DECLARATION OF SCOTT ANDREWS
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`I, Scott Andrews declare as follows,
`
`1.
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`I hold a B.Sc. degree in Electrical Engineering from the University of
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`California, Irvine and a M.Sc. degree in Electronic Engineering from Stanford
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`University. I have been involved in the development of hybrid vehicle technology
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`with a variety of organizations. For example, at Toyota, I supported the assessment
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`of new power transistor technology and manufacturing methods for the first
`
`generation Prius hybrid vehicle powertrain controllers. Also, in 2003, I developed
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`a hybrid vehicle design with a colleague who later co-founded the vehicle
`
`company Tesla Motors. The goal of the design was to create a high performance
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`vehicle that would use (i) electrical power to provide high torque on demand and
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`(ii) a conventional small internal combustion engine to power the vehicle under
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`low power/low torque demand driving. This work also led to an overall vehicle
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`systems engineering methodology wherein all of the vehicle sensors, actuators and
`
`processes were treated as objects in a database system that provided a fully back
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`annotate-able connection between use case descriptions and component and
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`process specifications. In other positions, I have been responsible for the research
`
`and development projects relating to numerous vehicle information systems, user
`
`interface systems, sensory systems, control systems, and safety systems, and I also
`
`had the opportunity to collaborate with numerous researchers and suppliers to the
`
`1
`
`VWGoA - Ex. 1002
`Volkswagen Group of America, Inc. - Petitioner
`
`1
`
`
`
`I, Scott Andrews declare as follows,
`
`1.
`
`I hold a B.Sc. degree in Electrical Engineering from the University of
`
`California, Irvine and a M.Sc. degree in Electronic Engineering from Stanford
`
`University. I have been involved in the development of hybrid vehicle technology
`
`with a variety of organizations. For example, at Toyota, I supported the assessment
`
`of new power transistor technology and manufacturing methods for the first
`
`generation Prius hybrid vehicle powertrain controllers. Also, in 2003, I developed
`
`a hybrid vehicle design with a colleague who later co-founded the vehicle
`
`company Tesla Motors. The goal of the design was to create a high performance
`
`vehicle that would use (i) electrical power to provide high torque on demand and
`
`(ii) a conventional small internal combustion engine to power the vehicle under
`
`low power/low torque demand driving. This work also led to an overall vehicle
`
`systems engineering methodology wherein all of the vehicle sensors, actuators and
`
`processes were treated as objects in a database system that provided a fully back
`
`annotate-able connection between use case descriptions and component and
`
`process specifications. In other positions, I have been responsible for the research
`
`and development projects relating to numerous vehicle information systems, user
`
`interface systems, sensory systems, control systems, and safety systems, and I also
`
`had the opportunity to collaborate with numerous researchers and suppliers to the
`
`1
`
`VWGoA - Ex. 1002
`Volkswagen Group of America, Inc. - Petitioner
`
`1
`
`
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`auto industry. I currently consult with the U.S. Department of Transportation,
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`major carmakers and suppliers on vehicle information systems, safety systems, and
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`communication systems. I am also a member of the Institute of Electrical and
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`Electronics Engineers (IEEE), the IEEE Standards Association, the Society of
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`Automotive Engineers (SAE), the Institute of Navigation (ION), and the
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`International Council on Systems Engineering (INCOSE). My qualifications are
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`further set forth in my curriculum vitae (Exhibit A). I have been retained by
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`Volkswagen Group of America, Inc. in connection with its petition for inter partes
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`review of U.S. Patent No. 7,104,347 (“the ’347 patent”). I have over 20 years of
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`experience in fields relevant to the ’347 patent, including experience with
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`automobile electronic control systems.
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`2.
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`I have reviewed the ’347 patent, as well as its prosecution history and the
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`prior art cited during its prosecution. I have also reviewed U.S. Patent Nos.
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`7,237,634 (“the ’634 Patent”), and 8,214,097 (“the ’097 Patent”) which share
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`substantially the same specification as the ’347 patent, as well as the prosecution
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`history of both patents. I have also reviewed Paefgen et al., Der Audi Duo – das
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`erste serienmäßige Hybridfahrzeug, ATZ Automobiletechnische Zeitschrift 99
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`(1997) (“Paefgen”), U.S. Patent No. 5,495,912 (“Gray”), GB 2318105 (“Probst”),
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`U.S. Patent No. 5,697,466 (“Moroto”), U.S. Patent No. 5,823,280 (“Lateur”), and
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`U.S. Patent No. 5,343,970 (“Severinsky ’970”).
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`2
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`2
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`
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`The ’347 Patent
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`3.
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`The ’347 patent describes a hybrid vehicle that includes an internal
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`combustion engine, an electric motor, and a battery, all of which are controlled by
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`a microprocessor in accordance with the vehicle’s instantaneous torque demands
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`(i.e., road load). The engine is capable of operating efficiently between a lower-
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`level setpoint (“SP”) and a maximum torque output (“MTO”). The vehicle can
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`operate in a number of operating modes, including a “low-load mode” (also
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`referred to as “Mode I”), in which the vehicle is propelled only by the electric
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`motor, a “highway cruising mode” (also referred to as “Mode IV”), in which the
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`vehicle is propelled only by the engine, and an “acceleration mode” (also referred
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`to a “Mode V”), in which the vehicle is propelled by both the engine and the
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`electric motor. The microprocessor determines the mode of operation based on
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`road load. If the road load is below the setpoint (SP), the vehicle operates in Mode
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`I (motor only); if the road load is between the setpoint (SP) and the maximum
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`torque output (MTO) of the engine, the vehicle operates in Mode IV (engine only);
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`if the road load is above the maximum torque output (MTO) of the engine, the
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`vehicle operates in Mode V (motor and engine).
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`The Volkswagen and Audi Development of Hybrid Vehicles
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`4.
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`Since the mid-1970s, Volkswagen and Audi have been developing hybrid
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`vehicle technologies, including hybrid drive systems that control the application of
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`3
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`3
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`
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`torque from an internal combustion engine, an electric motor, or both, depending
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`on driving parameters.
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`5.
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`For example, Audi developed first (1989), second (1991), and third (1996)
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`generation Audi Duo hybrid vehicles, as Audi “consider[ed] it useful to combine
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`the combustion engine with an electric drive,” both to reduce emissions and
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`provide sufficient mobility for longer distances. See Paefgen, at p. 317. The third
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`generation vehicle, described by Paefgen in June 1997, was a parallel hybrid drive
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`using a turbo diesel direct injection engine (TDI), a lead battery, and a polyphase
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`synchronous drive (electromotor). See Paefgen, at pp. 318-319. Both the engine
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`and electromotor applied torque to the front wheels. See Paefgen, at p. 317; Fig. 4
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`(below).
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`4
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`4
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`6.
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`Paefgen explains that, in hybrid operation, switching between the internal
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`combustion engine and the electric motor, “occurs automatically depending on the
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`requirements of the driving operation.” See Paefgen, at p. 319. The Control Drive
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`for this system is illustrated in Figure 5 (below).
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`
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`5
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`5
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`
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`Gray
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`
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`7.
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`Gray, for example, describes a hybrid vehicle, in which the control strategy
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`is based on “road load” in the same manner claimed in the ’347 patent. For
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`example, Gray describes an operating mode (“mode 4”), corresponding to Paice’s
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`“low load mode I,” in which the vehicle is propelled by only the electric motor
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`under conditions of “small road load.” See Gray, at col. 9, lines 12 to 17. Gray also
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`describes an operating mode (“mode 2”), corresponding to Paice’s “highway
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`6
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`6
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`
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`cruising mode IV,” in which the vehicle is propelled by only the internal
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`combustion engine under conditions where the engine is operated “within the range
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`of optimal efficiency.” See Gray, at col. 8, lines 52 to 63. Gray further describes an
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`operating mode (“mode 1”), corresponding to Paice’s “acceleration mode V,” in
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`which the vehicle is propelled by both the internal combustion engine and the
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`electric motor under conditions where demand is “greater than that deliverable at
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`optimum efficiency by the engine.” See Gray, at col. 8, lines 40 to 51.
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`The Disclosures of Paefgen and Gray
`Claims 23, 28, 30, and 32
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`Gray describes a parallel hybrid powertrain vehicle including a primary
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`8.
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`engine and a power storage device. The engine may be an internal combustion
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`engine, and the power storage device may be a combined storage battery and
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`electric motor. See Gray, at col. 3, lines 13 to 39. As illustrated in Figures 2A-2D,
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`Gray describes a system for controlling which power source will drive the vehicle,
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`based on “road load.” See Gray, at col. 8, line 35 to col. 9, line 16, Figs. 2A-2D.
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`According to Gray, “[t]he load placed on the engine any at any given instant is
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`directly determined by the total road load at that instant, which varies between
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`extremely high and extremely low load.” See Gray, at col. 1, lines 31 to 34. Gray
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`discloses that control of the hybrid propulsion system is provided for by, for
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`example, “a torque (or power) demand sensor for sensing torque (or power)
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`demanded of the vehicle by the driver.” See Gray, at col. 3, lines 43 to 49.
`7
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`7
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`
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`Depending upon the road load, Gray switches between operating modes in the
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`same manner as claimed in the ’347 patent, as described in more detail below.
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`9.
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`Paefgen describes the hybrid drive Audi Duo, having an engine, an electric
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`motor, a battery, and a controller for determining from which power source to draw
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`power for propelling the vehicle. Paefgen describes controlling its hybrid drive
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`“depending on to the requirements of the driving operation.”
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`10. Gray describes a hybrid control system that relies on the determined “road
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`load” for controlling the application of power from the engine and/or the electric
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`motor to drive the vehicle.
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`11. Paefgen describes the Audi Duo parallel hybrid drive vehicle having an
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`internal combustion engine, e.g., a turbo diesel engine, a lead battery, wheels, and
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`a polyphase synchronous drive electromotor. See Paefgen, at pp. 318-319. As
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`illustrated in Figure 4, the engine is controllably connected to the front axle.
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`Paefgen also describes using the engine to operate the electromotor as a generator.
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`See Paefgen, at p. 318.
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`12. Gray also describes a parallel hybrid drive system, having an internal
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`combustion engine, a storage battery, and an electric motor. A first drive train
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`connects the engine to the wheels, and a second drive train connects the engine to
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`the motor. See Gray, at col. 3, lines 13 to 39. Gray describes an “optimum
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`efficiency” range of speed and load for the engine 1, illustrated in Figures 2A-2D,
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`8
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`8
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`
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`between points A (constituting a lower level setpoint) and B (constituting a
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`maximum torque output). See Gray, at col. 8, line 35 to col. 9, line 16. Further, in
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`Figure 2C and its related description, Gray describes applying excess power from
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`the engine to the power storage device (which may be a storage battery,
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`generator/alternator, and electric motor). See Gray, at col. 3, lines 36 to 39, col. 8,
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`line 64 to col. 9, line 11, Fig. 2C.
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`13. Paefgen’s Audi Duo controls
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`its hybrid drive “depending on
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`the
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`requirements of the driving operation.” See Paefgen, at p. 319; Fig. 4.
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`14. Gray describes determining the instantaneous road load required to propel
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`the vehicle, responsive to operator command. Gray describes that engine load is
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`directly determined by the instantaneous road load. See Gray, at col. 1, lines 31 to
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`35 (“The load placed on the engine at any given instant is directly determined by
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`the total road load at that instant, which varies between extremely high and
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`extremely low load.”). Figures 2A-2D, illustrate different modes of applying power
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`from the engine and/or motor, according to road load.
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`9
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`9
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`
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`15. Paefgen describes a battery management system for monitoring battery
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`charging and discharging, and constantly displaying the charge state of the battery.
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`See Paefgen, at p. 318. Gray describes its power storage device as a fluid pressure
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`accumulator or a battery, and, in the context of the fluid pressure accumulator,
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`Gray describes monitoring the fluid pressure with a pressure sensor. See Gray, at
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`col. 3, lines 30-39, and col. 7, lines 28 to 42.
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`16. Paefgen describes that switching between the engine and the electric motor
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`“occurs automatically, depending on the requirements of the driving operation.”
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`See Paefgen, at p. 319. For example, “[i]n city driving, in particular in stop-and-go
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`10
`
`10
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`
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`driving, the advantages of the electric drive fully take effect, because energy is
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`then required only when the vehicle is actually in motion.” See Paefgen, at p. 319.
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`17. Gray describes “mode 4,” shown in Figure 2D and corresponding to Paice’s
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`“low-load mode I,” in which “an unusually small road load is experienced.” See
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`Gray, at col. 9, lines 11 to 12. Under these conditions, “the engine cannot deliver
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`such a small amount of power at acceptable efficiency,” and “the pump/motor 7
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`(acting as a motor) provides power by itself.” See Gray, col. 9, lines 12 to 16
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`(“[A]n unusually small road load is experienced … the pump/motor 7 (acting as a
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`motor) provides power by itself.”), Fig. 2D.
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`
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`18. Paefgen describes that switching between the engine and the electric motor
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`“occurs automatically depending on the requirements of the driving operation.” See
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`Paefgen, at p. 319. For example, “[f]or longer distances, it is generally the diesel
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`engine that is used exclusively.” See Paefgen, at p. 319.
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`11
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`11
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`
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`19. Gray describes “mode 2,” shown in Fig. 2B and corresponding to Paice’s
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`“highway cruising mode IV,” in which the road load is within the range of optimal
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`efficiency of the engine (between levels A and B), and the engine drives the
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`vehicle alone. See Gray, at col. 8, lines 52 to 63 (“[W]hen power demanded of
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`engine 1 is within the range of optimum efficiency ... all of the power is provided
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`by the engine 1.”), Fig. 2B.
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`
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`20. Paefgen describes that switching between the engine and the electric motor
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`“occurs automatically, depending on the requirements of the driving operation.”
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`See Paefgen, at p. 319.
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`21. Gray describes “mode 1,” shown in Fig. 2A, and corresponding to Paice’s
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`“acceleration mode V,” in which the road load is greater than the upper limit of the
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`efficient range for the engine (above power level B), and the engine and motor
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`12
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`12
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`
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`operate together to drive the vehicle. See Gray, at col. 8, lines 41 to 46 (“[W]hen
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`the power demanded is greater than that deliverable at optimum efficiency by the
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`engine 1 … that portion of load which exceeds B is provided by the pump/motor 7
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`(acting as a motor), while the engine 1 provides the rest.”), Fig. 2A.
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`
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`22. Paefgen describes using the engine to operate the electromotor as a
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`generator. See Paefgen, at p. 318.
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`23. Gray describes “mode 3,” shown in Fig. 2C, in which the road load is below
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`the efficient range of the engine (i.e., below power level A), so that the engine
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`operating in its efficient range provides power in excess of the road load. In such
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`circumstances, if the power storage device is low, the power in excess of the road
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`load is directed to the motor for storage. See Gray, at col. 8, line 64 to col. 9, line
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`11 (“While road load demanded is represented by either of the points (a) or (b)
`
`shown in FIG. 2C, the power output of the engine is increased along the optimum
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`13
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`13
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`
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`efficiency line to a point at which sufficient excess power is generated, illustrated
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`here by the point (c). The excess power that does not go to road load is fed into the
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`pump/motor 7 (acting as a pump) which stores it in the accumulator 6 for future
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`Mode 1 or Mode 4 events.”); col. 3, lines 35 to 39 (“the power storage device
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`could be, for example, the combination of a storage battery, generator/alternator,
`
`and an electric motor”); Fig. 2C.
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`
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`24. Gray describes an efficient range of the engine between power levels A and
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`B of Figures 2A-2D. Point A (corresponding to the claimed lower level setpoint) is
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`the low end of the range of optimum efficiency and substantially less than point B
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`(corresponding to the claimed maximum torque output). See Gray, at col. 8, lines
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`35 to 39, Fig. 2B.
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`25. As of the filing date of the ’347 patent, it was common for automotive
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`engines to have a broad band of torque output in which the engine would operate
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`14
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`14
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`
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`efficiently. For example, Severinsky ’970 describes that the efficient operational
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`point of an internal combustion engine “produces 60-90% of its maximum torque
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`whenever operated.” See Severinsky ’970, at col. 20, lines 63 to 67. The paper
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`“Electric Hybrid Drive Systems for Passenger Cars and Taxis” (“Kalberlah”),
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`which was presented at the SAE (Society of Automotive Engineers) International
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`Congress and Exposition in Detroit, Michigan between February 26-March 1, 1991
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`and published by the SAE in 1991, also discloses in Figure 8 that the transition
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`point for switching between the electric motor and the internal combustion engine
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`is substantially less than a maximum torque output of the internal combustion
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`engine.
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`26. Accordingly, in view of Gray’s description of point A, the low end of the
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`efficient operating range of the engine, torque values substantially less than the
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`engine MTO would have been a routine adaptation to apply to a hybrid vehicle
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`such as the Audi Duo described by Paefgen.
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`27. As described above, Paefgen’s Audi Duo controls its hybrid drive
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`“depending on the requirements of the driving operation”. See Paefgen, at p. 319.
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`28. Gray describes “mode 4” (Fig. 2D), “mode 2” (Fig. 2B), and “mode 1” (Fig.
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`2A), corresponding to the claimed low-load mode I, highway cruising mode IV,
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`and acceleration mode V, respectively. See Gray, at col. 8, line 41 to col. 9, line 17.
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`15
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`15
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`
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`29. Gray describes a clutch for disengaging the wheels from the first drive train
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`when the power demand is zero, i.e., in claimed low-load mode I. See Gray, at col.
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`4, lines 21 to 26, col. 8, lines 15 to 23. In particular, Gray describes that the clutch
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`is normally engaged, and is only disengaged when zero power is demanded. See
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`Gray, at col. 8, lines 15 to 23. Thus, Gray describes the clutch engaging the wheels
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`and the first drive train when the road load is non-zero, as in claimed modes IV and
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`V.
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`30. As described above, Paefgen’s Audi Duo controls its hybrid drive
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`“depending on the requirements of the driving operation.” See Paefgen, at p. 319.
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`For example, Paefgen describes switching between operating modes at the “kick-
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`down point.” See Paefgen, at p. 319.
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`31. Gray describes acceleration from a stop (i.e., Paice's low-load mode I) in
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`which more power is needed that the engine can provide, so that the motor supplies
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`additional power (i.e., acceleration mode V). See Gray, at col. 5, lines 33 to 36.
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`Following the flowchart for control by the microprocessor shown in Figure 6, it
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`can be seen that the control processing cycle determines whether to utilize the
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`engine, the motor, or both to propel the vehicle and that it is possible to switch
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`from “mode 4,” corresponding to Paice’s “low-load mode I,” directly to “mode 1,”
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`corresponding to Paice’s “acceleration mode V.”
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`16
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`16
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`
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`32. Paefgen describes that it is beneficial “to combine the combustion engine
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`with an electric drive.” See Paefgen, at p. 317. Among the benefits of providing a
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`hybrid drive that includes the combustion engine and the electric drive are (1) that
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`it “is possible to drive in cities and populated areas in an emission-free manner”
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`and (2) that “the mobility when driving long distances is ensured.” See Paefgen, at
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`p. 317. The hybrid drive also provides improved fuel economy and carbon dioxide
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`(CO2) emissions, when compared to traditional engine-only vehicles. See Paefgen,
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`at p. 320. Gray recognizes problems associated with traditional engine-only
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`vehicles. For example, Gray acknowledges that engine-only vehicles “greatly add[]
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`to the atmospheric presence of various pollutants including greenhouse gases such
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`as carbon dioxide.” See Gray, at col. 1, lines 12 to 14. Gray also identifies the
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`desire to improve efficiency and fuel economy (“there has been a quest for
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`approaches
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`to
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`improve
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`the efficiency of fuel utilization for automotive
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`powertrains.”). See Gray, at col. 1, lines 14 to 16. Improving efficiency and fuel
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`economy are common goals of Gray and Paefgen, and are among the same goals
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`purportedly achieved by the ’347 patent. See ’347 patent, at col. 1, lines 21 to 26
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`(referring to “improved fuel economy and reduced pollutant emissions”).
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`33. To address the “quest for approaches to improve the efficiency of fuel
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`utilization for automotive powertrains,” Gray describes a hybrid control strategy in
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`which the controlling variable is road load. According to Gray, approximately 85%
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`17
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`17
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`
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`to 90% of fuel energy consumed in conventional engine-only powertrains is wasted
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`as heat. See Gray, at col. 1, lines 25 to 27. Thus, only 10% to 15% of the energy is
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`available to propel the vehicle, and even much of that energy is dissipated as heat
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`in braking. See Gray, at col. 1, lines 27 to 29. In Gray’s system, the operating mode
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`is determined based on road load to maintain high efficiency by operating the
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`internal combustion engine at near peak efficiency. See Gray, at col. 1, line 60 to
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`col. 2, line 12. By operating the engine in the peak efficiency range, an efficiency
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`in the range of 35% to 40% can be achieved, see Gray, at col. 1, lines 39 to 43,
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`which is a vast improvement over the 10% to 15% efficiency achieved in
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`traditional engine-only vehicles, see Gray, at col. 1, lines 27 to 29.
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`34.
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`In addition to vastly improving efficiency and fuel economy, Gray’s system,
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`in which the controlling variable is road load, improves emission control. For
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`example, Gray describes that “broad variation in speed and load experienced by the
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`engine in a conventional powertrain makes it difficult to effectively control
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`emissions because it requires the engine to operate at many different conditions of
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`combustion.” See Gray, at col. 1, lines 54 to 57. By utilizing road load as the
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`controlling variable to operate the engine at more constant load allows “much
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`better optimization of any emission control devices, and the overall more efficient
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`settings of the engine would allow less fuel to be combusted per mile traveled.”
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`See Gray, at col. 1, lines 58 to 61.
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`18
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`18
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`
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`35. Gray is assigned on its face to “The United States of America as represented
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`by the Administrator of the U.S. Environmental Protection Agency.” A person of
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`ordinary skill in the art seeking to address issues of fuel efficiency and pollutant
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`emissions, would immediately turn to the EPA as a source of pertinent
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`information. Thus, by the very fact that Gray is an EPA patent would motivate a
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`person of ordinary skill in the art to utilize its road-load-based control strategy in
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`the hybrid vehicles disclosed by Paefgen.
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`36.
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`In view of the foregoing, Gray expressly describes reasons for utilizing a
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`hybrid control strategy in which the controlling variable is road load, including
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`improved efficiency, reduced emissions, etc.
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`The Disclosures of Paefgen, Gray, and Probst
`Claim 24
`
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`37. Probst describes a drive train control for a motor vehicle using operating
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`parameters of the vehicle, and accelerator pedal position, to determine engine
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`output, to minimize the discharge of harmful substances. See Probst, at Abstract,
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`col. 2, lines 3 to 30. In an effort to minimize vehicle emissions, Probst describes
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`monitoring the driver’s operation of the vehicle to classify operating parameters of
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`the vehicle, and using the operating parameters to control the drive sources and
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`decelerating units of the drive train. See Probst, at col. 2, lines 3 to 30. The driver
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`type or driving strategy, such as driving performance-orientated mode and
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`economical mode, is set based on the detection of the driver’s individual driving
`19
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`19
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`
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`maneuvers. See Probst, at col. 8, line 20 to col. 9, line 4. Parameters describing the
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`exterior conditions, such as traction, can also be taken into consideration. See
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`Probst, at col. 12, line 31 to col. 13, line 5. Given these inputs, the controlled
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`engine output in response to a driver’s actuation of the accelerator pedal is
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`adjusted. For example, in the case of poor traction (“winter operation, split
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`subsoil”), the sensitivity of the system in response to the accelerator pedal may be
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`reduced. See Probst, at col. 12, line 26 to col. 13, line 5 (“[G]iven the same
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`accelerator pedal produce less wheel torque.”). That is, the system monitors
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`patterns of vehicle operation over time, and varies the setpoint of the accelerator
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`pedal accordingly. See also Probst, at col. 16, lines 22 to 25 (“[I]ndividual
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`operating points of this hybrid drive are set by the calculating device.”).
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`38.
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`It would have been a routine adaptation to utilize road load as the controlling
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`variable in a hybrid control strategy to control the power source used to drive the
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`vehicle, as described by Gray, in the Audi Duo hybrid drive described by Paefgen,
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`to provide for improved efficiency and fuel economy and to provide for reduced
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`emissions. Similarly, it would have been a routine adaptation to monitor patterns of
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`vehicle operation over time, and to vary the setpoints accordingly, because Probst
`
`describes that controlling the engine output strategy in this manner “improve[s] the
`
`overall operation of a motor vehicle,” “the emissions (hydrocarbons, nitrogen
`
`oxides etc.) are minimized,” and “the discharge of harmful substances, in particular
`
`20
`
`20
`
`
`
`in an urban area, is minimized.” See Probst, at col. 2, lines 3 to 11. Paefgen and
`
`Gray describe the same goals, reducing emissions in vehicle drives by increasing
`
`efficiency. See Paefgen, at p. 316 (“[T]he hybrid automobile ... allows emission-
`
`free and low noise driving within cities and populated areas.”); Gray, at Abstract
`
`(“Engine output speed is controlled for optimum efficiency.”).
`
`The Disclosures of Paefgen, Gray, and Moroto
`Claim 25
`
`39. Moroto describes a hybrid vehicle having an internal combustion engine and
`
`an electric motor, and a drive power share computer to apportion needed drive
`
`power between the engine and electric motor. See Moroto, at Abstract. Moroto
`
`describes drive mode maps for indicating which drive mode to propel the vehicle,
`
`according to the acceleration pedal operation degree and vehicle traveling speed.
`
`For example, Figure 10 (reproduced below) illustrates that, at low pedal operation
`
`degree, and at low traveling speed, the drive mode map indicates a motor drive
`
`mode, in which only the motor drives the vehicle. At increased pedal operation
`
`degree (i.e., great acceleration), the drive map indicates an engine/motor drive
`
`mode, in which the engine and motor drive the vehicle together. At increased
`
`vehicle speed, the drive mode map indicates an engine drive mode, in which only
`
`the engine drives the vehicle. See Moroto, at col. 4, lines 13 to 21, col. 8, line 61 to
`
`col. 9, line 21. More specifically, however, Moroto describes changeover values
`
`for the accelerator pedal operation degree, and vehicle traveling speed, reflecting a
`21
`
`21
`
`
`
`“learned hysteresis.” See Moroto, at col. 8, line 61 to col. 9, line 21. That is, for
`
`example, the system only changes from motor drive mode to engine drive mode
`
`when the vehicle speed exceeds vA1, which is higher than vA2. Should the vehicle
`
`speed drop below vA1 again, the vehicle remains in engine drive mode; only when
`
`the vehicle speed drops below vA2 would the vehicle switch to motor drive mode.
`
`Similarly, accelerator pedal operation degree θ includes changeover values θA1
`
`and θA2, for changing between motor drive mode and engine/motor drive mode.
`
`See Moroto, at col. 8, line 61 to col. 9, line 21, Fig. 10.
`
`
`
`40. Moroto also notes that this "learned hysteresis" includes monitoring the
`
`changeover parameters (in this case, speed and accelerator position) over time. See
`
`
`
`Moroto Col. 7, ll. 20-24.
`
`22
`
`22
`
`
`
`41.
`
`It was also well-known at the time the ’347 patent was filed to evaluate a
`
`signal over a predetermined time to determine if it was above a detection threshold.
`
`For example, in radar detection systems the “binary integrator” sets a detection
`
`threshold (for example SP), and then assigns a value of one or zero to each
`
`incoming signal pulse to determine if the pulse amplitude is above or below the
`
`threshold. After a predetermined number of pulses have been detected (which in a
`
`periodic pulse system would also correspond to a predetermined time interval), the
`
`number of detected pulses is counted and compared to the total number of pulses.
`
`If the number of pulses above the threshold is sufficiently high, then the system
`
`makes an “alarm” decision. That is, over a pre-determined time interval, if the
`
`received pulses have exceeded the threshold for more than a predefined amount of
`
`time, the system responds with a detection event or alarm.
`
`42. As discussed in more detail above, it would have been a routine adaptation
`
`to use road load as the controlling variable in a hybrid control strategy to control
`
`the power source (engine, motor, or both) used to drive the vehicle, as described by
`
`Gray, in the Audi Duo hybrid drive described by Paefgen to, for example, provide
`
`for improved efficiency and fuel economy and to provide for reduced emissions.
`
`Similarly, it would have been a routine adaptation to apply hysteresis to the
`
`transition from motor propulsion to engine propulsion, to provide “an improved
`
`23
`
`23
`
`
`
`hybrid vehicle which continues travelling comfortably.” See Moroto, at col. 1, lines
`
`47 to 49.
`
`The Disclosures of Paefgen, Gray, and Lateur
`Claim 27
`
`
`43. Lateur describes a hybrid vehicle having a heat engine and two electric
`
`motors, and a control arrangement to operate the driving of the vehicle. See Lateur,
`
`at Abstract. Lateur describes a cruise control feature, in which a microprocessor 26
`
`receives a “cruise control on” signal, and identifies the present speed and road. See
`
`Lateur, at col. 9, lines 46 to 54. In the cruise control process, if the vehicle speed is
`
`to be maintain through changing loads, the torque applied to output shaft 62 is
`
`changed via the motor/generators 12,14, and the desired speed is maintained. See
`
`Lateur, at col. 10, lines 36 to 43; see also Lateur, at col. 10, lines 52 to 54.
`
`44. As discussed in more detail above, it would have been a routine adaptation
`
`to use road load as the controlling variable in a hybrid control strategy to control
`
`the power source (engine, motor, or both) used to drive the vehicle, as described by
`
`Gray, in the Audi Duo hybrid drive described by Paefgen to, for example, provide
`
`for improved efficiency and fuel economy and to provide for reduced emissions.
`
`Similarly, it would have been a routine adaptation to apply the cruise control
`
`feature of Lateur to adjust the torque applied to the output shaft in response to
`
`changes in road load, as described by Lateur, so that the driver’s desired vehicle
`
`speed is maintained. See Lateur, at col. 10, lines 36 to 43.
`24
`
`24
`
`
`
`The Disclosures of Paefgen, Gray, and Severinsky ’970
`Claim 41
`
`45. Severinsky ’970 describes a hybrid vehicle having an internal combustion
`
`engine and an electric motor, and a controllable torque transfer unit. See
`
`Severinsky ’970, at Abstract. Severinsky ’970 notes that, in certain circumstances,
`
`the engine 40 must be run at low power, below its efficient operating range, such
`
`as when the vehicle is operated in traffic and the battery is being charged. In such
`
`circumstances, the engine will still be used, to prevent the batteries from being
`
`excessively discharged. See Severinsky ’970, at col. 18, lines 23 to 33.
`
`46. As discussed in more detail above, it would have been a routine adaptation
`
`to use road load as the controlling variable in a hybrid control strategy to control
`
`the power source (engine, motor, or both) used to drive the vehicle, as described by
`
`Gray, in the Audi Duo hybrid drive described by Paefgen to, for example, provide
`
`for improved efficiency and fuel economy and to provide for reduced emissions.
`
`Similarly, it would have been a routine adaptation to operate the engine at low
`
`output levels, below the engine’s efficiency range, as described by Severinsky
`
`’970, so that the batteries that would power the electric motor are not excessively
`
`discharged, “which would substantially reduce
`
`the battery
`
`lifetime.” See
`
`Severinsky ’970, at col. 18, lines 23 to 33.
`
`
`
`25
`
`25
`
`
`
`I declare that all statements made herein of my own knowledge are true and that all
`
`statements made on information and belief are believed to be true, and further that
`
`these statements were made with the knowledge that willful false statements and
`
`the like so made are punishable by fine or imprisonment, or both, under §1001 of
`
`Title 18 of the United States Code.
`
`
`
`Dated: 11/11/2016
`
`
`
`
`
`
`
`
`____________________________
`Scott Andrews
`
`
`
`26
`
`26
`
`
`
`EXHIBITA
`
`27
`
`EXHIBIT A
`
`27
`
`
`
`
`(650) 279-0242
`
`
`Scott Andrews
`scott@cogenia.com
`
`Petaluma, CA
`
`Summary
`Creative, energetic, and innovative internationally recognized technical executive
`experienced
`in general management, systems engineering, advanced product
`development, advanced technology, business development, strategic planning, and
`program management
`
`• Enterprise Software
`• Multimedia/Internet Computing
`• Vehicle Safety and Control Systems
`• Spacecraft Electronics
`• Mo
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