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 IPR2014‐00289
`Patent 6,324,463 B1
`___________
`
`Patent Owner’s Demonstrative Exhibits for Oral Hearing
`
`1
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`___________
`
`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 IPR2014‐00289
`Patent 6,324,463 B1
`___________
`
`Patent Owner’s Demonstrative Exhibits for Oral Hearing
`
`1
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Instituted Anticipation Grounds
`• Ground A: Claims 13, 18, and 25‐27 under 35 U.S.C. §
`102 as anticipated by Yoshimitsu;
`• Ground B: Claims 12 and 13 under 35 U.S.C. §102 as
`anticipated by Yagihashi;
`
`2
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`‘463 Patent –Claim 13
`13. 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:
`setting the preset speed;
`speed;
`maintaining the display of the symbol indicative of the preset
`speed; and
`discontinuing display of the symbol indicative of the preset when
`the cruise control system is deactivated or a new preset speed is
`selected.
`
`displaying to the operator a symbol indicative of the preset
`
`3
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Petition’s allegations regarding “a symbol
`indicative of the preset speed”
`• “radiator (32b) corresponding to the set vehicle speed of
`the display element (32a) flashes, indicating that in the
`vicinityof 80 km/h is the set vehicle speed” Ex. 1007,
`AHM00575
`
`4
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`‘463 Patent –Claim 18
`18. 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:
`setting the preset speed;
`displaying to the operator a symbol indicative of the preset speed while maintaining the
`vehicle speed at substantially the preset speed;
`maintaining the display of the symbol indicative of the preset speed;
`braking the vehicle;
`upon braking the vehicle, discontinuing maintaining the vehicle speed at substantially the
`preset speed while keeping data corresponding to the preset speed in a memory device; and
`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.
`
`5
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Petition’s allegations regarding Claim 18
`• Petition relies on a combination of embodiments of Yoshimitsuand its
`discussion of a prior art device (Pet. at 18‐21)
`
`6
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Petition’s allegations regarding Claim 18
`• For all of the “braking” limitations of Claim 18, Petitioner cites only to
`Yoshimitsu’sdiscussion of “Prior Art” (Ex. 1007, p. 3)
`
`7
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`a speed controller for automatically maintaining the vehicle at a
`
`‘463 Patent –Claim 26
`26. A cruise control system for a variable speed vehicle controlled by a human
`operator, comprising:
`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;
`first visual display apparatus operable to display the indicative of the actual 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.
`
`8
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Petition’s allegations regarding Claim 26
`• Petition relies on a combination of embodiments of Yoshimitsuand its
`discussion of a prior art device (Pet. at 22‐24)
`
`9
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`‘463 Patent –Claim 27
`27. The cruise control system of claim 26, wherein the
`visual information displayed by the second visual display
`apparatus includes information reflecting whether the
`at the cruising speedat the time the display is made.
`
`speed controller is operating to maintain the vehicle
`
`10
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Petition’s allegations regarding Claim 27
`• A “blinking” set vehicle speed does not provide any “information
`reflecting whether the speed controller is operating to maintain the
`vehicle at the cruising speed” –blinking does not indicate “on” or “off”
`
`11
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`‘463 Patent –Claim 12
`12. 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:
`determining the speed at which the vehicle is traveling;
`activating the cruise control system at a desired cruising speed;
`displaying a symbol indicative of the speed at which the cruise control
`system is activated;
`temporary acceleration or deceleration of the vehicle;
`removing said symbol when the cruise control system is deactivated or a
`new cruising speed is selected.
`
`maintaining the activated cruise control speed symbol upon
`
`12
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Petition’s allegations regarding Claim 12
`• Light‐emitting parts D1 and D2 are not the “activated cruise control
`speedsymbol” and can only change brightness, color or blinking (Ex.
`1005, ¶[0061])
`
`13
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Instituted Obviousness Grounds
`• Ground C: Claims 1, 2, 12, 14, 15, 27, and 34‐36 under
`35 U.S.C. §103 as unpatentableover Yoshimitsuand
`the 300zx Manual
`
`14
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`No evidence that Yoshimitsu’sPrior Art and 300zx
`Manual are same cruise control system
`• Alleged motivation to combine: “both appear to
`describe the same Nissan cruise control system…as
`evidenced by the displays in the two references (see
`Yoshimitsu, Figure 3; 300zx Manual, Figure SC308).”
`Pet. at 26 (emphasis in original)
`• YoshimitsuPrior Art system did not display set vehicle
`speed (“with the conventional cruise control unit, when
`setting manipulation was performed for cruise control, or
`when this set status was temporarily released after setting,
`this set vehicle speed was not displayed.” Ex. 1007,
`AHM00571)
`• Even if displays are similar, no evidence that Yoshimitsu
`“Prior Art” system is the Nissan cruise control system
`
`15
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`‘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;
`(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 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 informationto the operator of the vehicle until either the
`operator selects a subsequent cruising speed or the controller is disabled.
`
`16
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Petition’s allegations regarding Claim 2
`“radiator (32b) corresponding to the set vehicle speed of the display
`element (32a) flashes, indicating that in the vicinityof 80 km/h is the
`set vehicle speed” Ex. 1007, AHM00575
`
`•
`
`17
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Instituted Obviousness Grounds
`• Ground D: Claims 19 and 20 under 35 U.S.C. §103 as
`unpatentableover Yoshimitsuand Nagashima; and
`
`18
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`‘463 Patent –Claim 19
`19. 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.
`
`19
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Petition’s allegations regarding Claim 19
`
`20
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Petition’s allegations regarding Claim 19
`• Radiator 32b is not “indicative of the preset speed”
`• Petition cites Yoshimitsu: “(3) Since the display changes as, for
`example, the flashing time differs during and after the setting
`manipulation, attention of the driver will increase.” (Pet. at 41)
`“During and after the setting” –not related to display “at the time
`after braking”
`• Petition cites Nagashima: “the cruise control is temporally released,
`and indicators(31) blink” (Pet. at 41)
`• Blinking all indicatorsis not a “symbol indicative of the preset speed”
`
`•
`
`21
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Instituted Obviousness Grounds
`• Ground E: Claims 1‐5, 14, 26‐28, and 34‐36 under 35
`U.S.C. §103 as unpatentableover Yagihashiand
`Yoshimitsu.
`
`22
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`‘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;
`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 enabling
`
`23
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Petition’s allegations regarding Claim 2
`• Petition alleges that speed setting switch 39 of Yagihashiis both the
`“cruise control enable switch” and the “set speed input,” but switch 39
`does not “enable” and “disable” the speed controller
`
`24
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`‘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;
`first visual display apparatus operable to display the indicative of the actual speed
`of the vehicle; and
`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
`
`25
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Petition’s allegations regarding Claim 26
`• Light emitting part D2 is not part of the second digital display part 57
`
`26
`
`Cruise Control Technologies LLC - Exhibit
`2002 - Subaru II v. CCT - IPR2014-00289
`
`
`
`Respectfully submitted,
`John Kasha, Kasha Law
`Lead Counsel for Patent Owner
`
`Cruise Control Technologies LLC - Exhibit
`2002 – Subaru II v. CCT - IPR2014-00289
`
`
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