`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`DYNACRAFT BSC, INC.,
`Petitioner,
`
`v.
`
`MATTEL, INC.,
`Patent Owner.
`
`
`Case IPR2018-00038
`Patent 7,222,684
`
`
`DECLARATION OF DR. MICHAEL D. SIDMAN
`
`
`Dynacraft BSC, Inc.
`Exhibit 1017
`Dynacraft BSC, Inc. v. Mattel, Inc.
`IPR2018-00038
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`TABLE OF CONTENTS
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`Page No.
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`TABLE OF CONTENTS ........................................................................................... i
`I.
`Scope of Work and Summary of Opinions ...................................................... 1
`
`II.
`Qualifications ................................................................................................... 1
`
` Compensation .................................................................................................. 7 III.
`
` Materials on Which My Opinion is Based ...................................................... 7
`IV.
`Level of Skill in the Art ................................................................................... 8
`V.
`
`VI.
` Background ...................................................................................................... 9
`
` Claim Construction ........................................................................................ 20 VII.
`
` Applicable Legal Standards ........................................................................... 21 VIII.
` The ’684 Patent (Ex. 1001) ............................................................................ 24
`IX.
`The Prior Art .................................................................................................. 29
`X.
`
`A. Bienz (Ex. 1003) ....................................................................................... 30
`B. Klimo (Ex. 1004) ...................................................................................... 32
`C. Ribbe (Ex. 1005) ...................................................................................... 34
` Obviousness Opinion ..................................................................................... 36
`A. Ground 1: Claims 1-3, 5, 6, 9, 22-24, and 28 are Obvious
`over the Combination of Bienz and Klimo. ............................................. 36
`1. Claim 1 ................................................................................................ 36
`2. Claim 2 ................................................................................................ 55
`3. Claim 3 ................................................................................................ 58
`4. Claim 5 ................................................................................................ 59
`5. Claim 6 ................................................................................................ 61
`6. Claim 9 ................................................................................................ 63
`7. Claim 22 .............................................................................................. 64
`8. Claim 23 .............................................................................................. 70
`9. Claim 24 .............................................................................................. 71
`10. Claim 28 .............................................................................................. 74
`
`XI.
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`TABLE OF CONTENTS
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`Page No.
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`B. Ground 2: Claims 11-13, 15, 16, 27, 32-34, 37, and 38 are
`Obvious Over the Combination of Bienz, Klimo, and Ribbe. ................. 76
`1. Claim 11 .............................................................................................. 76
`2. Claim 12 .............................................................................................. 80
`3. Claim 13 .............................................................................................. 81
`4. Claim 15 .............................................................................................. 81
`5. Claim 16 .............................................................................................. 82
`6. Claim 27 .............................................................................................. 83
`7. Claim 32 .............................................................................................. 84
`8. Claim 33 .............................................................................................. 93
`9. Claim 34 .............................................................................................. 94
`10. Claim 37 .............................................................................................. 95
`11. Claim 38 .............................................................................................. 99
` Summary of Opinions ..................................................................................100 XII.
`
`Appendix A ........................................................................................................... A-1
`Appendix B ............................................................................................................B-1
`Appendix C ............................................................................................................C-1
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`ii
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`
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`The undersigned, Michael D. Sidman, Ph.D., resident at 6120 Wilson Road
`
`Colorado Springs, Colorado, declares the following:
`
`
`I.
`
`Scope of Work and Summary of Opinions
`
`1.
`
`I am an expert in the interdisciplinary field of “mechatronics” which
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`encompasses mechanical, electronic, software, signal processing, and control
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`systems technologies.
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`2.
`
`I have been asked to provide my opinion concerning the patentability
`
`of certain claims of United States Patent No. 7,222,684 (“the ’684 patent”) (“the
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`challenged claims”) and whether they would have been anticipated or obvious to
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`one of ordinary skill in the art as of February 12, 2001. As explained below, I have
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`concluded that each of the challenged claims would have been obvious in view of
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`the combination of U.S. Patent No. 5,859,509 (“Bienz”) and U.S. Patent No.
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`4,634,941 (“Klimo”) (“Ground 1”) and the combination of Bienz, Klimo, and U.S.
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`Patent No. 5,994,853 (“Ribbe”) (“Ground 2”).
`
` Qualifications
`II.
`
`3. My current curriculum vitae is being filed contemporaneously with
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`this Declaration as Exhibit (“Ex.”) 1018.
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`4.
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`I completed my undergraduate studies at Northeastern University,
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`where I earned a Bachelor’s and a Master’s degree in Electrical Engineering
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`concurrently in 1975.
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`5.
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`I earned my Ph.D. from Stanford University in 1986 as a Digital
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`Equipment Corporation Fellow and University Resident. At Stanford, I developed
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`an adaptive digital control system for a lightly-damped mechanism in the Stanford
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`Aero/Astro Robotics Laboratory.
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`6.
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`I am a named inventor on eighteen U.S. patents relating to
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`technologies including: control of head positioning actuators, active damping of
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`mechanical resonances, servo correction for shock and vibration, runout correction,
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`solid-state relay design, digital control systems, analog and digital electronics,
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`sensing and position control, adaptive control, among other things. A complete list
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`of those patents is attached to this Declaration in Appendix A.
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`7.
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`I have more than 40 years of experience in product design and applied
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`research in mechatronics in a wide variety of commercial and other products and
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`systems. Mechatronic products and systems often include an electric motor or
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`actuator, a sensor, an embedded microcontroller, and power and signal processing
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`electronics. I have authored numerous publications relating to these fields, and a
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`list of selected publications is also attached to this Declaration in Appendix B.
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`8.
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`I am a member of professional organizations dedicated to mechatronic
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`and control systems technology. I am a Senior Member of the Institute of
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`Electrical and Electronics Engineers (IEEE) where I am a member of the Control
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`Systems Society. I am also a member of the American Society of Mechanical
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`2
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`
`
`
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`Engineers (ASME), where I was Chairman of the Pikes Peak Section and member
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`of the Dynamic Systems and Control Division (DSCD).
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`9.
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`Since 1992, I have been working as an independent engineering
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`consultant. I am currently President of Sidman Engineering, Inc. I provide
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`engineering design services to manufacturers worldwide, which span a range of
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`industries. This work has included the following: (1) optimizing and simulating
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`mechatronic systems; (2) developing comprehensive custom design and dynamic
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`system simulation tools including computer models of feedback control systems
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`and the physical systems and processes they control; (3) teaching on-site technical
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`short courses to design engineers and scientists; and (4) consulting on high-
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`performance digital control systems design and problem resolution.
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`10. Through Sidman Engineering, I provide interdisciplinary analysis and
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`resolution of complex design issues. This may include providing clients with
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`customized, comprehensive computer based design tools and simulation models of
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`a variety of dynamic systems, including electromechanical products and systems.
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`These comprehensive models integrate mechanical dynamics, digital control
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`system dynamics, electronic circuitry, sensors, actuators, and signal processing. In
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`this role, I have developed comprehensive electric motor, motion control and
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`control system simulation models, and design tools. The design tools I provide
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`generally are used by product or system design engineers to understand system
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`3
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`
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`behavior and interactions and to optimize system parameters. As discussed below,
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`I also provide on-site high level technical training courses for design engineers and
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`scientists at companies.
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`11. Some of the engineering projects I have been engaged as an
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`independent engineering consultant relate to electric motor design and motor
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`control systems in automotive and other applications, including for example
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`electromechanically actuated valves, hydraulic control systems, fluid flow
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`measurement, heat transfer, fluidic chemical process control, computer data
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`storage peripherals, digital signal processing, and digital control system design and
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`simulation. Examples of these projects include: mechanical and electrodynamic
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`modeling and simulation of a wide range of electric motors and actuators,
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`mechanical design and servo control of a dual-stage head positioning actuator for
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`disk drives, automotive stepper motor actuated EGR valve simulation, dynamic
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`modeling and design of a Eurotunnel rail cargo bomb scanning mechanism, fluidic
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`servo valve profile design for a water brake automotive engine dynamometer,
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`active damping adaptive control of a lightly damped mechanism, and simulation
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`and analysis of web tension digital control system for textile factory machinery. A
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`“servo” or “servomechanical” system is a type of control system that typically
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`controls motion produced by an electric motor or actuator in an electromechanical
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`4
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`
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`product or system. A representative list of those projects is attached to this
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`Declaration in Appendix C.
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`12. Before I became an independent engineering consultant, I spent 17
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`years at Digital Equipment Corporation (DEC) in roles spanning product
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`development, advanced development, and research. I headed DEC’s Advanced
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`Servo Development Group and Servo-Mechanical Advanced Development Group,
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`both of which I founded. These groups developed and demonstrated technology
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`involving, for example, position and velocity sensing, MEMS (micro-electro-
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`mechanical systems) sensors, electronic circuit design, and microprocessor based
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`servo control systems for hard disk drive head positioning actuators. In a prior
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`product design development role, I was the Project Engineer for DEC’s RK07 disk
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`drive product.
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`13. At DEC, I served as DEC’s representative to the Berkeley Sensor and
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`Actuator Center (BSAC), which conducts industry-relevant interdisciplinary
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`research on micro- and nano-scale sensors with moving mechanical elements,
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`fluidics and/or actuators constructed using integrated circuit technology. BSAC
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`has pioneered work in a wide variety of integrated circuit based devices and
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`sensors, including pressure sensors and accelerometers. I also sponsored applied
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`research and/or researchers at Stanford University, U.C. Berkeley, and the
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`University of Colorado at Colorado Springs.
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`5
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`14.
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`I have taught numerous courses and seminars in the fields of
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`mechatronics and digital servo systems to product and system design engineers
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`who span a range of technical disciplines. Through Sidman Engineering, I have
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`provided my on-site, customized Digital Servo System Short Courses and
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`MATLAB / SIMULINK / Toolbox Laboratory Training Courses to product
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`development and research engineers and scientists worldwide in a wide range of
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`industries and government entities since 1993. These courses optionally include
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`portions devoted to control systems or signal processing analysis and simulation. I
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`also taught a graduate level course in Optimal Control at the University of
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`Colorado in Colorado Springs.
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`15. Prior to working at DEC in 1975, and as examples of my cooperative
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`education work experience while attending Northeastern University, I performed
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`testing and calibration of precision electronic manometers and developed a novel
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`integral-cycling solid state relay for electric motors at Datametrics, Inc., and
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`evaluated a prototype electric motor AC line switching apparatus and programmed
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`magnetohydrodynamic (MHD) generator gas dynamics computer simulations at
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`MEPPSCO, Inc.
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`16.
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`I became a Third Party Provider for The MathWorks, Inc. in 1993 and
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`authored an invited feature article, entitled “Control Design Made Faster and More
`
`Effective,” for MATLAB News and Notes, Summer/Fall 1994. MATLAB is a
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`6
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`
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`mathematically oriented software platform that is now ubiquitously used in
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`
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`universities and industry.
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` Compensation
`III.
`
`17.
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`I am being compensated for my time in preparing this declaration at
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`my usual and customary rate of $480 per hour plus reasonable expenses. My
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`compensation is not contingent on the outcome of this action, and I have no
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`financial interest in this case.
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`IV.
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` Materials on Which My Opinion is Based
`
`18.
`
`In preparing this Declaration, I reviewed and relied on:
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` U.S. Patent No. 7,222,684 (Ex. 1001);
`
` Prosecution history of the ’684 patent (Ex. 1002) including
`U.S. Patent Application No. 10/076,795;
`
` U.S. Patent No. 7,950,978 (Ex. 1015) and its prosecution history (Ex.
`1016);
`
` U.S. Patent No. 5,859,509 (Ex. 1003);
`
` U.S. Patent No. 4,634,941 (Ex. 1004);
`
` U.S. Patent No. 5,994,853 (Ex. 1005);
`
` Radio Engineering, Third Edition, Terman, McGraw-Hill Book
`Company, 1947 (Ex. 1006);
`
` DC Motors, Speed Controls, Servo Systems, Third Edition, Electro-
`Craft Corporation, 1975 (Ex. 1007);
`
` Encyclopedia of Electronic Circuits, Volume 2, First Edition, Graf,
`TAB Books, 1988 (Ex. 1008);
`
`7
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`
`
`
`
` Power MOSFET Transistor Data, Third Edition, Motorola, Inc., 1988
`(Ex. 1009);
`
` Power IC’s Databook, 1993 Edition, National Semiconductor
`Corporation, 1993 (Ex. 1010);
`
` IBM Dictionary of Computing, 10th Edition, August 1993 (Ex. 1011);
`
` LinkedIn Profile of David A. Norman (Ex. 1012);
`
` LinkedIn Profile of Robert H. Mimlitch, III (Ex. 1013); and
`
` LinkedIn Profile of Richard Torrance (Ex. 1014).
` Level of Skill in the Art
`
`V.
`
`19.
`
`I understand that the patentability of an invention is determined in
`
`view of the knowledge of a person of ordinary skill in the relevant art at the time of
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`the invention, which in this case I understand to be no earlier than February 12,
`
`2001, the filing date of U.S. Provisional Patent Application No. 60/268,447 (“the
`
`’447 application”), to which the ’684 patent claims priority. The relevant art is
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`electric motor, battery-powered, ride-on or toy vehicles. Ex. 1001 at 1:15-30.
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`20.
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`I understand that the following factors may be considered in
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`determining the level of ordinary skill:
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` the educational level of the patent applicants;
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` the type of problems encountered in the art;
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` previous solutions to those problems;
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` the rapidity with which innovations are made in the art;
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` the sophistication of the relevant technology; and
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`8
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`
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` the educational level of active workers in the art.
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`21.
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`In my opinion, which is based on my experience in mechatronic
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`systems, the relevant art, and taking the above factors into account where
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`applicable, a person of ordinary skill in the relevant art as of February 12, 2001,
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`would have had at least (1) a bachelor’s degree in electrical engineering,
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`mechanical engineering, physics, or an equivalent degree and at least three years of
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`experience designing and developing mechatronic systems; or (2) equivalent
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`training, education, or work experience, such as an advanced degree in engineering
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`or a related technical field. Given my education and experience, I consider myself
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`knowledgeable as to how one of ordinary skill in the art would view the prior art as
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`of February 12, 2001.
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`VI.
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` Background
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`22. To understand my opinions, it is necessary to understand certain
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`background information about pulse width modulation (“PWM”) for DC motor
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`control.
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`23. Pulse Width Modulation for DC Motor Control. PWM is a
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`conventional method used in power electronics that works by rapidly switching at
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`least one power transistor on and off in such a way as to control or modulate the
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`average voltage or current delivered to an electrical load, such as an electric DC
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`(direct current) motor.
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`9
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`
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`24. A power transistor can act, for example, as a controllable on-off
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`switch that can quickly close the electrical circuit path between a power source and
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`a load. When the transistor “switch” is put into an “on” or conducting state, full
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`voltage from the power source is placed across the load. Conversely, when the
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`transistor is put into an “off” or non-conducting state, no current can pass through
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`it from the power source to the load. If the transistor “switch” is alternately
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`switched or toggled on and off at a relatively high frequency with equal time on
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`and off, when viewed over a time period of many on-off cycles, the load would
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`effectively “see” full power supply voltage on average 50% of the time. This 50%
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`“duty cycle” of transistor conduction results in a time average of 50% of the full
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`power supply voltage being applied to the load. If the power supply is, for
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`example, a 12-volt battery, the average voltage applied to the load at a 50% duty
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`cycle would be 50% of 12 volts, or 6 volts.
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`25.
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`If the load was, for example, a DC electric motor, there would be a
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`commensurate reduction in the motor’s maximum speed as a result of the motor
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`being connected to an effectively lower voltage power source. If the transistor was
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`conducting, for example, 75% of the time, the duty cycle would be 75% and the
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`load would see full power supply voltage 75% of the time for a time average of
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`75% of 12 volts (i.e., 9 volts). The duty cycle of conduction could theoretically be
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`set anywhere between 0% and 100% and itself varied over time as need be.
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`10
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`
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`26. Pulse width modulation was known in the field of radio
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`communications in the 1940’s as a “method of employing pulses to transmit
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`intelligence [i.e., a signal],” using “pulses of constant amplitude that have a [fixed]
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`repetition frequency at least several times the highest frequency contained in the
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`intelligence to be transmitted” and to “vary the width of the pulses in accordance
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`with the signal to be transmitted, giving pulse width modulation.” Ex. 1006, Radio
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`Engineering, Third Edition, Terman, McGraw-Hill Book Company, 1947, at
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`pp.776-778.
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`27. By the mid 1970’s, pulse width modulation found application in
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`power electronics for DC motor speed control. Such a “PWM system usually
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`utilizes a DC supply [e.g., a battery], and the amplifier switches the supply voltage
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`[battery voltage, v] on and off at a fixed frequency and at a variable ‘firing angle’ a
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`(see Fig. 3.3.14a [below, illustrating the PWM signal]) so that an adjustable
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`average voltage across the load (motor) is established. The amount of power
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`transferred to the load (motor)” will depend in part on the average value of the
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`PWM voltage waveform, which is governed by the DC power supply voltage “v”
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`and by the modulated duty cycle of the PWM waveform:
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`11
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`
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`Ex. 1007, DC Motors, Speed Controls, Servo Systems, Third Edition, Electro-Craft
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`Corporation, 1975, at p. 3-21. If battery voltage “v” was 12 volts, the PWM signal
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`would oscillate as a square wave between zero and 12 volts. Nevertheless, the
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`average value of the voltage delivered to the motor could be modulated, e.g.,
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`gradually varied or ramped, to any voltage between 0 to 12 volts, based on the
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`PWM signal’s duty cycle. The duty cycle of the PWM signal shown here
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`mathematically is the ratio of the time, α, that the motor experiences 12 volts to the
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`fixed time period, t, of the complete PWM cycle. As the value of α would, for
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`example, gradually increase in response to a gradual change in input to a PWM
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`amplifier, the PWM duty cycle would gradually increase, the average voltage
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`delivered to the motor’s terminals would gradually increase and the motor’s speed
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`would gradually increase. Unlike the case when a manual on/off switch may be
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`used to instantaneously apply and maintain battery voltage “v” to the motor,
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`undesirable high motor acceleration and mechanical jerk (the rate of change of
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`12
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`
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`acceleration) can be reduced using a PWM circuit that is controlled to limit the rate
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`of change of the average voltage applied to the motor.
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`28. Typically, the switching frequency of a pulse width modulated power
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`control circuit can be set from several hundred cycles per second to several tens of
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`thousands of cycles per second or more, i.e., very fast compared to the electrical
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`response time of an electric motor. Accordingly, in pulse width modulated control
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`of a DC motor, there should be relatively little variation or ripple in motor current
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`during any single on-off cycle. Because the instantaneous electromagnetic torque
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`(e.g., the source of acceleration) produced by a DC motor is determined by motor
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`current, not motor voltage, a nearby casual observer should only notice a gradual
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`and smooth transition between motor speeds – not high frequency PWM voltage
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`switching. Of course, the maximum speed of a motor is generally limited by the
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`average value of the PWM voltage applied across its terminals.
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`29. As illustrated in the figure below, the resulting motor current ripple
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`can be relatively quite small compared to the continuous zero to 100% square wave
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`oscillation of the PWM voltage applied to the motor. This happens because the
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`electrical time constant of the motor, which is determined by the motor’s resistance
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`and inductance, acts to significantly smooth out the resulting motor current
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`waveform, Iav, delivered to the motor by the PWM amplifier. “Fig. 3.3.17 shows a
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`steady-state relationship of current and voltage.” Ex. 1007 at p. 3-23. “[T]he
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`13
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`
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`supply voltage” can be “switched on and off at a [pulse] high frequency” to reduce
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`motor current ripple further than shown in this figure. Id.
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`
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`
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`Id.
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`30. Although a PWM amplifier may be used to control the speed of a DC
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`motor without any sensors or feedback, it was known in industry by the mid-1970s
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`that a PWM system may be further incorporated as part of a more sophisticated
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`feedback speed control system. “A typical block diagram of a [motor speed
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`tachometer plus motor current feedback] PWM speed control system is shown in
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`Fig. 3.3.15,” below. Ex. 1007 at p. 3-23. The motor speed feedback control
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`system illustrated below controls the PWM voltage applied to a DC motor such
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`that the motor’s actual speed matches and tracks a desired or reference speed
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`command input signal. The reference speed command signal input, Vε, is
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`compared to the actual motor speed measured by tachometer T. This speed
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`14
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`
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`difference or error, then amplified by a voltage amplifier, becomes a motor current
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`reference command signal (not shown) that is compared to actual motor current
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`measured by a current sense resistor (e.g., a current feedback control system within
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`a motor speed feedback control system) and converted to a PWM signal by a DC-
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`to-pulse-width-converter. The power amplifier accepts this PWM signal and
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`accordingly delivers a PWM voltage to a DC motor. The motor’s speed is
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`governed by the average PWM voltage at its terminals. Simply put, motor speed
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`control is achieved by controlling motor current with a PWM based current control
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`system. A motor current feedback control system within the motor speed feedback
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`control system energizes the motor via a PWM amplifier so as to produce a
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`resulting motor current that tracks or follows a desired motor current reference
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`command signal.
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`15
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`
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`Id. at 3-22. It was well known in the 1970s that “transistor-operated PWM
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`switching amplifiers [were] used in most high performance, high power speed
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`control systems and servo sytems [sic].” Id.
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`31. By the late 1980’s, discrete Metal Oxide Semiconductor Field Effect
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`Transistors (MOSFETs) were marketed to designers in manufacturer product
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`application notes by Motorola, a semiconductor manufacturer, for their
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`advantageous use in “PWM DC speed control” amplifier circuits. Ex. 1008,
`
`Encyclopedia of Electronic Circuits, Volume 2, First Edition, Graf, TAB Books,
`
`1988, at p. 376. Motorola also suggested utilizing “microprocessor or digital
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`logic” to generate “the incoming digital signal” to the PWM motor speed circuit
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`below to “control power applied to the motor.” Id.
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`Id. The circuit above illustrates a DC motor (with voltage clamping diode D3) that
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`receives a pulse width modulated power supply voltage from a pair of parallel
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`
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`16
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`
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`
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`connected TMOSTM power transistors1 Q1 and Q2, which are connected in series
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`with the motor and a power supply, e.g., a battery. One terminal of the motor is
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`directly connected to a positive power supply, while the transistors, which are
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`directly connected to the other terminal of the motor, commutate the voltage of that
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`motor terminal to ground with a PWM voltage derived (via a FET gate drive
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`circuit) from digital logic or a microprocessor. At this time, it was well known that
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`“[s]peed control [can be] accomplished by pulse width modulating the gates of two
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`. . . TMOS devices. Therefore, motor speed is proportional to the pulse width of
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`the incoming digital signal, which can be generated by a microprocessor or digital
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`logic. The incoming signal is [used to] . . . drive the two TMOS devices, which, in
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`turn, control power applied to the motor armature.” Id.
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`32. By 1988, Motorola taught in another product application note how a
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`basic, off-the-shelf, logic chip could be used to generate an adjustable speed PWM
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`drive signal in a “Power MOSFET Motor Speed Control Circuit.” Ex. 1009,
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`Power MOSFET Transistor Data, Third Edition, Motorola, Inc., 1988, at pp. 1-8-
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`22 to 1-8-23. “FETs can be used to considerable advantage for simplifying
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`permanent-magnet motor speed control. The circuit shown in Figure 8-31 provides
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`1 The MGP20N45 TMOSTM GEMFETTM power transistor was a type of Gain-
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`Enhanced MOS Field-Effect Transistor produced by Motorola for use in high
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`current motor controls.
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`17
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`
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`efficient pulse-width modulated control with a minimum number of components.
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`The key feature is direct drive of the power FET from a CMOS control IC. The
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`result is a control system with minimized parts count. The control system is based
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`upon the MC14528B dual monostable multivibrator.” Id. at p. 1-8-22.
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`Id. at p. 1-8-23. With this design solution, Motorola demonstrated how to use a
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`simple (i.e., low-cost) logic chip to perform PWM-based variable speed control of
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`
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`a DC motor.
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`33. By 1993, PWM circuitry for motor control was fully integrated in a
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`commercially available programmable motion control chip—National
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`Semiconductor’s “LM629 Precision Motion Controller” integrated circuit—which
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`featured the ability to control the speed of a DC motor using PWM with user-
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`18
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`
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`
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`programmed acceleration and deceleration. See, e.g., Ex. 1010, Power IC’s
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`Databook, 1993 Edition, National Semiconductor Corporation, 1993, at p. 4-28
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`(“The . . . LM629 [is a] dedicated motion-control processor designed for use with a
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`variety of DC and brushless DC servo motors, and other servomechanisms. . . . The
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`part[] perform[s] the intensive, real-time computational tasks required for high
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`performance digital motion control. The host control software interface is
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`facilitated by a high-level command set. . . . The components required . . . are
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`reduced to the DC motor/actuator, . . . [and] a power amplifier [in] . . . [a]n
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`LM629-based system . . . .”); see also id. (“Features [include]: 32-bit position,
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`velocity, and acceleration registers, . . . 8-bit sign-magnitude PWM output data
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`(LM629), [i]nternal trapezoidal velocity profile generator, [v]elocity . . .
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`parameters may be changed during motion, . . . [and] velocity modes of operation .
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`. . [may be selected] .”). Use of a PWM-based DC motor motion controller that
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`limits or regulates motor acceleration and deceleration consequentially produces
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`smooth, gradual transitions in motor speed. See, e.g., id. at p. 4-35 (“VELOCITY
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`PROFILE (TRAJECTORY) GENERATION - The trapezoidal velocity profile
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`generator computes the desired position of the motor versus time. . . . [T]he host
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`processor specifies acceleration [and] maximum velocity. . . . The deceleration
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`rate is equal to the acceleration rate. At any time during the move the maximum
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`velocity and/or the target position may be changed, and the motor will accelerate
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`19
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`
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`or decelerate accordingly. Figure 10 illustrates two typical trapezoidal velocity
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`profiles. . . . When operating in the velocity mode, the motor accelerates to the
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`specified velocity at the specified acceleration rate and maintains the specified
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`velocity until commanded to stop.”).
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`
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`Id.
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` Claim Construction
`VII.
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`34.
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`In forming my opinions, I applied the following claim construction at
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`the request of counsel:
`
`Term
`“binary throttle signal”
`
`
`
`Construction
`a throttle signal pertaining to a selection, choice, or
`condition that has two possible different values or
`states, i.e., throttle in neutral position /throttle not in
`neutral position, throttle signal is produced / throttle
`signal is not-produced
`
`20
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`
`
`35. For all other claim terms, I applied the plain and ordinary meaning
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`that each term would have to a person of ordinary skill in the art at the time of the
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`
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`alleged invention.
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` Applicable Legal Standards
`VIII.
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`36.
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`I am not an attorney, but in forming my opinions in this case, I used
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`the following legal standards that were provided to me by counsel.
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`37. Anticipation, 35 U.S.C. § 102. I understand that a patent claim is
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`invalid as anticipated (i.e., the claimed invention is not new or not novel) when a
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`single prior art reference (e.g., a patent, or publication) discloses within the
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`document every limitation recited in the claim arranged or combined in the same
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`way as recited in the claim. If that prior art reference teaches all the limitations
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`combined or arranged as recited in the claim in a manner that would enable one
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`skilled in the art to practice the claimed invention, that claim is not new, but is
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`“anticipated” by the prior art reference.
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`38. For a prior art reference to “teach” the limitations of a claim, a person
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`of ordinary skill in the art must recognize the limitations as disclosed in that single
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`reference and, to the extent the claim specifies a relationship between the
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`limitations, the disclosed limitations must be in the same relationship as recited in
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`the claim. Additionally, a disclosure can “teach” a limitation only if the d