Filed on behalf of UUSI LLC
`By Monte
`Falcoff mlfalcoff@hdp.com
`Hemant
`Keskar hkeskar@hdp.com
`HARNESS DICKEY
`PIERCE P.L.C
`5445 Corporate Drive Ste 200
`Troy MI 48098
`Telephone 248 641-1600
`Facsimile 248 641-0270
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`WEBASTO ROOF SYSTEMS INC
`Petitioner
`
`UUSI LLC
`Patent Owner
`
`Case IPR2O1 4-00649
`Patent 7548037
`
`PATENT OWNERS PRELIMINARY RESPONSE
`
`WEBASTO EX. 1033
`WEBASTO ROOF SYSTEMS, INC. v. UUSI, LLC
`IPR2014-00650
`Page 1
`
`
`By Monte
`Falcoff mlfalcoff@hdp.com
`Hemant
`Keskar hkeskar@hdp.com
`HARNESS DICKEY
`PIERCE P.L.C
`5445 Corporate Drive Ste 200
`Troy MI 48098
`Telephone 248 641-1600
`Facsimile 248 641-0270
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`WEBASTO ROOF SYSTEMS INC
`Petitioner
`
`UUSI LLC
`Patent Owner
`
`Case IPR2O1 4-00649
`Patent 7548037
`
`PATENT OWNERS PRELIMINARY RESPONSE
`
`WEBASTO EX. 1033
`WEBASTO ROOF SYSTEMS, INC. v. UUSI, LLC
`IPR2014-00650
`Page 1
`
`
`
`Case IPR2O 14-00649
`Patent No 7548037
`
`INTRODUCTION
`
`II
`
`TRIAL SHOULD Noi BE INSTITUTED FOR PETITIONERS
`
`FAILURE To SET FORTH
`
`PRIMA FAdE SHOWING
`
`GROUND
`
`CLAIM
`
`GROUNDECLAIM1
`
`GROUND
`
`CLAIM
`
`JONES PREVIOUSLY APPLIED
`BY EXAMINER
`
`DEFICIENCIES OF JONES
`
`GROUNDGCLAIM1
`
`III
`
`KLESING IS NOT PRIOR ART
`
`GROUNDHCLAIMS7AND13
`
`GROUNDICLAIM1
`
`IV
`
`CONCLUSION
`
`19
`
`26
`
`Page
`
`of 28
`
`Page 2
`
`
`
`Case IPR2O 14-00649
`Patent No 7548037
`Pursuant to 35 U.S.C 313 and 37 C.F.R 42.107 Patent Owner UUSI
`
`LLC UUSI submits the following Preliminary Response to the Petition for In
`
`ter Partes Review of U.S Patent 7548037 the 037 patent
`
`INTRODUCTION
`
`The Corrected Petition Paper No Petition for inter partes review of
`
`the 037 patent should be denied at
`
`least in part because the Petition is replete with
`
`redundant grounds of alleged unpatentability and because Petitioner does not meet
`
`its prima facie burden of establishing anticipation and obviousness in at least
`
`the
`
`alleged grounds noted hereianfter While UUSI has not addressed all of Petition
`
`ers allegations of unpatentability Petitioners other allegations not addressed be
`
`low shall also fail but UUSI will address the deficiencies of these allegations as
`
`may be necessary and appropriate if
`
`the inter panes review is instituted In other
`
`words this Preliminary Response simply refutes the clearest allegations of un
`
`patentability asserted by Petitioner without requiring full substantive claim-by-
`
`claim analysis UUSI shall
`
`later challenge Petitioners other allegations
`
`Page
`
`of 28
`
`Page 3
`
`
`
`Case IPR2O 14-0064
`Patent No 7548037
`TRIAL SHOULD NOT BE INSTITUTED FOR PETITIONERS FAILURE To
`
`II
`
`SET FORTH
`
`PRIMA FAdE SHOWING
`
`GROUND
`
`CLAIM
`
`The Petition fails to establish
`
`reasonable likelihood that Claim would be
`
`anticipated by U.S Patent No 5218282 Duhame Ex 1010 for at least the fol
`
`lowing reasons Claim recites
`
`method for detecting presence of an object
`
`caught between
`
`closure and its respective frame Ex 1003 at 285-6 Duhame
`
`does not disclose detecting an object caught between the closure and its frame as
`
`recited in Claim Duhame relates to residential garage doors Ex 1010 at 18
`
`Residential garage doors inherently do not include
`
`frame nor does Duhame ex
`
`plicitly show or describe
`
`frame Additionally Duhame merely detects an ob
`
`struction one inch off the floor in contrast to the claim limitation of an object
`
`caught between the closure and its frame Id at 2214 Duhame therefore does not
`
`disclose detecting an object caught between the closure and its frame as recited
`
`in Claim Accordingly for at
`
`least
`
`the above reasons Petitioner has failed to pre
`
`sent the requisite primafacie case of anticipation and the Petition fails to establish
`
`reasonable likelihood that Claim would be anticipated by Duhame
`
`Page
`
`of 28
`
`Page 4
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`
`
`Case IPR2O 14-00649
`Patent No 7548037
`
`GROUNDECLAIM1
`
`secure just speedy and inexpensive resolution of every proceeding
`
`as required by 37 C.F.R 42.1b the Board may deny some or all grounds for
`
`unpatentability
`
`for some or all of the challenged claims 37 C.F.R 42.108b
`
`UUSI
`
`respectfully requests the Board to not institute Ground
`
`because Ground
`
`is redundant in view of Grounds
`
`and
`
`which also allege that Claim is
`
`obvious
`
`Additionally the Petition fails to establish
`
`reasonable likelihood that Claim
`
`would be obvious in view of U.S Patent No 5218282 Duhame Ex 1010
`
`and U.S Patent No 4433509 Seppala Ex 1016 for at least the following rea
`
`sons Claim recites
`
`method for detecting presence of an object caught be
`
`tween
`
`closure and its respective frame Ex 1003 at 27 31-32 Duhame does not
`
`teach at least the above-quoted limitations of Claim for similar reasons to those
`
`set forth hereinabove regarding Petitioners alleged Ground
`
`Seppala does not
`
`cure the deficiencies of Duhame with respect
`
`to Claim Many automobiles espe
`
`cially those around the filing date of Seppala had frameless side windows to save
`
`cost
`
`Seppala appears to have such
`
`frameless window Therefore for at least the
`
`above reasons Petitioner has failed to present
`
`the requisite prima facie case of ob
`
`viousness and the Petition fails to establish
`
`reasonable likelihood that Claim
`
`would be obvious in view Duhame and Seppala
`
`PageS of 28
`
`Page 5
`
`
`
`Case IPR2O14-00649
`Patent No 7548037
`
`GROUNDFCLAIM7
`
`The Petition fails to establish
`
`reasonable likelihood that Claim would be
`
`anticipated by U.S Patent No 4831509 Jones Ex lOll for at least the fol
`
`lowing reasons
`
`JONES PREVIOUSLY APPLIED BY EXAMINER
`
`During prosecution of the 037 patent
`
`the Examiner alleged that Jones antic
`
`ipated the originally filed claims Ex 1004 Page 235 The Examiner nonetheless
`
`allowed the amended application
`
`DEFICIENCIES OF JONES
`
`Claim recites
`
`method for detecting presence of an object caught be
`
`tween
`
`closure and its respective frame Ex 1003 at 285-6 Jones does not dis
`
`close detecting an object caught between the closure and its frame as recited in
`
`Claim Jones relates to roller type doors
`
`compris flexible door curtain
`
`which can be raised and lowered from drum located above the door aperture of
`
`the type used for
`
`tall garage door opening and actuated by
`
`remote control unit
`
`Ex 1011 at 15-9 The roller type doors however
`
`inherently do not
`
`include
`
`frame Furthermore Jones does not explicitly show or describe
`
`frame either
`
`Jones therefore does not disclose the claimed detecting an object caught between
`
`the closure and its frame Accordingly for at
`
`least the above reasons Petitioner
`
`has failed to present the requisite prima facie case of anticipation and the Petition
`
`Page
`
`of 28
`
`Page 6
`
`
`
`Case 1PR20 14-00649
`Patent No 7548037
`reasonable likelihood that Claim would be anticipated by
`
`fails to establish
`
`Jones
`
`GROUND
`
`CLAIM
`
`UUSI respectfully requests the Board to not institute Ground
`
`because
`
`Ground
`
`is redundant
`
`in view of Grounds
`
`and
`
`which also allege that
`
`Claim is obvious in contravention of 37 C.F.R 42.1b
`
`Additionally the Petition fails to establish
`
`reasonable likelihood that Claim
`
`would be obvious in view of U.S Patent No 4831509 Jones Ex 1011 and
`
`U.S Patent No 4433509 Seppala Ex 1016 for at least the following reasons
`
`Claim recites
`
`method for detecting presence of an object caught between
`
`closure and its respective frame Ex 1003 at 2731-32 Jones does not teach at
`
`least
`
`the above-quoted limitations of Claim for similar reasons to those set forth
`
`hereinabove regarding Petitioners alleged Ground
`
`Seppala does not cure the
`
`deficiencies of Jones with respect
`
`to Claim Seppala appears to have
`
`frameless
`
`side window which was common when Seppala was filed Therefore for at least
`
`the above reasons Petitioner has failed to present the requisite prilnafacie case of
`
`obviousness and the Petition fails to establish
`
`reasonable likelihood that Claim
`
`would be obvious in view Jones and Seppala
`
`Page
`
`of 28
`
`Page 7
`
`
`
`III
`
`KLESING Is NOT PRIOR ART
`
`Case IPR2O 14-00649
`Patent No 7548037
`
`GROUND
`
`CLAIMS lAND 13
`
`UUSI respectfully requests the Board to not institute Ground
`
`because
`
`Ground
`
`is redundant in view of Grounds
`
`and
`
`which also allege that
`
`Claims
`
`and 13 are anticipated in contravention of 37 C.F.R 42.1b
`
`Additionally the Petition fails to establish
`
`reasonable likelihood that
`
`Claims
`
`and 13 would be anticipated by International Publication No
`
`W000/14846 Translation Klesing Ex 1013 because Kiesing is not prior art
`
`fdr the challenged claims of the 037 patent Klesing is not prior art because Kles
`
`ing PCT publication date in the German language is March 16 2000 see Ex
`
`1013 Page
`
`whereas as shown in the following claim charts presented as exam
`
`ples the challenged claims of the 037 patent are supported by an earlier filed
`
`U.S Patent Application No 08/736786 filed on October 25 1996 now U.S pat
`
`No 6064165 the 786 Application Ex 2001 to which the 037 patent claims
`
`priority See Ex 1004 Page
`
`and Ex 2002 Since Klesing PCT publication
`
`date is after the filing date of the 786 Application Klesing was not described in
`
`printed publication in this or
`
`foreign country before the invention thereof by the
`
`applicant as required by 35 U.S.C
`
`102a nor 102b and Klesing is therefore
`
`not prior art for the challenged claims of the 037 patent
`
`Page
`
`of 28
`
`Page 8
`
`
`
`Support for the present Claims
`
`Case 1PR2014-00649
`Patent No 7548037
`and 13 can be found in the 786 Applica
`
`tion in at least the following exemplary and non-limiting locations
`
`Claim
`
`786 Application
`
`method for detecting the
`presence of an object caught
`closure and its re
`between
`spective frame of
`tem comprising
`
`power sys
`
`The present
`invention provides method and ap
`paratus for controlling operation of motor vehicle
`power window systems as well as power roof
`panels Ex 2001 at Page
`Lines 9-10
`
`It is also desirable to detect
`soft obstruction in
`the window travel path as well as
`tion Id at Page
`Lines 30-3
`
`hard obstruc
`
`The control system of the invention includes
`sensor which provides absolute position speed
`and direction of movement and
`control circuit
`for controllably activating motor to move
`In accordance with one embod
`window or panel
`iment of the invention the control circuit acti
`vates the motor to move window or panel along
`the motor if an ob
`travel path and deactivates
`stacle is encountered by the window or panel Id
`Lines 11-16
`at Page
`
`The purpose of the standard is to minimize the
`limb is
`risk of personal injury that could result if
`closing power operated window
`caught between
`and the window frame Id at Page
`Lines 22-
`24
`
`Page
`
`of 28
`
`Page 9
`
`
`
`Claim
`
`786 Application
`
`Case 1PR2014-00649
`Patent No 7548037
`
`closure for open
`providing
`ing and closing via being
`driven by an electric drive mo
`tor controlled by
`
`control
`
`circuit
`
`The present invention provides method and ap
`paratus for controlling operation of motor vehicle
`power window systems as well as power roof
`panels The control system of the invention in
`sensor which provides absolute position
`cludes
`speed and direction of movement and
`control
`circuit for controllably activating motor to move
`In accordance with one em
`window or panel
`bodiment of the invention the control circuit acti
`vates the motor to move window or panel along
`the motor if an ob
`travel path and deactivates
`stacle is encountered by the window or panel id
`Lines 9-16
`at Page
`
`Page 10 of 28
`
`Page 10
`
`
`
`Claim
`
`786 Application
`
`Case IPR2O 14-00649
`Patent No 7548037
`
`variable parame
`calculating
`ter value utilizing
`system
`equation said system equation
`number of
`including
`coefficients which are multi
`number of different
`plied by
`parameter values measured
`period of time such that
`over
`said variable parameter value
`series of dif
`for any one of
`ferent times is based upon
`plurality of measured parame
`ter values measured over pe
`riod of time
`
`In practice
`current profile would be taken as
`series of
`current samples
`at discrete positions
`As the system in question is re
`time or speeds
`peatedly cycled the profiles would be denoted
`jIj21j3 etc .. for the th sample of the first se
`cond and third current profiles respectively In
`the Ij current value corresponding to
`general
`profile position Yj for the nth cycle of operation
`func
`could be predicted to
`certain degree by
`tion of the current values knm of the previous cy
`and 1SkN and the previous
`cles i.e
`ci cj of the nth cycle In
`current values
`practical device the complexity of the predictive
`function process used would depend on the
`computing power available the type of depend
`ence between the Ijn and the desired degree of ac
`curacy in the prediction During operation if
`predictive process was employed the predicted
`value
`for the th current sample of the nth pro
`file could be compared to 1jn the measured one If
`between the two values
`the difference
`were within the nominal accuracy of the predic
`tive process Ai the system would be considered
`to be in normal operation If E1 exceeded the
`nominal accuracy limit
`the presence of
`an obstruction or jam could be suspected Id at
`Page 21 Lines 7-22
`
`system equation is
`non-limiting example of
`PSummation1 Eq where 0iM
`and Mcn Id at Page 25 Lines 4-5 and aj are
`coefficients Id at Page 25 Line
`
`Page 11 of 28
`
`Page 11
`
`
`
`Claim
`
`786 Application
`
`Case 1PR2014-00649
`Patent No 7548037
`
`Predictive processes such as Eqs 17 will gener
`low
`ally have their coefficients selected to give
`pass filtering or weighted averaging across
`previous cycles In this way information from the
`the be
`past and present cycles is used to predict
`havior of the next cycle Id at Page 31 Lines 5-
`
`In summary predictive processes can be used to
`build predicted profiles from averages across mul
`tiple cycles from values within the present cycle
`or from both The characteristics of the motion
`being predicted can be stored in the predicted pro
`files as in Eqs 1-3 or can be stored in the parame
`ters of the process as in Eq 11 However once
`predictive process is applied the predicted load
`profile values are then compared to the measured
`significant difference be
`ones When there is
`fluctuations and/or sys
`yond expected statistical
`tem noise the existence of an abnormality can be
`particular case of interest the ab
`inferred In
`normality could be due to an obstruction caught
`moving part The motion is then stopped
`slowed and/or
`reversed to allow the obstruction to
`be cleared Lowpass filtered load profile and/or
`bandpass filtered profiles can both be used The
`lowpass filtered load profile allows detection of
`small long-term changes in load profile such as
`soft obstruction or minor
`might be caused by
`failure The bandpass filtered version
`mechanical
`of the load profile allows rapid detection of hard
`obstructions which cause abrupt changes in load
`profile Id at Page 38 Lines 15-29
`
`in
`
`Page 12 of 28
`
`Page 12
`
`
`
`Claim
`
`786 Application
`
`Case IPR2O14-00649
`Patent No 7548037
`
`variable parameter
`sensing
`value of the power system
`during closing of the closure
`
`comparing said sensed varia-
`ble parameter value to
`previ-
`ously calculated variable pa-
`rameter value based upon
`presumption of how said
`predicted variable parameter
`value would behave without
`the presence of an object and
`
`detecting an object caught be-
`tween the closure and its
`
`respective frame based on the
`result of the compared
`parameter values
`
`The control system of the invention includes
`sensor which provides absolute position speed
`and direction of movement
`for controllably acti
`vating motor to move window or panel In ac
`cordance with one embodiment of the invention
`the control circuit activates the motor to move
`window or panel along
`travel path and deac
`tivates the motor if an obstacle is encountered by
`Lines 11-16
`the window or panel Id at Page
`
`motor sense circuit coupled to the control cir
`cuit senses the motor current as the motor moves
`the window or panel along its travel path Id at
`Lines 16-20
`Page
`
`During operation if
`predictive process was
`employed the predicted value Pj for the jr cur
`rent sample of the nth profile could be compared
`to Ijn the measured one Id at Page 21 Lines
`17-19
`
`If the difference
`between the two
`values were within the nominal accuracy of the
`predictive process Ai the system would be con
`exceeded
`sidered to be in normal operation If
`Ai the pres
`the nominal accuracy limit
`ence of an obstruction or jam could be suspect
`ed Id at Page 21 Lines 19-22
`
`Page 13 of28
`
`Page 13
`
`
`
`Claim 13
`
`786 Application
`
`Case 1PR2014-00649
`Patent No 7548037
`
`moving
`
`13 method for controlling
`activation of motor for
`window or panel
`path of travel and de-
`along
`activating the motor if an ob
`stacle is encountered during
`movement of the window or
`panel along its path of travel
`the method comprising
`
`The present invention provides method and ap
`paratus for controlling operation of motor vehicle
`power window systems as well as power roof
`panels Ex 2001 at Page
`Lines 9-10
`
`It is also desirable to detect
`soft obstruction in
`the window travel path as well as
`tion Id at Page
`Lines 30-31
`
`hard obstruc
`
`The control system of the invention includes
`sensor which provides absolute position speed
`and direction of movement and
`control circuit
`for controllably activating motor to move
`window or panel In accordance with one embod
`iment of the invention the control circuit acti
`vates the motor to move window or panel along
`the motor if an ob
`travel path and deactivates
`stacle is encountered by the window or panel Id
`Lines 11-16
`at Page
`
`Page 14of28
`
`Page 14
`
`
`
`Case IPR2O14-00649
`Patent No 7548037
`
`Claim 13
`
`786 Application
`
`parameter of the
`measuring
`motor that varies in response
`to the window or panel en
`countering an obstacle while
`moving along its path of trav
`el
`
`Striking an obstruction causes the motor current
`to rise since the energy supplied by the battery is
`no longer dissipated in rotating the motor shaft
`motor sense circuit coupled to the control circuit
`senses the motor current as the motor moves the
`window or panel along its travel path Id at Page
`Lines 16-20
`
`When the obstruction detection process is active
`motor current is measured every two milliseconds
`and compared against the template value Id at
`Page 17 Lines 21-23
`
`If the motor current
`is greater than the normal
`start current measured during calibration then an
`obstruction has been detected Id at Page 19
`Lines 5-7
`
`predictive process was
`During operation if
`employed the predicted value Pj for the th cur
`rent sample of the nth profile could be compared
`to Ijn the measured one Id at Page 21 Lines
`17-19
`
`are the measured and predicted values
`1jn and
`for the Ui position of the nt
`of the motor current
`cycle Id at Page 39 Line 10-11
`
`Page 15 of28
`
`Page 15
`
`
`
`Claim 13
`
`786 Application
`
`Case 1PR2014-00649
`Patent No 7548037
`
`calculating
`
`threshold value
`
`system equation
`utilizing
`said system equation including
`number of coefficients
`which are multiplied by
`number of different parameter
`values measured over
`period
`of time such that said
`threshold value for any one of
`series of different times
`plurality of
`is based upon
`measured parameter values
`measured over
`period of
`
`time
`
`In practice
`current profile would be taken as
`series of
`current samples
`at discrete positions
`As the system in question is re
`time or speeds
`peatedly cycled the profiles would be denoted
`sample of the first se
`j1j2j3 etc .. for the
`cond and third current profiles respectively
`In
`general the Jth current value corresponding to
`for the nth cycle of operation
`profile position
`func
`could be predicted to
`certain degree by
`tion of the current values knm of the previous cy
`and lkSN and the previous
`cles i.e
`.cj of the nth cycle In
`current values Ij..i
`practical device the complexity of the predictive
`function process used would depend on the
`computing power available the type of depend
`ence between the 1jn and the desired degree of ac
`curacy in the prediction During operation if
`predictive process was employed the predicted
`value
`for the th current sample of the
`pro
`the measured one If
`file could be compared to
`between the two values
`the difference
`were within the nominal accuracy of the predic
`tive process Ai the system would be considered
`exceeded the
`to be in normal operation If
`Ai the presence of
`nominal accuracy limit
`an obstruction or jam could be suspected Id at
`Page 21 Lines 7-22
`
`system equation is
`non-limiting example of
`where OSicM
`PSummation1
`Ijn.1 Eq
`and Mcn Id at Page 25 Lines 4-5 and aj are
`coefficients Id at Page 25 Line
`
`Page 16 of 28
`
`Page 16
`
`
`
`Claim 13
`
`786 Application
`
`Case IPR2O 14-00649
`Patent No 7548037
`
`Predictive processes such as Eqs 1-7 will gener
`low
`ally have their coefficients selected to give
`pass filtering or weighted averaging across
`previous cycles In this way information from the
`the be
`past and present cycles is used to predict
`havior of the next cycle Id at Page 31 Lines 5-
`
`In summary predictive processes can be used to
`build predicted profiles from averages across mul
`tiple cycles from values within the present cycle
`or from both The characteristics of the motion
`being predicted can be stored in the predicted pro
`files as in Eqs 1-3 or can be stored in the parame
`ters of the process as in Eq 11 However once
`predictive process is applied the predicted load
`profile values are then compared to the measured
`significant difference be
`ones When there is
`fluctuations and/or sys
`yond expected statistical
`tem noise the existence of an abnormality can be
`inferred In particular case of interest the ab
`normality could be due to an obstruction caught
`moving part The motion is then stopped
`slowed and/or
`reversed to allow the obstruction to
`be cleared Lowpass filtered load profile and/or
`bandpass filtered profiles can both be used The
`lowpass filtered load profile allows detection of
`small long-term changes in load profile such as
`soft obstruction or minor
`might be caused by
`mechanical failure The bandpass filtered version
`of the load profile allows rapid detection of hard
`obstructions which cause abrupt changes in load
`profile Id at Page 38 Lines 15-29
`
`in
`
`Page 17 of 28
`
`Page 17
`
`
`
`Claim 13
`
`786 Application
`
`Case IPR2O 14-0064
`Patent No 7548037
`
`value of the parame
`sensing
`ter during movement of the
`window or panel along its path
`of travel
`
`The control system of the invention includes
`sensor which provides absolute position speed
`and direction of movement for controllably acti
`In ac
`vating motor to move window or panel
`cordance with one embodiment of the invention
`the control circuit activates the motor to move
`window or panel along
`travel path and deac
`tivates the motor if an obstacle is encountered by
`the window or panel Id at Page
`Lines 11-16
`
`motor sense circuit coupled to the control cir
`cuit senses the motor current as the motor moves
`the window or panel along its travel path Id at
`Lines 16-20
`Page
`
`determining if an obstacle has
`been encountered by the
`window or panel by compar
`ing the sensed parameter
`value to the previously calcu
`lated threshold value based
`presumption of how
`upon
`said calculated threshold
`value would behave without
`encountering an obstacle
`
`predictive process was
`During operation if
`employed the predicted value Pj for the th cur
`rent sample of the ntI profile could be compared
`to 1jn the measured one If the difference
`between the two values were within the nomi
`nal accuracy of the predictive process Ai the
`system would be considered to be in normal oper
`ation If
`exceeded the nominal accuracy limit
`Ai the presence of an obstruction or jam
`could be suspected Id at Page 21 Lines 17-22
`
`Accordingly since Claims
`
`and 13 of the 037 patent are supported by the
`
`786 Application and since Kiesing is not prior art for Claims
`
`and 13 of the 037
`
`patent Klesing does not anticipate Claims
`
`and 13 and the Petition fails to estab
`
`lish reasonable likelihood that Claims
`
`and 13 would be anticipated by Kiesing
`
`for at least these reasons
`
`Page 18 of28
`
`Page 18
`
`
`
`Case IPR2O 14-00649
`Patent No 7548037
`
`GROUND
`
`CLAIM
`
`UUSI respectfully requests the Board to not institute Ground
`
`because
`
`Ground
`
`is redundant
`
`in view of Grounds
`
`and
`
`which also allege that
`
`Claim is obvious in contravention of 37 C.F.R 42.1b
`
`Furthermore the Petition fails to establish
`
`reasonable likelihood that Claim
`
`would be obvious in view of the combination of International Publication No
`
`W000/14846 Translation Klesing Ex 1013 and U.S Patent No 5483133
`
`Takabe Ex 1017 because Claim is supported by the 786 Application as
`
`shown in the following claim chart presented as example and Klesing is there
`
`fore not prior art as explained above for Ground
`
`Support for the present Claim can be found in the 786 Application in at
`
`least the following exemplary and non-limiting locations
`
`Page 19 of28
`
`Page 19
`
`
`
`Claim
`
`786 Application
`
`Case 1PR2014-00649
`Patent No 7548037
`
`method for detecting the
`presence of an object caught
`closure and its re
`between
`spective frame of power sys
`tem comprising
`
`The present invention provides method and ap
`paratus for controlling operation of motor vehicle
`power window systems as well as power roof
`panels Ex 2001 at Page
`Lines 9-10
`
`It is also desirable to detect
`soft obstruction in
`the window travel path as well as
`tion Id at Page
`Lines 30-3
`
`hard obstruc
`
`The control system of the invention includes
`sensor which provides absolute position speed
`and direction of movement and
`control circuit
`for controllably activating motor to move
`window or panel In accordance with one embod
`iment of the invention the control circuit acti
`vates the motor to move window or panel along
`the motor if an ob
`travel path and deactivates
`stacle is encountered by the window or panel Id
`Lines 11-16
`at Page
`
`The purpose of the standard is to minimize the
`limb is
`injury that could result if
`risk of personal
`closing power operated window
`caught between
`and the window frame Id at Page
`Lines 22-
`24
`
`Page 20 of 28
`
`Page 20
`
`
`
`Case IPR2O 14-00649
`Patent No 7548037
`
`Claim
`
`786 Application
`
`circuit
`
`The present invention provides method and ap
`closure for open-
`providing
`paratus for controlling operation of motor vehicle
`ing and closing via
`regulator
`driven by an electric drive mo- power window systems as well as power roof
`panels The control system of the invention in-
`tor controlled by
`control
`sensor which provides absolute position
`cludes
`speed and direction of movement and
`control
`circuit for controllably activating motor to move
`In accordance with one em
`window or panel
`bodiment of the invention the control circuit acti
`vates the motor to move window or panel along
`the motor if an ob
`travel path and deactivates
`stacle is encountered by the window or panel Id
`Lines 9-16
`at Page
`
`Page 21 of28
`
`Page 21
`
`
`
`Claim
`
`786 Application
`
`Case 1PR2014-00649
`Patent No 7548037
`
`predicted varia
`calculating
`ble parameter value utilizing
`system equation said system
`number
`equation including
`of coefficients which are mul
`number of
`tiplied by
`different parameter values
`measured over
`period of
`time such that said predicted
`variable parameter value
`series of dif
`for any one of
`ferent times is based upon
`plurality of measured parame
`ter values measured over
`period of time
`
`In practice
`series of
`
`cunent profile would be taken as
`cunent samples
`at discrete positions
`As the system in question is re
`time or speeds
`peatedly cycled the profiles would be denoted
`for the th sample of the first se
`jJj2j3 etc ..
`cond and third cunent profiles respectively In
`cunent value conesponding to
`general the
`for the nth cycle of operation
`profile position
`func
`could be predicted to
`certain degree by
`tion of the cunent values knm of the previous cy
`and lkN and the previous
`cles i.e
`ci cj of the nt cycle In
`cunent values 1j1n
`practical device the complexity of the predictive
`function process used would depend on the
`computing power available the type of depend
`and the desired degree of ac
`ence between the
`curacy in the prediction During operation if
`predictive process was employed the predicted
`for the th cunent sample of the nt pro
`value
`file could be compared to ijn the measured one If
`between the two values
`the difference
`were within the nominal accuracy of the predic
`tive process Ai the system would be considered
`exceeded the
`to be in normal operation If
`nominal accuracy limit Ej
`the presence of
`an obstruction or jam could be suspected Id at
`Page 21 Lines 7-22
`
`non-limiting example of
`system equation is
`PSummation Jj Eq where 0icM
`and Mn Id at Page 25 Lines 4-5 and aj are
`
`coefficients Id at Page 25 Line
`
`Page 22 of 28
`
`Page 22
`
`
`
`Claim
`
`786 Application
`
`Case 1PR2014-00649
`Patent No 7548037
`
`Predictive processes such as Eqs 1-7 will gener
`low
`ally have their coefficients selected to give
`pass filtering or weighted averaging across
`previous cycles In this way information from the
`past and present cycles is used to predict the be
`havior of the next cycle Id at Page 31 Lines 5-
`
`In summary predictive processes can be used to
`build predicted profiles from averages across mul
`tiple cycles from values within the present cycle
`or from both The characteristics of the motion
`being predicted can be stored in the predicted pro
`files as in Eqs 1-3 or can be stored in the parame
`ters of the process as in Eq 11 However once
`predictive process is applied the predicted load
`profile values are then compared to the measured
`significant difference be
`ones When there is
`fluctuations and/or sys
`yond expected statistical
`tem noise the existence of an abnormality can be
`particular case of interest the ab
`inferred In
`normality could be due to an obstruction caught
`moving part The motion is then stopped
`slowed and/or
`reversed to allow the obstruction to
`be cleared Lowpass filtered load profile and/or
`bandpass filtered profiles can both be used The
`lowpass filtered load profile allows detection of
`small long-term changes in load profile such as
`soft obstruction or minor
`might be caused by
`mechanical failure The bandpass filtered version
`of the load profile allows rapid detection of hard
`obstructions which cause abrupt changes in load
`profile Id at Page 38 Lines 15-29
`
`in
`
`Page 23 of 28
`
`Page 23
`
`
`
`Claim
`
`786 Application
`
`Case 1PR2014-00649
`Patent No 7548037
`
`The control system of the invention includes
`sensor which provides absolute position speed
`and direction of movement for controllably acti
`vating motor to move window or panel In ac
`cordance with one embodiment of the invention
`the control circuit activates the motor to move
`window or panel along
`travel path and deac
`tivates the motor if an obstacle is encountered by
`Lines 11-16
`the window or panel Id at Page
`
`motor sense circuit coupled to the control cir
`cuit senses the motor current as the motor moves
`the window or panel along its travel path Id at
`Lines 16-20
`Page
`
`predictive process was
`During operation if
`for the th cur
`employed the predicted value
`rent sample of the nth profile could be compared
`to ijn the measured one Id at Page 21 Lines
`17-19
`
`variable parameter
`sensing
`value of the power system
`during closing of the closure
`
`comparing said sensed varia
`ble parameter value to
`previ
`ously predicted variable pa
`rameter value based upon
`presumption of how said pre
`dicted variable parameter
`value would behave without
`the presence of an object
`and
`
`Page 24 of 28
`
`Page 24
`
`
`
`Claim
`
`786 Application
`
`Case IPR2O 14-00649
`Patent No 7548037
`
`detecting an object caught be-
`tween the closure and its
`
`respective frame based on the
`result of the compared
`parameter values
`
`If the difference
`between the two
`values were within the nominal accuracy of the
`predictive process Ai the system would be con-
`exceeded
`sidered to be in normal operation If
`the nominal accuracy limit
`the pres
`ence of an obstruction or jam could be suspect
`ed Id at Page 21 Lines 19-22
`
`The purpose of the standard is to minimize the
`risk of personal injury that could result if
`limb is
`closing power operated window
`caught between
`and the window frame Id at Page
`Lines 22-
`24
`
`Therefore for at least these reasons the Petition fails to establish
`
`reasona
`
`ble likelihood that Claim would be obvious in view Klesing and Takabe
`
`Page 25 of 28
`
`Page 25
`
`
`
`Case IPR2O 14-00649
`Patent No 7548037
`
`IV CONCLUSION
`
`For the above reasons UTJSI requests that the Board deny at least
`
`in part the
`
`Petition for inter partes review of the 037 patent
`
`Dated
`
`Resr11Ysube7
`Cf7OBy
`
`Monte
`Falcoff
`Reg%376 17
`I%mant
`Keskar
`/Reg No 61776
`Attorneys for Patent Owner UUSI
`
`Page 26 of 28
`
`Page 26
`
`
`
`Case IPR2O 14-00649
`Patent No 7548037
`
`APPENDIX
`
`LIST Or EXHIBITS
`
`Exhibit
`
`Description
`
`2001
`
`2002
`
`U.S Patent Application No 08/736786
`
`Clearer Copy Of First Page Of Exhibit 2001
`Showing Filing Date of U.S Patent Application
`No 08/736786
`
`Page 27 of 28
`
`Page 27
`
`
`
`Case IPR2O 14-00649
`Patent No 7548037
`CERTIFICATE OF SERVICE UNDER 37 C.F.R 42.6E4
`
`It
`
`is hereby certified that today 7/2 2014
`
`copy of the foregoing doc
`
`ument was served via electronic mail upon the following
`
`Craig
`
`Leavell
`
`craig.1eavellkirk1and.com
`Alyse Wu
`a1yse.wukirk1and.com
`KIRKLAND
`ELLIS LLP
`Attorneys for Petitioner
`
`Respectfttlly su
`
`Dated ________
`
`By
`
`18677595.5
`
`4A
`
`Monte
`Falcoff
`Reg No 37617
`Hemant
`Keskar
`Reg No 61776
`Attorneys for Patent Owner UUSI
`
`Page 28 of 28
`
`Page 28
`
`
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