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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FORD MOTOR COMPANY
`Petitioner
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`v.
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`PAICE LLC & THE ABELL FOUNDATION, INC.
`Patent Owner
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`Case IPR2015-00791
`Patent 7,237,634
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`PATENT OWNER’S
`RESPONSE TO PETITION
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`Patent No. 7,237,634
`Patent Owner’s Response
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`Case IPR2015-00791
`Attorney Docket No: 36351-0015IP9
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`TABLE OF CONTENTS
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`I.
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`II.
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`INTRODUCTION ........................................................................................... 1
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`THE ’634 PATENT ......................................................................................... 3
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`A.
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`B.
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`Background of the ’634 Patent .............................................................. 3
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`Claim Construction ............................................................................... 6
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`1.
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`“setpoint (SP)” ............................................................................ 7
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`“operating at least one electric motor to propel the hybrid
`2.
`vehicle when the RL required to do so is less than a setpoint (SP)” /
`“operating an internal combustion engine of the hybrid vehicle to
`propel the hybrid vehicle when the RL required to do so is between
`the SP and a maximum torque output (MTO) of the engine” /
`“operating both the at least one electric motor and the engine to propel
`the hybrid vehicle when the torque RL required to do so is more than
`the MTO” ............................................................................................ 11
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`III. ARGUMENT ................................................................................................. 17
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`A.
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`B.
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`Ford Will Be Estopped from Maintaining its Challenges to Claims 80,
`93, 99, 114, 127, 132, 139, and 215 .................................................... 17
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`Grounds 1-4 are Deficient—Ford Has Failed to Demonstrate that
`Ibaraki ’882 Discloses or Renders Obvious the Features Recited in the
`Challenged Claims .............................................................................. 18
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`1.
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`2.
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`Ibaraki ’882 does not compare “road load” to “setpoint” ......... 18
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`Ibaraki ’882 does not compare “road load” to “MTO” ............ 35
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`Ibaraki ’882 does not disclose a setpoint that is substantially
`3.
`less than MTO ..................................................................................... 46
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`C.
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`Ground 2 is Deficient—the Prior Art of Record Fails to Disclose
`Road-Load-Based Hysteresis .............................................................. 49
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`D. Ground 3 is Deficient—Suga’s Pure Electric Vehicle Does Not Relate
`to Sizing a Motor in a Hybrid Electric Vehicle................................... 52
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`E.
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`Ground 4 is Deficient—Neither Lateur’s nor Jurgen’s Cruise Control
`Disclose a Road-Load-Based Control Strategy .................................. 57
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`IV. CONCLUSION .............................................................................................. 58
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`TABLE OF AUTHORITIES
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` Page(s)
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`Cases
`In re Abbott Diabetes Care Inc.,
`696 F.3d 1142 (Fed. Cir. 2012) .......................................................................... 10
`
`In re Cuozzo Speed Techs., LLC,
`793 F.3d 1268 (Fed. Cir. 2015) ............................................................................ 6
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`Fuji Photo Film Co. v. Int'l Trade Comm’n,
`386 F.3d 1095 (Fed. Cir. 2004) .......................................................................... 10
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`Hockerson-Halberstadt, Inc. v. Avia Group Int’l,
`222 F.3d 951 (Fed. Cir. 2000) ...................................................................... 46, 48
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`Innogenetics, N.V. v. Abbott Labs.,
`512 F.3d 1363 (Fed. Cir. 2008) .................................................................... 55, 58
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`In re Kahn,
`441 F.3d 977 (Fed. Cir. 2006) ............................................................................ 32
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`Merck & Co. v. Teva Pharm. USA, Inc.,
`395 F.3d 1364 (Fed. Cir. 2005) .......................................................................... 13
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`Microsoft Corp. v. Proxyconn, Inc.,
`789 F.3d 1292 (Fed. Cir. 2015) ............................................................ 6, 7, 10, 14
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`Nystrom v. Trex Co.,
`424 F.3d 1136 ..................................................................................................... 46
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`Plantronics v. Aliph, Inc.,
`724 F.3d 1343 (Fed. Cir. 2013) .......................................................................... 56
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`In re Suitco Surface, Inc.,
`603 F.3d 1255 (Fed. Cir. 2010) ............................................................................ 6
`
`In re Vaidyanathan,
`381 Fed. Appx. 985 (Fed. Cir. 2010) .................................................................. 10
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`In re Wright,
`569 F.2d 1124 (C.C.P.A. 1977) .......................................................................... 47
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`Statutes
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`35 U.S.C. § 103 .......................................................................................................... 1
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`35 U.S.C. § 315(e)(1) ............................................................................................... 17
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`Other Authorities
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`37 C.F.R. § 42.100(b) .......................................................................................... 6, 17
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`Exhibit Number
`Ex. 2401
`Ex. 2402
`Ex. 2403
`Ex. 2404
`Ex. 2405
`Ex. 2406
`Ex. 2407
`Ex. 2408
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`Ex. 2409
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`Ex. 2410
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`Ex. 2411
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`Ex. 2412
`Ex. 2413
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`Ex. 2414
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`EXHIBITS
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`Exhibit Name
`Table of Ford’s IPR Petitions
`Gregory Davis Deposition Transcript (Feb. 25, 2015)
`The Oxford Essential Dictionary, American Ed.
`(1998) (excerpt)
`U.S. Patent No. 8,214,097 File History
`Appendix A (Jan. 15, 2014)
`Declaration of Daniel A. Tishman in Support of
`Patent Owners’ Motion for Pro Hac Vice Admission
`Declaration of Neil Hannemann
`Neil Hannemann CV
`Gregory W. Davis, Deposition Tr. (IPR2015-00722,
`IPR2015-00784, IPR2015-00787, IPR2015-00790,
`IPR2015-00791, IPR2015-00794, IPR2015-00795)
`(January 13, 2016)
`Hybrid Power Unit Development for Fiat Multipla
`Vehicle,” by A. Caraceni, G. Cipolla, and R.
`Barbiero, SAE Publication 981124 (1998)
`(“Caraceni”)
`Ehsani et al., Modern Electric Hybrid Electric, and
`Fuel Cell Vehicles (2005)
`Gregory W. Davis, Deposition Tr. (IPR2014-00571,
`IPR2014-00579) (January 13, 2015)
`Gregory W. Davis Deposition Tr. (IPR2014-01416)
`(June 3, 2015)
`Ex. 1661 from IPR2015-00790
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`Pursuant to 37 C.F.R. § 42.120 and the Decision to Institute (“Institution
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`Decision” or “Inst. Dec.”), Patent Owners Paice LLC and the Abell Foundation,
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`Inc. (collectively, “Paice”) hereby submit this Response to the Petition for Inter
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`Partes Review of U.S. Patent. No. 7,237,634 under 35 U.S.C. § 311 et seq., and 37
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`C.F.R. § 42.100 et seq. (“Petition” or “Pet.”) filed by Ford Motor Company
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`(“Ford”).
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`I.
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`INTRODUCTION
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`U.S. Patent. No. 7,237,634 (“the ’634 patent”), which is the subject of the
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`present Petition, claims an inventive and novel method of control for a hybrid
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`electric vehicle that uses road load, setpoint, and the maximum torque output of an
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`internal combustion engine to determine when to transition between various
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`operating modes in which the vehicle is propelled by an electric motor, an internal
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`combustion engine, or both. Ford’s Petition challenges claims 33, 37, 39, 40, 41,
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`80, 93, 94, 96, 99, 106, 107, 108, 113, 114, 127, 128, 132, 139, 140, 141, 146, 215,
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`229, and 231 as obvious under 35 U.S.C. § 103. Following Paice’s preliminary
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`response, filed on August 10, 2015, the Board instituted review of each of the
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`challenged claims, except for claims 33, 37, and 39-41, as obvious over various
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`combinations of U.S. Patent No. 5,789,882 to Ibaraki et al. (Ex. 1452) (“Ibaraki
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`’882”), U.S. Patent No. 5,623,104 to Suga (Ex. 1454) (“Suga ’104”), U.S. Patent
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`No. 6,116,363 to Frank (Ex. 1489) (“Frank”), U.S. Patent No. 5,823,280 to Lateur
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`et al. (Ex. 1490) (“Lateur”), and Automotive Electronics Handbook, Ronald Jurgen
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`(Ex. 1491) (“Jurgen”).
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`Ford’s arguments with regards to the ’634 patent are fundamentally flawed.
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`The ’634 patent’s innovative control strategy, using road load, setpoint, and the
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`engine’s maximum torque output (MTO) to decide which operating mode to select
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`to maximize efficiency, is absent in the cited references. Instead, Ibaraki ’882
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`discloses selecting operating modes based on power, not road load or torque-based
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`setpoints. The following illustration of each control system reveals the manifest
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`differences:
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`The control strategy claimed by the ’634 patent compares road load to
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`setpoint and MTO, and, as a result, operates the engine at a wide range of
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`relatively high torque values across the engine’s entire speed range, as depicted
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`above on left. The power-based control strategy of Ibaraki ’882 compares the
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`instantaneous drive power to power thresholds (which are unrelated to the engine’s
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`MTO) and, therefore, operates the engine in a defined range of power values, as
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`depicted above on right. Consequently, Ibaraki ’882 operates the motor much
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`more frequently than the inventive, road load-based control strategy claimed in the
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`’634 patent. Ford has presented no logical rationale as to why the ’634 patent’s
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`control system would be rendered obvious by the power-based system of Ibaraki
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`’882.
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`II. THE ’634 PATENT
`A. Background of the ’634 Patent
`The ’634 patent, entitled “Hybrid Vehicles,” issued on July 3, 2007, from an
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`application with a priority date of September 14, 1998. The ’634 patent discloses
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`embodiments of a hybrid electric vehicle, with an internal combustion engine, two
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`electric motors and a battery bank. A microprocessor is employed to control the
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`internal combustion engine, the two electric motors, and the battery bank based on
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`the hybrid vehicle’s instantaneous torque requirements such that the internal
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`combustion engine is only run under high efficiency conditions. See, e.g., Ex.
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`1450 at Abstract.
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`An embodiment of the hybrid vehicle disclosed in the ’634 patent is shown
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`in Figure 3, reproduced below:
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`Id. at Fig. 3. As shown, a traction motor 25 is connected to the road wheels 34
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`through a differential 32. A starter motor 21 is connected to the internal
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`combustion engine 40. The motors 21 and 25 are functional as either motors or
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`generators, depending on the operation of the corresponding inverter/charger units
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`23 and 27, which connect the motors to the battery bank 22. See id. at 26:19-30.
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`These components are controlled by a microprocessor 48 or any controller
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`capable of examining input parameters and signals and controlling the mode of
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`operation of the vehicle. See, e.g., id. at 26:31-27:25. For example, control of
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`engine 40 is accomplished by way of control signals provided by the
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`microprocessor to the electronic fuel injection (EFI) unit 56 and electronic engine
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`management (EEM) unit 55. Control of (1) starting of the engine 40; (2) use of
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`motors 21 and 25 to provide propulsive torque; or (3) use of motors as generators
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`to provide regenerative recharging of battery bank 22, is accomplished through
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`control signals provided by the microprocessor to the inverter/charger units 23 and
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`27. See, e.g., id. at 26:64-27:25; 28:42-52.
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`The hybrid vehicle may be operated in a number of modes based on the
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`vehicle’s instantaneous torque requirements, the engine’s maximum torque output,
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`the state of charge of the battery, and other operating parameters. In an
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`implementation of the ’634 patent, the microprocessor employs a hybrid system
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`control strategy based on sensed and calculated values for system variables that are
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`evaluated against setpoints and causes the vehicle to operate in various operating
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`modes pursuant to this control strategy. See, e.g., id. at 40:16-26.
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`For example, in mode I, the hybrid vehicle is operated as an electric car,
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`with the traction motor providing all torque to propel the vehicle. Id. at 37:24-32.
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`As the vehicle continues to be propelled in electric only mode, the state of charge
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`of the battery may become depleted, and need to be recharged. In this case, the
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`hybrid vehicle may transition to mode II to recharge the battery, in which the
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`vehicle operates as in mode I, with the addition of the engine running the
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`starter/generator motor to provide electrical energy to operate the traction motor
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`and recharge the battery. See, e.g., id. at 37:32-36. When the internal combustion
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`engine can be operated in its fuel efficient range to propel the vehicle, the hybrid
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`vehicle operates in mode IV, with the engine providing torque to propel the
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`vehicle. Id. at 37:42-44; 38:51-61. If the vehicle requires additional torque, such
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`as for acceleration or hill-climbing, the vehicle may enter mode V, where the
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`traction motor provides additional torque to propel the vehicle beyond that
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`provided by engine 40. Id. at 38:1-8.
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`B. Claim Construction
`In IPR proceedings, the Board applies the “broadest reasonable
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`interpretation” standard, which mandates that “[a] claim in an unexpired patent
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`shall be given its broadest reasonable construction in light of the specification of
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`the patent in which it appears.” 37 C.F.R. § 42.100(b); see also In re Cuozzo
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`Speed Techs., LLC, 793 F.3d 1268, 1278 (Fed. Cir. 2015). The Federal Circuit has
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`recognized, however, that that standard requires that the claims must be read in
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`light of the specification as it would be interpreted by one of ordinary skill in the
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`art. In re Suitco Surface, Inc., 603 F.3d 1255, 1260 (Fed. Cir. 2010). In Microsoft
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`Corp. v. Proxyconn, Inc., the Federal Circuit explained that the broadest reasonable
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`interpretation does not mean that “the Board may construe the claims during IPR
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`so broadly that its constructions are unreasonable under general claim
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`constructions principles,” and that the construction must not be “divorced from the
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`specification and the record evidence” and inconsistent with “the one that those
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`skilled in the art would reach.” 789 F.3d 1292, 1298 (Fed. Cir. 2015) (quoting In
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`re NTP, Inc., 654 F.3d 1279, 1288 (Fed. Cir. 2011); In re Cortright, 165 F.3d
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`1353, 1358 (Fed. Cir. 1999)). “A construction that is ‘unreasonably broad’ and
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`which does not ‘reasonably reflect the plain language and disclosure’ will not pass
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`muster.” Microsoft, 789 F.3d at 1298 (quoting Suitco, 603 F.3d at 1260).
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`“setpoint (SP)”
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`1.
`A “setpoint” is “a definite, but potentially variable value at which a
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`transition between operating modes may occur.”1 Paice respectfully requests that
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`the Board reconsider its construction as it is unreasonably broad and does not
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`reasonably reflect the disclosure of the ’634 patent. Instead, the Board should
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`adopt Paice’s construction (“a definite, but potentially variable value at which a
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`transition between operating modes may occur”).
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`1 As the Board is aware, the U.S. District Court for the Eastern District of
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`Texas and the U.S. District Court for the District of Maryland both have construed
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`the term “setpoint (SP)” to mean “a definite, but potentially variable value at which
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`a transition between operating modes may occur.” See Paice LLC v. Toyota Motor
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`Corp., Case No. 2:07-cv-180 (E.D. Tex. Dec. 5, 2008) (Ex. 1456 at 204); Paice
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`LLC v. Hyundai Motor Corp., Case No. 2:12-cv-499 (D. Md. Jul. 24, 2014) (Ex.
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`1457 at 103) (“The Plaintiffs’ proposed construction of ‘setpoint’ as ‘a definite, but
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`potentially variable value at which a transition between operating modes may
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`occur,’ is consistent with the language of the claims and the intrinsic evidence.”).
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` The claims and the specification of the ’634 patent make clear that a
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`“setpoint” is not simply a numerical value divorced from the context of the control
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`system. Rather, “setpoint” serves the crucial function of marking the transition
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`from one claimed mode to another, and in particular, the transition from propelling
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`the vehicle with the motor to propelling the vehicle with the engine. See, e.g., Ex.
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`1450 at 40:41-49.
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`For example, in claims 80 and 161, the “setpoint” marks the transition
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`between a mode in which only the motor propels the vehicle, to modes in which
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`the engine also can be used to propel the vehicle or charge the battery. See, e.g.,
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`id. at claims 80 (“operating at least one electric motor to propel the hybrid vehicle
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`when the RL required to do so is less than a setpoint (SP)”), 114, 215.
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`Additionally, the specification unambiguously defines “setpoint” as
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`synonymous with a “transition point” between modes:
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`[I]n the example of the inventive control strategy discussed above, it is
`repeatedly stated that the transition from low-speed operation to
`highway cruising occurs when road load is equal to 30% of MTO. This
`setpoint, referred to in the appended claims as "SP", and sometimes
`hereinafter as the transition point (i.e., between operation in modes I
`and IV) is obviously arbitrary and can vary substantially, e.g., between
`30-50% of MTO, within the scope of the invention.
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`Id. at 40:41-49; see also id. at 40:16-26 (“the microprocessor tests sensed and
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`calculated values for system variables, such as the vehicle’s instantaneous torque
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`requirement, i.e., the ‘road load’ RL . . . against setpoints, and uses the results of
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`the comparisons to control the mode of vehicle operation.”), 40:63-65 (“For
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`example, in response to recognition of a regular pattern as above, the transition
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`point might be adjusted to 60% of MTO”), 41:4-8 (“It is also within the scope of
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`the invention to make the setpoint SP to which the road load is compared to control
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`the transition from mode I to mode IV somewhat ‘fuzzy’ [sic], so that SP may vary
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`from one comparison of road load to MTO to the next depending on other
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`variables”), 41:59-63 (“FIG. 9 thus shows the main decision points of the control
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`program run by the microprocessor, with the transition point between mode I, low-
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`speed operation, and mode IV highway cruising, set at a road load equal to 30% of
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`MTO”), 44:24-31 (“Further, as noted above the transition points between modes I,
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`IV, and V in particular may vary in accordance with the operator's commands”).
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`The Board’s initial construction of “setpoint” as a “predetermined torque
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`value that may or may not be reset,” see Inst. Dec. at 12, is incorrect and
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`unreasonably broad because it fails to recognize that “setpoint” represents a point
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`at which a transition between different operating modes may occur. The
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`broadening construction is “divorced from the specification and the record
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`evidence” and inconsistent with “the one that those skilled in the art would reach.”
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`See Microsoft, 789 F.3d at 1298 (quoting NTP, 654 F.3d at 1288; Cortright, 165
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`F.3d at 1358). In essence, the construction covers hybrid vehicle systems where
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`transitions between modes never occur—a clear error that is fundamentally
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`contrary to the specification of the ’634 patent. See Fuji Photo Film Co. v. Int'l
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`Trade Comm’n, 386 F.3d 1095, 1098 (Fed. Cir. 2004) (claim should not be given
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`overly broad construction that is inconsistent with how claim term is used in the
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`specification). The Board’s “broadest reasonable interpretation” must be
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`reasonable, and must be in conformity with the invention as described in the
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`specification. In re Vaidyanathan, 381 Fed. Appx. 985, 995-96 (Fed. Cir. 2010);
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`see also In re Abbott Diabetes Care Inc., 696 F.3d 1142, 1149 (Fed. Cir. 2012)
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`(holding that Board’s construction of “electrochemical sensor” was “unreasonable
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`and inconsistent with the language of the claims and the specification”).
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`Additionally, as set forth in Paice’s preliminary response, “setpoint” should
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`not be limited to a torque value—the specification makes clear that a setpoint is not
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`limited to a torque value and in fact could also be a measure of the state of charge
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`of the battery.
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`[T]he microprocessor tests sensed and calculated values for system
`variables, such as the vehicle's instantaneous torque requirement, i.e.,
`the “road load” RL, the engine's instantaneous torque output ITO, both
`being expressed as a percentage of the engine's maximum torque output
`MTO, and the state of charge of the battery bank BSC, expressed as a
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`percentage of its full charge, against setpoints, and uses the results of
`the comparisons to control the mode of vehicle operation.
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`Ex. 1450 at 40:22-31 (emphasis added). Ford relies on this specification passage
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`in its Petition, see Pet. at 10, but deliberately omits the language regarding state of
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`charge of the battery. Thus, Ford’s construction, in this regard, impermissibly
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`narrows the broadest reasonable interpretation of setpoint as used in the
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`specification.
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`Therefore, Paice respectfully requests that the Board reconsider its
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`construction and adopt Paice’s construction of “setpoint” to make clear that it is a
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`value “at which a transition between operating modes may occur.”
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`2.
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`“operating at least one electric motor to propel the hybrid
`vehicle when the RL required to do so is less than a setpoint
`(SP)” / “operating an internal combustion engine of the
`hybrid vehicle to propel the hybrid vehicle when the RL
`required to do so is between the SP and a maximum torque
`output (MTO) of the engine” / “operating both the at least
`one electric motor and the engine to propel the hybrid
`vehicle when the torque RL required to do so is more than
`the MTO”
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`Each of the challenged claims require “operating at least one electric motor
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`to propel the hybrid vehicle when the RL required to do so is less than a setpoint
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`(SP),” “operating an internal combustion engine of the hybrid vehicle to propel the
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`hybrid vehicle when the RL required to do so is between the SP and a maximum
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`torque output (MTO) of the engine,” and “operating both the at least one electric
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`Case IPR2015-00791
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`motor and the engine to propel the hybrid vehicle when the torque RL required to
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`do so is more than the MTO.” See Ex. 1450 at claims 161, 215. Because Ford
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`appears intent on interpreting these limitations in an unreasonably broad manner to
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`essentially capture any system where a torque value is above/below a threshold
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`either by coincidence or otherwise, the Board should construe these limitations to
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`make clear that the claimed controller (or method of control) selects operating
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`modes based on a comparison of road load to setpoint or MTO.
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`Specifically, the Board should construe “operating at least one electric motor
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`to propel the hybrid vehicle when the RL required to do so is less than a setpoint
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`(SP)” as “operating at least one electric motor to propel the hybrid vehicle when a
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`comparison of the RL to a setpoint (SP) results in a determination that the RL
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`required to do so is less than a SP.” Second, the Board should construe “operating
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`an internal combustion engine of the hybrid vehicle to propel the hybrid vehicle
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`when the RL required to do so is between the SP and a MTO” as “operating an
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`internal combustion engine of the hybrid vehicle to propel the hybrid vehicle when
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`a comparison of the RL to a SP and a MTO results in a determination that the RL
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`required to do so is between the SP and a MTO of the engine.” Third, the Board
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`should construe “operating both the at least one electric motor and the engine to
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`propel the hybrid vehicle when the torque RL required to do so is more than the
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`MTO” as “operating both the at least one electric motor and the engine to propel
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`the hybrid vehicle when a comparison of the RL to a MTO results in a
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`determination that the torque RL required to do so is more than the MTO.”
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`The broadest reasonable interpretation of these limitations requires that the
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`controller (or method of control) employ the motor and/or engine based on a
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`comparison of road load to setpoint and a maximum torque output of the engine.
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`First, the intrinsic evidence of the ’634 patent, including the claims and the
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`specification, makes clear that the invention is directed to a control algorithm for
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`selecting operating modes based on the comparison of road load to SP and MTO.
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`The plain language of the claims makes clear that a comparison of road load to SP
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`and MTO is required. For example, the requirement in the challenged claims of
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`“operating an internal combustion engine of the hybrid vehicle to propel the hybrid
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`vehicle when the RL required to do so is between the SP and a MTO” makes clear
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`to a person of ordinary skill in the art that road load must be compared to SP and
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`MTO—otherwise, the language following the word “when” would be rendered
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`superfluous. See Ex. 2407 at ¶ 36. It is axiomatic that “[c]laims should not be
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`construed so as to render terms redundant or superfluous.” Microsoft Corp. v.
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`Surfcast, Inc., IPR2013-00292, IPR2013-00293, IPR2013-00294, IPR2013-00295,
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`Paper No. 93 at 11-12 (PTAB Oct. 14, 2014) (citing Bicon, Inc. v. Straumann Co.,
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`441 F.3d 945, 950 (Fed. Cir. 2006) (“[C]laims are interpreted with an eye toward
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`giving effect to all terms in the claim.”)); see also Merck & Co. v. Teva Pharm.
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`USA, Inc., 395 F.3d 1364, 1372 (Fed. Cir. 2005) (“A claim construction that gives
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`meaning to all the terms of the claim is preferred over one that does not do so.”).
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`In other words, the term “when” must be understood to have causative effect. To
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`interpret the challenged claims to require mere coincidence would be a
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`construction “divorced from the specification and the record evidence” and
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`inconsistent with “the one that those skilled in the art would reach.” Microsoft
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`Corp. v. Proxyconn, Inc., 789 F.3d 1292, 1298 (Fed. Cir. 2015) (quoting In re
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`NTP, Inc., 654 F.3d 1279, 1288 (Fed. Cir. 2011).
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`Next, the specification of the ’634 patent specifically describes a control
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`algorithm, depicted in Fig. 9, that selects operating modes by comparing road load
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`to SP and MTO. See Ex. 1450 at Fig. 9; col. 41:59-62 (“FIG. 9 thus shows the
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`main decision points of the control program run by the microprocessor, with the
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`transition point between mode I, low-speed operation, and mode IV highway
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`cruising, set at a road load equal to 30% of MTO”); see also id. at 40:41-44 (“For
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`example, in the example of the inventive control strategy discussed above, it is
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`repeatedly stated that the transition from low-speed operation to highway cruising
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`occurs when road load is equal to 30% of MTO.”); id. at 41:4-8; id. at 41:30-33.
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`Indeed, this Board has previously recognized that the microprocessor of the
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`claimed invention compares road load to setpoint. See Inst. Dec. at 3 (“The
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`microprocessor compares the vehicle’s torque requirements and the engine’s
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`torque output against a predefined setpoint and uses the results of the comparison
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`to control the vehicle’s mode of operation, e.g., straight-electric, engine-only, or
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`hybrid.” (citing Ex. 1450 at 40:16-49)).
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`Even Ford appears to concede that the claims of the ’634 patent require a
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`comparison of road load to setpoint and MTO. For example, Ford explains:
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`All claims recite a “setpoint” or “SP” value being compared to either:
`(1) an engine torque value (e.g., claim 1); or (2) a torque-based “road
`load” value (e.g., claim 33). No claims recite a “setpoint” or “SP” in
`comparison to any other system variable. Likewise, the specification
`says “the microprocessor tests sensed and calculated values for system
`variables, such as the vehicle’s instantaneous torque requirement, i.e.,
`the ‘road load’ RL . . . against setpoints, and uses the results of the
`comparisons to control the mode of vehicle operation.” (’634 Patent,
`Ex. 1450, 40:16-26, emphasis added.) To do so (e.g., whether “RL <
`SP”), the “setpoint” would have to be in the same measurement units
`as the “road load.”
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`Pet. at 10 (emphasis added). Yet despite these admissions, Ford’s Petition makes
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`clear that it chose to ignore the comparison and causation requirements. Ford first
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`ignores the comparison between road load and setpoint, stating only that a torque
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`value (which Ford equates to a setpoint) would be “known” at each vehicle speed
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`along Ibaraki ’882’s power threshold and that the torque component of the
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`“required drive power” may be above or below that threshold. See, e.g., Pet. at 21.
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`Likewise, Ford does not identify a comparison between road load and MTO,
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`merely stating that Ibaraki ’882 operates in an “ENGINE-MOTOR DRIVE mode”
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`at “vehicle drive torques above the IC engine’s MTO.” Id. at 28. By ignoring the
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`comparison and causation requirements, Ford has essentially construed the claims
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`to capture any control system where a torque value happens to be above/below a
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`threshold irrespective of the criteria used by the control system. Such an
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`interpretation of the claims is unreasonably broad and should be rejected.
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`Therefore, for the reasons expressed above, for purposes of this IPR, the
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`Board should: (1) construe “operating at least one electric motor to propel the
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`hybrid vehicle when the RL required to do so is less than a setpoint (SP)” as
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`“operating at least one electric motor to propel the hybrid vehicle when a
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`comparison of the RL to a setpoint (SP) in a determination that the RL required to
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`do so is less than a SP,” (2) construe “operating an internal combustion engine of
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`the hybrid vehicle to propel the hybrid vehicle when the RL required to do so is
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`between the SP and a MTO” as “operating an internal combustion engine of the
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`hybrid vehicle to propel the hybrid vehicle when a comparison of the RL to a SP
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`and a MTO results in a determination that the RL required to do so is between the
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`SP and a MTO of the engine,” and (3) construe “operating both the at least one
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`electric motor and the engine to propel the hybrid vehicle when the torque RL
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`required to do so is more than the MTO” as “operating both the at least one electric
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`motor and the engine to propel the hybrid vehicle when a comparison