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DECLARATION OF SCOTT ANDREWS
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`I, Scott Andrews declare as follows,
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`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
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`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
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`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
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`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
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`and development projects relating to numerous vehicle information systems, user
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`interface systems, sensory systems, control systems, and safety systems, and I also
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`had the opportunity to collaborate with numerous researchers and suppliers to the
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`1
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`VWGoA - Ex. 1002
`Volkswagen Group of America, Inc. - Petitioner
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`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. 8,214,097 (“the ’097 patent”). I have over 20 years of
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`experience in fields relevant to the ’097 patent.
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`2.
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`I have reviewed the ’097 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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`7,104,347 (“the ’347 patent”), and 7,237,634 (“the ’634 patent”) which share
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`substantially the same specification as the ’097 patent, as well as the prosecution
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`history of both patents. I have also reviewed German Published Patent Application
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`No. 44 44 545 (“Barske”), U.S. Patent No. 5,495,912 (“Gray”), Vittone et al.,
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`FIAT Research Centre, Fiat Conceptual Approach to Hybrid Car Design, 12th
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`International Electric Vehicle Symposium (1994) (“Vittone”), U.S. Patent No.
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`5,343,970 (“Severinsky ’970”), U.S. Patent No. 5,865,263 (“Yamaguchi”), and
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`U.S. Patent No. 4,707,984 (“Katsuno”).
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`The ’097 Patent
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`3.
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`The ’097 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), so that the engine is run only under conditions of high efficiency.
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`See ’097 patent, at Abstract. The engine is capable of operating efficiently between
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`a lower-level setpoint (“SP”) and a maximum torque output (“MTO”). The vehicle
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`can 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 as “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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`4.
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`The rate of change of the engine’s torque output is limited to limit
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`undesirable emissions and to improve fuel economy. See ’097 patent, at col. 38,
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`line 62 to col. 39, line 1. More specifically, the rate of change of engine torque is
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`limited to less than the engine’s inherent maximum rate of increase in output
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`torque such that combustion of fuel within the engine occurs at a substantially
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`stoichiometric ratio.
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`The Volkswagen Development of Hybrid Vehicles
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`5.
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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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`torque from an internal combustion engine, an electric motor, or both, depending
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`on driving parameters.
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`6.
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`For example, Barske, filed
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`in 1994, describes certain aspects of
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`Volkswagen’s hybrid technology. Barske describes a parallel hybrid vehicle
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`having an internal combustion engine and an electric motor, with a battery, for
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`propelling the vehicle. Barske describes using a crankshaft to couple or decouple
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`modules of the engine and the motor from the drive train, depending on certain
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`factors identified in Table II, reproduced below. See Barske, at p. 2, lines 6 to 8, p.
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`3, line 31 to p. 4, line 5, Table II. Specifically, Table II indicates that the
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`determination of which power source will be used to propel the vehicle (the
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`electric motor, the first engine module, the second engine module, or some
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`combination thereof), is based on load: “small load,” “medium load,” or “full
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`load.”
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`7.
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`Barske’s control strategy is based on load in the same manner claimed in the
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`’097 patent. For example, Barske describes mode “a),” 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 load.” Barske also describes modes “b)” and “d),”
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`corresponding to Paice’s “highway cruising mode,” in which the vehicle is
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`propelled by only the internal combustion engine (either by the first module of the
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`internal combustion engine or both the first module and the second module of the
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`internal combustion engine) under conditions of “medium load” or “full load.”
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`Barske describes mode “e),” corresponding to Paice’s “acceleration mode V,” in
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`which the vehicle is propelled by the internal combustion engine (both the first
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`module and the second module of the internal combustion engine) and the electric
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`motor for “great acceleration.”
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`Gray and Vittone
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`8.
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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 ’097 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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`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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`9.
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`Vittone, for example, also describes a parallel hybrid vehicle featuring an
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`electronic control unit which implements the “working strategies of the vehicle” by
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`activating the two drive trains in hybrid drive: the electric motor and thermal
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`engine. See Vittone, at pp. 463-465. Vittone describes that one of the objectives of
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`the hybrid drive is “to introduce only the electric traction in the phases in which the
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`thermal engine would be requested to work in low efficiency conditions.” See
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`Vittone, at p. 464.
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`The Disclosures of Barske, Gray, and Vittone
`Claim 21
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`10. Gray describes a parallel hybrid powertrain vehicle including a primary
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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.
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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 ’097 patent, as described in more detail below.
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`11. Vittone also describes a parallel hybrid vehicle featuring an electronic
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`control unit which implements the “working strategies of the vehicle” by activating
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`the two drive trains in hybrid drive: the electric motor and thermal engine. See
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`Vittone, at pp. 463-465. Vittone describes that one of the objectives of the hybrid
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`drive is “to introduce only the electric traction in the phases in which the thermal
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`engine would be requested to work in low efficiency conditions.” See Vittone, at p.
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`464.
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`12. Barske describes a parallel hybrid vehicle, having an internal combustion
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`engine, an electric motor, a battery, two modules of the internal combustion engine
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`and a control procedure that makes it possible to “use the engine modules and the
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`electric motor in an optimum manner.”
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`13. 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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`14. Barske describes a parallel hybrid vehicle, having an internal combustion
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`engine, an electric motor, a battery, wheels, two modules of the internal
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`combustion engine and a control procedure that makes it possible to “use the
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`engine modules and the electric motor in an optimum manner.” See Barske, at p. 8,
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`8
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`p. 10, lines 5 to 13. A controller controls the electric motor and charges the battery,
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`a mixture and engine controller are responsible for controlling the first and second
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`modules of the internal combustion engine. See Barske, at p. 6, lines 1 to 7, p. 7,
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`lines 8 to 10.
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`15. Gray also describes a parallel hybrid drive system, having an internal
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`combustion engine, a storage battery, a microprocessor, wheels, and an electric
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`motor. See Gray, at col. 3, lines 13 to 39. Gray describes operating the engine near
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`peak efficiency by adding load or adding power as needed, according to the road
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`load as illustrated in Figures 2A-2D. See Gray, at col. 4, lines 61 to 67 and col. 8,
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`line 35 to col. 9, line 16.
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`16. Vittone also describes a parallel hybrid vehicle featuring an electronic
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`control unit which implements the “working strategies of the vehicle” by activating
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`the two drive trains in hybrid drive: the electric motor and thermal engine. See
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`Vittone, at pp. 463-465.
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`17. As described by the Applicant in an Amendment filed on February 2, 2012,
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`“all engines have an inherent limitation on the maximum rate of increase at which
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`they can supply torque responsive to increase in fuel supplied.”
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`18. According to Barske, an electric motor and two modules of an internal
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`combustion engine are managed “in an optimum manner.” See Barske, at p. 8. For
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`example, under “small load,” the electric motor propels the vehicle; under
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`“medium load,” the first module of the engine propels the vehicle; under “full
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`load,” both modules of the engine propel the vehicle; and during “acceleration” or
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`“great acceleration,” the electric motor and the engine together propel the vehicle.
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`See Barske, at p. 8.
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`19. 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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`20. According to Barske, an electric motor and two modules of an internal
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`combustion engine are managed “in an optimum manner.” See Barske, at p. 8. For
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`example, under “small load,” the electric motor propels the vehicle. See Barske, at
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`p. 8.
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`21. Gray describes “mode 4,” shown in Fig. 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, Fig.
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`2D.
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`22. According to Barske, an electric motor and two modules of an internal
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`combustion engine are managed “in an optimum manner.” See Barske, at p. 8. For
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`example, under “medium load,” the first module of the engine propels the vehicle.
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`See Barske, at p. 8. Further, under “full load,” both modules of the engine propel
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`the vehicle. See Barske, at p. 8.
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`23. Gray describes “mode 2,” shown in Fig. 2B and corresponding to Paice’s
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`“highway cruising mode IV,” in which a 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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`24. Gray also describes an efficient range of the engine between points A and B
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`of Figures 2A-2D. Point A (corresponding to the claimed setpoint) is the low end
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`of the range of optimum efficiency, less than a maximum torque output (point B)
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`of the engine. See Gray, at col. 8, lines 35 to 39, Fig. 2B.
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`25. As of the filing date of the ’097 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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`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.
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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, a torque setpoint value substantially less
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`than the MTO would have been a routine adaptation to apply to a hybrid vehicle
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`such as the one described by Barske. As of the filing date of the ’097 patent, it was
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`common for automotive engines to have a broad band of torque output in which
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`the engine would operate efficiently. For example, Severinsky ’970 describes that
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`the efficient operational point of an internal combustion engine “produces 60-90%
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`of its maximum torque whenever operated.” See Severinsky ’970, at col. 20, lines
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`63 to 67. The paper “Electric Hybrid Drive Systems for Passenger Cars and Taxis”
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`(“Kalberlah”), which was presented at the SAE (Society of Automotive Engineers)
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`International Congress and Exposition in Detroit, Michigan between February 26-
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`March 1, 1991 and published by the SAE in 1991, also discloses in Figure 8 that
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`the transition point for switching between the electric motor and the internal
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`combustion engine is substantially less than a maximum torque output of the
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`internal combustion engine.
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`27. According to Barske, an electric motor and two modules of an internal
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`combustion engine are managed “in an optimum manner.” See Barske, at p. 8. For
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`example, during “acceleration” or “great acceleration,” the electric motor and the
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`engine together propel the vehicle. .” See Barske, at p. 8.
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`28. 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 point B), and the engine and motor operate
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`together to drive the vehicle. See Gray, at col. 8, lines 41 to 46 (“[W]hen the power
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`demanded is greater than that deliverable at optimum efficiency by the engine 1 …
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`that portion of load which exceeds B is provided by the pump/motor 7 (acting as a
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`motor), while the engine 1 provides the rest.”), Fig. 2A; See also Gray, at col. 7,
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`lines 13 to 16 (“When the power demanded at the wheels 5 is larger than the power
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`deliverable by the engine 1 alone, additional power is provided by the pump/motor
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`7 (acting as a motor in the first mode).”).
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`29. Vittone describes that management of a hybrid vehicle’s propulsion units,
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`i.e., the engine and the motor, is performed by an ECU to optimize the
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`performance of the system, in terms of, for example, consumption, emissions, and
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`battery energy management. See Vittone, at p. 458. To attain optimized
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`performance, Vittone describes software-implemented control strategies for the
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`engine “to achieve the stoichiometric control” over the working range of the
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`engine. See Vittone, at p. 463. Figure 8 (below) illustrates a steady state
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`management of the engine in the transient phases, in which the rate of change of
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`the engine torque output is lower than the “driveability torque requirements.” See
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`Vittone, at p. 464.
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`30. According to Barske, an electric motor and two modules of an internal
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`combustion engine are managed “in an optimum manner.” See Barske, at p. 8. For
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`example, the second module of the internal combustion engine and the generator
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`can function as an “emergency current generator.” See Barske, at p. 8. Further, the
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`first module and electric motor can be operated together for charging the battery.
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`See Barske, at p. 8.
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`31. 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 point A), so that the engine operating
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`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)
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`shown in FIG. 2C, the power output of the engine is increased along the optimum
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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.”), Fig. 2C.
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`32. Barske describes that hybrid vehicles are beneficial because they allow
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`electric drive when “the emissions of pollutants are to be avoided,” particularly “in
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`factory halls and in communities or cities where there is a risk of smog.” See
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`Barske, at p. 2, lines 6 to 14. Among the benefits of providing a hybrid drive that
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`includes the combustion engine and the electric drive, as described by Barske, are
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`(1) “optimum use of the internal combustion engine by way of three characteristic
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`fields (small, medium or large load) that can be used cumulatively;” and (2)
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`“emission-free or particularly low emission driving over longer distances.” See
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`Barske, at p. 10, lines 5 to 21. Gray similarly recognizes benefits associated with
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`using hybrid vehicles as compared to traditional engine-only vehicles. For
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`example, Gray acknowledges that engine-only vehicles “greatly add[] to the
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`atmospheric presence of various pollutants including greenhouse gases such as
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`carbon dioxide.” See Gray, at col. 1, lines 12 to 14. Gray also identifies the desire
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`to improve efficiency and fuel economy (“there has been a quest for approaches to
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`improve the efficiency of fuel utilization for automotive powertrains.”). See Gray,
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`at col. 1, lines 14 to 16. Vittone also addresses efficiency, fuel economy, and
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`pollution emissions. See Vittone, at p. 458 (“The management of the two
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`propulsion units: electric motor and ICE is performed via an ECU using suitable
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`control logics to optimize, in terms of consumptions, emissions and battery energy
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`management, the performance of the global system.”). Improving efficiency and
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`fuel economy are common goals of Barske, Gray, and Vittone, and are among the
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`same goals purportedly achieved by the ’097 patent. See ’097 patent, at col. 1, lines
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`24 to 32 (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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`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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`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 Barske.
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`36. Vittone expressly identifies “different motivations behind the development
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`of hybrid cars,” including, for example, “optimiz[ing], in terms of consumptions,
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`emissions and battery energy management, the performance of the global system.”
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`See Vittone, at p. 458. To obtain this optimization, Vittone’s control software
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`“achieve[s] the stoichiometric control over the whole working range.” See Vittone,
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`at p. 463.
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`37.
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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., and Vittone expressly identifies
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`motivations (e.g., optimization of performance of the system, in terms of
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`consumptions, emissions, and battery energy management) for utilizing the
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`software control to “achieve the stoichiometric control over the whole working
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`range.”
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`The Disclosures of Barske, Gray, Vittone, and Severinsky ’970
`Claim 27
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`38. Severinsky ’970 describes a hybrid vehicle having an internal combustion
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`engine and an electric motor, and a controllable torque transfer unit. See
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`Severinsky ’970, at Abstract. Severinsky ’970 notes that, in certain circumstances,
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`the engine 40 must be run at low power, below its efficient operating range, such
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`as when the vehicle is operated in traffic and the battery is being charged. In such
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`circumstances, the engine will still be used, to prevent the batteries from being
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`excessively discharged. See Severinsky ’970, at col. 18, lines 23 to 33.
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`39.
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`It would have been a routine adaptation to use road load to control the power
`
`source (engine, motor, or both) used to drive the vehicle, as described by Gray, in
`
`the hybrid drive described by Barske, as described in more detail above. Similarly,
`
`it would have been a routine adaptation to apply the steady state management of
`
`Vittone to limit the rate of change of torque output of the engine, as described by
`
`Vittone, to achieve further emission reduction while still providing the torque
`
`demanded by the driver. See Vittone, at p. 464. Moreover, 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
`21
`
`21
`
`

`
`substantially reduce the battery lifetime.” See Severinsky ’970, at col. 18, lines 23
`
`to 33.
`
`The Disclosures of Barske and Vittone
`Claim 30
`
`40. Barske describes a parallel hybrid vehicle, having an internal combustion
`
`engine, an electric motor, a battery, wheels, two modules of the internal
`
`combustion engine and a control procedure that makes it possible to “use the
`
`engine modules and the electric motor in an optimum manner.” See Barske, at p. 8,
`
`p. 10, lines 5 to 13. A controller controls the electric motor and charges the battery,
`
`a mixture and engine controller are responsible for controlling the first and second
`
`modules of the internal combustion engine. See Barske, at p. 6, lines 1 to 7, p. 7,
`
`lines 8 to 10.
`
`41. Barske describes that an electric motor and two modules of an internal
`
`combustion engine are managed “in an optimum manner.” See Barske, at p. 8. For
`
`example, during “acceleration” or “great acceleration,” the electric motor and the
`
`engine together propel the vehicle. See Barske, at p. 8.
`
`42. Vittone describes a hybrid vehicle that “utilizes the combination of the two
`
`engines (thermal and electric), adding on the same shaft the respective torque and
`
`power to achieve the desired performance.” See Vittone, at p. 460. Vittone also
`
`describes “addition of the electric power to that of the thermal engine, with power
`
`peaks covered by the electric motor.”
`
`22
`
`22
`
`

`
`43. Vittone describes software-implemented control strategies for an engine in a
`
`hybrid vehicle “to achieve the stoichiometric control” over the working range of
`
`the engine. See Vittone, at pp. 463-464; Figure 8.
`
`44.
`
`It would have been a routine adaptation to utilize the steady state
`
`management of Vittone to limit the rate of change of torque output of the engine,
`
`as described by Vittone, in the hybrid drive described by Barske, to achieve further
`
`emission reduction while still providing the torque demanded by the driver. See
`
`Vittone, at p. 464. Vittone expressly identifies “different motivations behind the
`
`development of hybrid cars,” including, for example, “optimiz[ing], in terms of
`
`consumptions, emissions and battery energy management, the performance of the
`
`global system.” See Vittone, at p. 458. To obtain this optimization, Vittone’s
`
`control software “achieve[s] the stoichiometric control over the whole working
`
`range.” See Vittone, at p. 463.
`
`The Disclosures of Barske, Vittone, and Yamaguchi
`Claim 32
`
`45. Yamaguchi describes a hybrid vehicle in which a generator/motor rotates an
`
`engine when the vehicle speed reaches an “engine starting speed V*.” See
`
`Yamaguchi, at Abstract. Specifically, Yamaguchi describes starting the engine
`
`when the engine rotational speed reaches 600 rpm. See Yamaguchi, at col. 8, lines
`
`62 to 65. Yamaguchi describes that “work, i.e. compression,” is produced from the
`
`23
`
`23
`
`

`
`generator/motor “turning over the engine,” i.e. rotating the engine, when starting
`
`the engine in this manner. See Yamaguchi, at col. 6, lines 23 to 27.
`
`46.
`
`It is well-known that compression of a gas, for example by rotating an
`
`engine as described by Yamaguchi above, causes the temperature of the gas to rise.
`
`This natural phenomenon is known as adiabatic heating. An ideal gas undergoing a
`
`reversible adiabatic process (for example simple compression in which no
`
`additional heat is added), can be represented by the relation (the polytropic process
`
`equation):
`
`PVv=constant
`
`P is the pressure of the gas
`
`Where:
`V is the volume of the gas
`
`
`
`v is the adiabatic index (also known and the polytropic
`
`
`
`
`exponent) for the gas (for air, v can be approximated by 1.21)
`
`
`
`47. The effect of heating due to compression in an engine cylinder is given by2:
`
`TC=T0ε(v-1)
`
`ε=(VN+VC)/VC, (i.e., the ratio of the volumes of the cylinder at
`
`Where:
`full volume (VN+VC ) and the volume at compression (VC), that
`
`
`
`is, the compression ratio of the cylinder.
`
`
`
`
`1 See Automotive Handbook, 3rd Ed. © Robert Bosch GmbH. 1993, Page 69
`
`2 See also Automotive Handbook, 3rd Ed. © Robert Bosch GmbH. 1993, Pages
`
`398-399
`
`24
`
`24
`
`

`
`48. By way of example, for a typical gasoline engine with a compression ratio of
`
`9:1, and an ambient temperature of 300 degrees Kelvin (roughly 80 degrees
`
`Fahrenheit), the temperature of the air in the cylinder at compression will be
`
`(300)9(1.2-1) =722 degrees Kelvin (or 840 degrees F). For a typical diesel engine
`
`with a compression ratio of 20:1, and an ambient temperature of 300 degrees
`
`Kelvin (roughly 80 degrees Fahrenheit), the temperature of the air in the cylinder
`
`at compression will be (300)20(1.2-1) =994 degrees Kelvin (or 1330 degrees F).
`
`49. Thus as described by Yamaguchi, the work performed by rotating the engine
`
`and thereby compressing the air in the cylinders (without igniting any fuel) will
`
`cause the temperature to rise by several hundred degrees, thereby heating the
`
`cylinders as described by the claim.
`
`50. Anyone of skill in the art would understand these gas behaviors and would
`
`find it obvious that rotation of the engine causes heating of the cylinders.
`
`51. As described in more detail above, it would have been a routine adaptation
`
`to utilize the steady state management of Vittone to limit the rate of change of
`
`torque output of the engine, as described by Vittone, in the hybrid drive described
`
`by Barske, as described above, to achieve further emission reduction while still
`
`providing the torque demanded by the driver and because limiting the change of
`
`output torque of the engine with an electric motor in a hybrid vehicle was well
`
`known before the earliest filing date claimed on the face of the ’097 patent. See
`
`25
`
`25
`
`

`
`Vittone, at p. 464. Like Barske and Vittone

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