UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`UNIFIED PATENTS, INC.,
`Petitioner
`
`v.
`
`AMERICAN VEHICULAR SCIENCES, LLC
`Patent Owner
`
`
`
`
`Case IPR2016-00364
`Patent 9,043,093
`
`
`
`
`DECLARATION OF MICHAEL NRANIAN
`Exhibit 2021
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`UNIFIED PATENTS, INC.,
`Petitioner
`
`v.
`
`AMERICAN VEHICULAR SCIENCES, LLC
`Patent Owner
`
`
`
`
`Case IPR2016-00364
`Patent 9,043,093
`
`
`
`
`DECLARATION OF MICHAEL NRANIAN
`Exhibit 2021
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`
`
`I. INTRODUCTION AND BACKGROUND
`
`I, Michael Nranian, hereby declare as follows:
`
`
`1.
`
`I have been retained on behalf of American Vehicular Sciences, LLC
`
`(“AVS”) for the above-captioned inter partes review proceeding. I understand that
`
`this proceeding involves U.S. Patent No. 9,043,093 (the ’093 Patent) titled “Single
`
`Side Curtain Airbag For Vehicles” by David S. Breed and that the ’093 Patent is
`
`currently assigned to AVS.
`
`2.
`
`I have reviewed and am familiar with the specification of the ’093
`
`Patent. I understand that the ’093 Patent is a divisional of U.S. patent application
`
`Ser. No. 11/131,623 filed May 18, 2005 now U.S. Pat. No. 7,481,453 which is a
`
`continuation-in-part (CIP) of U.S. patent application Ser. No. 10/043,557 filed Jan.
`
`11, 2002, now U.S. Pat. No. 6,905,135, which is a CIP of U.S. patent application
`
`Ser. No. 09/925,062 filed Aug. 8, 2001, now U.S. Pat. No. 6,733,036, which is a
`
`CIP of U.S. patent application Ser. No. 09/767,020 filed Jan. 23, 2001, now U.S.
`
`Pat. No. 6,533,316, which is a CIP of U.S. patent application Ser. No. 09/073,403
`
`filed May 6, 1998, now U.S. Pat. No. 6,179,326, which is a CIP of U.S. patent
`
`application Ser. No. 08/571,247 filed Dec. 12, 1995, now U.S. Pat. No. 5,772,238;
`
`
`
`1
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`
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`and 2) U.S. patent application Ser. No. 10/974,919 filed Oct. 27, 2004, now U.S.
`
`Pat. No. 7,040,653. I also understand that all of the above applications and patents,
`
`and any applications, publications and patents mentioned within the ‘093 Patent,
`
`are incorporated in the ‘093 Patent by reference in their entirety and made a part of
`
`the ‘093 Patent.
`
`3.
`
`I understand that the ’093 Patent has been provided as Exhibit 1002. I
`
`will cite to the specification using the following format: (’093 Patent, 1:1-10). This
`
`example citation points to the ’278 Patent specification at column 1, lines 1-10.
`
`4.
`
`I have also reviewed and am familiar with the following documents:
`
`Paper /
`Exhibit #
`
` 2
`
`6
`
`7
`
`1001
`
`
`1006
`
`1003
`
`1002
`
`Description
`
`Petition for Inter Partes Review (dated December 17, 2015)
`(Petition)
`Patent Owner AVS Preliminary Response [Redacted] (dated
`March 31, 2016) (POPR)
`Decision on Institution of Inter Partes Review (dated June 27,
`2016) (Institution Decision)
`Breed, U.S. Patent No. 9,043,093, “Single Side Curtain Airbag For
`Vehicles” (issued May 26, 2015) (’093 Patent)
`file history of the ‘093 patent
`Breed et.al, US Patent No. 5,772,238, “Efficient Airbag Module”
`(issued June 30, 1998) (‘238 Patent)
`Lau et. al., U.S. Patent No. 5,273,309, “Air Bag For Side Impact”
`(issued December 28, 1993) (‘309 Patent)
`Leising et. al., U.S. Patent No. 3,897,961, “Inflatable Restraint
`Apparatus” (issued August 5, 1978) (‘961 Patent)
`
`
`
`2
`
`
`
`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`
`Description
`
`Paper /
`Exhibit #
`1004
`
`Karlow et. al, U.S Patent No. 5,588,672 “Side Impact Head
`Restrain With Inflatable Deployment (issued December 31, 1996)
`(‘672 Patent)
`Declaration of Professor Priyaranjan Prasad
`1005
`Transcript of deposition of Dr. Prasad (8/12/16)
`2025
`2028 Webster’s New Collegiate Dictionary, G & C Merriam Co. 1981
`The American Heritage College Dictionary, Third Edition,
`2020
`Houghton Mifflin Company, 1993
`Recommended Procedures For Evaluating Occupant Injury Risk
`From Deploying Side Airbags, The Side Airbag Out-of-Position
`Injury Technical Working Group (A joint project of Alliance,
`AIAM, AORC, and IIHS), Adrian K. Lund (IIHS), Chairman,
`First Revision – July 2003.
`Injury and Intrusion In Side Impacts and Rollovers, Charles E.
`Strother, Gregory C. Smith, Michael B. James, and Charles Y.
`Warner, Collision Safety Engineering, Orem, UT, 1984
`Side Air Bag Out-Of-Position Testing Of Recent Model Year
`Vehicles, Allison E. Louden, National Highway Traffic Safety
`Administration, United States, Paper Number: 07-213.
`https://www.mitsubishitechinfo.com/epacarb/SeatBeltInstallationI
`nstructions.pdf
`
`2023
`
`2024
`
`2026
`
`2027
`
`
`5.
`
`I have been asked to provide my technical review, analysis, insights,
`
`and opinions regarding the ’093 Patent and the above-noted references that form
`
`the basis for the grounds of unpatentability set forth in the Petition and the
`
`Institution Decision.
`
`A. Qualifications
`
`
`
`
`3
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`
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`6. My academic background is in engineering. I received a Bachelor of
`
`Science Degree in Chemical Engineering from Wayne State University in 1984. I
`
`received a Master of Science in Electrical Engineering from Wayne State
`
`University in 1991. I received another Bachelor of Science Degree from Wayne
`
`State University in 1993, this time in Electrical and Computer Engineering. I also
`
`received a Juris Doctor Degree from Wayne State University in 1999. I also
`
`received a Master of Business Administration from the University of Michigan in
`
`2002. I also am a licensed Professional Engineer, Certified Project Management
`
`Professional, as well as a Lean Six Sigma Black Belt certified through the
`
`American Society for Quality and the International Quality Federation.
`
`7.
`
`I have extensive industry experience in the automotive industry for
`
`multiple companies. More specifically, I have experience in side airbags and
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`inflatable curtains components and safety devices for use in automobiles, as well as
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`designing the systems for incorporation into automobiles.
`
`8.
`
`A copy of my curriculum vitae is attached hereto as Exhibit 2022 and
`
`incorporated by reference. My curriculum vitae lists cases on which I have testified
`
`as an expert in the prior four years. I have not authored any publications over the
`
`prior ten years.
`
`
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`4
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`
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`In my latest position, I worked as a contractor for the U.S. Army, for
`
`9.
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`the Chief Scientist’s Office, in the Tank and Automotive Research, Development
`
`and Engineering Center (TARDEC) in Warren, Michigan. I expect to start another
`
`position working in cyber security for the U.S. Army at this same location.
`
`10. Prior to my employment with the Army, I worked as a design
`
`engineer and engineering manager in the automotive industry from 1985 to 2007.
`
`This included experience at Ford, General Motors, and Allied Signal. I worked at
`
`Allied Signal from 1992 to 1993, General Motors from 1993 to 1995, and Ford
`
`Motor Company from 1985 to 1992, and from 1995 to 2007.
`
`11. While at Allied Signal and General Motors I worked as a Senior
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`Project Engineer, where my work included the design and development of
`
`automotive safety systems and components for various different types of
`
`automotive applications. This included testing and development of airbag systems,
`
`sensing systems and components for active and passive safety, vehicle diagnostics,
`
`status, displays, and warnings to the driver and vehicle occupants. This also
`
`included vehicle crash and safety system component and system development, as
`
`well as electrical system architectures including message, data, status, and warning
`
`prioritization and the transmission and display of information to vehicle users and
`
`
`
`5
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`
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`occupants across different types of communication channels (including CAN, LIN,
`
`and other vehicle network architectures and busses).
`
`12. Areas of my work included airbags, seat belts, sensors, and vehicle
`
`crash performance and occupant injury mitigation, active and passive sensing
`
`systems which can be used in the vehicle interior or exterior, including the design
`
`and development of sensing components and systems
`
`that
`
`incorporate
`
`electromagnetic wave sensing (including but not limited to vision, camera, radar,
`
`LIDAR, infrared ultraviolet, and night vision) as well as acoustical sensing. Areas
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`of my work also specifically included automotive vehicle safety systems, airbags,
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`seatbelts, interior and exterior occupant protection systems, sensing systems,
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`electrical systems and architectures, electrical and data communication protocols,
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`vehicle system diagnostics, warnings, vision systems, occupant and infant/child
`
`seat sensing and detection systems, out of position occupant detection, electrical
`
`and safety system diagnostics, occupant ergonomic evaluations, user and occupant
`
`audio and visual interfaces and displays, infrared, vision, camera, sonar, acoustic,
`
`radar, LIDAR, sensing and detection technologies and systems.
`
`13.
`
`I conducted numerous system and component evaluations, laboratory
`
`tests, supplier and technology assessments, quality and reliability evaluations, as
`
`well as developed design validation plans and reports and failure modes and effects
`
`
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`6
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`analyses to design and develop automotive safety, airbag, seatbelt, and occupant
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`injury mitigation systems, sensing, and electrical systems, including the integration
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`of sensor fusion technologies, and the components and systems for information and
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`diagnostics storage and communication and retrieval, computer, microprocessor
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`and interface architectures, and automotive electrical system architectures and
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`communication protocols. I also ran numerous crash and sled tests involving
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`airbag system testing, development, and design.
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`14. My responsibilities also included technology assessments and proper
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`supplier and sourcing evaluation and selection, quoting and bidding, and the
`
`overall source selection for numerous technologies. My responsibilities also
`
`included ensuring compliance with Federal Motor Vehicle Safety Standards, ECE
`
`regulations, Industry Standards, Corporate Standards, and Due-Care Requirements.
`
`15.
`
`I worked on the development of airbag and seat belt systems,
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`occupant kinematic evaluation, vehicle crash performance in frontal, side, rear, and
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`rollover accidents, occupant injury mitigation, occupant sensing and infant/child
`
`seat detections systems, including infrared, RFID, vision, camera, laser, LED,
`
`beam, acoustical, ultrasonic, capacitance, inductance, seat weight sensing, and
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`other types of sensing technologies. I also worked on sensing systems for various
`
`automotive applications, including sensor fusion technologies, for image and
`
`
`
`7
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`
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`object detection, discrimination, and identification and the appropriate status
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`notifications to vehicle drivers and occupants. My work included analyses
`
`involving statistical information from NASS and FARS databases. Also, for
`
`example, General Motors applied for and was granted a Statutory Invention
`
`Registration for rear facing infant seat occupant detection using a technology that I
`
`conceived of and developed.
`
`16. While at Ford, my experience included working as a Product Design
`
`Engineer, a Technical Specialist, a Design Analysis Engineer, and an Engineering
`
`Manager. My work included the design and development of automotive safety
`
`systems and components for various different types of automotive applications.
`
`This also extensively involved the testing and development of sensing systems and
`
`components for active and passive safety, vehicle diagnostics, status, displays, and
`
`warnings to the driver and vehicle occupants, as well as the development of vehicle
`
`electrical system architectures including message, data, status, and warning
`
`prioritization and the transmission and display of information to vehicle users and
`
`occupants across different types of communication channels (including CAN and
`
`other vehicle network architectures and busses). This also extensively involved
`
`active and passive sensing systems which can be used in the vehicle interior or
`
`exterior, including systems that incorporate electromagnetic wave sensing
`
`(including but not limited to vision, camera, radar, LIDAR, infrared, ultraviolet,
`
`
`
`8
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`
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`and night vision), as well as acoustical, automotive, sensing and electrical systems
`
`and architectures, electrical and data communication protocols, as well as the
`
`appropriate notifications to vehicle drivers, occupants, and service personnel.
`
`17.
`
`I worked extensively on vehicle system diagnostics and fault codes
`
`analyses, information and diagnostics communication and retrieval from vehicle
`
`modules and systems, vehicle parameter information communication and retrieval
`
`from vehicle modules, sensor fusion technologies assessments and integration,
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`vision systems, image and object detection and identification, occupant and
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`infant/child seat sensing systems, occupant and out of position occupant sensing
`
`and detection, critical parameter communication storage and retrieval, warnings,
`
`occupant ergonomic evaluations, user and occupant audio and visual interfaces and
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`displays, vehicular compatibility analyses and assessments, storage and
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`communication of critical parameter information related to automotive vehicle
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`systems as well as the interfaces involved in communication and retrieval of this
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`information. This included communication of sensor and vehicle information
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`through automotive vehicle computer, microprocessor, and electrical systems and
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`architectures, electrical and data communication protocols and interfaces, vehicle
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`electrical networks and network interfaces.
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`
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`9
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`18. My work included and I have direct experience in side airbags and
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`inflatable curtains systems. This includes all aspects of testing (including out of
`
`position occupant testing, standards requirements, and criteria), development,
`
`design, and implementation, as well as seating, structural, sheet metal, door, B-
`
`Pillar, A-Pillar, C-Pillar, roof rail, seats and interior trim, sensing and electrical
`
`system components, as well as all the testing, design, development, and
`
`verification of all of the components and systems necessary for implementation of
`
`these systems in the vehicle. As part of my experience - I chaired meetings with
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`external personnel (including extensive representation from the supply base) and
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`internal personnel including representatives of design engineers and technical
`
`experts from all aspects of these components and systems. I developed and
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`authored the design verification plans and reports and failure modes and effects
`
`analyses for side airbag and inflatable curtain systems and components. I also
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`developed the testing specifications and requirements, and directed how these tests
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`are to be performed, as well as the standards and requirements for acceptable
`
`performance. I worked with all of external suppliers for these systems and
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`components, as well as the side airbag/inflatable curtain suppliers to ensure proper
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`system performance to the testing requirements and specifications. I conducted
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`numerous sled and crash tests, and I also conducted design, testing, analyses, and
`
`crash testing to ensure overall system and component level performance. I also
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`
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`10
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`have investigated several field events involving side airbags and inflatable
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`curtains; I have served as an expert witness and corporate representative for side
`
`airbag and inflatable curtain systems in my career. (I also have investigated
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`numerous automotive safety system field events, and served as a corporate
`
`representative and expert witness in numerous, airbag, seat belt, sensing and
`
`electrical system, as well as other automotive safety system matters.)
`
`19. My work included the design and development of these automotive
`
`safety components and systems to meet corporate and industry requirements and
`
`standards. My work also involved systems utilizing infrared, vision, camera, sonar,
`
`acoustic, radar sensing, monitoring, and detection technologies and systems for
`
`vehicle occupants and appropriate sensor information signal discrimination and
`
`identification.
`
`20.
`
`I conducted numerous system and component evaluations, laboratory
`
`tests, supplier and technology assessments, quality and reliability evaluations, as
`
`well as developed design validation plans and reports and failure modes and effects
`
`analyses, corporate standards and specifications, and design guidelines, to design
`
`and develop sensing systems, as well as the related computer, microprocessor, and
`
`electrical/electronic architecture networks, data and critical parameter storage,
`
`retrieval, transfer, notification and communication systems.
`
`
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`11
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`21. During my career as an engineer and manager in the automotive
`
`industry, with both OEMs and the supply base, I developed specifications and
`
`requirements, and also oversaw tier one, tier two, and sub-suppliers, as well as
`
`their manufacturing operations and facilities, to ensure compliance to these
`
`requirements. (I am also Lean Six Sigma Black Belt certified through the ASQ and
`
`IQF.) Part of my responsibilities included side airbag system, inflatable curtain,
`
`and safety system components, and also ensuring durability and reliability of
`
`component and system performance over long term vehicle. I have extensive
`
`experience in establishing standards and requirements, testing, design, and
`
`development of airbag and inflatable curtain systems and components, as well as
`
`compliance to standards, requirements, and specifications, including all production
`
`validation testing, in-process testing, and also for ensuring durability and reliability
`
`over long-term vehicle life. This includes of the extensive testing, design, and
`
`development that is especially critical for the side airbag system and inflatable
`
`curtain components and systems that will potentially be relied upon to mitigate
`
`occupant injury or death in an accident, and also to ensure proper system
`
`performance for Out of Position (OOP) occupants (including infants, children, and
`
`occupants of all sizes and in various positions.
`
`22. My work also involved analyses of information from NASS and
`
`FARS databases. My responsibilities also included technology assessments and
`
`
`
`12
`
`
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`proper supplier and sourcing evaluation and selection, quoting and bidding, and the
`
`overall source selection for numerous technologies. My responsibilities also
`
`involved extensive inspection, investigation, and analysis of field events involving
`
`automotive safety systems, analysis of occupant kinematics and injury causation,
`
`and testifying as an expert witness and corporate representative in litigation
`
`matters. For example, I have personally inspected and evaluated numerous field
`
`events involving the performance of side airbags and inflatable curtains. I also
`
`reported back my findings to the engineering and product development activities
`
`for continuous product improvements. My responsibilities also included ensuring
`
`compliance with Federal Motor Vehicle Safety Standards, ECE regulations,
`
`Corporate Standards, Industry Standards, and Due-Care Requirements.
`
`23. Subsequent to my employment at Ford, I worked as a Systems
`
`Engineer for Raytheon and General Dynamics, where I developed defense systems
`
`for military vehicles. Part of my responsibilities also included technology
`
`assessments and selection. This includes conducting and leading technology and
`
`sourcing trade studies and analyses using preset requirements for evaluation and
`
`the preparation of the proper documentation to ensure the selected alternatives
`
`meet or exceed the requirements and specifications for the components, system,
`
`vehicle, and overall mission system integration requirements as well as Department
`
`of Defense 5000 and 5001 protocols.
`
`
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`13
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`In my latest current future position, I possess an Active Secret
`
`24.
`
`Security Clearance. My responsibilities include working with internal scientists,
`
`researchers and technical staff, as well as outside collaborators and universities, to
`
`develop technologies, innovation, and inventions for the protection of our soldiers
`
`and the enhancement of our soldiers’ survivability in military vehicles. This
`
`includes airbag, seat belt, military vehicle interior, and seating occupant injury
`
`mitigation technologies and systems, as well as, the development and assessment
`
`of vehicle and robotic data communication and electrical system architectures,
`
`vision systems, infrared systems, object and image detection, identification,
`
`enhancement, notification and display, critical parameter diagnostics and storage
`
`operating across vehicle data busses as well as cellular and radio networks.
`
`25. My responsibilities include technologies seat belts, seats, interior
`
`occupant injury mitigation components and systems, front airbags, side airbags,
`
`inflatable curtains, frontal rear, and side impact and rollover sensing and injury
`
`mitigation technologies, fire protection, as well as, computers, involving camera
`
`and vision systems, human interface displays, acoustic, ultrasonic, IR, radar, night
`
`vision, and electromagnetic wave sensing, sensor fusion integration, algorithm, and
`
`pattern
`
`recognition development, sensor
`
`information discrimination and
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`identification, robotic systems, Improvised Explosive Device (IED) detection and
`
`injury mitigation systems, armor and electromagnetic armor development,
`
`
`
`14
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`
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`electromagnetic wave sensing and frequency determination, Command, Control,
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`Communications, Computers, Intelligence, Surveillance and Reconnaissance
`
`(C4ISR) systems development, 360 degree surveillance, active and passive safety
`
`system development and occupant injury mitigation.
`
`26. This also includes 360 degree visual situational awareness systems
`
`including electro-optical (e.g., CMOS, CCD) sensors, thermal viewers, and
`
`scalable machine
`
`interfaces using various operating systems, geographic
`
`information systems, image enhancement and recognition, image and object
`
`detection discrimination and identification, augmented displays with friend and foe
`
`target enhancement for location and identification, GPS and mapping location
`
`systems (including the use of differential GPS, pseudolites, repeaters, base stations,
`
`relays), mobile data terminals, split-screen augmented information and visual
`
`displays and controllers, on-board vehicle displays as well as soldier handheld
`
`devices, and the transfer of this information across satellite systems to command
`
`centers to soldiers and vehicles in the field, as well as the real-time communication
`
`of this information across command systems through satellite, cellular, radio
`
`frequency, wireless mediums, and related techniques.
`
`27.
`
`I have extensive experience with different types of automotive and
`
`vehicle sensing systems and safety systems, as well as the discrimination of sensor
`
`
`
`15
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`
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`Case IPR2016-00364 of
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`information for implementation of active and passive safety devices. I also have
`
`extensive experience in the establishment of safety requirements, the testing and
`
`development of components and systems to meet these requirements, the design
`
`and development of these components and systems per vehicle specific
`
`characteristics, as well as the associated data and communication interfaces and
`
`systems, including computer, microprocessor, wireless and physical hardware
`
`electrical and system architectures. I also have extensive experience in the
`
`development of automotive active and passive safety systems for injury prevention
`
`and mitigation, proper sensor parameter and information discrimination for these
`
`active and passive safety systems, and the proper overall design of these safety
`
`systems and the components integrated into these systems, for compliance to
`
`rigorous FMVSS, regulatory, corporate, and Due-Care, requirements, standards,
`
`and specifications.
`
`28.
`
`I have extensive experience
`
`in establishing standards and
`
`requirements, testing, design, and development of airbag and inflatable curtain
`
`systems and components, as well as compliance to standards, requirements, and
`
`specifications, including all production validation testing, in-process testing, and
`
`also for ensuring durability and reliability over long-term vehicle life. This
`
`includes of the extensive testing, design, and development that is especially critical
`
`for the side airbag system and inflatable curtain components and systems that will
`
`
`
`16
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`
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`potentially be relied upon to mitigate occupant injury or death in an accident, and
`
`also to ensure proper system performance for Out of Position (OOP) occupants
`
`(including infants, children, and occupants of all sizes and in various positions.
`
`29.
`
`I have testified as an expert in over 20 cases involving automotive
`
`airbags, inflatable curtains, seat belts, occupant injury mitigation, occupant
`
`kinematics evaluation and injury causation, forensic analyses and system and
`
`component level evaluation, sensors, sensing systems, and safety systems, as well
`
`as diagnostic and information systems, and the discrimination and communication
`
`of critical sensor parameter information. I also have direct experience in this field
`
`beginning in 1987 until present, and was working as an engineer in the field as of
`
`the priority date of the ‘093 Patent.
`
`30.
`
`I am a member of the Project Management Institute, American
`
`Society for Quality, International Quality Federation, and the Forensic Expert
`
`Witness Association.
`
`B. Compensation
`31. My work on this case is being billed at a rate of $350.00 per hour,
`
`with reimbursement for actual expenses. My compensation is not contingent upon
`
`the outcome of this inter partes review.
`
`
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`17
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`Case IPR2016-00364 of
`U.S. Patent No. 9,043,093
`
`C. My Understanding of Legal Standards
`It is my understanding that the claims of the ’093 Patent are only
`32.
`
`challenged under obviousness grounds, and not anticipation grounds. However, as
`
`background, it is my understanding that a claim may be “anticipated” and thus
`
`unpatentable if a single prior art reference teaches each and every limitation recited
`
`in the claim. My understanding of the law of obviousness is as follows.
`
`33.
`
`I understand that a patent claim is unpatentable if the claim would
`
`have been obvious to a person of ordinary skill in the field (a “POSA”) at the time
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`the invention was made. This means that even if all of the requirements of the
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`claim cannot be found in a single reference, the claim can still be invalid for
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`obviousness.
`
`34.
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`I have been asked to assume for the purposes of this obviousness
`
`inquiry that the time the invention was made was December 12, 1995, the filing
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`date for application 08/571,247, now the ‘238 Patent, to which the ’093 Patent
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`claims priority. If the actual time of the invention was earlier or later in time than
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`this date, my opinions regarding obviousness would still hold true.
`
`35. As part of this inquiry, I have been asked to consider the level of
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`ordinary skill in the field that someone would have had at the time the claim was
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`made. In deciding the level of ordinary skill, I considered the following:
`
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`U.S. Patent No. 9,043,093
`• the levels of education and experience of persons working in the field;
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`• the types of problems encountered in the field; and
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`• the sophistication of the technology.
`
`36. Using these factors, a POSA would have at least a Bachelor’s degree
`
`in electrical, electronic, mechanical, or automotive engineering, and at least three
`
`years of experience in the integration of airbag, safety, and vehicle occupant
`
`protection devices in automotive vehicles, or equivalent knowledge obtained
`
`through work experience in the relevant field. Based on these factors, I consider
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`myself to be at least a POSA at the time of the invention.
`
`37.
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`I understand that to obtain a patent, a claim must have been, as of the
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`priority date, nonobvious in view of the references in the field. I understand that a
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`claim is obvious when the differences between the subject matter sought to be
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`patented and the reference are such that the subject matter as a whole would have
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`been obvious to a POSA at the time the invention was made.
`
`38. I understand that to prove that a reference or a combination of references
`
`renders a claim obvious, it is necessary to (1) identify the particular references that,
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`singly or in combination, make the patent obvious; (2) specifically identify which
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`elements of the patent claim appear in each of the asserted references; and
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`(3) explain how the references could have been combined in order to create the
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`features recited in the patent claims. I understand that general and conclusory
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`assertions, without underlying factual evidence, may not support a conclusion that
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`something is “more likely than not.” Rather, the preponderance of the evidence
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`standard requires that a reasonable finder of fact be convinced that the existence of
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`a specific material fact is more probable than the non-existence of that fact. The
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`preponderance of the evidence standard does not support speculation regarding
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`specific facts, and is instead focused on whether the evidence more likely than not
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`demonstrates the existence or non-existence of specific material facts. Here, I
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`understand that Petitioner has argued that the claims at issue are obvious in view of
`
`certain prior art references. I have also been informed that the claimed invention
`
`must be considered as a whole in analyzing obviousness or nonobviousness. In
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`determining the differences between the prior art and the claims, the question
`
`under the obviousness inquiry is not whether the differences themselves would
`
`have been obvious, but whether the claimed invention as a whole would have been
`
`obvious. Relatedly, I understand that it may be appropriate to consider whether
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`there is evidence of a “teaching, suggestion, or motivation” to combine the prior art
`
`teachings in the prior art, the nature of the problem or the knowledge of a person
`
`having ordinary skill in the art. It is my opinion applying these principles that the
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`opinions of Dr. Prasad and conclusory and not supported. In sharp contrast, I have
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`provided support for my opinions, as explained throughout my declaration.
`
`39.
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`I understand that certain objective indicia can be important evidence
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`regarding whether a claim is obvious or nonobvious. Such indicia include:
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`commercial success of products covered by the patent claims; a long-felt need for
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`the claimed invention; failed attempts by others to make the claimed invention;
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`copying of the claimed invention by others in the field; unexpected results
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`achieved by the claimed invention as compared to the closest reference; praise of
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`the claimed invention by the infringer or others in the field; the taking of licenses
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`under the patent by others; expressions of surprise by experts and those skilled in
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`the art at the making of the claimed invention; and the patentee proceeding
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`contrary to the accepted wisdom of the reference.
`
`40.
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`I also understand that in this proceeding, the Petitioner has the burden
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`of proving the obviousness of the challenged claims by a preponderance of the
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`evidence. In other words, the Petitioner must prove that the challenged claims are
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`reasonably likely to be unpatentable. I also understand that, in performing a proper
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`unpatentability analysis, an expert must do more than simply provide quotes from
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`the evidentiary record along with conclusory allegations of unpatentability. To the
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`contrary, an expert’s conclusions regarding unpatentability must b
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