NO: 419451US
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`TOYOTA MOTOR CORP.,
`
`Petitioner,
`
`V.
`
`LEROY G. HAGENBUCH,
`Patent Owner.
`
`
`Case IPR2013-
`
`Patent US. 8,014,917
`
`
`PETITION FOR INTER PARTES REVIEW OF US. PATENT NO. 8,014,917
`
`UNDER 35 U.S.C. § 312 AND 37 C.F.R. § 42.104
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US Patent and Trademark Office
`
`PO Box 1450
`
`Alexandria, Virginia 223 13-1450
`
`OWNER EX. 2037, page 1
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`TABLE OF CONTENTS
`
`Egg
`
`I.
`
`MANDATORY NOTICES ............................................................................. 1
`
`II.
`
`CERTIFICATION OF GROUNDS FOR STANDING .................................. 2
`
`III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED .................... 2
`
`A.
`
`Prior Art Patents and Printed Publications ............................................ 2
`
`B.
`
`Grounds for Challenge .......................................................................... 3
`
`IV. OVERVIEW OF THE ‘917 PATENT ............................................................ 4
`
`V.
`
`CLAIM CONSTRUCTION ............................................................................ 5
`
`VI.
`
`LEVEL OF ORDINARY SKILL IN THE ART ............................................. 7
`
`VII.
`
`IDENTIFICATION OF HOW THE CHALLENGED CLAIMS
`
`ARE UNPATENTABLE ................................................................................. 7
`
`A.
`
`Claims 1—3, 5—8, 18—20, and 22—25 are Obvious Over
`Aoyanagi and Oishi Under 35 U.S.C. § 103(a) ..................................... 8
`
`1. Claims 1—3 and 5—8 ............................................................................... 8
`
`2. Claims 18—20 and 22—25 ..................................................................... 17
`
`B.
`
`Claims 1—3, 5— 8, 18—20, and 22—25 are Obvious Over
`Aoyanagi and Vollmer Under 35 U.S.C. § 103(a) .............................. 26
`
`1. Claims 1—3 and 5—8 ............................................................................. 26
`
`2. Claims 18—20 and 22—25 ..................................................................... 33
`
`VIII. CONCLUSION .............................................................................................. 40
`
`OWNER EX. 2037, page 2
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`
`Cases
`
`TABLE OF AUTHORITIES
`
`Egg
`
`In re GPAC Inc,
`57 F.3d 1573 (Fed. Cir. 1995) ................................................................... 7
`
`
`Statutes
`
`35 U.S.C. § 102(b) ........................................................................................... 2, 3
`
`35 U.S.C. § 103(a) ...................................................................................... passim
`
`35 U.S.C. § 314(a) ............................................................................................... 3
`
`
`Rules
`
`37 C.F.R. § 42.8 ................................................................................................... 1
`
`37 CPR. § 42.22 ................................................................................................. 2
`
`37 CPR. § 42.100 .............................................................................................. 5
`
`37 CPR. § 42.104 .......................................................................................... 2, 7
`
`ii
`
`OWNER EX. 2037, page 3
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`Pursuant to 35 U.S.C. §§ 311—319 and 37 C.F.R. § 42, real party-in-interest,
`
`Toyota Motor Corporation (“Toyota” or “Petitioner”) respectfully requests inter
`
`partes review of claims 1—3, 5—8, 18—20, and 22—25 of US. Patent No. 8,014,917
`
`(“the ‘917 patent”), filed on March 19, 2010, and issued on September 6, 2011, to
`
`LeRoy G. Hagenbuch.
`
`I.
`
`MANDATORY NOTICES
`
`Pursuant to 37 C.F.R. § 42.8, Toyota provides the following mandatory
`
`disclosures.
`
`Real Parties-in—Interest: Toyota Motor Corporation is the real party-in-
`
`interest.
`
`Related Matters: Currently no litigation matters would affect or be affected
`
`by a decision in this proceeding. The following US. patents and applications
`
`claim the benefit of the priority of the filing date of the ‘917 patent: US. Patent
`
`No. 8,457,833; US. Patent No. 8,442,715; US. Patent Application No.
`
`13/864,090; and US. Patent Application No. 13/864,097.
`
`
`Counsel: Lead Counsel: Robert C. Mattson (Registration No. 42,850)
`
`Backup Counsel: John S. Kern (Registration No. 42,719) and Thomas C.
`
`Yebernetsky (Registration No. 70,418).
`
`Service Information: Email: CPdocketMattson@oblon.com
`
`Post: Oblon Spivak, 1940 Duke St., Alexandria, VA 22314
`
`OWNER EX. 2037, page 4
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`Telephone: 703-412-6466
`
`Facsimile: 703-413-2220
`
`II.
`
`CERTIFICATION OF GROUNDS FOR STANDING
`
`Petitioner certifies pursuant to Rule 42.104(a) that the patent for which
`
`review is sought is available for inter partes review and that Petitioner is not
`
`barred or estopped from requesting an inter partes review challenging the patent
`
`claims on the grounds identified in this Petition.
`
`III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED
`
`Pursuant to Rules 42.22(a)(1) and 42.104 (b)(1)—(2), Petitioner challenges
`
`claims 1—3, 5—8, 18—20, and 22—25 of the ‘917 patent.
`
`The ‘917 patent claims priority back through several applications, the
`
`earliest of which is Application No. 08/196,480, which was filed on Feb. 15, 1994
`
`(“the priority date”), now abandoned.
`
`(EX. 1001, the ‘917 patent.)
`
`A.
`
`Prior Art Patents and Printed Publications
`
`Petitioner relies upon the following patents and printed publications, none of
`
`which was considered during the original prosecution of the ‘91 7 patent:
`
`Exhibit 1002 — Japanese Patent Publication No. H03-085412 (“Aoyanagi”),
`
`published April 10, 1991 and available as prior art under 35 U.S.C. § 102(b).
`
`Exhibit 1003 — Certified Translation of Aoyanagi. Citations to Aoyanagi are
`
`made to the certified translation in the following format: <original
`
`page:column:line>.
`
`OWNER EX. 2037, page 5
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`Exhibit 1004 — Japanese Patent Publication No. 858-16399 (“Oishi”),
`
`published January 31, 1983 and available as prior art under 35 U.S.C. § 102(b).
`
`Exhibit 1005 — Certified Translation of Oishi. Citations to Oishi are made to
`
`the certified translation in the following format: <original page:column:line>.
`
`Exhibit 1006 — International Patent Publication No. WO 90/03 899
`
`(“Vollmer”), published April 19, 1990 and available as prior art under 35 U.S.C. §
`
`102(b).
`
`Exhibit 1007 — Certified Translation of Vollmer. Citations to Vollmer are
`
`made to the certified translation in the following format: <original page:line>.
`
`B. Grounds for Challenge
`
`Petitioner requests cancellation of the challenged claims under the following
`
`statutory grounds:
`
`A. Claims 1—3, 5—8, 18—20, and 22—25 are unpatentable under 35 U.S.C. §
`
`103(a) as obvious over Aoyanagi (Ex. 1002) in view of Oishi (Ex. 1004).
`
`B. Claims 1—3, 5—8, 18—20, and 22—25 are unpatentable under 35 U.S.C. §
`
`103(a) as obvious over Aoyanagi (Ex. 1002) in view of Vollmer (Ex.
`
`1006).
`
`Section VII below demonstrates, for each of the statutory grounds, that there
`
`is a reasonable likelihood that Petitioner will prevail. See 35 U.S.C. § 314(a).
`
`OWNER Ex. 2037, page 6
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`Additional explanation and support for each ground of rejection is set forth in the
`
`Expert Declaration of David McNamara (Exhibit 1008).
`
`IV. OVERVIEW OF THE ‘917 PATENT
`
`The ‘917 patent relates generally to a method of recording data from a
`
`vehicle before and after detecting a collision. (Ex. 1001, 1:21—25, 3 :17—22.) The
`
`method includes: monitoring production-related and vital sign parameters,
`
`detecting a collision, automatically sending a wireless distress signal in response to
`
`a collision, capturing pre-collision production-related parameters, and capturing
`
`post-collision vital sign parameters.
`
`(Id. at 6:23—27, 7:31—41, 7:52—56, 25:15—30.)
`
`Both production-related and vital sign parameters are monitored using “well
`
`known sensors that [are] commercially available.” (Id. at 6:59—63.) One such
`
`sensor is “crash sensor accelerometer 73L” shown in Figure 1C.1 The system of
`
`the ‘91 7 patent uses accelerometer 73L to detect whether a collision has occurred.
`
`(Id. at 11:59—60.)
`
`The system of the ‘917 patent captures production-related parameters and
`
`vital sign parameters during operation of the vehicle. Specifically, at intervals
`
`1 The word accelerometer appears to be misspelled as “accelermeter” in Figure 1C
`
`of the ‘917 patent. For the purpose of this Petition, Petitioner will presume the
`
`correct spelling.
`
`OWNER Ex. 2037, page 7
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`determined by a sampling cycle, production-related parameters are stored in
`
`memory 83.
`
`(Id. at 7:45—52.) Additionally, vital sign parameters are captured in
`
`diagnostic memory 87 if their values are higher or lower than the historical ten
`
`highest or lowest readings. (Id. at 8: 1—10.)
`
`If crash sensor 73L detects a collision, production-related and vital sign
`
`parameters are transferred to diagnostic memories 85 and 89. The historical
`
`production-related parameters stored in memory 83 are transferred to diagnostic
`
`memory 85.
`
`(Id. at 7: 57—60, 11:50—63.) The identity of the crash sensor 73L, the
`
`value of crash sensor 73L’s data, and a chronology of some or all of the
`
`production-related parameters stored in memory 83 are recorded into diagnostic
`
`memory 89.
`
`(Id. at 7:60—66.)
`
`The system continues gathering and storing data following a collision until
`
`the value of the crash sensor 73L drops below a certain threshold value.
`
`(Id. at
`
`25: 15—30.) In this manner, the system of the ‘917 patent gathers and stores data
`
`into diagnostic memories 85 and 89 after a collision.
`
`V.
`
`CLAIM CONSTRUCTION
`
`The claim terms are presumed to take on their ordinary and customary
`
`meaning. This Petition shows that the challenged claims of the ‘917 patent are
`
`unpatentable when the challenged claims are given their broadest reasonable
`
`interpretation in light of the specification. See 37 C.F.R. § 42.100(b).
`
`OWNER EX. 2037, page 8
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`Monitoring Production-Related Parameters: Under its broadest
`
`reasonable interpretation in light of the specification, this term refers to sampling
`
`data from sensors that provide indicia of the work done by a vehicle. The
`
`specification of the ‘917 patent is consistent with 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,
`
`1:41—43, 2:63—66, 6:25—42, 7:42—49.)
`
`Monitoring Vital Sign Parameters: Under its broadest reasonable
`
`interpretation in light of the specification, this term refers to sampling data from
`
`sensors indicative of the state of health of the vehicle. The specification of the
`
`‘917 patent is consistent with this construction because 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 1:29—40, 6:22—25, 6:43—5 8, 7:42—45,
`
`7:52—54, 8:3—6).
`
`OWNER EX. 2037, page 9
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`VI. LEVEL OF ORDINARY SKILL IN THE ART
`
`The level of ordinary skill in the art is evidenced by the references. See
`
`In re GPACInc., 57 F.3d 1573, 1579 (Fed. Cir. 1995) (determining that the Board
`
`did not err in adopting the approach that the level of skill in the art was best
`
`determined by the references of record). The ‘917 patent admits that, by the
`
`priority date of the ‘91 7 patent, “it has become increasingly common for heavy-
`
`duty vehicles
`
`to include a plurality of sensors
`
`for the purpose of monitoring
`
`certain important performance and vital sign parameters.” (EX. 1001, 6:61—65.)
`
`Further, the vital sign and production-related sensors described in the ‘917 patent
`
`were well-known and commercially available.
`
`(Id. at 5:59—63.) 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 others of those conditions.
`
`(101.; see also EX. 1008, 1111 18—
`
`20.)
`
`VII.
`
`IDENTIFICATION OF HOW THE CHALLENGED CLAIMS ARE
`
`UNPATENTABLE
`
`Pursuant to Rule 42.104(b)(4)—(5), this section demonstrates that the
`
`challenged claims are unpatentable.
`
`OWNER EX. 2037, page 10
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`A. Claims 1—3, 5—8, 18—20, and 22—25 are Obvious Over Aoyanagi
`and Oishi Under 35 U.S.C. § 103(a)
`
`1. Claims 1—3 and 5—8
`
`Claims l—3 and 5—8 of the ‘917 patent are unpatentable because it would
`
`have been obvious to a person of ordinary skill in the art to add an automatic
`
`distress signal to Aoyanagi’s vehicular system for recording running conditions.
`
`Aoyanagi is directed to “a recording apparatus for vehicle running conditions
`
`that records running data at the time when the vehicle has received shocks due to
`
`an accident or the like, while protecting those data.” (EX. 1003, 70:2:3—8.) Oishi
`
`is similarly directed to an apparatus installed on a vehicle in the case of collisions.
`
`(EX. 1005, 634: 1:1—6.) Specifically, Oishi is directed to “an apparatus which can
`
`automatically notify [authorities of] an automobile accident after obtaining the
`
`impact force of the accident based upon an impulse which can be measured by a
`
`change of kinetic momentum.” (Id) Thus, both Oishi and Aoyanagi are directed
`
`to the same field of endeavor.
`
`(EX. 1008, 1111 44, 87.)
`
`Aoyanagi teaches that “[t]he recording apparatus uses sensors to record data
`
`of the running conditions of the vehicle. . ..” (EX. 1003, 71:1:6—7.) Those
`
`conditions include “vehicle speed” (id. at 71:1:65), “acceleration pedal position”
`
`(id. at 71:2: 18—27, describing a sensor to determine the position of a butterfly valve
`
`on the intake manifold of the vehicle), “brake pedal position” (id. at 71:2:28),
`
`OWNER EX. 2037, page 11
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`“engine speed” (id. at 71:2: 12), “steering wheel position (rotation angle)” (id. at
`
`71:2:45), and “seat belt fastened/unfastened state” (id. at 71:2:62).
`
`Aoyanagi monitors the braking system by “detecting the hydraulic pressure
`
`of a hydraulic pressure cylinder brake 32 by a hydraulic pressure sensor 28
`
`provided at the hydraulic pressure cylinder brake 32 activated by a brake 30.” (Id.
`
`at 71:2:28—35.) A person of ordinary skill in the art would have known that the
`
`system taught in Aoyanagi detects whether the braking system is “off” (116., no
`
`hydraulic pressure is being applied to the hydraulic pressure cylinder brake 32) or
`
`“on” (116., hydraulic pressure is being applied to the hydraulic pressure cylinder
`
`brake 32).
`
`(EX. 1008, ll 35, 67.) Additionally, a person of ordinary skill in the art
`
`would have known that the system taught in Aoyanagi detects “degrees” of braking
`
`(z'.e., incremental levels of hydraulic pressure being applied to the hydraulic
`
`pressure cylinder brake 32 between no pressure and full pressure).
`
`(EX. 1008, 1111
`
`36, 71.)
`
`Aoyanagi’s system also monitors “vehicle acceleration and deceleration.”
`
`(EX. 1003, 71:2:3.) Aoyanagi’s system monitors acceleration using acceleration
`
`sensor 18. (Id. at 71:2:3—6.) Additionally, Aoyanagi teaches monitoring vehicle
`
`speed at fixed 0.1-second intervals to determine if “vehicle speed becomes zero in
`
`a short time.” (Id. at 72:1 :9—12, 72:2:21—23.) Aoyanagi’s system monitors
`
`acceleration/deceleration to detect collisions by sensing sudden deceleration. (Id.)
`
`OWNER EX. 2037, page 12
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`As noted above, Aoyanagi discloses recording production-related and vital
`
`sign parameters prior to the collision. (Id. at 71:1:47—72: l :3.) Aoyanagi’s system
`
`continues to record both production-related and vital sign parameters after a
`
`collision: “when an accident occurs, the recording apparatus can keep recording for
`
`a specific period of time after receiving shocks and the like.” (Id. at 72:1 :33—36.)
`
`Aoyanagi anticipates the ability to incorporate a variety of sensors and the
`
`capability of vehicles to provide a wide variety of data (e.g., production-related
`
`parameters and vital sign parameters) as described: “Most of vehicles today have
`
`on—board microcomputers that control running of vehicles using respective sensors
`
`and data from these sensors... In the future, it is conceivable that, with
`
`advancement of navigation systems, enhanced bidirectional data transmissions, and
`
`memory devices, more sophisticated and active system to prevent accidents will be
`
`created.” (Id. at 71:1:9—35.)
`
`Oishi describes “an apparatus which can automatically notify an automobile
`
`accident after obtaining the impact force of the accident. . ..” (EX. 1005, 634: l :3—
`
`5.) Further, Oishi teaches that the wireless distress signal is sent using “radio
`
`transmitter 12.” (Id. at 634:1:43—45.)
`
`It would have been apparent to a person of ordinary skill in the art, at the
`
`time of the ‘917 patent’s priority date, to combine the automatic distress signal
`
`feature of Oishi with the recording apparatus of Aoyanagi for several reasons. (Ex.
`
`10
`
`OWNER EX. 2037, page 13
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`1008, 1111 43—47.) For example, Oishi teaches that automatically sending a distress
`
`signal upon detection of an accident facilitates the handling of the accident and the
`
`treatment of injured persons.
`
`(EX. 1005, 633:2:25—27.) Specifically, in accidents
`
`with no witnesses and unconscious victims where the accident may not be
`
`discovered for hours or days, Oishi teaches that an automatically generated distress
`
`signal may provide significant improvements in emergency response times. (Id. at
`
`633:2:20—25.) Additionally, Oishi teaches that automatic sending of a distress
`
`signal can be used to inform other vehicles of an accident and thereby reduce
`
`traffic jams.
`
`(Id. at 633:2:27—29.) Accordingly, a person of ordinary skill in the
`
`art would have been motivated to modify the system of Aoyanagi to automatically
`
`send a wireless distress signal in response to a collision event.
`
`The following claim charts demonstrate on an element-by-element basis how
`
`Aoyanagi and Oishi teach the subject matter encompassed by claims 1—3 and 5—8
`
`of the ‘91 7 patent:
`
`‘917 Patent —
`Claim 1
`
`Aoyanagi (EX. 1003) in View of Oishi (EX. 1005)
`
`used to judge the circumstances of the accident”).
`
`A method for recording E. g, EX. 1003, 70:2:42—45 (“Therefore, the object of the
`operation of a vehicle,
`present invention, in response to the needs described
`the method comprising:
`above, is to provide an apparatus that records data of
`vehicle running conditions without data corruotion.” .
`
`monitoring production- E. g, EX. 1003, 71:1:6—9 (“The recording apparatus uses
`related parameters of
`sensors to record data of the running conditions of the
`the vehicle,
`vehicle from these sensors, and the recorded data are
`
`ll
`
`OWNER EX. 2037, page 14
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`‘917 Patent —
`Claim 1
`
`Aoyanagi (EX. 1003) in View of Oishi (EX. 1005)
`
`including a ground
`speed of the vehicle,
`
`a position of a throttle
`for an engine of the
`vehicle and
`
`a degree ofbraking of
`the vehicle;
`
`
`
`E. g., EX. 1003, 71:1:54—71:2:2 (“The vehicle wheel
`speed sensors 14 preferably utilize an optical type speed
`indicator to calculate the running distance based on the
`wheel rotation speed. However, for these vehicle wheel
`sensors, (odometers) are equipped with all vehicles as
`separate from the running distance measurement method.
`.. (4) Vehicle Speed [-]The abovementioned odometer is
`utilized to detect the vehicle speed. However, those
`odometers are currently equipped with all vehicles, so
`that soecific sensors are not reuired.” .
`
`E. g., EX. 1003, 71:2:18—27 (“(7) Accelerator Pedal
`Position [-] As shown in Fig. 2, the accelerator pedal
`position is determined 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. However, in many
`vehicles that have a recent electric ignition timing
`system, a sensor to detect the accelerator pedal position
`
`E..,g EX. 1003, 71:2:28—35 (“(8) Brake Pedal Position [-]
`As shown1n Fig. 3, the brake pedal position is calculated
`from 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. Many of recent vehicle types are
`equipped with such a hydraulic pressure sensor”).
`
`12
`
`OWNER EX. 2037, page 15
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`‘917 Patent —
`Claim 1
`
`Aoyanagi (EX. 1003) in View of Oishi (EX. 1005)
`
`monitoring vital sign
`parameters of the
`vehicle, including
`information indicative
`of a change in the
`velocity of the vehicle;
`
`detecting a collision of
`the vehicle in response
`to a sudden change in
`the velocity of the
`vehicle;
`
`
`
`E. g, EX. 1003, 71:1:6—9 (“The recording apparatus uses
`sensors to record data of the running conditions of the
`vehicle from these sensors, and the recorded data are
`used to judge the circumstances of the accident”);
`
`id. at 71:2:3—6 (“(5) Vehicle Acceleration and
`Deceleration H An acceleration sensor 18 is equipped
`under the driver seat. For the acceleration sensor 18, it is
`preferable to use one that utilizes piezoelectric
`elements”);
`
`id. at 71:2:65—72: l :2 (“(15) Impact Force and Direction
`[-] At least one acceleration sensor 18 is mounted on an
`arbitrary and appropriate position in a vehicle, whereby
`the acceleration sensor detects the impact force and its
`direction”).
`E. g, EX. 1003, 72:2:21—23 (“[W]hen a shock occurs and
`then the vehicle speed becomes zero in a short time, it is
`judged that a crash accident has occurred”);
`
`id. at 71:2:65—72: l :2 (“(15) Impact Force and Direction
`[-] At least one acceleration sensor 18 is mounted on an
`arbitrary and appropriate position in a vehicle, whereby
`the acceleration sensor detects the impact force and its
`direction”).
`
`l3
`
`OWNER EX. 2037, page 16
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`‘917 Patent —
`Claim 1
`
`Aoyanagi (EX. 1003) in View of Oishi (EX. 1005)
`
`
`
`automatically sending a E. g, EX. 1005, 634:1 :2—6 (“[I]t is an object of the present
`wireless distress signal
`invention to provide an apparatus which can
`from the vehicle in
`automatically notify an automobile accident after
`response to detecting
`obtaining the impact force of the accident based upon an
`the collision; and
`impulse which can be measured by a change of kinetic
`momentum”);
`
`id. at 634: 1:40—45 (“When the arithmetic calculation part
`detects an automobile accident, an output of the
`arithmetic calculation part is given to a radio transmitter
`12 via the bus line 8. The radio transmitter 12 generates
`a signal based on the input signal and sends an accident
`detection signal to a nearby signal receiving facility”).
`
`14
`
`OWNER EX. 2037, page 17
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`‘917 Patent —
`Claim 1
`
`Aoyanagi (EX. 1003) in View of Oishi (EX. 1005)
`
`capturing the
`production-related
`parameters of the
`vehicle before
`detection of the
`collision and the vital
`
`sign parameters after
`detection of the
`collision.
`
`E. g, EX. 1003, 71:1:6—9 (“The recording apparatus uses
`sensors to record data of the running conditions of the
`vehicle [(production—related)] from these sensors, and the
`recorded data are used to judge the circumstances of the
`accident [(vital sign)].”);
`
`id. at 71:1:50—7 1 265 (“Running Distance
`[(production)],. . .Vehicle Speed [(production)],. . .Vehicle
`Acceleration and Deceleration [(vital sign)],. . .Engine
`Speed [(production)],. . .Accelerator Pedal Position
`[(production)],. . .Brake Pedal Position
`[(production)],. . .Impact Force and Direction [(vital
`sign)]....”);
`
`id. at 72:1 :6—36 (“A recording apparatus 12 preferably
`includes a single-chip microcomputer 42 that is integrally
`created with a CPU, an A/D converter, and a memory
`and a backup power supply 44. . .. [W]hen utilizing a
`memory with a capacity of about 64 kilobytes and when
`recording respective vehicle running data every 0.1 to 0.2
`seconds, 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. It can be
`
`constituted so that, when an accident occurs, the
`recording apparatus can keep recording for a specific
`period of time after receiving shocks and the like.”).
`
`
`
`‘917 Patent —
`Claim 2
`
`The method of claim 1
`wherein the
`production-related
`parameters include an
`RPM of the engine.
`
`Aoyanagi (EX. 1003) in View of Oishi (EX. 1005)
`
`E. g., EX. 1003, 71:2:12—17 (“(6) Engine Speed H The
`engine speed is calculated from engine ignition timing
`pulse signals from an engine speed sensor 20 provided
`for an engine 22 and since such a sensor is currently
`equipped with most vehicles, a specific sensor is not
`required”).
`
`15
`
`OWNER EX. 2037, page 18
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`‘917 Patent —
`Claim 3
`
`Aoyanagi (EX. 1003) in View of Oishi (EX. 1005)
`
`The method of claim 1
`wherein the
`production-related
`parameters include
`actions of a steering
`wheel.
`
`E. g, EX. 1003, 71:2:45—50 (“(10) Steering Wheel
`Position (Rotation Angle) H The steering wheel position
`is detected by attaching a steering angle sensor 40 (an
`angle gauge) to an axis 38 of a steering wheel 36.
`However, some recent vehicle types are equipped with
`such a steering wheel position sensor”).
`
`‘917 Patent —
`Claim 5
`
`The method of claim 1
`wherein the vital sign
`parameters includes an
`acceleration of the
`vehicle.
`
`Aoyanagi (EX. 1003) in View of Oishi (EX. 1005)
`
`E. g, EX. 1003, 71:23—11 (“(5) Vehicle Acceleration and
`Deceleration H An acceleration sensor 18 is equipped
`under the driver seat. For the acceleration sensor 18, it is
`preferable to use one that utilizes piezoelectric elements.
`However, the vehicle acceleration and deceleration can
`be indirectly calculated from the engine speed, the
`accelerator pedal position, the brake pedal position, the
`gear position used and the tire rotation speed etc., as
`described below”).
`
`
`
`‘917 Patent —
`Claim 6
`
`Aoyanagi (EX. 1003) in View of Oishi (EX. 1005)
`
`The method of claim 1
`wherein the
`production-related
`parameters include an
`on/off status of a
`braking system of the
`vehicle.
`
`E. g, EX. 1003, 71:2:28—35 (“(8) Brake Pedal Position [-]
`As shown in Fig. 3, the brake pedal position is calculated
`from 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. Many of recent vehicle types are
`ennui oed with such a h draulic oressure sensor.” .
`
`‘917 Patent —
`Claim 7
`
`The method of claim 1
`wherein the
`production-related
`parameters include a
`status of a seat belt.
`
`Aoyanagi (EX. 1003) in View of Oishi (EX. 1005)
`
`E.g., EX. 1003, 71:2:62—64 (“(14) Seat Belt
`Fastened/Unfastened State H A seat belt fastened sensor
`(simply a switch) is mounted on seat belt fasteners”).
`
`16
`
`OWNER EX. 2037, page 19
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`‘917 Patent —
`Claim 8
`
`The method of claim 1
`wherein the
`information indicative
`of the change in
`velocity is a sequence
`of speed measurements
`taken at known time
`intervals.
`
`Aoyanagi (EX. 1003) in View of Oishi (EX. 1005)
`
`E. g, EX. 1003, 71:2:7—10 (“[T]he vehicle acceleration
`and deceleration can be indirectly calculated from the
`engine speed, the accelerator pedal position, the brake
`pedal position, the gear position used and the tire rotation
`speed etc. . ..”);
`
`
`
`id. at 72:1 :9—12 (“When utilizing a 64-kilobyte C-MOS
`SRAM as a memory and recording the above mentioned
`items[, which includes ‘vehicle speed,’] at an interval of
`0.1 seconds, a recording time of a little over 3 minutes
`becomes possible.”);
`
`id. at 72:2: 19—23 (“Based on the data obtained like this,
`input stop conditions and input stop time period are
`judged (step S3). For example, when a shock occurs and
`then the vehicle speed becomes zero in a short time, it is
`judged that a crash accident has occurred”).
`
`Thus, claims 1—3 and 5—8 of the ‘917 patent are unpatentable under 35
`
`U.S.C. § 103(a) as obvious over Aoyanagi and Oishi.
`
`2. Claims 18—20 and 22—25
`
`Claims 18—20 and 22—25 of the ‘917 patent are unpatentable because it
`
`would have been obvious to a person of ordinary skill in the art to add an
`
`automatic distress signal to Aoyanagi’s vehicular system for recording running
`
`conditions. Aoyanagi is directed to “a recording apparatus for vehicle running
`
`conditions
`
`that records running data at the time when the vehicle has received
`
`shocks due to an accident or the like, while protecting those data.” (EX. 1003,
`
`70:2:3—8.) Oishi is similarly directed to an apparatus installed on a vehicle in the
`
`17
`
`OWNER EX. 2037, page 20
`
`

`

`US. Patent 8,014,917
`Petition for Inter Partes Review
`
`case of collisions.
`
`(EX. 1005, 634:1:1—6.) Specifically, Oishi is directed to “an
`
`apparatus which can automatically notify [authorities of] an automobile accident
`
`after obtaining the impact force of the accident based upon an impulse which can
`
`be measured by a change of kinetic momentum.” (Id) Thus, both Oishi and
`
`Aoyanagi are directed to the same field of endeavor.
`
`(EX. 1008, 1111 44, 87.)
`
`Aoyanagi teaches that “[t]he recording apparatus uses sensors to record data
`
`of the running conditions of the vehicle. . ..” (EX. 1003, 71:1:6—7.) Those
`
`conditions include “vehicle speed” (id. at 71:1:65), “acceleration pedal position”
`
`(id. at 71:2: 18—27, describing a sensor to determine the position of a butterfly valve
`
`on the intake manifold of the vehicle), “brake pedal position” (id. at 71:2:28),
`
`“engine speed” (id. at 71:2: 12), “steering wheel position (rotation angle)” (id. at
`
`71:2:45), and “seat belt fastened/unfastened state” (id. at 71:2:62).
`
`Aoyanagi monitors the braking system by “detecting the hydraulic pressure
`
`of a hydraulic pressure cylinder brake 32 by a hydraulic pressure sensor 28
`
`provided at the hydraulic pressure cylinder brake 32 activated by a brake 30.” (Id.
`
`at 71:2:28—35.) A person of ordinary skill in the art would have known that the
`
`system taught in Aoyanagi detects whether the braking system is “off” (116., no
`
`hydraulic pressure is being applied to the hydraulic pressure cylinder brake 32) or
`
`“on” (116., hydraulic pressure is being applied to the hydraulic pressure cylinder
`
`brake 32).
`
`(EX. 1008, ll 35, 67.) Additionally, a person of ordinary skill in the art
`
`18
`
`OWNER EX. 2037, page 21
`
`

`

`U.S. Patent 8,014,917
`Petition for Inter Partes Review
`
`would have known that the system taught in Aoyanagi detects “degrees” of braking
`
`(116., incremental levels of hydraulic pressure being applied to the hydraulic
`
`pressure cylinder brake 32 between no pressure and full pressure).
`
`(EX. 1008, 1111
`
`36, 71.)
`
`Aoyanagi’s system also monitors “vehicle acceleration and deceleration.”
`
`(EX. 1003, 71:2:3.) Aoyanagi’s system monitors acceleration using acceleration
`
`sensor 18. (Id. at 71:2:3—6.) Additionally, Aoyanagi teaches monitoring vehicle
`
`speed at fixed 0.1-second intervals to determine if “vehicle speed becomes zero in
`
`a short time.” (Id. at 72:1 :9—12, 72:2:21—23.) Aoyanagi’s system monitors
`
`acceleration/deceleration to detect collisions by sensing sudden deceleration. (Id.)
`
`As noted above, Aoyanagi discloses recording production-related and vital
`
`sign parameters prior to the collision. (Id. at 71:1:47—72: l :3.) Aoyanagi’s system
`
`continues to record both production-related and vital sign parameters after a
`
`collision: “when an accident occurs, the recording apparatus can keep recording for
`
`a specific period of time after receiving shocks and the like.” (Id. at 72: 1 :33—3 6.)
`
`Aoyanagi anticipates the ability to inc