UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`Patent:
`
`6,324,463
`
`Filed:
`
`May 12, 1999
`
`Issued:
`
`November 27, 2001
`
`Inventor: C. Kumar N. Patel
`
`Assignee: Cruise Control Technologies LLC
`
`Title:
`
`CRUISE CONTROL INDICATOR
`
`____________
`
`DECLARATION OF DAVID A. McNAMARA
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 6,324,463 UNDER 37 C.F.R. § 42.100
`
`I, David A. McNamara, hereby declare, affirm and state the following:
`
`Introduction
`1.
`
`The facts set forth below are known to me personally, and I have
`
`
`
`I.
`
`firsthand knowledge of them.
`
`2.
`
`I make this Declaration in support of a Petition for Inter Partes
`
`Review of U.S. Patent No. 6,324,463 (the “’463 Patent).
`
`
`
`1
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`
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`Subaru of America, Inc., et al.
`Ex. 1007 p. 1
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`

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`3.
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`I have been retained by DLA Piper LLP (US) on behalf of Subaru
`
`Motor of America, Inc.
`
`4.
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`I have been asked to provide my technical review, analysis, insights,
`
`and opinions regarding the above-noted references that form the basis for the
`
`grounds of rejection set forth in the Petition for Inter Partes Review of the ’463
`
`Patent (“Petition”).
`
`II. Qualifications and Compensation
`5.
`I am the founder, President, and a consultant for McNamara
`
`Technology Solutions LLC. I work with clients in the areas of active safety (e.g.,
`
`mmWave radar based systems), automotive electrical/electronics systems and their
`
`user interfaces, and automotive wireless technology.
`
`6.
`
`Between 1995 and 2000, as the design manager, I launched the
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`industry’s first Adaptive Cruise Control (ACC) technology, the Jaguar ACC
`
`system in 2000, for which members of my team received the Henry Ford
`
`Technology Award.
`
`7.
`
`In October 1998, I authored a paper that addressed, among other
`
`things, Human-Machine Interfaces (HMIs) for various automotive systems,
`
`including Adaptive Cruise Control systems. See Exhibit 3, David A McNamara et
`
`al., A Survey of Design Requirements & Vehicle Integration Systems, SAE
`
`Technical Paper Series, No. 98C021 (Oct. 19-21, 1998).
`
`
`
`2
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`
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`Subaru of America, Inc., et al.
`Ex. 1007 p. 2
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`

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`8.
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`I am the author of several automotive related reports related to the
`
`automotive implications of the Consumer Electronics Show and reports for clients
`
`such as Telematics Update; e.g., the Automotive Human-Machine Interface (HMI)
`
`Report (2012).
`
`9.
`
`Throughout my career, which began in 1976, user interfaces have
`
`been a critical element of the design of automotive systems where the safety and
`
`ease of use of the interface has been paramount. Some of the products for which I
`
`was responsible as a design manager and as a product engineer include automotive
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`instrumentation, audio systems, navigation systems, Adaptive Cruise Control, and
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`digital connectivity products.
`
`10. Examples of innovative user interface developments on which I
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`worked as a product engineer and/or as a design manager include the following: (i)
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`integrated control panel for the 1996 Ford Taurus, which integrated radio controls
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`and climate controls in a single panel; (ii) voice controls for the (1999) Jaguar S-
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`Type; and (iii) new digital media connectivity products, including, for example, the
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`2006 Jaguar audio connectivity module.
`
`11. At Ford, I led a key project called MyConnected World for the Jaguar,
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`Land Rover and Volvo brands from 2003-2005CY. The team conducted extensive
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`market research and designed user interfaces, software and evaluation prototypes
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`to explore approaches to seamlessly integrate iPod, MP3 and video players. This
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`
`
`3
`
`
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`Subaru of America, Inc., et al.
`Ex. 1007 p. 3
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`

`
`project resulted in the infotainment product, the Jaguar “Audio Connectivity
`
`module.” The connectivity module was launched in 2006 across all Jaguar/Land
`
`Rover brands as an option to allow drivers to, among other things, control an iPod
`
`using the vehicle’s existing vehicles controls located in Jaguar’s head unit. This
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`new infotainment product, the “Audio Connectivity module,” enabled drivers to
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`bring the latest digital music and video media into their vehicle and is now
`
`deployed across all Jaguar/Land Rover brands as an option. The MyConnected
`
`World project was a forerunner of the current popular Ford SYNC product, first
`
`announced by Ford and Microsoft at the 2007 Consumer Electronic Show.
`
`12. Cruise control system interfaces were widely available well before the
`
`early 1990s. These systems included well-known user interface design practices as
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`well as design elements used in everyday automotive instrumentation.
`
`13. Attached as Attachment A to this declaration is my curriculum vitae.
`
`As shown in my curriculum vitae, I have devoted my career to the field of
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`automotive electronics. I earned my Bachelor of Science degree in Electrical
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`Engineering from the University of Michigan in 1973 and my Master of
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`Engineering degree in Solid State Physics from the University of Florida in 1976.
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`14. Further, as shown in my curriculum vitae, I have professional and
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`academic experience in the field of automotive electronics and transportation
`
`systems acquired over a career spanning 37 years. In particular, during this period,
`
`
`
`4
`
`
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`Subaru of America, Inc., et al.
`Ex. 1007 p. 4
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`

`
`I worked and otherwise interacted with professionals and students of various
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`experience and expertise levels in the automotive electronics field. For example, I
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`have been involved in the development and integration of various motor vehicle
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`technologies. I also have conducted extensive research on motor vehicle interfaces
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`to permit the safe and easy integration of new electronic devices within a motor
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`vehicle environment.
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`15. Recently, I worked on new active safety technologies to include
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`vehicle-to-vehicle (V2V) wireless communications for collision warning. These
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`new safety applications require new approaches to the user interface to warn the
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`driver of collision in difficult conditions such as crossing intersections, okay-to-
`
`pass, and electronic brake lamp.
`
`16.
`
`I also am an active member of the Society of Automotive Engineers
`
`and the Institute of Electrical and Electronics Engineers (IEEE), and I have been an
`
`invited speaker to various conferences, including the Telematics Update Events
`
`(www.telematicsupdate.com), at which I interact with various members of the
`
`technical community. I participate in the annual Telematics Update Events-
`
`sponsored conferences called “Insurance Telematics,” during which I am apprised
`
`of recent developments in vehicle diagnostics, such as new monitoring approaches
`
`as applied to vehicle performance and driver behavior. I periodically publish
`
`reports on observed trends in automotive electronics, and also co-authored an
`
`
`
`5
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 5
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`

`
`invited paper for the Proceedings of the IEEE along with former Ford Research
`
`colleagues. I have contributed articles to the Intelligent Transport System (ITS)
`
`International Magazine (www.itsiternational.com), on Diagnostics/Prognostics and
`
`on the 2009 and 2012 Consumer Electronics Show (CES). I report on consumer
`
`trends and user interface technology impacting the automotive industry as part of
`
`my annual CES report, which has been published since 2007.
`
`17.
`
`I am a named inventor on five U.S. patents (U.S. Patent Nos.
`
`4,377,851; 4,446,447; 5,060,156; 5,003,801; and 6,175,803) that resulted from the
`
`development of products for high-volume production.
`
`18. A more complete list of my experience and credentials is included in
`
`the copy of my CV attached as Exhibit 1 to this Declaration.
`
`19. A listing of cases in which I have testified as an expert at trial or by
`
`deposition in the last four years is attached as Exhibit 2 to this Declaration.
`
`20. The rate for my work in connection with this matter is $300 per hour.
`
`This is my standard rate for this type of consulting activity. My compensation in
`
`this matter is not dependent in any way on the contents of this Declaration, the
`
`substance of any further opinions or testimony that I may provide, or the ultimate
`
`outcome of this matter.
`
`21.
`
`I have over 37 years of professional experience in the areas of control
`
`systems and their display capabilities.
`
`
`
`6
`
`
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`Subaru of America, Inc., et al.
`Ex. 1007 p. 6
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`

`
`III. Materials Considered
`22.
`I have reviewed the ’463 Patent and its file history. I have also
`
`reviewed several prior art references.
`
`23. For convenience, all of the materials that I considered in preparing
`
`this declaration are listed in Exhibit 4.
`
`IV. Description of the Relevant Field and the Relevant Timeframe
`24. Based upon my review of these materials, I believe that the relevant
`
`field of technology for purposes of the ’463 Patent is control systems and their
`
`display capabilities.
`
`25.
`
`I have been informed that relevant time period of the alleged
`
`invention is on or before May 12, 1998 (the “Period”). Well before May 12, 1998,
`
`the cruise control systems described in the ’463 Patent were well known, many
`
`aspects of which the ’463 Patent acknowledges in the BACKGROUND OF THE
`
`INVENTION section.
`
`26.
`
`I have personally familiar with cruise control systems since 1976, a
`
`time during which cruise control systems of the type described in the ’463 Patent
`
`were in use in the U.S. and overseas. Further, I worked on adaptive cruise control
`
`beginning in or around 1993.
`
`27. The majority of the claim limitations in the ’463 Patent are drawn to
`
`prior art concepts that the ’463 Patent acknowledges were known in the art during
`
`
`
`7
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 7
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`

`
`the Period. The remaining claim limitations are drawn to specific variations of
`
`user interfaces that were well known.
`
`V. Description of the Relevant Industry
`28. During the Period—and to this day—the automotive industry was
`
`large (both in terms of number of competitors and their market capitalization,
`
`highly sophisticated, competitive, and international in scope. As a result, research
`
`and development was well-funded, and design and engineering of all aspects of
`
`vehicles was highly sophisticated and comprised of cutting edge technology.
`
`Design choices for all systems associated with vehicles were plentiful. These
`
`design choices were, for example, presented to original equipment manufacturers
`
`(OEMs), suppliers, and the public. Many of the best practices were publicized in
`
`technical journals (e.g., IEEE, SAE (formerly known as, Society of Automotive
`
`Engineers), and Universities, such as, for example, University of Michigan
`
`Transportation Research Institute (UMTRI)) and were codified in industry wide
`
`specifications (e.g., International Standards Organization (ISO)).
`
`29. These design choices were well scrutinized, and each was understood
`
`as a variant that could be used interchangeably in various automotive systems; this
`
`included user interfaces for cruise control systems.
`
`
`
`8
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`
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`Subaru of America, Inc., et al.
`Ex. 1007 p. 8
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`

`
`VI. Level of Ordinary Skill in the Art
`30.
`It is my opinion based upon a review of the prior art, the ’463 Patent,
`
`and the prosecution history of the ’463 Patent that a person of ordinary skill in the
`
`art of control systems and their display capabilities at the time of the alleged
`
`invention would have had a bachelor’s degree in engineering or equivalent
`
`coursework and at least two years of experience in automotive control systems and
`
`user interfaces for vehicles. I have an understanding of the capabilities of a person
`
`of ordinary skill in the relevant field. I have supervised and directed many such
`
`persons over the course of my career. Further, I had the capabilities of a person of
`
`ordinary skill in the art during the Period.
`
`VII. My Understanding of Patent Law
`31.
`I have been informed that a claim is invalid if it is anticipated or
`
`obvious. I have been informed that anticipation of a claim requires that every
`
`element of a claim is disclosed expressly or inherently in a single prior art
`
`reference, arranged as in the claim.
`
`32.
`
`I have also been informed that obviousness of a claim requires that the
`
`claim be obvious from the perspective of a person of ordinary skill in the relevant
`
`art, at the time the invention was made. In analyzing obviousness, I have been
`
`informed that it is important to understand the scope of the claims, the level of skill
`
`in the relevant art, the scope and content of the prior art, the differences between
`
`
`
`9
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 9
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`

`
`the prior art and the claims, and any secondary considerations. I also have been
`
`informed that a claim of a patent is obvious if it is directed to a structure already
`
`known in the prior art that is altered by the mere substitution of one element for
`
`another known in the field, and the combination yields only a predictable result,
`
`unless other evidence shows that the claim would not have been obvious.
`
`33.
`
`In proceedings before the USPTO, I have been informed that the
`
`claims of an unexpired patent are to be given their broadest reasonable
`
`interpretation in view of the specification from the perspective of one skilled in the
`
`art. I have been informed that the ’463 Patent has not expired. In comparing the
`
`claims of the ’463 Patent to the known prior art, I have carefully considered the
`
`’463 Patent and the ’463 Patent prosecution history based upon my experience and
`
`knowledge in the relevant field. In my opinion, the broadest reasonable
`
`interpretation of the claim terms of the ’463 Patent is generally consistent with the
`
`terms’ ordinary and customary meaning, as one skilled in the relevant field would
`
`understand them. For purposes of this proceeding, I have applied the following
`
`constructions when analyzing the prior art and the claims. Because I have been
`
`informed that the claim construction standard in this proceeding differs from that
`
`used in U.S. district court litigation, nothing herein should be taken as an
`
`indication that I consider these constructions in the table below to control in a
`
`district court setting, and I reserve the right to offer opinions that different
`
`
`
`10
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 10
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`

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`constructions are correct under the claim constructions standards applicable in any
`
`district court litigation.
`
`Claims
`
`Term
`
`1
`
`21
`
`1, 2
`2, 4
`
`15
`
`21
`
`“engaging the
`system” and
`“engaging the cruise
`control system”
`
`“enabling” and
`“enabled”
`
`“unset status of the
`preset speed” and
`“unset state of the
`preset speed”
`
`12, 15
`
`
`“activating the
`cruise control”
`
`12–13,
`21
`
`“deactivated”
`
`
`Construction
`
`“operating the cruise control system to
`automatically control the vehicle at the preset
`speed”
`
`“turning on” and “turned on”, respectively
`
`“a state or status in which there is no preset speed
`for the cruise control system”
`
`“turning on the cruise control”
`
`“turned off”
`
`VIII. The ’463 Patent
`34. The ’463 Patent represents a simple combination of well-known user
`
`interface concepts: displaying information related to the operational status of a
`
`system.
`
`35. During the Period, the most basic and well-understood concepts
`
`underlying the ’463 Patent were (i) cruise control systems and (ii) the components
`
`for displaying information to a user; e.g., using numerical and/or digital displays,
`
`
`
`11
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 11
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`

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`lit or unlit or flashing visual indicators such as lamps and light emitting diodes
`
`(“LEDs”), and other similar components.
`
`36. Another basic and well-understood concept during the Period included
`
`providing information to the driver of a vehicle regarding the operation of the
`
`cruise control system. Information is provided to drivers—regardless of the
`
`system involved—via user interfaces.
`
`37. The ’463 Patent, in the BACKGROUND OF THE INVENTION
`
`section, acknowledges that providing such information in connection with a cruise
`
`control system was well known: “That is, while the cruise control feature offers the
`
`operator of a vehicle the benefit of speed control (machine) automation, it also
`
`requires significant human interface for its proper and safe operation.” (Ex. 1001,
`
`’463 Patent, c. 1, ll. 14-18 (emphasis added); see also id. c. 1, ll. 63-64 (“visual
`
`feedback indicating whether the cruise control system is enabled”)). The
`
`automotive industry, during the Period, had a wealth of design experience related
`
`to products with significant human interfaces.
`
`38. The ’463 Patent further acknowledges that prior art cruise control
`
`systems stored information that is displayed to a user: “Further, the conventional
`
`cruise control system is provided with a memory function that stores the set control
`
`speed.” (Id. c. 1, 26-27.)
`
`
`
`12
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 12
`
`

`
`39. A non-exhaustive list of the concepts acknowledged by the ’463
`
`Patent to have been well known during the Period is as follows (“Admitted Prior
`
`Art” or “APA”):
`
`(1) a cruise control system with a controller (id. c. 1, ll. 47-55) that
`can be turned “on” or “off” (id. c. 1, ll. 43-45);
`
`(2) a button that “turn[s] on the cruise control system” (id. c. 1, ll.
`18-20);
`
`(3) a cruise control system that is either engaged or not engaged (id.
`c. 1, ll. 45-47);
`
`(4) a button that “engage[s], or set[s], the cruise control” (id. c. 1, ll.
`23-25);
`
`(5) a “memory function that stores the set control speed” (id. c. 1,
`26-27);
`
`(6) “applying the brakes to temporarily slow down temporarily
`disengages the cruise control function” (id. c. 1, ll. 28-29);
`
`(7) a “‘resume’” button to resume cruise control after disengaging it
`(id. c. 1, ll. 30-32);
`
`(8) a system that allows the vehicle to be accelerated without
`disengaging the cruise control (id. c. 1, ll. 32-37; col. 4, ll. 6-10
`(“Further, if in the engaged state, the operator steps on the
`accelerator to momentarily (or longer) increase vehicular speed
`(for passing another vehicle or any other reason), the cruise
`control will remain engaged as is true of all systems today.”
`(emphasis added));
`
`(9) a system that switches modes (e.g., on/off or engaged/not-
`engaged) “based on human or machine intervention” (id. c. 1, ll.
`42-60);
`
`(10) “visual feedback indicating whether the cruise control system is
`enabled” (id. c. 1, ll. 63-64);
`
`
`
`13
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 13
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`

`
`(11) A main display or speedometer showing actual speed (id. c. 2, ll.
`13-30 (discussing operator’s knowledge of actual speed); and
`
`(12) Providing information to a driver (operator) about the operation
`of the cruise control system (c. 1, ll. 14-18 (“That is, while the
`cruise control feature offers the operator of a vehicle the benefit
`of speed control (machine) automation, it also requires
`significant human interface for its proper and safe operation.”).
`
`40. Specifically, the following limitations are the only limitations in the
`
`’463 Patent directed to subject matter not expressly acknowledged as prior art in
`
`the ’463 Patent:
`
`Claim
`Element
`12.
`
`13.
`
`18.
`
`21.
`
`25.
`
`[1(e)]
`
`[2](e)
`
`
`
`Claim Language
`
`A method for visually communicating to the human operator of a
`vehicle having a cruise control system a cruising speed at which the
`vehicle is set, comprising:
`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:
`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:
`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:
`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:
`a feedback system for communicating said information in said memory
`to the operator of the vehicle.
`a feedback system that substantially continuously communicates the
`selected cruising speed information to the operator of the vehicle until
`
`14
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 14
`
`

`
`[12(c)]
`
`[13(b)]
`[18(b)]
`
`[21(c)]
`[25(b)]
`[26(e)]
`
`[34](e)
`
`[34(g)]
`
`either the operator selects a subsequent cruising speed or the controller
`is disabled.
`displaying a symbol indicative of the speed at which the cruise control
`system is activated;
`displaying to the operator a symbol indicative of the preset speed;
`displaying to the operator a symbol indicative of the preset speed while
`maintaining the vehicle speed at substantially the preset speed;
`displaying to the operator a symbol indicative of the preset speed;
`displaying to the operator a symbol indicative of the preset speed;
`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.
`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;
`operating the second visual display apparatus to indicate the active
`status of the cruise control device.
`[13(c)] maintaining the display of the symbol indicative of the preset speed; and
`[18(c)] maintaining the display of the symbol indicative of the preset speed;
`[21(d)] maintaining the display of the symbol indicative of the preset speed;
`[12(d)] maintaining the activated cruise control speed symbol upon temporary
`acceleration or deceleration of the vehicle;
`[25(d)] maintaining the display of the symbol indicative of the preset speed
`while the vehicle is at the speed above the preset speed.
`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.
`removing said symbol when the cruise control system is deactivated or a
`
`[2](e)
`
`[12(e)]
`
`
`
`15
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 15
`
`

`
`new cruising speed is selected.
`discontinuing display of the symbol indicative of the preset when the
`cruise control system is deactivated or a new preset speed is selected.
`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
`a feedback system that detects the position of the speed indicating
`needle when the cruising speed of the vehicle is selected and that
`substantially continuously communicates the position of the needle
`corresponding to that cruising speed until either the operator selects a
`new cruising speed or the controller is disabled.
`at a time after braking and during which time the vehicle is not being
`maintained at substantially the preset speed, displaying to the operator a
`symbol indicative of the preset speed.
`The cruise control system of claim 2, wherein the feedback system
`includes a digital display.
`The cruise control system of claim 3, wherein the digital display
`displays a predetermined signal when the controller is initially enabled
`to indicate the state of the controller.
`The cruise control system of claim 6, wherein the feedback system
`further comprises a bank of light emitting diodes arranged along a
`portion of the speed dial, each diode positioned to correspond to a given
`speed indication on the dial, and wherein one of the diodes in the bank
`emits light corresponding to the selected cruising speed.
`The cruise control system of claim 7, wherein the feedback system
`further includes one light emitting diode detector arranged adjacent to
`each diode in the bank of light emitting diodes, and a light reflective
`surface on a portion of the side of the speed indicating needle that faces
`the bank of diodes and that sweeps over the bank of diodes.
`The cruise control system of claim 8, wherein said feedback system
`determines the relative position of the speed indicating needle when the
`cruising speed is selected by detecting reflections from one of the light
`emitting diodes off the reflective surface of the needle received by an
`adjacent light emitting diode detector.
`
`16
`
`
`
`[13(d)]
`
`[21(e)]
`
`[6](e)
`
`[18(e)]
`
`3.
`
`4.
`
`7.
`
`8.
`
`9.
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 16
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`

`
`10.
`
`11.
`
`14.
`
`36.
`
`17.
`
`22.
`
`23.
`
`24.
`19.
`
`20.
`
`27.
`
`28.
`
`
`
`The cruise control system of claim 8 wherein the bank of light emiting
`[sic] diodes is activated when the enable switch is initially enabled.
`The cruise control system of claim 9 wherein the feedback system
`activates one of the light emitting diodes closest to the needle when said
`enable switch is enabled.
`The method of claim 13, further comprising: displaying a second symbol
`upon the selection of a new preset speed, said second symbol indicative
`of the new preset speed
`The method of claim 35, further comprising: operating the cruise control
`device to change the preset speed from a first preset speed to a second
`preset speed; operating the second visual display apparatus to display
`visual information indicative of the second preset speed.
`The method of claim 16, wherein the visual symbol indicating the unset
`status of the preset speed comprises a blinking “0”.
`The method of claim 21, wherein the symbol indicative of the unset
`state of the preset speed is a “0”.
`The method of claim 21, wherein the symbol indicative of the unset
`state of the preset speed is a blinking numerical indicator.
`The method of claim 22, wherein the “0” is a blinking “0”.
`The method of claim 18, wherein the symbol indicative of the preset
`speed displayed at the time after braking and during which time the
`vehicle is not being maintained at substantially the preset speed, is
`distinguishable by the operator from the symbol indicative of the preset
`speed while the vehicle is being maintained at substantially the preset
`speed.
`The method of claim 19, wherein the symbol indicative of the preset
`speed displayed at the time after braking and during which time the
`vehicle is not being maintained at substantially the preset speed is in the
`form of a blinking numerical indicator.
`The cruise control system of claim 26, wherein the visual information
`displayed by the second visual display apparatus includes information
`reflecting whether the speed controller is operating to maintain the
`vehicle at the cruising speed at the time the display is made.
`The cruise control system of claim 26, wherein the second visual display
`apparatus comprises a digital numerical indicator.
`
`17
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 17
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`

`
`30.
`
`31.
`
`[29(b)] 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.
`The cruise control system of claim 29, wherein the individual visual
`indicators include a plurality of LEDs.
`The cruise control system of claim 29, wherein the individual visual
`indicators are disposed on the indicator dial of the analog speedometer.
`at least one detector operable to detect the position of the speed indicator
`at a predetermined time; and
`The cruise control system of claim 32, further comprising: reflective
`material disposed on the speed indicator and configured to reflect light
`emitted by at least one of the individual visual indicators onto at least
`one of the detectors.
`
`41. Therefore, according to the specification of the ’463 Patent, the
`
`[32(a)]
`
`33.
`
`essential features of the claimed inventions are (i) displaying preset speed to a
`
`driver and (ii) providing information that indicates whether the speed of the vehicle
`
`is under cruise control. These are specific examples of simple design and
`
`ergonomic choices in connection with garden variety cruise control systems.
`
`IX. Prosecution History of the ’463 Patent
`42. During the prosecution of the ’463 Patent, that the Examiner focused
`
`primarily upon prior art that disclosed display systems that included detection of
`
`the position of a speedometer needle. (See, e.g., Ex. 1002, p. 92 (“determining
`
`position of the needle by detecting reflections from the LEDs off the reflective
`
`surface.” (citing U.S. Pat. No. 5,949,346 to Suzuki)).) The only speed control
`
`
`
`18
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 18
`
`

`
`reference cited (U.S. Pat. No. 4,132,284 to Tomecek) was an early analog, speed
`
`control reference filed in 1976. (Ex. 1002, pp. 87–98.) And the first limitation
`
`listed in the Notice of Allowability is “a feedback system detecting position of a
`
`speed indicating needle and substantially continuously communicating selected
`
`cruising speed information stored in a memory to an operator of the vehicle.” (Id.
`
`pp. 145-148.)
`
`X. Grounds of Unpatentability in view of Mizuno
`43.
`Japanese patent application JP S58-52708 to Mizuno, which is
`
`attached to the Petition as Exhibit 1004 anticipates or renders obvious in view of
`
`the ordinary skill in the art at least claims 1–5, 12–14, 18–21, 23, 25–28, 34–36 of
`
`the ’463 Patent.
`
`44. At a general level, Mizuno discloses a cruise control system that,
`
`among other things, is powered on with a “key switch” (see, e.g., Ex. 1004, p. 3,
`
`5th para.; id. p. 4, 3d para.; id. Fig. 1.) When power is turned on, at least two sets
`
`of information are provided to the driver via a display/feedback system: (i) a digital
`
`“display device (6C)” of a preset speed (“preset speed display”) (see, e.g., id. p. 4,
`
`3d para.; id. p. 5, 8th para.), which indicates, for example, the active status of the
`
`cruise control device; and (ii) a lamp that flashes in different manners depending
`
`upon whether the speed of the vehicle is being controlled (“display lamp”), to
`
`indicate, for example, the operation status of the cruise control device.
`
`
`
`19
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 19
`
`

`
`45. Mizuno discloses that the display lamp is “set up on the control panel
`
`(6)” (Id., p. 5, last para; Fig. 1), and that it flashes in different manners depending
`
`upon whether the vehicle is under speed control (e.g., speed control is engaged):
`
`The value of said flag F can be used to indicate whether
`it is during the influence of speed control or not, and
`depending on the value, the flashing of the display lamp
`(for example, set up on the control panel (6) can be
`changed.
`
`(Id. p. 5, last para.)
`
`46. One of ordinary skill in the art would understand that one example
`
`would include a period slow flash when the vehicle is powered on and, after cruise
`
`control is set, the flashing would be a constant light.
`
`47. The display also includes another predetermined signal: the initial
`
`value of “80km/H” that is displayed by turning on the key switch. (Id. p. 4, 2d to
`
`last para.; id. p. 5, 8th para.)
`
`48. One of ordinary skill in the art would have understood that both the
`
`manner in which the display lamp flashes and the “80km/H” initial display are
`
`inherently predetermined because they would have been set before the controller is
`
`initially enabled (e.g., when the driver turns on the vehicle).
`
`49. One of skill in the art would have understood that Mizuno’s disclosure
`
`that “the flashing of the display lamp . . . can be changed” (id. p. 5, last para.
`
`(emphasis added)) to include many different design choices known during the
`
`
`
`20
`
`
`
`Subaru of America, Inc., et al.
`Ex. 1007 p. 20
`
`

`
`Period, including, but not limited to, the following: changing the time between the
`
`flashes and the length of the flashes (including maintaining the light as constantly
`
`lit or constantly unlit); changing the flashing pattern; changing the brightness of
`
`the flashes; and/or other similar manners that would have been known to one of
`
`ordinary skill in the art.
`
`50. One of ordinary skill in the art would