Petitioner Volkswagen Group of America, Inc.
`
`Oral Hearing
`Inter Partes Review of
`U.S. Patent No. 8,719,037
`IPR2016-00123
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`
`February 7, 2017
`
`VWGoA ‐ Ex. 1023
`Volkswagen Group of America, Inc., Petitioner
`West View Research, LLC. ‐ Patent Owner
`IPR2016‐00123
`1
`
`
`
`Oral Hearing
`Inter Partes Review of
`U.S. Patent No. 8,719,037
`IPR2016-00123
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`
`February 7, 2017
`
`VWGoA ‐ Ex. 1023
`Volkswagen Group of America, Inc., Petitioner
`West View Research, LLC. ‐ Patent Owner
`IPR2016‐00123
`1
`
`
`
`U.S. Patent No. 8,719,037
`
`Title: Transport Apparatus with
`Computerized Information and
`Display Apparatus
`
`Filed: January 9, 2013
`
`Issued: May 6, 2014
`
`Named Inventor:
`Robert Gazdzinski
`
`2
`
`
`
`U.S. Patent No. 8,719,037
`
`In reference to Fig. 1, an “elevator
`information system is generally described.
`. . . [T]he system 100 includes an input
`device 102, speech recognition (SR)
`module 104, central processor 106[,] . . .
`and display device 113.” Ex. 1001, 6:45-
`54.
`
`With reference to Fig.1, signals captured
`by microphone 118 as part of speech
`recognition module 104 are digitized by
`analog to digital converter 141 and
`processed using a speech recognition
`algorithm. Ex. 1001 at 7:30-34; Ex. 1002
`at ¶ 3.
`
`3
`
`
`
`U.S. Patent No. 8,719,037
`Display device 113 accesses “a
`network interface 300 (such as an
`Internet or intranet data link) which
`permits the user to rapidly access
`updated information on a variety of
`predetermined topics of interest.” Ex.
`1001, 11:13-16.
`
`With reference to Fig. 6a, for
`example, URLs for “news headlines,
`weather, sports scores, financial data,
`directions to local airports or public
`transportation, etc[.]” may be
`provided. Id. at 11:20-22.
`
`4
`
`
`
`Claim 22
`
`Claim 22
`
`22. A transport apparatus configured to transport one or
`more persons from one location to another; comprising:
`a passenger compartment; and
`computerized information and display apparatus disposed
`at least partly within the passenger compartment, the
`information and display apparatus comprising:
`a wireless network interface;
`processing apparatus in data conmiuiiieatioil with t11e
`network interface;
`a microphone;
`a display device; and
`a storage apparatus comprising at least one computer
`program, said at least one program being configured
`to, when executed:
`obtain digitized speech generated based on speech
`received from a passenger Via the microphone, the
`digitized speech comprising an affirmative request
`for desired information which the passenger
`wishes to find Via a network search, the desired
`information relating to at least one of a plurality of
`predetermined topics of interest; and
`cause, based at least in part on the digitized speech,
`’037 Patent (Ex. 1001)
`search of a remote network entity to cause retrieval
`of the desired information;
`wherein the apparatus is further configured to display
`content on the display device, the content received Via
`the network interface and selected based at least in
`
`part on the digitized speech.
`
`5
`
`
`
`Claim 42
`
`. ‘H g... H...
`'---—I*
`Q-0-DI --cn..a---&u- au-
`1-.’-: .——::
`
`42. A transport apparatus configured to transport one or
`more persons from one location to another, comprising:
`a passenger compartment; and
`computerized information and display apparatus disposed
`at least partly within the passenger compartment, the
`information and display apparatus comprising:
`a wireless network interface;
`processing apparatus in data communication with the
`network interface;
`a display device configured to be viewable by an occu-
`pant of the transport apparatus during use; and
`a storage apparatus comprising at least one computer
`program, said at least one program being configured
`to, when executed:
`obtain digitized speech generated based on speech
`received fi'om the occupant, the digitized speech
`comprising one or more terms relating to a desired
`information which the occupant wishes to obtain;
`cause, based at least in part on at least one of the one
`or more terms, access of a remote network entity
`via the network interface to cause retrieval of the
`desired information; and
`receive the desired in.f'on:nati-on via the network ir1ter-
`
`face;
`wherein the computerized information and display appa-
`ratus is further configured to display at least a portion of
`the desired inforntation on the display device, the infor-
`mation received via the network interface and selected
`’037 Patent (Ex. 1001)
`based at least in part on the digitized speech; and
`wherein the desired information comprises at least one of a
`map andfor directions to a particular organization or
`entity accessible by the transport apparatus, the at least
`one map andlor directions comprising a graphical rep-
`resentation ofthe organization orentity and its surround-
`
`6
`
`
`
`Claims 48
`
`Claims 48
`
`48. A land-mobile personnel transport device configured to
`transport one or more persons from one location to another,
`comprising:
`a passenger compartment; and
`computerized information and display apparatus disposed
`at least partly Within the passenger compartment, the
`information and display apparatus comprising:
`a wireless network interface;
`processing apparatus in data communication with the
`network interface;
`a display device configured to be viewable by an occu-
`pant of the land—mobi1e apparatus during use; and
`computerized logic configured to, when executed:
`obtain digitized speech generated based on speech
`received from the occupant, the received speech
`compri sing a request for desired information which
`the occupant Wi shes to obtain;
`cause, based at least in part on the digitized speech,
`access of a remote network entity via the network
`interface to cause retrieval of the desired inforn1a-
`
`tion; and
`receive the desired information via the network inter-
`
`face;
`wherein the information and display apparatus is further
`configured to display at least a portion of the desired
`’037 Patent (Ex. 1001)
`information on the display device, the information
`received via the network interface and selected based
`
`at least in part on the digitized speech; and
`wherein the desired information comprises at least one
`ofa map and!or directions to a particular organization
`
`7
`
`
`
`Claims 71, 72, 73, and 75
`
`Claims 71, 72, 73, and 75
`
`can
`
`T1. The device of claim 43, wherein the display device is
`mounted snhstantially flush with a surface of the interior of
`-- the passenger cornparnnent so as to he visihle hy at least the
`occupant, yet mitigate incidental contact therewith.
`
`T2. The device of claim 71, further comprising a plurality
`ofdoors which provide access to the passenger coniparnnent.
`
`,
`
`T3. The device ofclairn 72, further comprising video data
`apparatus in data coinnrunication with tJ1e processing appa-
`ratus and configured to enable video data to he generated and
`' displayed on the display device, the video data generated by
`one or more cameras associated with the personnel transport
`device so as to enahie monitoring of one or more portions of
`an area surrounding the personnel transport device.
`
`’037 Patent (Ex. 1001)
`75. The device of claim 73, further comprising a commu-
`nication apparatus configured to enable at least voice com-
`munication by a passenger with a remote monitoring station
`while the transport device is in operation.
`
`8
`
`
`
`Claim 77
`
`'77. A land-mobile personnel transport device configured to
`transport one or more persons from one location to another.
`comprising:
`a passenger compartment; and
`computerized information and display apparatus disposed
`at least partly within the passenger compartment, the
`information and display apparatus comprising:
`a wireless network interface means;
`processing means in data communication with the net-
`work interface for processing data;
`display device means configured to be viewable by an
`occupant of the land-mobile apparatus during use for
`displaying information", and
`computerized logic means configured to, when oper-
`ated:
`
`obtain digitized speech generated based on speech
`received from the occupant, the received speech
`comprisingaxcquest Iordcsired information which
`the occupant wishes to obtain;
`cause, based at least in part on the digitized speech,
`access of a remote network entity via the network
`interface to cause retrieval of the desired informa-
`tion; and
`receive the desired information via the network inter-
`face means;
`wherein the information and display apparatus is further
`configured to display at least a portion of the desired
`infonnation on the display device means, the infor-
`mation received via the network interface means and
`
`selected based at least in part on the digitized speech;
`’037 Patent (Ex. 1001)
`and
`wherein the desired infomiation comprises a map and
`visual directions to a particular organization or entity
`accessible by the transport device, the visual direc-
`tions comprising at least a visually diiferentiatcd line
`or arrow showing a direction of travel fmm one loca-
`tion to the organization or entity via one or more
`
`9
`
`
`
`Only Claims 22, 42, 75, and 77 Remain at Issue
`
`Following statutory disclaimer, only claims 22, 42, 75
`and 77 remain in this proceeding:
`• Claim 75 depends from disclaimed claims 73, 72, 71, and
`48
`
`Grounds of unpatentability addressed in this IPR:
`• Claims 22, 42, and 77 are obvious in view of Ito and Lind
`• Claim 75 is obvious in view of Ito, Lind, and Hsieh
`
`10
`
`
`
`Claims 22, 42, 75, and 77 are Unpatentable
`
`The claims each describe devices for:
`• Obtaining a user’s speech input requesting information,
`• Wirelessly communicating with a remote server to search for the
`requested information,
`• Receiving the information from the remote server, and
`• Displaying the received information.
`
`Independent claims 22, 42, 48, and 77 have only minor differences.
`
`These claimed devices were well known in the prior art, including the vehicle
`computer and display systems described by Ito and Lind.
`
`11
`
`
`
`The Prior Art
`
`• U.S. Patent No. 6,249,740 to Ito – Ex. 1003
`
`• The Network Vehicle – A Glimpse into the Future of Mobile
`Multi-Media, by R. Lind, et al. – Ex. 1004
`
`• U.S. Patent No. 5,574,443 to Hsieh – Ex. 1006
`
`12
`
`
`
`Ito Describes a Voice-Controlled Navigation System
`
`Ito describes a navigation system
`“generally comprised of a navigation base
`apparatus 150 arranged at a base and a
`vehicle navigation apparatus 100 mounted
`in a vehicle as a movable body.” Ex.
`1003, 8:13-16.
`
`The system further includes a “data input
`device [that] us[es] voice recognition” that
`allows the user to “use his/her voice to
`input corresponding data and commands.”
`Ex. 1003, 10:39-47.
`
`Ito also discloses a display 106, which
`may be an LCD or CRT display unit,
`equipped with a touch panel. Ex. 1003,
`10:48-50.
`
`13
`
`
`
`Lind Describes a Navigation and Display System
`Wirelessly Connected to the Internet
`
`Lind describes a vehicle
`containing hardware and
`software that allows
`connections via an “off-
`board network” to
`wirelessly connect to the
`Internet and to allow
`wireless information
`retrieval from other
`sources such as DirectTV.
`Ex. 1004, p. I2I-2.
`
`14
`
`
`
`Lind Describes a Navigation and Display System
`Wirelessly Connected to the Internet
`
`Lind describes:
`(1) Receiving input from a user,
`including voice commands;
`(2) Wirelessly accessing remote
`server based on that input;
`(3) Receiving information from
`the remote server; and
`(4) Displaying the received
`information, e.g., navigation
`information.
`
`Ex. 1004, p. I2I-2, 3, 5, 7.
`
`Lind (Ex. 1004), Fig. 9
`
`15
`
`
`
`Hsieh Describes Monitoring Vehicle with Cameras
`
`Hsieh describes a “vehicle
`monitoring apparatus [that]
`includes a rear video camera” as
`well as “a television placed in the
`vehicle.” Ex. 1006, Abstract.
`
`In reference to Fig. 2, the
`apparatus further includes a
`“system control circuit” which
`actuates a “rear video camera
`CCD1,” which is “mounted on a
`wind deflector 12 on a rear portion
`of the car.” See id. at 2:18-20;
`2:60-62.
`
`16
`
`
`
`The Petition Properly and Sufficiently
`Construed the Challenged Claims
`
`The specification of the ’037 patent does not present
`any special definition for any claim term, and the
`prosecution history of the ’037 patent does not include
`any claim construction arguments.
`
`With two exceptions under 35 U.S.C. § 112 ¶ 6 (both in
`claim 77), all of the terms of the challenged claims
`should therefore be given their broadest reasonable
`construction in view of the specification. See 37 C.F.R.
`§ 42.100(b).
`
`17
`
`
`
`The Petition Properly and Sufficiently
`Construed the Challenged Claims
`
`“wireless network interface means”
`
`is not subject to 35 U.S.C. §112 ¶ 6 because claim 77
`does not recite a function corresponding to the “means.”
`Petition, at 6–7; see Decision on Institution, at 7.
`
`18
`
`
`
`The Petition Properly and Sufficiently
`Construed the Challenged Claims
`
`“processing means ... for data processing”
`
`is subject to 35 U.S.C §112 ¶ 6, and should be construed
`to mean “a processor,” and equivalents thereof.
`Petition, at 7; see Decision on Institution, at 7.
`
`19
`
`
`
`The Petition Properly and Sufficiently
`Construed the Challenged Claims
`
`“display device means”
`
`is not subject to 35 U.S.C. §112 ¶ 6 because the phrase
`“display device” provides sufficient structure.
`
`Decision on Institution, at 8.
`
`20
`
`
`
`The Petition Properly and Sufficiently
`Construed the Challenged Claims
`
`“computerized logic means”
`
`is subject to 35 U.S.C §112 ¶ 6, and should be construed
`to mean “a speech recognition module,” and equivalents
`thereof, for obtaining digitized speech and “a central
`processor, for example, an Intel Pentium II®-based
`design or an AMD K600-series processor,” and
`equivalents thereof, for causing access of a remote
`network entity and for receiving desired information.
`Petition, at 8–9; see Decision on Institution, at 7.
`
`21
`
`
`
`The Petition was Not Required to Analyze Claims 22,
`42, and 48 Under 35 U.S.C. § 112, ¶ 6
`
`West View argues that claims 22, 42, and 48 have “textbook recitations of purely
`functional language with no recited structure,” and that the Petition cannot make out
`a prima facie showing of obviousness without performing § 112, ¶ 6 analysis.
`Response, at 31-37.
`
`VWGoA is not required to perform this § 112, ¶ 6 analysis of claims 22, 42, and 48:
`– The Petition provided a claim construction analysis, stating that claims 22, 42, and
`48 should be given their broadest reasonable construction in view of the
`specification. Petition, at 6.
`– Claims 22, 42, and 48 describe computing structure: Claims 22 and 42 include a
`storage apparatus and at least one computer program, and claim 48 includes a
`computerized information and display apparatus and computerized logic. The Federal
`Circuit has noted that “structure” in the context of computer software claims does not
`have to be physical structure. Apple Inc. v. Motorola, Inc., 757 F.3d 1286, 1298-99
`(Fed. Cir. 2014).
`– Claims 22, 42, and 48 do not include the term “means.” See, e.g., Williamson v. Citrix
`Online, LLC, 792 F.3d 1339, 1348–49 (Fed. Cir. 2015) (maintaining the presumption
`that a limitation lacking the word “means” is not subject to § 112, ¶ 6).
`
`22
`
`
`
`The Petition was Not Required to Analyze Claims 22,
`42, and 48 Under 35 U.S.C. § 112, ¶ 6
`
`West View does not argue that this analysis would have any bearing
`on the obviousness of claims 22, 42, and 48:
`– West View does not argue that the prior art fails to describe
`any of claim limitations in question.
`– West View does not perform a § 112, ¶ 6 analysis of the
`claims to show that the prior art does not describe any of the
`claim limitations.
`
`23
`
`
`
`Claim 22: Ito and Lind Describe a Transport
`Apparatus with a Passenger Compartment
`
`Ito (Ex. 1003), 1:19-21
`
`Lind (Ex. 1004), Fig. 1
`
`The Network Vehicle is the Delphi
`Automotive Systems’ vision for the
`future convergence of computers, the
`communications infrastructure, and
`the automobile.
`Lind (Ex. 1004), I2I-1
`
`24
`
`
`
`Claim 22: Ito and Lind Describe a Transport
`Apparatus with a Passenger Compartment
`
`Ito (Ex. 1003), 1:19-21
`
`Passengers using individual terminals next
`to their seats can do even more, including
`interacting with the Internet, watching
`television or playing games.
`Lind (Ex. 1004), I2I-2
`
`Lind (Ex. 1004), Fig. 1
`
`25
`
`
`
`Claim 22: Ito and Lind Describe a Computerized
`Information and Display Apparatus
`
`Ito (Ex. 1003), 8:11-16
`
`Lind (Ex. 1004), Fig. 2
`
`26
`
`
`
`Claim 22: Ito and Lind Describe a Wireless Network
`Interface
`
`Ito (Ex. 1003), 10:51-57
`
`Lind (Ex. 1004), Fig. 3
`
`27
`
`
`
`The Networked Systems of Ito and Lind Describe the
`Claimed “Wireless Network Interface [Means]”
`
`West View does not dispute that “wireless network interface” should be
`given its broadest reasonable construction, in view of the specification; and
`West View does not propose any construction.
`
`West View only argues that the claimed “wireless network interface”
`includes “terrestrial high-data bandwidth interface specifically chosen to
`support, inter alia, the explicit temporal requirements of the information
`system of the invention (i.e., having to converge on an entity location or
`other desired information within ‘only seconds’).” Response, at 40-45.
`
`But the claims to not describe a terrestrial high-data bandwidth interface
`specifically chosen to support temporal requirements. And West View does
`not argue (and does not attempt to show) that the specification includes any
`special definition or disclaimer to narrow the term’s construction.
`
`28
`
`
`
`Claim 22: Ito and Lind Describe a Processing
`Apparatus
`
`Ito (Ex. 1003), Fig. 1
`
`The Network Vehicle is created by integrating
`existing hardware and software technologies
`including
`voice
`recognition,
`wireless
`communications,
`global
`positioning
`via
`satellite, head-up displays, JavaTM technology,
`microprocessors, Web access, and . . . .
`Lind (Ex. 1004), I2I-1
`
`Lind (Ex. 1004), I2I-2
`
`29
`
`
`
`Claim 22: Ito and Lind Describe a Microphone
`
`Ito (Ex. 1003), 10:39-47
`
`The HUD projects a virtual image through the
`windshield that gives information to drivers
`without requiring them to take their eyes off
`the road. It displays road speed, engine status,
`waiting
`indication,
`navigation
`information, microphone on/off, and . . . .
`Lind (Ex. 1004), I2I-3
`
`A command and control application, written in
`Smalltalk and running on the vehicle’s main
`processor, monitors vehicle status, controls
`devices such as cell phone and microphone,
`supplies driver information via . . . .
`Lind (Ex. 1004), I2I-6
`
`30
`
`
`
`Claim 22: Ito and Lind Describe a Display Device
`
`Ito (Ex. 1003), 10:48-50
`
`Ito (Ex. 1003), 15:22-26
`
`Lind (Ex. 1004), Fig. 2
`
`31
`
`
`
`Claim 22: Ito and Lind Describe a Storage
`Apparatus and a Computer Program
`
`Ito (Ex. 1003), 9:51-67
`
`A command and control application, written in
`Smalltalk and running on the vehicle’s main
`processor, monitors vehicle status, controls devices
`such as cell phone and microphone, supplies driver
`information via head-up display, manages off-
`vehicle information flow, and controls vehicle
`software, such as the voice recognition and various
`convenience
`passenger
`applications.
`This
`application coordinates with the voice recognition,
`the head-up display, and the touch screen to
`provide feedback and control of
`the various
`systems, helping to keep the driver’s eyes on the
`road.
`For driver convenience and safety,
`this
`application also interfaces via the Internet to a
`customer service provider, who . . . .
`Lind (Ex. 1004), I2I-6
`
`32
`
`
`
`Claim 22: Ito and Lind Describe Obtaining Digitized
`Speech from a Passenger Requesting Information
`
`Ito (Ex. 1003), 10:39-47
`
`Ito (Ex. 1003), 8:36-40
`
`Ito (Ex. 1003), 9:8-13
`
`33
`
`
`
`Claim 22: Ito and Lind Describe Obtaining Digitized
`Speech from a Passenger Requesting Information
`
`Ito (Ex. 1003), 15:47-16:4
`
`34
`
`
`
`Claim 22: Ito and Lind Describe Obtaining Digitized
`Speech from a Passenger Requesting Information
`
`Speech Recognition and Text-to-Speech System
`
`IBM has modified its advanced speech
`recognition and text-to-speech system, ViaVoiceTM,
`for the automotive environment. ViaVoice allows
`the driver to access virtually all
`the vehicle’s
`features through voice commands and enables the
`vehicle to talk back using synthesized speech. For
`example, the driver can: execute vehicle system
`commands such as lock doors, play CD, and
`change radio station, request travel directions and
`traffic updates from the Web or other sources,
`check . . . .
`Lind (Ex. 1004), I2I-3
`
`The voice recognition technology allows drivers
`and passengers to verbally request and listen to e-
`mail messages, locate a restaurant or hotel, ask for
`navigation help or for specific music or . . . .
`Lind (Ex. 1004), I2I-2
`
`35
`
`
`
`The Voice Recognition Systems of Ito and Lind
`Describe the Claimed “Digitized Speech”
`
`West View admits that, for speech to be recognized, it must be
`digitized:
`“All speech recognition systems inherently digitize the speaker’s
`analog voice.”
`
`Ex. 1009, p. 729
`
`West View only argues that the prior art does not specify where, or
`by what components, the speech is digitized. Response, at 25–30. No
`such limitations are claimed.
`
`36
`
`
`
`Claim 22: Ito and Lind Describe Searching a
`Network for Information
`
`Ito (Ex. 1003), 8:28-50
`
`37
`
`
`
`Claim 22: Ito and Lind Describe Searching a
`Network for Information
`
`Speech Recognition and Text-to-Speech System
`
`IBM has modified its advanced speech
`recognition and text-to-speech system, ViaVoiceTM,
`for the automotive environment. ViaVoice allows
`the driver to access virtually all
`the vehicle’s
`features through voice commands and enables the
`vehicle to talk back using synthesized speech. For
`example, the driver can: execute vehicle system
`commands such as lock doors, play CD, and
`change radio station, request travel directions and
`traffic updates from the Web or other sources,
`check . . . .
`Lind (Ex. 1004), I2I-3
`
`The voice recognition technology allows drivers
`and passengers to verbally request and listen to e-
`mail messages, locate a restaurant or hotel, ask for
`navigation help or for specific music or . . . .
`Lind (Ex. 1004), I2I-2
`
`38
`
`
`
`Claim 22: Ito and Lind Describe Display of Received
`Content Selected from Digitized Speech
`
`Ito (Ex. 1003), Fig. 9
`
`39
`
`
`
`Claim 22: Ito and Lind Describe Display of Received
`Content Selected from Digitized Speech
`
`Lind (Ex. 1004), Fig. 9
`
`40
`
`
`
`Claim 22: Ito and Lind Describe Display of Received
`Content Selected from Digitized Speech
`
`Lind (Ex. 1004), Fig. 9
`
`41
`
`
`
`Differences Between Claim 42 and Claim 22 are
`Highlighted Below
`
`42
`
`
`
`Claim 42: Ito and Lind Describe Receiving
`Information by Network Interface
`
`Ito (Ex. 1003), 15:30-38
`
`The off-board network is shown in Figure 3.
`The high bandwidth requirements for on-demand
`audio and video functions are fulfilled with
`DirecPC and DirecTV satellite broadcasts. A
`wireless modem provides the uplink out of the
`vehicle directly to Internet service providers. The
`downlink return path from the Internet
`to the
`Network Vehicle can come through either the
`satellite (400 kbps), or
`through the wireless
`modem. The downlink satellite video and data
`signals are collected by the Network Vehicle’s
`roof-mounted antenna and processed by their
`respective receivers.
`Lind (Ex. 1004), I2I-2
`
`43
`
`
`
`Claim 42: Ito and Lind Describe Map and/or
`Directions Information
`
`Ito (Ex. 1003), Fig. 9
`
`44
`
`
`
`Claim 42: Ito and Lind Describe Map and/or
`Directions Information
`
`Lind (Ex. 1004), Fig. 9
`
`45
`
`
`
`The Prior Art Describes Claim 48 as it Describes
`Claim 22 and Claim 42
`Claim 48 is similar to claims 22
`and 42, so that the prior art,
`including Ito and Lind, describes
`claim 48 in the same way that the
`prior art describes claims 22 and
`42.
`
`46
`
`
`
`Differences Between Claim 77 and Claims 22, 42,
`and 48 are Highlighted Below
`
`47
`
`
`
`The Voice Recognition Systems of Ito and Lind
`Describe the Claimed “Computerized Logic Means
`Configured to . . . Obtain Digitized Speech”
`
`West View does not dispute that the term, “computerized logic means
`configured to . . obtain digitized speech,” should be given its broadest
`reasonable construction, in view of the specification; and West View does
`not propose any construction.
`
`West View only argues that the term cannot be interpreted as “a speech
`recognition module” for the same reasons it rejects Petitioner’s broadest
`reasonable interpretation of “digitized speech” – that is, that the prior art
`does not specify where, or by what components, the speech is digitized.
`Response, at 38–40.
`
`However, West View’s arguments only relate to unclaimed subject matter.
`Claims 22, 42, 75, and 77 only require “digitized speech,” and do not
`specify the location of the recognition or the bandwidth of the wireless link.
`
`48
`
`
`
`Claim 77: Ito and Lind Describe Visual Directions
`Including Lines or Arrows
`
`Ito (Ex. 1003), Fig. 9
`
`49
`
`
`
`Claims 22, 42, and 77 are Obvious in View of Ito and
`Lind
`It would have been obvious to use the vehicle computer and display system described by Ito in
`the Network Vehicle described by Lind.
`
`Just as the ’037 patent purports to solve problems related to “obtaining and displaying
`information,” (Ex. 1001, Abstract) and to “allowing the occupants of the elevator . . . to use their
`time more efficiently and obtain needed information” (Ex. 1001, 4:1-7), the cited prior art
`address problems related to displaying information, and in particular, navigation information, in a
`useful manner.
`
`Like the ’037 patent, Lind addressed this same desire to take advantage of time otherwise wasted
`by people waiting to get somewhere. Lind explains that its vehicle computing system is “aimed at
`offering more productivity tools, convenience, safety, and entertainment to millions of
`commuters who spend hours each day cruising the roads or stuck in traffic.” Lind (Ex. 1004),
`I21-1.
`
`Ito explains that its communications navigation system simplifies the structure of the navigation
`apparatus, and can carry out route guidance even if the amount of transmitted data is reduced. Ito
`(Ex. 1003), 2:64-67, 3:2-3.
`
`50
`
`
`
`Other Prior Industry Development Shows the
`Obviousness of the ’037 Patent
`Several years before the earliest filing date referred to on the face of
`the ’037 patent, June 10, 1999, as well as contemporaneously to the
`filing of the ’037 patent, other companies developed, and were
`developing, vehicles with Internet connectivity, speech-recognition
`functionality, and navigation functionality:
`• Volkswagen Infotainment Car
`• Connected CarPC
`• Daimler-Benz Internet Multimedia on Wheels Concept Car
`• Microsoft’s Auto PC
`• Visteon’s ICES system
`
`See Andrews Decl. (Ex. 1002), ¶¶ 22-32.
`
`51
`
`
`
`Other Prior Industry Development Shows the
`Obviousness of the ’037 Patent
`Volkswagen was working on a “multimedia car” and presented its
`“Infotainment Car,” in Hannover, Germany in 1996; the Infotainment
`Car included, for example, a PC with Internet connectivity. Andrews
`Decl. (Ex. 1002), ¶ 28.
`
`Ex. C to Andrews Decl., VW is working on a mutlimedia
`car, Reuters AG, April 22, 1996
`
`52
`
`
`
`Other Prior Industry Development Shows the
`Obviousness of the ’037 Patent
`In 1997, the Connected Car PC included communication links that
`were being used in automobiles to provide, for example, traffic
`information, Internet access to find hotels, restaurants, and travel
`guides, and to schedule maintenance, perform remote diagnostics and
`receive software updates. The “Connected CarPC environment”
`provided, for example, speech recognition functionality and Internet
`access. Andrews Decl. (Ex. 1002), ¶ 29.
`
`Ex. D to Andrews Decl., In-Car Computing and
`Communication Enables Entertainment, Productivity and
`Information, Dedicated Conference on ATT/ITS Advances
`for Enhancing Passenger, Freight & Intermodal
`Transportation Systems, p. 411417 (1997)
`
`53
`
`
`
`Other Prior Industry Development Shows the
`Obviousness of the ’037 Patent
`Daimer-Benz Internet Multimedia on Wheels Concept Car included an on-board,
`integrated wireless communication system and the computing infrastructure to provide
`Internet connectivity, and it allowed drivers to access voice-mail, e-mail, and travel-
`related information such as restaurant guides and movie theater locations in a hands-
`free, eyes-free manner through voice commands and speech technology. Andrews
`Decl. (Ex. 1002), ¶ 30.
`
`Ex. E to Andrews Decl., Jameel et al., Internet Multimedia
`on Wheels: Connecting Cars to Cyberspace , p. 638 (IEEE
`1998)
`
`54
`
`
`
`Other Prior Industry Development Shows the
`Obviousness of the ’037 Patent
`Microsoft’s Auto PC brought the benefits of interactive speech
`technology, connectivity, information on demand, and enhanced
`entertainment to the automobile. Andrews Decl. (Ex. 1002), ¶ 31.
`
`Ex. G to Andrews Decl., Jost, The Car as a Mobile-Media
`Platform, Automotive Engineering International, pp. 4953
`(May 1998)
`
`55
`
`
`
`Other Prior Industry Development Shows the
`Obviousness of the ’037 Patent
`Visteon’s ICES system included a voice-activated control system that allows drivers to
`control vehicle functions that are usually operated manually. In addition, through
`speech recognition, the driver could send e-mail, obtain turn-by-turn GPS-based
`navigation to a specific destination, ask for traffic and weather conditions, locate a
`restaurant or hotel, or change the musical selection on the stereo. The system further
`included wireless internet connectivity “used for vehicle-to-roadside assistance or to
`receive e-mail and Internet information.” Andrews Decl. (Ex. 1002), ¶ 32.
`
`Ex. G to Andrews Decl., Jost, The Car as a
`Mobile-Media Platform, Automotive
`Engineering International, pp. 4953 (May 1998)
`
`Ex. G to Andrews Decl., Jost, The Car as a
`Mobile-Media Platform, Automotive
`Engineering International, pp. 4953 (May 1998)
`
`56
`
`
`
`Claim 75: Ito, Lind, and Hsieh Describe A
`Substantially Flush Display
`
`Driver and Center Console Displays
`The Network Vehicle is equipped
`with three displays for the driver: the head-
`down display (HDD), the head-up display
`(HUD), and the center console display.
`Lind (Ex. 1004), I2I-3
`
`touch-screen
`The center console’s
`interface
`for
`LCD serves
`as
`a user
`the Network
`controlling nearly all of
`Vehicle’s multimedia
`functions,
`(office,
`navigation, entertainment, and information).
`When in entertainment . . . .
`Lind (Ex. 1004), I2I-3
`
`57
`
`
`
`Claim 75: Ito, Lind, and Hsieh Describe Doors
`
`Lind (Ex. 1004), Fig. 1
`
`58
`
`
`
`Claim 75: Ito, Lind, and Hsieh Describe Video Data
`From Cameras Surrounding the Transport Device
`
`Hsieh (Ex. 1006), 2:7-26
`
`59
`
`
`
`Claim 75: Ito, Lind, and Hsieh Describe Voice
`Communication with Remote Monitoring Station
`The Network Vehicle
`also has
`an
`integrated cellular phone, Netscape . . . .
`Lind (Ex. 1004), I2I-2
`
`Lind (Ex. 1004), I2I-6
`
`the diagnostic
`An application monitors
`information available from components in
`the engine compartment.
`Should the
`diagnostics indicate that the latest reading
`from engine sensors falls outside a normal
`range,
`the
`application can notify the
`customer
`service Web site, where the
`severity of the reading can be determined.
`According to this determination, the control
`on the Network Vehicle could be used by
`the service representative to alert the driver;
`the alert could be done using text-to-speech
`and head-up display, and then features of
`the . . . .
`Lind (Ex. 1004), I2I-5
`
`60
`
`
`
`The Prior Art Describes Voice Communication, and
`Communication with Remote Monitoring Station
`
`West View does not dispute that the term, “a communication apparatus
`configured to enable at least voice communication by a passenger with a
`remote monitoring station” should be given its broadest reasonable
`construction, in view of the specification; and West View does not propose
`any construction.
`
`This limitation is obvious in view of the prior art, including Lind’s
`description of a communication apparatus enabling voice communication
`by a passenger (Lind’s cellular phone), and communication with a remote
`monitoring station (Lind’s diagnostic monitoring application that interfaces
`with a customer service provider to remotely monitor the vehicle status.
`
`West View does not assert that this claim limitation distinguishes the claims
`from the prior art.
`
`61
`
`
`
`Claim 75 is Obvious in View of Ito, Lind, and Hsieh
`
`It would have been obvious to use the rear-facing video camera described by Hsieh in
`the vehicle systems described by Ito and Lind to, for example, “provide a vehicle
`monitoring apparatus including a rear video camera mounted on a rear portion of a
`vehicle . . . to transmit a ‘picture’ of the subject positioned at the rear side of the
`vehicle to display a picture on a television placed in the vehicle.” Hsieh (Ex. 1006),
`1:39-53.
`
`A rear-facing camera would provide the systems of Ito and Lind with a back-up
`camera, and would utilize existing computing technology and display already
`available in the systems of Ito and Lind, such as video displays.
`
`See Andrews Decl. (Ex
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