UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` AUTOLIV ASP, INC., NIHON PLAST CO., LTD., NEATON AUTO
`PRODUCTS MANUFACTURING INC., TAKATA CORP., TK HOLDINGS,
`INC., TOYODA GOSEI CO., LTD., HYUNDAI MOBIS CO., LTD, MOBIS
`ALABAMA, LLC, AND MOBIS PARTS AMERICA LLC,
`Petitioner
`
`v.
`
`AMERICAN VEHICULAR SCIENCES, LLC
`Patent Owner
`
`Case IPR2016-01794
`Patent 9,043,093
`
`DECLARATION OF MICHAEL NRANIAN
`
`Exhibit 2008
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`

`
`Case IPR2016-01794of
`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
`
`

`
`Case IPR2016-01794of
`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 1001. I
`
`will cite to the specification using the following format: (’093 Patent, 1:1-10). This
`
`example citation points to the ’093 Patent specification at column 1, lines 1-10.
`
`4.
`
`I have also reviewed and am familiar with the following documents,
`
`among others:
`
`Paper /
`Exhibit #
`
`Petition
`
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`Description
`
`Petition for Inter Partes Review (dated September 14, 2016)
`(Petition)
`
`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
`
`Declaration of Stephen W. Rouhana, Ph.D. (dated September 14,
`2016) (Rouhana Declaration)
`
`Breed et al. , US Patent No. 5,772,238, “Efficient Airbag Module”
`(issued June 30, 1998) (‘238 Patent)
`
`Breed, U.S. Patent Application Publication No. 2008/0243342
`“Side Curtain Airbag with Inflator at End” (published October 2,
`2008) (‘342 Pat. Pub.)
`
`
`
`2
`
`

`
`Paper /
`Exhibit #
`
`Description
`
`Case IPR2016-01794of
`U.S. Patent No. 9,043,093
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`1014
`
`Breed, U.S. Patent No. 7,481,453, “Inflator System” (issued
`January 27,2009) (‘453 Patent)
`Breed, U.S. Patent No. 7040,653, “Steering Wheel Assemblies for
`Vehicles” (issued May 9, 2006) (‘653 Patent)
`HÅland et al., U.S. Patent No. 5,788,270, “Side Impact and Roll
`Over Inflatable Head Protector” (issued August 4, 1998) (‘270
`Patent)
`Stutz , U.S. Patent No. 5,957,487, “Lateral Impact Protective
`Device for Vehicle Occupants”, (issued September 28, 1999)
`(‘487 Patent)
`Faigle, U.S. Patent No. 6,176,518, “Inflator with Temperature
`Responsive Valve”, (issued January 23, 2001) (‘518 Patent)
`Daniel, U.S. Patent No. 5,540,459 “Roof Rail Mounted Air Bag
`Assembly” (issued July 30, 1996) (‘459 Patent)
`Kaji et al., U.S. Patent No. 5,222,761, “Airbag Restrain System”
`(issued June 29, 1993) (‘761 Patent)
`Steffens et al., U.S. Patent No. 5,524,924, “Method and
`Apparatus for Restraining an Occupant of a Vehicle Upon a Side
`Impact Against a Vehicle” (issued June 11, 1996) (‘924 Patent)
`Davis et al., US Patent No. 5,269,561, “Vented Gas Passenger
`Side Air Bag Inflator (issued December 14, 1993) (‘561 Patent)
`1015 Marlow, U.S. Patent No. 3,966,225, “Inflating Device with Self-
`Contained Propellant Gas Generating Cartridge” (issued June 29,
`1976)(‘225 Patent)
`Swann et al., U.S. Patent No. 5,507,890, “Multiple Layered Gas
`Generating Disk for Use in Gas Generators” (issued April 16,
`1996)
`Suzuki et al., U.S. Patent No. 4,021,058, “Safety Bag Device for
`Vehicle” (issued May 3, 1977) (‘058 Patent)
`Tanase et al., U.S. Patent Application Publication No.
`2002/0180192 “Head Protecting Airbag Device” (published
`December 5, 2002) (‘192 Pat. Pub.)
`Enders et al., U. S. Patent No. 5,845,935, “Side Airbag Module”,
`(issued December 8, 1998) (‘935 Patent)
`1020 Wipasuramonton et al., U.S. Patent No. 6,412,810, “Inflatable
`Side Air Bag Curtain Module” (issued July 2, 2002)(‘810 Patent)
`
`1016
`
`1017
`
`1018
`
`1019
`
`
`
`3
`
`

`
`Case IPR2016-01794of
`U.S. Patent No. 9,043,093
`
`Paper /
`Exhibit #
`
`1021
`
`1022
`
`1023
`
`1024
`
`2002
`
`Description
`
`Homeier et al., U.S. Patent No. 5,015,010, “Seat Integrated Seat
`Belt System” (issued May 14, 1991) (‘010 Patent)
`Tame, U.S. Patent No. 5,123,673, “Seat Belt System for A Vehicle
`Seat” (issued June 23, 1992) (‘673 Patent)
`James H. Zweng, “Airbag Door Development Technology
`Passenger And Driver Side Visible And Invisible Tear Seams”
`Proceedings of the International Body Engineering Conference
`IBED’94, Edited by Robert J. Szefi, September 26-29, 1994
`Detroit Michigan, USA, IBED, Ltd. Publications 3200 E. 12 Mile
`Road Warren, Michigan 48092 USA (Zweng)
`Karlow et al., SAE 940804 “Development of a New Downsized
`Airbag System for Use in Passenger Vehicles” (Published March
`1, 1994)(SAE 940804)
`Kithil, U.S. Patent No. 5,366,241 “Automobile Air Bag System”
`(issued November 22, 1994)(‘241 Patent)
`
`2003 Wilfert, U.S. Patent No. 3,510,150 “Inflatable Cushion Installation
`for Increasing the Safety of Vehicle Passengers” (issued May 5,
`1970) (‘150 Patent)
`
`2004
`
`2005
`
`Graebe, U.S. Patent No. 3,747,952, “Protective Device” (issued
`July 24, 1973) (‘952 Patent)
`
`The American Heritage College Dictionary, Third Edition,
`Houghton Mifflin Company, 1993
`
`2006 Webster’s New Collegiate Dictionary, G & C Merriam Co. 1981
`
`2007
`
`2010
`
`2011
`
`Transcript of deposition of Dr. Prasad, the expert for the petitioner
`in IPR2016-00364.
`Clark, SAE 650952 “Human Transportation Fatalities and
`Protection Against Rear and Side Crash Loads by the Airstop
`Restraint” (Published October 20, 1965)(SAE 650952)
`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.
`
`
`
`4
`
`

`
`Case IPR2016-01794of
`U.S. Patent No. 9,043,093
`
`2012
`
`2013
`
`2014
`
`2015
`
`2016
`
`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
`
`49 Fed. Reg. 28962 (July 17, 1984)
`
`https://www.walmart.com/ip/Intex-Classic-Downy-Queen-
`Airbed/20449352#about-item
`
`2017
`
`Declaration under 37 C.F.R. § 1.132 of Louis R. Brown
`
`I have been asked to provide my technical review, analysis, insights,
`
`
`
`5.
`
`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
`
`
`
`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
`
`
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`5
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`

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`Case IPR2016-01794of
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`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
`
`inflatable curtains components and safety devices for use in automobiles, as well as
`
`designing the systems for incorporation into automobiles.
`
`8.
`
`A copy of my curriculum vitae is attached hereto 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 that have been released to
`
`the public, over the prior ten years.
`
`9.
`
`In my previous position, I worked as a contractor for the U.S. Army,
`
`for the Chief Scientist’s Office, in the Tank and Automotive Research,
`
`Development and Engineering Center (TARDEC) in Warren, Michigan. I recently
`
`started 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
`
`
`
`6
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`

`
`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.
`
`Case IPR2016-01794of
`U.S. Patent No. 9,043,093
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`11. While at Allied Signal and General Motors I worked as a Senior
`
`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
`
`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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`7
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`Case IPR2016-01794of
`U.S. Patent No. 9,043,093
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`of my work also specifically included automotive vehicle safety systems, airbags,
`
`seatbelts, interior and exterior occupant protection systems, sensing systems,
`
`electrical systems and architectures, electrical and data communication protocols,
`
`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
`
`analyses to design and develop automotive safety, airbag, seatbelt, and occupant
`
`injury mitigation systems, sensing, and electrical systems, including the integration
`
`of sensor fusion technologies, and the components and systems for information and
`
`diagnostics storage and communication and retrieval, computer, microprocessor
`
`and interface architectures, and automotive electrical system architectures and
`
`communication protocols. I also ran numerous crash and sled tests involving
`
`airbag system testing, development, and design.
`
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`Case IPR2016-01794of
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`14. My responsibilities also included technology assessments and proper
`
`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,
`
`occupant kinematic evaluation, vehicle crash performance in frontal, side, rear, and
`
`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
`
`other types of sensing technologies. I also worked on sensing systems for various
`
`automotive applications, including sensor fusion technologies, for image and
`
`object detection, discrimination, and identification and the appropriate status
`
`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.
`
`
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`Case IPR2016-01794of
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`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,
`
`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
`
`
`
`10
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`

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`Case IPR2016-01794of
`U.S. Patent No. 9,043,093
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`from vehicle modules, sensor fusion technologies assessments and integration,
`
`vision systems, image and object detection and identification, occupant and
`
`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
`
`displays, vehicular compatibility analyses and assessments, storage and
`
`communication of critical parameter information related to automotive vehicle
`
`systems as well as the interfaces involved in communication and retrieval of this
`
`information. This included communication of sensor and vehicle information
`
`through automotive vehicle computer, microprocessor, and electrical systems and
`
`architectures, electrical and data communication protocols and interfaces, vehicle
`
`electrical networks and network interfaces.
`
`18. My work included and I have direct experience in side airbags and
`
`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
`
`internal personnel including representatives of design engineers and technical
`
`experts from all aspects of these components and systems. I developed and
`
`authored the design verification plans and reports and failure modes and effects
`
`analyses for side airbag and inflatable curtain systems and components. I also
`
`developed the testing specifications and requirements, and directed how these tests
`
`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
`
`components, as well as the side airbag/inflatable curtain suppliers to ensure proper
`
`system performance to the testing requirements and specifications. I conducted
`
`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
`
`have investigated several field events involving side airbags and inflatable
`
`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
`
`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
`
`
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`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.
`
`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
`
`
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`13
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`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
`
`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
`
`
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`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.
`
`24.
`
`In my latest current position, I possess an Active Secret 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 cyber
`
`security, airbag, seat belt, military vehicle interior, and seating occupant injury
`
`mitigation technologies and systems, as well as, the development and assessment
`
`
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`15
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`Case IPR2016-01794of
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`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 cyber system technologies and security, as
`
`well as 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 identification, robotic systems, Improvised
`
`Explosive Device (IED) detection and injury mitigation systems, armor and
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`electromagnetic armor development, electromagnetic wave sensing and frequency
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`determination, Command, Control, Communications, Computers, Intelligence,
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`Surveillance and Reconnaissance (C4ISR) systems development, 360 degree
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`surveillance, active and passive safety system development and occupant injury
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`mitigation.
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`26. This also includes 360 degree visual situational awareness systems
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`including electro-optical (e.g., CMOS, CCD) sensors, thermal viewers, and
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`scalable machine
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`interfaces using various operating systems, geographic
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`information systems, image enhancement and recognition, image and object
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`detection discrimination and identification, augmented displays with friend and foe
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`target enhancement for location and identification, GPS and mapping location
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`systems (including the use of differential GPS, pseudolites, repeaters, base stations,
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`relays), mobile data terminals, split-screen augmented information and visual
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`displays and controllers, on-board vehicle displays as well as soldier handheld
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`devices, and the transfer of this information across satellite systems to command
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`centers to soldiers and vehicles in the field, as well as the real-time communication
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`of this information across command systems through satellite, cellular, radio
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`frequency, wireless mediums, and related techniques.
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`27.
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`I have extensive experience with different types of automotive and
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`vehicle sensing systems and safety systems, as well as the discrimination of sensor
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`information for implementation of active and passive safety devices. I also have
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`extensive experience in the establishment of safety requirements, the testing and
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`development of components and systems to meet these requirements, the design
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`and development of these components and systems per vehicle specific
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`characteristics, as well as the associated data and communication interfaces and
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`systems, including computer, microprocessor, wireless and physical hardware
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`electrical and system architectures. I also have extensive experience in the
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`development of automotive active and passive safety systems for injury prevention
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`and mitigation, proper sensor parameter and information discrimination for these
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`active and passive safety systems, and the proper overall design of these safety
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`systems and the components integrated into these systems, for compliance to
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`rigorous FMVSS, regulatory, corporate, and Due-Care, requirements, standards,
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`and specifications.
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`28.
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`I have extensive experience
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`in establishing standards and
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`requirements, testing, design, and development of airbag and inflatable curtain
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`systems and components, as well as compliance to standards, requirements, and
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`specifications, including all production validation testing, in-process testing, and
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`also for ensuring durability and reliability over long-term vehicle life. This
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`includes the extensive testing, design, and development that is especially critical
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`for the side airbag system and inflatable curtain components and systems that will
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`potentially be relied upon to mitigate occupant injury or death in an accident, and
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`also to ensure proper system performance for Out of Position (OOP) occupants
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`(including infants, children, and occupants of all sizes and in various positions.
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`29.
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`I have testified as an expert in over 20 cases involving automotive
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`airbags, inflatable curtains, seat belts, occupant injury mitigation, occupant
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`kinematics evaluation and injury causation, forensic analyses and system and
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`component level evaluation, sensors, sensing systems, and safety systems, as well
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`as diagnostic and information systems, and the discrimination and communication
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`of critical sensor parameter information. I also have direct experience in this field
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`beginning in 1987 until present, and was working as an engineer in the field as of
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`before, during, and after the priority date of the ‘093 Patent.
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`30.
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`I am a member of the Project Management Institute, American
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`Society for Quality, International Quality Federation, and the Forensic Expert
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`Witness Association.
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`B. Compensation
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`31. My work on this case is being billed at a rate of $350.00 per hour,
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`with reimbursement for actual expenses. My compensation is not contingent upon
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`the outcome of this inter partes review.
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`C. My Understanding of Legal Standards
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`32.
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`It is my understanding that the claims of the ’093 Patent are only
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`challenged under obviousness grounds, and not anticipation grounds. However, as
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`background, it is my understanding that a claim may be “anticipated” and thus
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`unpatentable if a single prior art reference teaches each and every limitation recited
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`in the claim. My understanding of the law of obviousness is as follows.
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`33.
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`I understand that a patent claim is unpatentable if the claim would
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`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.
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`34. After my independent analyses and review I have verified that the
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`time the invention was made was no later than December 12, 1995, the filing date
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`for application 08/571,247, now the ‘238 Patent, to which the ’093 Patent claims
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`priority, which is the date I have used for the purposes of this obviousness inquiry
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`that. I have reviewed priority documents related to the ‘093 Patent and through my
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`own independent evaluation, these documents demonstrate that the time of the
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`invention is no later than December 12, 1995. If the actual time of the invention
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`was earlier or later in time than this date, my opinions regarding obviousness
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`would still hold true.
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`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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` 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.
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`36. Using these factors, a POSA would have at least a Bachelor’s degree
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`in electrical, electronic, mechanical, or automotive engineering, and at least three
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`years of experience in the integration of airbag, safety, and vehicle occupant
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`protection devices in automotive vehicles, or equivalent knowledge obtained
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`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.
`
`I understand that to obta