UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`American Honda Motor Co., Inc.
`Petitioner
`
`v.
`
`American Vehicular Sciences LLC
`Patent Owner
`
`
`Patent No. 6,738,697
`Filing Date: July 3, 2002
`Issue Date: May 18, 2004
`Title: TELEMATICS SYSTEM FOR VEHICLE DIAGNOSTICS
`
`
`
`
`Inter Partes Review No. Unassigned
`
`
`
`PETITION FOR INTER PARTES REVIEW
`UNDER 35 U.S.C. §§ 311-319 AND 37 C.F.R. § 42.100 ET SEQ.
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`TABLE OF CONTENTS
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`Page
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`B.
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`C.
`D.
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`IV.
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`V.
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`INTRODUCTION .......................................................................................... 1
`I.
`II. GROUNDS FOR STANDING PURSUANT TO 37 C.F.R. §
`42.104(a) ......................................................................................................... 2
`III. THE ‘697 PATENT ........................................................................................ 3
`A.
`Summary of the ‘697 Patent ................................................................. 3
`B.
`The ‘697 Prosecution History .............................................................. 4
`IDENTIFICATION OF CHALLENGE PURSUANT TO 37 C.F.R. §
`42.104(b) ......................................................................................................... 5
`A.
`37 C.F.R. § 42.104(b)(1): Claims for Which Inter Partes
`Review Is Requested ............................................................................ 5
`37 C.F.R. § 42.104(b)(2): The Prior Art and Specific Grounds
`On Which the Challenge to the Claims Is Based ................................. 5
`37 C.F.R. § 42.104(b)(3): Claim Construction .................................... 7
`37 C.F.R. § 42.104(b)(4): How the Construed Claims are
`Unpatentable ....................................................................................... 10
`37 C.F.R. § 42.104(b)(5): Supporting Evidence ................................ 10
`E.
`THERE IS A REASONABLE LIKELIHOOD THAT AT LEAST
`ONE CLAIM OF THE ‘697 PATENT IS UNPATENTABLE ................... 10
`A. Ground 1: Claims 1, 2, 6, 10, 17, 18, 21, 22, 26, 27, 32, and 61
`are Anticipated Under § 102(b) by Ishihara ....................................... 10
`1.
`Claims 1, 21, and 61 ................................................................ 10
`2.
`Claims 2, 10, and 32 ................................................................ 15
`3.
`Claims 6 and 22........................................................................ 18
`4.
`Claims 17, 18, 26, and 27 ........................................................ 18
`5.
`Ishihara Is Not Redundant of any other Grounds in this
`Petition ..................................................................................... 22
`B. Ground 2: Claims 1, 2, 5, 6, 10, 17, 18, 21, 22, 26, 27, 32, and
`61 are Anticipated Under § 102(e) by Schricker ............................... 24
`1.
`Claim 1, 2, 10, 21, 32, and 61 .................................................. 25
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`TABLE OF CONTENTS
`(continued)
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`Page
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`2.
`3.
`4.
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`E.
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`Claims 6 and 22........................................................................ 32
`Claims 5, 17, 18, 26, and 27 .................................................... 32
`Schricker Is Not Redundant of any other Grounds in this
`Petition ..................................................................................... 35
`C. Ground 3: Claims 5, 6, 18, 22, 26, and 27 Are Obvious Over
`Ishihara and Schricker ........................................................................ 38
`1.
`Claims 6 and 22........................................................................ 38
`2.
`Claims 18, 26, and 27 .............................................................. 40
`3.
`Claim 5 ..................................................................................... 41
`4.
`The Combination of Ishihara and Schricker Is Not
`Redundant of any other Grounds in this Petition ..................... 42
`D. Ground 4: Claims 6, 19, 20, 22, and 40 Are Obvious Over
`Ishihara and Mansell .......................................................................... 43
`1.
`Claims 6 and 22........................................................................ 43
`2.
`Claims 19, 20, and 40 .............................................................. 45
`3.
`The Combination of Ishihara and Mansell Is Not
`Redundant of any other Grounds in this Petition ..................... 47
`Instituted Grounds in IPR2013-00412 and IPR2013-00413 .............. 48
`1.
`Ground 5: Claims 1, 2, 10, 17, 18, 21, 26, 27, 32, and 61
`Are Anticipated Under § 102(b) by Asano .............................. 48
`Ground 6: Claims 1, 2, 5, 10, 17, 18, 19, 21, 26, 27, 32,
`40, and 61 Are Anticipated Under § 102(b) by DiLullo .......... 50
`Ground 7: Claims 1, 2, 6, 10, 17, 19-22, 32, 40, and 61
`Are Anticipated under § 102(a) by Fry .................................... 53
`Ground 8: Claims 18, 19, 20, 26, 27, and 40 Are
`Rendered Obvious over Asano and Fry ................................... 55
`VI. MANDATORY NOTICES PURSUANT TO 37 C.F.R. § 42.8(a)(1) ......... 58
`A.
`37 C.F.R. § 42.8(b)(a): Real Party-In-Interest ................................... 58
`B.
`37 C.F.R. § 42.8(b)(2): Related Matters ............................................ 58
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`2.
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`3.
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`4.
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`TABLE OF CONTENTS
`(continued)
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`Page
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`C.
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`37 C.F.R. § 42.8(b)(3) and (4): Lead and Back-up Counsel and
`Service Information ............................................................................ 59
`VII. Conclusion .................................................................................................... 60
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`LIST OF EXHIBITS
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`Exhibit 1001: U.S. Patent No. 6,738,697 to Breed (“the ‘697 patent”)
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`Exhibit 1002: File History of U.S. Patent No. 6,738,697 to Breed
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`Exhibit 1003: Japanese Unexamined Patent Application Publication No. JP-A-
`H01-197145 to Ishihara (“Ishihara”)
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`Exhibit 1004: English Translation of Japanese Unexamined Patent Application
`Publication No. JP-A-H01-197145 to Ishihara (“Ishihara”)
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`Exhibit 1005: U.S. Patent No. 5,561,610 to Schricker et al. (“Schricker”)
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`Exhibit 1006: U.S. Patent No. 5,223,844 to Mansell et al. (“Mansell”)
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`Exhibit 1007: U.S. Patent No. 5,157,610 to Asano et al. (“Asano”)
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`Exhibit 1008: U.S. Patent No. 4,897,642 to DiLullo et al. (“DiLullo”)
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`Exhibit 1009: KN Fry, “Diesel Locomotive Reliability Improvements by System
`Monitoring,” Proceedings of the Institution of Mechanical
`Engineers, Part F: Journal of Rail and Rapid Transit, Vol. 209, Jan.
`1, 1995 (“Fry”)
`
`Exhibit 1010: Declaration of Christopher Wilson (“Wilson Decl.”)
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`Exhibit 1011: Preliminary Response of Patent Owner, Paper 16 in Case IPR2013-
`00412 (October 17, 2013)
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`Exhibit 1012: Decision, Institution of Inter Partes Review, Paper 18 in IPR2013-
`00412 (January 13, 2014)
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`Exhibit 1013: Decision, Institution of Inter Partes Review, Paper 16 in IPR2013-
`00413 (January 13, 2014)
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`Exhibit 1014: American Vehicular Sciences LLC’s Disclosure of Asserted Claims
`and Infringement Contentions and Identification of Document
`Production Accompanying Disclosure, in Case No. 6:13-cv-00226
`(E.D. Tex.) (cover pleading only) (“AVS Infringement
`Contentions”)
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`-iv-
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`American Honda Motor Co., Inc. (“Petitioner”) respectfully requests inter
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`partes review under 35 U.S.C. §§ 311-319 and 37 C.F.R. § 42.100 of claims 1, 2,
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`5, 6, 10, 17-22, 26, 27, 32, 40, and 61 of U.S. Patent No. 6,738,697 (“the ‘697
`
`patent”), attached hereto as Exhibit 1001.
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`The undersigned representative of Petitioner authorizes the Patent Office to
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`charge the $23,400 Petition Fee, along with any additional fees, to Deposit
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`Account 503013, ref: 651377-600007. Sixteen (16) claims are being reviewed.
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`I.
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`INTRODUCTION
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`The ‘697 patent is one of a multitude of patents owned by American
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`Vehicular Sciences LLC (“AVS”) and asserted against the automotive industry, in
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`an attempt to cover long-known systems and methods relating to automotive
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`diagnostics and telematics. See, e.g., American Vehicular Sciences LLC v.
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`American Honda Motor Co., Inc. et al., No. 6:13-cv-00226 (E.D. Tex.) (hereinafter
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`“the 226 Litigation”); American Vehicular Sciences LLC v. Toyota Motor Corp. et
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`al., No. 6:13-cv-00405 (E.D. Tex.). The ‘697 patent is directed to a diagnostic
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`system and method on a vehicle that diagnoses the state of the vehicle or a
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`component thereof, generates an output representative of the diagnosis, and then
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`uses a communications device to automatically connect to a remote facility in
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`order to wirelessly transfer the output to the remote facility. (See, e.g., ‘697 patent,
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`Ex. 1001, claim 1.)
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`The diagnostic system and method claimed in the ‘697 patent was neither
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`new nor non-obvious at the time the ‘697 patent was filed. This Petition sets forth
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`grounds that each independently render the claims of the ‘697 patent invalid. Each
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`of these grounds are based upon patents or printed publications that were publicly
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`available prior to the earliest priority date of the ‘697 patent. Further, none of these
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`grounds are redundant of either any other ground set forth in this petition. The
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`Patent Trial and Appeal Board recognized a reasonable likelihood that certain
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`claims of the ‘697 patent are invalid. (Institution Decision in IPR2013-00412, Ex.
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`1012, at 40; Institution Decision in IPR 2013-00413, Ex. 1013, at 31.)1
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`Accordingly, in this petition, Petitioner challenges claims 1, 2, 5, 6, 10, 17-22, 26,
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`27, 32, 40, and 61.
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`II. GROUNDS FOR STANDING PURSUANT TO 37 C.F.R. § 42.104(a)
`Petitioner certifies that the ‘697 patent is available for inter partes review.
`
`Petitioner submits this petition within one year of AVS’s service of the complaint
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`in the 226 Litigation. Petitioner is not barred or estopped from requesting inter
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`partes review, nor is Petitioner in privity with any party who is barred or estopped
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`from challenging the patent claims on the grounds identified herein.
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`1 Cases IPR2013-00412 and IPR2013-00413 have recently been terminated under
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`37 C.F.R. § 42.72 pursuant to a settlement agreement between the parties.
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`III. THE ‘697 PATENT
`Summary of the ‘697 Patent
`A.
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`
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`The ‘697 patent was filed on July 3, 2002, and issued on May 18, 2004. The
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`‘697 patent claims priority to U.S. Patent App. No. 08/476,077, which was filed
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`June 7, 1995 and issued as U.S. Patent No. 5,809,437. The subject matter of claims
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`19, 20, and 40 of the ‘697 patent disclose transmitting GPS or location
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`information, and AVS admits that the claims have, at best, an effective filing date
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`of June 19, 2002, the filing date of U.S. Patent App. No. 10/174,709, now U.S.
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`Patent No. 6,735,506. (See AVS Infringement Contentions, Ex. 1014, § IV, p. 5.)
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`None of the earlier applications referenced by the ‘697 patent disclose or make any
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`reference to transmitting GPS or location information as required by these claims.
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`The ‘697 patent is directed to a diagnostic system and method on a vehicle.
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`The diagnosed “state of the vehicle” is a “diagnosis of the condition of the vehicle
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`with respect to its stability and proper running and operating condition.” (‘697
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`patent, Ex. 1001, 10:29-32.) More particularly, the diagnostic system and method
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`is able to detect various abnormalities in the operation of the vehicle as a whole
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`and also to determine if “one of the parts of the vehicle, e.g., a component, system
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`or subsystem, is operating abnormally.” (Id. 10:32-41; 14:34-37.) The system also
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`includes a communications device, such as a “cellular telephone system” or
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`“satellite” system that allows the output of the diagnostic system to be
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`automatically transmitted to a remote location, such as a “repair facility.” (See id.
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`1:53-60; 13:34-42.) In some embodiments, the diagnosis may be indicated to the
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`driver either through a display or a warning system. (See id. 13:24-33; 14:39-44;
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`38:51-59; 41:9-19; 53:23-27; 82:64-83:1; Fig. 8.) Additionally, the system can also
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`include a location determining system, such as a GPS system; and, vehicle location
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`information can then be transmitted to the remote facility along with the diagnostic
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`information. (Id. 13:54-58.)
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`The ‘697 Prosecution History
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`B.
`The ‘697 patent was allowed after a single Office Action by the Examiner
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`and response by the Applicant. The Office Action rejected certain claims as being
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`anticipated by U.S. Patent No. 5,056,023 to Abe (“Abe”). (File History of ‘697
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`Patent, Ex. 1002, at 173.) The Examiner found that all elements of independent
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`claim 1 were disclosed by Abe. (Id.) Certain claims were also rejected as being
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`unpatentable over Abe and U.S. Pat. Pub. No. 2002/0103622 to Burge (“Burge”).
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`(Id. at 173-74.) Burge disclosed, among other elements, “a cellular telephone”;
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`“GPS technology”; “transmission of the output to a remote location”; and “wireless
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`communication via the Internet or a host computer.” (Id. at 174.) Finally, the
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`Examiner rejected certain claims as unpatentable over Abe, Burge and U.S. Pat.
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`No. 5,581,464 to Woll (“Woll”). (Id. at 175.) Among other things, Woll disclosed
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`“a display . . . arranged in a vehicle.” (Id.)
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`In an attempt to distinguish the pending claims from Abe, Burge, and Woll,
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`the applicant amended independent claim 1 to recite that the diagnostic system was
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`arranged “on the vehicle” and that the communications device was arranged to
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`“automatically establish a communications channel between the vehicle and a
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`remote facility without manual intervention” and to transmit the output
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`“wirelessly” and “to a remote facility.” (Id. at 181.) Claim 1 ultimately issued in
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`this form. The applicant also amended Claim 21 to specify that the transmitted
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`output was “indicative or preventative of the diagnosed state of the vehicle or the
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`diagnosed state of the component.” (Id. at 183.)
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`IDENTIFICATION OF CHALLENGE PURSUANT TO 37 C.F.R. §
`IV.
`42.104(b)
`37 C.F.R. § 42.104(b)(1): Claims for Which Inter Partes Review Is
`A.
`Requested
`Inter partes review is requested for claims 1, 2, 5, 6, 10, 17-22, 26, 27, 32,
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`40, and 61 of the ‘697 patent.
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`37 C.F.R. § 42.104(b)(2): The Prior Art and Specific Grounds On
`B.
`Which the Challenge to the Claims Is Based
`Inter partes review is requested in view the following prior art references:
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`• Japanese Unexamined Patent Application Publication JP-A-H01-197145 to
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`Ishihara et al. (“Ishihara”) (Exs. 1003 and 1004 (English translation)). Ishihara
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`was on published December 17, 1993 and is prior art under 35 U.S.C. § 102(b).
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`• U.S. Patent No. 5,561,610 to Schricker et al. (“Schricker”) (Ex. 1005).
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`Schricker was filed June 30, 1994, and issued on October 1, 1996, and is prior
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`art under 35 U.S.C. § 102(e). U.S. Patent No. 5,223,844 to Mansell et al.
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`(“Mansell”) (Ex. 1006). Mansell issued on June 29, 1993, and is prior art under
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`35 U.S.C. § 102(b).
`
`• U.S. Patent No. 5,157,610 to Asano et al. (“Asano”) (Ex. 1007). Asano issued
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`on October 20, 1992, and is prior art under 35 U.S.C. § 102(b).
`
`• U.S. Patent No. 4, 987,642 to DiLullo et al. (“DiLullo”) (Ex. 1008). DiLullo
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`issued on January 30, 1990, and is prior art under 35 U.S.C. § 102(b).
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`• KN Fry, “Diesel Locomotive Reliability Improvements by System Monitoring,”
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`Proceedings of the Institution of Mechanical Engineers, Part F: Journal of Rail
`
`and Rapid Transit (“Fry”) (Ex. 1009). Fry was published on January 1, 1995,
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`and is prior art under 35 U.S.C. § 102(a).
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`The specific statutory grounds on which the challenge to the claims is based
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`and the patents or printed publications relied upon for each ground are as follows:
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`‘697 Patent Claims
`Ground
`Ground 1 Claims 1, 2, 6, 10, 17, 18, 21, 22,
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`Basis for Challenge
`Anticipated under § 102(b) by
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`26, 27, 32, 61
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`Ishihara
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`Ground 2 Claims 1, 2, 5, 6, 10, 17, 18, 21,
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`Anticipated under § 102(e) by
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`22, 26, 27, 32, 61
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`Schricker
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`Ground 3 Claims 5, 6, 18, 22, 26, 27
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`Obvious under § 103 over Ishihara
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`and Schricker
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`Ground 4 Claims 6, 19, 20, 22, 40
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`Obvious under § 103 over Ishihara
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`and Mansell
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`Ground 5 Claims 1, 2, 10, 17, 18, 21, 26,
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`Anticipated under § 102(b) by
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`27, 32, 61
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`Asano
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`Ground 6 Claims 1, 2, 5, 10, 17, 18, 19, 21,
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`Anticipated under § 102(b) by
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`26, 27, 32, 40, 61
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`DiLullo
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`Ground 7 Claims 1, 2, 6, 10, 17, 19, 20, 21,
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`Anticipated under § 102(a) by Fry
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`22, 32, 40, 61
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`Ground 8 Claims 18, 19, 20, 26, 27, 40
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`Obvious under § 103 over Asano
`
`and Fry
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`C.
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`37 C.F.R. § 42.104(b)(3): Claim Construction
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`Pursuant to 37 C.F.R. § 42.100(b), and solely for the purposes of this
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`review, Petitioner construes the claim language such that the claims are given their
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`broadest reasonable interpretation in light of the specification of the ‘697 patent.
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`For terms not specifically listed and construed below, Petitioner interprets them for
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`purposes of this review in accordance with their plain and ordinary meaning under
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`the required broadest reasonable interpretation.
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`“component” — Claims 1, 2, 5, 10, 17, 18, 21, 26, and 32. In the IPR2013-
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`00412 and IPR2013-00413 proceedings, the Board adopted the construction “a part
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`or an assembly of parts, less than the whole” for the term “component,” and
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`Petitioner adopts the same. The Board further stated that “component” does not
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`have to relate to a motor vehicle; nor does it have to be capable of emitting a signal
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`representative of its operating state. (Ex. 1012 at 7-8; Ex. 1013 at 7.)
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`“display” — Claims 5 and 26. In the IPR2013-00412 and IPR2013-00413
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`proceedings, the Board adopted the construction “a screen for showing
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`information” for the term “display,” and Petitioner adopts the same. (Ex. 1012 at
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`13; Ex. 1013 at 13.)
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`“diagnostic system arranged on the vehicle” — Claim 1. In the IPR2013-
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`00412 and IPR2013-00413 proceedings, the Board found that “diagnostic system
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`arranged on the vehicle” should be construed in accordance with its plain and
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`ordinary meaning—while not excluding “the possibility that the diagnostic system
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`may acquire instructions, data, or commands from a remote source” or excluding
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`that “an additional diagnostic system is located remotely from the vehicle”—and
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`Petitioner adopts the same. (Ex. 1012 at 14-15.)
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`“sensor system” — Claim 10. In the IPR2013-00412 and IPR2013-00413
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`proceedings, the Board found that “sensor system” should be construed in
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`accordance with its plain and ordinary meaning, provided that the construction of
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`the term would include each of the sensors identified in the specification of the
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`‘697 patent, and Petitioner adopts the same. (Ex. 1012 at 9-10; Ex. 1013 at 8-9.)
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`“sensor” — Claims 2, 10, and 32. In the IPR2013-00412 and IPR2013-
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`00413 proceedings, the Board found that “sensor” should be construed in
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`accordance with its plain and ordinary meaning, provided that the construction of
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`the term would include each of the sensors identified in the specification of the
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`‘697 patent, and Petitioner adopts the same. (Ex. 1-12 at 10-11; Ex. 1013 at 10-11.)
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`“diagnosis of the state of the vehicle” — Claim 5. In the IPR2013-00412
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`and IPR2013-00413 proceedings, the Board adopted the construction “diagnosis of
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`the condition of the vehicle with respect to its stability and proper running and
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`operating condition” for the term “diagnosis of the state of the vehicle,” and
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`Petitioner adopts the same. (Ex. 1012 at 12-13; Ex. 1013 at 12.)
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`“control at least one part of the vehicle” — Claim 17. In the IPR2013-
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`00412 and IPR2013-00413 proceedings, the Board found that “control at least one
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`part of the vehicle” should be construed in accordance with its plain and ordinary
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`meaning and should not be limited to “controlling any particular type or kind of
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`‘part’ of the vehicle,” and Petitioner adopts the same. (Ex. 1012 at 13; Ex. 1013 at
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`12-13.)
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`Because the standard for claim construction at the Patent Office is different
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`than that used during a U.S. District Court litigation, Petitioner expressly reserves
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`the right to argue a different claim construction in litigation for any term of the
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`‘697 patent as appropriate in that proceeding.
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`D.
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`37 C.F.R. § 42.104(b)(4): How the Construed Claims are
`Unpatentable
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`An explanation of how claims 1, 2, 5, 6, 10, 17-22, 26, 27, 32, 40, and 61 are
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`
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`unpatentable is set forth below at Section V.
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`37 C.F.R. § 42.104(b)(5): Supporting Evidence
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`E.
`A List of Exhibits supporting this petition is included. Included at Exhibit
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`1010 is a Declaration of Christopher Wilson under 37 C.F.R. § 1.68. Unless
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`otherwise noted, citations to page numbers in the exhibits are to the page numbers
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`appended to each page of the exhibits under 37 CFR 42.63(d)(2)(i), and not to page
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`numbers present in the original document.
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`V. THERE IS A REASONABLE LIKELIHOOD THAT AT LEAST ONE
`CLAIM OF THE ‘697 PATENT IS UNPATENTABLE
`A. Ground 1: Claims 1, 2, 6, 10, 17, 18, 21, 22, 26, 27, 32, and 61 are
`Anticipated Under § 102(b) by Ishihara
`
`
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`Claims 1, 2, 6, 10, 17, 18, 21, 22, 26, 27, 32, and 61 are anticipated by
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`Ishihara (Ex. 1003 & 1004). Ishihara describes a failure diagnosis apparatus for a
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`vehicle that detects failures on-board the vehicle and automatically transmits the
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`failure data to a remote location via a communications device.
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`1.
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`Claims 1, 21, and 61
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`Claims 1, 21, and 61 describe a system (and method of the same) that
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`diagnoses the vehicle and/or its components and generates an output, and a
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`communications device that automatically transmits the output to a remote location
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`without manual intervention. Ishihara discloses a “failure diagnosis apparatus for a
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`
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`vehicle,” (Ex. 1004, p. 1), that discloses all the elements of independent claims 1
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`and 21. Ishihara discloses that the “failure diagnosis apparatus 1 is configured to
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`include an on-board apparatus 2,” (id. p. 2, col. 2), and the “on-board apparatus 2 is
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`configured to include a “control unit 4” that controls various devices or systems
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`on-board the vehicle and detects failures.” (Id. p. 2, col. 2; Figs. 1 & 2.)
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`Specifically, Ishihara discloses a “control unit 4” with a “failure detection section
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`16b [that] determines whether or not abnormality exists in the input signals 11a to
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`14a from each of the above sensors 11 to 14,” (id. p. 2, col. 2–p. 3, col. 1), in
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`connection with various monitored vehicle components. If it is determined “that
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`there is a failure, an identification code for failure content is appended in front of . .
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`. failure data, and whether or not a warning lamp 22 needs to be turned on is
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`determined based on the identification code,” and the code and data are wirelessly
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`“transmitted” to a “failure diagnosis station . . . outside the vehicle, such as a
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`service shop.” (Id. p. 4, col. 1; Figs. 1 & 2.) The on-board generation of an
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`identification code and determination of whether a warning lamp needs to be
`
`activated show that the failure detection section 16b performs an on-board
`
`diagnosis, thus meeting claims 1 and 21’s requirement of generating “an output
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`indicative or representative” of a diagnosis performed by a “diagnostic system
`
`arranged on the vehicle.” (Wilson Decl. at ¶ 41.)
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`Ishihara further discloses “a transmitting unit that transmits, at an occurrence
`
`of the failure, an output signal from the failure detection unit to a failure diagnosis
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`station outside the vehicle,” (id. p. 2, col. 1), where “all data is automatically
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`transmitted to the failure diagnosis station outside the vehicle.” (Id. p. 2, col. 1; see
`
`also Figs. 1 & 2.) The claim charts below identify the specific portions of Ishihara
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`that disclose all of the limitations of claims 1, 21, and 61:
`
`‘697 Patent –
`Claim 1
`(1.pre) A
`vehicle,
`comprising:
`(1.a) a
`diagnostic
`system arranged
`on the vehicle to
`diagnose the
`state of the
`vehicle or the
`state of a
`component of
`the vehicle and
`generate an
`output
`indicative or
`representative
`thereof; and
`
`Ishihara (Exs. 1003 & 1004)
`
`See, e.g., Title (“Failure Diagnosis Apparatus for a Vehicle.”);
`p. 1, col. 1 (“The present invention relates to a failure diagnosis
`apparatus for a vehicle . . . .”).
`See, e.g., p. 2, col. 1(“The configuration, which has a failure
`detection unit that detects a failure of an on-board device and a
`transmitting unit that transmits, at an occurrence of the failure,
`an output signal from the failure detection unit to a failure
`diagnosis station outside the vehicle, . . .”);
` p. 2, col. 2 (“The failure diagnosis apparatus 1 is configured to
`include an on-board apparatus 2…. The on-board apparatus 2 is
`configured to include a control unit 4 that controls various
`devices or systems on board and detects failures thereof….”);
`p. 2, col. 2 (“The control unit 4 controls an automatic
`transmission mounted in the vehicle. To the unit 4 are
`connected a vehicle speed sensor 11 that detects vehicle speed, a
`throttle sensor 12 that detects the degree of throttle opening of
`the engine, a turbine sensor 13 that detects turbine rotational
`frequency of a torque converter, and an idle switch 14 that
`detects idle status of the engine, and output signals 11a, 12a,
`13a, and 14a from these sensors 11, 12, 13, and 14 are input to a
`computer 16 in the control unit 4….”);
`p. 3, col. 1 (“The computer 16 is configured to include a control
`section 16a and failure detection section 16b. . . . The failure
`detection section 16b determines whether or not abnormality
`exists in the input signals 11a to 14a from each of the above
`sensors 11 to 14 and the control signals 18a to 20a in light of
`
`
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`data or a program saved in the memory 17 to detect the
`occurrence of a failure in the automatic transmission or its
`control system. For a predetermined abnormality, a warning
`lamp 22 is turned on via the output processing circuit 21 at the
`time of its occurrence.”);
`p. 4, col. 1 (“[I]n Step S1, the input signals 11a to 14a from each
`of the sensors 11 to 14 and control signals 18a to 20a output to
`each of the solenoids 18 to 20 used for controlling the automatic
`transmission are input to the failure detection section 16b of the
`computer 16, and whether or not a failure exists is detected
`based on a program saved in memory 17. If it is determined in
`Step S2 that there is a failure, an identification code for failure
`content is appended in front of the failure data.”);
`See also Fig. 1 (showing a vehicle with an on-board “control
`unit”); Fig. 2 (showing control unit 4, with a “controller” and
`“failure detector” that receive signals from various “sensor[s]”
`and provide output to a “memory” and “transmitted/received
`data processing circuit”).
`See, e.g., p. 2, col. 1 (“An objective of the present invention is to
`provide a failure diagnosis apparatus for a vehicle that transmits
`to a failure diagnosis station outside the vehicle all data related
`to a failure. . . .”);
`p. 2, col. 1 (“The configuration, which has a failure detection
`unit that detects a failure of an on-board device and a
`transmitting unit that transmits, at an occurrence of the failure,
`an output signal from the failure detection unit to a failure
`diagnosis station outside the vehicle, . . .”);
`p. 2, col. 1 (“[A]ll data is automatically transmitted to the failure
`diagnosis station outside the vehicle….”);
`p. 2, col. 2 (“The failure diagnosis apparatus 1 is configured to
`include an on-board apparatus 2 and a failure diagnosis station 3
`that is outside of vehicle. The on-board apparatus 2 is
`configured to include a control unit 4 that controls various
`devices or systems on board and detects failures thereof, a
`display apparatus 5 that is connected to the control unit 4, a
`communication control unit 6 that controls the communication
`between the control unit 4 and the failure diagnosis station 3
`outside the vehicle, and an antenna 7 that transmits and receives
`a communication signal to/from the unit 6.”);
`p. 3, col. 1- 2 (“The communication control circuit 6 is
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`- 13 -
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`(1.b) a
`communications
`device coupled
`to said
`diagnostic
`system and
`arranged to
`automatically
`establish a
`communications
`channel
`between the
`vehicle and a
`remote facility
`without manual
`intervention and
`wirelessly
`transmit the
`output of said
`diagnostic
`system to the
`remote facility.
`
`
`
`

`
`
`
`
`
`
`configured to include … a transmitted data buffer 28 that stores
`a failure data signal output from the control unit 4, a transmitted
`data modulation circuit 29 that converts the data signal into an
`easily transmittable signal, and a transmitting circuit 30 that
`transmits the modulated failure data signal to the failure
`diagnosis station 3 via the antenna 7. The communication
`control unit 6 is provided with a communication control circuit
`31 that controls flow between the received signal and the
`transmitted signal as described above to pass the signals from/to
`the transmitted-received data processing circuit 23 in the control
`unit 4.”);
`p. 4, col. 1 (“If it is determined in Step S2 that there is a failure,
`an identification code for failure content is appended in front of
`the failure data…. Next in Step S5, the above failure data is
`transmitted … from the communication control unit 6 to the
`failure diagnosis station 3 outside the vehicle, such as a service
`shop.”);
`Fig. 1 (showing a vehicle with both a “control unit” 4 and a
`“communications control unit” 6 with an antenna 8 that
`wirelessly transmits and receives communication signals from
`the vehicle.); Fig. 2 (showing communication control circuit 6
`receiving a signal from control unit 4 for transmission to a
`remote site).
`
`
`‘697 Patent – Claim 21
`(21.pre) A method for monitoring a
`vehicle, comprising the steps of:
`
`(21.a) diagnosing the state of the
`vehicle or the state of a component
`of the vehicle by means of a
`diagnostic system arranged on the
`vehicle;
`(21.b) generating an output
`indicative or representative of the
`diagnosed state of the vehicle or the
`diagnosed state of the component
`of the vehicle; and
`
`Ishihara (Exs. 1003 & 1004)
`See, e.g., p. 1, col. 1 (“The present invention
`relates to a failure diagnosis apparatus for a
`vehicle . . . .”).
`See, e.g., the discussion and disclosure above
`for claim (1.a) in the claim chart above,
`particularly, p. 2, col. 1; p. 2, col. 2; p. 3, col.
`1; p. 4, col. 1; Fig. 1; Fig. 2.
`
`See, e.g., p. 2, col. 1 (“The configuration,
`which has a failure detection unit that detects
`a failure of an on-board device and a
`transmitting unit that transmits, at an
`occurrence of the failure, an output signal
`from the failure detection unit to a failure
`diagnosis station outside the vehicle, . . .”);
`
`
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`
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`p. 4, col. 1 (“[I]n Step S1, the input signals
`11a to 14a from each of the sensors 11 to 14
`and control signals 18a to 20a output to each
`of the solenoids 18 to 20 used for controlling
`the automatic transmission are input to the
`failure detection section 16b of the computer
`16, and whether or not a failure exists is
`detected based on a program saved in
`memory 17. If it is determined in Step S2
`that there is a failure, an identification code
`for failure content is appended in front of the
`failure data.”).
`See, e.g., the discussion and disclosure above
`for claim (1.b) in the claim chart above,
`particularly, p. 2, col. 1; p. 2, col. 2; p. 3, col.
`1-2; p. 4, col. 1; Fig. 1; Fig. 2.
`
`Ishihara (Exs. 1003 & 1004)
`See, e.g., p. 2, col. 1 (“The configuration,
`which has a failure detection unit that
`detects a failure of an on-board device and a
`transmitting unit that transmits, at an
`occurrence of the failure, an output signal
`from the failure detection unit to a failure
`diagnosis station outside the vehicle, . . .”);
`p. 2, col. 1 (“[A]ll data is automatically
`transmitted to the failure diagnosis station
`outside the vehicle….”).
`
`(21.c) transmitting the output
`indicative or representative of the
`diagnosed state of the vehicle or the
`diagnosed state of the component
`of the vehicle from the vehicle to a
`remote location.
`
`‘697 Patent – Claim 61
`61. The method of claim 21,
`wherein the step of transmitting the
`output to the remote facility
`comprises the step of automatically
`establishing a communications
`channel between the vehic