`In re Inter Partes Review of:
`U.S. Patent No. 6,324,463
`Issued: November 27, 2001
`Application No.: 09/310,527
`Filing Date: May 12, 1999
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`For: Cruise Control Indicator
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`FILED VIA PRPS
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`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 6,324,463
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`TABLE OF CONTENTS
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`Page
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`I.
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`II.
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`INTRODUCTION ........................................................................................... 1
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`REQUIREMENTS FOR A PETITION FOR INTER PARTES
`REVIEW .......................................................................................................... 1
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`A. Grounds for Standing (37 C.F.R. §§ 21.104(a) and 42.104(a)) ............ 1
`B.
`Notice of Lead and Backup Counsel and Service Information ............. 2
`C.
`Service Information Under 37 C.F.R. § 42.8(b)(4) ............................... 3
`D. Notice of Real-Parties-in-Interest.......................................................... 3
`E.
`Notice of Related Matters ..................................................................... 4
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`III.
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`IDENTIFICATION OF CLAIMS BEING CHALLENGED
`(§ 42.104(B)) ................................................................................................... 5
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`IV. BACKGROUND OF THE TECHNOLOGY AND THE
`PURPORTED INVENTION ........................................................................... 7
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`A. Admitted Prior Art and Background Technology ................................. 7
`B.
`The Purported Invention of the ’463 Patent .......................................... 8
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`V.
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`RELEVANT PROSECUTION HISTORY ..................................................... 9
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`VI. CLAIM CONSTRUCTION .......................................................................... 10
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`A.
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`B.
`C.
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`D.
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`“engaging the system” (claim 1) and “engaging the cruise
`control system” (claim 21) .................................................................. 10
`“enabling” (claims 1 and 2) and “enabled” (claims 2 and 4) .............. 11
`“unset status of the preset speed” (claim 15) and “unset state of
`the preset speed” (claim 21) ................................................................ 11
`“activating the cruise control” (claims 12 and 15) and
`“deactivated” (claims 12, 13, and 21) ................................................. 12
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`VII. PERSON HAVING ORDINARY SKILL IN THE ART ............................. 12
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`VIII. PRECISE REASONS FOR THE RELIEF REQUESTED ........................... 13
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`A. Ground 1: Claims 1-5, 12-16, 18-19, 21, 25-28 and 34-36 are
`anticipated by Japanese Patent Publication No. S60-174329 by
`Narita ................................................................................................... 13
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`B.
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`C.
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`Ground 2: Claims 17, 20, 22-24 and 27 Would Have Been
`Obvious Over Narita ........................................................................... 33
`Ground 3: Claims 17, 20, 22-24 and 27 Would Have Been
`Obvious Over Narita In View Of Beiswenger .................................... 35
`D. Ground 4: Claims 1-5, 12, 15, 34 Would Have Been Obvious
`Over Narita In View Of The Admitted Prior Art ................................ 36
`Ground 5: Claims 1-5, 12, 15, 34 Would Have Been Obvious
`Over Narita In View Of The NHTSA Report ..................................... 37
`Ground 6: claims 18-19, 26 and 29-31 are anticipated by
`Japanese Published Utility Application No. H4-102059 to
`Nagashima ........................................................................................... 39
`G. Ground 7: Claims 17, 20, 23-24 and 27 Would Have Been
`Obvious Over Narita In View Of Nagashima ..................................... 46
`H. Ground 8: Claim 20 Would Have Been Obvious Over
`Nagashima ........................................................................................... 47
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`E.
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`F.
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`IX. CONCLUSION .............................................................................................. 48
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`1001
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`1002
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`1003
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`1004
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`1005
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`1006
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`1007
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`1008
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`1009
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`1010
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`1011
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`Exhibit List
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`U.S. Patent No. 6,324,463 (“the ’463 Patent”)
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`File History for the ’463 Patent
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`Japanese Patent Publication No. S60-174329 by Narita et al.
`(“Narita”)
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`Certified English Translation of Narita
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`Affidavit of David Boldwin certifying Translation of Narita
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`U.S. Patent No. 5,381,388 by Beiswenger et al.
`(“Beiswenger”)
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`U.S. Department of Transportation, National Highway Traffic
`Safety Administration 1989 Report, “An Examination of
`Sudden Acceleration” by Pollard et al. (“NHTSA 1989
`Report”)
`
`Japanese Published Utility Application No. H4-102059 to
`Nagashima et al. (“Nagashima”)
`
`Certified English Translation of Nagashima
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`Affidavit of Lily Huberman certifying Translation of
`Nagashima
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`Declaration of Daniel A. Crawford in Support of Petition for
`Inter Partes Review
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`iii
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`I.
`
`INTRODUCTION
`
`On behalf of Ford Motor Company; Jaguar Land Rover North America
`
`LLC; Volvo Cars of North America LLC; Toyota Motor North America, Inc.;
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`American Honda Motor Co., Inc.; Nissan North America Inc.; Subaru of America
`
`Inc. (collectively, “Petitioners”) and in accordance with 35 U.S.C. § 311 and 37
`
`C.F.R. 42.100, inter partes review of claims 1-5, 12-31, and 34-36 of United States
`
`Patent No. 6,324,463 to Patel, titled “Cruise Control Indicator,” (hereinafter “the
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`’463 patent”) is hereby requested. This Petition establishes that Petitioners have a
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`reasonable likelihood of prevailing with respect to at least one of claims 1-5, 12-
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`31, and 34-36. A copy of the ’463 patent is provided as Ex. 1001.
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`II. REQUIREMENTS FOR A PETITION FOR INTER PARTES REVIEW
`
`A. Grounds for Standing (37 C.F.R. §§ 21.104(a) and 42.104(a))
`
`Petitioners certify that the ’463 patent is available for inter partes review
`
`and that Petitioners are not barred or estopped from requesting an inter partes
`
`review challenging claims 1-5, 12-31, and 34-36 of the ’463 patent on the grounds
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`identified herein. Petitioners certify that (1) no Petitioner is an owner of the ’463
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`Patent; (2) no Petitioner has filed a civil action challenging the validity of a claim
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`of the ’463 Patent; (3) this Petition is filed less than one year after the earliest date
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`on which the Petitioners, any of the Petitioner’s real party-in-interest, and/or any
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`privy of any Petitioner was served with a complaint alleging infringement of the
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`’463 Patent; (4) the estoppel provisions of 35 U.S.C. § 315(e)(1) do not prohibit
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`1
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`this inter partes review; and (5) this Petition is filed after the later of (a) the date
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`that is nine months after the date of the grant of the ’463 Patent or (b) the date of
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`termination of any post-grant review of the ’463 Patent.
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`B. Notice of Lead and Backup Counsel and Service Information
`
`Pursuant to 37 C.F.R. § 42.8(b)(3) and 42.10(a), Petitioners provide the
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`following designation of Lead and Back-Up counsel for Petitioners.
`
`BACK-UP COUNSEL
`Michael B. Eisenberg (Reg. No. 50,643)
`(michael.eisenberg@lw.com)
`Latham & Watkins LLP
`885 Third Avenue
`New York, NY 10022
`T: 212-906-1655, F: 212-751-4868
`BACK-UP COUNSEL
`John M. Caracappa (Reg. No. 43,532)
`(jcaracap@steptoe.com)
`Steptoe & Johnson LLP
`1330 Connecticut Ave. NW,
`Washington, DC 20036,
`T: 202-429-6267, F: 202-261-0597
`
`LEAD COUNSEL
`Matthew J. Moore (Reg. No. 42,012)
`(matthew.moore@lw.com)
`Latham & Watkins LLP
`555 Eleventh St., N.W., Suite 1000
`Washington, DC 20004
`T: 202-637-2278, F: 202-637-2201
`BACK-UP COUNSEL
`Matthew D. Satchwell (Reg.No. 58870)
`(matthew.satchwell@dlapiper.com)
`DLA Piper LLP (US)
`203 North LaSalle Street, Suite 1900
`Chicago, Illinois 60601
`T: 312-368-2111
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`2
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`BACK-UP COUNSEL
`Wab Kadaba (Reg. No. )
`(wkadaba@kilpatricktownsend.com)
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309-4528
`T: 404-532-6959, F: 404-541-3258
`
`
`BACK-UP COUNSEL
`William H. Mandir (Reg. No. 32,156)
`(wmandir@sughrue.com)
`Sughrue Mion PLLC
`2100 Pennsylvania Ave, NW
`Washington, DC 20037
`T: 202-293-7060, F: 202-293-7068
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`Pursuant to 37 C.F.R. § 42.10(b), Powers of Attorney accompany this
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`Petition.
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`C.
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`Service Information Under 37 C.F.R. § 42.8(b)(4)
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`Service information for lead and back-up counsel is provided in the
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`designation of lead and back-up counsel, above. Service of any documents via
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`hand-delivery may be made at the postal mailing addresses listed above.
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`Petitioners consent to electronic service by e-mail at cct-ipr.lwteam@lw.com.
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`D. Notice of Real-Parties-in-Interest
`
`The following is a list of Petitioners (and additional real parties-in-interest
`
`for each party in parentheses): Subaru of America Inc. (Fuji Heavy Industries Inc.);
`
`Toyota Motor North America, Inc. (Toyota Motor Corporation); American Honda
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`Motor Co., Inc. (Honda Motor Co., Ltd. and Honda Patents and Technologies
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`N.A., LLC); Nissan North America Inc.; Ford Motor Company; Jaguar Land Rover
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`North America, LLC; and Volvo Cars of North America, LLC.
`
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`3
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`

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`E. Notice of Related Matters
`
`Pursuant to 37 C.F.R. § 42.8(b)(2), Petitioners state that the ’463 Patent is
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`the subject of a series of patent infringement lawsuits brought by the assignee,
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`Cruise Control Technologies, LLC, each of which may affect, or be affected by, a
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`decision in this proceeding:
`
`Defendant
`
`American Honda Motor Co. Inc.
`
`Docket Number
`D. Del. 1:13cv82
`
`Filed
`01/15/2013
`
`Hyundai Motor America
`
`D. Del. 1:13cv84
`
`01/15/2013
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`Nissan North America Inc.
`
`D. Del. 1:13cv85
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`01/15/2013
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`Toyota Motor North America Inc.
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`D. Del. 1:13cv86
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`01/15/2013
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`Volkswagen Group of America Inc.
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`D. Del. 1:13cv87
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`01/15/2013
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`BMW of North America LLC
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`D. Del. 1:12cv1754 12/21/2012
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`Chrysler Group LLC
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`Ford Motor Company
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`General Motors LLC
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`D. Del. 1:12cv1755 12/21/2012
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`D. Del. 1:12cv1756 12/21/2012
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`D. Del. 1:12cv1757 12/21/2012
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`Jaguar Land Rover North America LLC D. Del. 1:12cv1758 12/21/2012
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`Mercedes-Benz USA LLC
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`D. Del. 1:12cv1759 12/21/2012
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`Porsche Cars North America Inc.
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`D. Del. 1:12cv1760 12/21/2012
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`Subaru of America Inc.
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`D. Del. 1:12cv1761 12/21/2012
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`Volvo Cars of North America LLC
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`The ’463 Patent is the subject of Ex Parte Reexamination, No. 90/012,841.
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`D. Del. 1:12cv1762 12/21/2012
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`Claim 2 of the ’463 patent stands rejected based on multiple obviousness grounds.
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`4
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`No other claims are subject to reexamination. The patentee has traversed the
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`obviousness rejections and submitted new claims 37 through 57.
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`The following proceeding relates to the ’463 Patent and has concluded: CCT
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`v. Audi of America, LLC, Case No. 1:12-cv-01753-GMS (D. Del.), filed December
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`21, 2012.
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`III.
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`IDENTIFICATION OF CLAIMS BEING CHALLENGED
`(§ 42.104(B))
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`Claims 1-5, 12-31, and 34-36 of the ’463 patent are challenged as
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`unpatentable under 35 U.S.C. § 102 and/or § 103 on the following grounds:
`
`Ground 1: Claims 1-5, 12-16, 18-19, 21, 25-28 and 34-36 Are
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`Anticipated By Japanese Patent Pub. No. S60-174329 by
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`Narita et al. (“Narita”) (Exhibits 1003-1005 for Japanese
`
`original, English translation, affidavit);
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`Ground 2: Claims 17, 20, 22-24 and 27 Would Have Been Obvious
`
`Over Narita;
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`Ground 3: Claims 17, 20, 22-24 and 27 Would Have Been Obvious
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`Over Narita In View Of U.S. Patent No. 5,381,388 by
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`Beiswenger et al. (“Beiswenger”) (Exhibit 1006);
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`Ground 4: Claims 1-5, 12, 15, 34 Would Have Been Obvious Over
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`Narita In View Of The Admitted Prior Art;
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`Ground 5: Claims 1-5, 12, 15, 34 Would Have Been Obvious Over
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`U.S. Department of Transportation, National Highway
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`Traffic Safety Administration 1989 Report, “An
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`Examination of Sudden Acceleration” by Pollard et al.
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`(“NHTSA Report”) (Exhibit 1007);
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`Ground 6: Claims 18-19, 26 and 29-31 Are Anticipated By Japanese
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`Published Application No. H4-102059 to Nagashima et
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`al. (“Nagashima”) (Exhibit 1008-1010 for Japanese
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`original, English translation, affidavit);
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`Ground 7: Claims 17, 20, 23-24 and 27 Would Have Been Obvious
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`Over Narita In View Of Nagashima; and
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`Ground 8: Claim 20 Would Have Been Obvious Over Nagashima.
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`Two references, Narita and Nagashima, are Japanese prior art references and they
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`are provided in their original, Japanese form as Exhibits 1003 and 1008,
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`respectively. Citations in the Petition are to their certified English translations:
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`Exhibit 1004 for Narita, and Exhibit 1009 for Nagashima. Pursuant to 37 C.F.R. §
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`42.63(b), affidavits at Exhibit 1005 and 1010 attest that a professional translator
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`and interpreter fluent in the English and Japanese languages translated Narita and
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`Nagashima, respectively.
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`IV. BACKGROUND OF THE TECHNOLOGY AND THE PURPORTED
`INVENTION
`
`A. Admitted Prior Art and Background Technology
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`The ’463 patent is directed to a “Cruise Control Indicator” for use with a
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`cruise control system. (Ex. 1001, Abstract). The indictor “indicat[es] the
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`operation status and parameters of [the] cruise control system.” (Id.)
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`The ’463 patent begins with a section entitled “Background of the
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`Invention,” which describes the state of the art prior to the purported invention.
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`That section of the patent comprises “admitted prior art” (“Admitted Prior Art” or
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`“APA”), which can be relied upon for both anticipation and obviousness. M.P.E.P.
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`§ 2129. Aspects of the admitted prior art systems include:
`
`(1)
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`a cruise control system for a vehicle having a human operator
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`(Ex. 1001, ’463 patent at 1:13-14);
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`(2)
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`a speed controller that automatically maintains the vehicle at a
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`preset speed (Id. at 1:15-16);
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`(3)
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`an enable switch associated with the controller for enabling the
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`system (Id. at 1:18-21);
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`(4)
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`a set speed input in communication with the controller for
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`manually setting the preset speed (Id. at 1:23-25);
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`(5)
`(6)
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`a memory that stores the preset speed (Id. at 1:26-28); and
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`a visual feedback indicating whether the cruise control system
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`is enabled (Id. at 1:63-64).
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`The Background section also describes prior art methods of using the cruise
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`control systems as including:
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`(1)
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`setting the cruise control speed at a desired cruise speed (Id. at
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`1:19-25);
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`(2)
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`braking the vehicle to discontinue the maintenance of the preset
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`speed while maintaining preset speed in memory (Id. at 1:27-
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`32); and
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`(3)
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`accelerating
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`the vehicle above
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`the preset speed while
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`maintaining the preset speed in memory (Id. at 1:32-34).
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`B.
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`The Purported Invention of the ’463 Patent
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`The ’463 patent purports to improve upon the admitted prior art systems and
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`methods by providing a persistent indication of the preset speed memorized by a
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`cruise control system. (Ex. 1001, ’463 patent at 2:38-43). The focus of the patent
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`is to visually indicate this set speed to the driver, even when the cruise control
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`system is not currently controlling vehicle speed (either because the driver pressed
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`the brake or accelerated the vehicle above the set speed). (Id. at 2:13-32). The
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`patent also describes indicating the status of the cruise control system to the driver,
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`including whether the system is currently maintaining the vehicle at the set cruise
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`control speed.
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`Most of the ’463 patent claims are dedicated to covering elements of the
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`Admitted Prior Art. For example, claim 1 has five elements, the first four of which
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`are Admitted Prior Art (APA Nos. 2 to 5). The balance of the claims are dedicated
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`to describing specific details regarding the set speed indicator. For example, some
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`claims require the set speed display to be digital (Fig. 1 below). Other claims
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`require the set speed to be indicated by a portion of lit LEDs in an array of LEDs
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`arranged around a traditional, analog speedometer (Fig. 2 below). Other details
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`covered by the claims concern how the set speed indicator operates to indicate the
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`status of the cruise control for various modes of operation.
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`’463 Patent Fig. 1
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`’463 Patent Fig. 2
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`V. RELEVANT PROSECUTION HISTORY
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`The file history of the ’463 patent is attached as Exhibit 1002. In the first
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`and only Office Action of September 7, 2000, various claims were objected to for
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`informalities, and rejected under 35 U.S.C. §112, ¶ 2 as indefinite. In addition,
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`claims 1-11 and 25-35 were rejected under 35 U.S.C. §102(e) as being anticipated
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`by U.S. Patent No. 5,949,346 to Suzuki et al. and claims 12-24 and 36 were
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`rejected under 35 U.S.C. §103(a) as unpatentable over Suzuki in view of U.S.
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`Patent No. 4,132,284 to Tomecek.
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`In response to the Office Action, the applicant amended claims 2, 6, 7, 12,
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`22, 24, 26, and 34 to address the claim informalities. The applicants also traversed
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`the prior art rejections by arguing that Suzuki does not disclose displaying the
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`speed stored by the cruise control system. Thereafter, the claims of the ’463 patent
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`were allowed in the Notice of Allowance issued on June 11, 2011.
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`VI. CLAIM CONSTRUCTION
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`A claim subject to Inter Partes Review is given its “broadest reasonable
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`construction in light of the specification of the patent in which it appears.” 37
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`C.F.R. § 42.100(b). This means that the words of the claim are given their plain
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`meaning from the perspective of one of ordinary skill in the art unless that meaning
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`is inconsistent with the specification. In re Zletz, 893 F.2d 319, 321 (Fed. Cir.
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`1989). Petitioners submit, for the purposes of Inter Partes Review only, that the
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`claim terms are presumed to take on their broadest reasonable interpretation in
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`light of the specification of the ’463 patent. Petitioners submit that the following
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`terms may need to be construed in connection with this IPR:
`
`A. “engaging the system” (claim 1) and “engaging the cruise
`control system” (claim 21)
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`The ’463 patent uses numerous terms to describe various states of the cruise
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`control system. Among them, the term “engaged” is used throughout the
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`specification to specifically describe an operating state of the cruise control system
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`to control the speed of vehicle to the preset speed. (See, e.g., Ex. 1001 at Fig. 4.)
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`For example, at column 5, lines 13-15, the ’463 patent discloses that when the
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`10
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`cruise control “is engaged,… the automobile accelerates to the preset speed.”
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`Furthermore, at column 1, lines 46-48, the ’463 patent describes a system “engaged
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`at a set speed” to mean “the car’s speed is automatically controlled at the
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`memorized speed.” Thus, based on its plain meaning in light of the specification,
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`one of ordinary skill in the art would consider “engaging the system” (claim 1) and
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`“engaging the cruise control system” (claim 21) to mean “operating the cruise
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`control system to automatically control the vehicle at the preset speed.”
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`B. “enabling” (claims 1 and 2) and “enabled” (claims 2 and 4)
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`The claims distinguish an “enabling” of the cruise control system from an
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`“engaging,” which is construed above. (See, e.g., id. at claim 1.) For example,
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`according to claim 1, the cruise control system is “enabl[ed]” by an enable switch
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`and “engag[ed]” by a set speed input. Furthermore, in claim 4, the controller is
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`“initially enabled” and, in claim 2, the cruising speed is selected “when the
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`controller is enabled.” The specification clearly uses the term “enabled” to mean a
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`“system on” state for the cruise control system. (See id. at column 4, lines 39-46.)
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`Thus, “enabling” means “turning on” and “enabled” means “turned on.”
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`C. “unset status of the preset speed” (claim 15) and “unset state
`of the preset speed” (claim 21)
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`The terms “status” and “state” are used interchangeably in the claims and are
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`therefore synonymous in the ’463 patent. (See, e.g., id. at claims 15 and 22.) As
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`such, “unset state” and “unset status” of the preset speed have the same meaning
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`11
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`for purposes of this proceeding, i.e., a state or status in which there is no preset
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`speed for the cruise control system.
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`D. “activating the cruise control” (claims 12 and 15) and
`“deactivated” (claims 12, 13, and 21)
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`Both claims 12 and 15 recite an “activating” of the cruise control system,
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`with claim 15 clearly using this term to mean a turning on of the cruise control
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`system (“before setting the preset speed, activating the cruise control system”).
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`(Id. at claim 15). Furthermore, the specification utilizes the term “activated” to
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`also refer to a turning on of the system (“When the cruise control system is first
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`activated, the preset display 16 will blink the number zero indicating an ‘unset’
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`state of the cruise control”). (Id. at column 4, lines 4-6). Accordingly, in light of
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`the specification and the plain meaning of this term, “activating the cruise control”
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`means “turning on the cruise control.” For similar reasons, “deactivated” as
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`recited in claims 12, 13, and 21 means “turned off.”
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`VII. PERSON HAVING ORDINARY SKILL IN THE ART
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`For purposes of this IPR, Petitioners assert that “a person of ordinary skill in
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`the art of control systems and their display capabilities at the time of the alleged
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`invention would have had a bachelor’s degree in engineering or equivalent
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`coursework and at least two years of experience in automotive control systems and
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`user interfaces for vehicles.” (See Declaration of Daniel A. Crawford in Support of
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`Petition for Inter Partes Review (“Crawford Decl.”), ¶ 19.)
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`12
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`VIII. PRECISE REASONS FOR THE RELIEF REQUESTED
`
`A. Ground 1: Claims 1-5, 12-16, 18-19, 21, 25-28 and 34-36 are
`anticipated by Japanese Patent Publication No. S60-174329 by
`Narita
`
`Japanese Unexamined Patent App. Pub. No. S60-174329 to Narita et al. was
`
`published September 6, 1985. Narita, therefore, is prior art to the claims of
`
`the ’463 patent under 35 U.S.C. §§ 102, 103. Narita was not disclosed or
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`considered during the prosecution of the ’463 patent. A certified translation of
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`Narita is provided as Exhibit 1004.
`
`INTRODUCTION
`
`Narita discloses two digital displays for use with a cruise control system.
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`Just as the ’463 patent discloses and claims, Narita describes a first speed indicator
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`for displaying the actual speed of the vehicle and a second speed indicator for
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`displaying a preset speed stored in memory.
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`DETAILED ANALYSIS OF THE DISCLOSURE
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`Narita describes a cruise control system, which it refers to as a “vehicle
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`speed automatic controlling device.” (Narita at 1.) The operation of Narita’s
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`cruise control system begins when the system is enabled via an enable switch.
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`Two different types of enable switches are disclosed. First, a “main switch” is
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`included to turn the cruise control system on and off. (Narita at 3 (“the operation
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`of the vehicle speed automatic control device begins with turning on the main
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`switch.”); Crawford Decl. ¶ 27.) The operation of the main switch is shown in Fig.
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`3, where the main switch is turned on after the car is already traveling at speed. To
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`the extent that the patentee argues that Narita’s “main switch” is insufficient to
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`meet the recitation “enable switch,” that recitation should still be deemed
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`anticipated by Narita based on the inherency of a vehicle’s ignition switch. An
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`ignition switch, whereby the vehicle is first turned on and off, is inherent to any
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`vehicle, and falls within the broadest reasonable construction of an enable switch.
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`(Crawford Decl. ¶ 28.) In other words, the cruise control system becomes enabled
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`when the car is turned on and disabled when the car is turned off.
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`The cruise control system of Narita includes a persistent preset speed
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`indicator precisely as described in the ’463 patent. In particular, Narita discloses a
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`speedometer 35 incorporated in the driver’s instrument panel. (Narita at 5 and Fig.
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`4.) The speedometer 35 includes two separate speed indications: “a digital actual
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`vehicle speed display unit 36 and a stored vehicle speed display unit 37.” (Narita
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`at 5; see also Narita at Figs. 4, 5, 6.) The stored vehicle speed display portion 37
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`provides a persistent indication of the stored preset speed during a number of
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`different modes of operation of the cruise control system. Fig. 5 of Narita
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`(reproduced in relevant part below) depicts speedometer 35 in six different states,
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`four of which are relevant to the analysis here:
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`(Annotated Portion of Fig. 5 of Narita)
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`
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`The first (leftmost) image depicts the speedometer 35 when the cruise
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`control system has been enabled (turned on), but before the cruise control system
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`has been engaged to control the vehicle’s speed. In other words, the first image
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`depicts an unset status of the cruise control system. In particular, the vehicle is
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`traveling at 68 km/hr and the cruise control system provides a dashed line
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`indicating that no set speed is currently stored within the cruise control system.
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`The dashed line comprises a predetermined signal when the controller is initially
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`enabled to indicate the state of the controller. (Crawford Decl. ¶ 33.)
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`The second image depicts the speedometer 35 when the cruise control
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`system is subsequently activated at a desired cruising speed using the “set switch
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`2.” (Narita at 5.) The image shows the vehicle moving at a cruising speed of 70
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`km/hr matching the stored vehicle speed of 70 km/hr. (Narita at 5 (“when turning
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`on the set switch 2 at the time t1 when reaching a speed of 70 km/hr, a constant
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`speed travel is initiated at a speed of 70 km/hr, and at the same time the stored
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`vehicle speed 70 km/hr is displayed on the stored vehicle speed display unit 37.”).)
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`Stored vehicle display unit 37, therefore, comprises a feedback system for
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`communicating the stored speed information from memory to the vehicle’s
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`operator.
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`The third image depicts the speedometer 35 when driver operates “the
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`accelerator pedal at the time t2.” (Id. at 6.) The actual vehicle speed indicator now
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`registers 75 km/hr while still displaying the preset speed at 70 km/hr. (Id.)
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`Therefore, the set speed of the cruise control system (cruise control speed symbol)
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`remains displayed during temporary acceleration.
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`Next, the fourth image depicts the system discontinuing the display of the
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`preset speed of 70 km/hr and replacing it with a new speed of 80 km/hr “when
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`turning the set switch 2 on and off again.” (Id.) The stored vehicle display unit 37
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`(feedback system), therefore, displays the stored set speed until the operator selects
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`a subsequent set speed.
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`Fig. 6 of Narita (reproduced in relevant part below) depicts five additional
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`states of speedometer 35, two of which are particularly relevant:
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`(Annotated Portion of Fig. 6 of Narita)
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`
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`Again, the second image depicts the cruise control system enabled, engaged and
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`controlling the cruising speed at 70 km/hr. Then, the fourth image shows that the
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`driver has depressed the brake and the actual speed has fallen to 55 km/hr;
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`however, the preset speed indicator still shows the stored speed of 70 km/hr.
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`Therefore, the set speed of the cruise control system (cruise control speed symbol)
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`remains displayed during temporary deceleration.
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`Finally, Fig. 7 of Narita (reproduced in relevant part below) depicts 5
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`additional states of speedometer 35, one of which is relevant to the analysis:
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`(Annotated Portion of Fig. 7 of Narita)
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`The third image in Fig. 7 shows the system “when the system is canceled due to
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`movement by the failsafe 10 for some reason after constant speed travel and
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`changes in the display of the actual vehicle speed display unit 36 and the stored
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`vehicle speed display unit 37.” (Id. at 7; see also id. at 5 (“The present invention is
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`a vehicle speed automatic control device that … wherein the vehicle speed
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`automatic control device is provided with a signal line that cancels the
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`corresponding stored vehicle speed display when the stored vehicle speed and the
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`controller is cleared.”).) The cancellation causes the cruise control to discontinue
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`its control of vehicle speed and display unit 37 now shows a dashed line instead of
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`a stored set speed. (Id. at Fig. 7.) The set speed display unit 37 (feedback system),
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`therefore, displays the stored set speed until the controller is disabled.
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`In addition to actual vehicle speed display unit 36, Narita also discloses an
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`“indicator” light called a “cruise lamp” that together with display unit 37
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`comprises a second visual display apparatus that informs the driver whether the
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`cruise controller is operating to maintain the vehicle at the set speed. (Narita at
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`Figs. 5-7.) The cruise lamp is illuminated when the cruise control system is
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`currently controlling vehicle speed. (Id.; see also id. at 3 (“a set signal is sent at
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`the time t1 in this state by the set switch 2 of the command switches [and] the
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`cruise lamp 17 illuminates.”); Crawford Decl. ¶ 32.) The cruise lamp is turned off
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`when the system is no longer controlling vehicle speed. (Id.; see also id. at 4
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`(“when operating a braking operation at the time t5 cancels the system and turns off
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`the cruise lamp 17”); Crawford Decl. ¶ 32.) The off state of the cruise lamp can be
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`seen, for example, in the annotated portion of Fig. 6 below, which indicates post-
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`braking behavior.
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`(Annotated Portion of Fig. 6 of Narita)
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`
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`The cruise lamp enables the driver to distinguish between a displayed preset speed
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`that is being maintained, and a displayed preset speed that is not being maintained.
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`Claim Element
`1. A cruise control system
`for vehicle having a
`human operator,
`comprising:
`[a] a speed controller that
`automatically maintains
`the vehicle speed at a
`preset speed;
`
`[b] an enable switch
`associated with said
`controller for enabling the
`system;
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`[c] a set speed input in
`communication with said
`controller for manually
`setting the speed of the
`vehicle at said preset
`speed, thereby engaging
`the system;
`[d] a memory which stores
`information indicative of
`said preset speed; and
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`CLAIM CHART
`
`Anticipation by Narita
`Narita discloses a “vehicle speed automatic control
`device that is used to automatically control travel
`speed of a vehicle to a certain set value.” Narita at 2;
`see also Fig. 4.
`Narita discloses “a vehicle speed automatic control
`device that includes an actuator that drives a throttle
`valve; a controller that sends a command to the
`actuator according to a difference between an actual
`vehicle speed and a stored vehicle speed; and a
`stored vehicle speed display unit that indicates the
`stored vehicle speed.” Narita at 5; see also Fig. 4.
`Narita discloses a “main switch.” Narita at Fig. 3.
`“[T]he operation of the vehicle speed automatic
`control device begins with turning on the main
`switch.” Id. at 3; see also id. at 5 (“FIG. 5 is a
`diagram illustrating display changes in the
`speedometer 35 according to operation of the
`command to switch after turning on power.”).
`Narita discloses that “when turning on the set switch
`2 at the time t1 when reaching a speed of 70 km/hr, a
`constant speed travel is initiated at a speed of 70
`km/hr, and at the same time the stored vehicle speed
`70 km/hr is displayed on the stored vehicle speed
`display unit 37.” Narita at 5; see also id. at Figs. 4,
`5.
`Narita discloses that the “A vehicle speed storage
`part that stores the vehicle speed when the set switch
`2 is operated is embedded in the microcomputer 9.”
`Narita at 2; see also id. at 5-6 (“[T]he vehicle speed
`displayed on the stored vehicle speed display unit 37
`is displayed by transferring (not illustrated) the
`vehicle speed recognized by the controller 7 to the
`controller 31 or it displays the vehicle speed
`recognized by the controller 31.”).
`
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`Claim Element
`[e] a feedback system for
`communicating said
`information in said
`memory to the operator of
`the vehicle.
`
`
`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;
`(b) a cruise control enable
`switch associated with the
`controller for enabling and
`disabling the controller;
`(c) a set speed input in
`communication with the
`controller for selecting the
`cruising speed of the
`vehic