UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`SUBARU OF AMERICA, INC., TOYOTA MOTOR NORTH AMERICA, INC., FORD MOTOR
`COMPANY, JAGUAR LAND ROVER NORTH AMERICA LLC, and VOLVO CARS OF
`NORTH AMERICA LLC,
`Petitioner,
`
`v.
`
`CRUISE CONTROL TECHNOLOGIES LLC,
`Patent Owner.
`___________
`
`Case IPR2014‐00279
`Patent 6,324,463 B1
`___________
`
`Patent Owner’s Demonstrative Exhibits for Oral Hearing
`
`1
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`SUBARU OF AMERICA, INC., TOYOTA MOTOR NORTH AMERICA, INC., FORD MOTOR
`COMPANY, JAGUAR LAND ROVER NORTH AMERICA LLC, and VOLVO CARS OF
`NORTH AMERICA LLC,
`Petitioner,
`
`v.
`
`CRUISE CONTROL TECHNOLOGIES LLC,
`Patent Owner.
`___________
`
`Case IPR2014‐00279
`Patent 6,324,463 B1
`___________
`
`Patent Owner’s Demonstrative Exhibits for Oral Hearing
`
`1
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`Instituted Anticipation Grounds
`• Ground A: JP S58‐52708 (“Mizuno”) anticipates claims
`1‐3, 5, 12‐14, 18, 21, 25, 26 and 34‐36; and
`• Ground B: JP H8‐220118 (“Miura”) anticipates claims
`1, 2, 12‐16, 21, 25‐27 and 29‐31.
`
`2
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`Mizuno –“Digital” Embodiment
`
`3
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`‘463 Patent –Claim 2
`2. A cruise control system for a variable speed vehicle controlled by a human
`operator, comprising:
`(a) a speed controller for automatically maintaining the vehicle at a
`substantially constant cruising speed selected by the operator;
`enabling and disabling the controller;
`(c) a set speed input in communication with the controller for selecting
`the cruising speed of the vehicle when the controller is enabled;
`(d) a memory that stores information representative of the selected
`cruising speed; and
`(e) a feedback system that substantially continuously communicates the
`selected cruising speed information to the operator of the vehicle until either the
`operator selects a subsequent cruising speed or the controller is disabled.
`
`(b) a cruise control enable switch associated with the controller for
`
`4
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`Mizuno’s “key switch” is not a “cruise control
`enable switch”
`• Mizuno’s only discussion of “key switch”
`“Now, if the key switch of the vehicle is turned on, the power source
`is supplied to the electric system of Figure 1, the microcomputer (1A)
`is power‐on reset in controller (1), and the process starts from the
`step 11 of the program.” (Ex. 1004, p. 4)
`“This display continues while the key switch is turned onregardless
`of whether under speed control or not.” (Ex. 1004, p. 5)
`“To sum up the operation of this device, first, the initial value
`‘80km/H’ is displayed on the display device 6C by turning onthe key
`switch.” (Ex. 1004, p. 5)
`“Moreover, in order to continue to store the memory of the set value
`VM, during the off timeof the key switch, a backup power supply can
`be provided only to RAM.” (Ex. 1004, p. 7)
`“In this way, by having the set value VM non‐volatile to the off
`operationof the key switch, a temporary stop when the speed is
`under control occurs, which is advantageous in the case of resuming
`the speed control at the same target speed again afterwards.” (Ex.
`1004, p. 7)
`
`•
`
`•
`
`•
`
`•
`
`•
`
`5
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`‘463 Patent –Claim 21
`21. A method for indicating to a human operator of a vehicle having a cruise
`control system a preset speed for which the cruise control system is set, the
`method comprising:
`engaging the cruise control system;
`setting the preset speed;
`displaying to the operator a symbol indicative of the preset speed;
`maintaining the display of the symbol indicative of the preset speed;
`discontinuing display of the symbol indicative of the preset speed after
`the cruise control system is deactivated or a new preset speed is selected; and
`indicative of an unset state of the preset speed.
`
`after the cruise control system is deactivated, displaying a symbol
`
`6
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`Can a display that is off display anything?
`• “unset state” means “a state in which there is no preset
`speed for the cruise control system” (Paper 19, pp. 7‐8)
`• According to Petition, when “key switch” is off, display
`device 6C is off which is a “displaying a symbol indicative of
`an unset state of the preset speed” (Pet. at 31)
`
`7
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`Can a display that is off display anything?
`• According to Petition, the “flashing lamp” of Mizuno is
`“displaying a symbol indicative of an unset state of the
`preset speed” (Pet. at 31‐32)
`• But, if the key switch is off, then the lamp is off
`• McNamara, ¶49 discusses different types of possible
`flashing sequences (“many different design choices known
`during the Period…”)
`
`8
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`‘463 Patent –Claim 26
`26. A cruise control system for a variable speed vehicle controlled by a human
`operator, comprising:
`a speed controller for automatically maintaining the vehicle at a substantially
`constant preset speed;
`a set speed input in communication with the controller for selecting the preset
`speed;
`a memory device operable to store information representative of the preset speed;
`speed of the vehicle; and
`second visual display apparatus operable to display the visual information
`indicative of an operation status of the speed controller, wherein the visual
`information displayable by the second visual display apparatus includes visual
`information indicative of the preset speed.
`
`first visual display apparatus operable to display the indicative of the actual
`
`9
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`“First visual display” is not inherent in Mizuno
`• Arguments in Petition:
`“All vehicles included speedometers that displayed actual speed.”
`(Pet. at 33, citing McNamara, ¶61)
`• Not tied to Mizuno in any way
`“Mizuno discloses the drawbacks of a driver having to increase or
`decrease the preset cruise speed by pressing an acceleration or
`deceleration switch and waiting for the actual display to change
`to the driver’s targeted value.” (Pet. at 33, citing McNamara, ¶60)
`• Refers to Mizuno’s discussion of Kokokureference and safety issues with
`using one hand to press switches and the other hand to steer
`• No discussion of speedometers or speed display
`“[I]nherentin this disclosure [regarding Kokoku] is a display of
`the actual speed for the driver to read” (Pet. at 33)
`• Even if inherent, would only be inherent to Kokoku’ssystem, not Mizuno’s
`
`•
`
`•
`
`•
`
`10
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`Miura
`
`11
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`‘463 Patent –Claim 2
`2. A cruise control system for a variable speed vehicle controlled by a human
`operator, comprising:
`(a) a speed controller for automatically maintaining the vehicle at a
`substantially constant cruising speed selected by the operator;
`enabling and disabling the controller;
`(c) a set speed input in communication with the controller for selecting
`the cruising speed of the vehicle when the controller is enabled;
`(d) a memory that stores information representative of the selected
`cruising speed; and
`(e) a feedback system that substantially continuously communicates the
`selected cruising speed information to the operator of the vehicle until either the
`operator selects a subsequent cruising speed or the controller is disabled.
`
`(b) a cruise control enable switch associated with the controller for
`
`12
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`Miura’s “ignition switch” is not a “cruise control
`enable switch”
`• “In the input port of this CPU (20) is connected to the
`ignition switch SW (21) which is the switch for
`controlling the engine start and stop” (Miura, ¶0019)
`• Petition’s sole allegation that Miura’s ignition switch is
`for “disabling the controller”
`• McNamara, ¶67: “One of ordinary skill in the art would
`have known that the ability to turn an ignition switch off to
`remove power from the cruise control system was inherent
`in every vehicle. When power is turned off in Miura, the
`preset speed display turns off.”
`• Statement regarding “one of ordinary skill in the art” not in any
`way related to Miura
`• Statement regarding Miura only refers to the “preset speed
`display” not “the controller,” as claimed
`
`13
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`‘463 Patent –Claim 16
`15. The method of claim 13, further comprising:
`before setting the preset speed, activating the
`cruise control system; and
`after activating the cruise control system, but
`before setting the preset speed, indicating to the
`operator the unset status of the preset speed.
`16. The method of claim 15,
`the operator.
`
`wherein indicating the unset status of the
`preset speed includes displaying a visual symbol to
`
`14
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`Allegations in Petition based on Incorrect Reading
`of Claim 16
`• Petition alleges: “Miura discloses a symbol indicative of an
`unset state of the preset speed after the cruise control
`system is deactivatedbecause the LEDs are off by having
`power removed when the ignition switch is turned off”
`(Pet. at 53‐54) (emphasis added)
`• But, in claim 16, the cruise control system is activated(see claim
`15), not deactivated
`• 21(f): “after the cruise control system is deactivated, displaying a
`symbol indicative of an unset state of the preset speed”
`
`15
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`‘463 Patent –Claim 21
`21. A method for indicating to a human operator of a vehicle having a cruise
`control system a preset speed for which the cruise control system is set, the
`method comprising:
`engaging the cruise control system;
`setting the preset speed;
`displaying to the operator a symbol indicative of the preset speed;
`maintaining the display of the symbol indicative of the preset speed;
`discontinuing display of the symbol indicative of the preset speed after the cruise
`control system is deactivated or a new preset speed is selected; and
`
`after the cruise control system is deactivated, displaying a symbol indicative
`of an unset state of the preset speed.
`
`16
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`Can a display that is off display anything
`• Petition alleges: “Miura discloses a symbol indicative
`of an unset state of the preset speed after the cruise
`control system is deactivated because the LEDs are off
`by having power removed when the ignition switch is
`turned off” (Pet. at 53‐54) (emphasis added)
`• A vehicle completely without power cannot “display”
`anything
`• “off” LEDs are not “a symbol”
`
`17
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`‘463 Patent –Claim 31
`29. The cruise control system of claim 26,
`wherein the first visual display apparatus comprises an analog
`speedometer including a speed indicator operably disposed
`adjacent an indicator dial; and
`wherein the second visual display apparatus comprises a
`plurality of individual visual indicators, wherein each of said
`individual visual indicators is associated with a particular vehicle
`speed, and wherein each of said individual visual indicators is
`operable between and "on" condition and an "off" condition.
`31. The cruise control system of claim 29, wherein the individual
`visual indicators are disposed on the indicator dial of the analog
`speedometer.
`
`18
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`Miura’s LEDs are not “disposed on” the dial face
`• Petition alleges that Miura’s LEDs are the claimed “plurality
`of visual indicators”
`• McNamara, ¶73: “The overall effect is a set of visual indicators
`(LEDs)that are each associated with a particular vehicle speed
`and operable between an ‘on’ and an ‘off’ condition.”
`
`• LEDs are on speed display panel 15, not “disposed on” dial
`face 14
`
`19
`
`Cruise Control Technologies LLC - Exhibit
`2004 - Subaru v. CCT - IPR2014-00279
`
`
`
`Respectfully submitted,
`John Kasha, Kasha Law
`Lead Counsel for Patent Owner
`
`Cruise Control Technologies LLC - Exhibit 2004 -
`Subaru v. CCT - IPR2014-00279
`
`
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