STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`
`FORD MOTOR COMPANY
`Petitioner,
`
`v.
`
`PAICE LLC & ABELL FOUNDATION, INC.
`Patent Owner.
`
`______________
`
`
`U.S. Patent No. 7,104,347 to Severinsky et al.
`IPR Case No.: IPR2014-00579
`
`AND
`
`Patent No. 7,104,347 to Severinsky et al.
`IPR Case No.: IPR2014-00884
`
`______________
`
`
`
`
`
`NOTICE OF FILING FORD MOTOR COMPANY’S
`DEMONSTRATIVE EXHIBITS
`(GROUP 2)
`
`
`
`
`
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`
`FORD MOTOR COMPANY
`Petitioner,
`
`v.
`
`PAICE LLC & ABELL FOUNDATION, INC.
`Patent Owner.
`
`______________
`
`
`U.S. Patent No. 7,104,347 to Severinsky et al.
`IPR Case No.: IPR2014-00579
`
`AND
`
`Patent No. 7,104,347 to Severinsky et al.
`IPR Case No.: IPR2014-00884
`
`______________
`
`
`
`
`
`NOTICE OF FILING FORD MOTOR COMPANY’S
`DEMONSTRATIVE EXHIBITS
`(GROUP 2)
`
`
`
`
`
`
`Case No.: IPR2014-00579 & IPR2014-00884
`Attorney Docket No.: FPGP0101IPR3 & 0101IPR4
`
`
`
`Attached please find Ford’s demonstrative exhibits to be used at the trial
`
`hearing on July 1, 2015 in regard to Case Nos. IPR2014-00579 & IPR2014-00884
`
`(Group 2).
`
`
`
`
`
`
`
`Dated: June 29, 2015
`
`
`
`Respectfully submitted,
`
`
`
` /Frank A. Angileri/
`Frank A. Angileri (Reg. No. 36,733)
`BROOKS KUSHMAN P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48075
`(248) 358-4400
`
`Lissi Mojica (Reg. No. 63,421)
`Kevin Greenleaf (Reg. No. 64,062)
`DENTONS US LLP
`1530 Page Mill Road, Suite 200
`Palo Alto, CA 94304-1125
`650 798 0300
`
`Attorneys for Petitioner
`
`
`
`
`
`1
`
`
`
`Case No.: IPR2014-00579 & IPR2014-00884
`Attorney Docket No.: FPGP0101IPR3 & 0101IPR4
`
`Certificate of Service
`
`The undersigned hereby certifies that on June 29, 2015, a complete and
`
`entire copy of Notice Of Filing Ford Motor Company’s Demonstrative
`
`Exhibits (Group 2), was served via electronic mail by serving the correspondence
`
`email address of record as follows:
`
`LEAD COUNSEL
`Ruffin B. Cordell, Reg. No. 33,487
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: (202) 783-5070
`Email: RBC@fr.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`BACK-UP COUNSEL
`Kevin E. Greene, Reg. No. 46,031
`Linda L. Kordziel, Reg. No. 39,732
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: (202) 783-5070
`Email: IPR36351-0011IP2@fr.com;
`
`IPR36351-0011IP3@fr.com;
`
`Greene@fr.com
`
`
`Respectfully submitted,
`
`
` /Frank A. Angileri/
`Frank A. Angileri (Reg. No. 36,733)
`John E. Nemazi (Reg. No. 30,876)
`John P. Rondini (Reg. No. 64,949)
`Erin K. Bowles (Reg. No. 64,705)
`Brooks Kushman P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48075
`(248) 358-4400
`
`Lissi Mojica (Reg. No. 63,421)
`Kevin Greenleaf (Reg. No. 64,062)
`Dentons US LLP
`1530 Page Mill Road, Suite 200
`Palo Alto, CA 94304-1125
`650 798 0300
`
`Attorneys for Petitioner
`
`2
`
`
`
`IPR2014-00579 & IPR2014-00884 (Group 2) | page 1
`
`FORD DEMONSTRATIVES
`
`FORD MOTOR COMPANY, PETITIONER v.
`PAICE LLC & ABELL FOUNDATION, PATENT OWNERS
`Inter Partes Review Consolidated Oral Hearing,
`IPR2014-00571, IPR2014-00904,
`IPR2014-00579, IPR2014-00884,
`IPR2014-00570, IPR2014-00875
`
`
`Before Sally C. Medley, Kalyan K. Deshpande, and Carl M. DeFranco
`Administrative Patent Judges
`Oral Argument: July 1, 2015
`
`
`
`IPR2014-00579 (Group 2) | page 2
`
`IPR2014-00579 – Overview
`Ground 1: Claims 1, 7, 8, 18, 21, 23 and 37 are obvious over the
`Bumby references
`
`
`
`
`
`1. A POSA would have had a reason to combine the Bumby references
`
`2. The Bumby References disclose or suggest the use of “setpoint” as required
`by claims 1, 7, and 23
`
`
`
`3. The Bumby References disclose or suggest the use of “road load” in claims
`7 and 23
`
`4. The Bumby References disclose or suggest the “first electric motor” of
`claims 1 and 8
`
`5. The Bumby References disclose or suggest the battery charging limitations
`of claims 1 and 23
`
`
`
`
`
`Bumby references – “setpoint” & “road load”
`
`IPR2014-00579 (Group 2) | page 3
`
`***
`
`***
`
`Ex. 1101 (’347 Patent) at claims 1, 7 and 23
`
`
`
`Bumby references – “setpoint” & “road load”
`IPR2014-00579 | page 4
`The Bumby references disclose a predetermined torque value
`(“setpoint”) and the instantaneous torque required to propel the vehicle,
`be it positive or negative (“road load”)
`
`Ex. 1104 (Bumby II) at 10-11
`Ex. 1108 (Davis Decl.) at ¶¶277-282
`
`Ex. 1104 (Bumby II) at 11, Fig. 16
`Ex. 1140 (Davis Reply Decl.) at ¶¶33-39
`
`
`
`Bumby references – “setpoint” & “road load”
`IPR2014-00579 (Group 2) | page 5
`“Paice has failed to articulate how the ’347 Patent ‘calculates’ road load...
`[a]nd Paice’s expert states that the ’347 Patent does not teach a POSA
`how to calculate, measure, or determine road load”
`
`Reply, Paper 28 at 13
`(Italics in original)
`
`Hannemann testimony:
`
`Ex. 1143 (Hannemann Dep.) at 61:24-62:5
`
`
`
`Bumby references – “first electric motor”
`
`IPR2014-00579 (Group 2) | page 6
`
`Limitation [1.2]
`a first electric
`motor
`connected to said
`engine
`
`operable to start
`the engine
`responsive to a
`control signal
`
`Ex. 1107 (Bumby V) at 19; Ex. 1108 (Davis Decl.) at ¶248
`
`Mr. Hannemann Testimony
`Q: Is a starter motor an electric motor?
`A: It is electric, yes. Ex. 1141 (Hannemann Dep.) at 59:7-8
`
`Q:. . . Did you mean to state that the starter motor is attached either to the engine or the
`transmission?
`A: Right. You said it's connected. So connected is a little vague. So it's always connected in that
`it's attached or bolted to the drive train. And in some -- you said engine. That's why I added
`transmission, because in some designs they bolt actually to the transmission, and the
`transmission is bolted to engine, so the starter is not directly connected to the engine in all
`cases. Ex. 1141(Hannemann Dep.) at 61:18-62:2; See also 61:4-11
`Q: What is the function of a starter motor?
`A: It's to--as used for decades, to start the engine. Ex. 1141(Hannemann Dep.) at 59:9-11
`Q: And is that electrical signal that goes to the starter motor -- would that be considered a
`control signal instructing the starter motor to start the engine?
`A: I guess in a broad sense you could state it’s a control signal originating from an operator
`command. Ex. 1141(Hannemann Dep.) at 60:24-61:3
`
`
`
`Bumby references – “first electric motor”
`IPR2014-00579 (Group 2) | page 7
`Claim 1 recites: “a battery, for providing current to said motors and
`accepting charging current from at least said second motor”
`(1) - Ford argues that it was obvious to a POSA to “power[] the conventional starter motor indirectly
`via a ‘DC/DC converter, powered by the [high voltage] 120V stack...’” Reply, Paper 28 at 16
`
`
`
`Ex. 2106 (Davis Dep.) at 262:20-264:13
`Reply, Paper 28 at 16
`Ex. 1140 (Davis Reply Decl.) at ¶51-56,58-62
`Ex. 2107 (Davis 1994 SAE Paper) at 6
`Ex. 1102 (‘347 Patent File History) at 324, citing EP0136055
`Ex. 1144 (U.S. Patent No. 5,285,862) at 3:37-54
`Ex. 2111 (Davis Reply Dep.) at 55:13-65:11, 67:8-68:17
`
`(2) - Ford argues it was obvious to a POSA to “directly provid[]e current to a conventional starter
`motor by ‘utiliz[ing] the output of one twelve volt battery from the 120V [battery] stack.’”
`
`Reply, Paper 28 at 16
`
`
`
`Ex. 2106 (Davis Dep.) at 263:19-264:19
`Reply, Paper 28 at 15-16
`Ex. 1140 (Davis Reply Decl.) at ¶51-57
`Ex. 2107 (Davis 1993 SAE Paper) at 5
`Ex. 2111 (Davis Reply Dep.) at 55:13-65:11
`(3) - Paice argues a POSA would understand “that a ‘conventional starter motor’ would need its
`own 12V or 24V power source; it is not possible to simply attach a 216 V battery to a
`‘conventional starter motor’ that would typically accept no more than 12 to 24 V.” POR, Paper 20 at 39
`POR, Paper 20 at 39
`Ex. 2102 (Hannemann Decl.) at ¶83-84
`
`
`
`
`
`Bumby references – “first electric motor”
`IPR2014-00579 (Group 2) | page 8
`Dr. Davis testified about the “design choices known to a POSA for
`providing current to a conventional starter motor from a high voltage
`battery like the 216 V battery pack disclosed by the Bumby references.”
`
`Reply, Paper 28 at 14
`(Italic in original)
`
`Ex. 1108 (Davis Decl.) at ¶¶263-264
`
`Ex. 2106 (Davis. Dep.) at 263:14-264:1
`Ex. 2107 (Davis 1994 SAE Paper) at 5-6
`Ex. 1140 (Davis Reply Decl.) at ¶51-62
`
`
`
`Bumby references – battery charging
`
`IPR2014-00579 (Group 2) | page 9
`
`1. A hybrid vehicle, comprising:
`***
`a controller for controlling the flow of
`electrical and mechanical power between
`said engine, first and second motors, and
`wheels,
`
`wherein said controller starts and
`operates said engine when torque
`require to be produced by said engine
`. . . to drive either one or both said
`electric motor(s) to charge said battery
`is at least equal to a setpoint (SP) . . .
`Ex. 1101 (’347 Patent) at Claim 1
`
`23. A method of control of a hybrid
`vehicle. . .
`
`***
`employing said engine to propel said
`vehicle when the torque RL required to do
`so is less than said lower level SP and
`using the torque between RL and SP to
`drive said at least one electric motor to
`charge said battery when the state of
`charge of said battery indicates the
`desirability of doing so
`Ex. 1101 (’347 Patent) at Claim 23
`
`Ex. 1108 (Davis Decl.) at ¶¶441-449
`Ex. 1140 (Davis Reply Decl.) at ¶¶71-83
`
`Ex. 1104 (Bumby II) at 3
`
`Ex. 1107 (Bumby V) at 4 – Table 1
`
`
`
`IPR2014-00884 (Group 2) | page 10
`
`IPR2014-00884
`Ground 1 Overview
`Ground 1: Claims 1, 7, 10 and 21 are obvious in view of
`Caraceni
`
`
`
`1. Caraceni discloses or suggests the use of a “setpoint” to turn on and
`operate the engine as required by claim 1
`
`2. Caraceni discloses or suggests the use of “road load” as required
`by claim 7
`
`3. Caraceni discloses or suggests the “controller” that “starts and
`operates” the engine to charge the battery
`
`4. Caraceni discloses or suggests a “battery” that “provid[es] current” to a
`“first electric motor”
`
`
`
`
`
`
`Ground 1: Caraceni - “road load” & “setpoint”
`IPR2014-00884 (Group 2) | page 11
`Caraceni disclose a predetermined torque value (“setpoint”) and the
`instantaneous torque required to propel the vehicle, be it positive or
`negative (“road load”)
`
`Ex. 1203 (Caraceni) at 6-7
`Ex. 1215 (Davis Decl.) at ¶301-302
`
`Ex. 1203 (Caraceni) at 6, Fig. 9 (annotated)
`Ex. 1215 (Davis Decl.) at ¶¶261-279, 296-318
`
`Ex. 1203 (Caraceni) at 6, Fig. 9
`
`
`
`Ground 1: Caraceni - “road load” & “setpoint”
`IPR2014-00884 (Group 2) | page 12
`“Caraceni uses a ‘setpoint’ for determining when to ‘start and operate’
`the engine during the transition from region 1 to region 2.”
`
`Reply, Paper 22 at 7
`
`Ex. 1243 (Hannemann Dep.) at 111:14-19
`
`Ex. 1243(Hannemann Dep.) at 111:20-22
`
`Ex. 1243 (Hannemann Dep.) at 111:23-112:2
`
`Ex. 1203 (Caraceni) at 6, Fig. 9 (annotated)
`Ex. 1215 (Davis Decl.) at ¶¶272, 261-279
`
`
`
`Ground 1: Caraceni - “controller”
`IPR2014-00884 (Group 2) | page 13
`“[I]t would have been obvious to a POSA that the controller in Caraceni
`starts and operates the engine when ‘recharge mode’ is entered.”
`1. A hybrid vehicle, comprising:
`***
`a controller for controlling the flow of electrical and
`mechanical power between said engine, first and
`second motors, and wheels,
`
`wherein said controller starts and operates said
`engine when torque require to be produced by said
`engine . . . to drive either one or both said electric
`motor(s) to charge said battery is at least equal to a
`setpoint (SP) . . .
`Ex. 1201 (’347 Patent) at Claim 1
`
`Reply, Paper 22 at 14
`
`Ex. 1203 (Caraceni) at 6-Fig. 9
`Ex. 1215 (Davis Decl.) at ¶¶280-286
`
`Ex. 1203 (Caraceni) at 6
`
`Ex.1203 (Caraceni) at 6, Fig. 10 (annotated)
`Ex. 1215 (Davis Decl.) at ¶253-257
`
`
`
`Ground 1: Caraceni – battery charging
`IPR2014-00884 (Group 2) | page 14
`It would have been obvious for the “battery” to provide current to
`the “first electric motor”
`
`1. A hybrid vehicle,
`comprising:
`***
`a first electric motor
`connected to said engine
`nd (sic) operable to start
`the engine responsive to
`a control signal;
`***
`a battery, for providing
`current to said motors
`and accepting charging
`current from at least said
`second motor; and
`Ex. 1201 (’347 Patent) at Claim 1
`
`Ex. 1203 (Caraceni) at 6, Fig. 10 (annotated)
`Petition (Paper 1) at 22
`
`
`
`IPR2014-00884 (Group 2) | page 15
`
`IPR2014-00884
`Ground 2 Overview
`Ground 2: Claims 23 and 24 are obvious in view of Tabata
`references
`
`
`
`
`
`1. The Tabata references disclose or suggest the use of “road load” and
`“setpoint” as required by claim 23
`
`2. The Tabata references disclose or suggest the battery charging
`limitation of claim 23
`
`3. The Tabata references disclose or suggest a “controller” that
`“monitor[s] patterns of vehicle operation” as required by claim 24
`
`
`
`
`Ground 2: Tabata references – “road load” and “setpoint”
`IPR2014-00884 (Group 2) | page 16
`Tabata ’201 discloses a hybrid vehicle that compares a “currently
`required output Pd... required to drive the vehicle” to a “first threshold
`value P1” to determine when to turn on the engine.
`
`“While power and torque are different, it is
`undisputed that power and torque are related
`mathematically by speed (i.e., Power = Torque *
`Speed).”
`
`Reply, Paper 22 at 17
`
`Reply, Paper 22 at 17
`
`Ex. 1204 (Tabata ’201) at Fig. 7 (annotated)
`Ex. 1215 (Davis Decl.) at ¶368-376
`
`Ex. 1204 (Tabata ’201) at Fig. 15 (annotated)
`Ex. 1215 (Davis Decl.) at ¶353 (corrected in errata)
`
`
`
`Ground 2: Tabata references – “road load” and “setpoint”
`IPR2014-00884 (Group 2) | page 17
`Mr. Hannemann testified that his Tabata ‘201 illustration of that “the
`‘20kW’ power line also met the claimed ‘setpoint’ of the ’347 Patent.”
`
`Reply, Paper 22 at 22 fn7
`
`Ex. 1201 (‘347 Patent) at Claim 5
`
`Mr. Hannemann Testimony
`
`Mr. Hannemann Declaration at ¶124
`
`Ex. 1243 (Hannemann Dep.) at 45:16-25
`Reply, Paper 22 at 22, fn7
`
`Ex. 2215 (Hannemann Decl.) at ¶124
`
`
`
`Ground 2: Tabata references – battery charging
`IPR2014-00884 (Group 2) | page 18
`Tabata ’201 discloses “employing said engine to propel said
`vehicle… and using the torque between RL and SP… to charge said
`battery”
`
`Ex. 1204 (Tabata ’201) at 31:41-54
`Ex. 1215 (Davis Decl.) at ¶453
`
`Ex. 1204 (Tabata ’201) at Fig. 15 (annotated)
`Ex. 1215 (Davis Decl.) at ¶452
`
`Ex. 1204 (Tabata ’201) at Fig. 7 and at 20:66-21:26
`Ex. 1215 (Davis Decl.) at ¶¶ 371-376
`Ex. 1248 (Davis Reply Decl.) at ¶¶61-67
`Ex. 1243 (Hannemann Dep.) at 89:2-18
`
`
`
`Ground 2: Tabata references – “monitor patterns of vehicle operation”
`IPR2014-00884 (Group 2) | page 19
`Paice’s proposed construction “improperly imports limitations into
`the claims” Reply, Paper 22 at 3
`
`Paice’s proposed construction
`
`Claim 24
`
`POR, Paper 19 at 13
`
`Paice’s Patent Owner Reponse:
`
`Ex. 1201 (’347 Patent) at Claim 24
`
`Ford’s Reply:
`
`Reply, Paper 22 at 3
`
`POR, Paper 19 at 13-14, citing Ex. 1201 (’347 Patent) at 40:56-41:9
`
`
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