a2, EX PARTE REEXAMINATION CERTIFICATE(10647th)
`United States Patent
`US 5,954,781 Cl
`do) Number:
`Slepianet al.
`Jul. 7, 2015
`(45) Certificate Issued:
`
`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 O.G. 243)
`
`(51)
`
`Int. Cl.
`GO6F 7/00
`BOOR 16/023
`(52) U.S.CL
`CPC .... B6OR 16/0231 (2013.01); BOOW 2510/0671
`(2013.01)
`
`(2006.01)
`(2006.01)
`
`(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 — 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 windshield wiper sensor
`for indicating whether a windshield wiper of the vehicle is
`activated, a brake sensor for determining whetherthe brakes
`of the vehicle have been activated, a fuel overinjection noti-
`fication circuit for issuing notifications that excessive fuelis
`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 amountof fuel supplied to the engineif 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 whetherto activate the fuel overin-
`jection notification circuit, the upshift notification circuit, the
`downshift notification circuit, the vehicle proximity alarm
`circuit or the throttle controller.
`
`DOWNSHIFT NOTIFICATION[~36
`24
`THROTTLE
`SENSOR
`CIRCUIT
`PROCESSOR
`
`22~{ MANIFOLD PSI
`SENSOR
`
`26~]
`
`28
`
`THROTTLE
`CONTROLLER
`
`RADAR
`DETECTOR
`
`30~J WINDSHIELD WIPER
`SENSOR
`
`
`
`(714
`MEMORY suBsYsTEM
`PI
`4
`}~! 4d
`SPEED/DISTANCE TABLE 2
`18 NCO
`; it
`SPEED/DISTANCE TABLE 1
`REGISTER
`RPM|_——SREGISTER
`REGISTER
`14a
`20
`SENSOR
`16
`
`
`
`
`”
`
`SUBSYSTEM
`
`MOVE
`SELECT
`
`42
`
`
`
`0
`
`UPSHIFT NOTIFICATION
`CIRCUIT
`
`34
`
`OVER INJECTION
`NOTIFICATION CIRCUIT
`
`VEHICLE PROXIMITY
`ALARM CIRCUIT
`
`38
`
`40
`
`UNIFIED 1010
`
`32
`
`BRAK E
`SENSOR
`
`44
`
`POWER
`SUPPLY
`
`1
`
`UNIFIED 1010
`
`

`

`US 5,954,781 Cl
`
`1
`EX PARTE
`REEXAMINATION CERTIFICATE
`
`
`THE PATENT IS HEREBY AMENDED AS
`
`INDICATED BELOW.
`
`
`
`Matter enclosed in heavy brackets [ ] appearedin the
`patent, but has been deleted andis no longera partof the
`patent; matter printedin italics indicates additions made
`to the patent.
`
`T.
`
` EN
`AS A RESULT OF REEXAMINATION,
`IT HAS B
`DETERMINED THAT:
`
`‘The patentability ofclaims1, 2, 4,5, 7,8, 10,12, 13,15 and
`17-30 is confirmed.
`Claims 31 and 32 are now disclaimed.
`Newclaims 33-89 are added and determined to be
`patentable.
`Claims3, 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 alarmcircuit 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-
`tance from said means for determining a distance and
`determining said distanceis 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 subsystemreceiving the dis-
`tance from said means for determining a distance and
`determining said distance receivedis less than a prede-
`termined distance, theprocessor subsvstem 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 receivedfrom said means for determining, and(ii)
`an inactive mode wherein the processor subsystem activates
`an alarm and the processor subsystem does not reduce the
`throttle based uponthe distance receivedfrom said meansfor
`determining.
`36. Apparatus for optimizing operation of a vehicle
`according to claim 35, further comprising a modeselectline
`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 whetherthe 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 1, 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 notificationthat the engine
`is being operated an excessive speed comprises an automatic
`corrective action bythe vehicle.
`41. Apparatus for optimizing operation of a vehicle
`according to claim 1, wherein said notification that the 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
`according to claim 1, wherein said notification that excessive
`fuel is being supplied to said engine ofsaid vehicle notifies a
`driver that the vehicle is not being operatedfuel efficiently.
`43. Apparatus for optimizing operation of a vehicle
`according to claim 1, wherein said manifold pressure set
`point is a manifold pressure threshold value.
`44. Apparatus for optimizing operation of a vehicle
`according to claim 1, 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 lo claim 1, wherein said processor subsystem
`determines when to activate said fuel overinjection circuit
`and said upshift notification circuit based uponsaid manifold
`pressure set point and said RPMsetpoint.
`46. Apparatus for optimizing operation of a vehicle
`according to claim 1, wherein said determinationto activate
`saidfuel overinjection circuit is based on datafrom the road
`speed sensor.
`47. Apparatus for optimizing operation of a vehicle
`according lo claim 1, wherein said determination to activate
`saidfuel overinjection circuit is based on datafrom the mani-
`fold pressure sensor.
`48. Apparatus for optimizing operation of a vehicle
`according to claim 1, wherein said determination to activate
`said fuel overinjection 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 automaticall: power on when the vehicle is
`started.
`50. Apparatus for optimizing operation of a vehicle
`according to claim 1, wherein said determination when to
`activate saidfuel overinjection circuit and said determination
`whenlo activale said upshifl notification circuit is based upon
`said present and prior levels for said plurality of sensors
`stored in said memory subsystem.
`531. Apparatus for optimizing operation of a vehicle
`according to claim 1, wherein said processor subsystem is
`configured toperiodically communicate with saidpluralityof
`Sensors.
`
`52. Apparatus for optimizing operation of a vehicle
`according to claim 1, wherein said processor subsystem is
`configured lo retrieve datafrom the plurality ofsensors and
`store the data in said memorysubsystem.
`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-
`tor.
`
`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 Cl
`
`16
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`355. Apparatus for optimizing operation of a vehicle
`according to claim 17, wherein said processor subsystem
`activates said upshift notification circuil based on the mani-
`fold pressure set point and RPMset point.
`56. Apparatus for optimizing operation of a vehicle
`according to claim 17, wherein said at least one sensor is the
`road speed sensor.
`357. Apparatus for optimizing operation of a vehicle
`according to claim 17, wherein the first speed/stopping dis-
`tance table is based on National Safety Council guidelines.
`38. Apparatus for optimizing operation of a vehicle
`according to claim 17, further wherein said processor sub-
`system automatically applies the brakes based upon data
`receivedfromsaid radar detector, said at least one sensorand
`said memory subsystem.
`59. Apparatus for optimizing operation of a vehicle
`according to claim 28 further comprising:
`a means for determining a distance separating a vehicle
`and an object, wherein the vehicle includes an engine;
`and
`avehicleproximityalarm circuil coupled to saidprocessor
`subsystem;
`wherein said processor subsystem activates said vehicle
`proximity alarm circuit based at least upon the data
`receivedfrom 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
`objectinfront 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;
`amemory subsystem, coupled to saidprocessor subsystem,
`said memory subsystem storing a first vehicle speed/
`stopping distance table;
`a vehicleproximityalarmcircuit 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 alarmcircuit based upon separa-
`tion distance data received from said radar detector,
`vehicle speed data receivedfromsaid road speed sensor
`and said first vehicle speed/stopping distance table
`stored in said memorysubsystem; and
`a throttle controllerfor controlling a throttle ofsaid engine
`ofsaid vehicle;
`wherein saidprocessor subsystem selectively reduces said
`throtile 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 alarmcircuit to issue the vehicle
`proximity alarm and reduces the throttle based uponthe
`data receivedfromsaid radar detector, and (ii) an inac-
`tive modein which theprocessor subsystem activates the
`vehicle proximity alarmcircuit 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 notification
`circuit issuing a notification that excessivefuel 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 from 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 lookup 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 memorysubsystem stores
`vehicle class information.
`65. Apparatus for optimizing operation of a vehicle
`according to claim 60, wherein said processor subsystemis
`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 memorysubsystem 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
`alarmcircuit based upon data receivedfrom 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
`alarmcircuit 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 alarmincludes 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
`objectin front ofsaid vehicle;
`a plurality ofsensors coupled to said vehiclefor monitor-
`ing operation thereof, saidplurality ofsensors including
`aroad 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 including random access memory,
`coupled to saidprocessor subsystem, said memorysub-
`system storing a first vehicle speed/stopping distance
`table;
`
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`SO
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`

`

`US 5,954,781 Cl
`
`5
`a vehicleproximityalarm 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 receivedfromsaid 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
`throtile based upon the data received from said radar
`detector;
`further wherein the processor subsystem includes (i) an
`active mode in which the processor subsystem activales
`the vehicle proximity alarmcircuit to issue the vehicle
`proximity alarm and reduces the throttle based uponthe
`data receivedfromsaid radar detector, and(ii) an inac-
`tive modein which theprocessor subsystemactivates 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 notification
`circuit issuing a notification that excessivefuel 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 modeselectline
`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 atleast 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 71, further comprising a selector for
`selecting a type ofvehicle proximity alarm, wherein the tvpe
`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
`according to claim 72, wherein said memory subsystem stores
`vehicle class information.
`74. Apparatus for optimizing operation ofa vehicle
`according to claim 72, wherein said processor subsystemis
`configured to select a type ofvehicle proximity alarm based
`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.
`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 infront ofsaid vehicle;
`
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`
`40
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`a plurality ofsensors coupled to said vehiclefor monitor-
`ing operation thereof, saidplurality ofsensors including
`aroad 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;
`amemory subsystem, coupled to saidprocessor subsystem,
`said memory subsystem storing a first vehicle speed/
`stopping distance table and an RPM setpoint;
`a vehicleproximityalarm 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 whetherto activate
`said vehicle proximity alarm circuit based upon separa-
`lion 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 subsystemselectively 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 alarmcircuit to issue the vehicle
`proximity alarm and reduces the throttle based upon the
`data receivedfromsaid radar detector, and (ii) an inac-
`tive modein whichtheprocessor subsystemactivates the
`vehicle proximity alarmcircuit 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 notification
`circuit issuing a notification that excessivefuel 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
`upshift notification circuil 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
`downshift notification circuit issuing a notification that said
`engine ofsaid vehicle is being operated at an insufficient
`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 alarmis selectedfromthe 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 bidirec-
`tional exchanges ofaddress, data and controlsignals between
`said processor subsystem and said memorysubsystem.
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`

`US 5,954,781 Cl
`
`7
`82. Apparatus for optimizing operation of a vehicle
`according to claim 81, wherein said memory subsystem
`includesatleast one registerfor holding the level ofsaid road
`speed sensor.
`83. Apparatus for optimizing operation of a vehicle
`according to claim 77, further 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 subsystemis
`configured to retrieve data from said road speed sensor and
`store the data in said memorysubsystem.
`86. Apparatus for optimizing operation of a vehicle
`according to claim 77, wherein said processor subsystemis
`configured to wait a preselected time periodafter 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 indicalion, 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 saidRPMsel point, when
`to activate said upshift 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 alarmis selectedfromthe group consist-
`ing ofan audible indication, a visual indication, and combi-
`nations thereof.
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`Applicant(s)/Patent Under Reexamination Issue Classification|45,3050
`
`Application/Control No.
`
`5954,781
`
`DAVID ENGLAND
`
`3992
`
`CPC
`
`
`
`
`
`
`
`
`
`2013-01-01
`
`2013-01-01
`
`Version
`
`1
`
`Total Claims Allowed:
`
`87
`
`04/09/2015
`
`©.G. Print Claim(s)
`
`©.G. Print Figure
`
`(Date)
`
`1
`
`Part of Paper No. 20150622
`
`(Assistant Examiner)
`/DAVID ENGLAND/
`Primary Examiner. Art Unit 3992
`
`(Primary Examiner)
`U.S. Patent and Trademark Office
`
`6
`
`

`

`Application/Control No.
`Applicant(s)/Patent Under Reexamination
`
`Issue Classification|45,3050 5954,781
`
`DAVID ENGLAND
`
`3992
`
`
`
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`CLASS
`
`
`
`US ORIGINAL CLASSIFICATION
`
`INTERNATIONAL CLASSIFICATION
`
`
`7feSSCSC~S a[so]| |||
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`
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`CROSS REFERENCE(S)
`
`
`
`1
`
`(Assistant Examiner)
`/DAVID ENGLAND/
`Primary Examiner. Art Unit 3992
`
`(Primary Examiner)
`U.S. Patent and Trademark Office
`
`04/09/2015
`
`(Date)
`
`Total Claims Allowed:
`
`87
`
`©.G. Print Claim(s)
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`©.G. Print Figure
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`1
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`Part of Paper No. 20150622
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`7
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`

`Application/Control No.
`Applicant(s)/Patent Under Reexamination
`Issue Classification|95543050
`5,954,781
`
`DAVID ENGLAND
`
`Art Unit
`
`3992
`
`O T.bD.
`
`Oo
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`R147
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` olol/ralml[a;rlol]n
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`Claims renumbered in the sameorder as presented byapplicant
`oO
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
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`Original
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`q 17 17 81 631 97
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`Total Claims Allowed:
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`87
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`04/09/2015
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`©.G. Print Claim(s)
`
`©.G. Print Figure
`
`(Date)
`
`1
`
`1
`Part of Paper No. 20150622
`
`(Assistant Examiner)
`/DAVID ENGLAND/
`Primary Examiner. Art Unit 3992
`
`(Primary Examiner)
`U.S. Patent and Trademark Office
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`8
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`Docket No. 1089-001
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`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`Confirmation No.
`
`:
`
`9999
`
`90013252
`:
`Control No.
`5,954,781
`:
`PatentNo.
`: Harvey Slepian
`Applicant
`Reexam Filed: May 22,2014
`Art Unit.
`:
`3992
`Examiner
`: David E. England
`Customer No.:
`88360
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Comments on Statementof Reasonsfor Patentability and/or Confirmation
`
`Sir:
`
`This Response is being submitted in the above-identified Reexamination.
`
`Remarksbegin on page 2 of this paper.
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`Remarks
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`Patent Owner thanks the Examiner for the Notice of Intent to Issue an Ex Parte
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`Reexamination Certificate. The Examiner acknowledges the Patent Owner’s November
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`3, 2014 Response, which commented on,
`
`inter alia, what might be perccived as
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`ambiguities in the Examiner’s statements. The Patent Owner therefore provided detailed
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`comments in the interest of avoiding any subsequent disputes over ambiguities. In the
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`present Notice of Intent, the Examiner states that the Examiner and the Patent Owner
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`agree with one another. Notice of Intent, at 7 (“Examiner acknowledges the Patent
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`Owner’s
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`response
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`filed
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`11/03/2014 which
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`agrees with
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`the Reasons
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`for
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`Confirmation/Allowance made in the Non-Final Office Action date 10/21/2014.”) Patent
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`Ownertherefore believes that no ambiguities remain.
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`For example, the Examiner notes that the overinjection notification circuit is for
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`“alerting a driver that too much fuel is being supplied to the engine” as a consequence of
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`the driver’s operation of the vehicle. Notice of Intent, at 11. That is, the fuel overinjection
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`notification circuit provides a driver a notification that his or her driving is fucl efficient
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`or inefficient (¢.g., a light that goes on and off when driving is fuel (in)efficient manner
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`such as driving above a speed limit, a horn that goes on and off when driving is fuel
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`(injefficient, a visual indication showing a deviation below a mean value the driver
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`knowscorresponds with fuel efficient driving). See, e.g., U.S. Patent No. 5,954,781, at
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`col. 13:41-44 (“By incorporating the disclosed apparatus in a vehicle, not only will
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`certain hazardous operations of the vehicle be avoided but also the driver will be advised
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`of certain actions which will enable the vehicle to be operated with greater fuel
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`Control No. 90013252
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`efficiency.”’) (emphasis added). The Examiner also has indicated he has considered
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`Requester Volkswagen’s co-pending petition for inter partes review IPR2015-00276
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`(‘the ‘276 Petition”). In that Petition, Volkswagen argued that an “indicator light” in U.S.
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`Patent No. 4,398,174 (“Smith”) activated to alert “the driver the engine is being operated
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`in a ‘fuel wasteful
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`fashion’” corresponded with the claimed “fuel overinjection
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`notification circuit.” See ‘276 Petition, at 9 & 16-17. Patent Owner assumes the Examiner
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`considered Requester’s arguments regarding Smith before issuing the Notice of Intent
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`and, therefore, no ambiguity cxists with respect to the function of the fucl overinjection
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`notification circuit.’
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`Underscoring the agreement between the Examiner and the Patent Owneris the
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`Examiner’s thorough examination of new patent claims (e.g., application claims 38, 54,
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`88, and 106). The Examiner presumably also thoroughly examined and approved as
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`patentable claim 42, which provides: “Apparatus for optimizing operation of a vehicle
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`according to claim 1, wherein said notification that excessive fuel is being supplied to
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`said engine of said vehicle notifies a driver that the vehicle is not being operated fuel
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`efficiently.” The Examiner would not have allowed this claim unless the Patent Owner
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`and Examiner agreed with one another with respect
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`to the function of the fuel
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`overinjection notification circuit. See, e.g., Frank’s Casing Crews & Rental Tools, Inc. v.
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`Weatherford Int'l, Inc., 389 F.3d 1370, 1377 (Fed. Cir. 2004) (“If possible, the court
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`construes claim terms ‘in a manner that renders the patent
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`internally consistent.””)
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`(quoting Budde v. Harley-Davidson, Inc., 250 F.3d 1369, 1379-80 (Fed. Cir. 2001).) To
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` 1
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`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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`the extent that Patent Owner has missed anything, Patent Owner would appreciate being
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`so advised. To the extent that nothing has been missed, Patent Owner desires that the
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`Reexamination Certificate issue as expeditiously as possible.
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`Finally, Patent Owner respectfully disagrees that application claims 86 and 87
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`were not patentable over U.S. Patent No. 5,905,457 (“Rashid”). Nevertheless, in the
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`interest of expediting prosecution under the circumstances, Patent Owner has accepted
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`the Examiner’s amendments to claims 86 and 87 (and the remaining amendments).
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`Respectfully submitted,
`
`RECHARDS PATENT LAWPC
`
`Pati O. Bllaaky
`
`Patrick D. Richards
`Registration. No. 48,905
`
`Please recognize Customer No. 88360
`as the correspondence address,
`
`Richards Patent Law P.C,
`233 S. Wacker Dr, 84Ficor
`Chicago, IL 60606
`Phone: (312) 283-8555
`Date: May 5, 2015
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`Electronic Acknowledgement Receipt
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`22262585
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`Confirmation Number:
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`Title of Invention:
`
`Method and Apparatus for Optimizing Vehicle Operation
`
`
`
`
`
`First Named Inventor/Applicant Name:
`
`5,954,781
`
`ee
`
`Filer Authorized By:
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`Attorney Docket Number:
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`17:16:52
`Time Stamp:
`
`
`
`
`Application Type: Reexam (Third Party)
`
`Paymentinformation:
`
`
`
`Pages
`Multi
`File Size(Bytes)/
`DocumentDescription
`Document
`
`
`
`Number Message Digest|Part/.zip|P (if appl.)
`.
`114208
`Patent Owner Comments after Action
`Closing Prosecution
`
`Comments.pdf
`
`<6e05e927dc75dd946a2babaM5cac/aot)
`45898
`
`Information:
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`13
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`13
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`Total Files Size (in bytes) 114208
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`This AcknowledgementReceipt evidences receipt on the noted date by the USPTOof 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
`If a new application is being filed and the application includes the necessary componentsfor 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 shownon this
`Acknowledgement Receiptwill establish thefiling date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/