UNITED STATES PATENT AND TRADEMARK OFFICE
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`______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`
`
`FORD MOTOR COMPANY
`
`Petitioner,
`
`v.
`
`PAICE LLC & ABELL FOUNDATION, INC.
`
`Patent Owner.
`
`______________
`
`
`
`U.S. Patent No. 7,104,347 to Severinsky et al.
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`IPR Case No.: IPR2015-00794
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`______________
`
`
`
`DECLARATION OF DR. GREGORY W. DAVIS IN SUPPORT
`OF INTER PARTES REVIEW UNDER 35 U.S.C. § 311 ET SEQ.
`AND 37 C.F.R. § 42.100 ET SEQ. (CLAIMS 23-30, 32, AND 39-41
`OF U.S. PATENT NO. 7,104,347)
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`TABLE OF CONTENTS
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`
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`EXHIBIT LIST ...................................................................................................................... 5
`
`I.
`
`QUALIFICATIONS AND PROFESSIONAL EXPERIENCE ....................... 7
`
`II.
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`RELEVANT LEGAL STANDARDS .................................................................. 14
`
`III. QUALIFICATIONS OF ONE OF ORDINARY SKILL IN THE ART ...... 15
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`IV.
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`STATE OF THE ART ............................................................................................ 16
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`A.
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`“Series” Hybrid Vehicle ......................................................................22
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`B.
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`“Parallel” Hybrid Vehicle ...................................................................26
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`1.
`
`2.
`
`One-Motor “Parallel” Hybrid Vehicle ............................................ 28
`
`Two-Motor “Series-Parallel” Hybrid Vehicle ................................ 33
`
`a.
`
`b.
`
`“Switching” Two-Motor “Series-Parallel” Hybrid
`Vehicles .................................................................................... 37
`
`“Power-Split” Two-Motor “Series-Parallel” Hybrid
`Vehicles .................................................................................... 40
`
`C.
`
`Hybrid Vehicle “Control Strategies” .....................................................40
`
`V.
`
`CHALLENGED CLAIMS OF THE ’347 PATENT AND
`PROPOSED CLAIM CONSTRUCTIONS ........................................................ 54
`
`VI. OVERVIEW OF THE PRIOR ART .................................................................... 55
`
`A.
`
`B.
`
`C.
`
`U.S. Patent No. 5,789,882 to Ibaraki et al. (Ibaraki ’882) ......................55
`
`U.S. Patent No. 6,116,363 to Frank (Frank) ..........................................55
`
`Engineering Fundamentals of the Internal Combustion Engine
`(Pulkrabek) ...........................................................................................56
`
`D.
`
`Fiat Conceptual Approach to Hybrid Chars Design (Vittone) ..............56
`
`E.
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`U.S. Patent No. 5,865,263 to Yamaguchi et al. (Yamaguchi) .................57
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`F.
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`U.S. Patent No. 6,003,626 to Ibaraki et al. (Ibaraki ’626) ......................58
`
`G.
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`Automotive Electronics Handbook (Jurgen) ........................................58
`
`H. U.S. Patent No. 5,823,280 (Lateur) .......................................................59
`
`VII. GROUND 1 – CLAIMS 23, 24, 28, 30, AND 32 ARE OBVIOUS
`OVER IBARAKI ’882 IN VIEW OF THE KNOWLEDGE OF A
`PERSON HAVING ORDINARY SKILL IN THE ART ................................ 59
`
`A.
`
`B.
`
`Independent Claim 23 ..........................................................................59
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`Dependent Claim 24 ...........................................................................140
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`C. Dependent Claim 28 ...........................................................................151
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`D. Dependent Claim 30 ...........................................................................162
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`E. Dependent Claim 32 ...........................................................................165
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`VIII. GROUND 2 – CLAIM 29 IS OBVIOUS OVER IBARAKI ’882 IN
`VIEW OF THE KNOWLEDGE OF A PERSON HAVING
`ORDINARY SKILL IN THE ART AND THE TEACHINGS OF
`KNOWN PRIOR ART SYSTEMS ..................................................................... 178
`
`A. Dependent Claim 29 ...........................................................................178
`
`IX. GROUND 3 – CLAIM 39 IS OBVIOUS OVER IBARAKI ’882 IN
`VIEW VITTONE, AND THE KNOWLEDGE OF A PERSON
`HAVING ORDINARY SKILL IN THE ART ................................................. 191
`
`A. Dependent Claim 39 ...........................................................................191
`
`1.
`
`2.
`
`Reason to Combine ......................................................................... 191
`
`Analysis ............................................................................................. 197
`
`X. GROUND 4 – CLAIM 40 IS OBVIOUS OVER IBARAKI ’882 IN
`VIEW OF YAMAGUCHI, AND THE KNOWLEDGE OF A
`PERSON HAVING ORDINARY SKILL IN THE ART .............................. 204
`
`A. Dependent Claim 40 ...........................................................................204
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`XI. GROUND 5 – CLAIM 41 IS OBVIOUS OVER IBARAKI ’882 IN
`VIEW OF IBARAKI ’626, AND THE KNOWLEDGE OF A
`PERSON HAVING ORDINARY SKILL IN THE ART .............................. 209
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`A. Dependent Claim 41 ...........................................................................209
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`1.
`
`2.
`
`Reason to Combine ......................................................................... 209
`
`Analysis ............................................................................................. 217
`
`XII. GROUND 6 – CLAIM 27 IS OBVIOUS OVER IBARAKI ’882 IN
`VIEW OF LATEUR, AND THE KNOWLEDGE OF A PERSON
`HAVING ORDINARY SKILL IN THE ART ................................................. 230
`
`A.
`
`B.
`
`Reasons to Combine ...........................................................................230
`
`Analysis ..............................................................................................233
`
`XIII. GROUND 7 – CLAIMS 25-26 ARE OBVIOUS OVER IBARAKI ’882
`IN VIEW OF FRANK AND THE KNOWLEDGE OF A PERSON
`HAVING ORDINARY SKILL IN THE ART ................................................. 240
`
`A.
`
`Reasons to Combine ..........................................................................240
`
`B.
`
`C.
`
`Dependent Claim 25 ..........................................................................246
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`Dependent Claim 26 ..........................................................................262
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`XIV. CONCLUSION ...................................................................................................... 270
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`Exhibit
`No.
`1401
`1402
`1403
`1404
`1405
`1406
`
`1407
`1408
`1409
`
`1410
`
`1411
`1412
`
`1413
`1414
`1415
`
`1416
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`1417
`1418
`1419
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`1420
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`1421
`1422
`1423
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`1424
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`EXHIBIT LIST
`
`Description
`US Patent 7,104,347
`Ford Letter to Paice
`US Patent 5,789,882
`US Patent 5,623,104
`US Patent 4,335,429
`Automotive Electronics
`Handbook (Jurgen)
`US Patent 5,823,280
`Declaration of Gregory Davis
`US Application 60-100095
`
`Excerpt of USPN 7,104,347 File
`History
`U.S. Patent No. 7,237,634
`7,237,634 File History (certified)
`
`Toyota Litigations
`Hyundai Litigation
`PTAB Decisions & Preliminary
`Response in 2014-00571
`Bosch Automotive Handbook
`(1996)
`US Patent 5,934,395
`US Patent 6,116,363
`Engineering Fundamentals of the
`Internal Combustion Engine
`Fiat Conceptual Approach to
`Hybrid Cars Design (Vittone)
`US Patent 5,865,263
`US Patent 6,003,626
`Innovations in Design: 1993 Ford
`Hybrid Electric Vehicle Challenge
`1996 & 1997 Future Car
`Challenge
`
`Date
`Sept. 12, 2006
`Sept. 2014
`Aug. 4, 1998
`Apr. 22, 1997
`June 15, 1982
`
`
`Oct. 20, 1998
`
`Filed Sept. 11,
`1998
`n/a
`
`July 3, 2007
`n/a
`
`2005
`2013-2014
`
`
`Identifier
`’347 Patent
`
`Ibaraki ’882
`Suga ’104
`Kawakatsu ’429
`Jurgen
`
`Lateur
`Davis Dec.
`‘095 Provisional
`
`‘347 File History
`
`’634 Patent
`’634 Patent File
`History
`Toyota Litigation
`Hyundai Litigation
`
`
`Oct. 1996
`
`Bosch Handbook
`
`Aug. 10, 1999
`Sept. 12, 2000
`1997
`
`Koide
`Frank
`Pulkrabek
`
`Dec. 5-7, 1994
`
`Vittone
`
`Feb. 2, 1999
`Dec. 21, 1999
`Feb. 1994
`
`Yamaguchi
`Ibaraki ’626
`
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`Feb. 1997 &
`Feb. 1998
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`
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`Exhibit
`No.
`1425
`
`1426
`
`1427
`1428
`1429
`
`1430
`
`1431
`1432
`1433
`
`1434
`
`Date
`
`
`
`1998
`
`Description
`Introduction to Automotive
`Powertrain (Davis)
`History of Hybrid Electric
`Vehicle (Wakefield-1998)
`SAE 760121 (Unnewehr-1976)
`SAE 920447 (Burke-1992)
`Vehicle Tester for HEV (Duoba-
`1997)
`DOE Report to Congress (1994) April 1995
`
`Feb. 1, 1976
`Feb. 1, 1992
`Aug. 1, 1997
`
`SAE SP-1331 (1998)
`SAE SP-1156 (1996)
`Microprocessor Design for HEV
`(Bumby-1988)
`DOE HEV Assessment (1979)
`
`Feb. 1998
`Feb. 1996
`Sept. 1, 1988
`
`Sept. 30, 1979
`
`Identifier
`Davis Textbook
`
`Wakefield
`
`Unnewehr
`Burke 1992
`Duoba 1997
`
`1994 Report to
`Congress
`SAE SP-1331
`SAE SP-1156
`Bumby/Masding
`1988
`HEV Assessment
`1979
`EPA HEV Final
`Study
`IEEE Ehsani 1996
`
`1435
`
`EPA HEV Final Study (1971)
`
`June 1, 1971
`
`June 18, 2005
`
`Feb. 1997
`
`IEEE Ehsani 1997
`
`Aug. 11, 1998
`
`An 1998
`
`Nov. 25, 1998
`Jan. 1998
`
`April 3, 2001
`Feb. 1995
`1973
`
`9323263
`Toyota Prius
`Yamaguchi 1998
`’672 Patent
`SAE SP-1089
`SAE 1973
`
`
`
`Oct. 4, 1983
`
`
`
`Kawakatsu ’132
`
`Propulsion System for Design for
`EV (Ehsani-1996)
`Propulsion System Design for
`HEV (Ehsani-1997)
`Critical Issues in Quantifying
`HEV Emissions (An 1998)
`WO 9323263A1 (Field)
`Toyota Prius (Yamaguchi-1998)
`
`US Patent 6,209,672
`SAE SP-1089 (Anderson-1995)
`1973 Development of the Federal
`Urban Driving Schedule (SAE
`730553)
`Gregory Davis Resume
`Gregory Davis Data
`U.S. Patent No. 4,407,132
`
`
`
`1436
`
`1437
`
`1438
`
`1439
`1440
`
`1441
`1442
`1443
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`1444
`1445
`1446
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`I, Gregory Davis, hereby declare as follows:
`
`1.
`
`I am making this declaration at the request of Ford Motor Company in
`
`the matter of inter partes review of U.S. Patent No. 7,104,347 (“the ’347 Patent”) to
`
`Severinsky et al.
`
`2.
`
`I am being compensated for my work in this matter at a rate of
`
`$315/hour. My compensation in no way depends on the outcome of this proceeding.
`
`3.
`
`In preparation of this declaration, I have studied the exhibits as listed in
`
`the Exhibit List shown above in my report. Each of the exhibits listed are true and
`
`accurate copies. The Exhibit list also includes true and accurate citations for each
`
`exhibit I have reviewed including a weblink, library of congress number or other
`
`markings denoting authenticity where applicable.
`
`4.
`
`
`
`In forming the opinions expressed below, I have considered:
`
`(a)
`
`The documents listed above as well as additional patents and
`
`documents referenced herein;
`
`
`
`(b) The relevant
`
`legal standards,
`
`including
`
`the standard for
`
`obviousness provided to me, and any additional documents cited in the body of
`
`this declaration; and
`
`
`
`(c) My knowledge and experience based upon my work and study in
`
`this area as described below.
`
`I.
`
`QUALIFICATIONS AND PROFESSIONAL EXPERIENCE
`
`5.
`
`I have provided my full background in the curriculum vitae that is
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`attached as Exhibit 1444.
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`6.
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`I received my Bachelor of Science Degree in Mechanical Engineering
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`from the University of Michigan, Ann Arbor in 1982 and my Master of Science
`
`Degree in Mechanical Engineering from Oakland University in 1986.
`
`7.
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`Michigan.
`
`8.
`
`Further, I am a licensed “Professional Engineer” in the state of
`
`As shown in my curriculum vitae, most of my career has been in the
`
`field of automotive engineering, including numerous positions in both the academia
`
`and industry settings.
`
`9.
`
`After receiving my Master’s degree, I began work at General Motors
`
`where I had several assignments involving automotive design, advanced engineering
`
`and manufacturing. Over the course of my years at General Motors, I was involved in
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`all aspects of the vehicle design process, from advanced research and development to
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`manufacturing.
`
`10.
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`Specifically, my work at General Motors included aspects of engine and
`
`fuel system design relating to the production of fuel sending units, and modeling the
`
`effects of fuels and EGR on vehicle performance and emissions.
`
`11. After leaving General Motors, I continued my education at the
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`University of Michigan where I was awarded a Ph.D. in Mechanical Engineering in
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`1991. My thesis was directed to automotive engineering including the design and
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`development of systems and models for understanding combustion in automotive
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`12. Upon completion of my Ph.D., I joined the faculty of the U.S. Naval
`
`Academy where I led the automotive program in mechanical engineering. As part of
`
`my responsibilities while at the Academy, I managed the laboratories for Internal
`
`Combustion Engines and Power Systems.
`
`13.
`
`I further taught automotive and mechanical engineering courses while at
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`the U.S. Naval Academy. Some of the courses I taught were directed specifically to
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`design and operation of internal combustion engines in both conventional and hybrid
`
`vehicles. I also taught courses pertaining to the design and operation of hybrid
`
`vehicles.
`
`14.
`
`In addition to my work at the U.S. Naval Academy, I also served as
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`faculty advisor for the USNA Society of Automotive Engineers (SAE). During this
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`time, I served as project director for the research and development of hybrid electric
`
`vehicles.
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`15. My work with regards to hybrid electric vehicles included extensive
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`design and modifications of the powertrain, chassis, and body systems. This
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`development work included the design, modifications and implementation of alternate
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`fuel delivery and injection systems.
`
`16.
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`Some of the hybrid electric vehicle work that I worked on at the U.S.
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`Naval Academy was published in a bound 1994 SAE special publication. I have
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`attached as Exhibit 1423 a true and accurate copy of the 1994 paper that was
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`submitted on behalf of my team for this competition. (Ex. 1423 [1993 Hybrid
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`Challenge].)
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`17. While at the Naval Academy, I also taught classes in mechanical
`
`engineering at Johns Hopkins University.
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`18.
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`In 1995, I joined the faculty of Lawrence Technological University
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`where I served as Director of the Master of Automotive Engineering Program and
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`Associate Professor in the Mechanical Engineering Department.
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`19. The master’s program in automotive engineering is a professionally
`
`oriented program aimed at attracting and educating practicing engineers in the
`
`automotive industry.
`
`20.
`
`In addition to teaching and designing the curriculum for undergraduate
`
`and graduate students, I also worked in the automotive industry closely with Ford
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`Motor Company on the development of a hybrid electric vehicle.
`
`21.
`
`Specifically, I served as project director on a cooperative research project
`
`to develop and design all aspects of a hybrid electric vehicle. While in many instances
`
`we used standard Ford components, we custom designed many automotive
`
`subsystems. As part of this project, we completely redesigned and replaced the
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`existing powertrain including the fuel storage, delivery and injection systems. We also
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`did analytical and actual testing of the systems.
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`22. While at Lawrence Technological University, I also served as the faculty
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`advisor on several student based hybrid vehicle competitions that were sponsored
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`primarily by Ford Motor Company, General Motors Company, and Chrysler
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`Corporation.
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`23. These competitions required the complete design of a hybrid vehicle,
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`including the design of the powertrain. These competitions also required the complete
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`design of the software and hardware required to control the hybrid vehicle.
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`24. Attached as Exhibit 1424 [1996 and 1997 Futurecar Challange] are true
`
`and accurate copies of the competition papers that were submitted for the 1996 and
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`1997 competitions for which I served as the faculty advisor. (Ex. 1424 [1996&1997
`
`Futurecar Challenge].)
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`25. During my time at Lawrence Technological University, I further served
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`as advisor for 145 automotive graduate and undergraduate project students. Many of
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`the graduate students whom I advised were employed as full time engineers in the
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`automotive industry. This service required constant interaction with the students and
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`their automotive companies which included the major automotive manufacturers (e.g.,
`
`Ford, Chrysler, General Motors, Toyota, etc.) along with many automotive suppliers,
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`including those that supply fuel delivery systems (e.g., Denso, Delphi and Bosch).
`
`26. Currently, I am employed as a Professor of Mechanical Engineering &
`
`Director of the Advanced Engine Research Laboratory (AERL) at Kettering
`
`University—formerly known as “General Motors Institute.”
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`27. At Kettering University, I develop curriculum and teach courses in
`
`mechanical and automotive engineering to both undergraduate and graduate students.
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`For one of my classes on automotive powertrains, I and a fellow professor (Craig
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`Hoff) co-authored a textbook titled “Introduction to Automotive Powertrains.” A
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`true and accurate copy of excerpts from this textbook is attached as Exhibit 1425
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`[Davis Textbook]. The full version of this textbook is around 400 pages long and is
`
`used in my course to give engineering students an introductory understanding of the
`
`fundamentals of automotive engines, automotive transmissions, and how to select
`
`those components to provide the optimum compromise between acceleration
`
`performance, gradeability performance and fuel economy performance. (Ex. 1425
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`[Davis Textbook] at 2.) Further, this textbook is based on my and Professor Hoff’s
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`personal collection of class notes that we had been using to teach such fundamental
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`automotive principles as far back as the mid-1990’s.
`
`28.
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`Since coming to Kettering, I have advised over 90 undergraduate and
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`graduate theses in automotive engineering. Further, I actively pursue research and
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`development activities within automotive engineering.
`
`29. My work requires constant involvement with my students and their
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`sponsoring automotive companies which have included not only those mentioned
`
`above, but also Walbro, Nissan, Borg Warner, FEV, Inc., U.S. Army Automotive
`
`Command, Denso, Honda, Dana, TRW, Tenneco, Navistar, and ArvinMeritor.
`
`30. As is further shown by resume, I have published over 50 peer reviewed
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`technical articles and presentations involving topics in automotive engineering.
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`31. Automotive and mechanical engineering topics covered in these articles
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`include development of hybrid vehicles, mechanical design and analysis of
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`components and systems, vehicle exterior design
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`including aerodynamics,
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`development of alternative fueled vehicles and fuel systems, thermal and fluid system
`
`design and analysis, selection and design of components and sub-systems for
`
`optimum system integration, and system calibration and control.
`
`32.
`
`I have also chaired or co-chaired sessions in automotive engineering at
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`many technical conferences including sessions involving powertrain development and
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`control in automotive engineering.
`
`33. Additionally, while acting as director of the AERL, I am responsible for
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`numerous laboratories and undergraduate and graduate research projects, which
`
`include On-road and Off-road engine and chassis testing laboratories. Projects have
`
`included the design and development of fuel injection systems for off-road vehicles,
`
`fuel compatibility studies of vehicle storage and delivery systems, modification of fuel
`
`delivery systems to accommodate alternative fuels, the development of electric
`
`vehicles, and other extensive modifications and development of vehicular
`
`powertrains.
`
`34.
`
`I also serve as faculty advisor to the Society of Automotive Engineers
`
`International (SAE) of the local Student Branch and for the “SAE Clean Snowmobile
`
`Challenge,” and “SAE Aero Design” collegiate design competitions. At the national
`
`level, I have served as a director on the SAE Board of Directors, the Engineering
`
`Education Board, and the Publications Board.
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`35.
`
`Further, I have chaired the Engineering Education Board and several of
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`the SAE Committees.
`
`36.
`
`I also actively develop and teach Continuing Professional Development
`
`(CPD) courses both for SAE and directly for corporate automotive clients. These
`
`CPD courses are directed to automotive powertrain, exterior body systems, hybrid
`
`electric vehicle design, and include extensive engine performance, emissions, and
`
`economy considerations. These courses are taught primarily to engineers who are
`
`employed in the automotive industry or governmental entities.
`
`37.
`
`Finally, I am a member of the Advisory Board of the National Institute
`
`for Advanced Transportation Technology at the University of Idaho. In addition to
`
`advising, I also review funding proposals and project reports of the researchers
`
`funded by the center.
`
`II. RELEVANT LEGAL STANDARDS
`
`38.
`
`I have been asked to provide opinions on the claims of the ’347 Patent
`
`in light of the prior art.
`
`39.
`
`It is my understanding that a claimed invention is unpatentable under 35
`
`USC § 102 if a prior art reference teaches every element of the claim. Further, it is my
`
`understanding that a claimed invention is unpatentable under 35 U.S.C. § 103 if the
`
`differences between the invention and the prior art are such that the subject matter as
`
`a whole would have been obvious at the time the alleged invention was made to a
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`person having ordinary skill in the art to which the subject matter pertains. I also
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`understand that an obviousness analysis takes into account factual inquiries including
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`the level of ordinary skill in the art, the scope and content of the prior art, and the
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`differences between the prior art and the claimed subject matter.
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`40.
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`It is my understanding that the Supreme Court has recognized several
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`rationales for combining references or modifying a reference to show obviousness of
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`the claimed subject matter. Some of these rationales include the following: combining
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`prior art elements according to known methods to yield predictable results; simple
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`substitution of one known element for another to obtain predictable results; a
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`predictable use of prior art elements according to their established functions; applying
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`a known technique to a known device to yield predictable results; choosing from a
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`finite number of identified, predictable solutions, with a reasonable expectation of
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`success; and some teaching, suggestion, or motivation in the prior art that would have
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`led one of ordinary skill to modify the prior art reference or to combine prior art
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`reference teachings to arrive at the claimed invention.
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`III. QUALIFICATIONS OF ONE OF ORDINARY SKILL IN THE
`ART
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`41.
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`I have reviewed the ’347 Patent, those patents cited in the ’347 Patent as
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`well as the prior art documents. Based on this review and my knowledge of hybrid
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`electric vehicles, including my work on multiple hybrid vehicles during the course of
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`the 1990’s, it is my opinion that a person of ordinary skill in the art would have either:
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`(1) a graduate degree in mechanical, electrical or automotive engineering with at least
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`some experience in the design and control of combustion engines, electric or hybrid
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`electric vehicle propulsion systems, or design and control of automotive
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`transmissions, or (2) a bachelor's degree in mechanical, electrical or automotive
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`engineering and at least five years of experience in the design of combustion engines,
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`electric vehicle propulsion systems, or automotive transmissions.
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`42.
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`I understand that this determination is made at the time of the invention,
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`which I understand that the patentee purports as being the September 14, 1998 filing
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`of U.S. Provisional Application No. 60/100,095 (“the ’095 Provisional,” Ex. 1409).
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`As I also discussed in my “Qualifications and Professional Experience” (¶¶5-37)
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`above, I am familiar with the level of knowledge and the abilities of a person having
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`ordinary skill in the art at the time of the claimed invention based on my experience in
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`the industry (both as an employee and as a professor).
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`IV. STATE OF THE ART
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`43.
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`It is my opinion that hybrid-electric vehicles (hybrid vehicle) were
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`conceived over 100 years ago in an attempt to combine the power capabilities of
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`electric motors and internal combustion engines1 (ICE) to satisfy all the driver
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`demand required to propel a vehicle. My opinion is supported by a true and accurate
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`copy of excerpts from the 1998 textbook titled the “History of the Electric
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`1 An engine could also be referred to as a “heat engine” and is commonly known to
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`be a part of the overall “Auxiliary Power Unit” of a hybrid vehicle (i.e., “APU”).
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`Automobile” authored by Ernest Wakefield. (Ex. 1426 [Wakefield] at 11.)2
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`44.
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`For instance, Wakefield describes a functioning hybrid vehicle that was
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`designed and built by Justus Entz in May 1897. (Ex. 1426 [Wakefield] at 11-13.)
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`45. My opinion is also supported by hybrid vehicle patents that I am aware
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`extend as far back as 1909 for U.S. Patent No. 913,846 to Pieper that was granted for
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`a “Mixed Drive Auto Vehicle.”
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`46. As is explained by Wakefield, the hybrid vehicle disclosed by the Pieper
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`patent was likewise assembled as a functioning hybrid vehicle that was publically used.
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`(Ex. 1426 [Wakefield] at 13-14.)
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`47. As is explained by Wakefield, well-known hybrid vehicles were built and
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`publically used by Baker and Woods in 1917. (Ex. 1426 [Wakefield] at 21-23.)
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`48.
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` Based on my experience and knowledge a known goal of using hybrid
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`vehicles is the possibility of operating the engine at its “optimum efficiency.” For
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`instance, a 1976 SAE paper states:
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`From almost
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`the beginning of
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`the Automotive Age, various
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`combinations of drive systems have been tried in order to achieve
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`vehicle performance characteristics superior to those that can be
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`obtained using a single type of drive. These efforts have been made in
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`the name of many worthwhile goals such as increased vehicle
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`2 Ex. 1426 [Wakefield] is stated as being copyrighted in 1998 and available from the
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`Society of Automotive Engineers (SAE). (Ex. 1426 [Wakefield] at 2.)
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`acceleration capability, audible noise reduction, operation of an
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`engine or turbine at optimum efficiency, reduction of noxious
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`emissions, and improved fuel economy.
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`(Ex. 1427 [Unnewehr] at 1, emphasis added.)3
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`49.
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`It is my understanding that based on events in the 1970’s, a renewed
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`interest in hybrid vehicles emerged as a means to combat the U.S. dependency on oil
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`and to meet increased air pollution reduction goals. (See e.g., Ex. 1428 [Burke 1992] at
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`34; Ex. 1429 [Duoba 1997] at 3.)5
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`50.
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`It is also my understanding that in 1976 the U.S. government enacted
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`Public Law 94-413 pertaining to the “Electric and Hybrid Vehicle Research,
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`Development, and Demonstration Act” that was to “encourage and support
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`3 Ex. 1427 [Unnewehr] is a true and accurate copy of an SAE paper titled “Hybrid
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`Vehicle for Fuel Economy” that was published by L.E. Unnewehr et al. that I
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`understand was published on February 1, 1976.
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`4 Ex. 1428 [Burke 1992] is a true and accurate copy of a SAE paper titled
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`“Hybrid/Electric Vehicle Design Options and Evaluations” authored by Andrew
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`Burke that I understand was published on February 1, 1992.
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`5 Ex. 1429 [Duoba 1997] is a true and accurate copy of a paper titled “Challenges for
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`the Vehicle Tester in Characterizing Hybrid Electric Vehicles” authored by Michael
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`Duoba that I understand was published by the U.S. DOE on August 1, 1997.
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`accelerated research
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`into, and development of electric and hybrid vehicle
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`technologies.” (Ex. 1430 [1994 Report to Congress] at 4.)6
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`51. As a result of this law, it is my understanding that hybrid and electric
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`vehicles were being developed by automotive corporations. (Ex. 1430 [1994 Report to
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`Congress] at 4.)
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`52.
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`It is my understanding that during the 1980’s and 1990’s, Ford Motor
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`Company and Toyota Motor Company were involved in the design and development
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`of both hybrid and electric vehicles. (See e.g., Ex. 1427 [Unnewehr] at 1; Ex. 1431
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`[SAE SP-1331]7 at 4-5.)
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`53.
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`It is further my understanding that collegiate competitions intensified
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`hybrid vehicle research during the 1990’s starting with the 1993 Ford Hybrid Electric
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`Vehicle Challenge. As indicated by Ex. 1423 [1993 Hybrid Challenge] I personally
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`participated in the 1993 Ford Hybrid Electric Vehicle Challenge. (Ex. 1423 [1993
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`Hybrid Challenge] at 6.) By 1994 these competitions had grown to include teams from
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`6 Ex. 1430 [1994 Report to Congress] is a true and accurate copy of the “Electric and
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`Hybrid Vehicles Program – 18th Annual Report to Congress for Fiscal Year 1994”
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`that I understand was published by the U.S. Department of Energy in April 1995.
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`7 Ex. 1431 [SAE SP-1331] is a true and accurate copy of excerpts from a SAE special
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`publication that I understand was published in February 1998. (Ex. 1431 [SAE SP-
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`1331] at 2.)
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`over 30 universities representing more than 800 students. (Ex. 1430 [1994 Report to
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`Congress] at 10.)
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`54. As I mentioned in my “Qualifications and Professional” section above, I
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`was personally involved with the U.S. Naval Academy’s hybrid vehicle design that was
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`entered in the 1993 “Ford Hybrid Vehicle” and the 1994-1995 competitions. (Ex.
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`1423 [1993 Hybrid Challenge] at 6.)
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`55.
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`I was also personally involved with Lawrence Technological University’s
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`hybrid vehicle design that was entered in the 1996 and 1997 “Future Car” hybrid
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`electric vehicle competitions. (Ex. 1424 [1996&1997 Futurecar Challenge] at 6, 23.)
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`56. Based upon the level of research and development prior to 1998, it is my
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`opinion that various hybrid vehicle “architectures” were well-known. (See e.g., Ex.
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`1432 [SAE SP-1156] at 4, 7-8.)8 As I explain in more detail below, hybrid vehicle
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`“architectures” included: (1) “series” hybrid vehicles (¶¶61-69 below); and (2)
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`“parallel” hybrid vehicles (¶¶70-72 below). As I further explain in detail below,
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`“parallel” hybrid vehicle architectures were known to include: (1) one motor “parallel”
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`hybrid vehicle architectures (¶¶73-86 below); and (3) two motor “parallel” hybrid
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`vehicle architectures (¶¶87-107 below).
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`8 Ex. 1432 [SAE SP-1156] is a true and accurate copy of an SAE special publication
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`titled “Strategies in Electric and Hybrid Vehicle Designs” that I understand was
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`published in February 1996.
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`57. As I explain below, these varying hybrid vehicle architect