`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`KAWASAKI RAIL CAR, INC.,
`Petitioner,
`v.
`SCOTT BLAIR,
`Patent Owner
`__________
`
`Case IPR2017-01036
`Patent 6,700,602
`
`EXHIBIT 2007- DECLARATION OF JOSEPH B, ZICHERMAN,
`Ph.D., SFPE
`
`
`
`I, Joseph B. Zicherman, hereby declare the following:
`
`I.
`
`BACKGROUND AND QUALIFICATIONS
`
`l.
`
`I am over 21 years of age and otherwise competent to make this Declaration. I
`
`make this Declaration based on facts and matters within my own knowledge and on
`information provided to me by others.
`
`2.
`
`I have been retained as an expert in this matter by Counsel for Patent Owner
`
`Scott Blair to provide my independent opinions on certain issues requested by Counsel for
`
`Patent Owner reIating to the accompanying petition for Inter Fortes Review of [1.3. Patent No,
`
`6,700,602 ("the '602 Patent"). My compensation in this matter is not based on the substance of
`
`the opinions rendered here.
`
`a J
`
`I am a Fire Safety Engineer, with extensive experience in Fire Safety in direct
`.
`relation to design and operation of rail passenger transportation vehicles. A copy of my CV is
`attached hereto as Exhibit A.
`
`4.
`
`5.
`
`I have been working actively in the Fire Science Field for more than 35 years.
`
`As part of my work in connection with this proceeding, I have reviewed the
`
`following materials:
`
`Patent 6,700,602 (the “602 Patent) including the claims thereof;
`
`Petition for Inter Parties Review of US. Patent No. 6,700,602, No. IPR201.7-
`
`01036 including Exhibits;
`
`The translation ofJapanese Publication No. 04-085379 03x. 1005, "Namikawa");
`
`The translation of Iapanese Publication No. 07-181900 (BX. 100?, "Miyajima"};
`
`The translation of Japanese Publication No. 04-322579 (Ex. 1011, "Sasao")_;
`
`l
`
`
`
`The translation of Japanese Publication No. 04-160991 (Ex. 1009, ”Maekawa");
`
`0
`
`US. Patent No. 5,293,244 to Kawaguchi (Ex. 1022, 'lKBWaguchi");
`
`The translation of Japanese Publication No. 02-23985 (Ex. 1021, ”Amano");
`
`US. Patent 5,148,282 to Sedighzadeh (EX. 1025, “Sedighzadeh”)
`
`US. Patent 3,2] 1,904 to Schwenlder Ex. 1026, “Schwenkler”)
`
`The translation ofJapanese Publication No, 05-042853 (Ex. 1028, “Yamada”)
`
`' The file history of the '602 patent provided in Exhibit 1012;
`O
`
`The reexamination file history ofthe '602 patent provided in Exhibit 1013; and
`
`Decision Instituting Inter Fortes Review (Paper 10) ("Decision").
`
`A complete copy of the Proposed FRA rules (EX. 2004)
`
`' Consumer Product Safety Division Guidelines for Television Receiver Safety (Ex.
`2005)
`
`II.
`
`OVERVIEW OF THE “602 PATENT AND THE PRIOR ART
`
`The ”602 Patent
`
`The '602 Patent is directed to a video display monitor system that is mounted at
`6.
`fixed intervals at the junction of the sidewall and the ceiling of a subway car. According to
`certain embodiments, the video monitor system includes an enclosure for the video monitor that
`is designed to be mounted at the junction of the sidewall and the ceiling in such a manner that
`
`the screen of the video display monitor (or an enclosure or a transparent cover unit for the
`
`video display monitor) is substantially flush (or substantially contiguous or flush) with the
`adjacent surface structure of the wall and oriented obliquely downward towards the subway
`
`2
`
`
`
`See Ex. 1001, p. 12 at 1:23-44, 1:63-67—2:17, 2:33-46. According to other
`car’s seats.
`embodiments, the Video display monitors are each enclosed within an enclosure which may be
`secured to a structural member between an inner wall and an outer structural shell of the
`
`subway car. See Ex. 1001, p- 12 at 1:55-1:59, 2:56—60. According to still other embodiments,
`there may be a back lit panel disposed on the adjacent wall surface structure of the car. See Ex.
`
`unit" connected to the monitors. The "video signal source unit“ consists of pre—recorded
`
`material for broadcasting on the screens such as news, advertisements, etc.
`
`it can be in the
`
`form ofvideo disk players, CID-ROM players, and video tape players (Ex. 1001 at 2: 15-42).
`
`HI. UNDERLYING FINDINGS
`
`7.
`
`Based on my education, training, and professional experience in the field of the
`
`claimed invention, I am familiar with the level and abilities of a person of ordinary skill in the
`
`I have the qualifications that a person of ordinary skill
`art at the time of the claimed invention.
`in the art of the '602 Patent at the time of the claimed invention (“POSITA”) would have in
`
`order to be capable of understanding the '602 Patent and the prior art references discussed
`
`herein. I meet at least the minimum qualifications to be a person having ordinary skill in the art
`
`as of the time of the claimed invention of the '602 Patent.
`1 also offer significant experience in
`the field of Fire Science as it relates to rail design, manufacture and operation of passenger rail
`vehicles and locomotives
`
`8.
`
`Prior to the current invention, the problem was how achieve a television in a
`
`subway car that was smooth and aesthetically pleasing, similar to a television in a wall, but also
`
`directed obliquely downwards for ease of viewing and located at the junction of the sidewall
`3
`
`
`
`
`
`and the ceiling so as not to take up car space or injure passengers. The problem, posed to the
`inventor at the time of the invention, was particularly challenging as subway cars face fire
`safety challenges that do not exist
`in residential environments or intercity buses .or rail
`
`passenger cars operating tracks on the ground (such as Amtrak trains).
`
`The risk of fire in a rail rapid transit (RRT) car, such as a subway car, is of great
`9.
`concern, given that passengers are exposed to the risk of fire and smoke when operating in
`tunnels. Great care is taken when designing RRT cars to be used in underground operating
`environments to avoid potential fires and fire hazards. The confined space inside a subway
`tunnel poses a unique operating environment with a distinct set of tire risks and hazards to
`riders and system operating personnel, due to high passenger loads, and flows of large numbers
`of passengers at rapid intervals. Likewise, limitations on capacity and placement of emergency
`egress facilities for riders,
`In addition restricted opportunities for ingress for first responders
`exist in such RRT facilities and operating environments. There are also foreseeable occasions
`when emergency ventilation facilities are needed to assist emergency evacuations in
`underground operating environments when fires have occurred. These can be expected to re-
`occur.
`Subway cars operating in tunnels underground present unique challenges to providing
`fire suppression personnel and equipment to affected locations. This renders such locations
`
`more hazardous than those where rail passenger vehicles operate in above ground environments
`
`such as commuter trains or those serving intercity passengers (such as an Amtrak train} or
`buses. Additional effort is expended to avoid ignition and propagation of fires since it is
`
`difficult to position or include fire extinguishing equipment in tunnels.
`
`In addition smoke and
`
`hazards from hot gases will impact subway passengers attempting to evacuate in a fire or
`
`smoke emergency.
`
`
`
`The concerns are greater for underground [tunnel] operating environments (such
`10.
`as a subway car) than above ground operating environments.
`
`11.
`The proposed FRA rules provided by Petitioner states, “The intent of the
`guidelines is to prevent fire ignition and to maximize the time available for passenger evacuation
`if fire does occur.” See Ex. 2004, p. 17'. The proposed FRA rules further document that “Fire
`
`and post-collision conditions result in 30 percent of the fatalities and 16 percent of the serious
`injuries.” Ex. 2004, p. 18.
`The FRA believed that the proposed requirements would aid in
`reducing the number of fatalities and injLilies by reducing the likelihood offires in rail passenger
`vehicles. Ex. 2004, p. 18. The FRA rule, as enacted, provides “to the extent possible interior
`fittings shall be recessed or flush mounted. Ex. 1015, p. 154. The FRA regulations prohibit
`installation of a potentially fire causing “interior fitting” if it would create an ignition or fire
`
`spread hazard.
`
`I have read the United States Consumer Product Safety Commission guidelines at
`12.
`Ex. 2005. These provide guidance and warnings as follows: “TV sets are provided with
`ventilation openings in the cabinet to allow heat generated during the operation to be released. If
`these openings are blocked, heat build—up within the TV can cause failures which may result in a
`fire hazard. Therefore: Never cover the opening with cloth or other material. Never block the
`bottom ventilation slots of a portable TV by placing it on a bed, sofa, rug, etc. Never place a set
`in a “built—in” enclosure unless proper ventilation is provided.”
`This means that all TV
`
`installations must have sufficient ventilation to prevent a fire from developing due to a lack of
`
`benign elimination of heat generated by an operating TV set.
`
`13.
`
`The proposed FRA rules provide, “The intent of the guidelines is to prevent tire
`
`ignition and to maximize the time available for passenger evacuation if fire does occur.”
`
`
`
`the Consumer Product Safety Commission, concerned about TV sets causing fires
`Likewise,
`issued guidelines for Television Receiver Safety providing that the ventilation slots of a TV
`should never be blocked and users should never place a television set in a “built-in” enclosure
`without appropriate ventilation. The PM would also prohibit any “interior fitting” if it would
`
`pose a fire hazard.
`
`14.
`Prior to the current invention, the problem was how to achieve a television
`installation in a subway car that was smooth and aesthetically pleasing, similar to a television in
`a wall, but also directed obliquely downwards for ease ofviewing and located at thejunction of
`the sidewall and the ceiling so as not to take up car space or injure passengers. The problem,
`posed to the inventor at the time of the invention, was particularly challenging as subway cars
`have substantial challenges that do not exist in residential environments or intercity buses or
`rail passenger cars operating tracks on the ground (such as Amtrak trains).
`
`because of heightened safety requirements, an extreme aversion to any potential fire hazards,
`and knowledge that a television should never be put in a “built—in” enclosure.
`
`16.
`Namikawa clearly teaches a rounded back television that is mounted on the
`sidewall and is not substantially flush with the adjacent wall and ceiling panels. Namikawa
`depicts and clearly states the monitors are disposed ON a wall face. Namikawa teaches
`
`monitors that are mounted ON TOP of a wall face; they are an appreciable distance from the
`
`wall, and the screen of the monitor is NOT substantially flushed with the adjacent wall surface
`
`structure of the car. Nothing within the teachings of Narnikawa teaches or suggests the
`
`availability of space beyond the wall, let alone the availability of space beyond the wall at the
`
`6
`
`
`
`junction ofthe sidewall and the ceiling to allow for the screen of the monitor to be substantially
`flushed with the adjacent wall surface structure of the car.
`
`17.
`
`Namikawa is mounted on top of a wall,
`
`so the argument
`
`that "such a
`
`modification would have facilitated faster assembly or disassembly of the display monitor for
`
`would have the opposite outcome, making assembly or disassembly for maintenance purposes
`more difficult than merely removing a television.
`
`18.
`
`Sasao teaches placing a television in the wall of an ordinary room. Sasao
`
`mentions fire safety concerns, providing, “Further, safety can be improved by making this
`cabinet 12 out of a material having good fire resistance.” There are even greater concerns
`about fire in subway cars than in a residential application, as subway riders cannot easily exit a
`trapped subway car with a fire. To alter Namikawa to place the monitor in substantially flush
`with the wall, as in Sasao, would present fire concerns.
`
`Amano teaches a monitor that is mounted on the ceiling and/or to the luggage
`19.
`rack. More particularly,
`the invention teaches a system of installed screens which are
`
`externally mounted at locations away from any adjacent wall surface structure of the car. Thus,
`Amano also does not teach a system wherein the screens are “substantially flushed” with the
`
`wall adjacent surface. Also, Amano does not teach or suggest each monitor being mounted at
`the junction of the sidewall and ceiling, with the screen of the monitor substantially flushed
`with the adjacent wall surface structure of the car.
`
`20.
`
`Maekawa’s system does not disclose televisions installed at the junction of the
`
`sidewall and the ceiling of a subway car with their screens substantially flushed with the
`
`
`
`adjacent wail surface and their screens directed obliquely downwards to the subway car‘s seats.
`Maekawa teaches monitors installed on top of a sidewall and not substantially flushed.
`
`Sedighzadeh expressly provides a swivel mounted television can be viewed by
`2l.
`a greater number of individual and discredits a stationary mounted television.
`
`The prior art would not teach or suggest to a POSITA any availability of space
`22.
`at the junction of the sidewall and the ceiling, Sasao is directed to a residential wall and is
`irrelevant to the question, and the remaining Amano and Maekawa references both Show there
`
`is no space behind thejunction of the sidewall and the ceiling.
`
`23.
`
`24.
`it would be required that the number of card displays would be reduced to
`make room for the monitors which would provide improper illumination {as taught by
`Schwenkler, end-to end lighting provides proper illumination) and minimize the effective
`
`advertising area; accordingly the rationale for combining references lacks a rational
`
`The monitors of Namikawa also would not be maximized by modifying
`underpinning.
`Namikawa according to Schwenkler.
`
`25.
`
`A POSITA reading Schwenlder would not be motivated to place back lit panels
`
`next to the video screen, as Schwenkler teaches the need for lighting fixtures arranged end—to-
`
`within the transitional wall portion for fire safety reasons, as lighting fixtures in close proximity
`
`8
`
`
`
`
`
`to a monitor would contribute more heat to a monitor that requires ventilation and requires that
`heat build-up be avoided.
`
`26.
`
`The FRA would not require an “interior fitting” if such a fitting would create or
`
`pose a fire hazard.
`
`27.
`
`A POSITA, in the 1995-1997 timeframe, would not have been motivated to
`
`mount a monitor substantially flush with an adjacent wall surface structure of a subway car
`because of heightened safety requirements, an extreme aversion to any potential fire hazards and
`
`knowledge a television should never be put in a “built-in” enclosure.
`
`28,
`
`A POSITA, in the 1995-1997 timeframe, would not have been motivated to
`
`mount a monitor substantially flush with an adjacent wall surface structure of a subway car
`because of heightened safety requirements: an extreme aversion to any potential fire hazards
`
`and lmowledge a television should never be installed in a “built-in” enclosure without
`
`ventilation or where necessary ventilation slots present should never be blocked.
`
`29.
`
`A POSITA, in the 1995-1997 timeframe, would not have been motivated to
`
`mount a monitor substantially contiguous with an exterior surface of said transitional segment
`of a subway car because of heightened safety requirements, an extreme aversion to any
`potential fire hazards and knowledge a television should never be put in a “built—in” enclosure
`
`and the ventilation slots should never be blocked.
`
`in the 1995-1997 timeframe, would not be motivated to place
`A POSITA,
`30.
`lighting fixtures next to a monitor which is mounted within the transitional wall portion for fire
`
`safety reasons, as lighting fixtures in close proximity to a monitor would contribute more heat
`
`to a monitor that requires ventilation and requires that heat build—up be avoided. Heat build-up
`in or near a video display monitor creates a fire hazard and is to be avoided.
`
`
`
`
`
`in the 1995—1997 timeframe, would not be motivated to place
`A POSITA,
`31.
`lighting fixtures next to a monitor which is mounted at the junction of the sidewall and the
`
`ceiling and covered with a transparent cover unit, as lighting fixtures in close proximity to a
`monitor would contribute more heat to a monitor that requires ventilation and requires that heat
`build-up be avoided.
`
`A POSITA in the 1995-1997 timeframe, would not be motivated to place
`32.
`lighting fixtures next to a monitor which is mounted within the transitional wall portion for fire
`
`safety reasons, as lighting fixtures in close proximity to a monitor would contribute more heat
`
`to a monitor that requires ventilation and requires that heat build—up be avoided.
`
`33.
`
`A POSITA, in the 1995—1997 timeframe, would not be motivated to provide
`
`transparent cover units covering respective ones of the video display monitors to be
`
`substantially flush with the adjacent surface structure of the transitional wall portion, as they
`would expect that a transparent cover unit would further prevent ventilation of the display
`monitor, cause heat build—up and create a fire hazard.
`
`A POSITA, in the 1995-1997 timeframe, would not be motivated to provide
`34.
`video display monitors in an enclosure as they would expect that an enclosure w0uld further
`
`prevent ventilation of the display monitor, cause heat build-up and create a fire hazards
`
`35.
`
`were made with the knowledge that willful false statements and the like so made are punishable
`
`by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States Code.
`
`Date: KZé'g :6: a???
`
`10
`
`
`
`
`
`
`
`Joseph B. Zicherman
`
`11
`
`
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`
`
`
`
`
` CURRICULUM VITAE
`BERKELEY ENGINEERING AND RESEARCH, INC.
`
`
`
`
`
`
`
`JOSEPH B. ZICHERMAN, Ph.D., SFPE
`Fire Science Engineer
`
`
`SUMMARY
`Dr. Zicherman is a scientist specializing in fire dynamics, the fire performance of materials and
`systems and selected problem areas relating to polymers, paper and wood. The emphasis in his work
`has been on the performance of complex systems such as buildings and their environments, and rail
`transportation vehicles and combustible furnishings and components. His work interests include
`causes and the growth and spread of fires as well as the performance of materials and sub-systems
`and systems as part of such projects. Fire related codes and standards are also an area of his
`specialization. His clients include research organizations, government agencies, manufacturing
`companies and trade associations. Another significant focus of Dr. Zicherman's work includes
`investigative work related to retrospective analysis of fire related phenomena.
`
`EDUCATION
`Ph.D. University of California, Berkeley, CA (1978)
`Major: Wood Science and Technology
`Minor: Polymeric Materials/Fire Performance of Materials
`
`
`MS. - North Carolina State University, (1970)
`Major: Wood and Paper Science
`Minors: Polymeric Materials/Experimental Statistics
`
`
`BS. - SUNY College of Forestry (1967)
`Major: Wood Products Engineering
`
`
`PROFESSIONAL EXPERIENCE
`
`May 2015 – present
`Senior Fire Science Consultant, Berkeley Engineering And Research, Inc.
`
`1977 – 2015
`Founder and Senior Fire Science Consultant, Fire Cause Analysis.
`Areas of Dr. Zicherman’s expertise include fire science and fire investigation, polymers and paper
`technology (including aging, coatings and adhesives) with an emphasis on polymer based building
`products, construction technology and rail passenger vehicle fire performance and Wildland/urban
`interface fire problems.
`
`January 1981-March 1981 & January 1983- June, 1986
`Lecturer, University of California, Berkeley. College of Natural Resources, Forest Products
`Laboratory.
`
`BERKELEY ENGINEERING AND RESEARCH, INC. · 808 GILMAN STREET, BERKELEY, CA 94710
`WWW.BEARINC.COM · 510-549-3300 X 8
`
`
`
`Joseph Zicherman, Ph.D. - CURRICULUM VITAE - 2
`BERKELEY ENGINEERING AND RESEARCH, INC.
`
`Lecturer (1/81-3/81 and 1/83-3/83) in Wood Physics. Invited position teaching the graduate course
`in Wood Physics. Also, Associate Research Wood Technologist dealing with building products
`technology and the fire performance of wood.
`
`1979-1982
`Assistant Research Engineer, U.C. Berkeley, College of Engineering, Civil Engineering Dept., Fire
`Test Facility. Research position involving fire performance evaluation and research in products and
`building technology.
`
`1973-1978
`Assistant Specialist for coatings and adhesives technology, U.C. Berkeley -Forest Products
`Laboratory. Basic and applied research in whole and composite wood products and polymers.
`
`1970-1973
`Chemist and Section Head, D. P. Joyce Coatings and Resins Research Center, Glidden Coatings and
`Resins Group, Division SCM Corp., Strongsville, Ohio.
`
`Assignments dealt with manufactured housing, coatings systems including radiation cured and 100%
`solids finishing systems for a variety of substrates. Section head of the powder coatings group with
`responsibility for both basic and developmental research in that area. Designed and supervised pilot
`manufacturing operations and specifications for production facility. Interfaced with equipment and
`raw materials suppliers as well as customers and licensees. Traveled in Europe doing technology
`assessment in polymers, coatings and plastics areas.
`
`1967-1970
`Research Assistant, North Carolina State University:
`Conducted research under Forest Service Grant award for activities related to wood coatings and ash
`content.
`
`SIGNIFICANT ACTIVITIES
`Recipient - with co-authors - of Journal of Failure Analysis and Prevention 2011 “Best Paper
`Award” for paper entitled Failure Analysis and Prevention of Fires and Explosions with Plastic
`Gasoline Containers (Volume 11, Page 455-465)
`
`Conducted System-wide Fire Safety Assessment update for the SCRRA Metrolink System.
`Consistent with 49.CFR238, FCA systematically reviewed fire safety requirements and associated
`performance of the Southern California Commuter Railroad for the period 2001 to 2011.
`
`Project Manager – 2009-2011 – Project: Predicting Fire, Heat and Smoke Release Rates of Railcars
`for the SFMTA Central Subway Project – Client AECOM for San Francisco MTA
`
`Developed “Southern California Wildland Urban Interface Data Set” under contract to the US
`Department of Commerce NIST Building and Fire Research Lab under Grant No. 60ANB7D6151.
`
`Created Fire Management Plans and Vegetation Management Plans for projects in Southern
`California Wildland and Wildland Urban Interface Areas for the Long Beach School District
`(Student Camp in the San Gabriel Mountains) and the Chandler School in Pasadena.
`
`
`
`BERKELEY ENGINEERING AND RESEARCH, INC. · 808 GILMAN STREET, BERKELEY, CA 94710
`WWW.BEARINC.COM · 510-549-3300 X 8
`
`
`
`Joseph Zicherman, Ph.D. - CURRICULUM VITAE - 3
`BERKELEY ENGINEERING AND RESEARCH, INC.
`
`Addressing passenger Rail fire safety issues including conducting Fire Safety Analyses of both
`powered and un-powered rail passenger vehicles. Vehicle fire safety analyses, as well as analyses of
`maintenance and operating buildings for fire safety. including Recent work includes peer reviews of
`a new self powered LRV design for Austin, Texas as well as analyses of the anticipated fire
`performance of a transit station design in East Los Angeles requested by regulators.
`
`Principal Investigator for the office of the California State Fire Marshal conducting an evaluation of
`proposed technologies to mitigate urban/wildland interface fire problems. This project resulted in
`two reports and a presentation to GAO panel at National Academy of Sciences, Washington D.C., in
`August 2004 on Urban/Wildlife Fire problems.
`
`The reports resulting from these activities are available at the following:
` Technical Rpt: http://osfm.fire.ca.gov/pdf/regulations/UWIRpt1-ALL091004.pdf
` Cost Benefit Study: http://osfm.fire.ca.gov/pdf/regulations/UWIC-BRpt091004.pdf
`
`Consultant to the State of Rhode Island District Attorney task group charged with the investigation
`of the fire incident at “The Station” nightclub in Warwick RI. Provided testimony to the Statewide
`Grand Jury investigating the incident - 2005.
`
`Co-Author: “Origin and Cause of Fire,” 2008. in Scientific Evidence in California Criminal Cases,
`Ch 12, pp. 505 - 590, Published by the California Bar Association – Continuing Education for the
`Bar (CEB), Oakland, Ca.
`
`Co-author: text section on Post Fire Analysis [“Failure Analysis and Analytical Tools”] in the “Users
`Manual for NFPA 921 published jointly by the NFPA and the IAAI - 2003 & 2007 editions
`
`Member - Participant – NFPA Research Foundation Phase I and II programs on Sub-lethal Exposure
`to Fire Smoke. Program addressed ISO initiatives related to “Fire Threat to People and the
`Environment”
`
`Co-author in HUD funded project "Fire Performance of Archaic Building Materials." Developed a
`rating system implemented in all of the model US building codes, by Federal agencies and included
`in various NFPA codes to assess the anticipated fire performance of existing building materials in
`the field – originally completed 1982; Managed revision and updating program – 1999 under
`contract to the National Institute of Building Sciences [NIBS], Washington, D.C.
`
`Editor and Contributing Author – Council on Tall Buildings in Urban Habitats (Lehigh University)
`High Rise Fire Safety Monograph - 1992
`
`Fire-safety contributor to preparation of “Building Safety Assessment Guidebook” and “Building
`Safety Enhancement Guidebook” by the Council on Tall Buildings in Urban Habitat of Lehigh
`University. The workbook format of these documents was developed to assist high rise building
`owners and managers in assessing fire safety levels at their properties following the 9/11 World
`Trade Center incident - 2001-2002. Presented to the National AIA Meeting, San Diego, Cal – Nov.
`2003
`
`Participation in the FRA funded program "Experimental application of fire hazard analysis for US
`Passenger Train Systems" as Peer Review Committee member and consultant to the Center for Fire
`Research, NIST – 1996-2000
`
`Consultant to the Volpe Center, US-DOT, Cambridge, Mass. on matters related to fire safety of rail
`passenger vehicles for the Federal Railway Administration.
`
`
`
`BERKELEY ENGINEERING AND RESEARCH, INC. · 808 GILMAN STREET, BERKELEY, CA 94710
`WWW.BEARINC.COM · 510-549-3300 X 8
`
`
`
`Joseph Zicherman, Ph.D. - CURRICULUM VITAE - 4
`BERKELEY ENGINEERING AND RESEARCH, INC.
`
`Participation in investigations/forensic evaluations of high rise fires including those at the MGM
`Grand Hotel - Las Vegas, The First Interstate Bank Building fire - Los Angeles, The Cathedral Hill
`Hotel Fire - San Francisco, the DuPont Plaza Hotel Fire - San Juan Puerto Rico, the One Meridian
`Plaza fire, Philadelphia.
`
`Activities related to wild land/ urban interface fire problems including acting as a consultant to the
`City of Oakland conducting post fire assessments following the Oakland Hills conflagration.
`Significant work in this technical area has also included co-authorship of a report for the East Bay
`Regional Park District on wild land/urban interface fire mitigation and work on other wild land fires
`in Southern California and the Rocky Mountains.
`
`Development projects related to exterior durable fire retardants for wood and wild land substrates.
`
`Initial development with the 3M Corporation Technical Ceramics Group of AUTO CAD capable
`Product selection software systems for use in fire protection features design and specification for
`construction.
`
`Participation in investigations/forensic evaluations of major industrial facility fires including those at
`the Stapleton Airport fuel facility - Denver, CO, Mountain Cold Storage - Tacoma, WA., Brewster
`Heights packing facility, Brewster WA., Dole Foods Facility, Yuma, AZ., Japanese National
`Telescope Facility, Mauna Kea, HI., Safeway Facility, Richmond, CA., major smoke detector
`malfunction case, Davenport, IA; KFX Synfuel facility – Gillette Wy., Rombauer Winery Fire,
`Calistoga, Ca., Tri-City Foods Fire, Washington .
`
`Participation in maritime and aircraft related fires including the DTB - 40 fire Honolulu and the
`Ricky Nelson Plane Crash., discharge by oxygen cylinders in-transit, Continental Airlines/Federal
`Express
`
`Design Consultant addressing insulation system configuration and materials utilized at the Keck
`Observatory, Mauna Kea, HI. Client: joint UC Berkeley/Cal Tech design team.
`
`Principal investigator [1995 through 2009] - Post Earthquake Fire Investigation Program - Sponsor –
`FEMA as grantor to the Natural Hazards Research Center, University of Colorado, Boulder, CO.
`
`Chairman of ASTM E.5 Subcommittee E.5.17 [1996 thru 2002] addressing fire test standard
`development for transportation applications. During tenure was responsible for the successful
`development of a state of the art Fire Hazard Assessment Methodology for Rail Transportation
`Vehicles [ASTM E-2061–03] as part of ASTM Committee work approved by ASTM E.05 Main
`Committee in December 1999.
`
`Task group chairman charged with evaluation of the enlargement of scope of the vehicles section of
`the NFPA 130 [rail passenger and fixed Guideway vehicle] Standard to encompass intercity and
`commuter rail vehicles in conjunction with the American Public Transit Association and the Federal
`Railway Administration.
`
`Authorship of guides and manuals reviewed by the model code agencies developed to detail safe
`means to install plastic pipe, tube and conduit in fire rated construction for trade associations and
`corporate clients in industry.
`
`Continuing member of International Code Council as well as member and participant in BCMC and
`ICBO East Bay Chapter working groups that developed the initial building code language governing
`the installation of plastic pipe tube and conduit in the 1980’s.
`
`
`
`BERKELEY ENGINEERING AND RESEARCH, INC. · 808 GILMAN STREET, BERKELEY, CA 94710
`WWW.BEARINC.COM · 510-549-3300 X 8
`
`
`
`Joseph Zicherman, Ph.D. - CURRICULUM VITAE - 5
`BERKELEY ENGINEERING AND RESEARCH, INC.
`
`Dispute resolution contribution related to combustibility issue to the Los Angeles Metro Blue Line
`Light Rail Project vehicles. Also work on “Combustible Contents” Issues related to the LAMTA
`Green Line – 1996-1999.
`
`Development of techniques for the application of Rate of Heat Release technology for rail passenger
`projects in San Juan, PR and Los Angeles, Ca. and Emeryville, CA.
`
`Development of techniques for the application of Rate of Heat Release technology for building
`applications including atrium applications consistent with requirements of the Uniform Fire Code
`including the Chiron Headquarters in Emeryville, Ca.
`
`Consultant to US Consumer Products Safety Commission for subjects relating to Omega O-ring
`sprinkler design issues – 2001.
`
`Principal Investigator – US DOT-FRA mandated Fire Hazard Assessments prepared for commuter
`rail systems in Chicago, Los Angeles and San Francisco – 2001.
`
`Principal Investigator – US DOT-FRA mandated Fire Hazard Assessments prepared for builders of
`rail passenger vehicles including commuter cars and engines for push-pull applications – 2001-2003
`
`Project Manager – Conducted Performance Based Hazard Assessment [on a Pro-Bono basis] for the
`University of California NCAA Champion Intercollegiate Rowing Program to address concerns
`associated with construction of a new boat house in a remote area – 2002 [Go Cal Bears!!!!!!].
`
`
`
`SERVICE TO
`PROFESSIONAL SOCIETIES-TECHNICAL COMMUNITY/MEMBERSHIPS
`University of California (Berkeley), Forest Products Laboratory –Technical Advisory Board;
`member from 1999-2004, Chairman 2000-2001.
`
`United States Consumer Products Safety Commission – SGE (special government employee)
`dealing on voluntary basis with problems involving fire safety and consumer products at the request
`of the CPSC technical staff 1992 thru 1996 focusing on furniture related flammability issues.
`Consultant to CPSC on recall issues regarding problems with o-ring based sprinkler systems 2000-
`2001.
`
`Editor & Co-Chairman of Committee 8A--Fire; Council on Tall Buildings and Urban Habitat,
`Lehigh University, Bethlehem, PA – thru 1992
`
`Society of Fire Protection Engineers (SFPE) - Member
`
`Underwriter’s Labs – Member - Standards Technical Panel. Fire Tests of Pneumatic Tubing and
`Plastic Sprinkler Pipe for Flame and Smok