`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`
`
`FORD MOTOR COMPANY
`Petitioner,
`
`v.
`
`PAICE LLC & ABELL FOUNDATION, INC.
`Patent Owners.
`
`______________
`
`
`
`U.S. Patent No. 7,237,634 to Severinsky et al.
`IPR Case No. IPR2014-00790
`
`
`
`DECLARATION OF DR. GREGORY W. DAVIS IN SUPPORT OF
`PETITIONER’S REPLY TO PATENT OWNER’S RESPONSE
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`Page 1 of 32
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`FORD 1713
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`Case No.: IPR2015-00790
`Attorney Docket No. FPGP0104IPR12
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`Table of Contents
`
`Updated Exhibit List .................................................................................................. 3
`
`I.
`
`Ibaraki ’882 discloses a torque based line ....................................................... 7
`
`II.
`
`Ibaraki ‘882 compares road load to MTO .....................................................10
`
`A.
`
`Rationale to combine Ibaraki ’882 and Yamaguchi ............................20
`
`III. Ground 3: Claim 25 is obvious over Ibaraki ’882 in view of
`Kawakatsu ......................................................................................................21
`
`IV. Ground 4: Claim 29 is obvious over Ibaraki ’882 in view of Vittone ..........24
`
`A. A person of ordinary skill in the art would have understood that
`Vittone’s ‘steady state management’ of the thermal engine
`teaches that the rate of change of torque output of the engine is
`limited ..................................................................................................24
`
`B.
`
`Rationale to combine Ibaraki ’882 with Vittone .................................28
`
`1.
`
`
`Paice’s narrow interpretation of Ibaraki ’882 and Vittone
`is incorrect .................................................................................28
`
`V. Ground 5: Claim 32 is obvious over Ibaraki ’882 in view of Ibaraki
`’626 ................................................................................................................30
`
`VI. Ground 6: Claims 67 and 79 are obvious over Ibaraki ’882 in view of
`Suga ...............................................................................................................30
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`VII. Conclusion .....................................................................................................32
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`Page 2 of 32
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`FORD 1713
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`
`
`Exhibit
`No.
`1650
`1651
`1652
`1653
`1654
`
`1655
`1656
`
`1657
`1658
`1659
`
`1660
`
`1661
`1662
`1663
`
`1664
`1665
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`1666
`
`1667
`
`1668
`
`1669
`
`1670
`
`Case No.: IPR2015-00790
`Attorney Docket No. FPGP0104IPR12
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`
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`Updated Exhibit List
`
`Description
`U.S. Patent No. 7,237,634
`Ford Letter to Paice
`US Patent 5,789,882
`US Patent 5,865,263
`Microprocessor Design for
`HEV (Bumby-1988)
`US Patent 4,335,429
`Fiat Conceptual Approach to
`Hybrid Cars Design (Vittone)
`US Patent 6,003,626
`US Patent 5,623,104
`Engineering Fundamentals of
`the Internal Combustion Engine
`Automotive Electronics
`Handbook (Jurgen)
`Declaration of Gregory Davis
`US Patent 7,104,347
`7,237,634 File History
`(certified)
`Toyota Litigations
`Hyundai Litigation
`
`PTAB Decisions & Preliminary
`Response in 2014-00571
`Excerpt of USPN 7,104,347
`File History
`Innovations in Design: 1993
`Ford Hybrid Electric Vehicle
`Challenge
`1996 & 1997 Future Car
`Challenge
`Introduction to Automotive
`Powertrain (Davis)
`
`Date
`July 3, 2007
`Sept. 2014
`Aug. 4, 1998
`Feb. 2, 1999
`Sept. 1, 1988
`
`Identifier
`’634 Patent
`
`Ibaraki ’882
`Yamaguchi ‘263
`Bumby/Masding
`1988
`Kawakatsu ‘429
`Jun. 15, 1982
`Dec. 5-7, 1994 Vittone
`
`Dec. 21, 1999
`Apr. 22, 1997
`1997
`
`Ibaraki ’626
`Suga ‘104
`Pulkrabek
`
`
`
`Jurgen
`
`
`Sept. 12, 2006
`n/a
`
`2005
`2013-2014
`
`
`
`n/a
`
`Feb. 1994
`
`Feb. 1997 &
`Feb. 1998
`
`
`Davis Dec.
`‘347 Patent
`’634 Patent File
`History
`Toyota Litigation
`Hyundai
`Litigation
`
`
`‘347 File History
`
`
`
`
`
`Davis Textbook
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`Page 3 of 32
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`Description
`US Application 60-100095
`
`Date
`Filed Sept. 11,
`1998
`1998
`
`Identifier
`‘095 Provisional
`
`Wakefield
`
`Unnewehr
`Burke 1992
`Duoba 1997
`
`April 1995
`
`EPA HEV Final Study (1971)
`
`June 1, 1971
`
`Nov. 25, 1998
`Jan. 1998
`
`April 3, 2001
`June 18, 2005
`
`History of Hybrid Electric
`Vehicle (Wakefield-1998)
`SAE 760121 (Unnewehr-1976) Feb. 1, 1976
`SAE 920447 (Burke-1992)
`Feb. 1, 1992
`Vehicle Tester for HEV
`Aug. 1, 1997
`(Duoba-1997)
`1994 Report to
`DOE Report to Congress
`Congress
`(1994)
`SAE SP-1331
`Feb. 1998
`SAE SP-1331 (1998)
`SAE SP-1156
`Feb. 1996
`SAE SP-1156 (1996)
`DOE HEV Assessment (1979) Sept. 30, 1979 HEV Assessment
`1979
`EPA HEV Final
`Study
`9323263
`Toyota Prius
`Yamaguchi 1998
`‘672 Patent
`IEEE Ehsani
`1996
`IEEE
`1997
`Bosch Handbook
`
`
`
`
`
`Exhibit
`No.
`1671
`
`1672
`
`1673
`1674
`1675
`
`1676
`
`1677
`1678
`1679
`
`1680
`
`1683
`1684
`
`1685
`
`1686
`
`1687
`1688
`
`1689
`
`1690
`1691
`
`1681 WO 9323263A1 (Field)
`1682
`Toyota Prius (Yamaguchi-
`1998)
`US Patent 6,209,672
`Propulsion System for Design
`for EV (Ehsani-1996)
`Propulsion System Design for
`HEV (Ehsani-1997)
`Bosch Automotive Handbook
`(1996)
`SAE SP-1089
`SAE SP-1089 (Anderson-1995) Feb. 1995
`Critical Issues in Quantifying
`Aug. 11, 1998 An 1998
`HEV Emissions (An 1998)
`the
`1973 Development of
`Federal
`Urban
`Driving
`Schedule (SAE 730553)
`Gregory Davis Resume
`Gregory Davis Data
`
`Feb. 1997
`
`Oct. 1996
`
`Ehsani
`
`1973
`
`SAE 1973
`
`
`
`
`
`
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`Page 4 of 32
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`Exhibit
`No.
`1692
`
`1693
`1694
`1695
`
`1696
`
`1697
`
`1698
`
`1699
`
`1700
`
`1701
`
`1702
`
`1703
`
`1704
`
`1705
`
`1706
`
`1707
`
`Description
`Bumby, J.R. et al.
`“Optimisation and control of a
`hybrid electric car” - IEE Proc.
`A 1987, 134(6)
`US Patent 5,343,970
`Paice Complaint
`Final Decision, IPR2014-
`00904, Paper 41
`Final Decision, IPR2014-
`00571, Paper 44
`Final Decision, IPR2014-
`01416, Paper 26
`Deposition Transcript of Neil
`Hannemann for IPR2014-
`01416
`Final Decision, IPR2014-
`00884, Paper 38
`Final Decision, IPR2014-
`00875, Paper 38
`Final Decision, IPR2014-
`01415, Paper 30
`Deposition Transcript of Neil
`Hannemann for IPR2014-
`00570
`Deposition Transcript of Neil
`Hannemann for IPR2014-
`00875
`Exhibit 2 from deposition of
`Neil Hannemann for IPR2014-
`00875
`Patent Owner’s Response,
`IPR2014-00884, Paper 19
`Modern Electric, Hybrid
`Electric and Fuel Cell Vehicles
`Bosch Handbook
`
`Case No.: IPR2015-00790
`Attorney Docket No. FPGP0104IPR12
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`Date
`Nov. 1987
`
`Identifier
`Bumby II
`
`Severinsky ‘970
`
`’904 Decision
`
`Sept. 6, 1994
`Feb. 25, 2014
`December 10,
`2015
`September 28,
`2015
`March 10, 2016 ’1416 Decision
`
`’571 Decision
`
`Sept. 4, 2015
`
`Hannemann
`’1416 Dep.
`
`’884 Decision
`
`December 10,
`2015
`November 23,
`2015
`March 10, 2016 ’1415 Decision
`
`’875 Decision
`
`April 8, 2015
`
`Hannemann ’570
`Dep.
`
`April 30, 2015 Hannemann ’875
`Dep.
`
`April 30, 2015
`
`’875 Dep. Exhibit
`
`March 10, 2015 ’884 POR
`
`2005
`
`1976
`
`Ehsani
`
`Bosch Handbook
`1976
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`Page 5 of 32
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`FORD 1713
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`Description
`Deposition Transcript of Neil
`Hannemann for IPR2014-
`00884
`Deposition Transcript of Neil
`Hannemann for IPR2014-
`00787
`Exhibit 12 from Deposition
`Transcript of Neil Hannemann
`(IPR2014-00884)
`Patent Owner’s Response,
`IPR2014-01416, Paper 17
`Deposition Transcript of Neil
`Hannemann for IPR2014-
`00571
`Reply Declaration of Dr.
`Gregory Davis
`
`Identifier
`Date
`April 30, 2015 Hannemann ’884
`Dep.
`
`April 27, 2016 Hannemann ’787
`Dep.
`
`April 30, 2015
`
`’884 Dep. Exhibit
`
`June 17, 2015
`
`’1416 POR
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`April 7, 2015
`
`Hannemann ’571
`Dep.
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`
`
`Davis Reply
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`
`
`Exhibit
`No.
`1708
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`1709
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`1710
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`1711
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`1712
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`1713
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`Page 6 of 32
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`I, Gregory Davis, hereby declare as follows:
`
`1.
`
`I previously submitted a declaration on February 23, 2015 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”) to Severinsky et al.
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`2.
`
`I provide this supplemental declaration in response to arguments
`
`presented by the Patent Owner.
`
`I.
`
`Ibaraki ’882 discloses a torque based line
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`3.
`
`I understand that Paice argues that boundary line B in Figure 11 of
`
`Ibaraki ‘882 is a “power curve.” (see e.g., Ex. 2605, Hann. Decl. at ¶47.) But I
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`disagree as the curved portion Mr. Hannemann relies upon is only a segment of the
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`entire “boundary line B.”
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`4. When looking at the entire “boundary line B” I understand it to be the
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`“vehicle drive torque” (as the y-axis states) at all “vehicle speeds.”
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`5.
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`For instance, “boundary line B” includes (1) a hyperbolic curved
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`portion that I have highlighted in red; and (2) a flat (constant) portion which I have
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`highlighted in blue.
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`Ex. 1652, Ibaraki ’882 at Fig. 11 (annotated)
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`
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`6.
`
`This is important as it appears that Mr. Hannemann (and Paice) are
`
`solely relying on the hyperbolic curved portion to argue that “boundary line B” is a
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`line of constant power.
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`7.
`
`But I do not believe this to be an accurate statement as demonstrated
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`by Ex. 1706.1 Specifically, Ex. 1706 confirms that a person having ordinary skill in
`
`the art would understand the below graph to be the ideal characteristics of what an
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`engine (or electric motor) would output at the drive wheels.
`
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`1 Ex. 1706 (Ehsani) is a true and accurate copy of excerpts from a textbook titled
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`“Modern Electric, Hybrid Electric, and Fuel Cell Vehicles Fundamentals, Theory,
`
`and Design” that was published by CRC Press in 2005 and authored by Mehrdad
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`Ehsani et al.
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`Ex. 1706 at 37, Fig. 2.10
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`
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`8.
`
`As shown two curves are illustrated. The first curve labeled “torque”
`
`includes a flat portion at low vehicle speeds and then a segment where the “torque
`
`varies with speed hyperbolically.” (Ex. 1706 at 37.) This hyperbolically varying
`
`portion would be a torque line indicating a constant power value.
`
`9.
`
`In fact, the above graph illustrates this fact by also including a power
`
`output line. As is shown, when the “torque varies with speed hyperbolically” the
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`power line is constant (flat). (Id.)
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`10. Likewise, as shown by Fig. 2.10, when the torque is constant (flat) the
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`power line increases rapidly up to its constant (flat) value. This graph simply
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`further illustrates the well-known relationships between torque and power with
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`respect to speed.
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`11. But simply because a hyperbolically varying torque line might be
`
`understood as representing a constant power curve, does not mean the line is a
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`power curve.
`
`12. Again, Fig. 11 is expressly labeled in terms of “vehicle drive torque”
`
`and “vehicle speed.” This alone should confirm that “boundary line B” is a torque
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`line.
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`13. Further, Ex. 1706 illustrates a person having ordinary skill would
`
`understand that the torque at the wheels is constant (flat) at low vehicle speeds, and
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`then the “torque varies with speed hyperbolically.”
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`14. A person having ordinary skill would therefore have understood the
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`entire portion of boundary line B as being a “vehicle drive torque” line (as the
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`graph expressly is labeled) which is constant (flat) at low “vehicle speeds,” and
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`then which “varies with speed hyperbolically.”
`
`II.
`
`Ibaraki ‘882 compares road load to MTO
`
`15.
`
`I understand that Paice argues that boundary line C in Figure 11 of
`
`Ibaraki ‘882 does not use or disclose the use of MTO in its mode control strategy. I
`
`disagree with this statement.
`
`16. As I stated in my original declaration, a person having ordinary skill
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`would have understood “boundary line C” as being equal to or possibly less than
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`the MTO of an engine. (Ex. 1661, Davis Dec. at ¶255.)
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`17.
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`Case No.: IPR2015-00790
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`It is my understanding that Mr. Hannemann has overlayed what he
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`states is “boundary line C” onto an engine graph having an MTO line. (Ex. 2605,
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`Hannemann Declaration at ¶73.)
`
`18. But it is my opinion that Ex. 1706 illustrates that Mr. Hannemann’s
`
`overlay graph is not accurate with respect to Figure 11’s data map.
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`19.
`
` Mr. Hannemann uses the overlayed curves to explain that the
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`engine’s MTO curve is a hyperbolic curve that looks different than boundary line C
`
`in Figure 11. But there are several reasons for the difference in appearance, even
`
`though both lines are based on the engine’s MTO.
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`20. First, the drawing generated by Mr. Hannemann is a graph of engine
`
`torque (y-axis) versus engine speed (x-axis). In other words, it is an engine graph
`
`like the one shown by Figure 5 of Ibaraki ’882. Figure 11, however, is a “data
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`map” illustrating the vehicle torque versus vehicle speed, as highlighted below.
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`21. And below is Mr. Hannemann’s generated figure where he overlays
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`what he alleges is “boundary line C” onto the above engine graph. (Ex. 2605,
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`
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`Hannemann Declaration at ¶73.)
`
`Ex. 2605, Hannemann Declaration at ¶73
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`22. A person having ordinary skill in the art would understand Mr.
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`Hannemann’s graph as being incorrect is because Ibaraki ’882 discloses a
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`“transmission 116” being included between the engine and drive wheels. (Ex.
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`1652, Ibaraki ’882 at 19:24-33.)
`
`Ex. 1652, Ibaraki ’882 at Fig. 8
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`
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`23.
`
` A person having ordinary skill in the art would therefore understand
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`that the engine’s torque and speed would be modified by the “transmission 116”
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`and the corresponding “vehicle drive torque” and “vehicle speed” would be based
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`on the particular gear ratio of the transmission.
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`24. Ex. 1706 even explains that it was known to use a “multigear
`
`transmission... to modify” the “torque-speed profile” shown in Figure 2.11. (Ex.
`
`1706 at 36.) Ex. 1706 further states that how a transmission modifies the “torque-
`
`speed profile” is shown in “Figure 2.13.” (Ex. 1706 at 38.)
`
`25.
`
`(intentionally left blank)
`
`26. As shown below, Figure 2.13 illustrates that each gear in the
`
`transmission has a different gear ratio that modifies the single torque vs speed
`
`curve of the engine to map to various torque vs speed curves for the vehicle.2 For
`
`instance, in first (1st) gear, the engine provides the greatest torque to the wheels at a
`
`low vehicle speed. On the other hand, in fourth (4th) gear the engine torque
`
`provided at the wheels has a relatively flat curve and can only provide a low torque
`
`but can do so up to a much higher vehicle speed. (Ex. 1706, Ehsani at 39.)
`
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`2 One of ordinary skill in the art recognizes that Tractive Effort at the wheel (kN)
`
`(shown on the y-axis of Fig. 2.13) is simply the Tractive Torque at the wheel (kN-
`
`m) divided by the rolling radius of the wheel. (see Ex. 1781, Bosch Handbook at 6-
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`7.)
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`Page 14 of 32
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`27. The above figure illustrates what was commonly known to a person
`
`having ordinary skill. For instance, a person driving a manual-transmission vehicle
`
`would have understood that 1st gear cannot be used to drive vehicles at higher
`
`speeds (e.g., driving on the freeway). Likewise, a person driving a manual-
`
`transmission vehicle in 1998 would have also understood that higher gears cannot
`
`be used when attempting to climb a very steep hill or tow a heavy load at low
`
`speed. This is because higher gears (e.g., 4th gear) cannot produce the torque
`
`necessary to meet these vehicle demands. Therefore, lower gears (and lower
`
`vehicle speeds) are used to operate the vehicle under these situations.
`
`28.
`
`It was also well-known to a person having ordinary skill that
`
`transmissions were used not only to improve the performance of an engine, but
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`also to improve the efficiency. For instance, Ex. 1706 describes that the gear ratios
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`Page 15 of 32
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`of a transmission are “selected in such a way that the engine can operate in the
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`same speed range for all the gears. This approach would benefit the fuel economy
`
`and performance of the vehicle.” (Ex. 1706, Ehsani at 40.)
`
`29. A person of ordinary skill in the art would understand that Figure 2.13
`
`(Ex. 1706, Ehsani at 39) illustrates the engine’s MTO at each gear, as provided at
`
`the wheels of the vehicle. As annotated below, the engine’s MTO (as modified by
`
`each gear of the transmission) is limited by a hyperbolic curve.
`
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`30. As is further illustrated below, Figure 2.13 (Ex. 1706, Ehsani at 39)
`
`includes a dashed line (highlighted in yellow) that is the upper bound of each
`
`individual MTO curve that has been modified by the transmission and provided at
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`the drive wheels. This upper bound represents the maximum power that could be
`
`provided to the drive wheels by the engine at any vehicle speed. In other words,
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`the dashed line represents the maximum torque output of the engine that can be
`
`provided to the wheels at any given vehicle speed.
`
`Ex. 1706, Ehsani at 39, Fig. 2.13 (annotated)
`
`
`
`31.
`
`It was further known by a person having ordinary skill that if an
`
`“infinitely variable transmission” was used, the hyperbolic curve highlighted above
`
`in yellow could be attained over a range of gear ratios. (Ex. 1707, Bosch Handbook
`
`1976 at 3.3) In other words, the dashed line would be the engine’s MTO as seen at
`
`3 Ex. 1707 (Bosch Handbook 1976) is a true and accurate copy of excerpts from
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`the 1976 Bosch Automotive Handbook that was published by Robert Bosch GmbH
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`in 1976.
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`the vehicle wheels when using an infinitely variable transmission. This concept is
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`illustrated somewhat by the 4 gear transmission shown in Figure 2.13. Specifically,
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`it can be seen that each gear follows the hyperbolic curves for at least a portion.
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`With the infinitely variable transmission, there would not be any “steps” or gaps
`
`between gears; thus the engine MTO at the wheels of the vehicle would follow the
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`hyperbolic curve highlighted in yellow.
`
`32. A person of ordinary skill in the art would understand that boundary
`
`line C in Fig. 11 of Ibaraki ‘882 represents the upper bound of the engine’s MTO
`
`as seen at the output of the “transmission 116” (i.e., at the drive wheels) in any
`
`gear represented on a graph of vehicle torque versus speed, as described by Dr.
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`Ehsani in Ex. 1706. A comparison is shown below.
`
`33. While 1706 is not prior art, illustrating the transmission output for
`
`each gear of the engine’s MTO was well-known as shown and described in the
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`Case No.: IPR2015-00790
`Attorney Docket No. FPGP0104IPR12
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`Bosch Handbook in 1976. (Ex. 17074.) Ex. 1707 also explains that it was well
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`known that without a transmission, the engine could “provide only little
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`acceleration and exhibit unsatisfactory climbing ability.” (Ex. 1707, Bosch
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`Handbook 1976 at 3.) This is shown below by the dashed line labeled “direct
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`drive.” In other words, with a direct drive gear ratio the engine’s MTO is not
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`modified and will be far below the hyperbolic “ideal tractive force hyperbola”
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`curve illustrated below at most vehicle speeds.
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`4 Just as before with Ehsani, one of ordinary skill in the art recognizes that the
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`Tractive force at the wheel (shown on the y-axis of Ex. 1707 at 3) is simply the
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`Tractive Torque at the wheel divided by the rolling radius of the wheel. (see Ex.
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`1686, Bosch Handbook at 6-7; See also Ex. 1707, Bosch Handbook 1976 at 3;
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`explaining that “M = F*r,” where M = torque, F = force, r = radius.)
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`Case No.: IPR2015-00790
`Attorney Docket No. FPGP0104IPR12
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`Ex. 1707, Bosch Handbook 1976 at 3
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`34. The direct drive illustration just further demonstrates that a person
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`having ordinary skill would have understood that the hyperbolic “boundary line C”
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`curve is at or possibly below the engine’s MTO at all points. The “direct drive”
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`curve shows that without a transmission, the MTO of the engine at the wheels is
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`below the engine MTO curve at the wheels for each gear ratio of the transmission
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`that follows the hyperbolic “ideal tractive force” curve.
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`A. Rationale to combine Ibaraki ’882 and Yamaguchi
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`35.
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`I described the rationale to combine Ibaraki ’882 with Yamaguchi in
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`¶¶262-264 of my first declaration. (Ex. 1661, Davis Dec.)
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`36. A person of ordinary skill in the art would have known that modifying
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`the base-control strategy in Ibaraki ’882 to implement Yamaguchi’s control
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`strategy to rotate the engine before starting would have been a simple software
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`modification without having to modify the hybrid vehicle architecture disclosed by
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`Ibaraki ’882. And a person having ordinary skill in the art would have been
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`capable and knowledgeable to make such a software change.
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`III. Ground 3: Claim 25 is obvious over Ibaraki ’882 in view of Kawakatsu
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`37.
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`I explained the reasons to combine Ibaraki ’882 with Kawakatsu in
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`¶¶311-312 of my first declaration (Ex. 1661, Davis Dec.)
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`38. A person of ordinary skill in the art would have been further
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`motivated to combine the base architecture and control strategy of Ibaraki ’882
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`with Kawakatsu’s known motor sizing technique (relatively large motor and small
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`engine) to design a zero-emission vehicle (ZEV). In September 1990 the California
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`Air Resource Board (CARB) enacted the Clear Air Act, which required that 52%
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`of all vehicles sold in California be either low-emission vehicles (LEV’s)—48%,
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`ultralow-emission vehicles (ULEV’s)—2%, or zero-emission vehicles (ZEV’s)—
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`2%, by 1998. (Ex. 1685, IEEE Ehsani 1997 at 1.) Ehsani also notes that other
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`states and nations were considering similar requirements. Id. For example, Vittone
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`describes trends in Europe to include “city centers with mobility restricted to ZEV
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`vehicles.” (Ex. 1656, Vittone at 24.) Electric vehicles were often classified as such
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`“ZEVs.” (Ex. 1685, IEEE Ehsani 1997 at 1.) However, a HEV that was capable of
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`operating entirely in electric-mode (i.e., the APU is not used) was referred to as
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`“ZEV-operation-capable.” (Ex. 1688, An 1998 at 8.)
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`39. An further explains that HEVs have various operational strategies,
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`including: charge-sustaining, charge-depleting and zero emission vehicle (ZEV)
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`capability. (Ex. 1688, An 1998 at 8.) An also discloses that the sizing of the
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`electric motor determines whether or not the HEV is capable of ZEV Operation. Id.
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`40. Therefore a person of ordinary skill in the art, who wanted to design a
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`HEV to target such a ZEV classification, would have sized the motor so that the
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`vehicle was capable of operating entirely in electric-mode.
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`41. As I explained in my first declaration, a person having ordinary skill
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`in the art would have understood that the combination of Kawakatsu’s large motor
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`with Ibaraki ’882’s base architecture and control strategy allows for use of a
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`smaller engine in the hybrid vehicle – a smaller engine, which will use less fuel
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`and emit less exhaust fumes. A person of ordinary skill in the art would have
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`known that increasing the motor and decreasing engine in a HEV would have
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`resulted in packaging modifications. Further, such ZEV operation capability
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`would require a battery that was large enough to provide the desired ZEV range
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`without needing a recharge.
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`42. Further, since Ibaraki ’882 discloses a control strategy with
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`boundaries B and C that are based on the limits of the efficient operating range of
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`the engine (Ex. 1652, Ibaraki ’882 at 20:49-21:20), a person of ordinary skill in the
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`art would have known to change these boundaries if a different engine was selected
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`to best use the efficient operating range of the new engine. And a person having
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`ordinary skill in the art would have been capable and knowledgeable to make such
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`a software change to incorporate new boundaries based on the large motor and
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`small engine disclosed by Kawakatsu. (See e.g., Ex. 1655, Kawakatsu, Fig. 2.)
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`Figure 11 of Ibaraki ’882, including boundaries B and C, is reproduced below:
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`Ex. 1652, Ibaraki ’882, Fig. 11
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`IV. Ground 4: Claim 29 is obvious over Ibaraki ’882 in view of Vittone
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`A. A person of ordinary skill in the art would have understood that
`Vittone’s ‘steady state management’ of the thermal engine teaches
`that the rate of change of torque output of the engine is limited
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`43.
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`It is my understanding that Paice has argued Ford provided no support
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`that Figure 8 discloses limiting a rate of change of torque output of the engine
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`during transient phases. (Hannemann Declaration, Ex. 2605 at ¶¶97-100.)
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`44. A person of ordinary skill in the art would have understood that the
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`change in engine output torque, as illustrated in Figure 8 of Vittone, is limited
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`during the transient phases, i.e., between (t1-t3) and (t4-t6), because the engine
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`output torque (green) lags the driveability torque requirement (yellow) in these
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`phases.
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`Ex. 1656, Vittone, Figure 8 (annotated)
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`45. With reference to Figure 8 above, the vehicle is subjected to a first
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`transient input when, between t1 and t2, the DRIVEABILITY TORQUE
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`REQUIREMENT increases at a constant rate. This is illustrated by the slope of the
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`DRIVEABILITY TORQUE REQUIREMENTS curve (i.e., the rate of change of
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`road load) between time t1 and t2 that is labeled as Rapid acceleration1. The steady
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`state management of the engine in response to Rapid acceleration1 is illustrated by
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`the slope of the ENGINE TORQUE curve (i.e., the “rate of change of torque
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`produced by the engine”) between t1 and t3.
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`46. The vehicle is then subjected to a second transient input when,
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`between t4 and t5, the DRIVEABILITY TORQUE REQUIREMENT increases at a
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`constant rate. This is illustrated by the slope of the DRIVEABILITY TORQUE
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`REQUIREMENTS curve (i.e., the rate of change of “road load”) between time t4
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`and t5, which I have labeled as Rapid acceleration2. The steady state management
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`of the engine in response to Rapid acceleration2 is also illustrated by the slope of
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`the ENGINE TORQUE curve (i.e., the “rate of change of torque produced by the
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`engine”) between t4 and t6.
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`47. As shown above in the annotated Figure 8 of Vittone, Rapid
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`acceleration1 is greater that Rapid acceleration2. This means that the rate of
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`change of “road load” is greater during the first transient phase than during the
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`second transient phase. However, the slope of the ENGINE TORQUE curve (i.e.,
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`the “rate of change of torque produced by the engine”) is approximately equal
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`during both transient phases. Further, due to the “steady state management” of the
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`engine during the transient phases, the slope of the ENGINE TORQUE curve is
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`limited to a common rate of change that is less than Rapid acceleration1 or Rapid
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`acceleration1. This common rate of change of the engine output torque during
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`different transient conditions illustrates Vittone’s ‘steady – state’ management of
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`the engine during transient phases.
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`48. Figure 7 of the ’634 Patent includes a similar graph illustrating the
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`engine output torque during transient conditions. During a deposition, Mr.
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`Hannemann described Figure 7 of the related ’388 Patent, which is the same as
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`Figure 7 of the ’634 Patent, and circled regions (shown in red below) where the
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`rate of change of engine output torque is limited to a threshold value. (Ex. 1703,
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`Hannemann ’875 Dep., 18:4-19:18.)
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`Ex. 1704, Ex. 2 at 2 (annotated in original)
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`49. Mr. Hannemann explained that he knew where the rate of change of
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`engine output torque is limited because the engine output torque lags the road load
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`at those portions of the graph, and that “[i]f the engine torque output is not limited,
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`I would assume that it would follow the road load.” (Ex. 1703, Hannemann ’875
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`Dep., at 18:18-19:4.)
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`50. As confirmed by Mr. Hannemann, a person of ordinary skill in the art
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`could tell by visual inspection of a graph including an engine output torque curve
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`and a “road load” (i.e., the torque required for propulsion of the vehicle) curve,
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`that the engine output torque is limited during transient phases in which the engine
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`output torque lags the torque required for propulsion of the vehicle.
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`51. Thus, Vittone’s Figure 8 discloses “wherein the rate of change of
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`torque produced by said engine is limited,” as required by claim 20.
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`B. Rationale to combine Ibaraki ’882 with Vittone
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`52.
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`I described the rationale to combine Ibaraki ’882 with Vittone in
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`¶¶314-324 of my first declaration. (Ex. 1661, Davis Dec.)
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`1.
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`Paice’s narrow interpretation of Ibaraki ’882 and Vittone is
`incorrect
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`53.
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`It is my understanding that Paice is arguing a person of ordinary skill
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`in the art would not have combined Ibaraki ’882 and Vittone because Ibaraki ’882
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`and Vittone are directed to very different hybrid control strategies; and Vittone
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`would not have worked with the engine control strategies of Ibaraki ’882. (Ex.
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`2605, Hannemann Declaration, at ¶¶102-104.) Further, I understand Paice argues
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`the Vittone discloses that the driver uses a switch to select between the electric and
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`hybrid modes. (Ex. 2605, Hannemann Declaration at ¶103.)
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`54. As explained in my first declaration, Ibaraki ’882 teaches operating
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`the engine based on the “torque required” to propel the vehicle – not based solely
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`on power. (Ex. 1661, Davis Dec. at ¶¶238-248.)
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`55. Paice’s characterization of Vittone’s control strategy as requiring the
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`driver to select the mode is misleading. Vittone describes development trends in
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`Case No.: IPR2015-00790
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`Europe as including “city centers with mobility restricted to [zero emission
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`vehicles] ZEV vehicles.” (Ex. 1656, Vittone at 24.) Accordingly, one of the
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`goals/missions of the hybrid development project described in Vittone is a parallel
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`hybrid vehicle capable of “short trips in urban areas with zero emissions by only
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`using the electric motor driveline.” (Ex. 1656, Vittone at 21.) Vittone discloses an
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`electric/hybrid selector switch (Fig. 5) that allows the driver to select electric
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`mode, so that the vehicle is restricted to ZEV operation. When the switch is set to
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`hybrid mode, however, “the electronic control unit (ECU) manages the powertrain
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`on the basis of the inputs of the accelerator and brake pedals” and “torque splitting
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`between the two drivelines occurs automatically”:
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`Management strategies of the hybrid powertrain
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`With reference to the configuration scheme shown in Fig. 5, the
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`electronic control unit (ECU) manages the powertrain on the basis of
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`the inputs of the accelerator and brake pedals, discriminati