UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`VOLKSWAGEN GROUP OF AMERICA, INC.
`Petitioner,
`v.
`JOAO CONTROL & MONITORING SYSTEMS, LLC
`Patent Owner
`________________
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`Case IPR2015-01611
`Patent 6,549,130
`________________
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`PRELIMINARY RESPONSE OF PATENT OWNER
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`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`VOLKSWAGEN GROUP OF AMERICA, INC.
`Petitioner,
`v.
`JOAO CONTROL & MONITORING SYSTEMS, LLC
`Patent Owner
`________________
`
`Case IPR2015-01611
`Patent 6,549,130
`________________
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`
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`PRELIMINARY RESPONSE OF PATENT OWNER
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`Preliminary Response of Patent Owner
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`Case IPR2015-01611
`Patent 6,549,130
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`TABLE OF CONTENTS
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`Page
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`I. INTRODUCTION ............................................................................................... 1
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`II. BACKGROUND ................................................................................................ 2
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` A. Overview of the ‘130 Patent .......................................................................... 2
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` B. Prosecution History of the ‘130 Patent .......................................................... 3
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` C. Petition Overview .......................................................................................... 4
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`III. CLAIM CONSTRUCTION ............................................................................. 13
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` A. Legal Standards ............................................................................................ 13
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` B. Petitioner has Failed to Submit claim Constructions for Key Terms
` Supporting its Invalidity Arguments ........................................................... 15
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` C. “control device” ........................................................................................... 20
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` 1. Each “control device” is separate and distinct from the claimed vehicle
` systems being controlled .......................................................................... 21
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` D. “remote” ....................................................................................................... 23
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` F. “located at” ................................................................................................... 24
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`IV. THE PROPOSED GROUNDS FAIL TO MEET THE BURDEN OF
` SHOWING A REASONABLE LIKELIHOOD OF PREVAILING ............... 25
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` A. Ground 1 ...................................................................................................... 25
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` 1. Kniffen fails to teach the “first control device” of claims 26 and 48,
` and the “third control device” of claims 42, 91 and 138 ........................ 26
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` 2. Patent Owner overcame an anticipation rejection based on Kniffen in
` Reexamination Control No. 90/013,301 (the “‘301 Reexamination”) ... 35
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` B. Ground 2 ...................................................................................................... 37
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` C. Ground 3 ...................................................................................................... 37
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` C. Ground 4 ...................................................................................................... 37
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` E. Ground 5 ....................................................................................................... 38
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`VII. CONCLUSION .............................................................................................. 38
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`LIST OF EXHIBITS
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`Case IPR2015-01611
`Patent 6,549,130
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`Exhibit
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`EX2001
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`EX2002
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`Description
`“Preliminary Remarks” filed by Applicant on November 26, 2006
`during prosecution of the patent application that issued as related U.S.
`Patent No. 7,277,010
`“Supplement to the Remarks for the Amendment filed on October 24,
`2007” filed on November 23, 2007 during prosecution of the patent
`application that issued as related U.S. Patent No. 7,397,363
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`iii iii
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`I.
`INTRODUCTION
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`Patent Owner Joao Control & Monitoring Systems, LLC (“JCMS”)
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`respectfully submits this Preliminary Response of Patent Owner (“Preliminary
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`Response”) in accordance with 35 U.S.C. § 313 and 37 C.F.R. § 42.107. This
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`Preliminary Response responds to the Petition for Inter Partes Review
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`(“Petition”) filed by Petitioner regarding claims 26, 31, 38, 42, 43, 48, 60, 63, 64,
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`73, 74, 85, 91, 92, 138, 139 and 143 (“Challenged claims”) of U.S. Patent No.
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`6,549,130 (“the ‘130 Patent”).
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`This Preliminary Response is timely filed under 35 U.S.C. § 313 and 37
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`C.F.R. § 42.107, as it is filed within three months of the August 3, 2015 date of
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`the Notice of Filing Date Accorded to Petition and Time for Filing Patent Owner
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`Preliminary Response (Paper No. 3).
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`JCMS requests that the Board not institute an inter partes review (“IPR”)
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`because Petitioner has failed to demonstrate a reasonable likelihood of prevailing
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`with respect to any of the Challenged claims, thereby failing to meet the
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`threshold for institution under 35 U.S.C. § 314(a).
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`The five proposed grounds of rejection are substantively flawed, in that
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`none of the cited references teach important properly construed claim limitations.
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`Petitioner’s expert, Mr. Scott Andrews, makes statements and opines on
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`issues related to: (1) the state of the art at the time of the invention; (2) the prior
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`art used in Petitioner’s grounds of rejection; and (3) how the prior art renders the
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`claims invalid. However, Petitioner has failed to propose claim constructions for
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`certain key terms in the claims that support Mr. Andrews’ opinions, and that
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`support Petitioner’s invalidity arguments. As such, Mr. Andrews’ analysis and
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`declaration is fundamentally flawed and should be given no weight.
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`Petitioner’s failure to construe certain key terms renders an evaluation of
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`the merits of Petitioner’s invalidity arguments impossible. This failure alone is
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`sufficient reason to deny institution of inter partes review.
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`In the end, the Petition is materially deficient and fails to set forth
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`sufficient evidence that Petitioner has a reasonable likelihood of prevailing with
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`respect to any of the Challenged claims, as required under 35 U.S.C. § 314(a).
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`JCMS respectfully submits that the Board should conserve resources by declining
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`to institute this meritless proceeding.
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`II. BACKGROUND
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`A. Overview of the ‘130 Patent
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`The ‘130 Patent is directed to a novel and unconventional system for, inter
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`alia, remotely-controlling and/or monitoring systems located at vehicles and
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`premises. EX1001 at 23. The Challenged claims are directed to a specially
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`assembled and programmed distributed control system for vehicles, wherein
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`control functions for a vehicle or for a vehicle system, vehicle component,
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`vehicle device, vehicle equipment, vehicle equipment system, or vehicle
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`appliance, of a vehicle, can be distributed among three separate and distinct
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`control devices, each of which can generate or transmit a separate and distinct
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`signal in order to control a separate fourth device of or at the vehicle, which is the
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`respective vehicle system, vehicle component, vehicle device, vehicle equipment,
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`vehicle equipment system, or vehicle appliance.
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`A separate
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`interface device can be optionally used
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`to facilitate
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`communications between one of the control devices and the separate fourth
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`device of or at the vehicle, which is the respective vehicle system, vehicle
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`component, vehicle device, vehicle equipment, vehicle equipment system, or
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`vehicle appliance.
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`B.
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`Prosecution History of the ‘130 Patent
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`The patent application that issued as the ‘130 Patent was filed on March
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`29, 1999. EX1001. The ‘130 Patent issued on April 15, 2003. Id.
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`During prosecution of related U.S. Patent Application Nos. 7,397,363 and
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`7,277,010 (hereinafter “the ‘363 Patent” and “the ‘010 Patent,” respectively), the
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`Applicant chose to be his own lexicographer and provided explicit definitions for,
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`inter alia, the terms “control device,” “remote,” and “located at” in “Preliminary
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`Remarks” filed by Applicant on November 26, 2006 during prosecution of the
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`patent application that issued as the ‘010 Patent (see EX2001, hereinafter
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`“Preliminary Remarks”) and in “Supplement to the Remarks for the Amendment
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`filed on October 24, 2007” filed on November 23, 2007 during prosecution of the
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`patent application that issued as the ‘363 Patent (see EX2002, hereinafter “First
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`Remarks”).
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`C.
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`Petition Overview
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`Petitioner has proposed five grounds of invalidity and relies on the
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`following four references:
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`1.
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`2.
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`3.
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`U.S. Patent No. 6,072,402 to Kniffin (“Kniffin”);
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`U.S. Patent No. 5,113,427 to Ryoichi (“Ryoichi”);
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`U.S. Patent No. 5,081,667 to Drori (“Drori”); and
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`4.
`U.S. Patent No. 4,602,127 to Neely (“Neely”).
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`The table below summarizes Petitioner’s grounds of invalidity.
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`Ground
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`1
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`2
`3
`4
`5
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`claims
`26, 38, 42, 43,
`48, 63, 73, 74,
`91 and 138
`64, 85 and 92
`31
`60 and 139
`143
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`Proposed Rejections
`anticipated by Kniffen
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`obvious in view of Kniffen
`obvious in view of Kniffen and Ryoichi
`obvious in view of Kniffen and Drori
`obvious in view of Kniffen and Neely
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`claims 26, 42, 48, 91 and 138 are independent claims. They are reproduced
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`below:
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`26. A control apparatus, comprising:
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`a first control device, wherein the first control device at least one of
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`generates and transmits a first signal for at least one of activating, de-activating,
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`disabling, and re-enabling, at least one of a vehicle system, a vehicle component,
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`a vehicle device, a vehicle equipment, a vehicle equipment system, and a vehicle
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`appliance, of a vehicle, wherein the first control device is located at the vehicle,
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`wherein the first control device is responsive to a second signal, wherein the
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`second signal is at least one of generated by and transmitted from a second
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`control device, wherein the second control device is located at a location which is
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`remote from the vehicle, wherein the second signal is transmitted from the
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`second control device to the first control device, and further wherein the second
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`signal is automatically received by the first control device,
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`wherein the second control device is responsive to a third signal,
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`wherein the third signal is at least one of generated by and transmitted from a
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`third control device, wherein the third control device is located at a location
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`which is remote from the vehicle and remote from the second control device,
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`wherein the third signal is transmitted from the third control device to the second
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`control device, and further wherein the third signal is automatically received by
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`the second control device,
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`wherein the at least one of a vehicle system, a vehicle component, a
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`vehicle device, a vehicle equipment, a vehicle equipment system, and a vehicle
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`appliance, is at least one of a vehicle ignition system, a vehicle fuel pump system,
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`a vehicle alarm system, a vehicle door locking device, a vehicle hood locking
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`device, a vehicle trunk locking device, a wheel locking device, a brake locking
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`device, a horn, a vehicle light, a vehicle lighting system, a refrigerator, an air
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`conditioner, an oven, a vehicle window locking device, a video recording device,
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`an audio recording device, a camera, an intercom device, a microphone, a locking
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`device, a monitoring device for monitoring at least one of fuel supply, water or
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`coolant supply, generator operation, alternator operation, battery charge level,
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`and engine temperature, fire extinguishing equipment, radar equipment, hydraulic
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`equipment, pneumatic equipment, a winch, a self-defense system, a weapon
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`system, a gun, an electronic warfare system, a pumping device, sonar equipment,
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`a locking device for preventing unauthorized access to a vehicle compartment,
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`and landing gear.
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`42. A method for providing control, comprising:
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`transmitting a first signal from a first control device to a second
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`control device, wherein the first control device is located at a location remote
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`from a vehicle and remote from the second control device, and further wherein
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`the first signal is automatically received by the second control device;
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`transmitting a second signal from the second control device to a
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`third control device, wherein the third control device is located at the vehicle, and
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`further wherein the second control device is located at a location remote from the
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`vehicle, wherein the second signal is automatically received by the third control
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`devices;
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`generating a third signal with the third control device in response to
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`the second signal; and
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`at least one of activating, de-activating, disabling, and re-enabling, at
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`least one of a vehicle system, a vehicle component, a vehicle device, a vehicle
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`equipment, a vehicle equipment system, and a vehicle appliance, in response to
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`the third signal,
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`wherein the at least one of a vehicle system, a vehicle component, a
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`vehicle device, a vehicle equipment, a vehicle equipment system, and a vehicle
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`appliance, is at least one of a vehicle ignition system, a vehicle fuel pump system,
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`a vehicle alarm system, a vehicle door locking device, a vehicle hood locking
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`device, a vehicle trunk locking device, a wheel locking device, a brake locking
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`device, a horn, a vehicle light, a vehicle lighting system, a refrigerator, an air
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`conditioner, an oven, a vehicle window locking device, a video recording device,
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`an audio recording device, a camera, an intercom device, a microphone, a locking
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`device, a monitoring device for monitoring at least one of fuel supply, water or
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`coolant supply, generator operation, alternator operation, battery charge level,
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`and engine temperature, fire extinguishing equipment, radar equipment, hydraulic
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`equipment, pneumatic equipment, a winch, a self-defense system, a weapon
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`system, a gun, an electronic warfare system, a pumping device, sonar equipment,
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`a locking device for preventing unauthorized access to a vehicle compartment,
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`and landing gear.
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`48. A control apparatus, comprising:
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`a first control device, wherein the first control device is capable of at
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`least one of activating, de-activating, disabling, and re-enabling, one or more of a
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`plurality of at least one of a vehicle system, a vehicle component, a vehicle
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`device, a vehicle equipment, a vehicle equipment system, and a vehicle
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`appliance, of a vehicle, wherein the first control device at least one of generates
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`and transmits a first signal for at least one of activating, de-activating, disabling,
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`and re-enabling, the at least one of a vehicle system, a vehicle component, a
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`vehicle device, a vehicle equipment, a vehicle equipment system, and a vehicle
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`appliance, wherein the first control device is located at the vehicle, and further
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`wherein the first control device is responsive to a second signal, wherein the
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`second signal is at least one of generated by and transmitted from a second
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`control device,
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`wherein the second control device is located at a location which is
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`remote from the vehicle, and wherein the second signal is transmitted from the
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`second control device to the first control device, and further wherein the second
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`signal is automatically received by the first control device,
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`wherein the second control device is responsive to a third signal,
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`wherein the third signal is at least one of generated by and transmitted from a
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`third control device, wherein the third control device is located at a location
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`which is remote from the vehicle and remote from the second control device,
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`wherein the third signal is transmitted from the third control device to the second
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`control device, and further wherein the third signal is automatically received by
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`the second control device.
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`91. A control apparatus, comprising:
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`a first control device, wherein the first control device at least one of
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`generates and transmits a first signal for at least one of activating, de-activating,
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`disabling, and re-enabling, at least one of a vehicle system, a vehicle component,
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`a vehicle device, a vehicle equipment, a vehicle equipment system, and a vehicle
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`appliance, of a vehicle, wherein the first control device is located at a location
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`remote from the vehicle, and further wherein the first control device is responsive
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`to a second signal,
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`wherein the second signal is at least one of generated by and
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`transmitted from a second control device, wherein the second control device is
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`located at a location which is remote from the first control device and remote
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`from the vehicle, wherein the second signal is transmitted from the second
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`control device to the first control device, and further wherein the second signal is
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`automatically received by the first control device,
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`wherein the first signal is transmitted from the first control device to
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`a third control device, wherein the third control device is capable of at least one
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`of activating, de-activating, disabling, and re-enabling, one or more of a plurality
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`of the at least one of a vehicle system, a vehicle component, a vehicle device, a
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`vehicle equipment, a vehicle equipment system, and a vehicle appliance, and
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`wherein the third control device is located at the vehicle, and further wherein the
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`first signal is automatically received by the third control device, wherein the third
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`control device at least one of generates and transmits a third signal for at least
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`one of activating, de-activating, disabling, and re-enabling, the at least one of a
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`vehicle system, a vehicle component, a vehicle device, a vehicle equipment, a
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`vehicle equipment system, and a vehicle appliance.
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`138. A method for providing control, comprising:
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`transmitting a first signal from a first control device to a second
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`control device, wherein the first control device is located at a location remote
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`from a vehicle and remote from the second control device, and further wherein
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`the first signal is automatically received by the second control device;
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`transmitting a second signal from the second control device to a
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`third control device, wherein the third control device is located et the vehicle, and
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`further wherein the second control device is located at a location remote from the
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`vehicle, wherein the second signal is automatically received by the third control
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`device, and further wherein the third control device is capable of at least one of
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`activating, deactivating, disabling, and re-enabling, one or more of a plurality of
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`at least one of a vehicle system, a vehicle component, a vehicle device, a vehicle
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`equipment, a vehicle equipment system, and a vehicle appliance;
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`generating a third signal with the third control device in response to
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`the second signal; and
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`at least one of activating, de-activating, disabling, and re-enabling,
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`the at least one of a vehicle system, a vehicle component, a vehicle device, a
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`vehicle equipment, a vehicle equipment system, and a vehicle appliance.
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`III. CLAIM CONSTRUCTION
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`Legal Standards
`A.
`The ‘130 Patent is expired. Claim terms in an expired patent are generally
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`given their ordinary and customary meaning” as understood by a person of
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`ordinary skill in the art in question at the time of the invention. Phillips v. AWH
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`Corp., 415 F.3d 1303,1327 (Fed. Cir. 2005). However, it is important to note that
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`the Manual of Patent Examining Procedure (MPEP) and controlling case law
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`make it clear that the determination of the ordinary and customary meaning of a
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`term or phrase does not occur in a vacuum, but instead it must be made in light of
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`the patent’s specification and the intrinsic evidence. MPEP §2111.01 is clear and
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`unequivocal on this point. The pertinent portion of the MPEP §2111.01 recites:
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`The ordinary and customary meaning of a term may be
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`evidenced by a variety of sources, including “the words
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`of
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`the claims
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`themselves,
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`the remainder of
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`the
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`specification, the prosecution history, and extrinsic
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`evidence concerning relevant scientific principles, the
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`meaning of technical terms, and the state of the art.”
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`Phillips v. AWH Corp., 415 F.3d at 1314, 75 USPQ2d
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`at 1327. If extrinsic reference sources, such as
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`dictionaries, evidence more than one definition for the
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`term, the intrinsic record must be consulted to identify
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`which of the different possible definitions is most
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`consistent with Applicant’s use of the terms. Brookhill-
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`Wilk 1, 334 F.3d at 1300, 67 USPQ2d at 1137; see also
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`Renishaw PLC v. Marposs Societa' per Azioni, 158
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`F.3d 1243, 1250, 48 USPQ2d 1117, 1122 (Fed. Cir.
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`1998) (“Where there are several common meanings for
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`a claim term, the patent disclosure serves to point away
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`from the improper meanings and toward the proper
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`meanings.”) and Vitronics Corp. v. Conceptronic Inc.,
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`90 F.3d 1576, 1583, 39 USPQ2d 1573, 1577 (Fed. Cir.
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`1996) (construing the term “solder reflow temperature”
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`to mean “peak reflow temperature” of solder rather than
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`the “liquidus temperature” of solder in order to remain
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`consistent with the specification.). (Emphasis added).
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`“[A] patentee may choose to be his own lexicographer” and assign special
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`definitions to the words in the claim, as long as those definitions are clearly
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`stated in the patent specification or file history. Vitronics Corp. v. Conceptronic,
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`Inc., 90 F.3d 1576, 1582 (Fed. Cir. 1996) (citing Hoechst Celanese Corp. v. BP
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`Chems. Ltd., 78 F.3d 1575, 1578 (Fed. Cir. 1996)). Therefore, “it is always
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`necessary to review the specification to determine whether the inventor has used
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`any terms in a manner inconsistent with their ordinary meaning. The
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`specification acts as a dictionary when it expressly defines terms used in the
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`claims or when it defines terms by implication.” Id. Because the specification
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`must contain a description sufficient to those of ordinary skill in the art to make
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`and use the invention, the specification “is the single best guide to the meaning of
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`a disputed claim term.” Id.
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`B.
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`Petitioner has Failed to Submit claim Constructions for Key
`Terms Supporting its Invalidity Arguments
`The Board has previously emphasized that if the Petitioner does not
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`explain how the Challenged claims should be construed and how they read on the
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`prior art, then a reasonable likelihood of success is not established:
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`Preliminary Response of Patent Owner
`Patent 6,549,130
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`“It is the Petitioner’s burden to explain how the
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`Challenged claims are to be construed and how they
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`read on the prior art. 37 C.F.R. § 42.104(b)(3)-(5).
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`Petitioner has not done so sufficiently on this record
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`with respect to the limitation of claims 1, 45, 46, and 47
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`requiring a “color changing cycle.” Accordingly,
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`Petitioner has not demonstrated a reasonable likelihood
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`of success in showing the subject matter of claims 1-11,
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`26-34, and 45-47 would have been obvious in view of
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`Wu and Chliwnyj.” Jiawei Technology (HK) LTD. et al
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`v. Simon Nicholas Richmond, IPR2014-00937, Paper 22
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`at 8.
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`Similarly, Petitioner has failed to propose claim constructions for certain
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`key terms in the claims, and thus has failed to provide constructions for key terms
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`that support Mr. Andrews’ opinions, and that support Petitioner’s invalidity
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`arguments. Petitioner’s failure to construe these key terms renders an evaluation
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`of the merits of Petitioner’s invalidity arguments impossible, and thus Petitioner
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`has failed to demonstrate a reasonable likelihood of success in showing that any
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`Preliminary Response of Patent Owner
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`of the claims of the ‘130 Patent are anticipated or obvious in view of the art cited
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`in Grounds 1-5.
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`Below are Patent Owner’s proposed constructions for the following key
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`terms, which Patent Owner submits are necessary to properly evaluate the merits
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`of Petitioner’s invalidity arguments: (1) “control device;” (2) “remote”; and (3)
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`“located at.” As discussed supra, these key terms were defined by the Applicant
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`in the Preliminary Remarks filed by Applicant on November 26, 2006 during
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`prosecution of the patent application that issued as the ‘010 Patent (EX2001) and
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`in the First Remarks filed on November 23, 2007 during prosecution of the patent
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`application that issued as the ‘363 Patent (EX2002). These definitions provided
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`by the Applicant during prosecution of the related ‘010 Patent and ‘363 Patent
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`constitute intrinsic evidence regarding the construction of these key claim terms.
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`Although the submissions were made during prosecution of the ‘363 Patent
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`and the ‘010 Patent, the ‘130 Patent is in the priority chain of the ‘363 and ‘010
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`Patents, and thus all these patents share common grandparent applications
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`(Application Nos. 08/587,628, 08/622,749, 08/489,238 (Patent No. 5,513,244)
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`and 08/073,755). The Federal Circuit has stated that “[w]hen the application of
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`prosecution disclaimer involves statements from prosecution of a familial patent
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`Preliminary Response of Patent Owner
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`relating to the same subject matter as the claim language at issue in the patent
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`being construed, those statements in the familial application are relevant in
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`construing the claims at issue.” Ormco Corporation v. Align Technology, Inc.,
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`498 F.3d 1307, 1314 (Fed. Cir. 2007). This principle has been used to apply
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`statements from child applications to ancestor applications:
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`Any statement of the patentee in the prosecution of a
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`related application as to the scope of the invention
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`would be relevant to claim construction, and the
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`relevance of the statement made in this instance is
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`enhanced by the fact that it was made in an official
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`proceeding in which the patentee had every incentive to
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`exercise care in characterizing the scope of its invention.
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`Accordingly, we conclude that Multi-tech’s statements
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`made during the prosecution of the ‘627 patent with
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`regard to the scope of it inventions as disclosed in the
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`common specification are relevant not only to the ‘627
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`and ‘532 patents, but also to the earlier issued ‘649
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`patent.
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`Preliminary Response of Patent Owner
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`Microsoft Corporation v. Multi-Tech Systems, Inc., 357 F.3d 1340, 1350 (Fed.
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`Cir. 2004); see also Sprint Communications Company L.P. v. Vonage Holdings
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`Corp., 518 F. Supp. 2d 1306, 1316 (D. Kan. 2007)(“[T]he court will consider the
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`possibility that statements made during prosecution of the child ‘928 patent are
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`relevant to construing the same claim terms in the ancestor ‘429 and ‘064 patent
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`claims.”). With regards to multiple sibling applications (applications that stem
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`from a common parent application), if a statement is made during prosecution of
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`one sibling application, that statement can be applied to a second sibling
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`application, even though the second sibling application issued before the first
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`sibling application. Id. at 1350 (“Furthermore, even though the ‘649 patent had
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`already issued, we think that it is not unsound to apply the same interpretation to
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`that patent. We take the patentee at its word and will not construe the scope of
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`the ‘649 patent’s claims more broadly than the patentee itself clearly
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`envisioned.”).
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`If no ambiguity is found in the meaning of the terms of a claim after
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`review of the specification and prosecution history, the inquiry is at an end. If
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`uncertainty remains, extrinsic evidence (e.g., expert and inventor testimony), may
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`be considered. Vitronics, 90 F.3d at 1583.
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`Preliminary Response of Patent Owner
`Patent 6,549,130
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`In his submission to the PTO, the Applicant also provided the page and
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`line numbers where support for each of the definitions is located in the original
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`specifications of the ‘363 and ‘010 Patents. By defining each of these terms in
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`the prosecution history, the ’130, ‘010 and ‘363 Applicant has chosen to be his
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`own lexicographer. See CCS Fitness Inc. v. Brunswick Corp., 288 F.3d 1359,
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`1366 (Fed. Cir. 2002) (“[A] claim term will not receive its ordinary meaning if
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`the patentee acted as his own lexicographer and clearly set forth a definition of
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`the disputed term...”). Moreover, in the Preliminary Remarks and First Remarks,
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`the Applicant stated “[a]pplicant provides the following definitions for the
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`following terms or phrases which appear in certain of the pending claims.” Thus,
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`it is clear that the Applicant unequivocally and intentionally defined the disputed
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`terms in the manner discussed infra.
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`C.
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`“control device”
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`The term “control device” appears in independent claims 26, 42, 48, 91
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`and 138, and its construction is necessary to interpret the meaning of the claims.
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`Petitioner has offered no construction for this key term.
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`As discussed supra, Applicant chose to be his own lexicographer and
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`provided an explicit definition for the term “control device” in the First Remarks.
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`Preliminary Response of Patent Owner
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`EX2002 at 6. Accordingly, the term “control device” should be construed as “a
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`device or a computer, or that part of a device or a computer, which performs
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`an operation, an action, or a function, or which performs a number of
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`operations, actions, or functions.” This proposed construction is consistent with
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`Applicant’s definition of the term “control device” in the First Remarks, and is
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`also supported by and is consistent with the Specification of the ‘130 Patent,
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`including the written description, the drawings and the claims. Further, “control
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`device” is separate and distinct from the claimed vehicle systems being
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`controlled, as discussed below.
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`Each “control device” is separate and distinct from the
`1.
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` claimed vehicle systems being controlled
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`As discussed supra, the Challenged claims are directed to a specially
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`assembled and programmed distributed control system for vehicles, wherein
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`control functions for a vehicle or for a vehicle system, vehicle component,
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`vehicle device, vehicle equipment, vehicle equipment system, or vehicle
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`appliance, of a vehicle, can be distributed among three separate and distinct
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`“control devices,” each of which can generate or transmit a separate and distinct
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`signal in order to control a separate fourth device of or at the vehicle, which is the
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`Preliminary Response of Patent Owner
`Patent
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