UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
`
`AMERICAN HONDA MOTOR CO., INC.
`Petitioner
`
`v.
`
`CRUISE CONTROL TECHNOLOGIES LLC
`Patent Owner
`_______________
`
`Case: IPR2014-00289
`
`Patent 6,324,463
`_______________
`
`DECLARATION OF DAVID A. MCNAMARA
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`1
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`AMH00776
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`I, David A. McNamara, hereby declare, affirm and state the following:
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`I.
`1.
`
`Introduction
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`The facts set forth below are known to me personally, and I have firsthand
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`knowledge of them.
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`2.
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`I make this Declaration in support of a Petition for inter partes review of
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`U.S. Patent No. 6,324,463 (“the ’463 Patent”).
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`3.
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`I have been retained by Steptoe & Johnson LLP on behalf of American
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`Honda Motor Co., Ltd.
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`4.
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`I have been asked to provide my technical review, analysis, insights, and
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`opinions on the materials I have reviewed in this case related to the ’463 Patent,
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`including the references that form the basis for the grounds of rejection set forth in
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`the Petition for inter partes review of the ’463 Patent (“Petition”), and the
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`scientific and technical knowledge regarding the same subject matter before and
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`for a period following the Period, as defined in ¶ 25, below.
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`II. Qualifications and Compensation
`5.
`I am the founder, President, and a consultant for McNamara Technology
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`Solutions LLC. I work with clients in the areas of active safety (e.g., mmWave
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`radar based systems), automotive electrical/electronics systems and their user
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`interfaces, and automotive wireless technology.
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`2
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`AMH00777
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`6.
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`Between 1995 and 2000, as the design manager, I launched the industry’s
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`first Adaptive Cruise Control (ACC) technology, the Jaguar ACC system in 2000,
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`for which members of my team received the Henry Ford Technology Award.
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`7.
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`In October 1998, I authored a paper that addressed, among other things,
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`Human-Machine Interfaces (HMIs) for various automotive systems, including
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`Adaptive Cruise Control systems. See Exhibit 3, David A McNamara et al.,
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`Automotive Obstacle Detection Systems: A Survey of Design Requirements &
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`Vehicle Integration Issues, SAE Technical Paper Series, No. 98C021 (Oct. 19-21,
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`1998).
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`8.
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`I am the author of several automotive related reports related to the
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`automotive implications of the Consumer Electronics Show and reports for clients
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`such as Telematics Update; e.g., the Automotive Human-Machine Interface (HMI)
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`Report (2012).
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`9.
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`Throughout my career, which began in 1976, user interfaces have been a
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`critical element of the design of automotive systems where the safety and ease of
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`use of the interface has been paramount. Some of the products for which I was
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`responsible as a design manager and as a product engineer included automotive
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`instrumentation, audio systems, navigation systems, Adaptive Cruise Control, and
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`digital connectivity products.
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`3
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`AMH00778
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`10. Examples of innovative user interface developments on which I worked as a
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`product engineer and/or as a design manager include the following: (i) integrated
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`control panel for the 1996 Ford Taurus, which integrated radio controls and climate
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`controls in a single panel; (ii) voice controls for the (1999) Jaguar S-Type; and (3)
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`new digital media connectivity products, including, for example, the 2006 Jaguar
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`audio connectivity module as explained in greater detail.
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`11. At Ford, I led a key project called MyConnected World for the Jaguar, Land
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`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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`project resulted in the infotainment product, the Jaguar “Audio Connectivity
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`module.” The connectivity module was launched in 2006 across all Jaguar/Land
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`Rover brands as an option to allow drivers to, among other things, control an iPod
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`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
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`deployed across all Jaguar/Land Rover brands as an option. The MyConnected
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`World project was a forerunner of the current popular Ford SYNC product, first
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`announced by Ford and Microsoft at the 2007 Consumer Electronic Show.
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`4
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`AMH00779
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`12. Cruise control system interfaces were widely available well before the early
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`1990s. These systems included well-known user interface design practices as well
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`as design elements used in everyday automotive instrumentation.
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`13. Attached as Exhibit 1 to this declaration is my curriculum vitae. As shown
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`in my curriculum vitae, I have devoted my career to the field of automotive
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`electronics. I earned my Bachelor of Science degree in Electrical Engineering
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`from the University of Michigan in 1973 and my Master of Engineering degree in
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`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 academic
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`experience in the field of automotive electronics and transportation systems
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`acquired over a career spanning 37 years. In particular, during this period, I
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`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 vehicle-to-
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`vehicle (V2V) wireless communications for collision warning. These new safety
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`5
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`AMH00780
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`applications require new approaches to the user interface to warn the driver of
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`collision in difficult conditions such as crossing intersections, okay-to-pass, and
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`electronic brake lamp.
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`16.
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`I also am an active member of the Society of Automotive Engineers and the
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`Institute of Electrical and Electronics Engineers (IEEE), and I have been an invited
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`speaker to various conferences, including the Telematics Update Events
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`(www.telematicsupdate.com), at which I interact with various members of the
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`technical community. I participate in the annual Telematics Update Events-
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`sponsored conferences called “Insurance Telematics,” during which I am apprised
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`of recent developments in vehicle diagnostics, such as new monitoring approaches
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`as applied to vehicle performance and driver behavior. I periodically publish
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`reports on observed trends in automotive electronics, and also co-authored an
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`invited paper for the Proceedings of the IEEE along with former Ford Research
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`colleagues. I have contributed articles to the Intelligent Transport System (ITS)
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`International Magazine (www.itsiternational.com), on Diagnostics/Prognostics and
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`on the 2009 and 2012 Consumer Electronics Show (CES). I report on consumer
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`trends and user interface technology impacting the automotive industry as part of
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`my annual CES report, which has been published since 2007.
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`6
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`AMH00781
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`17.
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`I am a named inventor on five U.S. patents (U.S. Patent Nos. 4,377,851;
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`4,446,447; 5,060,156; 5,003,801; and 6,175,803) that resulted from the
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`development of products for high-volume production.
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`18. A more fulsome list of my experience and credentials is included in the copy
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`of my CV attached as Exhibit 1 to this Declaration.
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`19. A listing of cases in which I have testified as an expert at trial or by
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`deposition in the last four years is attached as Exhibit 2 to this Declaration.
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`20. The rate for my work in connection with this matter is $300 per hour. This
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`is my standard rate for this type of consulting activity. My compensation in this
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`matter is not dependent in any way on the contents of this Declaration, the
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`substance of any further opinions or testimony that I may provide, or the ultimate
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`outcome of this matter.
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`21.
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`I have over 37 years of professional experience in the areas of control
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`systems and their display capabilities.
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`III. Materials Considered
`22.
`I have carefully reviewed the ’463 Patent and its file history. I have also
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`reviewed several prior art references.
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`23. For convenience, all of the information that I considered in preparing this
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`declaration are listed in Exhibit 4.
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`7
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`AMH00782
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`IV. Description of the Relevant Field and the Relevant Timeframe
`24. Based upon my review of these materials, I believe that the relevant field for
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`purposes of the ’463 Patent is control systems and their display capabilities.
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`25.
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`I have been informed that relevant time period of the alleged invention is on
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`or before May 12, 1998 (the “Period”). Well before May 12, 1998, the cruise
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`control systems described in the ’463 Patent were well known, many aspects of
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`which the ’463 Patent acknowledges in its BACKGROUND OF THE
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`INVENTION section.
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`26.
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`I have personally familiar with cruise control systems since 1976, a time
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`during which cruise control systems of the type described in the ’463 Patent were
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`in use in the U.S. and overseas, and worked on adaptive cruise control beginning in
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`or around 1993.
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`27. The majority of the claim limitations in the ’463 Patent are drawn to prior art
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`concepts that the ’463 Patent acknowledges were known in the art during the
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`Period. The remaining claim limitations are drawn to specific variations of user
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`interfaces that were well known.
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`V. Description of the Relevant Industry
`28. During the Period—and to this day—the automotive industry was large
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`(both in terms of number of competitors and their market caps), highly
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`8
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`AMH00783
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`sophisticated, competitive, and international in scope. As a result, research and
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`development was well-funded, and design and engineering of all aspects of
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`vehicles was highly sophisticated and comprised of cutting edge technology.
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`Design choices for all systems associated with vehicles were plentiful. These
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`design choices were, for example, presented to original equipment manufacturers
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`(OEMs), suppliers, and the public. Many of the best practices were publicized in
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`technical journals (e.g., IEEE, SAE (formerly known as, Society of Automotive
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`Engineers), and Universities, such as, for example, University of Michigan
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`Transportation Research Institute (UMTRI)) and were codified in industry wide
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`specifications (e.g., International Standards Organization (ISO)).
`
`29. These design choices were well scrutinized, and each was understood as a
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`variant that could be used interchangeably in various automotive systems; this
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`included user interfaces for cruise control systems.
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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, ’463 Patent, and
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`prosecution history of the ’463 Patent that a person of ordinary skill in the art of
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`control systems and their display capabilities at the time of the alleged invention
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`would have had a bachelor’s degree in engineering or equivalent coursework and
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`at least two years of experience in automotive control systems and user interfaces
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`9
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`AMH00784
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`for vehicles. I have an understanding of the capabilities of a person of ordinary
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`skill in the relevant field. I have supervised and directed many such persons over
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`the course of my career. Further, I had the capabilities of a person of ordinary skill
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`in the art during the Period.
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`VII. My Understanding of Patent Law
`31.
`I have been informed that a claim is invalid if it is anticipated or obvious. I
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`have been informed that anticipation of a claim requires that every element of a
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`claim is disclosed expressly or inherently in a single prior art reference, arranged
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`as in the claim.
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`32.
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`I have also been informed that obviousness of a claim requires that the claim
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`be obvious from the perspective of a person of ordinary skill in the relevant art, at
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`the time the invention was made. In analyzing obviousness, I have been informed
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`that it is important to understand the scope of the claims, the level of skill in the
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`relevant art, the scope and content of the prior art, the differences between the prior
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`art and the claims, and any secondary considerations. I also have been informed
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`that a claim of a patent is obvious if it is directed to a structure already known in
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`the prior art that is altered by the mere substitution of one element for another
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`known in the field, and the combination yields only a predictable result, unless
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`other evidence shows that the claim would not have been obvious.
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`AMH00785
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`33.
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`In proceedings before the USPTO, I have been informed that the claims of
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`an unexpired patent are to be given their broadest reasonable interpretation in view
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`of the specification from the perspective of one skilled in the art. I have been
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`informed that the ’463 Patent has not expired. In comparing the claims of the ’463
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`Patent to the known prior art, I have carefully considered the ’463 Patent and the
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`’463 Patent prosecution history based upon my experience and knowledge in the
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`relevant field. In my opinion, the broadest reasonable interpretation of the claim
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`terms of the ’463 Patent is generally consistent with the terms’ ordinary and
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`customary meaning, as one skilled in the relevant field would have understood
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`them. For purposes of this proceeding, I have applied the following constructions
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`when analyzing the prior art and the claims. Because I have been informed that the
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`claim construction standard in this proceeding differs from that used in U.S.
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`district court litigation, nothing herein should be taken as an indication that I
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`consider these constructions in the table below to control in a district court setting,
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`and I reserve the right to offer opinions that different constructions are correct
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`under the claim constructions standards applicable in any district court litigation.
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`Claims
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`Term
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`Construction
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`“engaging the
`system” and
`“engaging the cruise
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`“operating the cruise control system to
`automatically control the vehicle at the preset
`speed”
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`11
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`1
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`21
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`Claims
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`Term
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`Construction
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`1, 2
`2, 4
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`15
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`21
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`control system”
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`“enabling” and
`“enabled”
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`“unset status of the
`preset speed” and
`“unset state of the
`preset speed”
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`“turning on” and “turned on”, respectively
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`“a state or status in which there is no preset speed
`for the cruise control system”
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`12, 15
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`“activating the
`cruise control”
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`“turning on the cruise control”
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`12–13,
`21
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`“deactivated”
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`“turned off”
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`
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`VIII. The ’463 Patent
`34. The ’463 Patent represents a simple combination of well-known user
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`interface concepts: displaying information related to the operational status of a
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`system.
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`35. During the Period, the most basic and well-understood concepts underlying
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`the ’463 Patent were (i) cruise control systems and (ii) the components for
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`displaying information to a user; e.g., using numerical and/or digital displays, lit or
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`unlit or flashing visual indicators such as lamps and light emitting diodes
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`(“LEDs”), and other similar components.
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`12
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`AMH00787
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`36. Another basic and well-understood concept during the Period included
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`providing information to the driver of a vehicle regarding the operation of the
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`cruise control system. Information is provided to drivers—regardless of the
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`system involved—via user interfaces.
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`37. The ’463 Patent, in its BACKGROUND OF THE INVENTION section,
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`acknowledges that providing such information in connection with a cruise control
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`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
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`requires significant human interface for its proper and safe operation.” (’463
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`Patent, c. 1, ll. 14-18 (emphasis added); see also id. c. 1, ll. 63-64 (“visual
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`feedback indicating whether the cruise control system is enabled”)). The
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`automotive industry, during the Period, had a wealth of design experience related
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`to products with significant human interfaces.
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`38. The ’463 Patent further acknowledges that prior art cruise control systems
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`stored information that is displayed to a user: “Further, the conventional cruise
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`control system is provided with a memory function that stores the set control
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`speed” (id. c. 1, 26-27).
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`13
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`AMH00788
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`39. A non-exhaustive list of the concepts acknowledged by the ’463 Patent to
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`have been well known during the Period is as follows (“Admitted Prior Art” or
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`“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);
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`14
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`(10)
`“visual feedback indicating whether the cruise control
`system is enabled” (id. c. 1, ll. 63-64);
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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.”).
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`40. Specifically, the following limitations are the only limitations in the ’463
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`Patent directed to subject matter not expressly acknowledged as prior art in the
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`’463 Patent:
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`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
`
`15
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`Claim
`Element
`12.
`
`13.
`
`18.
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`21.
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`25.
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`AMH00790
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`[1(e)]
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`[2](e)
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`[12(c)]
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`[13(b)]
`[18(b)]
`
`[21(c)]
`[25(b)]
`[26(e)]
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`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
`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
`
`[34](e)
`
`[34(g)]
`
`
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`16
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`AMH00791
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`[2](e)
`
`[12(e)]
`
`[13(d)]
`
`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
`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.
`17
`
`[21(e)]
`
`[6](e)
`
`[18(e)]
`
`3.
`
`4.
`
`7.
`
`
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`AMH00792
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`

`

`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.
`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
`18
`
`8.
`
`9.
`
`10.
`
`11.
`
`14.
`
`36.
`
`17.
`
`22.
`
`23.
`
`24.
`19.
`
`
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`AMH00793
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`

`

`20.
`
`27.
`
`28.
`
`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.
`[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 essential
`
`30.
`
`31.
`
`[32(a)]
`
`33.
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`features of the claimed inventions are (i) displaying preset speed to a driver and (ii)
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`providing information that indicates whether the speed of the vehicle is under
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`
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`19
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`AMH00794
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`cruise control. These are specific examples of simple design and ergonomic
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`choices in connection with garden variety cruise control systems.
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`IX. Prosecution History of the ’463 Patent
`42. During the prosecution of the ’463 Patent, that the Examiner focused
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`primarily upon prior art that disclosed display systems that included detection of
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`the position of a speedometer needle. See, e.g., Ex. 1002, p. 92 (“determining
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`position of the needle by detecting reflections from the LEDs off the reflective
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`surface.” (citing U.S. Pat. No. 5,949,346). The only speed control reference cited
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`(U.S. Pat. No. 4,132,284) was an early analog, speed control reference filed in
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`1976. (Ex. 1002, pp. 87–98.) And the first limitation listed in the Notice of
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`Allowability is “a feedback system detecting position of a speed indicating needle
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`and substantially continuously communicating selected cruising speed information
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`stored in a memory to an operator of the vehicle.” (Id. pp. 145-148.)
`
`X.
`43.
`
`Prior Art Analysis
`
`I now turn to the references applied in the grounds for rejections discussed in
`
`the Petition for inter partes review. In my analysis, I will specifically address the
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`following references:
`
`Reference
`No.
`JP-S60-161226
`1007
`1008 1984 Nissan 300zx Manual
`
`20
`
`
`
`Referred To As
`Yoshimitsu
`300zx Manual
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`AMH00795
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`1010
`1005
`
`JP-4-102059
`JP-A-H09-50582
`
`Nagashima
`Yagihashi
`
` Attached hereto as Exhibit 5 are claim charts addressing each of the above
`
`references, alone or in a combination with another reference. I have reviewed the
`
`charts in detail and incorporate the charts herein by reference.
`
`A. Yoshimitsu
`Japanese patent application JP-S60-161226 (“Yoshimitsu”), which is
`
`44.
`
`attached to the Petition as Exs. 1006 and 1007 anticipates or renders obvious (in
`
`view of the ordinary skill in the art or with other prior art references) at least
`
`claims 1–2, 12–15, 18-20, 25-27, and 34–36 of the ’463 Patent.
`
`45. At a general level, Yoshimitsu is directed a display device for a cruise
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`control unit. Yoshimitsu, p. 3, ll. 12-13. A main goal of Yoshimitsu is to provide
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`information regarding the preset speed to a driver when the cruise control system is
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`not engaged, for example, during braking. See Id., p. 3, ll. 19-20 and 33-36. To
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`achieve this goal, a light corresponding to the preset speed remains displayed even
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`after temporary release of the cruise control by braking and while the vehicle is
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`accelerated to a speed above the preset speed. Id., p. 3, ll. 19-22, 33-36; p. 6, ll. 4-
`
`7.
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`
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`21
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`46. The display of Yoshimitsu has two sections. In the first display section, the
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`travel speed is displayed. See, e.g., Yoshimitsu, p. 3, ll. 38-41; see also Figure 3.
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`In the second display, the constant travel speed set by the setting manipulation of
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`the occupant (preset speed) is displayed. Id. A display with a first display section
`
`and a second display section is shown in Figure 3. Element 31 refers to the first
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`display section, and element 32 refers to the second display section. The second
`
`display section 32 includes a display element 32b and a scale 33 that is a reference
`
`for determining the preset speed. See Figure 3, reproduced below.
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`
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`47.
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`In my opinion, what is being described is a digital display system consisting
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`of two sections: (1) an alphanumeric display of the actual vehicle speed and (2) a
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`section of LEDs with a scale that corresponds to the preset speed, wherein the
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`LEDs can indicate the status of the controller. For example, in Figure 3 of
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`Yoshimitsu, the lit LED 32b indicates that the speed controller is engaged
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`(operation status) at the corresponding speed on scale 33.
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`48. One of ordinary skill in the art would have understood that Yoshimitsu
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`discloses accelerating the vehicle to a speed above the preset speed. Specifically,
`22
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`Yoshimitsu discusses a situation where the preset speed has been set, as indicated
`
`by the preset speed indicator being turned on, and the vehicle speed is higher than
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`the set vehicle speed. Yoshimitsu, p. 6, ll. 4-7. The only way the vehicle speed
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`can be higher than the preset speed is by accelerating the vehicle.
`
`49. Yoshimitsu discloses “[a] cruise control unit” that “stores a desired set
`
`vehicle speed signal (speed signal which is set) in this control circuit, inputs the
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`actual vehicle speed during driving obtained by the speed sensor, and controls a
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`constant travel speed by comparing both signal.” Id., p. 3, ll. 15-18. One of
`
`ordinary skill in the art would have understood that Yoshi