UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`KEY SAFETY SYSTEMS, INC.
`
`Petitioner,
`
`v.
`
`AMERICAN VEHICULAR SCIENCES LLC
`
`Patent Owner.
`
` ______________
`
` Case IPR2016-01872
` Patent 9,043,093
`
`PRELIMINARY DECLARATION OF MICHAEL NRANIAN
`
`Exhibit 2005
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`IPR2016-01872
`AVS
`Exhibit 2005
`
`

`
`Case IPR2016-01872 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
`
`

`
`Case IPR2016-01872 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 1001. 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 #
`
`Paper 2
`
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`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)
`
`Craig White Declaration, (dated September 21, 2016)(White
`Declaration)
`
`Curriculum Vitae of Craig White
`
`Breed et al., U.S. Patent No. 5,772,238, “Efficient Airbag
`Module” (issued June 30, 1998) (‘238 Patent)
`
`Hetrick, U.S. Patent No. 2,649,311, “Safety Cushion Assembly for
`Automotive Vehicles” (issued August 18, 1953)(‘311 Patent)
`
`Irish et al. , U.S. Patent No. 3,642,303, “Vehicle Occupant
`Restraint System” (issued August 18, 1953)(‘303 Patent)
`
`
`
`2
`
`

`
`Case IPR2016-01872 of
`U.S. Patent No. 9,043,093
`
`Paper /
`Exhibit #
`
`1007
`
`Description
`
`Ross, U.S. Patent No. 4,173,356, “Inflatable Apparatus and
`Methods of Constructing and Using Same” (issued November 6,
`1979)(‘356 Patent)
`
`1008
`
`Finelli, U.S. Patent No. 5,609,363, “Passenger Side Airbag With
`Tether” (issued March 11, 1997)(‘363 Patent)
`
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`1014
`
`1015
`
`Leising et al., U.S. Patent No. 3,897,961, “Inflatable Restraint
`Apparatus” (issued August 5, 1975) (‘961 Patent)
`Kolb, U.S. Patent No. 5,439,247, “Inflatable Gas Bag for
`Vehicular Restraint System” , (issued August 8, 1995) (‘247
`Patent)
`Karlow et al., U.S. Patent 5,588,672, “Side Impact Head Restraint
`with Inflatable Deployment”, (issued December 31, 1996)(‘672
`Patent)
`Vaillancourt et al., U.S. Patent No. 5,470,103, “Motor Vehicle
`Head Impact Airbag System”, (issued November 28,1995) (‘103
`Patent)
`Kobori, JP Publication No. 51-45366, (issued December 3,
`1976)(Kobori)
`Kobori, JP Publication No. 51-45366 Certified Translation,
`“Airbag Safety Device for Vehicles” (issued December 3,
`1976)(Kobori)
`Lau et al., U.S. Patent No. 5,273,309, “Airbag for Side
`Impact”(issued December 28, 1993)(‘309 Patent)
` 49 Fed. Reg. 28962 (July 17, 1984)(FR28962)
`1016
`1017 Warner et al. SAE 890602 “Crash Protection in Near Side Impacts
`– Advantages of a Supplemental Inflatable Restraint” (1989)(SAE
`890602)
`FMVSS 214 (October 1, 1990)(10-1-90 FMVSS 214)
`Kiuchi et al. SAE 916070 “Airbag System for Side Impact
`Occupant Protection” (November 4-7, 1991)(SAE 916070)
`File History of the ‘093 Patent ‘093 Patent PH. Board Appeal
`Decision (11-20-2013)
`1021 Wilfert, U.S. Patent No. 3,510,150 “Inflatable Cushion Installation
`for Increasing the Safety of Vehicle Passengers” (issued May 5,
`1970) (‘150 Patent)
`
`1018
`
`1019
`
`1020
`
`
`
`3
`
`

`
`Paper /
`Exhibit #
`
`Description
`
`Case IPR2016-01872 of
`U.S. Patent No. 9,043,093
`
`1022
`
`1023
`
`1024
`
`1025
`
`1027
`
`1029
`
`1030
`
`1031
`
`Kithil, U.S. Patent No. 5,366,241 “Automobile Air Bag System”
`(issued November 22, 1994)(‘241 Patent)
`‘093 Pros. Hist., Brown 8/6/2104 Decl. (August 6, 2014) (‘093
`PH, Brown 8/6/2014 Decl.)
`IPR2016-00364 Patent Owner Resp. (August 29,2016)( IPR2016-
`00364 Patent Owner Resp.)
`Breed, U.S. Patent No. 7,481,453, “Inflator System” (issued
`January 27,2009) (‘453 Patent)
`1026 Warner et al., U.S. Patent No. 4,966,388, “Inflatable Structures for
`Side Impact Crash Protection”, (issued October 30, 1990)(‘518
`Patent)
`Kokeguchi et al., U.S. Patent No. 4,963,412, “Sheet Material for
`Vehicle Safety Airbags”, (issued October 16, 1990)(‘388 Patent)
`1028 Wagner, U.S. Patent No. 3,944,769, “Pressure Sensing Means and
`Method for Making a Pressurized Container Means and System
`Utilizing Same”, (issued March 16, 1976)(‘769 Patent)
`Smith, U.S. Patent No. 5,290,060, “Hybrid Gas Generator for
`Airbag Inflatable Restraint Systems”, (issued March 1, 1994)(‘060
`Patent)
`Johnson et al., U.S. Patent No. 5,618,057, “Continuously Variable
`Controlled Orifice Inflator”, (issued April 8, 1997)(‘057 Patent)
`Gioutsos et al., U.S. Patent No. 5,400,487, “Variable Inflation
`System for Vehicle Safety Restraint”, (issued March 28,
`1995)(‘487 Patent)
`Hawthorn, U.S. Patent No. 5,423,571, “Vehicle Airbag
`Assembly”, (issued June 13, 1995)(‘571 Patent)
`Davis et al., U.S. Patent No. 5,269,561, “Vented Gas Passenger
`Side Air Bag Inflator (issued December 14, 1993) (‘561 Patent)
`Suzuki et al., U.S. Patent No. 4,021,058, “Safety Bag Device for
`Vehicle” (issued May 3, 1977) (‘058 Patent)
`Notice of Proposed Rulemaking to Revise Federal Motor Vehicle
`Safety Standard 214 – Side Impact Protection (January 27,
`1988)(FMVSS 214 NPRM 1-27-1988)
`Advanced Notice of Proposed Rulemaking to Revise Federal
`Motor Vehicle Safety Standard 214 – Side Impact Protection
`(August 19, 1988)(FMVSS 214 ANPRM 8-19-1988)
`
`1032
`
`1033
`
`1034
`
`1035
`
`1036
`
`
`
`4
`
`

`
`Case IPR2016-01872 of
`U.S. Patent No. 9,043,093
`
`Paper /
`Exhibit #
`
`1037
`
`1038
`
`1039
`
`1040
`
`2001
`
`Description
`
`Breed et al., U.S. Patent No. 5,653,464, “Airbag System with Self
`Shaping Airbag”, (issued August 5, 1997)(‘464 Patent)
`Definition of Ideal Gas Law (Ideal Gas Law)
`
`Definition of Bernoulli’s Principle (Bernoulli’s Principle)
`‘093 Pros. Hist., Appeal Brief (06-28-2013)(June 28,2013) Appeal
`Brief
`Center for Study of Responsiveness Law, “The H.H. Bliss
`Awards of Appreciation to the Inventors and Technical
`Pioneers of the Airbag,” Dec. 3, 1991
`
`2002
`
`The American Heritage College Dictionary, Third Edition,
`Houghton Mifflin Company, 1993
`
`2003 Webster’s New Collegiate Dictionary, G & C Merriam Co. 1981
`
`2006
`
`2007
`
`2008
`
`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.
`
`2009 Mr. Nranian’s CV
`
`2010
`
`2011
`
`2012
`
`2013
`
`2014
`
`49 Fed. Reg. 28962 (July 17, 1984)
`
`https://www.mitsubishitechinfo.com/epacarb/SeatBeltInstallationI
`nstructions.pdf
`
`Graebe, U.S. Patent No. 3,747,952, “Protective Device” (issued
`July 24, 1973) (‘952 Patent)
`
`Prosecution History of ‘093 Patent
`
`Daniel, U.S. Patent No. 5,540,459 “Roof Rail Mounted Air Bag
`Assembly” (issued July 30, 1996) (‘459 Patent)
`
`
`
`5
`
`

`
`Case IPR2016-01872 of
`U.S. Patent No. 9,043,093
`
`Kaji et al., U.S. Patent No. 5,222,761, “Airbag Restrain System”
`(issued June 29, 1993) (‘761 Patent)
`
`Homeier et al., U.S. Patent No. 5,015,010, “Seat Integrated Seat
`Belt System” (issued May 14, 1991) (‘010 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)
`
`I have been asked to provide my technical review, analysis, insights,
`
`2015
`
`2016
`
`2017
`
`
`
`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
`
`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.
`
`
`
`6
`
`

`
`Case IPR2016-01872 of
`U.S. Patent No. 9,043,093
`
`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 as Exhibit 2009 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.
`
`9.
`
`In my latest 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 now work as a
`
`computer engineer science and technology lead 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.
`
`
`
`7
`
`

`
`Case IPR2016-01872 of
`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,
`
`system 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
`
`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,
`
`
`
`8
`
`

`
`Case IPR2016-01872 of
`U.S. Patent No. 9,043,093
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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
`
`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.
`
`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
`
`
`
`9
`
`

`
`included ensuring compliance with Federal Motor Vehicle Safety Standards, ECE
`
`regulations, Industry Standards, Corporate Standards, and Due-Care Requirements.
`
`Case IPR2016-01872 of
`U.S. Patent No. 9,043,093
`
`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 detection 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.
`
`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 types of automotive applications. This also
`
`
`
`10
`
`

`
`Case IPR2016-01872 of
`U.S. Patent No. 9,043,093
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`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
`
`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,
`
`
`
`11
`
`

`
`Case IPR2016-01872 of
`U.S. Patent No. 9,043,093
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`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
`
`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
`
`
`
`12
`
`

`
`Case IPR2016-01872 of
`U.S. Patent No. 9,043,093
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`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 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
`
`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.
`
`
`
`13
`
`

`
`Case IPR2016-01872 of
`U.S. Patent No. 9,043,093
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`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
`
`American Society for Quality (ASQ) and International Quality Federation (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
`
`
`
`14
`
`

`
`Case IPR2016-01872 of
`U.S. Patent No. 9,043,093
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`over long-term vehicle life. This includes 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) 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
`
`for continuous product improvements. My responsibilities also included ensuring
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`compliance with Federal Motor Vehicle Safety Standards, ECE regulations,
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`Corporate Standards, Industry Standards, and Due-Care Requirements.
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`23. Subsequent to my employment at Ford, I worked as a Systems
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`Engineer for Raytheon and General Dynamics, where I developed defense systems
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`for military vehicles. Part of my responsibilities also included technology
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`assessments and selection. This includes conducting and leading technology and
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`sourcing trade studies and analyses using preset requirements for evaluation and
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`the preparation of the proper documentation to ensure the selected alternatives
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`meet or exceed the requirements and specifications for the components, system,
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`vehicle, and overall mission system integration requirements as well as Department
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`of Defense 5000 and 5001 protocols.
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`24.
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`In my latest and current position, I possess an Active Secret Security
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`Clearance. My responsibilities include working with internal scientists, researchers
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`and technical staff, as well as outside collaborators and universities, to develop
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`technologies, innovation, and inventions for the protection of our soldiers and the
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`enhancement of our soldiers’ survivability in military vehicles. This includes cyber
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`security, airbag, seat belt, military vehicle interior, and seating occupant injury
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`mitigation technologies and systems, as well as, the development and assessment
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`of vehicle and robotic data communication and electrical system architectures,
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`vision systems, infrared systems, object and image detection, identification,
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`enhancement, notification and display, critical parameter diagnostics and storage
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`operating across vehicle data busses as well as cellular and radio networks.
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`25. My responsibilities include cyber system technologies and security, as
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`well as seat belts, seats, interior occupant injury mitigation components and
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`systems, front airbags, side airbags, inflatable curtains, frontal rear, and side
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`impact and rollover sensing and injury mitigation technologies, fire protection, as
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`well as, computers, involving camera and vision systems, human interface
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`displays, acoustic, ultrasonic, IR, radar, night vision, and electromagnetic wave
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`sensing, sensor fusion integration, algorithm, and pattern recognition development,
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`sensor information discrimination and identification, robotic systems, Improvised
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`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, and in-process testing,
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`and 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.
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`I have been asked to assume for the purposes of this obviousness
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`in