UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`______________
`
`
`
`FORD MOTOR COMPANY
`
`Petitioner,
`
`v.
`
`PAICE LLC & ABELL FOUNDATION, INC.
`
`Patent Owner.
`
`______________
`
`
`
`U.S. Patent No. 7,237,634 to Severinsky et al.
`
`IPR Case No.: IPR2015-00758
`
`______________
`
`
`
`DECLARATION OF DR. GREGORY W. DAVIS IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
`UNDER 35 U.S.C. § 311 ET SEQ. AND 37 C.F.R. § 42.100 ET SEQ.
`OF CLAIMS 80-90, 114-124, 161-171, 215-225, AND 294
`OF U.S. PATENT NO. 7,237,634
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`TABLE OF CONTENTS
`
`
`
`EXHIBIT LIST ...................................................................................................................... 5
`
`I.
`
`QUALIFICATIONS AND PROFESSIONAL EXPERIENCE ....................... 8
`
`II.
`
`RELEVANT LEGAL STANDARDS .................................................................. 15
`
`III. QUALIFICATIONS OF ONE OF ORDINARY SKILL IN THE ART ...... 16
`
`IV.
`
`STATE OF THE ART ............................................................................................ 17
`
`A.
`
`B.
`
`“Series” Hybrid Vehicle ................................................................................ 23
`
`“Parallel” Hybrid Vehicle ............................................................................. 26
`
`1.
`
`2.
`
`One-Motor “Parallel” Hybrid Vehicle ............................................ 28
`
`Two-Motor “Series-Parallel” Hybrid Vehicle ................................ 33
`
`a.
`
`b.
`
`“Switching” Two-Motor “Series-Parallel” Hybrid
`Vehicles .................................................................................... 36
`
`“Power-Split” Two-Motor “Series-Parallel” Hybrid
`Vehicles .................................................................................... 39
`
`C.
`
`Hybrid Vehicle “Control Strategies” ........................................................... 40
`
`V.
`
`THE ’634 PATENT ................................................................................................. 53
`
`A.
`
`Effective Filing Date of the ’634 Patent ..................................................... 53
`
`VI. CHALLENGED CLAIMS OF THE ’634 PATENT AND
`PROPOSED CLAIM CONSTRUCTIONS ........................................................ 55
`
`VII. OVERVIEW OF THE PRIOR ART .................................................................... 56
`
`A.
`
`B.
`
`C.
`
`U.S. Patent No. 5,343,970 to Severinsky .................................................... 56
`
`U.S. Patent No. U.S. Patent No. 5,842,534 to Frank ................................ 57
`
`1996 Society of Automotive Engineers (SAE) Special Publication
`SP-1156 ........................................................................................................... 58
`
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`D.
`
`PCT Patent Application Publication WO 93/23263 to Field .................. 59
`
`VIII. UNPATENTABILITY GROUNDS .................................................................... 61
`
`A. GROUND 1: Claims 161-166, And 215-220 Are Obvious In
`View Of Severinsky ’970 And The General Knowledge Of A
`Person Of Ordinary Skill In The Art .......................................................... 61
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`Independent Claim 215 ..................................................................... 61
`
`Independent Claim 161 ................................................................... 104
`
`Dependent Claims 162 And 216 .................................................... 125
`
`Dependent Claims 163 And 217 .................................................... 128
`
`Dependent Claims 164 And 218 .................................................... 129
`
`Dependent Claims 165 and 219 ..................................................... 129
`
`Dependent Claims 166 And 220 .................................................... 130
`
`B.
`
`GROUND 2: Claims 114-119, And 80-85 Are Obvious Over
`Severinsky ’970 In View Of Frank and General Knowledge of a
`Person of Ordinary Skill in the Art ........................................................... 131
`
`1.
`
`2.
`
`3.
`
`4.
`
`Reasons To Combine ...................................................................... 132
`
`Independent Claim 114 ................................................................... 135
`
`Independent Claim 80 ..................................................................... 146
`
`Dependent Claims 81-85 and 115-119 .......................................... 151
`
`C. GROUND 3: CLAIMS 86-90, 120-124, 167-171, 221-225 AND
`294 ARE OBVIOUS OVER U.S. 5,343,970 IN VIEW OF
`FIELD, SAE 1996 AND THE GENERAL KNOWLEDGE OF
`A PERSON HAVING ORDINARY SKILL IN THE ART ............... 153
`
`1.
`
`2.
`
`3.
`
`Reasons To Combine ...................................................................... 154
`
`Claims 86, 120, 167, 221 ................................................................. 175
`
`Claims 87-90, 121-124, 168-171 and 222-225 .............................. 186
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`4.
`
`Independent Claim 294 ................................................................... 188
`
`IX. TORQUE-BASED CONTROL WAS WELL-KNOWN ............................... 203
`
`A.
`
`B.
`
`The Durham Project/Bumby Papers........................................................ 203
`
`Ibaraki ’882 ................................................................................................... 205
`
`X.
`
`CONCLUSION ...................................................................................................... 208
`
`
`
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`EXHIBIT LIST
`
`
`Exhibit
`No.
`1201 U.S. Patent No. 7,237,634
`1202
`7,237,634 File History
`
`Description
`
`Case No: IPR2015-00758
`Attorney Docket No. FPGP0104IPR4
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`Date
`
`Identifier
`
`July 3, 2007
`n/a
`
`Sept. 6, 1994
`Nov. 3, 1997
`Sept. 2014
`Sep. 12, 2006
`
`Mar. 8, 2005
`
`Mar. 29, 2005
`
`Sept. 28, 2005
`June 25, 2008
`Aug. 1, 2008
`Dec. 5, 2008
`Nov. 14, 2013
`
`Dec. 16, 2013
`
`’634 Patent
`’634 Patent File
`History
`Severinsky ‘970
`Frank
`
`
`Davis
`
`
`
`
`
`
`
`
`
`
`
`
`July 24, 2014
`n/a
`
`Jan. 3, 2014
`
`
`’347 Patent File
`History
`
`
`Feb. 29, 2012
`
`
`Feb. 1994
`
`Feb. 1997
`Feb. 1998
`1998
`
`1976
`
`
`
`
`
`
`
`
`
`
`
`
`1203 U.S. Patent No. 5,343,970
`1204 U.S. Patent No. 5,842,534
`1205
`Ford Letter to Paice
`1206 U.S. Patent No. 7,104,347
`1207 Declaration of Gregory Davis
`1208
`2005 Paice Opening Claim
`Construction Brief
`2005 Paice Response Claim
`Construction Brief
`2005 Claim Construction Order
`2008 Paice Opening Brief
`2008 Paice Response Brief
`2008 Claim Construction Order
`2013 Paice Opening Claim
`Construction Brief
`2013 Paice Response Claim
`Construction Brief
`2014 Paice Claim Construction Order
`Excerpt of USPN 7,104,347 File
`History
`1218 U.S. Patent Trial and Appeal Board
`January 3, 2014 Decision (Appeal No.
`2011-004811)
`2012 Amendment to U.S. Application
`13/065,704
`Curriculum Vitae of Gregory Davis
`Innovations in Design: 1993 Ford
`Hybrid Electric Vehicle Challenge
`1996 Future Car Challenge
`1222
`1997 Future Car Challenge
`1223
`1224 History of Hybrid Electric Vehicle
`(Wakefield-1998)
`SAE 760121 (Unnewehr-1976)
`
`1209
`
`1210
`1211
`1212
`1213
`1214
`
`1215
`
`1216
`1217
`
`1219
`
`1220
`1221
`
`1225
`
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`Exhibit
`No.
`1226
`
`1234
`
`1235
`
`1236
`1237
`1238
`1239
`
`Case No: IPR2015-00758
`Attorney Docket No. FPGP0104IPR4
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`Description
`
`Date
`
`Identifier
`
`SAE 920447 (Burke-1992)
`
`Feb. 24-28,
`1992
`1227 Vehicle Tester for HEV (Duoba-1997) Apr. 9-11, 1997
`1228 DOE Report to Congress (1994)
`Apr. 1995
`1229
`SAE SP-1331 (1998)
`Feb. 1998
`1230
`SAE SP-1156 (1996)
`Feb. 1996
`1231 DOE HEV Assessment (1979)
`Sept. 30, 1979
`1232
`EPA HEV Final Study (1971)
`June 1, 1971
`1233 Microprocessor Design for HEV
`Sept. 1, 1988
`(Bumby -1988)
`Propulsion System for Design for EV
`(Ehsani-1996)
`Propulsion System Design for HEV
`(Ehsani-1997)
`Bosch Automotive Handbook (1996) Oct. 1996
`SAE SP-1089 (Anderson-1995)
`Feb. 1995
`IPR 2014-00904 Decision
`Dec. 12, 2014
`Introduction to Automotive
`
`Powertrain (Davis)
`Toyota Prius (Yamaguchi-1998)
`1240
`1241 US Application 60/100,095
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Field
`
`
`
`1996
`
`Feb. 1997
`
`Jan. 1998
`Filed Sept. 11,
`1998
`Nov. 25, 1998
`Apr. 4, 2014
`Aug. 11, 1998
`
`1245
`
`1246
`
`1242 WO 9323263A1 (Field)
`1243
`IPR 2014-00571 Petition
`1244
`Critical Issues in Quantifying HEV
`Emissions and Fuel Consumption (An-
`1998)
`Excerpts from Patent Owner Response
`(IPR2014-00571, Doc 8)
`Excerpts from Patent Owner Response
`(IPR2014-00579, Doc 8)
`Fundamentals of Electronic Circuits
`IPR 2014-00571 Decision
`IPR 2014-00579 Decision
`IPR 2014-00571 Patent Owner
`Response
`
`1247
`1248
`1249
`1250
`
`July 11, 2014
`
`July 11, 2014
`
`Copyright 2000
`Sept. 30, 2014
`Sept. 30, 2014
`Jan. 21, 2015
`
`
`
`
`
`
`
`
`
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`Description
`
`Date
`
`Identifier
`
`Exhibit
`No.
`1251
`
`Bumby, J.R. et al. “Optimisation and
`control of a hybrid electric car” - IEE
`Proc. A 1987, 134(6)
`1252 U.S. Patent No. 5,789,882
`1253
`Paice Complaint
`
`Nov. 1987
`
`Bumby II
`
`Aug. 4, 1998
`Feb. 25, 2014
`
`Ibaraki
`
`
`
`
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`Case No: IPR2015-00758
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`I, Gregory Davis, hereby declare as follows:
`
`1.
`
`I am making this declaration at the request of Ford Motor Company in
`
`the matter of Inter Partes Review of U.S. Patent No. 7,237,634 (“the ’634 Patent,” Ex.
`
`1201) to Severinsky et al.
`
`2.
`
`I am being compensated for my work in this matter at a rate of
`
`$315/hour. My compensation in no way depends on the outcome of this proceeding.
`
`3.
`
`In preparation of this declaration, I have studied the exhibits as listed in
`
`the Exhibit List shown above in my report. Each of the exhibits listed are true and
`
`accurate copies. The Exhibit list also includes true and accurate citations for each
`
`exhibit I have reviewed including a weblink, library of congress number or other
`
`markings denoting authenticity where applicable.
`
`4.
`
`
`
`In forming the opinions expressed below, I have considered:
`
`(1)
`
`The documents listed above as well as additional patents and
`
`documents referenced herein;
`
`
`
`(2)
`
`The relevant
`
`legal standards,
`
`including
`
`the standard for
`
`obviousness and any additional documents cited in the body of this declaration;
`
`and
`
`
`
`(3) My knowledge and experience based upon my work and study in
`
`this area is described below.
`
`I.
`
` QUALIFICATIONS AND PROFESSIONAL EXPERIENCE
`
`5.
`
`Page 8
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`I have provided my full background in the curriculum vitae that is
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`attached as Exhibit 1220.
`
`6.
`
`I received my Bachelor of Science Degree in Mechanical Engineering
`
`from the University of Michigan, Ann Arbor in 1982 and my Master of Science
`
`Degree in Mechanical Engineering from Oakland University in 1986.
`
`7.
`
`8.
`
`I further am a licensed “Professional Engineer” in the state of Michigan.
`
`As shown in my resume, most of my career has been in the field of
`
`automotive engineering that includes numerous positions in both the academia and
`
`industry settings.
`
`9.
`
`After receiving my Master’s degree, I began work at General Motors
`
`where I had several assignments involving automotive design, advanced engineering
`
`and manufacturing. Over the course of my years at General Motors, I was involved in
`
`all aspects of the vehicle design process, from advanced research and development to
`
`manufacturing.
`
`10.
`
`Specifically, my work at General Motors included aspects of engine and
`
`fuel system design relating to the production of fuel sending units, and modeling the
`
`effects of fuels and EGR on vehicle performance and emissions.
`
`11. After leaving General Motors, I continued my education at the
`
`University of Michigan where I was awarded a Ph.D. in Mechanical Engineering in
`
`1991. My thesis was directed to automotive engineering, including the design and
`
`development of systems and models for understanding combustion in automotive
`
`engines.
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`12. Upon completion of my Ph.D., I joined the faculty of the U.S. Naval
`
`Academy where I led the automotive program in mechanical engineering. As part of
`
`my responsibilities while at the Academy, I managed the laboratories for Internal
`
`Combustion Engines and Power Systems.
`
`13.
`
`I further taught automotive and mechanical engineering courses while at
`
`the U.S. Naval Academy. Some of the courses I taught were directed specifically to
`
`design and operation of internal combustion engines in both conventional and hybrid
`
`vehicles. I also taught courses pertaining to the design and operation of hybrid
`
`vehicles.
`
`14.
`
`In addition to my work at the U.S. Naval Academy, I also served as
`
`faculty advisor for the USNA Society of Automotive Engineers (SAE). During this
`
`time I served as project director for the research and development of hybrid electric
`
`vehicles.
`
`15. My work with regards to hybrid electric vehicles included extensive
`
`design and modifications of the powertrain, chassis, and body systems. This
`
`development work included the design, modifications and implementation of alternate
`
`fuel delivery and injection systems.
`
`16.
`
`Some of the hybrid electric vehicle work that I worked on at the U.S.
`
`Naval Academy was published in a bound 1994 SAE special publication. I have
`
`attached as Ex. 1221 a true and accurate copy of the 1994 paper that was submitted
`
`on behalf of my team for this competition. (See e.g., Ex. 1221 at 6-11.)
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`17. While at the Naval Academy, I also taught classes in mechanical
`
`engineering at Johns Hopkins University.
`
`18.
`
`In 1995, I joined the faculty of Lawrence Technological University
`
`where I served as Director of the Master of Automotive Engineering Program and
`
`Associate Professor in the Mechanical Engineering Department.
`
`19. The master’s program in automotive engineering is a professionally
`
`oriented program aimed at attracting and educating practicing engineers in the
`
`automotive industry.
`
`20.
`
`In addition to teaching and designing the curriculum for undergraduate
`
`and graduate students, I also worked in the automotive industry closely with Ford
`
`Motor Company on the development of a hybrid electric vehicle.
`
`21.
`
`Specifically, I served as project director on a cooperative research project
`
`to develop and design all aspects of a hybrid electric vehicle. While in many instances
`
`we used standard Ford components, we custom designed many automotive
`
`subsystems. As part of this project, we completely redesigned and replaced the
`
`existing powertrain including the fuel storage, delivery and injection systems. We also
`
`did analytical and actual testing of the systems.
`
`22. While at Lawrence Technological University, I also served as the faculty
`
`advisor on several student based hybrid vehicle competitions that were sponsored
`
`primarily by Ford Motor Company, General Motors Company, and Chrysler
`
`Corporation.
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`23. These competitions required the complete design of hybrid vehicle,
`
`including the design of the powertrain. These competitions also required the complete
`
`design of the software and hardware required to control the hybrid vehicle.
`
`24. Attached as Exhibits 1222 and 1223 are true and accurate copies of the
`
`competition papers that were submitted for the 1996 and 1997 competitions for
`
`which I served as the faculty advisor. (Ex. 1222 & Ex. 1223.)
`
`25. During my time at Lawrence Technological University, I further served
`
`as advisor for 145 automotive graduate and undergraduate project students. Many of
`
`the graduate students whom I advised were employed as full time engineers in the
`
`automotive industry. This service required constant interaction with the students and
`
`their automotive companies which included the major automotive manufacturers (e.g.,
`
`Ford, Chrysler, General Motors, Toyota, etc.) along with many automotive suppliers,
`
`including those that supply fuel delivery systems (e.g., Denso, Delphi and Bosch).
`
`26. Currently, I am employed as a Professor of Mechanical Engineering &
`
`Director of the Advanced Engine Research Laboratory (AERL) at Kettering
`
`University—formerly known as “General Motors Institute.”
`
`27. At Kettering University I develop curriculum and teach courses in
`
`mechanical and automotive engineering to both undergraduate and graduate students.
`
`For one of my classes on automotive powertrains, a fellow professor (Craig Hoff) and
`
`I co-authored a textbook titled “Introduction to Automotive Powertrains.” A true and
`
`accurate copy of excerpts from this textbook is attached as Exhibit 1239. The full
`
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`version of this textbook is around 400 pages long and is used in my course to give
`
`engineering students an
`
`introductory understanding of the fundamentals of
`
`automotive engines, automotive transmissions, and how to select those components
`
`to provide the optimum compromise between acceleration performance, gradeability
`
`performance and fuel economy performance. (Ex. 1239 at 2.) Further, this textbook is
`
`based on my personal collection of class notes that I had been using to teach such
`
`fundamental automotive principles as far back as the mid-1990’s.
`
`28.
`
`Since coming to Kettering, I have advised over 90 undergraduate and
`
`graduate theses in automotive engineering. Further, I actively pursue research and
`
`development activities within automotive engineering.
`
`29. My work requires constant involvement with my students and their
`
`sponsoring automotive companies which have included not only those mentioned
`
`above, but also Walbro, Nissan, Borg Warner, FEV, Inc., U.S. Army Automotive
`
`Command, Denso, Honda, Dana, TRW, Tenneco, Navistar, and ArvinMeritor.
`
`30. As is further shown by resume, I have published over 50 peer reviewed
`
`technical articles and presentations involving topics in automotive engineering.
`
`31. Automotive and mechanical engineering topics covered in these articles
`
`include development of hybrid vehicles, mechanical design and analysis of
`
`components and systems, vehicle exterior design
`
`including aerodynamics,
`
`development of alternative fuel vehicles and fuel systems, thermal and fluid system
`
`design and analysis, selection and design of components and sub-systems for
`
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`optimum system integration, and system calibration and control.
`
`32.
`
`I have also chaired or co-chaired sessions in automotive engineering at
`
`many technical conferences including sessions involving powertrain development and
`
`control in automotive engineering.
`
`33. Additionally, while acting as director of the AERL, I am responsible for
`
`numerous laboratories and undergraduate and graduate research projects, which
`
`include On-road and Off-road engine and chassis testing laboratories. Projects have
`
`included the design and development of fuel injection systems for off-road vehicles,
`
`fuel compatibility studies of vehicle storage and delivery systems, modification of fuel
`
`delivery systems to accommodate alternative fuels, the development of electric
`
`vehicles, and other extensive modifications and development of vehicular
`
`powertrains.
`
`34.
`
`I also serve as faculty advisor to the Society of Automotive Engineers
`
`International (SAE) of the local Student Branch and for the “SAE Clean Snowmobile
`
`Challenge,” and “SAE Aero Design” collegiate design competitions. At the national
`
`level, I have served as a director on the SAE Board of Directors, the Engineering
`
`Education Board, and the Publications Board.
`
`35.
`
`Further, I have chaired the Engineering Education Board and several of
`
`the SAE Committees.
`
`36.
`
`I also actively develop and teach Continuing Professional Development
`
`(CPD) courses, both for SAE and directly for corporate automotive clients. These
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`CPD courses are directed to automotive powertrain, exterior body systems, hybrid
`
`electric vehicle design, and include extensive engine performance, emissions, and
`
`economy considerations. These courses are taught primarily to engineers who are
`
`employed in the automotive industry or governmental entities.
`
`37.
`
`Finally, I am a member of the Advisory Board of the National Institute
`
`for Advanced Transportation Technology at the University of Idaho. In addition to
`
`advising, I also review funding proposals and project reports of the researchers
`
`funded by the center.
`
`II. RELEVANT LEGAL STANDARDS
`
`38.
`
`I have been asked to provide opinions on the claims of the ’634 Patent
`
`in light of the prior art.
`
`39.
`
`I have been informed that a claimed invention is unpatentable if a prior
`
`art reference teaches every element of the claim. I have also been informed that a
`
`claimed invention is unpatentable if the differences between the invention and the
`
`prior art are such that the subject matter as a whole would have been obvious at the
`
`time the alleged invention was made to a person having ordinary skill in the art to
`
`which the subject matter pertains. I have further been informed that an analysis
`
`regarding whether a claim is obvious takes into account factual inquiries including the
`
`level of ordinary skill in the art, the scope and content of the prior art, and the
`
`differences between the prior art and the claimed subject matter.
`
`40.
`
`I have been informed that the Supreme Court has recognized several
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`rationales for combining references or modifying a reference to show obviousness of
`
`the claimed subject matter. Some of these rationales include the following: combining
`
`prior art elements according to known methods to yield predictable results; simple
`
`substitution of one known element for another to obtain predictable results; a
`
`predictable use of prior art elements according to their established functions; applying
`
`a known technique to a known device to yield predictable results; choosing from a
`
`finite number of identified, predictable solutions, with a reasonable expectation of
`
`success; and some teaching, suggestion, or motivation in the prior art that would have
`
`led one of ordinary skill to modify the prior art reference or to combine prior art
`
`reference teachings to arrive at the claimed invention.
`
`III. QUALIFICATIONS OF ONE OF ORDINARY SKILL IN THE
`ART
`
`41.
`
`I have reviewed the ’634 Patent, those patents cited in the ’634 Patent as
`
`well as the prior art documents. Based on this review and my knowledge of hybrid
`
`electric vehicles, including my work on multiple hybrid vehicles during the course of
`
`the 1990’s, it is my opinion that a person of ordinary skill in the art would have either:
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`(1) a graduate degree in mechanical, electrical or automotive engineering with at least
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`some experience in the design and control of combustion engines, electric or hybrid
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`electric vehicle propulsion systems, or design and control of automotive
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`transmissions, or (2) a bachelor’s degree in mechanical, electrical or automotive
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`engineering and at least five years of experience in the design of combustion engines,
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`electric vehicle propulsion systems, or automotive transmissions.
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`42.
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`I have been informed that this determination regarding ordinary skill is
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`made at the time of the invention, which I understand that the patentee purports as
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`being the September 14, 1998 filing of U.S. Provisional Application No. 60/100,095
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`(“the ’095 Provisional,” Ex. 1241). As I also discussed in my “Qualifications and
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`Professional Experience” (¶¶5-37) above, I am familiar with the level of knowledge
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`and the abilities of a person having ordinary skill in the art at the time of the claimed
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`invention based on my experience in the industry (both as an employee and as a
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`professor).
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`IV. STATE OF THE ART
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`43.
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`It is my opinion that Hybrid-Electric Vehicles (hybrid vehicles) were
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`conceived over 100 years ago in an attempt to combine the power capabilities of
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`electric motors and internal combustion engines1 (ICE) to satisfy all the driver
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`demand required to propel a vehicle. My opinion is supported by a true and accurate
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`copy of excerpts from the 1998 textbook titled the “History of the Electric
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`Automobile” authored by Ernest Wakefield. (Ex. 1224 at 11.)2
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`1 An engine could also be referred to as a “heat engine” and is commonly known to
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`be a part of the overall “Auxiliary Power Unit” of a hybrid vehicle (i.e., “APU”).
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`2 Ex. 1224 is stated as being copyrighted in 1998 and available from the Society of
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`Automotive Engineers (SAE). (Ex. 1224 at 2.)
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`44.
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`For instance, Wakefield describes a functioning hybrid vehicle that was
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`designed and built by Justus Entz in May 1897. (Ex. 1224 at 11-13.)
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`45. My opinion is also supported by hybrid vehicle patents that I am aware
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`of that extend as far back as 1909 for U.S. Patent No. 913,846 to Pieper that was
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`granted for a “Mixed Drive Auto Vehicle.” (Ex. 1224 at 13-14.)
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`46. As is explained by Wakefield, the hybrid vehicle disclosed by the Pieper
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`patent was likewise assembled as a functioning hybrid vehicle that was publically used.
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`(Id.)
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`47. Also explained by Wakefield, well-known hybrid vehicles were built and
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`publically used by Baker and Woods in 1917. (Ex. 1224 at 21-23.)
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`48. Based on my experience and knowledge, well before September of 1998
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`a known goal of using hybrid vehicles was the possibility of operating the engine at its
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`“optimum efficiency.” For instance, a 1976 SAE paper states:
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`From almost
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`the beginning of
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`the Automotive Age, various
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`combinations of drive systems have been tried in order to achieve
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`vehicle performance characteristics superior to those that can be
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`obtained using a single type of drive. These efforts have been made in
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`the name of many worthwhile goals such as increased vehicle
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`acceleration capability, audible noise reduction, operation of an
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`engine or turbine at optimum efficiency, reduction of noxious
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`emissions, and improved fuel economy.
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`(Ex. 1225 at 1, emphasis added.)3
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`49.
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`It is my understanding that based on events in the 1970’s, a renewed
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`interest in hybrid vehicles emerged as a means to combat the U.S. dependency on oil
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`and to meet increased air pollution reduction goals. (See e.g., Ex. 1226 at 3,4 Ex. 1227
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`at 3.5)
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`50.
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`It is my understanding that in 1976 the U.S. government enacted Public
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`Law 94-413 pertaining to the “Electric and Hybrid Vehicle Research, Development,
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`and Demonstration Act” that was to “encourage and support accelerated research
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`3 Ex. 1225 is a true and accurate copy of an SAE paper titled “Hybrid Vehicle for Fuel
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`Economy” that was published by L.E. Unnewehr et al. that I understand was
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`published on February 1, 1976.
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`4 Ex. 1226 is a true and accurate copy of a SAE paper titled “Hybrid/Electric Vehicle
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`Design Options and Evaluations” authored by Andrew Burke that I understand was
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`published on February 1, 1992.
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`5 Ex. 1227 is a true and accurate copy of a paper titled “Challenges for the Vehicle
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`Tester in Characterizing Hybrid Electric Vehicles” authored by Michael Duoba that I
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`understand was published by the U.S. DOE on August 1, 1997.
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`into, and development of electric and hybrid vehicle technologies.” (Ex. 1228 at 4.)6
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`51. As a result of this law, it is my understanding that multiple fully
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`functional hybrid and electric vehicles were developed by automotive corporations.
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`(Ex. 1228 at 4.)
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`52.
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`It is also my understanding that during the 1980’s and 1990’s, Ford
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`Motor Company and Toyota Motor Company were involved in the design and
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`development of both hybrid and electric vehicles. (See e.g., Ex. 1225 at 1; Ex. 12297 at
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`4.)
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`53.
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`It is further my understanding that collegiate competitions intensified
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`hybrid vehicle research during the 1990’s starting with the 1993 Ford Hybrid Electric
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`Vehicle Challenge. As indicated by Ex. 1221, I personally participated in the 1993
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`Ford Hybrid Electric Vehicle Challenge. (Ex. 1221 at 6.) By 1994 these collegiate
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`competitions had grown to include teams from over 38 universities representing more
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`than 800 students. (Ex. 1228 at 10.)
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`54. As I mentioned in my “Qualifications and Professional” section above, I
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`6 Ex. 1228 is a true and accurate copy of the “Electric and Hybrid Vehicles Program –
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`18th Annual Report to Congress for Fiscal Year 1994” that I understand was
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`published by the U.S. Department of Energy in April 1995.
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`7 Ex. 1229 is a true and accurate copy of excerpts from a SAE special publication that
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`I understand was published in February 1998. (Ex. 1229 at 2.)
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`was personally involved with the U.S. Naval Academy’s hybrid vehicle design that was
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`entered in the 1993 “Ford Hybrid Vehicle” and the 1994-1995 competitions. (Ex.
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`1221 at 6.)
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`55.
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`I was also personally involved with Lawrence Technological University’s
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`hybrid vehicle design that was entered in the 1996 and 1997 “Future Car” hybrid
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`electric vehicle competitions. (Ex. 1222 at 6; Ex. 1223 at 10.)
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`56. Based upon the level of research and development prior to 1998, it is my
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`opinion that various hybrid vehicle “architectures” were well-known. (See e.g., Ex.
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`1230 at 4 & 7-8)8. Hybrid vehicle “architectures” may also be generally referred to as
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`hybrid “topologies” or “configurations.” As I explain in detail below, known hybrid
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`vehicle “architectures” included what was commonly referred to as: (1) “series” hybrid
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`vehicles (¶¶61-69 below); and (2) “parallel” hybrid vehicles (¶¶70-72 below). As I
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`further explain in detail below, “parallel” hybrid vehicle architectures were further
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`known to include: (1) one motor “parallel” hybrid vehicle architectures (¶¶73-86
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`below); and (3) two motor “parallel” hybrid vehicle architectures (¶¶87-107 below).
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`57. As I explain further below, these varying hybrid vehicle architectures
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`differed in how the powertrain (i.e., the engines and motors) was arranged and
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`8 Ex. 1230 is a true and accurate copy of an SAE special publication titled “Strategies
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`in Electric and Hybrid Vehicle Designs” that I understand was published in February
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`1996.
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`connected to the wheels. The various architectures were done in order to achieve
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`many of the goals I mentioned above in ¶48, including operating the engine at its peak
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`efficiency. (See e.g., Ex. 1225 at 1; Ex. 1230 at 4 & 7.)
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`58.
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`It is my opinion that well before September of 1998 computer based
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`microprocessor controllers were implemented to refine the control the engine,
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`motor(s), transmission, and clutching mechanisms of the hybrid vehicle. For instance,
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`my opinion is supported by a September 1988 paper which states:
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`Automating the operation of a vehicle transmission allows the control of
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`the engine and transmission system to be integrated, giving substantial
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`benefits in terms of vehicle performance, energy efficiency and
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`driveability. Although such a statement
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`is applicable to
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`internal
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`combustion {ic} engine vehicles, electric vehicles and hybrid-electric
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`vehicles the details relating to how the engine/transmission should be
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`controlled are quite different. The main thrust of this paper is to
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`consider the automa