(12) EX PARTE REEXAMINATION CERTIFICATE (10647th)
`United States Patent
`
`US 5,954,781 C1
`(10) Number:
`(45) Certificate Issued:
`Jul. 7, 2015
`Slepian et al.
`
`US005954781C1
`
`(54) METHOD AND APPARATUS FOR
`OPTIMIZING VEHICLE OPERATION
`
`(75)
`
`Inventors: Harvey Slepian, Peoria, IL (US); Loran
`Sutton, East Peoria, IL (US)
`
`(73) Assignee: VELOCITY PATENT LLC, Atherton,
`CA (US)
`
`Reexamination Request:
`No. 90/013,252, May 22, 2014
`
`Reexamination Certificate for:
`Patent No.:
`5,954,781
`Issued:
`Sep. 21, 1999
`Appl. No.:
`08/813,270
`Filed:
`Mar. 10, 1997
`
`Disclaimer of Claims 31 and 32
`
`Filed: Dec. 10, 2014 (1411 CG. 243)
`
`(51)
`
`Int. Cl.
`G06F 7/00
`B60R 16/023
`(52) US. Cl.
`CPC
`
`(2006.01)
`(2006.01)
`
`B60R 16/0231 (2013.01);B60W25]0/0671
`(2013.01)
`
`(58) Field of Classification Search
`None
`
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`To View the complete listing of prior art documents cited
`during the proceeding for Reexamination Control Number
`
`90/013,252, please refer to the USPTO’s public Patent
`Application Information Retrieval (PAIR) system under the
`Display References tab.
`
`Primary Examiner 7 David England
`
`(57)
`
`ABSTRACT
`
`Apparatus for optimizing operation of an engine-driven
`vehicle. The apparatus includes a processor subsystem, a
`memory subsystem, a road speed sensor, an engine speed
`sensor, a manifold pressure sensor, a throttle position sensor,
`a radar detector for determining the distance separating the
`vehicle from an object in front ofit, a windshieldwiper sensor
`for indicating whether a windshield wiper of the vehicle is
`activated, a brake sensor for determining whether the brakes
`of the vehicle have been activated, a fuel overinjection noti-
`fication circuit for issuing notifications that excessive fuel is
`being supplied to the engine of the vehicle, an upshift notifi-
`cation circuit for issuing notifications that the engine of the
`vehicle is being operated at an excessive engine speed, a
`downshift notification circuit for issuing notifications that the
`engine of the vehicle is being operated at an insufficient
`engine speed, a vehicle proximity alarm circuit for issuing an
`alarm that the vehicle is too close to an object in front of the
`vehicle and a throttle controller for automatically reducing
`the amount of fuel supplied to the engine if the vehicle is too
`close to the object in front of it. Based upon data received
`from the sensors and data stored in the memory subsystem,
`the processor determines whether to activate the fuel overin-
`jection notification circuit, the upshift notification circuit, the
`downshift notification Circuit, the vehicle proximity alarm
`circuit or the throttle controller.
`
`P
`ROQENEOEED
`
`MEMORY SUBSYSTEM
`SPEED/DISTANCE TABLE 2
`SPEED/DISTANCE TABLE 1
`REGISTER
`RPM _
`REGISTER
`SENSOR
`
`14
`14d
`1::
`‘40
`
`18
`
`20
`
`10
`
`/
`
`22\ MANIFOLD PSI
`SENSOR
`
`24
`
`25
`
`25\
`
`THROTTLE
`SENSOR
`
`THROTTLE
`CONTROLLER
`
`RADAR
`DETECTOR
`
`
`
`
`
`
`16
`
`12
`
`PROCESSOR
`
`SUBSYSTEM
`
`MOVE
`SELECT
`
`42
`
`CND
`
`43
`
`
`
`UPSHIFT NOTIFICATION
`CIRCUIT
`
`DOWNSHIFI' NOTIFICATION
`CIRCUIT
`
`OVER INJECTION
`NOTIFICATION CIRCUIT
`
`VEHICLE PROXIMITY
`ALARM CIRCUIT
`
`34
`
`36
`
`38
`
`40
`
`30\ WINDSHIELD WIPER
`SENSOR
`
`32
`
`BRAKE
`SENSOR
`
`44
`
`POWER
`SUPPLY
`
`UNIFIED 1010
`
`1
`
`UNIFIED 1010
`
`

`

`US 5,954,781 Cl
`
`1
`EX PARTE
`REEXAMINATION CERTIFICATE
`
`
`THE PATENT IS HEREBY AMENDED AS
`
`INDICATED BELOW.
`
`5
`
`
`
`Matter enclosed in heavy brackets [ ] appeared in the
`patent, but has been deleted and is no longer a part of the
`patent; matter printed in italics indicates additions made
`to the patent.
`
`
` EN
`AS A RESULT OF REEXAMINAIION, Il HAS BA
`DETERMINED THAT:
`
`'lhe patentability ofe aims 1, 2, 4, 5, 7.8,10,12,13,15 and
`17-30 is confirmed.
`Claims 31 and 32 are now disclaimed.
`New claims 33-89 are added and determined to be
`patentable.
`Claims 3, 6, 9, 11, 14 and 16 were not reexamined.
`33. Apparatus for optimizing operation of a vehicle
`according to claim I further comprising:
`meansfor determining a distance separating a vehicle and
`an object, wherein the vehicle includes an engine; and
`a vehicle proximity alarm circuit coupled to saidprocessor
`subsystem, wherein the vehicle proximity alarm circuit
`includes at least one of a visual notification and an
`audible notification;
`wherein, upon the processor subsystem receiving the dis-
`tancejrom said meansjor determining a distance and
`determining said distance is less than a predetermined
`distance, the processor subsystem activates the vehicle
`proximity alarm circuit.
`34. Apparatus for optimizing operation of a vehicle
`according to claim 33, further comprising:
`a throttle controllerfor controlling a throttle ofsaid engine
`ofsaid vehicle;
`wherein, upon the processor subsystem receiving the dis-
`tancejrom said meansjor determining a distance and
`determining said distance received is less than a prede-
`termined distance, theprocessorsubsystem reduces said
`throttle.
`35. Apparatus for optimizing operation of a vehicle
`according to claim 34, wherein the processor subsystem
`includes (i) an active mode wherein the processor subsystem
`activates an alarm and reduces the throttle based upon the
`distance receivedfi'om said meansfor determining, and (ii)
`an inactive mode wherein the processor subsystem activates
`an alarm and the processor subsystem does not reduce the
`throttle based upon the distance receivedfrom said meansfor
`determining.
`36. Apparatus for optimizing operation of a vehicle
`according to claim 35, further comprising a mode select line
`for switching between said active mode and said inactive
`mode.
`37. Apparatus for optimizing operation of a vehicle
`according to claim 33, further wherein the processor sub-
`system determines whether the brakes ofthe vehicle are acti-
`vated.
`38. Apparatus for optimizing operation of a vehicle
`according to claim 33, wherein the vehicle proximity alarm
`circuitfurther comprises a displayfor displaying at least one
`ofthe speed ofthe object, and the distance to the object.
`39. Apparatus for optimizing operation of a vehicle
`according to claim I, wherein saidplurality ofsensors is the
`engine speed sensor and the vehicle speed sensor.
`
`2
`40. Apparatus for optimizing operation of a vehicle
`according to claim 1. wherein said notification thatthe engine
`is being operated an excessive speed comprises an automatic
`corrective action by the vehicle.
`41. Apparatus for optimizing operation of a vehicle
`according to claim 1, wherein said notification thatthe engine
`is being operated at an excessive speed notifies a driver that
`an upshift should be performed.
`42. Apparatus for optimizing operation of a vehicle
`10 according to claim I, wherein said notification that excessive
`fuel is being supplied to said engine ofsaid vehicle notifies a
`driver that the vehicle is not being operatedfitel efficiently.
`43. Apparatus jor optimizing operation of a vehicle
`according to claim I, wherein said manifold pressure set
`15 point is a manifold pressure threshold value.
`44. Apparatus for optimizing operation of a vehicle
`according to claim I, wherein said manifold pressure set
`point is a threshold value above which the manifoldpressure
`should not exceed
`45. Apparatus for optimizing operation of a vehicle
`according to claim I, wherein said processor subsystem
`determines when to activate said fuel overinjection circuit
`and said upshifi notification circuit based upon said manifold
`pressure setpoint and said RPIM set point.
`46. Apparatus for optimizing operation of a vehicle
`according to claim I , wherein said determination to activate
`saidfitel overinjection circuit is based on datafrom the road
`speed sensor:
`47. Apparatus for optimizing operation of a vehicle
`according to claim I, wherein said determination to activate
`saidfilel overinjection circuit is based on datafrom the mani-
`fold pressure sensor.
`48. Apparatus for optimizing operation of a vehicle
`according to claim I , wherein said determination to activate
`said fuel overinfection circuit is based on data from the
`throttle position sensor
`49. Apparatus for optimizing operation of a vehicle
`according to claim 1, wherein said processor subsystem is
`configured to automatically power on when the vehicle is
`started.
`50. Apparatus for optimizing operation of a vehicle
`according to claim I. wherein said determination when to
`activate saidfuel overinjection circuitand said determination
`when to activatesaid upshift notification circuit is basedupon
`said present and prior levels for said plurality of sensors
`stored in said memory subsystem.
`51. Apparatus for optimizing operation of a vehicle
`according to claim 1, wherein said processor subsystem is
`configured toperiodically communicate with saidplurality of
`sensors.
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`52. Apparatus for optimizing operation of a vehicle
`according to claim 1, wherein said processor subsystem is
`configured to retrieve data/ram the plurality ofsensors and
`store the data in said memory subsystem.
`53. Apparatus for optimizing operation of a vehicle
`according to claim 17, wherein the processor subsystem
`includes (i) an active mode wherein the processor subsystem
`activates an alarm and reduces the throttle based upon a
`distance receivedfrom said radar detector; and (ii) an inac-
`tive mode wherein the processor subsystem activates an
`alarm and the processor subsystem does not reduce the
`throttle based upon a distance receivedfrom said radar detec-
`to}:
`
`54. Apparatus for optimizing operation of a vehicle
`according to claim 53, further comprising a mode select line
`for switching between said active mode and said inactive
`mode.
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`US 5,954,781 C1
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`55. Apparatus for optimizing operation of a vehicle
`according to claim 17, wherein said processor subsystem
`activates said upshi/l notification circuit based on the mani-
`fold pressure set point and REM set point.
`56. Apparatus for optimizing operation of a vehicle
`according to claim I 7, wherein said at least one sensor is the
`road speed sensor.
`57. Apparatus for optimizing operation of a vehicle
`according to claim I 7, wherein the first speed/stopping dis-
`tance table is based on National Safety Council guidelines.
`58. Apparatus for optimizing operation of a vehicle
`according to claim 17, further wherein said processor sub-
`system automatically applies the brakes based upon data
`receivedfrom said radar detector, said atleast one sensorand
`said memory subsystem.
`59. Apparatus for optimizing operation of a vehicle
`according to claim 28 _further comprising:
`a meansfor determining a distance separating a vehicle
`and an object, wherein the vehicle includes an engine;
`and
`a vehicleproximity alarm circuit coupled to saidprocessor
`subsystem;
`wherein said processor subsystem activates said vehicle
`proximity alarm circuit based at least upon the data
`receivedfi'om said road speed sensor, and the meansfor '
`determining the distance separating the vehicle and the
`object.
`60. Apparatusfor optimizing operation ofa vehicle, com-
`prising:
`a radar detector; said radar detector determining a dis-
`tance separating a vehicle having an engine and an
`object infront ofsaid vehicle;
`a plurality ofsensors coupled to said vehiclefor monitor
`ing operation thereof saidplurality ofsensors including
`a road speed sensor and an engine speed sensor;
`a processor subsystem, coupled to said radar detector and
`said at least one sensor; to receive data therefrom;
`a memory subsystem. coupled to saidprocessor subsystem,
`said memory subsystem storing a first vehicle speed/
`stopping distance table;
`a vehicleproximity alarm circuit coupled to saidprocessor
`subsystem, said vehicle proximity alarm circuit issuing
`an alarm that said vehicle is too close to said object;
`said processor subsystem determining whether to activate
`said vehicle proximity alarm circuit based upon separa-
`tion distance data received from said radar detector;
`vehicle speed data receivedfrom said road speed sensor
`and said first vehicle speed/stopping distance table
`stored in said memory subsystem; and
`a throttle controllerfor controlling a throttle ofsaid engine
`ofsaid vehicle;
`wherein saidprocessor subsystem selectively reduces said
`throttle based upon the data receivedfrom said radar
`detector;
`further wherein the processor subsystem includes (i) an
`active mode in which the processor subsystem activates
`the vehicle proximity alarm circuit to issue the vehicle
`proximity alarm and reduces the throttle based upon the
`data receivedfi'om said radar detector; and (ii) an inac-
`tive mode in which theprocessor subsystem activates the
`vehicle proximity alarm circuit to issue the alarm and
`the throttle is not selectively reduced based upon the
`data receivedfrom said radar detector;
`a fuel overinjection notification circuit coupled to said
`processor subsystem, saidfuel overinjection noty‘ication
`circuit issuing a notification that excessivefitel is being
`supplied to said engine ofsaid vehicle;
`
`4
`wherein said processor subsystem determines whether to
`activate saidfuel overinjection notification circuit based
`upon at least the data received fi'om said road speed
`sensor
`
`61. Apparatus for optimizing operation of a vehicle
`according to claim 60, wherein saidfirst speed/stopping dis
`tance table is a loo/cup table.
`62. Apparatus for optimizing operation of a vehicle
`according to claim 60, wherein saidfirst speed/stopping dis-
`tance table is based upon National Safety Council guidelines.
`63. Apparatus for optimizing operation of a vehicle
`according to claim 60, wherein said vehicle comprises a
`truck.
`64. Apparatus for optimizing operation of a vehicle
`according to claim 60, wherein said memory subsystem stores
`vehicle class information.
`65. Apparatus for optimizing operation of a vehicle
`according to claim 60, wherein said processor subsystem is
`configured to automatically power on when the vehicle is
`started.
`66. Apparatus for optimizing operation of a vehicle
`according to claim 60, wherein saidfirst speed/stopping dis-
`tance table is the relationship between vehicle speed and
`stopping distance.
`67. Apparatus for optimizing operation of a vehicle
`according to claim 60 wherein:
`said plurality of sensors further including a windshield
`wiper sensorfor indicating whether a windshield wiper
`ofsaid vehicle is activated; and
`said memory subsystem further storing a second vehicle
`speed/stopping distance table;
`ifsaid windshield wiper sensor indicates that said wind-
`shield wiper is deactivated, said processor subsystem
`determining whether to activate said vehicle proximity
`alarm circuit based upon data receivedfrorn said radar
`detector, said road speed sensor and said first vehicle
`speed/stopping distance table stored in said memory
`subsystem ;
`ifsaid windshield wiper sensor indicates that said wind-
`shield wiper is activated, said processor subsystem
`determining whether to activate said vehicle proximity
`alarm circuit based upon data receivedfrom said radar
`detector. said road speed sensor and said second vehicle
`speed/stopping distance table stored in said memory
`subsystem,
`68. Apparatus for optimizing operation of a vehicle
`according to claim 60, further comprising:
`a display;
`wherein the vehicleproximity alarm includes at least one of
`an audible and a visual indication; and
`wherein the visual indication is displayed on the display.
`69. Apparatusfor optimizing operation ofa vehicle, com-
`prising:
`a tachometer;
`a radar detector; said radar detector determining a dis-
`tance separating a vehicle having an engine and an
`object infront ofsaid vehicle;
`a plurality ofsensors coupled to said vehiclefor monitor-
`ing operation thereof saidplurality ofsensors including
`a road speed sensor, an engine speed sensor and a brake
`sensor;
`a processor subsystem, coupled to said radar detector and
`said at least one sensor; to receive data therefi‘om;
`a memory subsystem including random access memory,
`coupled to saidprocessor subsystem, said memory sube
`system storing a first vehicle speed/stopping distance
`table:
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`US 5,954,781 C1
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`10
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`a vehicleproximity alarm circuit coupled to saidprocessor
`subsystem, said vehicle proximity alarm circuit issuing
`an alarm that said vehicle is too close to said object;
`said processor subsystem determining whether to activate
`said vehicle proximity alarm circuit based upon separae
`tion distance data received from said radar detector,
`vehicle speed data receivedfrom said road speed sensor
`and said first vehicle speed/stopping distance table
`stored in said memory subsystem;
`a throttle controllerfor controlling a throttle ofsaid engine
`ofsaid vehicle;
`wherein saidprocessor subsystem selectively reduces said
`throttle based upon the data received from said radar
`detector;
`further wherein the processor subsystem includes (i) an
`active mode in which the processor subsystem activates
`the vehicle proximity alarm circuit to issue the vehicle
`proximity alarm and reduces the throttle based upon the
`data receivedfrom said radar detector; and (ii) an inac-
`tive mode in which theprocessor subsystem activates the
`vehicle proximity alarm circuit to issue the alarm and
`the throttle is not selective/y reduced based upon the
`data receivedfrom said radar detector;
`a uel overinjection notification circuit coupled to said '
`processor subsystem, saidfuel overinjection notmcation
`circuit issuing a notification that excessivefitel is being
`supplied to said engine ofsaid vehicle:
`an upshift notification circuit coupled to said processor
`subsystem.
`70. Apparatus for optimizing operation of a vehicle
`according to claim 69, further comprising a mode select line
`for switching between said active mode and said inactive
`mode.
`71. Apparatus for optimizing operation of a vehicle
`according to claim 70, further comprising:
`a display;
`wherein the vehicleproximity alarm includes at least one of
`an audible and a visual indication; and
`wherein the visual indication is displayed on the display.
`72. Apparatus for optimizing operation of a vehicle
`according to claim 7]. further comprising a selector for
`selecting a type ofvehicle proximity alarm, wherein the type
`ofvehicleproximity alarm is selectedfrom the group consist-
`ing ofan audible indication, a visual indication, and combi-
`nations thereof
`73. Apparatus for optimizing operation of a vehicle
`accordingto claim 72, wherein said memory subsystem stores
`vehicle class information.
`74. Apparatus for optimizing operation of a vehicle
`according to claim 72, wherein said processor subsystem is
`configured to select a type ofvehicle proximity alarm based
`on the determined distance, wherein the type ofvehicleprox-
`imity alarm is selected from the group consisting of an
`audible indication, a visual indication, and combinations
`thereof
`75. Apparatus for optimizing operation of a vehicle
`according to claim 69, wherein said processor subsystem
`tracks the number ofvehicle proximity alarms issued before
`corrective action eliminates a hazardous condition.
`76. Apparatusfor optimizing operation ofa vehicle, com-
`prising:
`a radar detector said radar detector determining a dis
`tance separating a vehicle having an engine and an
`object in_front of'said vehicle;
`
`6
`a plurality ofsensors coupled to said vehiclefor monitor-
`ing operation thereof saidplurality ofsensors including
`a road speed sensor, an engine speed sensor and a brake
`sensor;
`a processor subsystem, coupled to said radar detector and
`said at least one sensor, to receive data therefrom;
`a memory subsystem, coupled to saidprocessor subsystem,
`said memory subsystem storing a first vehicle speed/
`stopping distance table and an RPM set point;
`a vehicleproximity alarm circuit coupled to saidprocessor
`subsystem, said vehicle proximity alarm circuit issuing
`an alarm that said vehicle is too close to said object;
`saidprocessor subsystem determining whether to activate
`said vehicleproximity alarm circuit based upon separa-
`tion distance data received from said radar detector,
`vehicle speed data receivedfrom said road speed sensor
`and said first vehicle speed/stopping distance table
`stored in said memory subsystem;
`a throttle controllerfor controlling a throttle ofsaid engine
`ofsaid vehicle;
`wherein saidprocessor subsystem selectively reduces said
`throttle based upon the data received from said radar
`detector;
`further wherein the processor subsystem includes (i) an
`active mode in which the processor subsystem activates
`the vehicle proximity alarm circuit to issue the vehicle
`proximity alarm and reduces the throttle based upon the
`data receivedfrom said radar detector, and (ii) an inac-
`tive mode in which theprocessor subsystem activates the
`vehicle proximity alarm circuit to issue the alarm and
`the throttle is not selectively reduced based upon the
`data receivedfrom said radar detector;
`a fitel overinjection notification circuit coupled to said
`processor subsystem, saidfuel overinjection notification
`circuit issuing a notification that excessivefitel is being
`supplied to said engine ofsaid vehicle;
`further wherein said processor subsystem determines
`whether a brake of the vehicle is activated based upon
`data receivedfrom the brake sensor
`77. Apparatus for optimizing operation of a vehicle
`according to claim 76, further comprising a mode select line
`for switching between said active mode and said inactive
`mode.
`78. Apparatus for optimizing operation of a vehicle
`according to claim 77, further comprising an upshift notifi-
`cation circuit coupled to said processor subsystem, said
`upshi/l notification circuit issuing a notification that said
`engine ofsaid vehicle is being operated at an excessive speed.
`79. Apparatus for optimizing operation of a vehicle
`according to claim 78, further comprising a downshift noti-
`fication circuit coupled to said processor subsystem, said
`downshijt notification circuit issuing a notification that said
`engine ofsaid vehicle is being operated at an insuficient
`engine speed.
`80. Apparatus for optimizing operation of a vehicle
`according to claim 77, further comprising a selector for
`selecting a type ofvehicle proximity alarm, wherein the type
`ofvehicleproximity alarm is selectedfi'om the group consist-
`ing ofan audible indication, a visual indication, and combi-
`nations thereof
`81. Apparatus for optimizing operation of a vehicle
`according to claim 77,further comprising a busfor bidirece
`tional exchanges ofaddress, data and control signals between
`said processor subsystem and said memory subsystem.
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`US 5,954,781 C1
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`82. Apparatus for optimizing operation of a vehicle
`according to claim 8], wherein said memory subsystem
`includes at least one registerfor holding the level ofsaid road
`speed sensor.
`83. Apparatus for optimizing operation of a vehicle
`according to claim 77, fitrther comprising a speedometer.
`84. Apparatus for optimizing operation of a vehicle
`according to claim 77, further comprising a power source
`including voltage divider circuitry.
`85. Apparatus for optimizing operation of a vehicle
`according to claim 77, wherein said processor subsystem is
`configured to retrieve datafrom said road speed sensor and
`store the data in said memory subsystem.
`86. Apparatus for optimizing operation of a vehicle
`according to claim 77, wherein said processor subsystem is
`configured to wait a preselected time period after issuing the
`vehicle proximity alarm.
`87. Apparatus for optimizing operation of a vehicle
`according to claim 77, wherein said processor subsystem is
`configured to select a type of vehicle proximity alarm based
`
`8
`on the determined distance, wherein the type ofvehicle prox-
`imity alarm is selected from the group consisting of an
`audible indication, a visual indication, and combinations
`thereof
`88. Apparatus for optimizing operation of a vehicle
`according to claim 76, further comprising:
`an upshift notification circuit coupled to said processor
`subsystem, said upshift notification circuit
`issuing a
`notification that said engine of said vehicle is being
`operated at an excessive speed; and
`said processor
`subsystem determining, based upon
`whether engine speed exceeds saidRPMset point, when
`to activate said upshifi notification circuit.
`89. Apparatus for optimizing operation of a vehicle
`according to claim 76) further comprising a selector for
`selecting a type ofvehicle proximity alarm, wherein the type
`ofvehicle proximity alarm is selectedfrom the group consist-
`ing ofan audible indication, a visual indication, and combi-
`nations thereof
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`Issue Classrficatlon 90013252
`
`5,954,781
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`DAVID ENGLAND
`
`3992
`
`GPO
`
`
`- _
`
`2013-01-01
`2013-01-01
`
`
`
`
`
`
`
`
`
`Version
`
`1
`
`(Assistant Examiner)
`/DAV|D ENGLAND/
`Primary Examiner.Ait Unit 3992
`
`(Primary Examiner)
`US. Patent and Trademark Ofiice
`
`Total Claims Allowed:
`
`87
`
`04/09/2015
`
`(Date)
`
`O.G. Print Claim(s)
`
`O.G. Print Figure
`
`1
`
`Part of Paper No. 20150622
`
`6
`
`

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`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`Issue Classification 90013252
`
`II||II|I|III||III||I|III|||IIII|II||I|III|II|
`
`III
`
`Examiner
`
`DAVID ENGLAND
`
`5954781
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`Art unit
`
`3992
`
`US ORIGINAL CLASSIFICATION
`
`INTERNATIONAL CLASSIFICATION
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`_ _---I—
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`Wu
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`I-IIII-
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`SUBCLASS (ONE SUBCLASS PER BLOCK)
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`438
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`I...
`I...
`I...
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`I...
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`1
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`Total Claims Allowed:
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`87
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`04/09/2015
`
`O.G. Print Claim(s)
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`O.G. Print Figure
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`(Date)
`
`1
`
`Part of Paper No. 20150622
`
`(Assistant Examiner)
`/DAV|D ENGLAND/
`Primary Examiner.Ait Unit 3992
`
`(Primary Examiner)
`US. Patent and Trademark Office
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`7
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`Application/Control No.
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`Applicant(s)/Patent Under Reexamination
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`Issue Classification 90013252
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`Examiner
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`DAVID ENGLAND
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`5954781
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`Art unit
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`3992
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`[I
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`[I
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`El
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`96
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`Fl.1.47
`T.D
`Claims renumbered in the same order as presented by applicant
`El
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`97
`63
`81
`1
`1
`17
`17
`
`82
`
`83
`a4
`85
`86
`87
`
`88 OmV®MJ>uN
`
`89
`90
`91
`92
`93
`94
`
`1
`
`Total Claims Allowed:
`
`87
`
`04/09/2015
`
`O.G. Print Claim(s)
`
`O.G. Print Figure
`
`(Date)
`
`1
`
`Part of Paper No. 20150622
`
`(Assistant Examiner)
`/DAV|D ENGLAND/
`Primary Examiner.Ai1 Unit 3992
`
`(Primary Examiner)
`U‘S. Pateni and Trademark Office
`
`8
`
`

`

`Docket No. 1089-001
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Confirmation No.
`
`:
`
`9999
`
`Control No.
`
`Patent No.
`
`:
`
`:
`
`90013252
`
`5,954,781
`
`: Harvey Slepian
`Applicant
`Reexam Filed: May 22, 2014
`Art Unit.
`:
`3992
`
`: David E. England
`Examiner
`Customer No.:
`88360
`
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22 31 3-1450
`
`Comments on Statement of Reasons for Patentability and/or Confirmation
`
`Sir:
`
`This Response is being submitted in the above-identified Reexamination.
`
`Remarks begin on page 2 of this paper.
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`Control No. 90013252
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`Remarks
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`Patent Owner thanks the Examiner for the Notice of Intent to Issue an Ex Parte
`
`Reexamination Certificate. The Examiner acknowledges the Patent Owner’s November
`
`3, 2014 Response, which commented on,
`
`inter alia, what might be perceived as
`
`ambiguities in the Examiner’s statements. The Patent Owner therefore provided detailed
`
`comments in the interest of avoiding any subsequent disputes over ambiguities. In the
`
`present Notice of Intent, the Examiner states that the Examiner and the Patent Owner
`
`agree with one another. Notice of Intent, at 7 (“Examiner acknowledges the Patent
`
`Owner’s
`
`response
`
`filed
`
`11/03/2014 which
`
`agrees with
`
`the Reasons
`
`for
`
`Confirmation/Allowance made in the Non—Final Office Action date 10/21/2014.”) Patent
`
`Owner therefore believes that no ambiguities remain.
`
`For example, the Examiner notes that the overinjection notification circuit is for
`
`“alerting a driver that too much fuel is being supplied to the engine” as a consequence of
`
`the driver’s operation of the vehicle. Notice of Intent, at 11. That is, the fuel overinjection
`
`notification circuit provides a driver a notification that his or her driving is fuel efficient
`
`or inefficient (e.g., a light that goes on and off when driving is fuel (in)efficient manner
`
`such as driving above a speed limit, a horn that goes on and off when driving is fuel
`
`(in)efficient, a visual indication showing a deviation below a mean value the driver
`
`knows corresponds with fuel efficient driving). See, e.g., US. Patent No. 5,954,781, at
`
`col. 13:41-44 (“By incorporating the disclosed apparatus in a vehicle, not only will
`
`certain hazardous operations of the vehicle be avoided but also the driver will be advised
`
`of certain actions which will enable the vehicle to be operated with greater @
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`Control No. 90013252
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`efficiency”) (emphasis added). The Examiner also has indicated he has considered
`
`Requester Volkswagen’s co-pending petition for inter partes review IPR2015-00276
`
`(“the ‘276 Petition”). In that Petition, Volkswagen argued that an “indicator light” in US.
`
`Patent No. 4,398,174 (“Smith”) activated to alert “the driver the engine is being operated
`
`in a
`
`‘fuel wasteful
`
`fashion’” corresponded with the claimed “fuel overinjection
`
`notification circuit.” See ‘276 Petition, at 9 & 16-17. Patent Owner assumes the Examiner
`
`considered Requester’s arguments regarding Smith before issuing the Notice of Intent
`
`and, therefore, no ambiguity exists with respect to the function of the fuel ovcrinjcction
`
`notification circuit.1
`
`Underscoring the agreement between the Examiner and the Patent Owner is the
`
`Examiner’s thorough examination of new patent claims (e.g., application claims 38, 54,
`
`88, and 106). The Examiner presumably also thoroughly examined and approved as
`
`patentable claim 42, which provides: “Apparatus for optimizing operation of a vehicle
`
`according to claim 1, wherein said notification that excessive fuel is being supplied to
`
`said engine of said vehicle notifies a driver that the vehicle is not being operated fuel
`
`efficiently.” The Examiner would not have allowed this claim unless the Patent Owner
`
`and Examiner agreed with one another with respect
`
`to the function of the fuel
`
`overinjection notification circuit. See, e.g., Frank’s Casing Crews & Rental Tools, Inc. V.
`
`Weathelford Int’l, Inc, 389 F.3d 1370, 1377 (Fed. Cir. 2004) (“If possible, the court
`
`construes claim terms ‘in a manner that renders the patent
`
`internally consistent.’”)
`
`(quoting Budde v. Harley-Davidson, Inc, 250 F.3d 1369, 1379-80 (Fed. Cir. 2001).) To
`
` 1
`
`Patent Owner did not dispute that Smith disclosed a fuel overinjection
`notification circuit, but responded to Volkswagen's petition that Smith failed to
`disclose numerous elements (in addition to many other deficiencies in Volkswagen's
`petition].
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`Control No. 90013252
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`the extent that Patent Owner has missed anything, Patent Owner would appreciate being
`
`so advised. To the extent that nothing has been missed, Patent Owner desires that the
`
`Reexamination Certificate issue as expeditiously as possible.
`
`Finally, Patent Owner respectfully disagrees that application claims 86 and 87
`
`were not patentable over US. Patent No. 5,905,457 (“Rashid”). Nevertheless, in the
`
`interest of expediting prosecution under the circumstances, Patent Owner has accepted
`
`the Examiner’s amendments to claims 86 and 87 (and the remaining amendments).
`
`Respectfully submitted,
`
`RICHARDS PATENT LAW PC
`
`Rem it}, Kiwi)?
`
`Patrick D, Richards
`
`Registration. No. 48,905
`
`Please recognize Customer Ne, 88366
`as the eerregpmidence address.
`
`Richards Patent Law RC,
`
`233 Sr Wacker Dr, 84th Floor
`
`Chicago, EL 60606
`Phone: (312) 2838555
`Bate: May 5. 20,1 5?
`
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`Electronic Acknowledgement Receipt
`
`22262585
`
`Confirmation Number:
`
`
`
`Title of Invention:
`
`Method and Apparatus for Optimizing Vehicle Operation
`
`
`
`First Named Inventor/Applicant Name:
`
`5,954,781
`
`——
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`17:16:52
`Time Stamp:
`
`
`
`
`Application Type: Reexam (I'hird Party)
`
`Payment information:
`
`Document
`Number
`
`Document Descri
`
`tion
`
`P
`
`.
`Patent Owner Comments after Action
`Closing Prosecution
`
`Commentspdf
`
`Pages
`Multi
`Part /.zip (ifappl.)
`
`FileSize(Bytes)/
`Message Digest
`114208
`
`c6e05e927d<75dd94632babaQSCac7309l9
`45893
`
`
`
`Information:
`
`13
`
`13
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`

`

`
`
`Total Files Size (in bytes) 114208
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)—(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
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