UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________________
`
`PORSCHE CARS NORTH AMERICA, INC.
`
`Petitioner
`
`v.
`
`VEHICLE INTERFACE TECHNOLOGIES, LLC
`
`Patent Owner
`________________________
`
`CASE: Unassigned
`Patent No. 6,842,677 B2
`
`________________________
`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 6,842,677 B2
`
`
`
`
`
`

`

`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`
`EXHIBIT LIST ........................................................................................................ iii 
`
`TABLE OF CONTENTS
`
`I. 
`
`INTRODUCTION ........................................................................................... 1 
`
`II.  MANDATORY NOTICES UNDER 37 C.F.R. § 42.8(a)(1) .......................... 1 
`
`A. 
`
`B. 
`
`C. 
`
`D. 
`
`Real Party In Interest ............................................................................. 1 
`
`Related Matters ...................................................................................... 1 
`
`Lead and Backup Counsel ..................................................................... 2 
`
`Service Information ............................................................................... 3 
`
`III. 
`
`PAYMENT OF FEES UNDER 37 C.F.R. § 42.103 ....................................... 3 
`
`IV.  REQUIREMENTS FOR INTER PARTES REVIEW ...................................... 3 
`
`A.  Ground for Standing .............................................................................. 3 
`
`B. 
`
`Identification of Challenge .................................................................... 4 
`
`V. 
`
`THE ‘677 PATENT ......................................................................................... 7 
`
`A. 
`
`B. 
`
`Brief Overview of the Disclosure.......................................................... 7 
`
`Brief Overview of the Prosecution History ......................................... 10 
`
`VI.  PERSON OF ORDINARY SKILL IN THE ART ........................................ 12 
`
`VII.  CLAIM CONSTRUCTION .......................................................................... 12 
`
`VIII.  DETAILED EXPLANATION OF THE GROUNDS FOR
`UNPATENTABILITY .................................................................................. 15 
`
`A. 
`
`There Is A Reasonable Likelihood That At Least One
`Claim Of The ‘677 Patent Is Unpatentable ......................................... 15 
`
`B. 
`
`Challenge Based on Palalau ................................................................ 15 
`
`1. 
`
`Summary of Palalau .................................................................. 15 
`
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`– i –
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`

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`Petition for Inter Partes Review of US Patent No. 6,842,677
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`
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`2. 
`
`Palalau (i) Anticipates Claims 1-5, 7, 8, 10, 12, 13,
`16, and 17 and (ii) Anticipates or Renders Obvious
`Claims 6, 9, 15, and 18 ............................................................. 16 
`
`C. 
`
`Challenge Based Mercedes-Benz S-Class .......................................... 30 
`
`1. 
`
`Summary of Mercedes-Benz S-Class ....................................... 30 
`
`2.  Mercedes-Benz S-Class Anticipates and/or
`Renders Obvious Claims 1-10 and 12-18 ................................. 31 
`
`3. 
`
`Claim 19 is Obvious Over S-Class in View of the
`Knowledge of One Skilled in the Art, as
`Evidenced by Badarneh ............................................................ 41 
`
`D. 
`
`Challenge Based on Badarneh ............................................................. 42 
`
`1. 
`
`2. 
`
`3. 
`
`Summary of Badarneh .............................................................. 42 
`
`Badarneh Anticipates Claim 1 and Anticipates or
`Renders Obvious Claims 2-5, 7-10, 12-17, and 19 ................... 43 
`
`Claims 6 and 18 are Obvious Over Badarneh in
`View of the Knowledge of One Skilled in the Art,
`as Evidenced by Mercedes COMAND ..................................... 56 
`
`E. 
`
`Different Invalidity Positions Against Each Claim Are
`Independent, Distinctive, And Not Redundant ................................... 58 
`
`IX.  CONCLUSION .............................................................................................. 59 
`
`
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`– ii –
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`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`Ex. 1001
`
`Ex. 1002
`
`
`Ex. 1003
`
`Ex. 1004
`
`Ex. 1005
`
`Ex. 1006
`
`Ex. 1007
`
`Ex. 1008
`
`Ex. 1009
`
`Ex. 1010
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`
`
`
`
`
`EXHIBIT LIST
`
`U.S. Patent No. 6,842,677 to Pathare (“the ‘677 Patent”)
`
`PCT International Application Publication No. WO 97/13657 to
`Palalau et al., published April 17, 1997 (“Palalau”)
`
`Mercedes-Benz S-Class Operator’s Manual, published October
`31, 2000 (“Mercedes S-Class Manual” or “S-Class”)
`
`Mercedes-Benz COMAND Operator’s Manual, published May 1,
`2000 (“COMAND”)
`
`PCT International Application Publication No. WO 01/60650 A1
`to Badarneh, published August 23, 2001 (“Badarneh”)
`
`Prosecution History of U.S. Patent No. 6,842,677
`
`U.S. Patent No. 5,847,704 (“Hartman”)
`
`Declaration Of Dr. Ralph V. Wilhelm, Jr., In Support Of Petition
`For Inter Partes Review Of U.S. Patent No. 6,842,677 (“Wilhelm
`Decl.”)
`
`VIT LLC’s Opening Claim Construction Brief, filed September
`13, 2013, in the U.S. District Court for the District of Delaware,
`C.A. Nos. 12-1283-RGA, 12-1284-RGA, 12-1285-RGA,
`12-1286-RGA (Exhibits thereto omitted.)
`
`Joint Claim Construction Chart, filed August 28, 2013, in the U.S.
`District Court for the District of Delaware, C.A. Nos.
`12-1283-RGA, 12-1284-RGA, 12-1285-RGA, 12-1286-RGA
`(Exhibits thereto omitted.)
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`– iii –
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`

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`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`I.
`
`INTRODUCTION
`
`Pursuant to 35 U.S.C. § 311 and 37 C.F.R. § 42.100, Porsche Cars North
`
`America, Inc. (“PCNA” or “Petitioner”), petitions for inter partes review of claims
`
`1-10 and 12-19 of U.S. Patent No. 6,842,677 B2 (“the ‘677 Patent”; Exhibit
`
`(“Ex.”) 1001), assigned to Vehicle Interface Technologies, LLC ( “VIT” or “Patent
`
`Owner”).
`
`Petitioner respectfully submits that this Petition demonstrates a reasonable
`
`likelihood that Petitioner will prevail with respect to at least one of the claims
`
`challenged in this petition as being unpatentable under 35 U.S.C. § 102 and/or
`
`§ 103 over prior art printed publications that are not of record in the ‘677 Patent;
`
`thus, the Patent Trial and Appeals Board (“PTAB” or “Board”) should institute
`
`inter partes review of the ‘677 Patent.
`
`II. MANDATORY NOTICES UNDER 37 C.F.R. § 42.8(a)(1)
`A. Real Party In Interest
`Petitioner PCNA is the real party in interest and is a wholly-owned
`
`subsidiary of Porsche Enterprises Inc., which is a majority-owned subsidiary of
`
`Porsche Nordamerika Holding GmbH, which is a wholly-owned subsidiary of Dr.
`
`Ing. h.c. F. Porsche AG.
`
`B. Related Matters
`The ‘677 Patent is being asserted in the following currently pending civil
`
`actions, all of which were filed on October 5, 2012, in the U.S. District Court for
`
`
`
`
`
`
`
`

`

`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`the District of Delaware: (i) Vehicle Interface Technologies, LLC v. Porsche Cars
`
`North America, Inc., C.A. No. 1:12-cv-012861; (ii) Vehicle Interface Technologies,
`
`LLC v. Ferrari North America Inc., C.A. No. 1:12-cv-01283; (iii) Vehicle Interface
`
`Technologies, LLC v. Ford Motor Company, C.A. No. 1:12-cv-01284; and (iv)
`
`Vehicle Interface Technologies, LLC v. Jaguar Land Rover North America LLC,
`
`C.A. No. 1:12-cv-01285.
`
`C. Lead and Backup Counsel
`Petitioner designates Edgar H. Haug (Reg. No. 29,309) as its lead counsel,
`
`and Eugene LeDonne (Reg. No. 35,930) and David V. Rossi (Reg. No. 36,659) as
`
`its back-up counsel. Pursuant to 37 C.F.R. § 42.10(b), a Power of Attorney
`
`accompanies this Petition.
`
`Petitioner requests authorization to file a motion for Christopher Gosselin to
`
`appear pro hac vice. Mr. Gosselin has a B.S. in Mechanical Engineering, four
`
`years of experience working on patent litigation matters, and is familiar with the
`
`specific subject matter of this proceeding as he (along with Edgar H. Haug and
`
`Eugene LeDonne) is Petitioner’s counsel in the related pending district court
`
`litigation involving ‘677 Patent.
`
`
`1 In this district court case, PCNA was served with the complaint on October 9,
`
`2012.
`
`
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`– 2 –
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`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`Service Information
`
`D.
`Service of any documents may be made to lead counsel at the following
`
`postal mailing address: Frommer Lawrence & Haug LLP, 745 Fifth Avenue, New
`
`York, NY 10151. Petitioner consents to electronic service by e-mail at
`
`pcna.vit.ipr@flhlaw.com. Petitioner’s counsel contact numbers: 212-588-0800
`
`(phone); 212-588-0500 (fax).
`
`III. PAYMENT OF FEES UNDER 37 C.F.R. § 42.103
`Payment of $24,200.00 for the fees set forth in 37 C.F.R. § 42.15(a)(1-2) for
`
`this Petition for inter partes review accompanies this request by way of credit card
`
`payment. The undersigned further authorizes payment for any additional fees that
`
`might be due in connection with this Petition to be charged to Deposit Account No.
`
`50-0320.
`
`IV. REQUIREMENTS FOR INTER PARTES REVIEW
`As set forth below and pursuant to 37 C.F.R. § 42.104, each requirement for
`
`inter partes review of the ‘677 Patent is satisfied.
`
`A. Ground for Standing
`Pursuant to 37 C.F.R. § 42.104(a), Petitioner certifies that the ‘677 Patent is
`
`available for inter partes review and that the Petitioner is not barred or estopped
`
`from requesting inter partes review challenging the ‘677 Patent claims on the
`
`grounds identified herein.
`
`
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`– 3 –
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`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`Identification of Challenge
`
`B.
`Pursuant to 37 C.F.R. §§ 42.22(a)(1) and 42.104(b)(1)-(2), Petitioner
`
`challenges claims 1-10 and 12-19 of the ‘677 Patent and requests that the PTAB
`
`cancel each of these challenged claims in accordance with the following grounds:
`
`1.
`
`Claims 1-5, 7, 8, 10-13, 16, and 17 are unpatentable under
`
`35 U.S.C. § 102(b) as anticipated by PCT International Application Publication
`
`No. WO 97/13657 to Palalau et al., published April 17, 1997 (“Palalau”; Ex.
`
`1002).
`
`2.
`
`Claims 6, 9, 15, and 18 are unpatentable under 35 U.S.C. § 102(b) as
`
`anticipated by, or alternatively under 35 U.S.C. § 103(a) as obvious over, Palalau.
`
`3.
`
`Claims 1-4 are unpatentable under 35 U.S.C. § 102(b) as anticipated
`
`by, or alternatively under 35 U.S.C. § 103(a) as obvious over, the Mercedes-Benz
`
`S-Class Operator’s Manual, published October 31, 2000 (“Mercedes S-Class
`
`Manual” or “S-Class”; Ex. 1003).
`
`4.
`
`Claims 7, 8, and 12-16 are unpatentable under 35 U.S.C. § 102(b) as
`
`anticipated by the Mercedes S-Class Manual.
`
`5.
`
`Claims 5, 6, 9, 10, 17, and 18 are unpatentable (i) under
`
`35 U.S.C. § 102(b) as anticipated by the Mercedes S-Class Manual with
`
`explanatory reference to, or incorporation by reference of, the Mercedes-Benz
`
`COMAND Operator’s Manual, published May 1, 2000 (“COMAND”; Ex. 1004),
`
`
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`– 4 –
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`Petition for Inter Partes Review of US Patent No. 6,842,677
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`
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`or (ii) alternatively under 35 U.S.C. § 103(a) as obvious over the combination of
`
`the Mercedes S-Class Manual and COMAND.2
`
`6.
`
`Claim 19 is unpatentable under 35 U.S.C. § 103(a) as obvious over S-
`
`Class in view of the knowledge of one skilled in the art, as evidenced by Badarneh
`
`(cited below).
`
`7.
`
`Claim 1 is unpatentable under 35 U.S.C. § 102(b) as anticipated by
`
`PCT International Application Publication No. WO 01/60650 A1 to Badarneh,
`
`published August 23, 2001 (“Badarneh”; Ex. 1005).
`
`
`2 S-Class and COMAND were downloaded from the Mercedes-Benz USA website
`
`(http://www.mbusa.com/mercedes/service_and_parts/owners_manuals) under
`
`tabs for “Model Year 2001 Owners Manual” and “Model Year 2001 COMAND
`
`Manual.” S-Class has a press date of 10/31/2000 and is identified as “Edition B
`
`2001” (Ex. 1003, P. 420, P. 421), COMAND has a press date of 5/01/2000 (Ex.
`
`1004, P. 243), and each is expressly directed to vehicle purchasers (see, e.g., Ex.
`
`1003, P. 3, P. 11; Ex. 1004, P. 2), thus evidencing that S-Class and COMAND are
`
`manuals that were provided and disseminated in the United States to purchasers
`
`of year 2001 Mercedes-Benz S-Class vehicles that included the COMAND
`
`system.
`
`
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`– 5 –
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`

`

`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`8.
`
`Claims 2-5 and 7-17, and 19 are unpatentable under
`
`35 U.S.C. § 102(b) as anticipated by, or alternatively under 35 U.S.C. § 103(a) as
`
`obvious over, Badarneh.
`
`9.
`
`Claims 6 and 18 are unpatentable under 35 U.S.C. § 103(a) as obvious
`
`over Badarneh in view of the knowledge of one of ordinary skill in the art.
`
`Pursuant to 37 C.F.R. § 42.104(b)(3)-(4), an explanation of how the
`
`challenged claims of the ‘677 Patent are to be construed and how they are
`
`unpatentable under the statutory grounds identified above, including the
`
`identification of where each element of the claim is found in the prior art patents or
`
`printed publications, is provided in Sections VII and VIII below, following an
`
`overview of the ‘677 Patent.
`
`Pursuant to 37 C.F.R. § 42.104(b)(5), the exhibit numbers of the evidence
`
`relied on to support the challenge and the relevance of the evidence to the
`
`challenge raised, including identification of specific portions of the evidence that
`
`support the challenge, are provided in Section VIII below in the form of claim
`
`charts. A Table of Exhibits identifying the exhibits is included above. Pursuant to
`
`37 C.F.R. § 42.63(a), Exhibit 1008 is the declaration of Ralph V. Wilhelm, Jr.,
`
`Ph.D. (“Ex. 1008, Wilhelm Decl.”) supporting the grounds in this petition showing
`
`that there is a reasonable likelihood that Petitioner will prevail with respect to at
`
`
`
`– 6 –
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`

`

`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`least one of the challenged claims and that each challenged claim is not patentable,
`
`as specifically referenced in Sections VII and VIII below.
`
`V. THE ‘677 PATENT
`A. Brief Overview of the Disclosure
`The ‘677 Patent relates to a vehicle user interface that “allow[s] a driver to
`
`view and control a plurality of subsystems using a display having a fixed area and
`
`a selectable area.” Ex. 1001, ‘677 Patent, col. 1, ll. 9-12. The ‘677 Patent describes
`
`the user interface provided by the purported invention as follows (Id. at col. 3,
`
`ll. 3-22):
`
`A display is provided to a driver that includes a fixed area and a
`selectable area. The fixed area displays vehicle information such as
`speed, gas level, mileage, etc. The selectable area displays a page that
`includes parameters for one or more “optional” subsystems. An
`optional subsystem is a subsystem that is optionally included with a
`vehicle (i.e., cruise control, navigation, etc.) and/or is optionally
`configured and operated (i.e., radio, seat adjustment, etc.) using a
`computer system installed in the vehicle. One or more pages can be
`used to configure each optional subsystem. The desired page can be
`selected by the driver using a first set of input devices mounted on a
`side of the steering device (i.e., steering wheel) of the vehicle.
`Parameters displayed on the selected page can be selected and
`adjusted using a second set of input devices mounted on an opposing
`side of the steering device. A second display and/or a third set of input
`devices can also be provided to allow a passenger in the vehicle to
`
`
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`– 7 –
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`

`

`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`view and/or select one of the pages and adjust one or more of the
`displayed parameters.
`
`With reference to FIG. 1, the ‘677 Patent discloses a user interface system
`
`that includes a display 18 mounted behind the steering wheel and having a fixed
`
`area 20 that displays vehicle information and a selectable area 22 that displays one
`
`of a plurality of pages that include at least one parameter for one or more optional
`
`subsystems. Id. at col. 3, ll. 56-61. The indicators of information displayed on
`
`display 18 can be computer or mechanically generated; for example,
`
`“[s]peedometer 21 can comprise a mechanical dial, a computer generated dial, a
`
`computer generated numeric value, etc.” Id. at col. 3, ll. 47-54. A secondary
`
`interface 27 mounted having a display 28 and a set of input devices 30 may also be
`
`mounted on the dashboard. Id. at col. 3, ll. 43-46.
`
`The ‘677 Patent explains that vehicle display information displayed in fixed
`
`area 20 may be predetermined upon the display being installed in the vehicle, and
`
`that although some or all of it may be selectively modified, “the information
`
`displayed in fixed area 20 preferably cannot be modified while the vehicle is being
`
`driven.” Id. at col. 3, ll. 56-61. In addition, “[v]ehicle information comprises
`
`information that is always displayed to the driver of the vehicle.” Id. at col. 3, l.
`
`67-col. 4, l. 2. Vehicle information displayed in fixed area 20 typically includes the
`
`vehicle’s speed, mileage, engine temperature, and fuel level, and may also include
`
`
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`– 8 –
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`

`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`engine rpms (revolutions-per-minute), battery voltage level, oil pressure, currently
`
`selected gear, trip distance, and fuel efficiency, etc. Id. at col. 4, ll. 2-12.
`
`A first set of input devices 24 and a second set of input devices 26 on
`
`opposite sides of the steering wheel allow the driver of the vehicle “to select one of
`
`the plurality of pages to display in selectable area 22, and to select and adjust
`
`parameters on the selected page.” For instance, the first set 24 may be operated to
`
`select pages, and for a selected page the second set 26 may be operated to select
`
`and adjust parameters on the selected page. Id. at col. 5, ll. 42-53. See also Id. at
`
`FIG. 3 and col. 5, l. 58-col. 6, l. 60. Upon selecting a parameter, a user may then
`
`adjust the parameter, or the user may be presented with a new page that includes
`
`various additional parameters. Id. at col. 5, ll. 20-29.
`
`With reference to FIG. 2, the ‘677 Patent discloses that in addition to a fixed
`
`area (120) and a selectable area (122), a display (118) may include warning areas
`
`(150, 152) to indicate whether a warning condition (e.g., low battery voltage) is
`
`present. Id. at col. 4, ll. 44-57. The ‘677 patent further explains that “[w]hile
`
`shown in displayed in the warning areas 150, 152, . . .the various warning
`
`conditions could be displayed within fixed area 120 and/or selectable area 122.” Id.
`
`at col. 4, ll. 57-60. In addition, selectable area 122 of display 118 includes one or
`
`more areas reserved for identifiers 154 of “some or all of the pages that can be
`
`displayed in selectable area 122.” Id. at col. 4, ll. 62-67.
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`– 9 –
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`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`With reference to the block diagram depicted in FIG. 5, the ‘677 Patent
`
`explains that a computing system 160 “configures and/or operates the various
`
`subsystems depicted in response to input commands received from sets of input
`
`devices 24, 2, 30 and alters the content of displays 18, 28 accordingly.” Id. at
`
`col. 7, ll. 56-61.
`
`Brief Overview of the Prosecution History
`
`B.
`The application that issued as the ‘677 patent was filed with a total of 20
`
`claims. During prosecution, only after being amended to add the limitation
`
`“wherein the fixed area and the selectable area each comprise a unique and static
`
`portion of the display,” independent claims 1, 7, and 16 were allowed and all
`
`pending claims issued as identically numbered claims of the ‘677 Patent.
`
`Ex. 1006, Prosecution History of the ‘677 Patent.
`
`More specifically, in a first Office Action, the Examiner rejected claims 1-5,
`
`7, 10-13, 16-17, and 19, under 35 U.S.C. § 102(b) as being anticipated by U.S.
`
`Patent No. 5,847,704 to Hartman (“Hartman”; Ex. 1007). Ex. 1006, Office Action
`
`dated April 20, 2004 at p. 3.
`
`In response to the first Office Action, the applicant for the ‘677 Patent
`
`initially held a telephonic Examiner interview. Following the interview, in a
`
`written reply to the Office Action, the applicant amended each of independent
`
`claims 1, 7, and 16 by adding the following recitation: “wherein the fixed area and
`
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`– 10 –
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`

`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`the selectable area each comprise a unique and static portion of the display.” Ex.
`
`1006, Office Action Reply dated July 19, 2004 at pp. 2-6. Based on this added
`
`limitation, the applicants argued, in part, as follows:
`
`Fig. 3 of Hartman shows the display of Fig. 2 altered in order to show
`additional information on a trip. However, as is clearly shown by the
`combination of Figs. 2 and 3, Hartman's display does not have two
`areas - (1) a fixed area for displaying vehicle information, and (2) a
`selectable area for displaying one of a plurality of pages. During the
`telephone interview, the Examiner indicated that the claimed fixed
`area and selectable area could comprise the same area. While
`Applicant disagrees with this interpretation, Applicant has herein
`amended claims 1, 7, and 16 to clarify that the fixed area and
`selectable area each comprise a unique and static portion of the
`display. In sharp contrast, the vehicle information in Hartman is
`relocated and/or resized to different portions of the display in order to
`accommodate the new information. See, e.g., Figs. 2 and 3; Col. 3,
`lines 47-65. [Ex. 1006, Office Action Reply dated July 19, 2004 at
`p. 9.]
`
`A Notice of Allowability was mailed in response to applicant’s amendment
`
`and included the following Examiner’s Statement of Reasons for Allowance:
`
`The prior art fails to disclose a user interface system for a vehicle
`having a steering device, the system comprising a display mounted
`behind the steering device, the display including a fixed area and a
`selectable area, wherein the fixed area displays vehicle information
`and the selectable area displays one of the plurality of pages, and
`
`
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`– 11 –
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`

`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`wherein the fixed area and the selectable area each comprise a unique
`and static portion of the display; and a computing system in
`communication with the display device, wherein the computing
`system operates each of the plurality of optional subsystems based on
`the at least one parameter. [Ex. 1006, Notice of Allowability dated
`September 28, 2004 at p. 2.]
`
`VI. PERSON OF ORDINARY SKILL IN THE ART
`A person of ordinary skill in the art in the field of the ‘677 Patent at the time
`
`of the alleged invention of the ‘677 Patent would have been someone with at least
`
`a Bachelors of Science (or equivalent) degree in Engineering or Computer Science,
`
`with at least about three years of additional working experience in the field of
`
`automotive human-machine interfaces. Ex. 1008, Wilhelm Decl., at ¶¶8-12.
`
`VII. CLAIM CONSTRUCTION
`Pursuant to 37 C.F.R. §§ 42.100(b) and 42.104(b)(3), and solely for
`
`purposes of this inter partes review, Petitioner submits that the ‘677 Patent claims
`
`are given their broadest reasonable interpretation in light of the ‘677 Patent
`
`specification as it would be understood by one of ordinary skilled in the art.
`
`In its Opening Claim Construction Brief (Ex. 1009) filed in the related
`
`patent infringement actions identified above, the Patent Owner has expressly
`
`indicated how it believes certain terms of the claims of the ‘677 Patent should be
`
`construed. The Patent Owner’s constructions are reproduced below. Petitioner
`
`respectfully submits that for purposes of this proceeding, the broadest reasonable
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`
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`– 12 –
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`Petition for Inter Partes Review of US Patent No. 6,842,677
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`
`
`interpretation of the claim terms in the table below should be at least as broad as
`
`the Patent Owner’s proposed constructions set forth in the table.
`
`Claim Term
`steering device (claims 1, 2, 4,
`7, 12, 16)
`wherein the fixed area and the
`selectable area each comprise a
`unique and static portion of the
`display (claims 1, 7, 16)
`set of input devices (claims 2-4,
`6-10, 16, 18)
`the second set of input devices
`adjust parameters in the page
`displayed in the selectable area
`(claim 3)
`identifier (claim 19)
`
`
`VIT Construction
`steering wheel
`
`the display includes separate fixed and
`selectable areas, neither of which is relocated or
`resized to different portions on the display.
`
`plain and ordinary, or, alternatively, “one or
`more input devices”
`plain and ordinary, or, alternatively, “a set of
`input devices separate from the first set of input
`devices, that are used to adjust parameters in the
`page displayed in the selectable area”
`plain and ordinary
`
`Petitioner notes that the Patent Owner’s proposed alternative construction of
`
`“set of input devices” as meaning “one or more input devices” is broader than an
`
`alternative construction previously proposed by the Patent Owner in a Joint Claim
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`Construction Chart (Ex. 1010)--viz., a “set of two or more input devices.” See
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`also, Ex. 1009 at pp. 6-7. But, as set forth below, even if the broadest reasonable
`
`interpretation requires at least two input devices, Petitioner maintains that the prior
`
`art relied on herein discloses this limitation.
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`– 13 –
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`Petition for Inter Partes Review of US Patent No. 6,842,677
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`
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`In addition, as set forth in the Joint Claim Construction Chart (Ex. 1010), in
`
`the related patent infringement action the parties agreed to construction of certain
`
`terms, as reproduced below. Petitioner respectfully submits that for purposes of
`
`this proceeding, the broadest reasonable interpretation of the claim terms in the
`
`table below should be at least as broad as the agreed constructions set forth in the
`
`table.
`
`Claim Term
`parameter(s)
`(claims 1, 3, 6, 7, 9, 16, 18)
`optional subsystems(s); optional
`subsystem(s) for a vehicle
`(claims 1, 7, 10, 13, 14, 16)
`
`Agreed Construction
`adjustable setting(s)
`
`subsystems that are optionally included with a
`vehicle or are optionally configured and
`operated using a computer system installed in
`the vehicle
`
`
`
`Petitioner's proposed claim construction set forth to comply with 37 C.F.R.
`
`§ 42.100(b) does not necessarily reflect appropriate claim constructions to be used
`
`in U.S. district court litigation and other proceedings where a different claim
`
`construction standard applies. The proposed claim constructions are not binding
`
`upon Petitioner beyond this inter partes review.
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`
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`– 14 –
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`Petition for Inter Partes Review of US Patent No. 6,842,677
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`
`
`VIII. DETAILED EXPLANATION OF THE GROUNDS FOR
`UNPATENTABILITY
`A. There Is A Reasonable Likelihood That At Least One Claim Of
`The ‘677 Patent Is Unpatentable
`
`The detailed explanation set forth below clearly demonstrates that there is a
`
`reasonable likelihood that the Petitioner will prevail in establishing that at least one
`
`claim of the ‘677 patent is unpatentable. For instance, each of the Palalau,
`
`Mercedes S-Class Manual, and Badarneh prior art references discloses every
`
`limitation of independent claims 1, 7, and 16--including the unique-and-static
`
`limitation argued by the applicant and apparently deemed by the Examiner as
`
`distinguishing these claims over the prior art of record in the ‘677 patent.
`
`B. Challenge Based on Palalau
`Summary of Palalau
`
`1.
`
`Palalau discloses a driver control interface that controls the values of a
`
`plurality of features in a vehicle and displays vehicle information to the driver. A
`
`plurality of feature group switches are located on the steering wheel of the vehicle.
`
`Each of the vehicle features is associated with a feature group, such as audio,
`
`climate, etc., each having a plurality of associated features such as volume,
`
`balance, tuning, temperature, fan speed, etc. A plurality of selection switches is
`
`also preferably located on the steering wheel for adjusting the values of the
`
`features associated with the activated feature group.
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`– 15 –
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`Petition for Inter Partes Review of US Patent No. 6,842,677
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`
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`An eyes-front display indicates the current value of a feature in an activated
`
`feature group. The display is graphically divided into a first portion and a second
`
`portion. In one embodiment, the first portion is generally the left half of the
`
`display, and the second portion is generally the right half of the display. Figure 3
`
`illustrates one way of maintaining the speedometer graphic, fuel graphic, and
`
`odometer at all times on the first portion of the display.
`
`2.
`
`Palalau (i) Anticipates Claims 1-5, 7, 8, 10, 12, 13, 16, and 17
`and (ii) Anticipates or Renders Obvious Claims 6, 9, 15, and
`18
`
`Palalau (Ex. 1002) anticipates claims 1-5, 7, 8, 10, 12, 13, 16, and 17 and (ii)
`
`anticipates or renders obvious claims 6, 9, 15, and 18, as shown in the following
`
`detailed claim charts.
`
`Claim 1
`[1pre] 3 A user
`interface system for a
`vehicle having a
`steering device, the
`system comprising:
`
`Palalau
`Palalau discloses a user interface system for a vehicle
`having a steering device:
`“The present invention provides a ‘hands-on,’ ‘eyes-front’
`driver control interface system which minimizes the time
`and distance that the drivers’ attention is diverted from the
`road and the time and distance that the driver’s hands are
`diverted from the steering wheel while operating various
`systems in the vehicle. The vehicle includes a plurality of
`feature groups, such as audio, climate, etc., each having a
`plurality of associated features such as volume, balance,
`tuning, temperature, fan speed, etc. Each of these features
`
`
`3 Throughout the claim charts, bracketed references are added prior to each claim
`
`limitation for ease of reference.
`
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`– 16 –
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`

`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`Claim 1
`
`[1a] a plurality of
`pages,
`wherein each page
`includes at least one
`parameter for at least
`one of a plurality of
`optional subsystems
`for the vehicle;
`
`[1b] a display
`mounted behind the
`steering device,
`
`Palalau
`has an associated value which is adjustable by the driver.
`Other features have a value which is only communicated to
`the driver for information purposes, such as engine
`temperature, tachometer, fuel level, speed, etc.” Ex. 1002 at
`1:25-2:7.
`Palalau discloses a plurality of pages wherein each page
`includes at least one parameter for at least one optional
`subsystem:
`“A high-resolution, reconfigurable display is located on the
`instrument panel directly in front of the steering wheel in an
`"eyes-front" position . . . The display indicates the
`currently-activated feature group and indicates the current
`value of features in the activated feature group.” Ex.1002 at
`2:8-17.
`“The vehicle includes a plurality of feature groups, such as
`audio, climate, etc., each having a plurality of associated
`features such as volume, balance, tuning, temperature, fan
`speed, etc. Each of these features has an associated value
`which is adjustable by the driver. Other features have a
`value which is only communicated to 45 the driver for
`information purposes, such as engine temperature,
`tachometer, fuel level, speed, etc.” Ex.1002 at 2:2-7.
`Palalau discloses display 22
`mounted behind steering
`wheel 26. Ex. 1002 at
`5:12-18.
`
`
`
`the display including
`a fixed area and a
`selectable area,
` wherein the fixed
`area displays vehicle
`information
`
`Palalau discloses a display having a fixed area and a
`selectable area, as shown in Fig. 3. The fixed area on the
`left side displays speedometer, fuel, and mileage
`information, while the selectable area on the right side
`displays feature group information.
`
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`– 17 –
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`Petition for Inter Partes Review of US Patent No. 6,842,677
`
`
`
`Claim 1
`and the selectable
`
`area displays one of
`the plurality of pages,
`
`and wherein the
`fixed area and the
`selectable area each
`comprise a unique
`and static portion of
`the display; and
`
`Palalau
`“Referring to FIG. 3, the
`display 22 is preferably
`graphically divided into a
`first portion 38 and a
`second portion 40. In this
`example, the first portion
`38 is generally the left half
`of the display 22 and the
`second portion 40 is
`generally the right half of
`the display 22. FIG. 3
`illustrates one way of
`maintaining the
`speedometer graphic 42,
`fuel graphic 44, and
`odometer 45 at all times.
`Alternatively, the speedome