throbber
DOCKET NO: 419451US
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`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`
`
`ISSUED: SEPTEMBER 6, 2011
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`
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`PATENT: 8,014,917
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`INVENTOR: HAGENBUCH
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`FILED: MARCH 19, 2010
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`TITLE: APPARATUS FOR TRACKING TRIAL NO.: UNASSIGNED
`AND RECORDING VITAL SIGNS AND
`TASK-RELATED INFORMATION OF A
`VEHICLE TO IDENTIFY OPERATING
`PATTERNS
`
`
`
`DECLARATION OF DAVID MCNAMARA
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`1.
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`I, David McNamara, make this declaration in connection with the petition
`
`for inter partes review of U.S. Patent No. 8,014,917 (“the ‘917 patent”; Exhibit
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`1001 to the petition). All statements herein made of my own knowledge are true,
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`and all statements herein made based on information and belief are believed to be
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`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
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`herein are my own, and I have no stake in the outcome of the inter partes review
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`proceeding.
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`2.
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`Attached as Attachment A to this declaration is my curriculum vitae. As
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`shown in my curriculum vitae, I have devoted my career to the field of automotive
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`1
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`TOYOTA Ex. 1008, page 1
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`OWNER Ex. 2058 p. 1
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`electronics. I earned my Bachelor of Science degree in Electrical Engineering
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`from the University of Michigan in 1973 and my Master of Engineering degree in
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`Solid 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. I 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
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`2
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`TOYOTA Ex. 1008, page 2
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`OWNER Ex. 2058 p. 2
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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.telematicsupdate.com), at which I interact with various members of the
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`technical community. 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. 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. 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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`3
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`TOYOTA Ex. 1008, page 3
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`OWNER Ex. 2058 p. 3
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`on the 2009 Consumer Electronics Show (CES). I report on consumer trends and
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`sensor technology impacting the automotive industry as part of my annual CES
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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, I 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.
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`I understand that “claim construction” is the process of determining a patent
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`claim’s meaning. I also have been informed and understand that the proper
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`construction of a claim term is the meaning that a person of ordinary skill in the art
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`(i.e., the technical field to which the patent relates) would have given to that term
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`at the patent’s filing date. My opinion and analysis with respect to claim
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`construction are provided from the viewpoint of one of ordinary skill in the art to
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`4
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`TOYOTA Ex. 1008, page 4
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`OWNER Ex. 2058 p. 4
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`which the ‘917 patent pertains at the earliest priority date for the ‘917 patent,
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`which I have been informed is February 15, 1994.
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`9.
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`I understand that claims in inter partes review proceedings are to be given
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`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.
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`I understand that a patent claim is unpatentable as obvious if the subject
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`matter of the claim as a whole would have been obvious to a person of ordinary
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`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.
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`11.
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`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 objective reason for one of ordinary skill in the
`
`art, at the time of the invention, to combine the references, which includes, but is
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`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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`5
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`TOYOTA Ex. 1008, page 5
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`OWNER Ex. 2058 p. 5
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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
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`art.
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`12. Moreover, I have been informed and I understand that so-called objective
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`indicia of non-obviousness, also known as “secondary considerations,” like the
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`following are also to be considered when assessing obviousness: (1) commercial
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`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
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`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.
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`Materials Considered
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`13.
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`I have read the ‘917 patent and its prosecution history. I have also read
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`Japanese Patent Publication No. H03-085412 to Aoyanagi (“Aoyanagi”; Exhibit
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`1003 to the petition); Japanese Patent Publication No. S58-16399 to Oishi et al.
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`(“Oishi”; Exhibit 1005 to the petition); and International Patent Publication No.
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` 
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`6
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`TOYOTA Ex. 1008, page 6
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`OWNER Ex. 2058 p. 6
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`WO 90/03899 to Vollmer et al. (“Vollmer”; Exhibit 1007 to the petition) along
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`with their corresponding certified translations. Additionally, I have read G.B.
`
`Hamilton & M. Kirshenblatt, Real-Time Vehicle Systems Monitoring, 3
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`Microcomputers in Civil Engineering 45 (1988) (Exhibit 1009); Trevor O. Jones &
`
`Wallace K. Tsuha, Fully Integrated Truck Information and Control Systems
`
`(TIACS), SAE Technical Paper 831775 (1983) (Exhibit 1010); Daniel Sellers &
`
`Thomas J. Benard, An Update on the OmniTRACSr Two-Way Satellite Mobile
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`Communications System and its Application to the Schneider National Truckload
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`Fleet, Proceedings of the 1992 International Congress on Transportation
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`Electronics, Society of Automotive Engineers, Dearborn, MI, SAE P-260 (1992)
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`(Exhibit 1011); and LeRoy G. Hagenbuch, Truck/Mobile Equipment Performance
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`Monitoring Management Information Systems (MIS), SAW Technical Paper
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`861249 (1992) (Exhibit 1012).
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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. I understand that factors that may be considered in determining the
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` 
`
`7
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`TOYOTA Ex. 1008, page 7
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`OWNER Ex. 2058 p. 7
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`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
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`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. I also
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`understand that “the person of ordinary skill” is a hypothetical person who is
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`presumed to be aware of the universe of available prior art.
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`16.
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`It is my opinion that, in February 1994, a person of ordinary skill in the art
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`would have had one of the following: (1) a bachelor’s degree in electrical,
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`mechanical or computer science/engineering (or a closely related field) with at
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`least four years of experience working with automotive electronics, (2) a master’s
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`degree in electrical, mechanical or computer science/engineering (or a closely
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`related field) with at least two years of experience working with automotive
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`electronics, or (3) a PhD in electrical, mechanical or computer science/engineering
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`(or a closely related field) focused on automotive electronic systems.
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`17. Based on my experience and education, I consider myself to be a person of
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`at least ordinary skill in the art with respect to the field of technology implicated by
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`the ‘917 patent (as of 1994).
`
`Background on the State of the Art
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`18.
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`It is my experience that since the 1980s as capable and affordable embedded
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`systems and sensors became available, augmented by wireless communications;
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` 
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`8
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`TOYOTA Ex. 1008, page 8
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`OWNER Ex. 2058 p. 8
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`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
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`International Inc. in their 1988 paper, “Real-time Vehicle Systems Monitoring,”
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`“The use of computer-based systems to monitor and display vehicle location is
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`currently an area of strong interest, and a number of organizations have developed
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`such systems…. Our requirement for vehicle data acquisition systems (DAS) was
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`to monitor and store data on driving cycle, temperatures, pressures, engine
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`stoichiometry, etc. In the course of working with fleets, it became clear that if
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`vehicle systems data could be transmitted to a base station in real time, could be
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`interpreted by base station software to provide a diagnostic capability, and could be
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`combined with a map location, display capability, then it would be of interest to a
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`large number of fleets.” (Ex. 1009, 45). The figure below taken from the 1988
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`Hamilton paper contains all the elements of a modern fleet tracking and diagnostic
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`system with communications capability.
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` 
`
`9
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`TOYOTA Ex. 1008, page 9
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`OWNER Ex. 2058 p. 9
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`
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`(Id. at Fig. 3 (annotated)).
`19. The seminal paper published by the Society of Automotive Engineers (SAE)
`
`in 1983 titled, “Fully Integrated Truck Information and Control Systems (TIACS)”
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`by Trevor O. Jones and Wallace K. Tsuha of TRW Inc. “identifies the current, near
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`term, and long range system requirements and suggests ideas for a fully integrated
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`Truck Information And Control System (TIACS).” (Ex. 1010, 1). The industry
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`recognized the benefits of applying embedded systems and sensor technology to
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`commercial vehicles for “optimizing asset utilization,” “improving productivity”
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`and “reducing operating cost.” (Id.). Additionally, the industry recognized “the
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`need to implement a recording and monitoring capability for improved asset
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`management and reduction of diagnostic and maintenance costs.” (Id. at 7). In my
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` 
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`10
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`TOYOTA Ex. 1008, page 10
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`OWNER Ex. 2058 p. 10
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`opinion, this seminal paper represents the “state of the art” describing the need and
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`approach to monitoring and recording production-related and vital sign parameters.
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`As shown below, the elements (e.g., performance or task and maintenance or vital
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`sign monitoring and recording) of a modern commercial fleet system are described.
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`(Id. at Fig. 11).
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`
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` 
`
`11
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`TOYOTA Ex. 1008, page 11
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`OWNER Ex. 2058 p. 11
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`mammal-mice MDHIFDH
`
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`
`
`
`
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`
`
`
`
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`FIFTH 'I'IIIIIEL mcx- LIP AHIET
`
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`
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`
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`
`END-III CHUNG CDH'I'H'EIL
`
`15 - Vehicle performance cam-titers and
`Fig.
`central
`systems
`:nnnected
`tn
`the
`TIAES
`Serial Ccmmuaicaticna Link
`
`
`
`(Id. at Fig. 15).
`(Id. at Fig. 15).
`
`DIlENEETIEWJM'FV HEN-HUB
`
`
`hLfllH-‘I'Ellm mHFFflFI
`
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`
`FUEL TAR HEEEIFIIJIFI
`
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`
`- Vehicle maintenance
`Fig.
`systems
`cannectad
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`aaatic
`Serial Gmunicaticns Link
`
`diag—
`and
`the Tlafls
`
`
`
`(Id. at Fig. 14).
`(Id. at Fig. 14).
`
` 
`
`12
`12
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`TOYOTA Ex. 1008, page 12
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`OWNER EX. 2058 p. 12
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`TOYOTA Ex. 1008, page 12
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`OWNER Ex. 2058 p. 12
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`
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`(Id. at Fig. 18).
`20. Those skilled in the art are aware of the need to combine data transmission
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`with recording systems and are therefore motivated to do so. An example is the
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`Qualcomm OmniTRACS product first launched in 1988. It is my experience that
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`from 1988 -1992 companies, such as Qualcomm, first developed and expanded the
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`capability of on-board embedded systems to include two-way communications
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`such as emergency messaging. The Qualcomm OmniTRACS product for heavy
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`trucks is an example and is described in the 1992 Proceedings of the International
`
`Congress on Transportation Electronics, “An Update on the OmniTRACSr Two-
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` 
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`13
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`TOYOTA Ex. 1008, page 13
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`OWNER Ex. 2058 p. 13
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`

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`Way Satellite Mobile Communications System and its Application to the
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`Schneider National Truckload Fleet”, Daniel Sellers of Schneider National and
`
`Thomas J. Benard Qualcomm, October 1992.
`
`The ‘917 Patent
`
`21. The ‘917 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-
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`collision vital sign parameters. (Id. at 6:23–8:16).
`
`22. Figure 2A of the ‘917 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 7:44–45, Fig. 2B). As
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`noted in the ‘917 patent specification, a system for monitoring production-related
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`and vital sign parameters was well-known at the time of the ‘917 patented
`
`invention:
`
`Recently, it has become increasingly common for heavy-duty vehicles
`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 5:61–65).
`
` 
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`14
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`TOYOTA Ex. 1008, page 14
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`OWNER Ex. 2058 p. 14
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`23. Likewise, the ‘917 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
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`‘917 patented invention:
`
`Each of the foregoing vital sign and production-related sensors 73 and
`67 is a well known sensor that is commercially available.
`
`(Id. at 6:30–63).
`
`24. Regarding the system’s method for collision detection, the ‘917 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 25:8–10).
`
`25. Likewise, the wireless distress signal sent automatically in the event of a
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`collision is only mentioned once in the specification of the ‘917 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
`alert other personnel (e.g., at a central station) that immediate aid may
`be required.
`
`(Id. at 7:36–41).
`
`26. Figure 2B of the ‘917 patent provides a functional diagram of the system.
`
`(Id. at Fig. 2B, 7:42–43). As illustrated in Figure 2B, the processor receives data
`
` 
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`15
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`TOYOTA Ex. 1008, page 15
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`OWNER Ex. 2058 p. 15
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`from both production-related and vital sign sensors at periodic sampling intervals.
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`(Id. at 7: 44–45). The data received by the processor 41 is then stored inside the
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`RAM 47, which includes chronology memory 83 and diagnostic memories 85, 87,
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`89. (Id. at Fig. 2B, 7:50–56). At periodic sampling intervals, processor 41 stores
`
`all production-related parameters into chronology memory 83. (Id. at 7:45–49,
`
`11:15–18). Additionally, the processor 41 updated the diagnostic memory 87 if
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`any of the vital sign parameters is “one of the historical ten highest or lowest
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`readings” such that the diagnostic memory 87 maintains “the ten most extreme
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`readings from each of the vital sign sensors 73.” (Id. at 8:1–16).
`
`27. Diagnostic memories 85 and 89 are used to store data if any one of the vital
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`sign sensor 73 readings exceed a pre-determined critical value. (Id. at 7:57–8:1).
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`Specifically, when the system detects a collision, see ¶ 24 above, processor 41
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`stores all the production-related parameters stored in chronology memory 83 into
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`diagnostic memory 85. (Id. at 7:57–60, 11:59–63, 25:10–14). Likewise, if any of
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`the vital sign sensors exceeds a pre-determined value, processor 41 stores the
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`identity of the vital sign sensor, the value of the vital sign sensor, and a pre-
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`determined amount of production related data into diagnostic memory 89. (Id. at
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`7:60–66).
`
`28. The ‘917 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
`
` 
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`16
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`TOYOTA Ex. 1008, page 16
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`OWNER Ex. 2058 p. 16
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`parameter exceeds the critical value 116.” (Id. at 25:16–18). Accordingly, the
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`‘917 patent specification contemplates recording both production-related and vital
`
`sign parameters after a collision. (Id. at 25:15–30).
`
`Claim Construction
`
`29.
`
`I have been asked to provide my opinion regarding the claim terms:
`
`“monitoring production-related parameters” and “monitoring vital sign
`
`parameters.” I understand that, for purposes of my analysis, the terms appearing in
`
`the claims should be interpreted according to their “broadest reasonable
`
`interpretation in light of the specification of the patent in which it appears.” I
`
`further understand that the words of the claims should be given their plain meaning
`
`unless that meaning is inconsistent with the specification. With this understanding
`
`in mind, I interpret “monitoring production-related parameters” and “monitoring
`
`vital sign parameters.”
`
`30. Under its broadest reasonable interpretation in light of the specification, the
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`phrase “monitoring production-related parameters” should be construed to mean
`
`sampling data from sensors that provide indicia of the work done by a vehicle.
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`The specification of the ‘917 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,
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`engine fuel consumption, distance traveled, ground speed, road incline, angle of
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` 
`
`17
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`TOYOTA Ex. 1008, page 17
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`OWNER Ex. 2058 p. 17
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`turn, steering wheel, status of brake, vehicle direction, load, and dump. (Ex. 1001,
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`1:41–43, 2:63–66, 6:25–42, 7:42–49.)
`
`31. Under its broadest reasonable interpretation in light of the specification, the
`
`phrase “monitoring vital sign parameters” should be construed to mean sampling
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`data from sensors indicative of the state of health of the vehicle. The specification
`
`of the ‘917 patent supports this construction because the specification describes
`
`processor 41 which samples data from the vital sign sensors 73 that measure
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`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, 6:43–58, 7:42–45,
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`7:52–54, 8:3–6).
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` 
`
`18
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`TOYOTA Ex. 1008, page 18
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`OWNER Ex. 2058 p. 18
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`Claims 1 and 18 are Obvious Over Aoyanagi in View of Oishi
`
`32.
`
`It is my opinion that claims 1 and 18 would have been obvious to one of
`
`ordinary skill in the art over Aoyanagi in view of Oishi. My analysis of the scope
`
`and content of the prior art references follows. Additionally, I have compared the
`
`prior art references with claims 1 and 18 of the ‘917 patent, noting differences, or
`
`lack thereof.
`
`33. 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
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`time when the vehicle has received shocks due to an accident or the like, while
`
`protecting those data from corruption.” (Ex. 1003, 70:2:3–9). Accordingly, a
`
`person of ordinary skill in the art would have understood that the normal
`
`operations of the Aoyanagi recording apparatus would include a “method for
`
`recording operations of a vehicle,” as recited in claims 1 and 18.
`
`34. The Aoyanagi recording apparatus monitors specific vehicle running
`
`parameters by using a variety of sensors. (Id. at 71:1:50–72:1:3). Specifically,
`
`Aoyanagi monitors the sensor data by “record[ing] data of the running conditions
`
`of the vehicle from these sensors.” (Id. at 71:1:6–8). 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, Aoyanagi describes
`
` 
`
`19
`
`
`TOYOTA Ex. 1008, page 19
`
`OWNER Ex. 2058 p. 19
`
`

`

`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 using accelerator pedal position and wheel rotation speed
`
`to detect vehicle acceleration/deceleration (i.e., a collision). (Id. at 71:2:6–10).
`
`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, [and] a position of a throttle of an engine of the vehicle…,” as recited in
`
`claims 1 and 18.
`
`
`
`35. As seen in Figure 3, 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
`
` 
`
`20
`
`
`TOYOTA Ex. 1008, page 20
`
`OWNER Ex. 2058 p. 20
`
`

`

`recorded. (Id. at 71:1:6–9, 71:2:28–35). A person of ordinary skill in the art at the
`
`time of the ‘917 patented invention could have easily adapted 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 the apparatus recognize the braking system as “off” when the hydraulic
`
`pressure was at its rest state (i.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 (i.e., 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. Aoyanagi discusses using brake
`
`pedal position to detect vehicle acceleration/deceleration (i.e., a collision). (Id. at
`
`71:2:6–10). 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 … an
`
`on/off status of a braking system of the vehicle,” as recited in claim 18.
`
` 
`
`21
`
`
`TOYOTA Ex. 1008, page 21
`
`OWNER Ex. 2058 p. 21
`
`

`

`
`
`36. Additionally, a person of ordinary skill in the art at the time of the ‘917
`
`patented invention would have known that Aoyanagi’s method for monitoring the
`
`vehicles braking system would provide a “degree of braking.” Specifically, the
`
`hydraulic pressure sensor would provide a pressure value between full pressure and
`
`no pressure. This pressure value, when compared to full pressure value, would
`
`provide a degree of braking (i.e., the value would indicate how much pressure was
`
`applied to the brakes). 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 degree of braking of the vehicle,” as recited in claim 1.
`
`37. The Aoyanagi recording apparatus monitors vital sign parameters of the
`
`vehicle. Specifically, the Aoyanagi apparatus monitors vehicle acceleration and
`
`deceleration. (Id. at 71:2:3). Additionally, Aoyanagi teaches using acceleration
`
`sensor 18 to measure impact force and direction of a collision. (Id. at 71:2:65–
`
`72:1:2). Alternatively, engine speed, accelerator pedal position, brake pedal
`
` 
`
`22
`
`
`TOYOTA Ex. 1008, page 22
`
`OWNER Ex. 2058 p. 22
`
`

`

`position, and other sensors can be used in place of sensor 18 to measure
`
`acceleration/deceleration. (Id. at 71:2:3–11). Accordingly, a person of ordinary
`
`skill in the art would have understood that the normal operations of the Aoyanagi
`
`recording apparatus would include “monitoring vital sign parameters of the
`
`vehicle, including information indicative of a change in the velocity of the
`
`vehicle,” as recited in claims 1 and 18.
`
`38. The Aoyanagi recording apparatus detects a vehicle collision using
`
`acceleration sensor 18, which “detects the impact force and its direction.” (Id. at
`
`71:2:65–72:1:2). A person of ordinary skill in the art would have known that an
`
`acceleration sensor is used to detect a collision because of the rapid decrease in
`
`vehicle velocity over a short period of time during a collision. Accordingly, a
`
`person of ordinary skill in the art would have understood that the normal
`
`operations of the Aoyanagi recording apparatus would include “detecting a
`
`collision of the vehicle in response to a sudden change in the velocity of the
`
`vehicle,” as recited in claims 1 and 18.
`
`39. As seen in Figure 6, the Aoyanagi recording apparatus records data before
`
`and after a collision is detected. (Id. at Fig. 6). The Aoyanagi recording apparatus
`
`records all inputted sensor data both before and after a collision is detected. (Id. at
`
`72:1:33–36, 72:1:62–67). Accordingly, the Aoyanagi recording apparatus captures
`
`both production-related parameters (e.g., vehicle speed, throttle position, and
`
` 
`
`23
`
`
`TOYOTA Ex. 1008, page 23
`
`OWNER Ex. 2058 p. 23
`
`

`

`braking system status) and vital sign parameters (e.g., crash detection
`
`accelerometer data) before and after a collision is detected. (Id. at 72:1:33–36,
`
`72:1:62–67, Fig. 6). The Aoyanagi recording apparatus anticipates the ability to
`
`incorporate a variety of sensors and the capability of vehicles to provide a wide
`
`variety of data (e.g., production and vital sign related) as “[m]ost 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, Fig. 1). Therefore, a person of ordinary skill in the art
`
`would have understood that the normal operations of the Aoyanagi recording
`
`apparatus would include “capturing the production-related parameters of the
`
`vehicle before detection of the collision and the vital sign parameters after
`
`detection of the collision,” as recited in claims 1 and 18.
`
`40. Aoyanagi does not explicitly disclose the automatic distress signal feature of
`
`claim 18. However, in my opinion, Oishi discloses this feature.
`
`41. Oishi teaches “an apparatus for automatically notifying an automobile
`
`accident.” (Ex. 1005, 633:2:15–16). The Oishi apparatus “automatically notif[ies]
`
`an automobile accident after obtaining the impact force of the accident based upon
`
` 
`
`24
`
`
`TOYOTA Ex. 1008, page 24
`
`OWNER Ex. 2058 p. 24
`
`

`

`an impulse which can be measured by a change of kinetic momentum.” (Id. at
`
`634:1:3–6).
`
`42. Furthermore, the Oishi apparatus teaches that the distress signal is
`
`transmitted by “radio transmitter 12.” (Id. at 634:1:43–45). A person of ordinary
`
`skill in the art at the time of the ‘917 patented invention would have understood
`
`that a signal sent from a radio transmitter would be a wireless signal. Accordingly,
`
`a person of ordinary skill in the art would have understood that the normal
`
`operations of the Oishi apparatus would include “automatically sending a wireless
`
`distress signal from the vehicle in response to detecting the collision,” as recited in
`
`claims 1 and 1

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