Page 1
`
` UNITED STATES
`
` PATENT AND TRADEMARK OFFICE
`
` _____
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` _____
`
` FORD MOTOR COMPANY,
`
` Petitioner,
`
` vs. US Patent No. 7,104,347
`
` IPR Case No.: IPR2014-00571
`
` PAICE LLC & ABELL
`
` FOUNDATION, INC.,
`
` Patent Owner.
`
` __________________________/
`
` DEPOSITION OF GREGORY W. DAVIS, Ph.D.
`
` Southfield, Michigan
`
` May 8, 2015
`
`Reported by:
`
`Paula S. Raskin, CSR-4757
`
`Job no: 14127B
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
` 1
`
`PAICE 2210
`Ford v. Paice & Abell
`IPR2015-00792
`
`
`
` UNITED STATES
`
` PATENT AND TRADEMARK OFFICE
`
` _____
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` _____
`
` FORD MOTOR COMPANY,
`
` Petitioner,
`
` vs. US Patent No. 7,104,347
`
` IPR Case No.: IPR2014-00571
`
` PAICE LLC & ABELL
`
` FOUNDATION, INC.,
`
` Patent Owner.
`
` __________________________/
`
` DEPOSITION OF GREGORY W. DAVIS, Ph.D.
`
` Southfield, Michigan
`
` May 8, 2015
`
`Reported by:
`
`Paula S. Raskin, CSR-4757
`
`Job no: 14127B
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
` 1
`
`PAICE 2210
`Ford v. Paice & Abell
`IPR2015-00792
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Page 2
`
`
`
`
`
`
`
` DEPOSITION OF GREGORY W. DAVIS, Ph.D., taken on
`
` May 8, 2015 by the Plaintiffs at the Law
`
` Offices of Brooks Kushman, 1000 Town Center,
`
` Floor 22, Southfield, Michigan, before Paula S.
`
` Raskin, Certified Shorthand Reporter and Notary
`
` Public in and for the State of Michigan, County
`
` of Oakland.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`2
`
`
`
`Page 3
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` A P P E A R A N C E S:
`
`
`
` FOR THE PETITIONER:
`
`
`
` BROOKS KUSHMAN, PC
`
` BY: JOHN P. RONDINI, ESQ.
`
` FRANK A. ANGILERI, ESQ.
`
` 1000 Town Center, Floor 22
`
` Southfield, Michigan 48075
`
` (248) 358-4400
`
` jrondini@brookskushman.com
`
` fangileri@brookskushman.com
`
`
`
` FOR THE PATENT OWNER:
`
`
`
` FISH & RICHARDSON
`
` BY: PETER GUARNIERI, ESQ.
`
` BRIAN J. LIVEDALEN, ESQ.
`
` 1425 K Street NW, 11th Floor
`
` Washington, DC 20005
`
` (202) 783-5070
`
` guarnieri@fr.com
`
` livedalen@fr.com
`
`
`
`
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`3
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Page 4
`
` INDEX TO EXAMINATIONS
`
`
`
` Witness Page
`
` GREGORY W. DAVIS, Ph.D.
`
` EXAMINATION BY MR. LIVEDALEN: 6
`
`
`
` INDEX TO EXHIBITS
`
`
`
` Exhibit Page
`
` (Exhibits attached to transcript.)
`
`
`
` EXHIBIT 1 - Reply Declaration of 7
`
` Dr. Gregory W. Davis
`
` EXHIBIT 2 - US Patent 5,343,970 12
`
` EXHIBIT 3 - Declaration of Dr. Gregory W. Davis 41
`
` in Support of Inter Partes Review -
`
` Patent No. 7,104,347
`
` EXHIBIT 4 - US Patent No. 7,104,347 B2 72
`
` EXHIBIT 5 - Excerpt - 2013 C-Max Full Hybrid 79
`
` Owners Guide
`
`
`
`
`
`
`
`
`
`
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`4
`
`
`
`Page 5
`
` P R O C E E D I N G S
`
` Southfield, Michigan
`
` May 8, 2015
`
` 12:20 p.m.
`
` * * * *
`
` GREGORY W. DAVIS, Ph.D.,
`
` having been called as a witness herein, was
`
` first duly sworn, examined, and testified as
`
` follows:
`
` MR. LIVEDALEN: Good afternoon, 12:20:02
`
` Dr. Davis. 12:20:03
`
` THE WITNESS: Good afternoon. 12:20:03
`
` MR. LIVEDALEN: Could you please 12:20:04
`
` state your name for the record again? 12:20:05
`
` THE WITNESS: Sure. It's 12:20:07
`
` Dr. Gregory W. Davis. 12:20:09
`
` MR. LIVEDALEN: And you're familiar 12:20:12
`
` with all the rules with regard to 12:20:13
`
` depositions and we don't need to go over 12:20:15
`
` those again? 12:20:16
`
` THE WITNESS: No. I think we're 12:20:17
`
` okay. 12:20:18
`
` MR. LIVEDALEN: Got it. Great. 12:20:19
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`5
`
`
`
`Page 6
`
` EXAMINATION 12:20:19
`
` BY MR. LIVEDALEN: 12:20:19
`
` Q. In your opinion, is power and torque 12:20:24
`
` related? 12:20:27
`
` A. Of course anybody of ordinary skill 12:20:30
`
` in the art would know that power and torque are 12:20:32
`
` related by a simple mathematical relationship. 12:20:35
`
` Q. And what's that relationship? 12:20:38
`
` A. Power equals roughly torque times 12:20:39
`
` speed. 12:20:42
`
` Q. And based on that relationship, do 12:20:43
`
` you agree that it's possible to increase the 12:20:47
`
` power by keeping the torque fixed and 12:20:49
`
` increasing the speed? 12:20:52
`
` MR. RONDINI: Objection, vague. 12:20:53
`
` A. Well, if you use that simple 12:20:58
`
` relationship and you hold the torque constant 12:21:00
`
` and increase the speed, then of course the 12:21:02
`
` power will go up. 12:21:04
`
` Q. Conversely, you agree that if you 12:21:05
`
` fix the power and increase the speed, the 12:21:09
`
` torque would decrease, right? 12:21:12
`
` MR. RONDINI: Objection, vague. 12:21:14
`
` A. I think you're saying that -- if 12:21:15
`
` what you mean is you hold the power constant 12:21:17
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`6
`
`
`
`Page 7
`
` and then increase the rotational speed, the 12:21:20
`
` torque based on that equation would then drop, 12:21:26
`
` decrease. 12:21:30
`
` MR. LIVEDALEN: I'm going to mark 12:21:36
`
` this is Exhibit 1. 12:21:38
`
` (DEPOSITION EXHIBIT 1 MARKED 12:21:39
`
` FOR IDENTIFICATION at 12:21 p.m.) 12:21:39
`
` Q. Dr. Davis, can you please identify 12:22:21
`
` what I've just marked as Exhibit 1. 12:22:22
`
` A. Yes. It appears to be my reply 12:22:27
`
` declaration. 12:22:33
`
` Q. And your reply declaration for what 12:22:33
`
` proceeding? 12:22:36
`
` A. For the IPR, Case Number 12:22:37
`
` IPR2014-00571. 12:22:46
`
` Q. Thank you. And that's your 12:22:47
`
` signature on Page 17? 12:22:49
`
` A. Yes, it is. 12:22:52
`
` Q. Turn with me to Page 6, Paragraph 7. 12:22:53
`
` And you see you're referring to 12:23:36
`
` there what's -- what you call Severinsky '970. 12:23:37
`
` Do you see that? 12:23:43
`
` A. Yes, I do. 12:23:43
`
` Q. And do you agree with me that that's 12:23:45
`
` US Patent Number 5,343,970? 12:23:47
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`7
`
`
`
`Page 8
`
` A. Yes, that seems right. 12:23:54
`
` Q. And so you're fine if we call that 12:23:56
`
` Severinsky '970? 12:24:01
`
` A. That's fine with me. 12:24:02
`
` Q. Would you mind reading this first 12:24:04
`
` sentence into the record, please, in 12:24:06
`
` Paragraph 7? 12:24:07
`
` A. "Severinsky '970 also illustrates 12:24:08
`
` that the accelerator pedal or brake pedal are 12:24:17
`
` inputs to, and used by, the microcontroller as 12:24:20
`
` an indication of operator commands of 12:24:23
`
` acceleration and deceleration that may be used 12:24:27
`
` to determine the load demand of the vehicle. 12:24:30
`
` (See Exhibit 1003 at Column 10, Lines 25 12:24:32
`
` through 43.) This is also illustrated in 12:24:38
`
` Figure 3, annotated below." 12:24:43
`
` And then I have the Figure 3 shown 12:24:45
`
` on Page 6 of 17. 12:24:48
`
` Q. So you state that "...the 12:24:52
`
` microcontroller as an indication of operator 12:24:54
`
` commands of acceleration and deceleration that 12:24:55
`
` may be used to determine the load demand of the 12:24:56
`
` vehicle." 12:24:59
`
` What do you mean by may be used to 12:25:01
`
` determine the load demand of the vehicle? 12:25:07
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`8
`
`
`
`Page 9
`
` (Off the record at 12:25 p.m.) 12:25:07
`
` (Back on the record at 12:25 p.m.) 12:25:08
`
` Q. What do you mean in your sentence in 12:25:10
`
` Paragraph 7 when you say it may be used to 12:25:11
`
` determine the load demand of the vehicle? 12:25:15
`
` A. Just what it says; they may be used 12:25:17
`
` to determine the load demand of the vehicle. 12:25:22
`
` Instantaneous torque required to propel the 12:25:27
`
` vehicle. 12:25:29
`
` Q. Are you saying that it does 12:25:29
`
` determine the load demand of the vehicle or 12:25:30
`
` that it's possible to determine the load demand 12:25:32
`
` of the vehicle? 12:25:34
`
` A. Well, it certainly has to determine 12:25:35
`
` the load demand of the vehicle. That's how you 12:25:37
`
` design a control system for a vehicle. 12:25:40
`
` Q. And what's your basis for that in 12:25:43
`
` the '970 patent? 12:25:46
`
` A. First of all, one of ordinary skill 12:25:48
`
` in the art would understand that, and they 12:25:50
`
` describe -- I'm trying to look at that 12:25:56
`
` particular reference, that cite. 12:25:58
`
` Oops, let me get to the right 12:26:03
`
` patent. 12:26:08
`
` Yeah. For example, if we look at 12:26:24
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`9
`
`
`
`Page 10
`
` that citation that I called out in that report, 12:26:26
`
` clearly they -- for example, if you go down to 12:26:30
`
` Column 10, Line 36 of a portion at least of 12:26:37
`
` that whole quotation: 12:26:41
`
` "If the vehicle then starts to climb 12:26:43
`
` a hill, the motor is used to supplement the 12:26:45
`
` output torque of the engine. Similarly, the 12:26:48
`
` motor can be used to start the engine, e.g. 12:26:52
`
` when accelerating in traffic or the like. The 12:26:55
`
` various modes of operation of the system will 12:26:58
`
` be described below in connection with Figures 4 12:27:00
`
` through 9, after which further details of the 12:27:03
`
` various elements of the system are provided." 12:27:06
`
` Q. So you're reading from -- 12:27:10
`
` A. You know, I probably should have 12:27:12
`
` started at the beginning of the paragraph. 12:27:14
`
` There's more in that paragraph too. 12:27:15
`
` "As will be detailed below -- this 12:27:17
`
` is on Line 26: 12:27:21
`
` "As will be detailed below, the 12:27:22
`
` microprocessor controls the flow of torque 12:27:24
`
` between the motor, the engine and the wheels 12:27:26
`
` responsive to the mode of operation of the 12:27:29
`
` vehicle. For example, when the vehicle's 12:27:31
`
` cruising along the highway, all torque is 12:27:34
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`10
`
`
`
`Page 11
`
` preferably supplied from the engine. However, 12:27:37
`
` when the vehicle starts down a hill and the 12:27:40
`
` operator lifts his foot from the accelerator 12:27:42
`
` pedal, the kinetic energy of the vehicle and 12:27:45
`
` the engine's excess torque may be used to drive 12:27:49
`
` the motor as a generator so as to charge the 12:27:53
`
` batteries." 12:27:58
`
` So he's describing that operation -- 12:27:58
`
` you can see he's describing that operation 12:28:01
`
` based on responding to these various 12:28:04
`
` conditions. The microprocessor is determining 12:28:08
`
` the instantaneous torque required to propel the 12:28:11
`
` vehicle, and it's determining how to apportion 12:28:16
`
` that torque, whether to provide that torque 12:28:19
`
` with the engine, whether to provide that torque 12:28:21
`
` with a combination. 12:28:23
`
` What happens when you climb a hill, 12:28:26
`
` and now your torque -- instantaneous torque 12:28:28
`
` required to propel the vehicle increases, and 12:28:33
`
` so then you could supplement the motor with the 12:28:34
`
` torque of the engine. 12:28:40
`
` In order for this system to function 12:28:42
`
` like that, it's necessarily determining what 12:28:43
`
` the instantaneous torque is that's required to 12:28:48
`
` propel the vehicle. 12:28:52
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`11
`
`
`
`Page 12
`
` MR. LIVEDALEN: Before we go any 12:28:54
`
` further, let me mark US Patent 5,343,970 as 12:28:55
`
` an exhibit. 12:29:01
`
` (DEPOSITION EXHIBIT 2 MARKED 12:29:03
`
` FOR IDENTIFICATION at 12:29 p.m.) 12:29:03
`
` Q. And, Dr. Davis, can you please 12:29:24
`
` identify this Exhibit 2? 12:29:26
`
` A. Yes. It appears to be the '970 12:29:29
`
` Severinsky patent that we've been discussing. 12:29:33
`
` Q. And that was the document from which 12:29:35
`
` you were just reading? 12:29:38
`
` A. Yes. 12:29:38
`
` Q. So in Paragraph 7, how is the 12:30:10
`
` command of acceleration being used to determine 12:30:14
`
` the load demand of the vehicle in Severinsky 12:30:16
`
` '970? 12:30:30
`
` A. I don't know -- I'm not sure I can 12:30:30
`
` answer your question. 12:30:31
`
` Q. Why is that? 12:30:32
`
` A. I don't think you've given me enough 12:30:33
`
` information. 12:30:37
`
` Q. The information I just gave you is 12:30:41
`
` based on your Paragraph 7. 12:30:43
`
` THE WITNESS: Perhaps can you repeat 12:30:50
`
` the question? 12:30:51
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`12
`
`
`
`Page 13
`
` (The following portion of the record 12:31:13
`
` was read by the reporter at 12:31 p.m. 12:31:13
`
` "Q. So in Paragraph 7, how is the 12:30:10
`
` command of acceleration being used to 12:30:14
`
` determine the load demand of the vehicle in 12:30:16
`
` Severinsky '970?") 12:30:24
`
` A. Well, I think you can see that, for 12:31:14
`
` example, if we go back to my Paragraph 5 that 12:31:16
`
` precedes that in that report. 12:31:18
`
` You can see that, you know: 12:31:23
`
` "First, Severinsky '970 discloses 12:31:25
`
` that the microprocessor continually monitors 12:31:29
`
` and discloses using operator input to indicate 12:31:34
`
` a change in power to be applied to the wheels. 12:31:35
`
` A person having ordinary skill in the art 12:31:37
`
` understands torque is related to power by speed 12:31:39
`
` (i.e., power equals torque times speed). Thus, 12:31:43
`
` the operator's input indicating a change in 12:31:46
`
` power is related to the torque that should be 12:31:48
`
` applied to the wheels." 12:31:50
`
` And then I call out a specific 12:31:52
`
` quotation from the '970 patent at Column 13, 12:31:54
`
` Line 16 through 29, and I say -- or the patent 12:31:58
`
` says: 12:32:03
`
` "The operator input devices 70 may 12:32:04
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`13
`
`
`
`Page 14
`
` include accelerator and brake pedals, 12:32:08
`
` directional control switches and the like. 12:32:11
`
` Pressure on the accelerator pedal indicates to 12:32:13
`
` the microprocessor that more power is required; 12:32:16
`
` pressure on the brake causes the microprocessor 12:32:20
`
` to initiate regenerative braking, as discussed 12:32:29
`
` below." 12:32:33
`
` And then dot, dot, dot: 12:32:33
`
` "In general, it is an object of the 12:32:38
`
` invention to provide a hybrid vehicle that is 12:32:40
`
` 'user transparent'; that is, requiring no more 12:32:44
`
` operator knowledge or training than does a 12:32:49
`
` conventional vehicle." 12:32:51
`
` And so, again, what he's looking at 12:32:54
`
` is he's looking at the position of the 12:32:57
`
` accelerator pedal as an indication of 12:33:01
`
` increased -- as he said, more power is 12:33:05
`
` required, and so it's using the accelerator 12:33:11
`
` pedal to indicate the instantaneous -- at that 12:33:14
`
` point at least, instantaneous power required to 12:33:19
`
` propel the vehicle. 12:33:24
`
` It's also further using the brake 12:33:27
`
` pedal as an indication that the instantaneous 12:33:31
`
` power required to the vehicle is going to be 12:33:37
`
` decreased. 12:33:42
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`14
`
`
`
`Page 15
`
` Q. And where does Severinsky '970 state 12:33:43
`
` that the instantaneous power is going to be 12:33:46
`
` converted into the instantaneous torque 12:33:54
`
` required to propel the vehicle? 12:33:59
`
` A. Again, if you look at the discussion 12:33:59
`
` we talked about -- for example, if you look at 12:34:01
`
` Column 10, Line 52 through Column 11, Line 6, 12:34:04
`
` as I call out in Paragraph 8 on that reply 12:34:10
`
` declaration, if you look at that, it starts 12:34:14
`
` out: 12:34:19
`
` "Figure 4 illustrates operation in 12:34:24
`
` low speed circumstances, e.g. in city traffic 12:34:26
`
` or reversing. As noted, the parallel hybrid 12:34:30
`
` vehicle drive system according to the present 12:34:34
`
` invention includes an electric motor 20 powered 12:34:37
`
` by energy stored in a relatively large, 12:34:41
`
` high-voltage battery pack 22. Energy flows 12:34:44
`
` from battery 22 to motor 20 as indicated by a 12:34:47
`
` dot-dash line shown at 24. The electric motor 12:34:51
`
` 20 provides torque, shown as a dashed line 25, 12:34:56
`
` transmitted from the motor output shaft 26 12:35:01
`
` through a torque transfer unit 28 and a drive 12:35:04
`
` shaft 30 to a conventional differential 32 and 12:35:08
`
` then to wheels 34 of the vehicle. Thus 12:35:13
`
` Figure 4 indicates that the flow of energy in 12:35:15
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`15
`
`
`
`Page 16
`
` heavy traffic or for reversing is simply from 12:35:18
`
` battery 22 to electric motor 20; torque flows 12:35:21
`
` from the motor 20 to the wheels 34. Under 12:35:25
`
` these circumstances, electric motor 20 provides 12:35:30
`
` all of the torque needed to move the vehicle. 12:35:32
`
` Other combinations of torque and energy flow 12:35:35
`
` required under other circumstances are detailed 12:35:38
`
` below in connection with Figures 5 through 9. 12:35:41
`
` For example, if the operator continues to 12:35:45
`
` command acceleration, an acceleration/hill 12:35:48
`
` climbing mode illustrated in Figure 6 may be 12:35:52
`
` entered, followed by a highway cruising mode 12:35:55
`
` illustrated in Figure 5." 12:35:58
`
` So the microprocessor is clearly 12:36:00
`
` determining the torque required to propel the 12:36:04
`
` vehicle in order to control the -- for example, 12:36:07
`
` in electric mode, the electric motor to provide 12:36:12
`
` all of the torque needed to move the vehicle. 12:36:16
`
` It couldn't control that electric 12:36:16
`
` motor if it wasn't first determining what the 12:36:19
`
` torque was required to propel the vehicle or 12:36:21
`
` move the vehicle. 12:36:24
`
` Q. How about for an engine? Is it 12:36:34
`
` possible for a vehicle to operate an engine 12:36:36
`
` without knowing the instantaneous torque 12:36:42
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`16
`
`
`
`Page 17
`
` required to propel the vehicle? 12:36:47
`
` MR. RONDINI: Objection, vague. 12:36:47
`
` A. I'm not sure I understand your 12:36:55
`
` question. 12:36:56
`
` Q. All right. Take a conventional 12:36:59
`
` vehicle. You understand what that is? 12:37:01
`
` A. So by conventional you mean not a 12:37:02
`
` hybrid. 12:37:05
`
` Q. Yeah. 12:37:07
`
` A. Okay. 12:37:08
`
` Q. A conventional vehicle has an 12:37:09
`
` engine, correct? 12:37:11
`
` A. Correct. 12:37:12
`
` Q. My question is, can that 12:37:12
`
` conventional vehicle operate the engine without 12:37:15
`
` knowing the instantaneous torque required to 12:37:18
`
` propel the vehicle? 12:37:22
`
` MR. RONDINI: Objection, vague. 12:37:22
`
` A. It depends. 12:37:25
`
` Q. On what? 12:37:27
`
` A. It depends on how simple the control 12:37:27
`
` system is of the vehicle. It depends on, you 12:37:30
`
` know, whether it's an older vehicle or a newer 12:37:37
`
` vehicle. 12:37:39
`
` The driver controls through the 12:37:40
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`17
`
`
`
`Page 18
`
` accelerator pedal and the brake. It gives the 12:37:47
`
` vehicle the indication of the torque required 12:37:49
`
` for propulsion. 12:37:53
`
` Now, it may be a rough estimate in 12:37:56
`
` the case of let's say a carbureted engine, a 12:37:59
`
` much older vehicle, but the driver, by 12:38:02
`
` commanding changes in the pedal, is providing 12:38:05
`
` the feedback to the torque required to propel 12:38:08
`
` the system. So using the driver -- and that's 12:38:11
`
` why, as Severinsky in the '970 understood, the 12:38:15
`
` driver's an integral element in this whole 12:38:19
`
` system because the driver is providing that 12:38:21
`
` feedback. 12:38:23
`
` Q. So just to be clear, so you were 12:38:50
`
` discussing or you mentioned older vehicles. Is 12:38:56
`
` it your opinion that older vehicles do or do 12:39:00
`
` not determine instantaneous torque required to 12:39:03
`
` propel the vehicle? 12:39:06
`
` MR. RONDINI: Objection, vague, 12:39:06
`
` incomplete hypothetical. 12:39:09
`
` A. I'm not sure I understand what you 12:39:10
`
` mean by that. 12:39:12
`
` Q. Let me reask my own question. 12:39:14
`
` Is it necessary to control an 12:39:17
`
` engine -- in conventional vehicles, is it 12:39:19
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`18
`
`
`
`Page 19
`
` necessary to know the instantaneous torque 12:39:25
`
` required to propel the vehicle? 12:39:28
`
` MR. RONDINI: Objection, vague. 12:39:28
`
` A. Yeah, I -- I'm not sure I can really 12:39:36
`
` understand what you're asking me there, I 12:39:43
`
` guess. Maybe I'm just missing the point. 12:39:47
`
` Q. For a conventional vehicle, if that 12:39:53
`
` conventional vehicle wanted to operate the 12:39:57
`
` engine, is it required that it determine the 12:40:00
`
` instantaneous torque required to propel the 12:40:04
`
` vehicle? 12:40:11
`
` A. Again, it depends a lot on the 12:40:11
`
` circumstances and design of the system. 12:40:13
`
` I just gave you an example of an 12:40:14
`
` older vehicle, in which case the instantaneous 12:40:16
`
` torque required to propel the vehicle, at least 12:40:23
`
` when let's say climbing a hill or accelerating 12:40:23
`
` or driving down the road, is provided by the 12:40:26
`
` driver's commanded accelerator pedal position 12:40:30
`
` and then communicated directly to the engine to 12:40:35
`
` meet that request. 12:40:38
`
` And the driver of course provides 12:40:40
`
` the feedback to that system, because if the 12:40:42
`
` engine isn't providing enough torque which is 12:40:45
`
` required to propel the vehicle, then the driver 12:40:49
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`19
`
`
`
`Page 20
`
` would simply press down further on the 12:40:52
`
` accelerator pedal, indicating a desire for more 12:40:55
`
` torque output from the engine to meet the 12:40:59
`
` instantaneous torque requirement of the 12:41:02
`
` vehicle. 12:41:04
`
` That's a simple bold system. In 12:41:05
`
` modern systems, we're using drive-by-wire 12:41:11
`
` technology, in which case there is no physical 12:41:14
`
` connection between the accelerator pedal 12:41:17
`
` directly to the engine. 12:41:19
`
` An accelerator pedal simply provides 12:41:20
`
` an input to the controller for the vehicle, and 12:41:22
`
` it -- the controller then makes the 12:41:26
`
` determination of how to operate the vehicle in 12:41:29
`
` order to provide the instantaneous torque 12:41:33
`
` required to propel the vehicle. 12:41:37
`
` So there again the driver is 12:41:38
`
` providing the signal by way of the accelerator 12:41:40
`
` pedal or the brake pedal. The microprocessor 12:41:44
`
` in that conventional vehicle is then making 12:41:47
`
` calculations based upon those signals in order 12:41:50
`
` to control the engine to properly meet the 12:41:53
`
` demanded instantaneous torque required to 12:41:58
`
` propel the vehicle. 12:42:03
`
` Q. Thank you. What type of 12:42:03
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`20
`
`
`
`Page 21
`
` calculations were you just referring to? 12:42:06
`
` A. The -- it's trying to determine what 12:42:09
`
` the instantaneous load or torque requirements 12:42:13
`
` are to propel that vehicle based on those 12:42:17
`
` signals, and then it controls the engine in 12:42:20
`
` order to try and achieve that output. 12:42:22
`
` Q. And those signals you're referring 12:42:25
`
` to, that's just the accelerator pedal position? 12:42:26
`
` A. No. You're looking at accelerator 12:42:28
`
` pedal position; you're looking at brake pedal; 12:42:32
`
` looking at, you know, a -- you know, lots of 12:42:37
`
` additional factors to provide more refined 12:42:40
`
` control. But you're certainly looking at these 12:42:46
`
` pedal positions as a base indicator of the 12:42:49
`
` desired instantaneous torque required
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
