicle crash is
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`detected, the retention of data related to a change in the velocity of the vehicle is
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`useful in understanding automotive safety system performance, and provides real
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`world feed-back for assessment of vehicle safety system performance and the
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`potential improvements of current and future automotive safety system designs.
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`While claims 1 and 18 do not expressly require the transmission of data indicating
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`the severity of a collision, in my opinion, the claims inherently enable the benefit
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`that would be obtained by transmitting collision severity information such that first
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`responders and other medical personnel would have a more complete set of
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`information in order to enhance the quality of an emergency response.
`14
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`OWNER Ex. 2057, page 14
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`40. Claims 2, 3 and 5-8 all depend from claim 1, and I understand that those
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`dependent claims incorporate all limitations recited by claim 1. For example,
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`claim 6 recites “[t]he method of claim 1 wherein the production-related parameters
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`include an on/off status of a braking system of the vehicle.” Accordingly, claim 6
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`requires, inter alia, monitoring both “a degree of braking of the vehicle” and “an
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`on/off status of a braking a system.”
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`41. Claims 19, 20 and 22-25 all depend from claim 18. Similar to claim 6, claim
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`23 requires monitoring both “an on/off status of a braking system” and “a degree
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`of braking of the braking system.”
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`Level of Ordinary Skill and the Relevant Art
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`42. Mr. McNamara appears to contend that the patentability of the inventions
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`claimed by the ‘917 Patent should be evaluated from the perspective of a person
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`having ordinary skill in the art of “automotive electronics.” (McNamara Decl. at ¶
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`16). In my opinion, the field of “automotive electronics” is an overly broad
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`characterization of the field of endeavor of the claimed inventions, such that it is
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`unlikely that a given person could have “ordinary skill” in every facet of
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`automotive electronics. It is further my opinion that the field of endeavor of the
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`claimed inventions relates more specifically to processing vehicle dynamics data
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`and critical important information pertinent to accident events and taking actions in
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`response to the detection of circumstances indicating a collision (e.g., storing data
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`for later retrieval and automatically transmitting information that the vehicle has
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`been involved in a collision as well as the real-time monitoring of, continuous
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`15
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`OWNER Ex. 2057, page 15
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`collection of, and permanent storage of critical vehicle parameter information
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`relating to the crash event).
`43. The broad field of automotive electronics embraces a wide array of distinct
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`sub-disciplines and can refer to virtually any electronic component or system of an
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`automobile, including, but not limited to:
`a.
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`Engine control units, which, inter alia, include control systems for
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`air/fuel ratio, ignition timing, idle speed, valve timing (combustion chamber
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`intake and exhaust), engine cooling system, fuel injection and lubrication;
`b.
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`Transmission electronics;
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`c.
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`Chassis electronics, which include, inter alia, anti-lock braking
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`systems, traction control systems, brake distribution systems and brake
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`stability control, rollover prevention and electronic stability control;
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`d.
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`Safety electronics, which include, inter alia, front and side impact
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`sensing, detection and discrimination, as well as roll-over sensing, detection
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`and discrimination, air bag, seat belt load variable load limiting, seat belt
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`pretensioning and
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`tensioning,
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`inflatable curtain deployment systems,
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`occupant sensing, child and infant seat sensing, and occupant position and
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`occupant out-of-position sensing systems, emergency brake assist, collision
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`avoidance systems and automatic collision notification systems;
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`e.
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`Electronic driver assistance systems, which include, inter alia, cruise
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`control, lane assist, blind spot detection and parking assistance systems;
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`f.
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`Electronic passenger comfort systems, which include, inter alia,
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`climate control;
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`16
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`OWNER Ex. 2057, page 16
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`g.
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`Electronic “infotainment systems,” which
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`include,
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`inter alia,
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`navigation and multimedia systems;
`h.
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`Electronic module diagnostic and parameter recording systems;
`
`i.
`
`Electronic vehicular system architectures and data communication
`
`interfaces;
`j.
`
`Safety system algorithm development and strategy;
`
`k.
`
`System diagnostics, fault code detection, and warnings; and
`
`l.
`Electronic event data recording systems.
`44. The field of automotive electronics is one having within it a fairly broad
`
`array of sub-specializations. For example, a person having ordinary skill in the art
`
`of infotainment systems is not necessarily going to have ordinary skill in the art of
`
`safety system development and design and event data recording systems.
`
`45.
`
`In my opinion, a person having ordinary skill in the art pertinent to the
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`claimed inventions, namely, monitoring and processing vehicle dynamics and
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`acceleration/deceleration data pertinent to the determination and discrimination of
`
`accident events and taking actions in response to the detection of circumstances
`
`indicating a collision (e.g., discrimination of a crash event, storing of critical
`
`parameter data for later retrieval, and automatically transmitting information
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`indicating that the vehicle has been involved in a collision), would have had
`
`experience in the testing, design and development of automotive crash sensing
`
`related to vehicular front impacts, side impacts, and rollovers, as well as the
`
`algorithm and strategy development for proper discrimination of collision events
`
`and their relationship to the mitigation of occupant injury risk to ensure that,
`17
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`
`
`OWNER Ex. 2057, page 17
`
`
`
`
`
`overall, the collision detection and notification vehicular safety systems provide
`
`substantial societal benefits, mitigate risks, and do not do more harm than good.
`
`Overview of the Asserted References
`
`Aoyanagi
`
`46. Aoyanagi purports to disclose “an apparatus that records data of vehicle
`
`running conditions without causing data corruption.” Ex. 1003, p. 70, col. 2.
`
`Aoyanagi teaches the collection of data until some unspecified period of time
`
`following its determination that a “crash accident has occurred.” Id. at p. 72, col.
`
`2. The apparent purpose of Aoyanagi is the storage of data to facilitate the
`
`investigation of certain kinds of accidents.
`
`47. Aoyanagi discloses a variety of sensors. See, e.g., Ex. 1003, p. 71, col. 1-2.
`
`Among other things, Aoyanagi discloses monitoring data based on four wheel
`
`speeds sensors 14, an acceleration sensor 18, an engine speed sensor 20 which
`
`monitors engine ignition timing pulse signals, a rotation angle sensor 24 which
`
`monitors the butterfly position of an intake manifold, a hydraulic pressure sensor
`
`26 which monitors the hydraulic pressure in cylinder brake 32, a gear position
`
`sensor 34, a steering angle sensor 40, a headlight switch, a turn signal switch, a
`
`sensor for detecting the locked/unlocked or half shut state of doors, a seat belt
`
`fastened sensor and possibly additional sensors for monitoring unspecified
`
`supplemental information.
`48. Aoyanagi also describes data relating to “impact force and direction”
`
`detected by means of an acceleration sensor. Ex. 1003, p. 71, col. 2 – p. 72, col. 1.
`
`Aoyanagi also describes that, as an alternative to the acceleration sensor, “the
`18
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`
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`OWNER Ex. 2057, page 18
`
`
`
`
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`vehicle acceleration and deceleration can be indirectly calculated from the engine
`
`speed, the accelerator pedal position, the gear position used and the tire rotation
`
`speed etc.…” Id., p. 71, col. 2.
`
`49. While Aoyanagi teaches that a wide variety of data may be collected, the
`
`reference also clearly states that “the data described … are not always necessary
`
`but just illustrative.” Ex. 1003, p. 71, col. 1.
`
`50.
`
`Indeed, leading up to the time of the inventions claimed by the ‘917 Patent
`
`(i.e., February 15, 1994), in theory, there was no discernible limit on the types of
`
`vehicular data that could be monitored. However, in practice, it was necessary to
`
`exercise judgment in assessing, inter alia, whether sensing a given parameter was
`
`justified in view of expense, weight, added complexity, etc.
`51. During normal operations, Aoyanagi’s “recording apparatus can
`
`continuously store the latest running information for a total time period of [as
`
`many as] a little over three minutes. Ex. 1003, p. 72, col. 1. “The recording
`
`apparatus 12 is constituted to capture respective data that are input from respective
`
`sensors, for example, about every 0.1 seconds … and to sequentially delete old
`
`data when the capacity of memory is full so as to take in the latest data, in other
`
`words, to update data.” Id. “When data updating has to be stopped due to an
`
`accident … the recording apparatus 12 stops the data update and preserves the data
`
`recorded based on predetermined stop conditions and stop time period.” Id. at p.
`
`72, col. 1 – col. 2.
`
`
`
`19
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`OWNER Ex. 2057, page 19
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`
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`52. Aoyanagi discloses a process for judging whether “a crash accident has
`
`occurred.” Ex. 1003, p. 72, col. 2. Aoyanagi explains its method by reference to
`
`Figure 6, which depicts a six-step flowchart.
`
`53.
`
`In step 1, “[d]ata from respective sensors as described in Fig. 1 to Fig. 3 are
`
`i
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