`
`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