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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Caterpillar, Inc.
`
`Petitioner
`
`v.
`
`Wirtgen America, Inc.
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`Patent Owner
`
`
`Patent No. 8,308,395
`Issue Date: November 13, 2012
`
`Title: Road Construction Machine, Leveling Device, as Well as Method for
`Controlling the Milling Depth or Milling Slope in a Road Construction Machine
`
`
`Case No. IPR2018-01091
`
`
`DECLARATION OF DAVID M. BEVLY, Ph.D.
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`Page 1 of 171
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`CATERPILLAR EXHIBIT 1002
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`TABLE OF CONTENTS
`INTRODUCTION ......................................................................................... 1
`I.
`SUMMARY OF OPINIONS......................................................................... 1
`II.
`III. BACKGROUND AND QUALIFICATIONS .............................................. 2
`A.
`Background ........................................................................................... 2
`B.
`Compensation ........................................................................................ 6
`IV. MATERIALS CONSIDERED ..................................................................... 7
`V.
`LEGAL STANDARDS .................................................................................. 8
`A.
`Level of Ordinary Skill ......................................................................... 8
`B.
`Claim Construction................................................................................ 9
`C. Anticipation ........................................................................................... 9
`D. Obviousness .........................................................................................10
`VI. BACKGROUND AND TECHNOLOGY OF THE ’395 PATENT ........14
`A.
`State of the Art ....................................................................................14
`B. Overview of Davis...............................................................................15
`C. Overview of Brabec ............................................................................24
`D. Overview of Krieg ...............................................................................30
`E.
`Overview of Swisher ...........................................................................40
`F.
`Overview of the ’395 Patent ................................................................43
`G.
`Prosecution History of the ’395 Patent ...............................................48
`H.
`Claims of the ’395 patent ....................................................................54
`VII. ANALYSIS ...................................................................................................54
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`i
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`b.
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`A. Ground 1: The Combination of Davis and Brabec Renders
`Claims 1, 3, 5-8, 10, 11, 13, 15-17, 19, 20, 22, 24, 26, and 27
`Obvious................................................................................................54
`1.
`Reasons for Combining Davis and Brabec ...............................54
`a.
`A POSITA Would Have Been Motivated to
`Combine Davis with Brabec...........................................56
`A POSITA Would Have Known How to Combine
`Davis and Brabec, and Would Have Had a
`Reasonable Expectation of Success in Doing So. ..........69
`Independent Claim 1 .................................................................71
`a.
`Element [1a]: “A road construction machine for
`the treatment of road surfaces, comprising:” ..................71
`Element [1b]: “a milling drum, the milling drum
`being position adjustable with regard to at least
`one position characteristic selected from the group
`consisting of milling depth of the drum and slope
`of the drum” ....................................................................72
`Element [1c] “a leveling system configured to
`control the at least one position characteristic, the
`leveling system including:” ............................................74
`Element [1d]: “a plurality of selectable sensors,
`each sensor configured to sense a current actual
`value of an operating parameter corresponding to
`at least one of the milling depth of the drum and
`the slope of the drum” ....................................................75
`Element [1e]: “a plurality of indication and setting
`devices, each of the indication and setting devices
`being associable with at least one of the plurality
`of selectable sensors, each indication and setting
`device being operable to indicate the current actual
`value of and to set a set value for each operating
`parameter sensed by its associated sensor or
`sensors” ...........................................................................78
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`c.
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`d.
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`e.
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`2.
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`b.
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`f.
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`g.
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`Element [1f]: “a controller and switchover system
`configured to control the at least one position
`characteristic conditioned on set value or values
`and sensed current actual value or values of the
`operating parameter or parameters sensed by a
`selected subset of the plurality of selectable
`sensors by returning at least one adjustment value
`to adjust the at least one position characteristic so
`that the sensed current actual value or values of the
`operating parameter or parameters approach the set
`value or values for the selected subset of the
`plurality of selectable sensors” .......................................81
`Element [1g]: “the controller and switchover
`system being configured to switch over from
`control based upon a first selected subset of the
`plurality of selectable sensors to control based
`upon a second selected subset during milling
`operation without interruption of the milling
`operation and without any erratic alteration of the
`at least one adjustment value, the second selected
`subset exchanging at least one replacement sensor
`not in the first subset for at least one replaced
`sensor that was in the first subset.” ................................83
`Claim 3: “The road construction machine of claim 1,
`wherein the controller and switchover system is operable
`to set a set value for an operating parameter for the
`replacement sensor to the current actual value for the
`operating parameter of the replacement sensor.”......................93
`Claim 5: “The road construction machine of claim 1,
`wherein: the controller and switchover system includes a
`manually operable switchover device; and the manually
`operable switchover device and the one of the indication
`and setting devices associated with the replacement
`sensor are operable so that a human operator may
`manually pre-select the replacement sensor and manually
`pre-set the operating parameter of the replacement sensor
`prior to effecting the switchover.” ............................................95
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`3.
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`4.
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`5.
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`6.
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`7.
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`8.
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`9.
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`c.
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`b.
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`Claim 6 ......................................................................................99
`a.
`Element [6a]: “The road construction machine of
`claim 1, wherein the controller and switchover
`system includes first and second control units
`operably associated with first and second sensors,
`respectively, of the plurality of selectable sensors,” ......99
`Element [6b]: “the first and second sensors being
`arranged parallel to a rotational axis of the milling
`drum” ............................................................................103
`Element [6c]: “the first and second control units
`being operable to control milling depth of the
`milling drum independently of one another on left
`and right sides, respectively, of the road
`construction machine” ..................................................104
`Claim 7: “The road construction machine of claim 1,
`wherein: the plurality of selectable sensors includes: a
`first sensor being a left side depth sensor; a second sensor
`being a right side depth sensor; and a third sensor being a
`third depth sensor; the first subset of sensors includes
`only two of the first, second and third sensors; and the
`second subset of sensors includes the other one of the
`first, second and third sensors not in the first subset, and
`the second subset of sensors includes only one of the two
`sensors of the first subset of sensors.’ .....................................106
`Claim 8: “The road construction machine of claim 1,
`wherein: the plurality of selectable sensors includes a
`first sensor and a second sensor; the first subset of
`sensors includes the first sensor but not the second
`sensor; and the second subset of sensors includes the
`second sensor but not the first sensor.” ...................................109
`Claim 10: “The road construction machine of claim 8,
`wherein: the plurality of selectable sensors further
`includes a third sensor.” ..........................................................110
`Claim 11 ..................................................................................111
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`a.
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`b.
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`c.
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`d.
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`e.
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`Element [11a] “A leveling device for a position
`adjustable milling drum of a road construction
`machine, the milling drum being position
`adjustable with regard to at least one position
`characteristic selected from the group consisting of
`milling depth of the drum and slope of the drum” .......111
`Element [11b] “the leveling device comprising: a
`plurality of selectable sensors, each sensor
`configured to sense a current actual value of an
`operating parameter corresponding to at least one
`of the milling depth of the drum and the slope of
`the drum” ......................................................................112
`Element [11c] “a plurality of indication and setting
`devices, each indication and setting device being
`operable to indicate the current actual value of and
`to set a set value for the operating parameter
`sensed by at least one sensor of the plurality of
`selectable sensors” ........................................................112
`Element [11d] “a controller and switchover system
`configured to control the at least one position
`characteristic conditioned on set value or values
`and sensed current actual value or values of the
`operating parameter or parameters sensed by a
`selected subset of the plurality of selectable
`sensors by returning at least one adjustment value
`to adjust the at least one position characteristic so
`that the sensed current actual value or values of the
`operating parameter or parameters approach the set
`value or values for the selected subset of the
`plurality of selectable sensors; and” .............................112
`Element [11e] “the controller and switchover
`system being configured to switch over from
`control based upon a first selected subset of the
`plurality of selectable sensors to control based
`upon a second selected subset during milling
`operation without interruption of the milling
`operation and without any erratic alteration of the
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`at least one adjustment value, the second selected
`subset exchanging at least one replacement sensor
`not in the first subset for at least one replaced
`sensor that was in the first subset.” ..............................113
`10. Claim 13: The leveling device of claim 11, wherein: the
`controller and switchover system is operable to set a set
`value for an operating parameter for the replacement
`sensor to the current actual value for the operating
`parameter of the replacement sensor. .....................................114
`11. Claim 15: The leveling device of claim 11, wherein: the
`controller and switchover system includes a manually
`operable switchover device; and the manually operable
`switchover device and the one of the indication and
`setting devices associated with the replacement sensor
`are operable so that a human operator may manually pre-
`select the replacement sensor and manually pre-set the
`operating parameter of the replacement sensor prior to
`effecting the switchover. .........................................................114
`12. Claim 16: “The leveling device of claim 11, wherein: the
`plurality of selectable sensors includes a first sensor; a
`second sensor; and a third sensor; the first subset of
`sensors includes only two of the first, second and third
`sensors; and the second subset of sensors includes the
`other one of the first, second and third sensors not in the
`first subset, and the second subset of sensors includes
`only one of the two sensors of the first subset of sensors.” ....115
`13. Claim 17: “The leveling device of claim 11, wherein: the
`plurality of selectable sensors includes a first sensor and
`a second sensor; the first subset of sensors includes the
`first sensor but not the second sensor; and the second
`subset of sensors includes the second sensor but not the
`first sensor.” ............................................................................116
`14. Claim 19: “The leveling device of claim 17, wherein: the
`plurality of selectable sensors further includes a third
`sensor.” ....................................................................................116
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`c.
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`d.
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`e.
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`b.
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`15. Claim 20 ..................................................................................117
`a.
`Element [20.0] “A method of controlling at least
`one position characteristic of a milling drum of a
`road construction machine, the at least one position
`characteristic being from the group consisting of
`the milling depth of the drum and the slope of the
`drum, the method comprising:” ....................................117
`Element [20a] “(a) setting a set value for an
`operational parameter of at least one sensor, the
`operational parameter corresponding to at least one
`of the milling depth of the drum and the slope of
`the drum” ......................................................................119
`Element [20b] “(b) conducting a milling
`operation” .....................................................................120
`Element [20c] “(c) during the milling operation,
`sensing a current actual value of the operational
`parameter of the at least one sensor” ............................121
`Element [20d] “(d) generating an adjustment value
`with a controller, the adjustment value correlating
`to a difference between the set value and the
`current actual value of the operational parameter of
`the at least one sensor” .................................................122
`Element [20e] “(e) controlling the at least one
`position characteristic based on the adjustment
`value; and” ....................................................................122
`Element [20f] “(f) without interrupting the milling
`operation, switching over the control of the at least
`one position characteristic from control based at
`least in part on the at least one sensor to control
`based at least in part on a replacement sensor not
`included in the at least one sensor, without altering
`the adjustment value at the time of switching
`over.”.............................................................................124
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`b.
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`16. Claim 22: “The method of claim 20, wherein: step (f)
`further comprises setting a set value for the operational
`parameter of the replacement sensor to a current
`measured actual value of the operational parameter of the
`replacement sensor.” ...............................................................126
`17. Claim 24: “The method of claim 20, wherein: in step (a)
`the at least one sensor includes two sensors; and in step
`(f) the replacement sensor replaces only one of the two
`sensors of step (a).” .................................................................127
`18. Claim 26 ..................................................................................128
`a.
`Element [26a]: “A method of controlling milling
`depth of a milling drum of a road construction
`machine during a milling operation to create a
`milled surface, the method comprising: controlling
`the milling depth based at least in part on a
`measurement made with a first sensor; and” ................128
`Element [26b]: “without interrupting the milling
`operation, switching over the control of the milling
`depth to control based at least in part on a
`measurement made with a second sensor, without
`disrupting the milled surface at the time of
`switching over.” ............................................................129
`19. Claim 27 ..................................................................................131
`a.
`Element [27a]: “A method of controlling slope of a
`milling drum of a road construction machine
`during a milling operation to create a milled
`surface, the method comprising: controlling the
`slope of the drum based at least in part on a
`measurement made with a first sensor; and” ................131
`Element [27b]: “without interrupting the milling
`operation, switching over the control of the slope
`of the drum to control based at least in part on a
`measurement made with a second sensor, without
`disrupting the milled surface at the time of
`switching over.” ............................................................132
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`b.
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`2.
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`3.
`4.
`5.
`6.
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`B. Ground 2: Davis in View of Krieg Renders Claims 1, 6, 8, 10,
`11, 16, 17, 19, 20, 24, 26, and 27 Obvious .......................................133
`1.
`Reasons for Combining Davis and Krieg ...............................133
`a.
`A POSITA Would Have Been Motivated to
`Combine Davis with Krieg ...........................................135
`A POSITA Would Have Known How to Combine
`Davis and Krieg, and Would Have Had a
`Reasonable Expectation of Success in Doing So .........141
`Independent Claim 1 ...............................................................143
`a.
`Elements [1a]-[1f] .........................................................143
`b.
`Element [1g] .................................................................143
`Claim 6 ....................................................................................152
`Claim 8 ....................................................................................152
`Claim 10 ..................................................................................152
`Claim 11 ..................................................................................153
`a.
`Elements [11a]-11[d] ....................................................153
`b.
`Element [11e] “the controller and switchover
`system being configured to switch over from
`control based upon a first selected subset of the
`plurality of selectable sensors to control based
`upon a second selected subset during milling
`operation without interruption of the milling
`operation and without any erratic alteration of the
`at least one adjustment value, the second selected
`subset exchanging at least one replacement sensor
`not in the first subset for at least one replaced
`sensor that was in the first subset.” ..............................153
`Claim 16 ..................................................................................154
`Claim 17 ..................................................................................154
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`7.
`8.
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`9.
`Claim 19 ..................................................................................154
`10. Claim 20 ..................................................................................155
`a.
`Elements [20.0]-[20e] ...................................................155
`b.
`Element [20f] ................................................................155
`11. Claim 24 ..................................................................................157
`12. Claim 26 ..................................................................................158
`a.
`Element [26a] ................................................................158
`b.
`Element [26b] ...............................................................158
`13. Claim 27 ..................................................................................159
`a.
`Element [27a] ................................................................159
`b.
`Element [27b] ...............................................................159
`VIII. DECLARATION .......................................................................................160
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`I, David M. Bevly, declare as follows:
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`I.
`
`INTRODUCTION
`
`1.
`
`I have been asked to submit this declaration on behalf of Caterpillar,
`
`Inc. (“Petitioner”) in connection with a petition for inter partes review of U.S.
`
`Patent No. 8,308,3951 (“the ’395 patent”). I have been told that the petition is
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`being submitted to the Patent Trial and Appeal Board of the United States Patent
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`and Trademark Office by the Petitioner.
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`2.
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`Specifically, I have been retained as a technical expert by the
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`Petitioner to study and provide my opinions on the technology claimed in, and the
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`patentability or unpatentability of, claims 1, 3, 5-8, 10, 11, 13, 15-17, 19, 20, 22,
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`24, 26, and 27 of the ’395 patent (“the Challenged Claims”). For purposes of this
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`declaration, I was not asked to provide any opinions that are not expressed herein.
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`II.
`
`SUMMARY OF OPINIONS
`This declaration is directed to the Challenged Claims of the ’395
`3.
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`patent, and sets forth the opinions I have formed, the conclusions I have reached,
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`and the bases for each.
`
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`1 I understand that the ’395 patent is Exhibit 1001 to the petition for Inter Partes
`
`Review of the ’395 patent.
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`4.
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`In forming my opinions, counsel for Petitioner told me to assume that
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`the effective filing date of the ’395 patent is April 27, 2006.
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`5.
`
`Based on my experience, knowledge of the art as of the effective
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`filing date of the ’395 patent, analysis of prior art references, and the understanding
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`of the claim terms in view of the specification that a person of ordinary skill in the
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`art would have as of the effective filing date, it is my opinion that the Challenged
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`Claims of the ’395 patent are unpatentable as obvious over the prior-art references
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`discussed below.
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`6.
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`In signing this declaration, I understand that the declaration will be
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`filed as evidence in a contested case before the Patent Trial and Appeal Board of
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`the United States Patent and Trademark Office. I acknowledge that I may be
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`subject to cross-examination in the case and that cross-examination will take place
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`within the United States. If cross-examination is required of me, I will appear for
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`cross-examination within the United States during the time allotted for
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`cross-examination.
`
`III. BACKGROUND AND QUALIFICATIONS
`A. Background
`I received a B.S. in Mechanical Engineering, Summa Cum Laude
`7.
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`in 1995, from Texas A&M University, College Station, Texas. I received an M.S.
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`in Mechanical Engineering in 1997, from the Massachusetts Institute of
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`2
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`Technology. My master’s thesis focused on control of a climbing robot. I received
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`my Ph.D. in Mechanical Engineering in 2001, from Stanford University. My Ph.D.
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`dissertation focus was on implement control for farm tractors using a Global
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`Positioning System. As a graduate researcher at Stanford, I worked on methods of
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`integrating inertial and GPS type sensors for the control of a farm tractor.
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`8.
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`I am currently a Professor in the Department of Mechanical
`
`Engineering at Auburn University. I joined the faculty of Auburn University as an
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`Assistant Professor in the Department of Mechanical Engineering after completing
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`my Ph.D. I became an Associate Professor in 2007 and was elevated to Professor
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`in 2010. I currently hold the McNair Endowed Professorship at Auburn University.
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`9.
`
`I have taught a number of graduate and undergraduate courses related
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`to vehicle dynamics and control at Auburn University. In particular, I teach
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`“System Dynamics and Control” (MECH 3140), “Vehicle Dynamics”
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`(MECH 4420), and “Optimal Estimation and Control” (MECH 7710). In these
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`courses I emphasize the use of computational methods to simulate and analyze
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`vehicle systems, experimental measurements for the validation of the numerical
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`models, as well as use of sensor measurements for controlling mechanical systems.
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`10. As a professor of mechanical engineering, my goal is to give students
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`a practical yet theoretical foundation that will prepare them for jobs in industry or
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`further work in academia. I believe practical examples are the best way to motivate
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`students. I, therefore, combine theory and practice by incorporating examples from
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`past work and research into my teaching curriculum. I also encourage my students
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`to work on test platforms in my GPS and Vehicle Dynamics Laboratory to collect
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`data for use in my classes.
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`11. My research work focuses on the robust control of autonomous
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`vehicles using GPS and Inertial Navigation System (INS) sensors. My research
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`consists of three main thrusts: sensor fusion/integration, on-line system
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`identification, and adaptive control techniques and their application to vehicle
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`dynamics and transportation. I secured over $15M in externally funded research
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`grants. Further, I have served as the major professor advisor for nearly 10 Ph.D.
`
`candidates and about 37 M.S. students. My work with these students has focused
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`on research areas including navigation and control systems for unmanned vehicles,
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`anti-roll control of unmanned vehicles, development and control of systems with
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`integrated inertial and GPS sensors, vehicle dynamics, collision detection systems,
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`positioning of unmanned ground vehicles using ultrasonic sensors, and dynamic
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`and adaptive control of farm tractors. I am currently serving as the professor
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`advisor to an additional 2 Ph.D. candidates and 22 M.S. students focusing on
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`vehicle dynamics and navigation systems, and GPS guidance and control of tractor
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`implements.
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`4
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`12.
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`I have received a number of awards during my tenure at Auburn
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`University. In particular, I received the Auburn Alumni Engineering Council
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`Junior Faculty Research Award in 2003 and the Auburn Alumni Engineering
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`Council Outstanding Faculty Award in 2005. I have also received several teaching
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`awards including the Auburn Alumni Engineering Council Outstanding Faculty
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`Award in 2008 and 2010, the William Walker Teaching Award in 2010, and the
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`Auburn University Graduate School Outstanding Faculty Member award in 2011. I
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`also held the Philpott-Westpoint Stevens Professorship from 2008-2010 and the
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`Albert Smith Professorship, 2010-2015.
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`13.
`
`I have authored more than 125 peer reviewed conference and journal
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`papers. I have also co-authored a book titled “GNSS For Vehicle Control,” which
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`was published in 2010. In addition, I have co-authored a number of book chapters.
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`I have also presented more than 30 invited papers or lectures on various facets of
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`vehicle dynamics and control systems.
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`14.
`
`I have also served as a consultant for the following companies: IS4S
`
`(“Navigation Algorithms”), Morgan Research Corporation (“Feedback control of a
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`MEMS gyroscope”), Rockwell Scientific (“Control of a UGV for the DARPA
`
`Grand Challenge”), SAIC (“GPS/INS Requirements for Future Combat Systems
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`(FCS)”), and Joe Gibbs Racing.
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`5
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`15.
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`In addition, I have served as a proposal reviewer for National Science
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`Foundation proposals related to sensor technologies. I have also been a reviewer of
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`journal articles for a number of journals, including Journal of Vehicle System
`
`Dynamics, ASME Journal of Dynamic Systems Measurement and Control,
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`International Journal of Field Robotics, International Journal of Vehicle
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`Autonomous Systems, International, Journal of Vehicle System Modeling and
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`Testing, Electronic Letters, Sensors, Transactions on Vehicular Technology to
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`name a few. Since 2009, I am on the editorial board of International Journal of
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`Autonomous Vehicle Systems.
`
`16.
`
`I am a co-inventor on four U.S. patents (U.S. Patent Nos. 6,434,462;
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`6,681,180; 6,732,024; and 9,403,415).
`
`B. Compensation
`I am being compensated for services provided in this matter at my
`17.
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`usual and customary rate of $400 per hour plus travel expenses. My compensation
`
`is not conditioned on the conclusions I reach as a result of my analysis or on the
`
`outcome of this matter, and in no way affects the substance of my statements in
`
`this declaration.
`
`18.
`
`I do not have any financial interest in the Petitioner, or any of its
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`subsidiaries. I also do not have any financial interest in Patent Owner, Wirtgen
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`America, Inc. Further, I do not have any financial interest in the ’395 patent and I
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`have not had any contact with the named inventors of the ’395 patent: Jaroslaw
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`Jurasz, Günter Hähn, and Günter Tewes.
`
`IV. MATERIALS CONSIDERED
`In forming my opinions, I read and considered the ’395 patent and its
`19.
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`prosecution history, and the following exhibits, as well as any other materials
`
`referenced herein.
`
`Description
`Exhibit
`Ex. 1001 U.S. Patent No. 8,308,395 to Jurasz et al. (“the ’395 patent”)
`Ex. 1004 U.S. Patent Pub. No. 2002/0047301 to Davis (“Davis”)
`Ex. 1005 U.S. Patent Pub. No. 2002/0154948 to Brabec et al. (“Brabec”)
`Ex. 1006 U.S. Patent No. 6,286,606 to Krieg et al. (“Krieg”)
`Ex. 1007 U.S. Patent No. 4,325,580 to Swisher, Jr. et al. (“Swisher”)
`Ex. 1008 File History for the ’395 patent
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`Ex. 1009 European Patent No. EP1154075A2
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`Ex. 1010 European Patent No. EP2010714B1
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`Ex. 1011 Excerpts from the prosecution history of EP2010714B1 before the
`European Patent Office with certified English language translations.
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`Ex. 1012 Moba Mechanical Grade & Slope Control System Manual,
`December 12, 2005
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`Ex. 1013 U.S. Patent No. 6,916,070
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`Ex. 1014 U.S. Patent No. 7,594,562
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`Ex. 1015 U.S. Patent No. 6,065,799
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`V. LEGAL STANDARDS
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`20.
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`I have been told the following legal principles apply to analysis of
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`patentability based on 35 U.S.C. §§ 102 and 103. I also have been told that, in an
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`inter partes review proceeding, a patent claim may be deemed unpatentable if it is
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`shown by a preponderance of the evidence that the claim was anticipated by a prior
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`art patent or publication under § 102 and/or rendered obvious by one or more prior
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`art patents or publications under § 103.
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`A. Level of Ordinary Skill
`I understand a person of ordinary skill in the art is determined by
`21.
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`looking at (A) type of problems encountered in the art; (B) prior art solutions to
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`those problems; (C) rapidity with which innovations are made; (D) sophistication
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`of the technology; and (E) educational level of active workers in the field. The
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`claims of the ’395 patent are directed to devices for selecting sensors, devices for
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`setting target values for sensors, devices for displaying the sensor target values and
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`measured values, and control systems for controlling the depth and slope of a work
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`tool of a construction machine using position (or depth) sensors and inclination (or
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`slope) sensors. And, as I explain below, although the claims do recite a milling
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`drum, the control systems and sensors disclosed in the ’395 patent are widely used
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`on a variety of construction machines including road milling machines, pavers,
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`motor graders, etc. See e.g. Ex. 1012; Ex. 1013.
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`Page 19 of 171
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`22. Therefore, based on my experience and accounting for these factors, I
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`believe a person of ordinary skill in the art would have had as of April 27, 2006
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`(what I have been told to assume is the effective filing date of the ’395 patent),
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`either: 1) a bachelor’s degree in mechanical engineering or an equivalent degree
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`and two to five years of experience with machine control systems using sensors, or
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`2) seven to ten years of experience with machine control systems using sensors.
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`23.
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`In the following, I also refer to a person of ordinary skill in the art
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`using the short-form acronym POSITA.
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`B. Claim Construction
`I have been told by counsel for the Petitioner that the claim terms in
`24.
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`the claims of the ’395 patent should be understood based on their broadest
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`reasonable construction in light of the patent specification for purposes of this inter
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`partes review proceeding. Unless otherwise noted, my opinions in this declaration
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`are consistent with the broadest reasonable construction of the claim terms as
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`understo