UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`VOXX INTERNATIONAL CORPORATION
`Petitioner,
`
`v.
`
`JOHNSON SAFETY, INC.,
`Patent Owner.
`
`___________________
`
`Patent No. 8,585,140
`Filing Date: May 29, 2009
`Issue Date: November 19, 2013
`Title: HEADREST-MOUNTED MONITOR
`
`___________________
`Inter Partes Review No. IPR2017-00554
`
`
`
`DECLARATION OF MICHAEL NRANIAN
`
`
`
`
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`Voxx International Corp. Exhibit 1012
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`Patent 8,585,140
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`I. INTRODUCTION
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`1.
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`I have been retained on behalf of Indiano & McConnell, LLC, who are counsel for
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`Voxx International Corporation (hereinafter “Voxx”) for the above-captioned inter partes review
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`(“IPR”). I understand that this proceeding involves U.S. Patent No. 8,585,140 (the `140 patent)
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`entitled “Headrest-Mounted Monitor” by Chung L. Chang which is currently assigned to Johnson
`
`Safety, Inc. (hereinafter “JSI”).
`
`2.
`
`In this expert report, I provide opinions regarding the `140 patent and independent
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`claim 1 of the `140 patent. If needed, I expect to testify at trial on these issues, as set forth in this
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`report and in any supplemental reports or declarations that I may prepare for this IPR in the future.
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`I also expect to testify at trial with respect to the matters addressed by any expert testifying on
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`behalf of JSI, if asked about these matters by the Patent Trial and Appeal Board (“PTAB”) or by
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`the parties’ counsel. I may also testify on other matters relevant to this IPR, if asked by the PTAB
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`or by the parties’ counsel.
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`3.
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`This report is based on the information available to me as of the date of this report.
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`To ensure that my opinions are complete and accurate, I reserve the right to supplement or amend
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`this report if additional facts and information that affect my opinions become available. Such
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`information may include, for example, testimony from witnesses who have yet to be deposed,
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`materials produced subsequent to this report, and information and documents relevant to this
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`proceeding that have not yet been disclosed. I may also supplement or amend my report or
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`opinions in response to additional discovery or other events, and may rebut expert reports
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`submitted by JSI. If the PTAB further addresses additional claim construction issues, I intend to
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`reconsider the proceeding and amend my opinions in accordance with the PTAB’s guidance on
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`interpreting the claim terms.
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`
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`1
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`Voxx International Corp. Exhibit 1012
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`Patent 8,585,140
`My qualifications for forming the opinions set forth in this report are summarized
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`4.
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`infra and are addressed more fully in my Curriculum Vitae, which is attached as Exhibit A to this
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`expert report. Exhibit A also includes a list of the cases in which I have testified at deposition,
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`hearing, or trial during the past four years. I have not had any publications that have been released
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`to the public in the last ten years.
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`5.
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`All of the opinions stated in this expert report are based on my own personal
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`knowledge and professional judgment; if called as a witness during the trial in this matter, I am
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`prepared to testify competently about them. At trial I may also provide a brief tutorial on the
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`relevant technologies associated with the `140 patent, those technologies including general topics
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`such as vehicle hardware and software, mounting, storage, and packaging of displays and monitors,
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`mounting, tilting, slanting and positioning of displays and monitors, attachments, removal, and
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`replacement of displays and monitors, vehicle safety, human machine interfaces, and vehicle
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`interface design.
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`6.
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`I have reviewed and am familiar with the specification of the `140 Patent. I
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`understand that the `140 Patent is owned by Johnson Safety, Inc. (“Patent Owner”). The `140
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`Patent is directed to a head-rest mounted video system and was filed on May 29, 2009. The `140
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`Patent is a continuation of application No. 11/777,936, filed on July 13, 2007, now abandoned,
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`which is a continuation of application No. 11/401,475, filed on April 10, 2006, now Patent No.
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`7,267,402, which is a continuation of application No. 10/762,630, filed on January 20, 2004, now
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`Patent No. 7,044,546, which is a continuation-in-part of application No. 10/219,987, filed on
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`August 14, 2002, now Patent No. 7,036,879. The `140 Patent also claims priority to provisional
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`application No. 60/451,232, filed on February 28, 2003.
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`
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`Patent 8,585,140
`I will cite to the specification of the `140 patent using the following format: (`140
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`7.
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`Patent, Col. 1, ll. 1-10). This example citation points to the `140 patent specification at column 1,
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`lines 1-10.
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`8.
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`I have also reviewed and am familiar with the following documents, among others:
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` U.S. Patent No. 8,585,140 (attached as Exhibit 1001 to Petitioner’s
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`petition);
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` Prosecution history of U.S. Patent No. 8,585,140 (attached as Exhibit
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`1002 to Petitioner’s petition);
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` Prosecution history of U.S. application No. 10/762,630 (attached as
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`Exhibit 1003 to Petitioner’s petition);
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` Prosecution history of U.S. application No. 10/219,987 (attached as
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`Exhibit 1004 to Petitioner’s petition);
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` Directed Video Owner’s Guide / Installation Guide – Headrest Video
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`Monitor Model HVM500 (attached as Exhibit 1005 to Petitioner’s
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`petition);
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` Declaration of John T. Woods (attached as Exhibit 1006);
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` U.S. Patent No. 6,199,810 (attached as Exhibit 1007);
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`3
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`Patent 8,585,140
` JP 1-94049 (Japanese version – attached as Exhibit 1008 to Petitioner’s
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`petition);
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` JP 1-94049 (Certified English translation – attached as Exhibit 1009 to
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`Petitioner’s petition);
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` KR200256470Y1 – (Korean version – attached as Exhibit 1010 to
`
`Petitioner’s petition); and
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` KR200256470Y1 – (Certified English translation – attached as Exhibit
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`1011 to Petitioner’s petition).
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`9.
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`I have been asked to provide my technical review, analysis, insights, and opinions
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`regarding the `140 patent and the above-noted references that form the basis for the grounds of
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`unpatentability as I will set forth infra.
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`A. Qualifications
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`
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`10. My academic background is in engineering. I received a Bachelor of Science
`
`Degree in Chemical Engineering from Wayne State University in 1984. I received a Master of
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`Science in Electrical Engineering from Wayne State University in 1991. I received another
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`Bachelor of Science Degree from Wayne State University in 1993, this time in Electrical and
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`Computer Engineering. I also received a Juris Doctor Degree from Wayne State University in
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`1999. I also received a Master of Business Administration from the University of Michigan in
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`2002. I also am a licensed Professional Engineer, Certified Project Management Professional, as
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`well as a Lean Six Sigma Black Belt certified through the American Society for Quality and the
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`International Quality Federation.
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`11.
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`In a recent previous position, I worked as a contractor for the U.S. Army, for the
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`Chief Scientist’s Office, in the Tank and Automotive Research, Development and Engineering
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`Center (TARDEC) in Warren, Michigan. My recent position is in computer engineering science
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`and technology and cyber security for U.S. Army ground system vehicles at this same location.
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`12.
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`Prior to my employment with the Army, I worked as a design engineer and
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`engineering manager in the automotive industry from 1985 to 2007. This included experience at
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`Ford, General Motors, and Allied Signal. I worked at Allied Signal from 1992 to 1993, General
`
`Motors from 1993 to 1995, and Ford Motor Company from 1985 to 1992, and from 1995 to 2007.
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`13. While at Allied Signal and General Motors I worked as a Senior Project Engineer,
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`where my work included the design and development of automotive vehicle electrical systems and
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`architectures, electrical and data communication protocols, vehicle system and component level
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`diagnostics and parameter information retrieval from vehicle modules and systems, safety and
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`airbag sensing systems and electrical systems, sensor fusion technologies and assessments, safety
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`component and system diagnostics, user and occupant audio and visual interfaces and displays,
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`electromechanical/transducer and accelerometer based sensing systems, and the associated
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`warnings and displays for the above. This also included vehicle crash and safety system
`
`component and system development, as well as electrical system architectures including message,
`
`data, status, and warning prioritization and the transmission and display of information to vehicle
`
`users and occupants across different types of communication channels (including CAN, LIN, and
`
`other vehicle network architectures and busses). My responsibilities included vehicle hardware
`
`
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`Patent 8,585,140
`and software, mounting, storage, and packaging of displays and user interfaces, positioning of
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`displays and diagnostic information transmittal, attachments, removal, and replacement of displays
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`and information systems, vehicle safety, human machine interfaces, and vehicle interface design.
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`I conducted numerous system and component evaluations, laboratory tests, supplier and
`
`technology assessments, quality and reliability evaluations, as well as barrier and sled tests, and
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`developed corporate standards and specifications, design validation plans and reports and failure
`
`modes and effects analyses to design and develop automotive systems, the diagnostics of these
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`systems, as well as the associated information and warning displays. My responsibilities also
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`included ensuring compliance with Federal Motor Vehicle Safety Standards, ECE regulations,
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`Industry Standards, Corporate Standards, and Due-Care Requirements
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`14.
`
`Areas of my work included seats, vehicle interiors, headliners, displays and
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`diagnostics, occupant kinematics and ergonomics, sensors, display of information, warnings, and
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`diagnostics, as well as vehicle crash performance and occupant injury mitigation, active and
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`passive sensing systems which can be used in the vehicle interior or exterior, including the design
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`and development of sensing components and systems that incorporate electromagnetic wave
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`sensing (including but not limited to vision, camera, radar, LIDAR, infrared ultraviolet, and night
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`vision) as well as acoustical sensing. Areas of my work also specifically included automotive
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`vehicle safety systems, airbags, seatbelts, interior and exterior occupant protection systems,
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`sensing systems, electrical systems and architectures, electrical and data communication protocols,
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`vehicle system diagnostics, warnings, vision systems, occupant and infant/child seat sensing and
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`detection systems, out of position occupant detection, electrical and safety system diagnostics,
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`occupant ergonomic evaluations, user and occupant audio and visual interfaces and displays,
`
`
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`6
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`infrared, vision, camera, sonar, acoustic, radar, LIDAR, sensing and detection technologies and
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`systems.
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`15.
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`I conducted numerous system and component evaluations, laboratory tests, supplier
`
`and technology assessments, quality and reliability evaluations, as well as developed design
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`validation plans and reports and failure modes and effects analyses to design and develop
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`automotive safety, seat, and automotive interior occupant injury mitigation systems, sensing, and
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`electrical systems, including the integration of sensor fusion technologies, and the components and
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`systems for information and diagnostics storage and communication and retrieval, computer,
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`microprocessor and interface architectures, and automotive electrical system architectures and
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`communication protocols. I also ran numerous crash and sled tests involving automotive interior
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`system testing, development, and design.
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`16. My responsibilities also included technology assessments and proper supplier and
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`sourcing evaluation and selection, quoting and bidding, and the overall source selection for
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`numerous technologies. My responsibilities also included ensuring compliance with Federal Motor
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`Vehicle Safety Standards, ECE regulations, Industry Standards, Corporate Standards, and Due-
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`Care Requirements.
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`17.
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`I worked on the development of airbag, automotive interior, seat, and seat belt
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`systems, occupant kinematic evaluation, vehicle crash performance in frontal, side, rear, and
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`rollover accidents, occupant injury mitigation, occupant sensing and infant/child seat detections
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`systems, including infrared, RFID, vision, camera, laser, LED, beam, acoustical, ultrasonic,
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`capacitance, inductance, seat weight sensing, and other types of sensing technologies. I also
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`worked on sensing systems for various automotive applications, including sensor fusion
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`
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`7
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`technologies, for image and object detection, discrimination, and identification and the appropriate
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`status notifications to vehicle drivers and occupants. My work included analyses involving
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`statistical information from NASS and FARS databases. Also, for example, General Motors
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`applied for and was granted a Statutory Invention Registration for rear facing infant seat occupant
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`detection using a technology that I conceived of and developed.
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`18. While at Ford, my experience included working as a Product Design Engineer, a
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`Technical Specialist, a Design Analysis Engineer, and an Engineering Manager. My work included
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`the design and development of automotive vehicle electrical systems and architectures, electrical
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`and data networks and the related communication protocols and interfaces, user and occupant
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`audio and visual interfaces and displays, vehicle system diagnostics and fault codes, crash pulse
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`storage and diagnostics retrieval systems from vehicle modules, systems parameter information
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`retrieval from vehicle modules, and the associated warnings and displays for the above. My work
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`included vehicle hardware and software, mounting, storage, and packaging of information
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`displays, and the positioning, attachment, removal, and replacement of information displays,
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`warnings as well as the associated vehicle safety, human machine interfaces, and vehicle interface
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`design. My work included the design and development of these systems to meet vehicle
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`crashworthiness and crash performance requirements and occupant injury mitigation. My work
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`also
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`involved systems utilizing monitoring, and detection
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`technologies, as well as
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`electromechanical/transducer and accelerometer based sensing systems. I conducted numerous
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`system and component evaluations, laboratory tests, supplier and technology assessments, quality
`
`and reliability evaluations, as well as barrier and sled tests, and I developed corporate
`
`specifications, standards, design guidelines, design validation plans and reports and failure modes
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`and effects analyses. I worked with data storage and retrieval, data communication and critical
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`
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`Patent 8,585,140
`parameter storage, collision parameter storage and retrieval through electrical networks and
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`interfaces for automotive safety systems assessment related to occupant protection and injury
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`mitigation. My responsibilities also included ensuring compliance with Federal Motor Vehicle
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`Safety Standards, ECE regulations, Corporate Standards, Industry Standards, and Due-Care
`
`Requirements. I also conducted extensive field event analyses, forensic investigations, vehicle
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`inspections, accident reconstructions, and determined causation and root cause analyses for
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`hundreds of automotive accidents to provide information for improvement of designs for
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`automotive safety systems. My work included the design and development of automotive safety
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`systems and components for various different types of automotive applications including interior
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`seating and trim systems and components, as well as displays, and the display of information,
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`diagnostics, and warnings. This also extensively involved the testing and development of systems
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`and components for active and passive safety, vehicle diagnostics, status, displays, and warnings
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`to the driver and vehicle occupants, as well as the development of vehicle electrical system
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`architectures including message, data, status, and warning prioritization and the transmission and
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`display of information to vehicle users and occupants across different types of communication
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`channels (including CAN and other vehicle network architectures and busses). This also
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`extensively involved active and passive sensing systems which can be used in the vehicle interior
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`or exterior, including systems that incorporate electromagnetic wave sensing (including but not
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`limited to vision, camera, radar, LIDAR, infrared, ultraviolet, and night vision), as well as
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`acoustical, automotive, sensing and electrical systems and architectures, electrical and data
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`communication protocols, as well as the appropriate notifications to vehicle drivers, occupants,
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`and service personnel.
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`I worked extensively on vehicle system diagnostics and fault codes analyses,
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`19.
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`information and diagnostics communication and retrieval from vehicle modules and systems,
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`vehicle parameter information communication and retrieval from vehicle modules, sensor fusion
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`technologies assessments and integration, vision systems, image and object detection and
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`identification, occupant and infant/child seat sensing systems, occupant and out of position
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`occupant sensing and detection, critical parameter communication storage and retrieval, warnings,
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`occupant ergonomic evaluations, user and occupant audio and visual interfaces and displays,
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`vehicular compatibility analyses and assessments, storage and communication of critical
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`parameter information related to automotive vehicle systems as well as the interfaces involved in
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`communication and retrieval of this information. This included communication of sensor and
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`vehicle information through automotive vehicle computer, microprocessor, and electrical systems
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`and architectures, electrical and data communication protocols and interfaces, vehicle electrical
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`networks and network interfaces. I developed and authored the design verification plans and
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`reports and failure modes and effects analyses for automotive systems and components. I also
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`developed the testing specifications and requirements, and directed how these tests are to be
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`performed, as well as the standards and requirements for acceptable performance. I worked with
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`numerous external suppliers for these systems and components, to ensure proper system
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`performance to the testing requirements and specifications. I conducted numerous sled and crash
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`tests, and I also conducted design, testing, analyses, and crash testing to ensure overall system and
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`component level performance. I also have investigated several field events involving automotive
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`safety, and I have served as an expert witness and corporate representative regarding automotive
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`safety system and the design of automotive components and systems in my career. (I also have
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`investigated numerous automotive safety system field events, and served as a corporate
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`representative and expert witness in numerous matters involving the analyses of occupant
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`kinematics, forensic analyses, and injury causation, as well as the analysis, storage of, and display
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`of vehicle diagnostic information and warnings.)
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`20.
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`During my career as an engineer and manager in the automotive industry, with both
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`OEMs and the supply base, I developed specifications and requirements, and also oversaw tier
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`one, tier two, and sub-suppliers, as well as their manufacturing operations and facilities, to ensure
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`compliance to these requirements. (I am also Lean Six Sigma Black Belt certified through the ASQ
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`and IQF.) Part of my responsibilities included ensuring durability and reliability of component
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`and system performance over long term vehicle. I have extensive experience in establishing
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`standards and requirements, testing, design, and development of automotive systems and
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`components, as well as compliance to standards, requirements, and specifications, including all
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`production validation testing, in-process testing, and also for ensuring durability and reliability
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`over long-term vehicle life. This includes of the extensive testing, design, and development that
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`is especially critical for the safety systems that will potentially be relied upon to mitigate occupant
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`injury or death in an accident, and also to ensure proper system performance for Out of Position
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`(OOP) occupants (including infants, children, and occupants of all sizes and in various positions.
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`21.
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`Subsequent to my employment at Ford, I worked as a Systems Engineer for
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`Raytheon and General Dynamics, where I developed defense systems for military vehicles. Part
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`of my responsibilities also included technology assessments and selection. This includes
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`conducting and leading technology and sourcing trade studies and analyses using preset
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`requirements for evaluation and the preparation of the proper documentation to ensure the selected
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`alternatives meet or exceed the requirements and specifications for the components, system,
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`
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`vehicle, and overall mission system integration requirements as well as Department of Defense
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`5000 and 5001 protocols.
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`22.
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`In my current positions as a contractor and civilian employee for the U.S Army, as
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`well as my position with General Dynamics and Raytheon, my responsibilities include working
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`with internal scientists, researchers and technical staff, as well as outside collaborators and
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`universities, to develop technologies, innovation, and inventions for the protection of our soldiers
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`and the enhancement of our soldiers’ survivability in military vehicles. This includes cyber
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`security, computer engineering, computers, monitors, and the associated display of information
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`and the mounting and positioning of these displays in military vehicle interiors, as well as seating,
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`and occupant injury mitigation technologies and systems, as well as, the development and
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`assessment of vehicle and robotic data communication and electrical system architectures, vision
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`systems, infrared systems, object and image detection, identification, enhancement, notification
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`and display, critical parameter diagnostics and storage operating across vehicle data busses as well
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`as cellular and radio networks. My work includes vehicle hardware and software, mounting,
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`storage, and packaging of information displays and monitors, mounting, tilting, slanting,
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`positioning, of displays and monitors, attachments, removal, and replacement of displays and
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`monitors, occupant and user accessibility of displays and monitors – as well as the safe and
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`efficient storage of displays and monitors so as not to interfere with other mission system
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`requirements when appropriate, as well as the associated vehicle safety, human machine interfaces,
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`(touch screens, controls, and visual perception), and vehicle interface design.
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`23. My responsibilities include cyber system technologies and security, as well as seats
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`and vehicle interior systems, interior occupant injury mitigation components and systems,
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`computers, displays, and camera and vision systems, human interface displays, acoustic,
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`
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`ultrasonic, IR, radar, night vision, and electromagnetic wave sensing, sensor information
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`discrimination and identification, robotic systems, Improvised Explosive Device (IED) detection
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`and injury mitigation systems, Command, Control, Communications, Computers, Intelligence,
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`Surveillance and Reconnaissance (C4ISR) systems development, 360 degree surveillance, active
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`and passive safety system development and occupant injury mitigation.
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`24.
`
`This also includes 360 degree visual situational awareness systems including
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`electro-optical (e.g., CMOS, CCD) sensors, thermal viewers, and scalable machine interfaces
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`using various operating systems, geographic information systems, image enhancement and
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`recognition, image and object detection discrimination and identification, augmented displays with
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`friend and foe target enhancement for location and identification, GPS and mapping location
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`systems (including the use of differential GPS, pseudolites, repeaters, base stations, relays), mobile
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`data terminals, split-screen augmented information and visual displays and controllers, on-board
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`vehicle displays as well as soldier handheld devices, and the transfer of this information across
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`satellite systems to command centers to soldiers and vehicles in the field, as well as the real-time
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`communication of this information across command systems through satellite, cellular, radio
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`frequency, wireless mediums, and related techniques.  I am a co-inventor on U.S. Patent No.
`
`8,860,159 Spintronic Electronic Device and Circuits, which, among other novel features, describes
`
`and claims an antenna and associated circuitry for detection of radio frequency waves (e.g., a beam
`
`of microwave energy), using a spintronic electronic apparatus having a multilayer structure that
`
`can operate in large amplitude, out-of-plane magnetization precession regime, which, depending
`
`on the circuit structure, can be adjustably biased and used to detect low frequency microwave RF
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`signals that exceed a predetermined threshold current and have a frequency lower than a
`
`predetermined level. In alternative embodiments, the apparatus can be used for frequency
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`identification of incoming electromagnetic waves and/or energy harvesting of incoming
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`electromagnetic waves. I am also co-inventor on U.S. Patent No. 9,003,562 Body Armor, which,
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`among other novel features describes and claims a body armor system that is of modular design
`
`with fabric carriers that hold armor plates. Straps are configured to wrap around various body
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`sections of the user and attach the armor system to the user. These straps matingly connect to each
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`other or portions of the armor system to attach the armor system to the user. The body armor
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`system can also have left and right thigh plates for femoral artery protection of the user, which
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`mitigates a serious threat of injury and death to soldiers in the battlefield.
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`25.
`
`I have extensive experience with different types of automotive and vehicle data and
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`communication interfaces and systems, including computer, microprocessor, touchscreens,
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`wireless and physical hardware electrical and system architectures as well as the associated
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`displays and monitors (human machine interface – HMI) for interface with the user.
`
`26.
`
`During the course of my career in automotive and defense research, development
`
`and testing, I have designed, tested, and developed numerous vehicle electrical and sensing
`
`systems, human machine interfaces, and the associated critical parameter storage, retrieval,
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`warnings and displays related to these systems for human perception of these systems.
`
`27.
`
`I have testified as an expert in over 20 cases involving automotive safety and
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`electrical systems, the analysis of vehicle system parameter information, and/or the associated
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`warnings and displays.
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`28.
`
`I am a member of the Project Management Institute, American Society for Quality,
`
`International Quality Federation, and the Forensic Expert Witness Association.
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`B. Compensation
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`29. My work on this case is being billed at a rate of $350.00 per hour, with
`
`reimbursement for actual expenses. My compensation is not contingent upon the outcome of this
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`proceeding.
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`C. My Understanding of Legal Standards
`
`30.
`
`Although I have a law degree and I am an attorney registered with the USPTO, I
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`have not been asked to opine on any legal issues and I will offer no legal opinion. The legal
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`standards I relied upon in my preparation of this report were provided to me by, and including
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`during, discussions with counsel for Voxx.
`
`31.
`
`I have been informed that there is a presumption of validity of a patent that has been
`
`issued by the U.S. Patent and Trademark Office, and that the burden of proof is the responsibility
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`of those who contest the validity of such a patent.
`
`32.
`
`As background, it is my understanding that a claim may be “anticipated” and thus
`
`unpatentable if a single prior art reference teaches each and every limitation recited in the claim. I
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`have been informed by counsel that a patent claim is invalid as anticipated under 35 U.S.C. § 102
`
`if “within the four corners of a single, prior art document . . . every element of the claimed invention
`
`[is described], either expressly or inherently, such that a person of skill in the art could practice
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`the invention without undue experimentation.” I have also been informed by counsel that "Thus,
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`a prior art reference without express reference to a claim limitation may nonetheless anticipate by
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`inherency." To establish inherency, "prior art [must] necessarily function[] in accordance with, or
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`include[], the claimed limitations”, and in other words that "[i]nherent anticipation requires that
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`the missing descriptive material is 'necessarily present,' not merely probably or possibly present,
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`15
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`Voxx International Corp. Exhibit 1012
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`Patent 8,585,140
`in the prior art,” and inherent anticipation does not, however, "require that a person of ordinary
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`skill in the art at the time would have recognized the inherent disclosure."
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`33.
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`I have been informed by counsel that a prior art reference anticipates (and therefore
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`invalidates) a patent claim if the prior art reference discloses or includes every element of the
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`patent claim, either expressly or inherently, arranged as described in the claim. I have been
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`informed by counsel that if even a single element is missing, the prior art reference does not
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`anticipate the patent claim.
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`34.
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`I have been informed by counsel that, although anticipation cannot be established
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`through a combination of references, additional references may be used to interpret the allegedly
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`anticipating reference by, for example, indicating what the allegedly anticipating reference would
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`have meant to a person having ordinary skill in the art. For the claim to be anticipated, however,
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`these other references must make clear that the missing descriptive matter in the patent claim is
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`necessarily or implicitly present in the allegedly anticipating reference, and that it would be so
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`recognized by a person having ordinary skill in the art.
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`35.
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`I have been informed by counsel that an element is inherently disclosed only if the
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`missing descriptive matter is necessarily present in the thing described in the reference and would
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`be so recognized by a person having ordinary skill in the art. The mere fact that a certain thing
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`may result from a given set of circumstances is not sufficient.
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`36.
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`I have been informed by counsel that for a prior art reference to be anticipating it
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`must be enabling to one having ordinary skill in the art.
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`16
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`Voxx International Corp. Exhibit 1012
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`Patent 8,585,140
`I have been informed by counsel that prior art is defined by the patent statutes. It
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`37.
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`includes various categories of information. It is my understanding that a printed publication is prior
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`art with regard to a claimed device if it was published more than one year prior to the application
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`date for the patent in question, or if it was published before the date of invention.
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`38.
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`I have been informed by counsel that a patent claim is invalid if a system that would
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`otherwise fall within the scope of the claim was in use by others in the United States before the
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`invention date, or if it was in public use or on sale in the