UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`Filed:
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`May 12, 1999
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`Issued:
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`November 27, 2001
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`Inventor: C. Kumar N. Patel
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`Assignee: Cruise Control Technologies LLC
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`Title:
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`CRUISE CONTROL INDICATOR
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`____________
`
`DECLARATION OF DAVID A. McNAMARA
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 6,324,463 UNDER 37 C.F.R. § 42.100
`
`I, David A. McNamara, hereby declare, affirm and state the following:
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`Introduction
`1.
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`The facts set forth below are known to me personally, and I have
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`
`
`I.
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`firsthand knowledge of them.
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`2.
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`I make this Declaration in support of a Petition for Inter Partes
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`Review of U.S. Patent No. 6,324,463 (the “’463 Patent).
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`1
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`3.
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`I have been retained by Kilpatrick, Townsend & Stockton LLP on
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`behalf of Nissan North America, Inc.
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`4.
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`I have been asked to provide my technical review, analysis, insights,
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`and opinions regarding the above-noted references that form the basis for the
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`grounds of rejection set forth in the Petition for Inter Partes Review of the ’463
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`Patent (“Petition”).
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`II. Qualifications and Compensation
`5.
`I am the founder, President, and a consultant for McNamara
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`Technology Solutions LLC. I work with clients in the areas of active safety (e.g.,
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`mmWave radar based systems), automotive electrical/electronics systems and their
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`user interfaces, and automotive wireless technology.
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`6.
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`Between 1995 and 2000, as the design manager, I launched the
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`industry’s first Adaptive Cruise Control (ACC) technology, the Jaguar ACC
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`system in 2000, for which members of my team received the Henry Ford
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`Technology Award.
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`7.
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`In October 1998, I authored a paper that addressed, among other
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`things, Human-Machine Interfaces (HMIs) for various automotive systems,
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`including Adaptive Cruise Control systems. See Exhibit 3, David A McNamara et
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`al., Automotive Obstacle Detection Systems: A Survey of Design Requirements &
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`2
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`Petitioner Nissan - Exhibit 1010 Page 2
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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
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`been a critical element of the design of automotive systems where the safety and
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`ease of use of the interface has been paramount. Some of the products for which I
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`was responsible as a design manager and as a product engineer include automotive
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`instrumentation, audio systems, navigation systems, Adaptive Cruise Control, and
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`digital connectivity products.
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`10. Examples of innovative user interface developments on which I
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`worked as a product engineer and/or as a design manager include the following: (i)
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`integrated control panel for the 1996 Ford Taurus, which integrated radio controls
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`and climate controls in a single panel; (ii) voice controls for the (1999) Jaguar S-
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`Type; and (iii) new digital media connectivity products, including, for example, the
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`2006 Jaguar audio connectivity module as explained in greater detail below.
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`11. At Ford, I led a key project called MyConnected World for the Jaguar,
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`Land Rover and Volvo brands from 2003-2005CY. The team conducted extensive
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`market research and designed user interfaces, software and evaluation prototypes
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`to explore approaches to seamlessly integrate iPod, MP3 and video players. This
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`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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`12. Cruise control system interfaces were widely available well before the
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`early 1990s. These systems included well-known user interface design practices as
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`well as design elements used in everyday automotive instrumentation.
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`13. Attached as Attachment A to this declaration is my curriculum vitae.
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`As shown in my curriculum vitae, I have devoted my career to the field of
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`automotive electronics. I earned my Bachelor of Science degree in Electrical
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`Engineering from the University of Michigan in 1973 and my Master of
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`Engineering degree in Solid State Physics from the University of Florida in 1976.
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`14. Further, as shown in my curriculum vitae, I have professional and
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`academic experience in the field of automotive electronics and transportation
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`systems acquired over a career spanning 37 years. In particular, during this period,
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`I worked and otherwise interacted with professionals and students of various
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`experience and expertise levels in the automotive electronics field. For example, I
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`have been involved in the development and integration of various motor vehicle
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`technologies. I also have conducted extensive research on motor vehicle interfaces
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`to permit the safe and easy integration of new electronic devices within a motor
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`vehicle environment.
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`15. Recently, I worked on new active safety technologies to include
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`vehicle-to-vehicle (V2V) wireless communications for collision warning. These
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`new safety applications require new approaches to the user interface to warn the
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`driver of collision in difficult conditions such as crossing intersections, okay-to-
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`pass, and electronic brake lamp.
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`16.
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`I also am an active member of the Society of Automotive Engineers
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`and the Institute of Electrical and Electronics Engineers (IEEE), and I have been an
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`invited speaker to various conferences, including the Telematics Update Events
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`5
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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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`17.
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`I am a named inventor on five U.S. patents (U.S. Patent Nos.
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`4,377,851; 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 complete list of my experience and credentials is included in
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`the copy 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.
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`I am being compensated at the rate of $300 per hour for my work in
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`connection with this matter. This is my standard rate for this type of consulting
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`activity. My compensation in this matter is not dependent in any way on the
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`contents of this Declaration, the substance of any further opinions or testimony that
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`I may provide, or the ultimate 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
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`also reviewed several prior art references.
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`23. For convenience, all of the information that I considered in preparing
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`this declaration are listed in Exhibit 4.
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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
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`field for purposes of the ’463 Patent is control systems and their display
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`capabilities.
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`25.
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`I have been informed that relevant time period of the alleged
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`invention is on or before May 12, 1998 (the “Period”). Well before May 12, 1998,
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`the cruise control systems described in the ’463 Patent were well known, many
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`7
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`aspects of which the ’463 Patent acknowledges in the BACKGROUND OF THE
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`INVENTION section.
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`26.
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`I have been personally familiar with cruise control systems since
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`1976, a time during which cruise control systems of the type described in the ’463
`
`Patent were in use in the U.S. and overseas. Further, I worked on adaptive cruise
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`control beginning in or around 1993.
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`27. The majority of the claim limitations in the ’463 Patent are drawn to
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`prior art concepts that the ’463 Patent acknowledges were known in the art during
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`the Period. The remaining claim limitations are drawn to specific variations of
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`user 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
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`large (both in terms of number of competitors and their market caps), highly
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`sophisticated, competitive, and international in scope. As a result, research and
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`development were well funded, and design and engineering of all aspects of
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`vehicles were 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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`8
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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)).
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`29. These design choices were well scrutinized, and each was understood
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`as a 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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`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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`9
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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
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`obvious. I have been informed that anticipation of a claim requires that every
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`element of a claim is disclosed expressly or inherently in a single prior art
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`reference, arranged 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
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`claim be obvious from the perspective of a person of ordinary skill in the relevant
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`art, at the time the invention was made. In analyzing obviousness, I have been
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`informed that it is important to understand the scope of the claims, the level of skill
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`in the relevant art, the scope and content of the prior art, the differences between
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`the prior art and the claims, and any secondary considerations. I also have been
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`informed that a claim of a patent is obvious if it is directed to a structure already
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`known in the prior art that is altered by the mere substitution of one element for
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`another known in the field, and the combination yields only a predictable result,
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`unless other evidence shows that the claim would not have been obvious.
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`33.
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`In proceedings before the USPTO, I have been informed that the
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`claims of an unexpired patent are to be given their broadest reasonable
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`interpretation in view of the specification from the perspective of one skilled in the
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`art. I have been informed that the ’463 Patent has not expired. In comparing the
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`10
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`claims of the ’463 Patent to the known prior art, I have carefully considered the
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`’463 Patent and the ’463 Patent prosecution history based upon my experience and
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`knowledge in the relevant field. In my opinion, the broadest reasonable
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`interpretation of the claim terms of the ’463 Patent is generally consistent with the
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`terms’ ordinary and customary meaning, as one skilled in the relevant field would
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`understand them. For purposes of this proceeding, I have applied the following
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`constructions when analyzing the prior art and the claims. Because I have been
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`informed that the claim construction standard in this proceeding differs from that
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`used in U.S. district court litigation, nothing herein should be taken as an
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`indication that I consider these constructions in the table below to control in a
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`district court setting, and I reserve the right to offer opinions that different
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`constructions are correct under the claim constructions standards applicable in any
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`district court litigation.
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`Claims
`
`Term
`
`1
`
`21
`
`1, 2
`2, 4
`
`15
`
`
`
`
`Construction
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`“operating the cruise control system to
`automatically control the vehicle at the preset
`speed”
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`“turning on” and “turned on”, respectively
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`“engaging the
`system” and
`“engaging the cruise
`control system”
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`“enabling” and
`“enabled”
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`“unset status of the
`preset speed” and
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`“a state or status in which there is no preset speed
`for the cruise control system”
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`11
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`Claims
`
`Term
`
`21
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`“unset state of the
`preset speed”
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`12, 15
`
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`“activating the
`cruise control”
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`12–13,
`21
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`“deactivated”
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`
`Construction
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`“turning on the cruise control”
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`“turned off”
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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
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`underlying the ’463 Patent were (i) cruise control systems and (ii) the components
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`for displaying information to a user; e.g., using numerical and/or digital displays,
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`lit or 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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`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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`
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`12
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`37. The ’463 Patent, in the BACKGROUND OF THE INVENTION
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`section, acknowledges that providing such information in connection with a cruise
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`control system was well known: “That is, while the cruise control feature offers the
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`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, 1:14-18 (emphasis added); see also id. at 1:63-64 (“visual feedback
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`indicating whether the cruise control system is enabled”)). The automotive
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`industry, during the Period, had a wealth of design experience related to products
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`with significant human interfaces.
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`38. The ’463 Patent further acknowledges that prior art cruise control
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`systems stored information that is displayed to a user: “Further, the conventional
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`cruise control system is provided with a memory function that stores the set control
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`speed.” (Id. at 1:26-27.)
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`39. A non-exhaustive list of the concepts acknowledged by the ’463
`
`Patent to have been well known during the Period is as follows (“Admitted Prior
`
`Art” or “APA”):
`
`(1) a cruise control system with a controller (id. at 1: 47-55) that can
`be turned “on” or “off” (id. at 1:43-45);
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`(2) a button that “turn[s] on the cruise control system” (id. at 1:18-
`20);
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`
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`13
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`(3) a cruise control system that is either engaged or not engaged (id.
`at 1:45-47);
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`(4) a button that “engage[s], or set[s], the cruise control” (id. at 1:23-
`25);
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`(5) a “memory function that stores the set control speed” (id. at 1:26-
`27);
`
`(6) “applying the brakes to temporarily slow down temporarily
`disengages the cruise control function” (id. at 1:28-29);
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`(7) a “‘resume’” button to resume cruise control after disengaging it
`(id. at 1:30-32);
`
`(8) a system that allows the vehicle to be accelerated without
`disengaging the cruise control (id. at 1:32-37; 4:6-10 (“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. at 1:42-
`60);
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`(10) “visual feedback indicating whether the cruise control system is
`enabled” (id. at 1:63-64);
`
`(11) A main display or speedometer showing actual speed (id. at 2:13-
`30 (discussing operator’s knowledge of actual speed); and
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`(12) Providing information to a driver (operator) about the operation
`of the cruise control system (id. at 1:14-18 (“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.”).
`
`14
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`40. Specifically, the following limitations are the only limitations in the
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`’463 Patent directed to subject matter not expressly acknowledged as prior art in
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`the ’463 Patent:
`
`Claim Language
`
`A method for visually communicating to the human operator of a
`vehicle having a cruise control system a cruising speed at which the
`vehicle is set, comprising:
`A method for indicating to a human operator of a vehicle having a cruise
`control system a preset speed for which the cruise control system is set,
`the method comprising:
`A method for indicating to a human operator of a vehicle having a cruise
`control system a preset speed for which the cruise control system is set,
`the method comprising:
`A method for indicating to a human operator of a vehicle having a cruise
`control system a preset speed for which the cruise control system is set,
`the method comprising:
`A method for indicating to a human operator of a vehicle having a cruise
`control system a preset speed for which the cruise control system is set,
`the method comprising:
`a feedback system for communicating said information in said memory
`to the operator of the vehicle.
`a feedback system that substantially continuously communicates the
`selected cruising speed information to the operator of the vehicle until
`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;
`
`15
`
`Claim
`Element
`12.
`
`13.
`
`18.
`
`21.
`
`25.
`
`[1(e)]
`
`[2](e)
`
`[12(c)]
`
`[13(b)]
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`
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`Petitioner Nissan - Exhibit 1010 Page 15
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`
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`[18(b)]
`
`[21(c)]
`[25(b)]
`[26(e)]
`
`[34](e)
`
`[34(g)]
`
`displaying to the operator a symbol indicative of the preset speed while
`maintaining the vehicle speed at substantially the preset speed;
`displaying to the operator a symbol indicative of the preset speed;
`displaying to the operator a symbol indicative of the preset speed;
`second visual display apparatus operable to display the visual
`information indicative of an operation status of the speed controller,
`wherein the visual information displayable by the second visual display
`apparatus includes visual information indicative of the preset speed.
`second visual display apparatus operable to display the visual
`information indicative of an operation status of the speed controller,
`wherein the visual information displayable by the second visual display
`apparatus includes visual information indicative of the preset speed;
`operating the second visual display apparatus to indicate the active
`status of the cruise control device.
`[13(c)] maintaining the display of the symbol indicative of the preset speed; and
`[18(c)] maintaining the display of the symbol indicative of the preset speed;
`[21(d)] maintaining the display of the symbol indicative of the preset speed;
`[12(d)] maintaining the activated cruise control speed symbol upon temporary
`acceleration or deceleration of the vehicle;
`[25(d)] maintaining the display of the symbol indicative of the preset speed
`while the vehicle is at the speed above the preset speed.
`a feedback system that substantially continuously communicates the
`selected cruising speed information to the operator of the vehicle until
`either the operator selects a subsequent cruising speed or the controller
`is disabled.
`removing said symbol when the cruise control system is deactivated or a
`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.
`
`[2](e)
`
`[12(e)]
`
`[13(d)]
`
`
`
`16
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`Petitioner Nissan - Exhibit 1010 Page 16
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`

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`
`
`[21(e)]
`
`[6](e)
`
`[18(e)]
`
`3.
`
`4.
`
`7.
`
`8.
`
`9.
`
`10.
`
`
`
`discontinuing display of the symbol indicative of the preset speed after
`the cruise control system is deactivated or a new preset speed is
`selected; and
`a feedback system that detects the position of the speed indicating
`needle when the cruising speed of the vehicle is selected and that
`substantially continuously communicates the position of the needle
`corresponding to that cruising speed until either the operator selects a
`new cruising speed or the controller is disabled.
`at a time after braking and during which time the vehicle is not being
`maintained at substantially the preset speed, displaying to the operator a
`symbol indicative of the preset speed.
`The cruise control system of claim 2, wherein the feedback system
`includes a digital display.
`The cruise control system of claim 3, wherein the digital display
`displays a predetermined signal when the controller is initially enabled
`to indicate the state of the controller.
`The cruise control system of claim 6, wherein the feedback system
`further comprises a bank of light emitting diodes arranged along a
`portion of the speed dial, each diode positioned to correspond to a given
`speed indication on the dial, and wherein one of the diodes in the bank
`emits light corresponding to the selected cruising speed.
`The cruise control system of claim 7, wherein the feedback system
`further includes one light emitting diode detector arranged adjacent to
`each diode in the bank of light emitting diodes, and a light reflective
`surface on a portion of the side of the speed indicating needle that faces
`the bank of diodes and that sweeps over the bank of diodes.
`The cruise control system of claim 8, wherein said feedback system
`determines the relative position of the speed indicating needle when the
`cruising speed is selected by detecting reflections from one of the light
`emitting diodes off the reflective surface of the needle received by an
`adjacent light emitting diode detector.
`The cruise control system of claim 8 wherein the bank of light emiting
`[sic] diodes is activated when the enable switch is initially enabled.
`17
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`
`
`11.
`
`14.
`
`36.
`
`17.
`
`22.
`
`23.
`
`24.
`19.
`
`The cruise control system of claim 9 wherein the feedback system
`activates one of the light emitting diodes closest to the needle when said
`enable switch is enabled.
`The method of claim 13, further comprising: displaying a second symbol
`upon the selection of a new preset speed, said second symbol indicative
`of the new preset speed
`The method of claim 35, further comprising: operating the cruise control
`device to change the preset speed from a first preset speed to a second
`preset speed; operating the second visual display apparatus to display
`visual information indicative of the second preset speed.
`The method of claim 16, wherein the visual symbol indicating the unset
`status of the preset speed comprises a blinking “0”.
`The method of claim 21, wherein the symbol indicative of the unset
`state of the preset speed is a “0”.
`The method of claim 21, wherein the symbol indicative of the unset
`state of the preset speed is a blinking numerical indicator.
`The method of claim 22, wherein the “0” is a blinking “0”.
`The method of claim 18, wherein the symbol indicative of the preset
`speed displayed at the time after braking and during which time the
`vehicle is not being maintained at substantially the preset speed, is
`distinguishable by the operator from the symbol indicative of the preset
`speed while the vehicle is being maintained at substantially the preset
`speed.
`The method of claim 19, wherein the symbol indicative of the preset
`speed displayed at the time after braking and during which time the
`vehicle is not being maintained at substantially the preset speed is in the
`form of a blinking numerical indicator.
`The cruise control system of claim 26, wherein the visual information
`displayed by the second visual display apparatus includes information
`reflecting whether the speed controller is operating to maintain the
`vehicle at the cruising speed at the time the display is made.
`The cruise control system of claim 26, wherein the second visual display
`apparatus comprises a digital numerical indicator.
`[29(b)] wherein the second visual display apparatus comprises a plurality of
`18
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`20.
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`27.
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`28.
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`Petitioner Nissan - Exhibit 1010 Page 18
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`30.
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`31.
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`33.
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`individual visual indicators, wherein each of said individual visual
`indicators is associated with a particular vehicle speed, and wherein each
`of said individual visual indicators is operable between and “on”
`condition and an “off” condition.
`The cruise control system of claim 29, wherein the individual visual
`indicators include a plurality of LEDs.
`The cruise control system of claim 29, wherein the individual visual
`indicators are disposed on the indicator dial of the analog speedometer.
`at least one detector operable to detect the position of the speed indicator
`at a predetermined time; and
`The cruise control system of claim 32, further comprising: reflective
`material disposed on the speed indicator and configured to reflect light
`emitted by at least one of the individual visual indicators onto at least
`one of the detectors.
`
`41. Therefore, according to the specification of the ’463 Patent, the
`
`[32(a)]
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`essential features of the claimed inventions are (i) displaying preset speed to a
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`driver and (ii) providing information that indicates whether the speed of the vehicle
`
`is under cruise control. These are specific examples of design and ergonomic
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`choices in connection with cruise control systems that were available since the
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`1980s and early 1990s as supported by the following discussion..
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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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`19
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`Petitioner Nissan - Exhibit 1010 Page 19
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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 to Suzuki)).) The only speed control
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`reference cited (U.S. Pat. No. 4,132,284 to Tomecek) was an early analog, speed
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`control reference filed in 1976. (Ex. 1002, pp. 87–98.) And the first limitation
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`listed in the Notice of Allowability is “a feedback system detecting position of a
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`speed indicating needle and substantially continuously communicating selected
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`cruising speed information stored in a memory to an operator of the vehicle.” (Id.
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`at pp. 145-148.)
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`X. Grounds of Unpatentability in view of Prometheus
`43. Prometheus (attached to the Petition as Ex. 1003) was published in
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`1991 and predates the aforementioned Period. Prometheus, therefore, anticipates
`
`and/or renders obvious claims 1-3, 5, 12-14, 18-19, 25-27, 29-31, and 34-36 of the
`
`’463 Patent.
`
`44. Generally, the PROMETHEUS Project (PROgraMme for a European
`
`Traffic of Highest Efficiency and Unprecedented Safety) was a large scale research
`
`and development (R&D) project from 1987 to 1995. This R&D project was
`
`sponsored and funded by EUREKA, an intergovernmental organization for pan-
`
`European research and development funding and coordination that involved the
`
`leading European automotive manufacturers which included the following:
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`
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`20
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`Petitioner Nissan - Exhibit 1010 Page 20
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`
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`Daimler Benz, Jaguar, Matra, Opel, PSA, Renault, SAAB and Volvo. A key goal
`
`was to improve safety and mobility by enhancing speed control as well as many
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`other electronic control/warning systems on the cars and trucks. The Prometheus
`
`project’s Common European Demonstrator Autonomous Intelligent Cruise Control
`
`(“AICC”), described by the April 11, 1991 project work plan, discloses several
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`automotive systems for indicating the operational status and a preset speed of a
`
`cruise control system. “Prometheus” will be used throughout this Declaration, as
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`short hand, to refer to the teachings and disclosures in the aforementioned work
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`plan.
`
`45. Specifically, Prometheus discloses an AICC system developed by
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`Renault, as well as other automotive manufacturer’s demonstrators, that regulates
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`the speed of a motor vehicle at a speed selected by the driver (“consign speed”)
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`and continuously displays to the driver the state of the system and the consign
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`speed. (See, e.g., Ex. 1003 at 105-07.)
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`21
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`Petitioner Nissan - Exhibit 1010 Page 21
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`46.
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`In addition to standard vehicle controls (e.g., brake (1) and accelerator
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`(2)), Prometheus goes on to teach a complete user interface, numerous displays and
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`other controls of the AICC system. (See, Id. at p. 105 (excerpt) & p. 108 (Fig. 1),
`
`(see below respectively).)
`
`47. Prometheus also teaches a dashboard display to continuously inform
`
`the driver about the system state and the consign speed. (Id. at 107; 110, Fig. 3
`
`(excerpted below).)
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`22
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`Petitioner Nissan - Exhibit 1010 Page 22
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`Figure 3 discloses a dashboard containing an analog speedometer about the dial of
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`which are arranged individual LEDs (identified within a solid box) corresponding
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`to speed markers on the dial. Of these, particular LEDs are lit green when the
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`AICC system is turned on and a consign speed is selected to begin speed
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`regulation. Consign speed is defined in this document “as the speed selected by
`
`the driver.” (See id. at p. 105).
`
`48. One of ordinary skill in the art would understand that the consign
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`speed using LEDs to indicate discrete speed intervals. The Renault dashboard
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`display, as disclosed in Prometheus, uses LEDs