UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`VOLKSWAGEN GROUP OF AMERICA, INC.
`
`Petitioner
`
`
`Patent No. 8,719,037
`Issue Date: May 6, 2014
`Title: TRANSPORT APPARATUS WITH COMPUTERIZED
`INFORMATION AND DISPLAY APPARATUS
`__________________________________________________________________
`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,719,037
`PURSUANT TO 35 U.S.C. § 312 and 37 C.F.R. § 42.104
`
`Case No. IPR2016-00123
`__________________________________________________________________
`
`
`
`
`
`
`
`

`
`
`
`I. 
`II. 
`III. 
`
`TABLE OF CONTENTS
`Mandatory Notices (37 C.F.R. § 42.8) ........................................................... 1 
`Grounds for Standing (37 C.F.R. § 42.104(a)) ............................................... 2 
`Identification of Challenge (37 C.F.R. § 42.104(b)(1)-(3)) and Relief
`Requested (37 C.F.R. § 42.22(a)(1)) .............................................................. 2 
`A. 
`Background of the ’037 Patent ............................................................. 2 
`B. 
`Patents and Printed Publications Relied On ......................................... 4 
`C. 
`Statutory Grounds for Challenge (37 C.F.R. § 42.104(b)(1)-(2)) ........ 6 
`D. 
`Claim Construction (37 C.F.R. § 42.104(b)(3)) ................................... 6 
`E. 
`The Differences Between the Challenged Independent Claims........... 9 
`IV.  How
`the Challenged Claims are Unpatentable (37 C.F.R. §
`42.104(b)(4)-(5)) ............................................................................................. 9 
`A. 
`Claims 22, 37, 42, 48, 71, 72, and 77 are Obvious in View of
`the Disclosures of Ito and Lind ............................................................ 9 
`1. 
`Claims 22, 37, 42, 48, and 77 .................................................. 12 
`2. 
`Claims 71 and 72...................................................................... 24 
`3. 
`Obviousness in View of Ito and Lind ...................................... 26 
`4. 
`The Level of Skill in the Industry ............................................ 27 
`5. 
`Claim Charts ............................................................................ 28 
`Claim 1 is Obvious in View of the Disclosures of Ito, Lind, and
`Fujiwara .............................................................................................. 44 
`1. 
`Claim 1 ..................................................................................... 45 
`2. 
`Obviousness in View of Ito, Lind, and Fujiwara ..................... 48 
`3. 
`Claim Chart .............................................................................. 51 
`Claims 73 and 75 are Obvious in View of the Disclosures of
`Ito, Lind, and Hsieh ............................................................................ 55 
`1. 
`Claims 73 and 75...................................................................... 55 
`2. 
`Obviousness in View of Ito, Lind, and Hsieh .......................... 56 
`3. 
`Claim Charts ............................................................................ 59 
`Conclusion .................................................................................................... 60 
`
`B. 
`
`C. 
`
`V. 
`
`i
`
`

`
`
`
`
`
`
`Exhibit 1001
`
`Exhibit 1002
`
`Exhibit 1003
`
`Exhibit 1004
`
`
`Exhibit 1005
`
`
`Exhibit 1006
`
`Exhibit 1007
`
`Exhibit 1008
`
`Exhibit 1009
`
`
`Exhibit 1010
`
`
`Exhibit 1011
`
`
`Exhibit 1012
`
`LISTING OF EXHIBITS
`
`U.S. Patent No. 8,719,037 to Gazdzinski
`
`Declaration of Scott Andrews
`
`U.S. Patent No. 6,249,740 to Ito et al.
`
`The Network Vehicle - A Glimpse into the Future of
`Mobile Multi-Media, by R. Lind et al. , The 17th DASC –
`The AIAA/IEEE/SAE Digital Avionics Systems
`Conference – Bellevue, WA – Oct. 31-Nov. 7, 1998 –
`Proceedings
`
`European Patent Application Publication No. 0 829 704
`to Fujiwara et al.
`
`U.S. Patent No. 5,574,443 to Hsieh
`
`Redline Comparison of Challenged Independent Claims
`
`U.S. Patent No. 5,274,560 to LaRue
`
`“Plaintiff and Counter-Defendant West View Research,
`LLC’s Revised Disclosure of Asserted Claims and
`Infringement Contentions, Pursuant to Patent L.R. 3.1
`and the June 10, 2015 Court Order,” dated June 26, 2015
`
`U.S. Copyright Registration No. TX 4-900-822, “1998
`IEEE/AIAA 17th Digital Avionics Systems Conference -
`Oct 31, 1998 - Bellevue, WA - (98CH36267),” dated
`December 8, 1998
`
`Library of Congress Public Catalog Information, 17th
`DASC: The AIAA/IEEE/SAE Digital Avionics Systems
`Conference: Proceedings:
`[Electronics
`in motion]:
`Bellevue, WA, Oct. 31-Nov. 7, 1998
`
`MARC Tags corresponding to Library of Congress
`ii
`
`

`
`
`
`
`Exhibit 1013
`
`
`Exhibit 1014
`
`
`Exhibit 1015
`
`
`Exhibit 1016
`
`Information, 17th DASC: The
`Public Catalog
`AIAA/IEEE/SAE Digital Avionics Systems Conference:
`Proceedings: [Electronics in motion]: Bellevue, WA, Oct.
`31-Nov. 7, 1998
`
`The Network Vehicle - A Glimpse into the Future of
`Mobile Multi-Media, by R. Lind et al., SAE Technical
`Paper Series 982901
`
`U.S. Copyright Registration No. TX 5-149-812,
`“November 1998 Quarterly Technical Papers on
`Microfiche (MICQ-N98),” dated June 2, 2000
`
`U.S. Copyright Office Public Catalog Information,
`“Quarterly technical papers on microfiche,” ISSN 0148-
`7191
`
`Society of Automotive Engineers (SAE), Abstract, “The
`Network Vehicle - A Glimpse into the Future of Mobile
`Multimedia,” Paper No. 982901, http://papers.sae.org/
`982901/
`
`iii
`
`

`
`
`
`I. Mandatory Notices (37 C.F.R. § 42.8)
`Real Party-in-Interest: Volkswagen Group of America, Inc. (“VWGoA”), which is
`
`a subsidiary of Volkswagen AG.
`
`Related Matters: The following judicial matter may affect, or may be affected by, a
`
`decision in this inter partes review: West View Research, LLC v. Audi AG, et al.,
`
`No. 3:14-cv-02668-BAS-JLB (S.D. Cal.), naming as defendants: VWGoA d/b/a
`
`Audi of America, Inc.; Volkswagen AG (which, as indicated as above, is the parent
`
`of VWGoA); and Audi AG (which is a subsidiary of Volkswagen AG). In this
`
`litigation, West View has accused, for example, a “2015/2016 VW Golf GTI with
`
`MIB-II Infotainment System with Mirrorlink Functionality,” a “2016 Q7 with
`
`‘Android Auto’ (Android Smartphone Integration),” and a “2015 Audi A3 with
`
`MMI/Connect providing driving directions/maps and other information” as
`
`infringing the claims of U.S. Patent No. 8,719,037 (“the ’037 patent”), which is
`
`being challenged by this petition. See, Ex. 1009.
`
` The following judicial matters in the Southern District of California may affect,
`
`or may be affected by, a decision in this inter partes review: West View Research,
`
`LLC v. Bayerische Motoren Werke AG, et al. (3:14-cv-02670); West View
`
`Research, LLC v. Hyundai Motor Company, Ltd., et al. (3:14-cv-02675); West
`
`View Research, LLC v. Nissan Motor Company, Ltd., et al. (3:14-cv-02677); and
`
`West View Research, LLC v. Tesla Motors, Inc. (3:14-cv-02679).
`
`1
`
`

`
`
`
` The following administrative matters may affect, or may be affected by, a
`
`decision in this inter partes review: IPR2015-01941; IPR2016-00124; IPR2016-
`
`00125; IPR2016-00137; IPR2016-00146; IPR2016-00156; IPR2016-00177; U.S.
`
`Patent Nos. 8,447,612; 8,117,037; 7,711,565; 7,093,693; 6,988,071; 6,615,175.
`
`Lead Counsel: Michael J. Lennon (Reg. No. 26,562).
`
`Backup Counsel: Clifford A. Ulrich (Reg. No. 42,194) and Michelle M. Carniaux
`
`(Reg. No. 36,098).
`
`Service: VWGoA agrees to electronic service at the following email addresses:
`
`mlennon@kenyon.com, culrich@kenyon.com, and mcarniaux@kenyon.com.
`
`Service may be made at the following address: Kenyon & Kenyon LLP, One
`
`Broadway, New York, NY 10004 (Tel.: 212-425-7200; Fax: 212-425-5288).
`
`II. Grounds for Standing (37 C.F.R. § 42.104(a))
` VWGoA certifies that the ’037 patent is available for inter partes review and
`
`that it is not barred or estopped from requesting an inter partes review challenging
`
`the patent claims on the grounds identified in this petition.
`
`III. Identification of Challenge (37 C.F.R. § 42.104(b)(1)-(3)) and Relief
`Requested (37 C.F.R. § 42.22(a)(1))
` VWGoA challenges claims 1, 22, 37, 42, 48, 71, 72, 73, 75, and 77 of the ’037
`
`patent under 35 U.S.C. § 103, and cancelation of these claims is requested.
`
`A. Background of the ’037 Patent
` The ’037 patent issued on May 6, 2014, from U.S. Patent Application Serial
`
`No. 13/737,853 (“the ’853 application”), filed January 9, 2013. The ’037 patent
`2
`
`

`
`
`
`claims to be a continuation or division of a number of prior applications, the
`
`earliest of which was filed on June 10, 1999.1 The ’037 patent describes an
`
`information system for use in an elevator, although it states that the disclosed
`
`systems and methods may also be useful in other similar types of personnel
`
`transport devices (i.e., devices that transport large numbers of people and
`
`equipment between two locations on a routine basis) such as trams, shuttles, and
`
`moving walkways. Ex. 1001, 6:44-45; 2:34-39; 6:34-39; Ex. 1002, ¶ 3. The
`
`elevator information system is responsive to verbal commands. Ex. 1001, 6:43-65;
`
`Ex. 1002, ¶ 3. Signals captured by a microphone 118 as part of a speech
`
`recognition module 104 are digitized by an analog to digital converter 141 and
`
`processed using a speech recognition algorithm to produce digital representations
`
`of the user’s speech. Ex. 1001, 7:30-34; Ex. 1002, ¶ 3. The digital representations
`
`are compared to a speech library to identify matching known words and the desired
`
`functionality is implemented. Ex. 1001, 7:34-40; Ex. 1002, ¶ 3.
`
` One function of the display device includes accessing a network via 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.
`
`
`1 VWGoA does not concede that any claim of the ’037 patent is entitled to a filing
`
`date earlier than the January 9, 2013 filing date of the ’853 application.
`
`3
`
`

`
`
`
`For example, URLs for news headlines, weather, sports scores, financial data,
`
`directions to local airports or public transportation, etc., may be provided. Ex.
`
`1001, 11:10-22; Ex. 1002, ¶ 4.
`
` Of the challenged claims, claims 1, 22, 37, 42, 48, and 77 are independent;
`
`challenged claims 71, 72, 73, and 75 ultimately depend from claim 48.
`
`B. Patents and Printed Publications Relied On
`1. U.S. Patent No. 6,249,740 (“Ito,” Ex. 1003), filed January 21, 1999, constitutes
`
`prior art against the ’037 patent under at least 35 U.S.C. § 102(e).
`
`2. The Network Vehicle - A Glimpse into the Future of Mobile Multi-Media, by R.
`
`Lind, et al. (“Lind,” Ex. 1004), published by the Institute of Electrical and
`
`Electronics Engineers (IEEE) and presented at the 1998 IEEE/AIAA 17th Digital
`
`Avionics Systems Conference on October 31, 1998, bearing a copyright notice
`
`dated 1998 (see Ex. 1004, p. ii, “Copyright © 1998 by the Institute of Electrical
`
`and Electronics Engineers, Inc.”), bearing a Library of Congress and Copyright
`
`Office date stamp of December 8, 1998 (see Ex. 1004, page after p. xv), registered
`
`with and deposited in the U.S. Copyright Office on December 8, 1998 (see Ex.
`
`1010, also stating October 31, 1998 as the date of first publication in the U.S.),
`
`constitutes prior art against the ’037 patent under at least 35 U.S.C. § 102(a).2
`
`
`2 Page ii of Ex. 1004 states a Library of Congress Control Number (LCCN) of 98-
`
`
`
`4
`
`

`
`
`
`3. European Patent Application Publication No. 0 829 704 (“Fujiwara,” Ex. 1005),
`
`published March 18, 1998, constitutes prior art against the ’037 patent under 35
`
`U.S.C. § 102(b).
`
`4. U.S. Patent No. 5,574,443 (“Hsieh,” Ex. 1006), issued November 12, 1996,
`
`constitutes prior art against the ’037 patent under 35 U.S.C. § 102(b).
`
`
`86916. The U.S. Library of Congress’s online catalog record, Ex. 1011, for this
`
`LCCN demonstrates that Lind was indexed under LC Classification and Call No.
`
`“TL693 .D55 1998” and under Dewey Class No. 629.135. According to Ex. 1012,
`
`the Library of Congress record for Lind was last updated on April 16, 1999 at
`
`3:16:32.8 p.m. (MARC Tag 005 specifies the date and time of the latest record
`
`transaction in the format yyyymmddhhmmss.f (see http://www.loc.gov/marc/
`
`authority/ad005.html); the MARC Tag 005 field for Lind is 19990416151632.8,
`
`which translates to April 16, 1999 at 3:16:32.8 p.m.). Lind was also published with
`
`minor differences in 1998 by the Society of Automotive Engineers as SAE
`
`Technical Paper Series 982901, Ex. 1013. Ex. 1014 is the U.S. Copyright
`
`Registration for Ex. 1013, stating a November 1998 date of first publication in the
`
`U.S., Ex. 1015 is the U.S. Copyright Office’s public catalog record for Ex. 1013,
`
`stating November 1998 date of publication of Ex. 1013, and Ex. 1016 is the SAE’s
`
`abstract for Ex. 1013, stating a November 1998 date of publication of Ex. 1013.
`
`5
`
`

`
`
`
`
`
`Ito, Lind, Fujiwara, and Hsieh were not cited by Mr. Gazdzinski or the
`
`Examiner during prosecution of the ’037 patent.
`
`C. Statutory Grounds for Challenge (37 C.F.R. § 42.104(b)(1)-(2))
`1. Claims 22, 37, 42, 48, 71, 72, and 77 are obvious under 35 U.S.C. § 103(a) in
`
`view of Ito and Lind.
`
`2. Claim 1 is obvious under 35 U.S.C. § 103(a) in view of Ito, Lind, and Fujiwara.
`
`3. Claims 73 and 75 are obvious under 35 U.S.C. § 103(a) in view of Ito, Lind, and
`
`Hsieh.
`
`D. Claim Construction (37 C.F.R. § 42.104(b)(3))
` Generally, the claim terms in an unexpired patent should be given their broadest
`
`reasonable construction in view of the specification. 37 C.F.R. § 42.100(b). Claim
`
`terms are generally presumed to take on their ordinary and customary meaning.
`
` Claim 77 recites four elements that include the word “means”: (1) “wireless
`
`network interface means;” (2) “processing means;” (3) “display device means;”
`
`and (4) “computerized logic means.” When a claim term uses the word “means,” a
`
`rebuttable presumption that 35 U.S.C. § 112(6) applies is created. Personalized
`
`Media Comm’s, LLC v. ITC, 161 F.3d 696, 703-04 (Fed. Cir. 1998).
`
` The term “wireless network interface means” is not subject to 35 U.S.C. §
`
`112(6), since claim 77 does not recite a function corresponding to the “means.”
`
`Cole v. Kimberly-Clark Corp., 102 F.3d 524, 531 (Fed. Cir. 1996) (the perfunctory
`
`addition of the word “means” does not render a claim subject to 35 U.S.C. §
`
`6
`
`

`
`
`
`112(6), as the claim recited the necessary structure.).
`
` The term “processing means … for data processing” is subject to 35 U.S.C. §
`
`112(6) since it is expressed as a “means” for performing a function, “data
`
`processing,” without reciting structure in support thereof. The ’037 patent
`
`describes that “the processor 106, video RAM 107, storage device 108, 110, and
`
`other components (including necessary power supplies, not shown) are disposed
`
`within equipment storage housings (not shown)” as an “arrangement … used
`
`primarily to allow rapid access to and processing of data by the system 100.” Ex.
`
`1001, 8:34-41. Therefore, the “processing means … for processing data” recited in
`
`claim 77 should be construed to mean “a processor” and equivalents thereof.3
`
` The term “display device means” is subject to 35 U.S.C. § 112(6), since it is
`
`expressed as a means for performing a function, “displaying information,” without
`
`reciting structure in support thereof. Figures 1 and 2 show a touch sensitive display
`
`113 which generates a variety of different messages or display formats based on
`
`the user’s input and query; thus, the display 113 displays information. Ex. 1001,
`
`
`3 The video RAM 107, storage devices 108, 110, power supplies, and equipment
`
`housings, which are not necessary for performing the claimed function of
`
`“processing data,” do not constitute “corresponding structure.” Northrop Grumman
`
`Corp. v. Intel Corp., 325 F.3d 1346 (Fed. Cir. 2003).
`
`7
`
`

`
`
`
`8:16-19. Additionally, the display device 113 is shown “displaying information” in
`
`Figure 5. According to the ’037 patent, the display devices include “low profile
`
`capacitive LCD touch screen devices of the type well known in the art, although
`
`other types of displays, including ‘flat’ cathode ray tubes, plasma, or TFT displays
`
`may be used.” Ex. 1001, 8:21-25. Therefore, the “display device means” recited in
`
`claim 77 should be construed to mean “an LCD touch screen device, cathode ray
`
`tube, plasma, or TFT display” and equivalents thereof.
`
` The term “computerized logic means” is subject to 35 U.S.C. § 112(6), since it
`
`is expressed as a means for performing the functions of: (i) obtaining digitized
`
`speech generated based on speech received from the occupant, the received speech
`
`comprising a request for desired information which the occupant wishes to obtain;
`
`(ii) causing access of a remote network entity via the network interface to cause
`
`retrieve of the desired information; and (iii) receiving the desired information via
`
`the network interface means, without reciting structure in support thereof.
`
`Regarding the function of “obtaining digitized speech,” the ’037 patent describes a
`
`“speech recognition module 104” that “takes the analog signal from the
`
`microphone 118 and converts it to a digital format by way of the DSP 125 and
`
`compression algorithm.” Ex. 1001, 9:52-56. Regarding the functions of “causing
`
`access of a remote network entity” and “receiving the desired information,” the
`
`’037 patent describes a central processor 106 that “downloads data from an
`
`8
`
`

`
`
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`external source via the network interface 300.” Ex. 1001, 12:34-39. According to
`
`the ’037 patent, the central processor “is optimally an Intel Pentium II®-based
`
`design, although others, such as the AMD K600-series processors, may be used in
`
`place of the Pentium II®.” Ex. 1001, 7:46-50. Therefore, the computerized logic
`
`means of claim 77 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.
`
`E. The Differences Between the Challenged Independent Claims
` The six challenged independent claims of the ’037 patent (claims 1, 22, 37, 42,
`
`48, and 77) are similar to one another, but they claim slightly different apparatuses
`
`that require the delivery of information from a remote network location to a
`
`transport apparatus, which includes a display for displaying that information. A
`
`table showing the differences between all six claims is attached as Exhibit 1007.
`
`IV. How the Challenged Claims are Unpatentable (37 C.F.R. § 42.104(b)(4)-
`(5))
`A. Claims 22, 37, 42, 48, 71, 72, and 77 are Obvious in View of the
`Disclosures of Ito and Lind
` As described in detail below, claims 22, 37, 42, 48, 71, 72, and 77 are obvious
`
`in view of the disclosures of Ito and Lind, and are thus invalid under 35 U.S.C. §
`
`103(a).
`
`9
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`

`
`
`
`
`
`Ito discloses a vehicle computer and display system that includes a vehicle
`
`navigation apparatus 100, mounted in a vehicle as a movable body. Ex. 1003, 8:11-
`
`16. In addition, Ito discloses a “base apparatus” 150, that wirelessly connects to the
`
`navigation apparatus, as shown in Figure 1. Id. at 10:51-57.
`
`
`
` The system 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. Speech commands are used for control of the navigation
`
`system. Id., 10:39-47. Also disclosed is a display device, which may be an LCD or
`
`a CRT display unit, equipped with a touch panel. Id., 10:48-50.
`
` Lind discloses an automobile, referred to as the Network Vehicle, that includes
`
`hardware and software that allows connections via an “off-board network” that
`
`wirelessly connects to the internet, as well as allows wireless information retrieval
`
`from other sources, e.g., DirecTV. Ex. 1004, I21-2. This off-board network is
`
`shown in Fig. 3:
`
`10
`
`

`
`
`
`
`
` Lind states that the system includes a speech recognition system that “allows
`
`the driver to access virtually all the vehicle’s features through voice commands.”
`
`Id., I21-3. The voice commands may be used for a request for travel directions and
`
`traffic updates from the web, and requests for news, sports, and stock information.
`
`Id. This information from the web, as shown in Figure 3 is received wirelessly. Id.,
`
`I21-2.
`
` Lind also discloses at least three display devices, including a heads-up display
`
`projected on the windshield in front of the driver, as well as two other displays
`
`inside the vehicle. Ex. 1004, I21-3. On the heads-up display, the Network Vehicle
`
`can display, e.g., navigation information. Id. The “center console’s touch-screen
`
`LCD” (Id., I21-3) may also display navigation information, as shown in Fig. 9:
`
`
`
`
`
` As described below, Ito and Lind disclose all of the limitations of claims 22, 37,
`
`42, 48, and 77 of the ’037 patent.
`
`11
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`

`
`
`
`
`
`1. Claims 22, 37, 42, 48, and 77
`i. Claims 22, 37, 42, 48, 77: “a [land-mobile] [personnel] transport
`[apparatus] / [device] configured to transport one or more persons
`from one location to another, comprising:”
`Ito discloses that the system may be provided in “a vehicle such as an
`
`automobile,” which is a land-mobile personnel transport apparatus (or device) that
`
`transports one or more persons from one location to another. Ex. 1003, 1:19-21;
`
`Ex. 1002, ¶ 5. Lind also discloses that the system is in an automobile. Ex. 1004,
`
`Fig. 1; I21-1 (“The Network Vehicle is the Delphi Automotive Systems’ vision for
`
`the future convergence of computers, the communications infrastructure, and the
`
`automobile.”); Ex. 1002, ¶ 5.
`
`ii. Claims 22, 37, 42, 48, 77: “a passenger compartment”
`Ito and Lind disclose systems that are in automobiles, which include passenger
`
`
`
`compartments. Ex. 1003, 1:19-21; Ex. 1004, I21-1, Fig. 7; Ex. 1002, ¶ 6.
`
`iii. Claims 22, 37, 42, 48, 77: “computerized information and display
`apparatus disposed at least partly within the passenger
`compartment, the information and display apparatus comprising”
` The apparatus 100 described by Ito is a “computerized information and display
`
`apparatus,” and is disposed at least partially within the passenger compartment. Ex.
`
`1002, ¶ 6. Ito discloses that the apparatus 100 is “mounted in a vehicle.” Ex. 1003,
`
`8:11-16. The apparatus 100 includes a “processing section 101” and “a display
`
`106.” Id., 9:51-67. In Ito, the display 106 is a touch panel display and is positioned
`
`within the passenger compartment so that a user can access and use it. Ex. 1002, ¶
`
`12
`
`

`
`
`
`7; Ex. 1003, 10:39-45.
`
` Lind discloses that the “on board system” (which is located on-board the
`
`vehicle) contains a “network computer,” (Ex. 1004, I21-2) and “three displays for
`
`the driver” as well as a “touch-screen LCD” on the center console that “serves as a
`
`user interface” (Id., I21-2, I21-3). This on-board system is a “computerized
`
`information and display apparatus,” and at least the driver displays and the touch-
`
`screen LCD on the center console are located in the passenger compartment. Ex.
`
`1002, ¶ 6.
`
`iv. Claims 22, 37, 42, 48, 77: “a wireless network interface [means]”
`Ito discloses that the “transmitting and receiving section 108” in the apparatus
`
`
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`100 communicates with the base station and “includes devices such as a modem
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`and the like.” Ex. 1003, 10:51-57; Ex. 1002, ¶ 7. Additionally, Ito discloses that the
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`connection may “utilize systems such as car phones, portable phones PHS or the
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`like.” Id. These systems are wireless, and the transmitting and receiving section
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`108 interfaces with the wireless network. Ex. 1002, ¶ 7.
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` Lind discloses that “‘smart’ features are enabled mainly because of the real-
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`time data-streaming capabilities over a wireless network.” Ex. 1004, I21-2; Ex.
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`1002, ¶ 7. The Network Vehicle can connect to the internet via a wireless modem
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`or via a satellite link (the roof-mounted antenna being provided to receive data via
`
`the DirecPC satellite internet service). Ex. 1004, p. I21-2; Ex. 1002, ¶ 7.
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`13
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` As discussed in Section (III)(D), above, at page 6, the “wireless network
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`interface means” recited in claim 77 is not subject to 35 U.S.C. §112(6) and is met
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`by the wireless network interfaces disclosed by Ito and Lind.
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`v. Claims 22, 37, 42, 48, 77: “processing [apparatus] / [means] in
`data communication with the network interface [for processing
`data]”
`Ito discloses that a CPU is the “main component” of the processing section 101.
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`
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`Ex. 1003, 9:51-67. As shown in Fig. 1 of Ito, processing section 101 is connected
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`to and in data communication with the network interface (transmitting and
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`receiving section 108). Ex. 1002, ¶ 8.
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`
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` Lind discloses
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`that
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`the Network Vehicle
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`includes,
`
`for example,
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`“microprocessors.” Ex. 1004, I21-1; Ex. 1002, ¶ 9. As shown in Fig. 2, Lind
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`discloses that the “network computer” is in communication with at least the
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`antenna for DirecPC (Ex. 1002, ¶ 9) which, as stated in Section IV(A)(1)(iv),
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`above, at page 13, is a wireless network interface:
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`14
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` As discussed in Section (III)(D), above, at page 6, the “processing means … for
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`data processing” of claim 77 is subject to 35 U.S.C. §112(6) and should be
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`construed to mean “a processor” and equivalents thereof. Ito and Lind disclose a
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`“CPU” and “microprocessors” (Ex. 1003, 9:51-67; Ex. 1004, I21-1).
`
`vi.
` Claim 22: “a microphone”
`Ito discloses that the system includes “a data input device using voice
`
`
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`recognition.” Ex. 1003, 10:39-47. Lind discloses a speech recognition system that
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`“allows the driver to access virtually all the vehicle’s features through voice
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`commands,” Ex. 1004, I21-3. Lind discloses that a “command and control
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`application, … running on the vehicle’s main processor, … controls devices such
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`as … microphone, … and controls vehicle software, such as the voice recognition
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`… applications.” Ex. 1004, I21-6. As demonstrated, for example, by Ex. 1008,
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`5:17 and Fig. 1, voice recognition systems rely on microphones for obtaining voice
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`or speech input. Ex. 1002, ¶ 10. It is obvious from these disclosures that a
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`microphone can be used to input a user’s voice into an automotive voice
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`recognition system, such as the navigation system disclosed in Ito and the
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`ViaVoice speech recognition system disclosed in Lind. Id.
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`vii. Claims 22, 37, 42, 48, 77: “a display device [means] [configured to
`be viewable by an occupant of the [land-mobile] / [transport]
`apparatus during use] [for displaying information]”
`Ito discloses a display 106 that includes a liquid crystal display or CRT that is
`
`equipped with a touch panel. Ex. 1003, 10:48-50; Ex. 1002, ¶ 11. The display is
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`used to display information such as travel route and/or travel directions. Ex. 1003,
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`15:22-26; Ex. 1002, ¶ 11. The display device is also configured to be viewable by
`
`an occupant of the apparatus. Ex. 1002, ¶ 11.
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` Lind discloses display devices for the driver and additional display devices for
`
`the passengers. According to Lind, the center console additionally includes a
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`touch-screen LCD display. Ex. 1004, I21-3, I21-4; Ex. 1002, ¶ 11.
`
`viii. Claims 22, 37, 42, 48, 77: “[a storage apparatus comprising at
`least one computer program, said at least one program being] /
`[computerized logic] [means] configured to, when [executed] /
`[operated],”
`Ito discloses that a “program storage section 102” serves as a memory for
`
`
`
`storing the programs that are executed by the processing section 101. Ex. 1003,
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`9:51-67; Ex. 1002, ¶ 12. The program storage section 102 and processing section
`
`101 constitute “computerized logic.” Ex. 1002, ¶ 12.
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` Lind describes that the “Network Vehicle was created by integrating existing
`
`hardware and software
`
`technologies
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`including voice recognition, wireless
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`communications, global positioning via satellite, head-up displays, JavaTM
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`technology, microprocessors, Web access, and other Internet/intranet features.” Ex.
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`16
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`1004, I21-1-I21-2; Ex. 1002, ¶ 12.
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` As discussed in Section (III)(D), above, at page 8, the “computerized logic
`
`means” of claim 77 is subject to 35 U.S.C. §112(6) and should be construed to
`
`mean (a) “a speech recognition module,” and equivalents thereof, for obtaining
`
`digitized speech and (b) “a central processor, for example, an Intel Pentium II®-
`
`based design or an AMD K600-series processor,” and equivalents thereof, for
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`causing access of a remote network entity and for receiving desired information.
`
` Regarding the speech recognition module of the computerized logic means, Ito
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`describes voice recognition, in which “the user can use his/her voice to input
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`corresponding data and commands, Ex. 1003, 10:39-47, and Lind describes “voice
`
`recognition technology” that “allows drivers and passengers to verbally request
`
`and listen to e-mail messages, locate a restaurant or hotel, ask for navigation help
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`or for specific music or sports scores, and use voice-activated telephone services,”
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`Ex. 1004, I21-2.
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` Regarding the central processor of the computerized logic means, Ito describes
`
`that the processing section 101 of the apparatus 100 “is provided with a CPU as its
`
`main component” and that the program storage section 102 of the apparatus 100
`
`stores programs that are executed by the processing section 101. Ex. 1003, 9:53-
`
`67. The apparatus 100 also includes a transmitting and receiving section 108 that
`
`“serves as communications device for transmitting data to and receiving data from
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`17
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`the navigation base apparatus 150, and includes devices such as a modem and the
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`like. Id., 10:51-54. Lind describes that the Network Vehicle’s “main processor”
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`executes a command and control application that, for example, “manages off-
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`vehicle information flow” and “also interfaces via the Internet to a customer
`
`service provider.” Ex. 1004, I21-6; Ex. 1002, ¶ 12.
`
`ix. Claims 22, 37, 42, 48, 77: “obtain digitized speech based on
`speech received from [a passenger via the microphone] / [the
`occupant], the [digitized] / [received] speech comprising [a[n
`affirmative] request for] / [one or more terms relating to a] 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] / [occupant wishes to
`obtain]”
`Ito discloses that the input section may use voice recognition. Ex. 1003, 10:39-
`
`
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`47; Ex. 1002, ¶ 13. Among the inputs that the user may enter into the system are
`
`“information about the destination, such as the facility name, telephone number
`
`and address thereof, and a route search request.” Ex. 1003, 15:47-58 (emphasis
`
`added). This input is a “request for desired information,” an “affirmative request
`
`for desired information,” and also “one or more terms relating to desired
`
`information,” with the desired information being navigation data. Ex. 1002, ¶ 13.
`
`The search for this information is also a “network search,” as the system disclosed
`
`in Ito searches a remote database of location data that is stored in the database 153,
`
`which is located remotely from the vehicle navigation apparatus 100. Ex. 1003,
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`Fig. 1, 8:28-40. Also, the search is also “relating to at least one of a plurality of
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`18
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`predetermined topics of interest,” e.g., the facility name. Ex. 1002, ¶ 13.
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` Lind also discloses that the user may use voice commands to, e.g., “locate a
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`restaurant or hotel” and “ask for navigation help,” Ex. 1004, I21-2, and to “request
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`travel directions and traffic updates from the Web or other sources,” Id., p. I21-3.
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`Ex. 1002, ¶ 13.
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` Additionally, and as mentioned above, West View has admitted that “all speech
`
`recognition systems inherently digitize the speaker’s analog voice.” Ex. 1009, 729.
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`x. Claims 22, 37, 42, 48, 77: “cause, based at least in part on [the
`digitized speech] / [at least one of the one or more terms], [search]
`/ [access] of a remote network entity [via the network interface] to
`cause retrieval of the desired information”
`Ito discloses that the user inpu