throbber
DECLARATION OF SCOTT ANDREWS
`
`I, Scott Andrews, declare as follows:
`
`1.
`
`I hold a B.Sc. degree in Electrical Engineering from University of
`
`California–Irvine and a M.Sc. degree in Electronic Engineering from Stanford
`
`University. In various positions at, among others, TRW and Toyota, I have been
`
`responsible for research and development projects relating to, among others,
`
`numerous remote vehicle control devices and vehicle information systems. My
`
`qualifications are further set forth in my curriculum vitae (Exhibit A). I have been
`
`retained by Volkswagen Group of America, Inc. in connection with its petition for
`
`inter partes review of U.S. Patent No. 7,397,363 (“the ’363 patent”). I have over
`
`25 years of experience in fields relevant to the ’363 patent, including remote
`
`vehicle control systems.
`
`2.
`
`I have reviewed the ’363 patent, as well as its prosecution history and the
`
`prior art cited during its prosecution. I have also reviewed the prosecution history
`
`of the ex parte reexamination of the ’363 patent, Reexamination Control No.
`
`90/013,303, and the prior art cited in the reexamination. In addition, I have
`
`reviewed U.S. Patent No. 6,072,402 (“Kniffin”), U.S. Patent No. 5,732,074
`
`(“Spaur”), and U.S. Patent No. 5,081,667 (“Drori”).
`
`- 1 -
`
`VWGoA - Ex. 1006
`Volkswagen Group of America, Inc., Petitioner
`
`1
`
`

`
`
`
`The ’363 Patent
`
`3.
`
`The ’363 patent relates to a remote-controlled control, monitoring, and/or
`
`security apparatus, linked to various vehicle systems like alarms, horns, power
`
`door locks, video recording devices, phones, or vehicle recovery systems. Col. 4, l.
`
`55-col. 5, l. 8. A remote transmitter system 2, such as a touch tone telephone,
`
`transmits signals to a receiver 3, such as a beeper or pager system. Col. 21, ll. 52-
`
`56, col. 22, ll. 1-4, 44-49, 55. A CPU 4 receives signals from the receiver 3 and
`
`controls vehicle systems by activating or deactivating the vehicle systems. Col. 23,
`
`ll. 45-50, col. 24, l. 28-col. 28, l. 59, col. 31, ll. 14-23.
`
`4.
`
`The ’363 patent further describes “[a] home and/or personal computer,
`
`and/or other personal communications device and/or apparatus may also be utilized
`
`for performing the functions of the transmitter and the vehicle position and
`
`locating system receiver.” Col. 6, ll. 10-13. Additionally, the transmission of data
`
`over the Internet is described: “The apparatus may also be utilized in conjunction
`
`with a computer network such as an on-line service and/or on, or over, the Internet
`
`and/or the World Wide Web, by employing an appropriate server computer and/or
`
`an associated Web Site and/or Web Site technology in conjunction with an
`
`appropriate communication medium.” Col. 6, ll. 13-19.
`
`5.
`
`The claims of the ’363 patent describe a sequence of control among three
`
`devices.
`
`- 2 -
`
`2
`
`

`
`
`
`6.
`
`In claim 21, one processing device is located at a vehicle, another processing
`
`device is located remote from the vehicle, and another processing device is located
`
`remote from the other remote processing device and remote from the vehicle. One
`
`of the remote processing devices sends a control signal to the other remote
`
`processing device, which responds by sending a control signal to the processing
`
`device in the vehicle. In response, the processing device in the vehicle activates or
`
`deactivates a vehicle component.
`
`7.
`
`In claim 68, one processing device is again located at a vehicle, another
`
`processing device is located remote from the vehicle, and a communication device
`
`is located remote from the remote device and remote from the vehicle. The first
`
`processing device monitors the vehicle for a state of disrepair, transmits a signal
`
`about the detection of a state of disrepair to a second processing device, which then
`
`transmits a signal to a communication device over the Internet or World Wide
`
`Web, and the communication device provides the information regarding the state
`
`of disrepair.
`
`8.
`
`According to my understanding of the prosecution of the ’363 patent, the
`
`claims that led to claims 21 and 68 were initially filed in September 2006,
`
`including the same chain of three devices that would eventually issue. The claims
`
`were never rejected over the prior art, and Joao only made the following
`
`amendments to the claims:
`
`- 3 -
`
`3
`
`

`
`
`
`65. An apparatus, comprising:
`a first processing device, wherein the first processing device at
`least one of generates a first signal and transmits a first signal for at
`least one of activating, de-activating, disabling, re-enabling, and
`controlling an operation of, at least one of a vehicle system, a vehicle
`equipment system, a vehicle component, a vehicle device, a vehicle
`equipment, and a vehicle appliance, of or located at a vehicle, wherein
`the first processing device is associated with a web site, and further
`wherein the first processing device is located at a location remote
`from the vehicle,
`wherein the first processing device at least one of generates the
`first signal and transmits the first signal in response to a second signal,
`wherein the second signal is at least one of generated by a second
`processing device and transmitted from a second processing device,
`wherein the second processing device is located at a location which is
`remote from the first processing device and remote from the vehicle,
`wherein the first processing device determines whether an action or an
`operation associated with information contained in the second signal,
`to at least one of activate, de-activate, disable, re-enable, and control
`an operation of, the at least one of a vehicle system, a vehicle
`equipment system, a vehicle component, a vehicle device, a vehicle
`equipment, and a vehicle appliance, is an authorized or an allowed
`action or an authorized or an allowed operation, and further wherein
`the first processing device at least one of generates the first signal and
`transmits the first signal to a third processing device if the action or
`the operation is determined to be an authorized or an allowed action or
`
`- 4 -
`
`4
`
`

`
`
`
`an authorized or an allowed operation, wherein the third processing
`device is located at the vehicle,
`wherein the second signal is transmitted to the first processing
`device via, on, or over, at least one of the Internet and the World Wide
`Web, and further wherein the second signal is automatically received
`by the first processing device, wherein the first signal is transmitted to
`and automatically received by the third processing device, wherein the
`third processing device at least one of generates a third signal and
`transmits a third signal for at least one of activating, de-activating,
`disabling, re-enabling, and controlling an operation of, the at least one
`of a vehicle system, a vehicle equipment system, a vehicle
`component, a vehicle device, a vehicle equipment, and a vehicle
`appliance, in response to the first signal.
`
`84. An apparatus, comprising:
`a first processing device, wherein the first processing device at
`least one of monitors and detects an event regarding at least one of a
`vehicle system, a vehicle equipment system, a vehicle component, a
`vehicle device, a vehicle equipment, and a vehicle appliance, of a
`vehicle, wherein the first processing device is located at the vehicle,
`and further wherein the event is a detection of a state of disrepair of
`the at least one of a vehicle system, a vehicle equipment system, a
`vehicle component, a vehicle device, a vehicle equipment, and a
`vehicle appliance, wherein the first processing device at least one of
`generates a first signal and transmits a first signal to a second
`processing device, wherein the first signal contains information
`regarding the event, and further wherein the second processing device
`
`- 5 -
`
`5
`
`

`
`
`
`9.
`
`is located at a location which is remote from the vehicle, wherein the
`second processing device automatically receives the first signal, and
`further wherein the second processing device at least one of generates
`a second signal and transmits a second signal to a communication
`device, wherein the second signal is transmitted to the communication
`device via, on, or over, at least one of the Internet and the World Wide
`Web, wherein the communication device is located remote from the
`second processing device, and wherein the communication device
`automatically receives the second signal, and further wherein the
`communication device provides information regarding the event.
`The claims were thereafter allowed in a Notice of Allowance on December
`
`21, 2007. The Examiner listed all of the independent claims, in their entirety, as the
`
`reasons for allowance.
`
`10. The parent ’405 patent (U.S. Patent No. 5,917,405) was initially rejected
`
`over the prior art, but was eventually allowed after the Applicants included a chain
`
`of command signals communicated among three control devices. As stated in the
`
`October 29, 1998 Notice of Allowance:
`
`Examiner’s primary reason for allowance is in the environment of a
`control apparatus for a vehicle comprising, ‘a first control device,
`located at a vehicle, for generating and transmitting a control signal,
`first control device is responsive to a second signal, second signal is
`generated and transmitted by a second control device remote from
`first control device and second control device is responsive to a third
`signal, third signal is generated and transmitted by a third control
`
`- 6 -
`
`6
`
`

`
`
`
`device, third control device is at a location remote from vehicle and
`second control device, in that signals are sequentially relayed from
`outside control devices to a control device within the vehicle’.
`11. The parent ’076 patent (U.S. Patent No. 6,542,076) was also allowed
`
`because its claims described a chain of command signals communicated among
`
`three control devices as the reasons for allowance, in the Notice of Allowance of
`
`May 30, 2001:
`
`[T]here are no references teaching of a control apparatus for
`controlling of at least one of activating, deactivating, enabling and
`disabling of at least one of a vehicle and a premises having at least
`one of system, subsystem, component, equipment and appliance,
`wherein the first control device is responsive to a second signal and
`the second signal is at least generated by a second control device
`which is located remote from the vehicle and the premises. And
`further wherein the second control device is responsive to a third
`signal which is generated by a third control device which is located at
`a location remote from the vehicle and the premises and remote from
`the second control device.
`12. The ’363 patent claims a similar chain of three devices as claimed in the
`
`’405 and ’076 patents. Based on this prosecution history, it appears that the claims
`
`of the ’363 patent were allowed for the same reasons as the claims of the ’405 and
`
`’076 patents.
`
`13.
`
`I further understand
`
`that
`
`the ’363 patent
`
`is currently subject
`
`to
`
`reexamination, and that during the reexamination, the Examiner determined that
`
`- 7 -
`
`7
`
`

`
`
`
`substantial new questions of patentability affecting claim 21 are raised by: Kniffin,
`
`as part of a double patenting rejection based on the ’076 patent, and the
`
`combination of U.S. Patent No. 5,070,320 to Ramono and Spaur. I further
`
`understand that the Examiner rejected claim 21 in view of Spaur, as modified by
`
`Kniffin, before vacating that rejection.
`
`The Combination of Kniffin and Spaur – Claims 21, 24, 27, 30, 31, and 33
`
`14. The combination of Kniffin and Spaur discloses all of the limitations of
`
`claims 21, 24, 27, 30, 31, and 33, including the sequence of control signals passed
`
`among three processing devices.
`
`15. Kniffin describes a secure entry system 10, including telephone 22,
`
`communications link 16, clearinghouse 18 connected to RF transmission system
`
`26, and access control devices 12 or 64 having RF receiver 14. Col. 2, ll. 25-53,
`
`col. 8, ll. 11-14.
`
`16. The chain of three processing devices described by Kniffin includes an
`
`access control device 64 (located at the vehicle), clearinghouse 18 or 66 (located
`
`remote from the vehicle), and communications link 16 and telephone 22 (located
`
`remote from the vehicle and from the clearinghouse). A user may establish
`
`communication via communications link 16, from a cellular telephone or
`
`conventional telephone 22, to clearinghouse 18 or 66, and, after an authorization
`
`check, the clearinghouse 18 or 66 transmits radio signals over RF transmission
`
`- 8 -
`
`8
`
`

`
`
`
`system 26 to access control device 12 or 64, via RF receiver 14. Col. 2, ll. 25-53,
`
`col. 8, ll. 11-14. In the vehicle embodiment, access control device 64 controls door
`
`locks on a truck 62. Col. 8, ll. 11-14, 46-48; Fig. 4.
`
`17.
`
`In describing its system in the context of delivery truck 62, Kniffin describes
`
`that a delivery company sends a schedule of deliveries to clearinghouse 66.
`
`Clearinghouse 66 verifies the schedule, and transmits the schedule to truck access
`
`control device 64. The schedule is then stored in memory 68. Col. 8, ll. 15-24. That
`
`is, the truck access control device 64, i.e., the in-vehicle processing device located
`
`in the vehicle, is responsive to signals from clearinghouse 66, i.e., the remote
`
`processing device. See also, col. 8, ll. 61-67.
`
`18. Kniffin also describes communicating signals from lock 12 to the user
`
`operating communications link 16, including status information of lock 12, via
`
`clearinghouse 18, such as a notice that someone was present at the property
`
`protected by lock 12, or that someone was in proximity with lock 12. Col. 2, l. 62-
`
`col. 3, l. 6, col. 4, ll. 6-14. Kniffin also describes transmission from the lock device
`
`back to the central station when the lock encounters an identification device
`
`located at a delivery location. Col. 9, ll. 5-8.
`
`19. Spaur describes a wireless communication system for a vehicle, operating
`
`over the Internet. In-vehicle controllers respond to signals from a remote computer
`
`terminal, including commands for control of physical devices in the vehicle.
`
`- 9 -
`
`9
`
`

`
`
`
`Abstract; Figs. 1, 2; col. 2, ll. 11-15. This communication is carried out according
`
`to the “world wide web protocol,” over the Internet. Col. 2, ll. 42-48, col. 3, ll. 13-
`
`20, col. 7, ll. 40-47, col. 12, ll. 51-54
`
`20. The system described by Spaur includes a computer terminal 60, with
`
`browsers 72, which can be used to communicate through modem 64 over the
`
`Internet 68, through remote cellular digitized packet data (CDPD) network modem
`
`76, to a vehicle. Col. 7, ll. 34-40; Fig. 2. The CDPD network, linking the Internet
`
`and the vehicle, includes protocols to determine whether an action or operation
`
`associated with information contained in the signal is authorized or allowed, for
`
`example, by using channels to transmit a signal to the vehicle, and to properly
`
`prepare information to be transmitted. Col. 2, ll. 42-48, col. 7, ll. 40-47, col. 12, ll.
`
`51-54. In the vehicle, vehicle devices 50 (e.g., sensors or computing devices, such
`
`as laptops, vehicle condition sensors, or storage units, etc.) can be operated to
`
`receive or send information. Col. 9, ll. 62-col. 10, ll. 9. Spaur further describes a
`
`user at a remote station 10 using the IP address of a vehicle device 50 to transfer
`
`information, including commands, to the vehicle device 50. As an example, the
`
`browser 72 at the computer terminal 60 can run an applet to display buttons for
`
`control of, e.g., a CD-ROM unit. The user can select a button to operate the unit in
`
`the vehicle. Col. 11, ll. 27-57.
`
`- 10 -
`
`10
`
`

`
`
`
`21.
`
`In addition, Spaur describes a program memory storing executable programs
`
`used to obtain data from vehicle devices. Col. 3, ll. 30-36, col. 7, ll. 5-10, col. 8, ll.
`
`49-53. Such applications may include obtaining vehicle status and location data,
`
`and “vehicle parameter monitoring for maintaining the vehicle such as checking
`
`engine conditions including possibility of overheating and operating mileage
`
`(odometer reading).” Col. 9, ll. 3-12. The data is then sent to a remote station for
`
`analysis. Col. 4, ll. 24-29.
`
`22. Because Kniffin describes an in-vehicle device (access control device 12 or
`
`64) controlling a vehicle component (door lock or memory), responsive to a signal
`
`from a remote processing device (clearinghouse 18 or 66), which is in turn
`
`responsive to a signal from another remote processing device (telephone 22 and
`
`communications link 16), located remote from the vehicle and from the second
`
`control device, and further because Spaur describes an in-vehicle processing device
`
`(cellular phone 80, controller 30, controller area network control unit 122)
`
`controlling a vehicle component (vehicle devices 50), responsive to a signal from a
`
`remote processing device (remote CDPD network modem 76), which is in turn
`
`responsive to a signal from another remote processing device (computer terminal
`
`60), the combination of Kniffin and Spaur addresses the Examiner’s reasons for
`
`allowing the claims of the ’363 patent. Further, though Kniffin does not expressly
`
`describe communication that a processing device is associated with a web page, or
`
`- 11 -
`
`11
`
`

`
`
`
`that signals are transmitted via the Internet or World Wide Web, Spaur describes
`
`that the communication between the computer terminal 60 and the remote CDPD
`
`network modem 76 takes place over the Internet 68, using web browsers 72, with
`
`each vehicle device 50.
`
`23. The combination of Kniffin and Spaur further describes that the second
`
`processing device is a wireless device, in Kniffin’s description of a cellular
`
`telephone or conventional telephone 22. Col. 2, ll. 31-34.
`
`24. The combination of Kniffin and Spaur further describes that the first,
`
`second, and/or the third processing device processes or provides diagnostic
`
`information regarding the vehicle system, equipment system, component, device,
`
`equipment, and/or appliance, or the vehicle, or the first, second, and/or third
`
`processing device, processes or provides diagnostic information regarding a second
`
`vehicle system, equipment system, component, device, equipment, and/or
`
`appliance, in Kniffin’s description of clearinghouse 18 reporting whether
`
`permission has been granted to access lock 12, and of sending status information to
`
`a user (col. 2, l. 54-col. 3, l. 12), and in Spaur’s description of running executable
`
`programs to collect data relating to various vehicle devices 50, and sending the
`
`collected data to remote stations for analysis. Col. 3, ll. 30-36, col. 4, ll. 24-29, col.
`
`7, ll. 5-10, col. 8, ll. 49-53, col. 9, ll. 3-12.
`
`- 12 -
`
`12
`
`

`
`
`
`25. The combination of Kniffin and Spaur further describes that the apparatus
`
`detects a failure, a malfunction, and/or a state of disrepair, of, in, or regarding, the
`
`vehicle system, equipment system, component, device, equipment, and/or
`
`appliance, the first processing device transmitting a message to the second
`
`processing device via, on, or over, the Internet and/or the World Wide Web, and
`
`the message contains information regarding the failure, malfunction, and/or state of
`
`disrepair, in Spaur’s description of monitoring a vehicle and collecting data from
`
`various vehicle devices 50, including vehicle condition sensors, and transmitting
`
`the data over the Internet 68 to remote stations. Col. 3, ll. 30-36, col. 4, ll. 14-16
`
`and 24-29, col. 7, ll. 5-10, col. 8, ll. 49-53, col. 9, ll. 3-12.
`
`26. The combination of Kniffin and Spaur further describes that the apparatus
`
`performs a systematic check of a status or a state of the vehicle system, equipment
`
`system, component, device, equipment, and/or appliance, and information
`
`regarding the status or the state is transmitted to the first or second processing
`
`device, in Kniffin’s description of clearinghouse 18 reporting whether permission
`
`has been granted to access lock 12, and of sending status information to a user (col.
`
`2, l. 54-col. 3, l. 12), and in Spaur’s description of running executable programs to
`
`collect data relating to various vehicle devices 50, and sending the collected data to
`
`remote stations for analysis (col. 3, ll. 30-36, col. 4, ll. 24-29, col. 7, ll. 5-10, col. 8,
`
`ll. 49-53, col. 9, ll. 3-12).
`
`- 13 -
`
`13
`
`

`
`
`
`27. The combination of Kniffin and Spaur further describes that the apparatus
`
`detects a vehicle use, an unauthorized use of the vehicle, a theft of the vehicle,
`
`and/or an occurrence warranting providing notice to an owner, a user, and/or an
`
`authorized operator, of the vehicle, that the apparatus transmits a message
`
`containing information regarding the vehicle use, unauthorized use, theft, and/or
`
`occurrence to an owner, user, and/or authorized operator, of the vehicle, and that
`
`the message is transmitted to the second processing device, in Kniffin’s description
`
`of clearinghouse 18 reporting whether permission has been granted to access lock
`
`12, and of sending status information to a user, including whether a person has
`
`been to the house protected by lock 12 (col. 2, l. 54-col. 3, l. 12), and in Spaur’s
`
`description of providing notifications to one or more remote stations when an event
`
`occurs, such as when a sensor in the vehicle measures a particular value (col. 12, ll.
`
`18-30).
`
`28. At the time that the ’363 patent was filed, it would have been obvious to
`
`combine the secure entry system of Kniffin with the wireless communication
`
`system of Spaur, at least because Kniffin relates to a remotely controlled and
`
`monitored security system (Kniffin, Abstract), and Spaur relates to an improved
`
`communication from a remote station to a vehicle over the Internet to provide
`
`security and safety checks such as checking the door locks, initiating an alarm,
`
`- 14 -
`
`14
`
`

`
`
`
`indicating airbag denotation, and the like, while avoiding “design complexities”
`
`(Spaur, col. 1, ll. 35-40, col. 2, ll. 11-24).
`
`The Combination of Kniffin, Spaur, and Drori – Claim 29
`
`29. The combination of Kniffin, Spaur, and Drori discloses all of the limitations
`
`of claim 29, and it would have been obvious to combine Kniffin, Spaur, and Drori
`
`to achieve the apparatus claimed in claim 29.
`
`30. Drori describes cellular telephone and automobile security systems,
`
`including a system that allows for the installation of a cellular phone and a
`
`controller in an automobile. Col. 1, ll. 12-14; col. 1, l. 67-col. 2, l. 5. As shown in
`
`Figure 1 below, Drori describes a communications system 10 adapted for use with
`
`a cellular telephone system 12, with the system 10 being interposed between the
`
`handset unit 14 and the transceiver 16 of the telephone system 12. Col. 3, ll. 58-64.
`
`According to Drori, inputs from a global positioning tracker, are received by the
`
`system controller 20 via level conversion and filtering circuits 36. Col. 4, ll. 44-48.
`
`Additionally, Drori discloses that the tracking data input is provided by a global
`
`positioning system and that the system 10 can translate the tracking data input into
`
`a location on map, when requested by a user or when the security system is tripped.
`
`Col. 5, ll. 9-17.
`
`- 15 -
`
`15
`
`

`
`
`
`
`
`31. At the time the ’363 patent was filed, it would have been obvious to combine
`
`the vehicle control system of Kniffin, the wireless communication system of Spaur,
`
`and the cellular telephone and automobile security systems of Drori, at least
`
`because Kniffin expressly states that its truck security system may be integrated
`
`with a satellite vehicle locator system (col. 9, ll. 1-4), as Spaur states that “[i]t is
`
`often desirable to know the location of a particular vehicle at a given time” (col. 1,
`
`ll. 14-18) and that a GPS unit may be included among the vehicle devices 50 (col.
`
`10, ll. 3-4, col. 14, ll. 4-5), and as these location features can be enhanced by the
`
`mapping capability of the global positioning system taught by Drori (col. 5, ll. 9-
`
`17).
`
`Spaur – Claims 68, 69, 74, 77, and 80
`
`32. Spaur discloses all of the limitations of claims 68, 69, 74, 77, and 80,
`
`including the sequence of control signals passed among three devices.
`
`- 16 -
`
`16
`
`

`
`
`
`33. Spaur describes monitoring and reporting functions, including running
`
`programs on the in-vehicle controller to obtain data from vehicle devices for
`
`transmission to a remote site. Col. 3, ll. 30-39, col. 4, ll. 24-29, col. 8, ll. 49-53.
`
`Vehicle devices 50 are “a variety of monitoring, detecting, inputting or other
`
`information communication related devices,” such as “GPS (global positioning
`
`system), dead reckoning sensors, facsimile machine, PDA (personal digital
`
`assistant), laptop computer, printer, display unit, modem, CD-ROM unit, storage
`
`device, medical conditioning sensors, vehicle condition sensors, vehicle cargo
`
`sensors, airbag sensor and general alarm sensors related to unlocking the vehicle or
`
`unwanted intrusion into the vehicle.” Col. 9, l. 62-col. 10, l. 9. The system may run
`
`applications for, e.g., “monitoring of vehicle locations and status” and “vehicle
`
`parameter monitoring for maintaining the vehicle such as checking engine
`
`conditions including possibility of overheating and operating mileage (odometer
`
`reading).” Col. 9, ll. 3-12. Controller 30 may also transmit notifications to the one
`
`or more stations when a particular event occurs, such as a sensor measuring a
`
`particular value. Col. 12, ll. 18-30.
`
`34. The data transmission to a remote station 10 may be responsive to a request
`
`from the remote station or may be automatic. Controller 30 prepares the
`
`information and sends it to the wireless device 18 for transmission over an airlink,
`
`- 17 -
`
`17
`
`

`
`
`
`to the CDPD network modem 76, over the Internet 68, to the computer terminal 60.
`
`Col. 7, ll. 13-47; Fig. 2.
`
`35. Because Spaur describes a first processing device, located at a vehicle
`
`(controller 30, controller area network control unit 122), running programs that
`
`monitor vehicle components for detection of a state of disrepair (e.g., collecting
`
`data from sensors, checking engine conditions), sending a signal regarding the
`
`detection of a state of disrepair to a remote second processing device (remote
`
`CDPD network modem 76), which in turn sends a signal to a communication
`
`remote from the second processing device and remote from the vehicle (computer
`
`terminal 60) over the Internet 68, Spaur addresses the Examiner’s reasons for
`
`allowing the claims of the ’363 patent, and describes a sequence of communication
`
`of signals among three devices, over the Internet, as required by claim 68 of the
`
`’363 patent.
`
`36. Spaur further describes that the apparatus utilizes an intelligent agent, a
`
`software agent, and/or a mobile agent, or the apparatus is programmed for at least
`
`one of automatic activation and automatic operation, in its description of the use of
`
`software executable programs to obtain data and other information associated with
`
`vehicle devices (col. 3, ll. 30-39, col. 3, l. 66-col. 4, l. 5), and its description of web
`
`server 102 being programmed to provide a notification when a particular event
`
`- 18 -
`
`18
`
`

`
`
`
`occurs, such as when a vehicle reaches a location, or when a sensor measures a
`
`particular value (col. 12, ll. 18-30).
`
`37. Spaur further describes that the first processing device transmits a first
`
`diagnostic signal to the second processing device, and the second processing
`
`device transmits a second diagnostic signal to the communication device in
`
`response to the first diagnostic signal, and the communication device provides
`
`diagnostic data or information regarding the vehicle system, equipment system,
`
`component, device, equipment, and/or appliance, and that the apparatus provides
`
`information regarding apparatus status, vehicle operation status, and status of the
`
`vehicle system, equipment system, component, device, equipment, and/or
`
`appliance, in its description of a program memory storing executable programs
`
`used to obtain data associated with vehicle devices (col 3, ll. 30-36, col. 8, ll. 49-
`
`53, col. 9, l. 62-col. 10, l. 9), including “monitoring of vehicle locations and
`
`status,” and “vehicle parameter monitoring for maintaining the vehicle such as
`
`checking engine conditions including possibility of overheating and operating
`
`mileage (odometer reading)” (col. 9, ll. 3-12), and transmitting the data to a remote
`
`station for analysis (col. 4, ll. 24-29).
`
`38. Spaur further describes that the communication device and/or the second
`
`processing device transmits a control signal via the Internet and/or the World Wide
`
`Web for repairing, re-programming, activating, de-activating, disabling, re-
`
`- 19 -
`
`19
`
`

`
`
`
`enabling, and/or controlling an operation of the vehicle system, equipment system,
`
`component, device, equipment, and/or appliance, the first processing device
`
`receives the control signal and repairs, re-programs, activates, de-activates,
`
`disables, re-enables, and/or controls an operation of the vehicle system, equipment
`
`system, component, device, equipment, and/or appliance, in its description of
`
`computer terminal 60 communicating with modem 64, over Internet 68, to remote
`
`CDPD network modem 76, “which prepares the information in a conventionally
`
`acceptable manner for transmission and communication with a cellular phone 80
`
`which is contained in the vehicle” (col. 7, ll. 13-47, col. 12, ll. 39-59), and
`
`controller 30 executing software programs to gather data from the various vehicle
`
`sensors in response to this transmission (col. 13, ll. 1-15).
`
`Spaur – Claim 72
`
`39.
`
`It would have been obvious to modify Spaur to achieve the apparatus
`
`claimed in claim 72.
`
`40. Spaur describes computer terminal 60, which may be a “convention PC with
`
`a modem,” and so does not expressly describe computer terminal 60 (i.e., the
`
`communication device) as a wireless device, a cellular telephone, or a personal
`
`digital assistant. However, at the time that the alleged invention of claim 72 of the
`
`’363 patent was made, it would have been obvious to modify the mobile portable
`
`wireless communication system of Spaur such that the communication device is a
`
`- 20 -
`
`20
`
`

`
`
`
`wireless device, a cellular telephone, or a personal digital assistant. Such devices
`
`were well known at that time. For example, Spaur describes a “wireless device”
`
`contained in the vehicle for transmitting and receiving information over an air link
`
`(col. 6, ll. 3-5), and further describes that such devices may be among vehicle
`
`devices 50 (e.g., at col. 10, ll. 1-9, describing a PDA or laptop computer).1 Using a
`
`wireless device, a cellular telephone, or a personal digital assistant as the
`
`communication device in the system described by Spaur would have been well
`
`within the understanding of a person of ordinary skill in the art at the time the
`
`alleged invention of claim 72 was made, and it would have been obvious to do so,
`
`to allow the user to operate the system from a mobile device.
`
`
`
`I declare that all statements made herein of my own knowledge are true and
`
`that all statements made on information and belief are believed to be true, and
`
`further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under §1001 of Title 18 of the United States Code.
`
`Dated:
`
`
`
`7/31/2105
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Scott Andrews
`
`
`
`
`
`
`1 See also, Kniffin at, e.g., col. 2, ll. 32-35, which refers to a cellular telephone 22.
`
`- 21 -
`
`21
`
`

`
`22
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`22
`
`

`
`
`(650) 279-0242
`
`
`Scott Andrews
`
`915 Western Ave.
`Petaluma, CA 94952
`
`Summary
`Creative, energetic, and innovative internationally recognized executive experienced in
`general management, systems engineering, advanced product development, advanced
`technology, business development, strategic planning, and program management
`
` •
`
` Vehicle Electrical/Electronics Systems
`• Vehicle Information Systems
`• Communications Systems
`• ITS and Related Industries
`• Program and Project Management
`
`
`• Enterprise Software
`• Multimedia/Internet Computing
`• Vehicle Safety and Control Systems
`• Spacecraft Electronics
`• Mobile Information Technology
`
`Experience
`
`Consultant
`12/2001-Present
`Systems engineering, business development and technical strategy consulting supporting
`automotive and information technology.
`Current Engagements:
`• Technical consultant to ARINC for conn

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket