`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________
`
`FORD MOTOR COMPANY
`Petitioner
`
`v.
`
`EMPIRE IP LLC
`Patent Owner
`
`____________
`
`Case No. TBD
`Patent 7,389,198
` ____________
`
`
`
`
`
`PETITION FOR INTER PARTES REVIEW
`
`OF U.S. PATENT NO. 7,389,198
`
`
`
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`

`

`
`
`Petition for Inter Partes Review of
`U.S. Patent No. 7,389,198
`
`TABLE OF CONTENTS
`TABLE  OF  CONTENTS  .........................................................................................................................................  1  
`I. INTRODUCTION  ..................................................................................................................................................  1  
`II. GROUNDS  FOR  STANDING  UNDER  37  C.F.R.  §  42.104(A)  ..................................................................  1  
`III. IDENTIFICATION  OF  CHALLENGE  UNDER  37  C.F.R.  §  42.104(B)  AND  RELIEF  REQUESTED   1  
`IV. SUMMARY  OF  THE  ‘198  PATENT  ..................................................................................................................  3  
`
`V. THERE  IS  A  REASONABLE  LIKELIHOOD  THAT  THE  CHALLENGED  CLAIMS  ARE  
`UNPATENTABLE  ...................................................................................................................................................  5  
`
`A.   DESCRIPTION  OF  THE  ALLEGED  INVENTION  OF  THE  ‘198  PATENT  ..............................................................................  3  
`B.   LEVEL  OF  A  PERSON  HAVING  ORDINARY  SKILL  IN  THE  ART  .................................................................................  4  
`C.   CLAIM  CONSTRUCTION  UNDER  37  C.F.R.  §  42.104(B)(3)  ...................................................................................  4  
`A.   BREED  IN  VIEW  OF  TSENG  RENDERS  CLAIMS  1,  2,  4,  5,  8,  9,  10,  11,  12,  AND  13  OBVIOUS  UNDER  35  U.S.C.  §  
`103(A)  .........................................................................................................................................................................................  5  
`B.   GEHLOT  IN  VIEW  OF  TSENG  RENDERS  CLAIMS  1,  2,  3,  4,  5,  8,  11,  12,  AND  13  OBVIOUS  UNDER  35  U.S.C.  
`§  103(A)  ..................................................................................................................................................................................  21  
`A.   REAL  PARTY-­‐IN-­‐INTEREST  AND  RELATED  MATTERS  ...................................................................................................  35  
`B.   LEAD  AND  BACK-­‐UP  COUNSEL  UNDER  37  C.F.R.  §  42.8(B)(3)  ..................................................................................  35  
`C.   PAYMENT  OF  FEES  UNDER  37  C.F.R.  §  42.103  .............................................................................................................  36  
`
`VI. MANDATORY  NOTICES  UNDER  37  C.F.R.  §  42.8(A)(1)  ....................................................................  35  
`
`VII.  CONCLUSION  .................................................................................................................................................  36  
`
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`I.
`
`INTRODUCTION
`
`Pursuant to the provisions of 35 U.S.C. §§ 311-319, and 37 C.F.R. § 42.100, Ford
`
`Motor Company (“Petitioner”) request an Inter Partes Review (“IPR”) of claims 1, 2, 3,
`
`4, 5, 8, 9, 10, 11, 12, and 13 (the “Challenged Claims”) of U.S. Patent No. 7,389,198
`
`(the “‘198 Patent”) issued on June 17, 2008 to James C. Dimitriadis (“Applicant”) and
`
`resulting from application serial number 11/708,385 that was filed on February 20,
`
`2007. Exhibit 1001, ‘198 Patent; Exhibit 1002, ‘198 Patent File History. The ‘198
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`Patent purports to claim priority to provisional application no. 60/816,256, filed June 26,
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`2006, and provisional application no. 60/852,620, filed Oct. 18, 2006. According to
`
`Patent Office records, the ‘198 Patent is currently assigned to Empire IP LLC (“Empire”
`
`or “Patent Owner”).
`
`II. GROUNDS FOR STANDING UNDER 37 C.F.R. § 42.104(A)
`
`Petitioners certify that the ‘198 Patent is available for IPR and that Petitioners are
`
`not barred or estopped from requesting IPR challenging any claim of the ‘198 Patent.
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`Specifically, Petitioner (1) does not own the ‘198 Patent; (2) has not filed a civil action
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`challenging the validity of any claim of the ‘198 Patent; and (3) has not been served with
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`a complaint alleging infringement of the ‘198 Patent.
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`III.
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`IDENTIFICATION OF CHALLENGE UNDER 37 C.F.R. § 42.104(B)
`AND RELIEF REQUESTED
`
`Petitioner requests that the Patent Trial and Appeal Board (“the Board”)
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`review the accompanying prior art and analysis, find that there is a reasonable
`
`likelihood that Petitioner would prevail as to the Challenged Claims, institute inter
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`partes review of the Challenged Claims, and ultimately cancel the Challenged
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`Claims as unpatentable over prior art under 35 U.S.C. §§ 102/103 in view of one or
`
`more of the references and/or combinations of references identified below:  
`
`Ground
`Number
`
`1
`
`2
`
`Proposed Statutory Rejections for the ‘198 Patent
`
`Claims 1, 2, 4, 5, 8, 9, 10, 11, 12, and 13 are obvious under § 103(a) by
`U.S. Patent No. 6,720,920 to Breed et al. (“Breed”) (Exhibit 1003) in
`view of U.S. Patent No. 6,959,970 to Tseng et al. (“Tseng”) (Exhibit
`1004). Breed was filed on April 9, 2002, issued on April 13, 2004, and
`qualifies as prior art to the ‘198 Patent under § 102(b). Tseng was filed
`on March 18, 2004, issued on November 1, 2005, and qualifies as prior
`art to the ‘198 Patent under at least §§ 102(a) and 102(e).
`Claims 1, 2, 3, 4, 5, 8, 11, 12, and 13 are obvious under §103(a) by U.S.
`Patent No. 6,163,277 to Gehlot (“Gehlot”) (Exhibit 1005) in view of
`Tseng. Gehlot was filed on October 22, 1998, issued on December 9,
`2000, and qualifies as prior art to the ‘198 Patent under § 102(b).
`
`
`
`Section V identifies where each element of the Challenged Claim is found in the
`
`prior art references. 37 C.F.R. § 42.104(b)(4). The exhibit numbers of the supporting
`
`evidence relied upon to support the challenges are provided above and the relevance of
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`the evidence to the challenges raised are provided in Section V. 37 C.F.R. § 42.104(b)(5).
`
`This evidence establishes a reasonable likelihood that Petitioners will prevail as to the
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`Challenged Claims.
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`IV. SUMMARY OF THE ‘198 PATENT
`A. Description Of The Alleged Invention Of The ‘198 Patent
`
`The ‘198 patent describes a vehicle speed monitoring system that generates
`
`alerts and other outputs when a speed limit is exceeded. See Ex. 1001, ‘198 Patent
`
`at Abstract. The system includes a number of components, an overview of which is
`
`illustrated in the schematic diagram of Figure 1:
`
`
`
` First, in lieu of a standard speedometer, an electromagnetic transceiver
`
`(e.g., “electromagnetic transmitting and receiving apparatus that . . . may be a radar
`
`apparatus 20”) is used to measure the vehicle speed relative to a stationary object
`
`(e.g., roadway marker 26). Id. at 1:67-2:12. Second, a Global Positioning System
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`(GPS) receiver or other apparatus is used to determine the vehicle’s current
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`position. Id. at 2:27-29. Third, the system includes a “date and time apparatus” 32.
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`Id. at 2:29-30. Because GPS satellite signals include both accurate date and time
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`information, the ‘198 Patent teaches that the “date and time apparatus . . . may be
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`independent or may use the GPS.” Id. Although no specific use of the “date and
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`time apparatus” is claimed, the specification describes using said component to
`
`record the duration over which a vehicle was speeding. Id. at 2:48-52. Finally, the
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`‘198 Patent describes a variety of outputs, which are triggered when the vehicle
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`exceeds the speed limit. These include visual alerts via a display, audible alerts via
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`a speaker, internal and external lights, direct intervention by law enforcement, and
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`a vehicle-mounted printer for printing speeding tickets. Id. at 2:54-3:6.
`
`B.
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`Level Of A Person Having Ordinary Skill In The Art
`
`A person having ordinary skill in the art at the time of the ‘198 Patent would
`
`have a B.S. in electrical engineering or related engineering discipline and at least
`
`two years of industry experience in the field of automotive electronics, or
`
`equivalent experience and/or education. The person would also have some
`
`knowledge or familiarity with electromagnetic transceivers. Ex. 1006, McIntosh
`
`Declaration at ¶ 27.
`
`C. Claim Construction Under 37 C.F.R. § 42.104(b)(3)
`
`A claim subject to IPR receives the “broadest reasonable construction in
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`light of the specification of the patent in which it appears.” 37 C.F.R. § 42.100(b).
`
`Unless otherwise noted below, Petitioner proposes, for purposes of IPR only, that
`
`the claim terms of the ‘198 Patent are presumed to take on their ordinary and
`
`customary meaning that the term would have to one of ordinary skill in the art.
`
`The claim construction analysis is not, and should not be viewed as, a concession
`
`by Petitioner as to the proper scope of any claim term in any litigation. These
`
`assumptions are not a waiver of any argument in any litigation that claim terms in
`
`the ‘198 Patent are indefinite or otherwise invalid.
`
`V.
`
`THERE IS A REASONABLE LIKELIHOOD THAT THE
`CHALLENGED CLAIMS ARE UNPATENTABLE
`
`Vehicle speeding alert systems as disclosed and claimed in the ‘198 Patent
`
`long predate the earliest possible priority claim of the ‘198 Patent (i.e., June 26,
`
`1996). The following prior art references disclose each limitation of the
`
`Challenged Claims either alone or in combination with another reference. As such,
`
`the Challenged Claims are unpatentable. Included in the claim charts below are
`
`exemplary citations to the prior art references.
`
`A.
`
`Breed In View Of Tseng Renders Claims 1, 2, 4, 5, 8, 9, 10, 11, 12, and
`13 Obvious Under 35 U.S.C. § 103(a)
`
`Breed, which was not cited or considered during the original ‘198 Patent
`
`prosecution, discloses a wide variety of automobile safety features including safety
`
`warnings and two-way communications with roadside beacons. See, e.g., Ex. 1003,
`
`Breed at 1:26-34. Breed teaches that current vehicle position is determined using GPS
`
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`
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`(Id. at 36:5-17) and that current road speed limits can be determined using information
`
`received from roadside beacons. Id. at 57:48-58:13. Breed also monitors for speeding
`
`infractions, and when detected, triggers a variety of alerts/outputs and records those
`
`violations in memory. See id. at 30:37-38 and 75:54-67.
`
`Although Breed does not expressly disclose determining a vehicle speed
`
`relative to a roadside marker via a transceiver, Breed does describe taking multiple
`
`vehicle position readings relative to a roadside marker via a transceiver. Id. at
`
`44:26-31. Calculation of vehicle speed given at least two position measurements is
`
`a simple time/distance calculation, and Breed does disclose an accurate clock as an
`
`element of his invention. Id. at 44:3-4. Breed also discloses that vehicle speed can
`
`be determined using “[a] noise radar velocity meter . . . which transmits a noise
`
`modulated radar pulse toward the ground at an angle to the vertical and measures
`
`the Doppler velocity of the returned signal to provide an accurate measure of the
`
`vehicle velocity relative to the ground.” Id. at 76:20-26. Breed further describes
`
`using radar to detect nearby objects to calculate a relative velocity. Id. at 75:38-47
`
`(“Radar 62 is primarily used to scan an environment close to and further from the
`
`vehicle than the range of the cameras and to provide an initial warning of potential
`
`obstacles in the path of the vehicle. . . . Doppler radar principles can be used to
`
`determine the object to host vehicle relative velocity.”). Finally, Breed describes
`
`two-way communications between vehicles and roadside markers. Id. at 44:15-23.
`
`To the extent these disclosures do not teach “an electronic transmit and receive
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`apparatus disposed in a land vehicle to detect speed relative to a roadway marker,” as
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`required by the Challenged Claims, it would have been obvious to modify Breed with the
`
`teachings of Tseng, which expressly describes a radar velocity sensor that measures the
`
`speed of a vehicle relative to a stationary object. Ex. 1006, McIntosh Declaration at ¶¶
`
`37-43.
`
`Tseng was not cited or considered during the original ‘198 Patent prosecution and
`
`generally teaches a vehicle stability control system. Ex. 1004, Tseng at Abstract. A wide
`
`variety of sensors monitor the state of the vehicle and its surroundings in support of
`
`Tseng’s stability control system. See, e.g., id. at FIG. 3; id. at 4:61-66 (“The
`
`controller 26 is used for receiving information from a number of sensors, which may
`
`include speed sensors 20, a yaw rate sensor 28, a lateral acceleration sensor 32, a roll rate
`
`sensor 34, a vertical acceleration sensor 35, a longitudinal acceleration sensor 36, a pitch
`
`rate sensor 37, and steering angle position sensor 38.”). One key sensor is an
`
`electromagnetic transceiver “used to generate a velocity signal or relative velocity signal
`
`of an object.” Id. at 5:45-48. Mounted to the front of a vehicle and utilizing radar
`
`technology, this velocity sensor calculates “the velocity of the vehicle . . . relative to a
`
`stationary object.” Id. at 5:45-56.
`
`Upon reading the disclosure of Tseng, a skilled artisan would have recognized that
`
`the described radar velocity transceiver would benefit the system described by Breed and
`
`result in a simpler and more robust system whereby radar could be used to determine the
`
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`
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`velocity of a vehicle relative to roadside beacons. Ex. 1006, McIntosh Declaration at ¶
`
`41. For example, Breed already describes (1) two-way communications between vehicles
`
`and roadside beacons and (2) using radar to determine the velocity of the vehicle relative
`
`to the road. See, e.g., Ex. 1003, Breed at 76:20-26 and 44:15-23. Rather than direct its
`
`radar signals toward the road, Breed could be easily modified to direct its radar signals
`
`toward the roadside beacons in order to calculate the vehicle’s velocity relative to
`
`stationary objects as taught by Tseng. Such a modification would have yielded
`
`predictable results without requiring undue experimentation. In fact, because both
`
`references utilize radar to measure relative vehicle velocity, no technological change is
`
`required beyond changing the radar target from the road to a roadside beacon. Further,
`
`Breed itself provides motivation to make this change—it already transmits and receives
`
`electromagnetic signals with roadside beacons for other functions. Ex. 1006, McIntosh
`
`Declaration at ¶¶ 41-42.
`
`As is evident from the descriptions above, both Breed and Tseng are in the same
`
`field of endeavor as the ‘198 Patent and are each therefore analogous to the ‘198 Patent.
`
`For at least these reasons, the Challenged Claims of the ‘198 Patent should be rejected
`
`and cancelled under § 103(a) as being obvious over Breed in view of Tseng.
`
`Claims
`
`1pre. A system
`for
`land
`monitoring
`a
`vehicle speed relative to
`a
`speed
`limit
`comprising:
`
`
`Rendered Obvious By Breed in view of Tseng
`(Exs. 1003 and 1004)
`Breed teaches a GPS system for monitoring a vehicle
`velocity relative to a speed limit for the road on which
`the vehicle is currently driving.
`
`“Other objects and advantages of disclosed inventions
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`

`
`
`include: 1. To provide a system based partially on the global
`positioning system (GPS) or equivalent that permits an
`onboard electronic system to determine the position of a
`vehicle with an accuracy of 1 meter or less.” Ex. 1003, Breed
`at 33:40-43.
`
`“It is also possible that the map data could be off loaded from
`a transmitter on the highway itself, as discussed above. In that
`manner, the vehicles would only obtain that map information
`which is needed and the map information would always be
`up
`to
`the minute. As a minimum,
`temporary data
`communication stations can be placed before highway
`sections that are undergoing construction or where a recent
`blockage has occurred, as discussed above, and where the
`maps have not yet been updated. Such an emergency data
`transfer would be signaled to all approaching vehicles to
`reduce speed and travel with care. Naturally such information
`could also contain maximum and minimum speed
`information which would limit the velocity of vehicles in the
`area.” Id. 57:48-61 (emphasis added).
`
`“A warning is provided to the driver when the driver is
`exceeding a safe speed limit for the road geometry.” Id. at
`73:25-26.
`Breed teaches a transceiver that transmits and receives
`information between the vehicle and roadside beacons,
`which can, for example, include passive or active
`transponders or reflectors.
`
`“Another aid is to provide markers along side the roadway
`which can be either visual, passive or active transponders,
`reflectors, or a variety of other technologies, which have the
`property that as a vehicle passes the marker it can determine
`the identity of the marker and from a database it can
`determine the exact location of the marker. If three or more
`of such markers are placed along side of the roadway, a
`passing vehicle can determine
`its exact
`location by
`triangulation. Note that with even two such markers using
`radar with distance measuring capability, the precise position
`of a vehicle can be determined as discussed below in
`reference to the Precise Positioning System.” Id. at 44:15-26
` 9
`
`1a.
`electronic
`an
`transmit and
`receive
`apparatus disposed in a
`land vehicle to detect
`speed
`relative
`to a
`roadway marker;
`
`
`
`

`

`
`
`(emphasis added).
`
`that vehicle velocity can be
`teaches
`Breed also
`determined by transmitting and receiving radar signals.
`
`“As a check on the inertial system, a velocity sensor 76 based
`on a wheel speed sensor, for example, can be provided for the
`system. A noise radar velocity meter is a device which
`transmits a noise modulated radar pulse toward the ground at
`an angle to the vertical and measures the Doppler velocity of
`the returned signal to provide an accurate measure of the
`vehicle velocity relative to the ground.” Id. at 76:20-26
`(emphasis added).
`
`Finally, Breed teaches that radar may be used to detect
`objects near the vehicle and to calculate a relative
`velocity.
`
`“Radar 62 is primarily used to scan an environment close to
`and further from the vehicle than the range of the cameras
`and to provide an initial warning of potential obstacles in the
`path of the vehicle. The radar 62 can also be used when
`conditions of a reduced visibility are present to provide
`advance warning to the vehicle of obstacles hidden by rain,
`fog, snow etc. Pulsed, continuous wave, noise or micropower
`impulse radar systems can be used as appropriate. Also
`Doppler radar principles can be used to determine the object
`to host vehicle relative velocity.” Id. at 75:38-47 (emphasis
`added).
`
`Tseng teaches that radar transceivers may be positioned
`on the front of a vehicle to determine relative velocity
`between the vehicle and a stationary object.
`
`“The controller 26 may also be coupled to a lidar, radar,
`or sonar 42. The lidar, radar, or sonar 42 may be used to
`generate a velocity signal or relative velocity signal of an
`object. The radar or lidar may also be used to generate a
`trajectory signal of an object. Likewise, the velocity of
`the vehicle in various directions may be obtained relative
`to a stationary object. A
`lidar, radar, or sonar
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`

`

`
`
`sensor 42 may be mounted in various positions around
`the vehicle including the front, sides and/or rear.
`Multiple sensors 42 may also be employed in multiple
`locations to provide multiple information from multiple
`positions of the vehicle. Such signals may also be used in
`a self parking condition.” Ex. 1004, Tseng at 5:45-53
`(emphasis added).
`Breed teaches that vehicle position is determined via GPS or
`by communicating with roadside markers or using both.
`
`“Other objects and advantages of disclosed inventions
`include: 1. To provide a system based partially on the global
`positioning system (GPS) or equivalent that permits an
`onboard electronic system to determine the position of a
`vehicle with an accuracy of 1 meter or less.” Ex. 1003, Breed
`at 33:40-43.
`
`“For example, the present inventions make use of GPS
`satellite location technology, including the use of MIR or
`RFID triads or radar and reflectors, to derive kinematic
`vehicle location and motion trajectory parameters for use in a
`vehicle collision avoidance system and method.” Id. at 36:5-
`9.
`
`“The above and other objects are achieved in the present
`invention which provides motor vehicle collision avoidance,
`warning and control systems and methods using GPS satellite
`location systems augmented with Precise Positioning
`Systems to provide centimeter location accuracy, and to
`derive vehicle attitude and position coordinates and vehicle
`kinematic tracking information. GPS location and computing
`systems being integrated with vehicle video scanning, radar,
`laser radar, and onboard speedometer and/or accelerometers
`and gyroscopes
`to provide accurate vehicle
`location
`information together with information concerning hazards
`and/or objects that represent impending collision situations
`for each vehicle.” Id. at 36:55-67 (emphasis added).
`
`“Another aid is to provide markers along side the roadway
`which can be either visual, passive or active transponders,
`reflectors, or a variety of other technologies, which have the
` 11
`
`1b. a position location
`apparatus disposed
`in
`said land vehicles;
`
`
`
`

`

`1c. a date and time
`apparatus disposed
`in
`said land vehicle and in
`communication
`with
`said electronic transmit
`and receive apparatus
`and
`said
`position
`location apparatus;
`
`
`
`property that as a vehicle passes the marker it can determine
`the identity of the marker and from a database it can
`determine the exact location of the marker. If three or more
`of such markers are placed along side of the roadway, a
`passing vehicle can determine
`its exact
`location by
`triangulation.” Id. at 44:15-23 (emphasis added).
`Breed discloses a GPS receiver, which can provide both
`the date and time, as taught by the ‘198 Patent (2:29-30).
`Breed also discloses a recording feature, as disclosed in
`the ‘198 Patent, which stores the details of driving
`infractions. Recording driving infractions, e.g., speeding,
`necessarily requires communication between (1) the date
`and time apparatus (to record the time and duration of
`the infraction), (2) electronic transmit and receiver
`apparatus (which detects the current speed), and (3) the
`position location apparatus (to record the location of the
`infraction).
`
`See Breed citations for Claim 1 at 1b (disclosing GPS
`receiver).
`
`“Although atomic clocks are probably too expensive to
`the [sic] deployed on automobiles, nevertheless there has
`been significant advances recently in the accuracy of
`clocks to the extent that it is now feasible to place a
`reasonably accurate clock as a subsystem 94 to this
`system. Since the clock can be recalibrated from each
`DGPS transmission, the clock drift can be accurately
`measured and used to predict the precise time even
`though the clock by itself may be incapable of doing so.
`To the extent that the vehicle contains an accurate time
`source, the satellites in view requirement can temporarily
`drop from 4 to 3. An accurate clock also facilitates the
`carrier phase DGPS implementations of the system as
`discussed above.” 77:33-45.
`
`“The Phase Zero recorder in the 1000 vehicles will
`record the following; (1) Time, place and velocity when
`infractions are sensed.” Id. at 30:37-38.
`
`See also Ex. 1006, McIntosh Declaration at ¶¶ 29-35
`
`
`
` 12
`
`

`

`1d. a speed and speed
`limit
`computation
`device
`in
`communication
`said
`[sic] electronic transmit
`and receive apparatus,
`said position
`location
`apparatus, and said date
`and time apparatus; and
`in communication with
`an output to an alert
`display device and an
`output device.”
`
`
`
`
`
`(finding the date and time apparatus is disclosed by
`Breed).1
`Breed teaches that vehicle speed and a current speed limit
`are computed and that alerts are generated when the vehicle
`exceeds the speed limit for the road on which the vehicle is
`driving. This necessarily involves communication with (1) the
`electronic transmit and receiver device, i.e., radar (which
`determines the vehicle’s velocity) and (2) the position
`location apparatus (the vehicle’s position is necessary to
`determine the correct speed limit).
`
`“A warning is provided to the driver when the driver is
`exceeding a safe speed limit for the road geometry.” Id. at
`73:25-26.
`
`“FIG. 5 is a block diagram of the overall vehicle accident
`avoidance, warning, and control system and method of the
`present
`invention
`illustrating
`system
`sensors,
`radio
`transceivers, computers, displays, input/output devices and
`other key elements.” 34:50-54.
`
`
`                                                                                                                
`
`1 To the extent Breed does not expressly or inherently disclose the claimed date and time
`
`apparatus, it would have been obvious to modify Breed to record both date and time
`
`when ascertaining and documenting speeding infractions. See Ex. 1006, McIntosh
`
`Declaration at ¶ 36.
`
`
`
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`

`

`
`
`
`
`Id. at Fig. 5.
`
`Breed also teaches that driving infractions are recorded,
`which requires communication between the speed and speed
`limit computation device and the date and time apparatus.
`
`“The Phase Zero recorder in the 1000 vehicles will
`record the following; (1) Time, place and velocity when
`infractions are sensed.” Id. at 30:37-38.
`
`Breed teaches that multiple types of outputs may be
`generated (e.g., visual and audible alerts to the driver and
`others) when the vehicle is speeding, which requires
`communication between the speed and speed limit
`computation device and (1) an alert display device and (2) an
`output device.
`
`“The driver warning system 66 provides visual and audible
`warning messages to the driver or others that a hazard exists.
`In addition to activating a warning system within the vehicle,
`this system can activate sound and light systems to warn
`
`
`
` 14
`
`

`

`2. The
`as
`system
`in claim 1 wherein a
`processor device is in
`communication
`with
`said electronic transmit
`and receive apparatus,
`said position
`location
`apparatus,
`and
`said
`speed and speed limit
`computation device.
`
`
`
`other people, animals, or vehicles of a pending hazardous
`condition. In such cases, the warning system could activate
`the vehicle headlights, tail lights, horn and/or the vehicle to
`vehicle, internet or infrastructure communication system to
`inform other vehicles, a traffic control station or other base
`station. This system will be important during the early stages
`of implementation of RtZF, however as more and more
`vehicles are equipped with the system, there will be less need
`to warn the driver or others of potential problems.” Id. at
`75:54-67 (emphasis added).
`To process, record, and provide alerts for speeding
`infractions, Breed’s processor necessarily communicates
`with (1) the electronic transmit and receiver device (which
`determines the vehicle’s velocity), (2) the position location
`apparatus (the vehicle’s position is necessary to determine
`the correct speed limit), and (3) the speed and speed limit
`computation device.
`
`See Breed citations for Claim 1 at 1d.
`
`“As illustrated in FIG. 5, the vehicle accident avoidance
`system
`is
`implemented
`using
`a
`variety
`of
`microprocessors
`and
`electronic
`circuits 100
`to
`interconnect and route various signals between and
`among the illustrated subsystems. GPS receiver 52 is
`used to receive GPS radio signals as illustrated in FIG. 1.
`DGPS receiver 54 receives the differential correction
`signals from one or more base stations either directly or
`via a geocentric stationary or LEO satellite, an earth
`based
`station
`or
`other means.
`Inter-vehicle
`communication subsystem 56 is used to transmit and
`receive information between various nearby vehicles. . . .
`Radar 62 is primarily used to scan an environment close
`to and further from the vehicle than the range of the
`cameras and to provide an initial warning of potential
`obstacles in the path of the vehicle. The radar 62 can also
`be used when conditions of a reduced visibility are
`present to provide advance warning to the vehicle of
`obstacles hidden by rain, fog, snow etc. Pulsed,
`continuous wave, noise or micropower impulse radar
`systems can be used as appropriate. Also Doppler radar
`
`
`
` 15
`
`

`

`
`
`principles can be used to determine the object to host
`vehicle relative velocity.” Id. at 74:58-75:47; Fig. 5.
`
`“Further, there are disclosed several computers or
`controllers, that perform various control operations. The
`specific form of computer is not important to the
`invention. In its preferred form, applicants divide the
`computing and analysis operations
`into
`several
`cooperating computers or microprocessors. However,
`with appropriate programming well known to those of
`ordinary skill
`in
`the art,
`the
`inventions can be
`implemented using a single, high power computer. Thus,
`it is not applicants' intention to limit their invention to
`any particular form of computer.” Id. at 36:39-48.
`
`Breed teaches that roadside markers can use passive or
`active transponders to provide information to passing
`vehicles.
`
`“Another aid is to provide markers along side the roadway
`which can be either visual, passive or active transponders,
`reflectors, or a variety of other technologies, which have the
`property that as a vehicle passes the marker it can determine
`the identity of the marker and from a database it can
`determine the exact location of the marker. If three or more
`of such markers are placed along side of the roadway, a
`passing vehicle can determine
`its exact
`location by
`triangulation.” Id. at 44:15-23 (emphasis added).
`Breed teaches that vehicles can communicate with active, i.e.,
`powered, roadside transponders that provide identification
`data and speed limit data.
`See Breed citations for Claim 4.
`
`“It is also possible that the map data could be off loaded
`from a transmitter on the highway itself, as discussed
`above. . . . Naturally such information could also contain
`maximum and minimum speed information which would
`limit the velocity of vehicles in the area.
`[ ] Such information could be obtained by road sensors
`
`4. The
`as
`system
`in claim 1 wherein a
`transponder is disposed
`in said roadway marker.
`
`5. The
`as
`system
`in claim 4 wherein said
`transponder having an
`identification data, a
`speed limit data and a
`power source.
`
`
`
` 16
`
`

`

`
`
`and then transmitted to all vehicles in the area by a
`permanently installed system as disclosed above and in
`co-pending U.S. patent application Ser. No. 10/079,065
`filed Feb. 19, 2002, incorporated by reference herein. . . .
`The same road based or local meteorological transmitter
`system could be used to warn the operators of traffic
`conditions, construction delays etc. and to set the local
`speed limit.” Id. at 57:48-58:13 (emphasis added).
`“Another aid is to provide markers along side the roadway
`which can be either visual, passive or active transponders,
`reflectors, or a variety of other technologies, which have the
`property that as a vehicle passes the marker it can determine
`the identity of the marker and from a database it can
`determine the exact location of the marker. If three or more
`of such markers are placed along side of the roadway, a
`passing vehicle can determine
`its exact
`location by
`triangulation.” Id. at 44:15-23 (emphasis added).
`Breed teaches that vehicle posi