EXHIBIT P
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`EXHIBIT P
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`1
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`PAICE 2005
`BMW v. Paice
`|PR2020-01299
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`1
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`PAICE 2005
`BMW v. Paice
`IPR2020-01299
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`

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`EXHIBIT P
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
`
`To the extent Severinsky ‘970 does not disclose any particular limitation below, or aspects thereof, expressly or inherently, such
`limitation(s) would have been known to a person of skill in the art and/or it would have been obvious to combine Severinsky ‘970
`with one or more of the prior art references identified and cited herein, including Adler, Drozdz, Farrall, Frank, Friedmann, Graf,
`Hosaka ‘083, Hosaka ‘697, Moroto, Nii, Onari, Probst, and Quigley.
`
`U.S. Patent No. 8,630,761
`
`Severinsky ‘9701 + One or More of Secondary References2
`
`1[pre]. A method of operation of a
`hybrid vehicle, comprising steps of:
`
`Severinsky ‘970 discloses a “Hybrid Electric Vehicle” and a “An improved hybrid
`electric vehicle includes an internal combustion engine and an electric motor.”
`Severinsky ‘970 at Abstract. See also 1:6-14; 5:25-37; 7:45-46; 9:37-57.
`Figure 3 illustrates the “schematic diagram of the principal components of [the disclosed]
`… hybrid vehicle drive system.” Severinsky ‘970 at 7:45-46.
`Severinsky ‘970 at Fig. 3:
`
`1 U.S. Patent No. 5,343,970 (“Severinsky ‘970”)
`2 U.S. Patent No. 5,533,583 (“Adler”); U.S. Patent No. 5,898,282 (“Drozdz”); U.S. Patent No. 5,656,921 (“Farrall”); U.S. Patent No.
`6,116,363 (“Frank”); U.S. Patent No. 5,788,004 (“Friedmann”); U.S. Patent No. 6,188,945 (“Graf”); U.S. Patent No. 4,721,083
`(“Hosaka ‘083”); U.S. Patent No. 4,625,697 (“Hosaka ‘697”); U.S. Patent No. 5,697,466 (“Moroto”); U.S. Patent No. 5,650,931
`(“Nii”); U.S. Patent No. 5,189,621 (“Onari”); UK Patent Application No. GB 2,318,105 (“Probst”); C.P. Quigley, et al., Predicting the
`Use of a Hybrid Electric Vehicle, IFAC Workshop on Intelligent Components for Autonomous and Semi-Autonomous Vehicles 29(4)
`(1996) 129-134 (“Quigley”)
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
`
`U.S. Patent No. 8,630,761
`
`Severinsky ‘9701 + One or More of Secondary References2
`
`EXHIBIT P
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`[a] storing and supplying electrical
`power from a battery bank,
`
`Figures 4-9 refer to “schematic diagrams of the hybrid drive system according to the
`invention operating in different modes and showing flow of energy, in the form of stored
`electrical energy or fossil fuel, and of power, as torque from either the electric motor or
`the internal combustion engine.” Severinsky ‘970 at 7:47-52; see also 10:44-51.
`“Like claim 23, Severinsky [‘970] discloses the essential components of a hybrid electric
`vehicle, including an internal combustion engine, an electric motor, a an electric motor, a
`battery, and a microprocessor for controlling the vehicle’s mode of operation, i.e., an all-
`electric mode, an engine-only mode, or a hybrid mode.” IPR2014-00571, Final Written
`Decision, page 14.
`
`Severinsky ‘970 discloses a “battery 22.” Severinsky ‘970 at 9:65-68. Severinsky ‘970
`discloses that “battery 22 is charged by power generated by the motor 20 when operated
`as a generator, that is, when driven by the engine 40 by way of the controllable torque
`transfer unit 28, or in a regenerative braking mode.” Severinsky ‘970 at 9:65-10:14.
`Severinsky also discloses that the electric motor 20 will be “powered by energy stored in
`a relatively large, high voltage battery pack 22.” BMW 1013 at 10:53-58.
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
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`EXHIBIT P
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`U.S. Patent No. 8,630,761
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`[b] applying torque to road wheels of
`said hybrid vehicle from one or both of
`an internal combustion engine and at
`least one traction motor, and
`
`Severinsky ‘9701 + One or More of Secondary References2
`Further, the ’761 Patent itself acknowledges that Severinsky ’970 discloses that the
`“electric motor powered by electrical energy stored in a substantial battery bank drives
`the vehicle.” ‘761 Patent at 24:23-40.
`
`Severinsky ‘970 discloses an “engine 40” and relates to a hybrid vehicle that associates
`the “relative power outputs of the internal combustion engine and the electric motor”
`such that the engine is operated only within its most efficient operating range.”
`Severinsky ‘970 at 9:40-46. Severinsky ‘970 is able to restrict operation of the engine to
`its most efficient range by sizing the “internal combustion engine of a hybrid vehicle …
`to supply adequate power for highway cruising, preferably with some additional power in
`reverse, so that the internal combustion engine operates only in its most efficient
`operating range.” Severinsky ‘970 at 9:47-52.
`With reference to Figure 3, Severinsky ‘970 explains that “both the engine 40 and the
`motor 20 provide torque to the drive wheels 34 by way of the controllable torque transfer
`unit 28. Severinsky ‘970 at 10:24-26; Fig. 3.
`Severinsky ‘970 also discloses “the internal combustion engine is operated only under the
`most efficient conditions of output power and speed.” Severinsky ‘970 at 7:8-16.
`Severinsky ‘970 further recognizes that these conditions of “output power” and “speed”
`are met when the “internal combustion engine is run only in the near vicinity of its most
`efficient operational point, that is, such that it produces 60-90% of its maximum torque,
`whenever operated.” Severinsky ‘970 at 20:63-66, 7:8-16.
`Severinsky ‘970 discloses an “electric motor 20.” Severinsky ‘970 at 10:52-57.
`Severinsky ‘970 also discloses that the “electric motor 20” is capable of providing
`“output torque from motor 20 [] transmitted by way of torque transfer unit 28 through a
`conventional differential 32 to the vehicle drive wheels 34.” Severinsky ‘970 at 11:53-
`57, Abstract, 10:52-11:6.
`The ‘761 patent itself states that “an important aspect of the invention of the [Severinsky]
`'970 patent, substantially improved efficiency is afforded by operating the internal
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
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`EXHIBIT P
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`U.S. Patent No. 8,630,761
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`[c] controlling flow of torque between
`said internal combustion engine, said at
`least one traction motor, and said road
`wheels, and
`
`Severinsky ‘9701 + One or More of Secondary References2
`combustion engine only at relatively high torque output levels, typically at least 35% and
`preferably at least 50% of peak torque. When the vehicle operating conditions require
`torque of this approximate magnitude, the engine is used to propel the vehicle; when less
`torque is required, an electric motor powered by electrical energy stored in a substantial
`battery bank drives the vehicle; when more power is required than provided by either the
`engine or the motor, both are operated simultaneously.” ‘761 patent at 24:30-40.
`
`Severinsky ‘970 discloses that the “torque transfer unit 28 receives torque from engine 40
`and/or from alternating current electric motor 20 and transmits this torque to the drive
`wheels 34 of the vehicle by way of a conventional differential 32.” Severinsky ‘970 at
`9:61-65.
`With reference to Figure 3, Severinsky ‘970 discloses that “microprocessor 48 controls
`the flow of torque between the motor 20, the engine 40, and the wheels 34 responsive to
`the mode of operation of the vehicle. For example, when the vehicle is cruising along the
`highway, all torque is preferably supplied from the engine 40. However, when the vehicle
`starts down a hill, and the operator lifts his foot from the accelerator pedal, the kinetic
`energy of the vehicle and the engine's excess torque may be used to drive the motor 20 as
`a generator so as to charge the batteries. If the vehicle then starts to climb a hill, the
`motor 20 is used to supplement the output torque of engine 40. Similarly, the motor 20
`can be used to start the engine 40, e.g., when accelerating in traffic or the like. The
`various modes of operation of the system will be described below in connection with
`FIGS. 4-9, after which further details of the various elements of the system are provided.”
`Severinsky ‘970 at 10:28-43.
`Severinsky ‘970 discloses a “microprocessor controller 48” that controls “the bi-
`directional flow of power between the battery 22 and the motor 20.” Severinsky ‘970 at
`9:58-10:23. The “microprocessor controller 48” also controls the torque provided by the
`engine and “electric motor 20” to the road wheels using the “controllable torque-transfer
`unit 28.” Severinsky ‘970 at 12:64-13:2, 22:19-28.
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
`
`EXHIBIT P
`
`U.S. Patent No. 8,630,761
`
`Severinsky ‘9701 + One or More of Secondary References2
`Severinsky ’970 discloses that the “microprocessor 48” determines the “instantaneous
`torque required for propulsion of the vehicle” so that the engine is operated only within
`its most efficient operating range. Severinsky ’970 at 16:67-17:15. Severinsky ’970
`discloses that the “microprocessor 48” determines whether the “engine 40,” “motor 20”
`or both “the engine 40 and the motor 20” should be operated in order to provide the
`“instantaneous torque required for propulsion of the vehicle.” Severinsky ’970 at 10:25-
`43.
`Severinsky ’970 discloses that the “microprocessor 48” determines that “the
`instantaneous torque required for propulsion of the vehicle” is negative “when the vehicle
`starts down a hill, and the operator lifts his foot from the accelerator pedal.” Severinsky
`’970 at 10:32-34. During such negative torque requirements, Severinsky ’970 discloses
`that “the kinetic energy of the vehicle and the engine’s excess torque may be used to
`drive the motor 20 as a generator so as to charge the batteries.” Severinsky ’970 at
`10:32-36. Severinsky ’970 also teaches a “regenerative braking or coasting mode.”
`Severinsky ’970 at 14:37-53. In this mode the “microprocessor 48” monitors the
`operator’s inputs and the vehicle’s performance and will determine “if excess engine
`torque is available.” Severinsky ’970 at 14:15-21. Specifically, “the instantaneous
`torque required for propulsion of the vehicle” is negative during “downhill stretches” and
`“the kinetic energy of the vehicle will be fed back from the road wheels 34 … to the
`electric motor 20” and stored in the battery. Severinsky ’970 at 14:47-53.
`Severinsky ’970 further discloses that the “microprocessor 48” determines that “the
`instantaneous torque required for propulsion of the vehicle” may be positive when the
`vehicle “starts to climb a hill.” Severinsky ’970 at 10:36-37. During such positive torque
`requirements “the motor 20 is used to supplement the output torque of engine 40.”
`Severinsky ’970 at 10:37-38. Severinsky ‘970 also discloses that the “microprocessor
`48” determines that “the instantaneous torque required for propulsion of the vehicle” may
`also be positive when the vehicle is “accelerating and the like.” Severinsky ’970 at
`10:40. During this positive torque requirement the “motor 20” is again used to “supply
`additional power as needed for acceleration.” Severinsky ’970 at 9:52-57, 14:22-36.
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
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`EXHIBIT P
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`U.S. Patent No. 8,630,761
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`[d] controlling flow of electrical power
`between said battery bank and said at
`least one traction motor employing a
`controller, and
`
`Severinsky ‘9701 + One or More of Secondary References2
`Severinsky ’970 discloses that “In each of FIGS. 4-9, flow of potential energy--either
`electrical energy, or combustible fuel--is shown in dot-dash lines, while flow of
`mechanical energy, that is, torque, is shown by dashed lines.”). Severinsky ’970 at 10:44-
`51; Figs. 4-9.
`The ’761 Patent itself states that the torque-based control strategy disclosed by
`Severinsky ’970 is employed by the hybrid vehicle disclosed in the ’761 Patent. ‘761
`Patent at 24:40-43.
`The ’761 Patent also states that “[i]n the system of the [Severinsky] ‘970 patent, torque
`from either or both the engine and motor is transferred to the drive wheels of the vehicle
`by a controllable torque-transfer unit. This unit also allows torque to be transferred
`between the motor and engine, for starting the engine, and between the wheels and motor,
`for regenerative battery charging during deceleration of the vehicle.” ’761 Patent at
`23:65-25:4.
`
`Severinsky ‘970 discloses that the “torque transfer unit 28 receives torque from engine 40
`and/or from alternating current electric motor 20 and transmits this torque to the drive
`wheels 34 of the vehicle by way of a conventional differential 32. The motor 20 receives
`power from a bi-directional AC/DC power converter 44 comprising a solid-state
`switching network connected in turn to a battery 22. The battery 22 is charged by power
`generated by the motor 20 when operated as a generator, that is, when driven by the
`engine 40 by way of the controllable torque transfer unit 28, or in a regenerative braking
`mode.” Severinsky ‘970 at 9:61-10:4.
`Severinsky ‘970 discloses a “microprocessor controller 48” that controls “the bi-
`directional flow of power between the battery 22 and the motor 20.” Severinsky ‘970 at
`9:58-10:23.
`Severinsky ‘970 discloses that the “microprocessor 48” monitors the operator’s inputs
`and vehicle performance to determine if “excess engine torque is available … [that] can
`be transformed into electrical energy in motor 20 and stored by battery 22.” Severinsky
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
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`EXHIBIT P
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`U.S. Patent No. 8,630,761
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`[e] wherein said controller derives a
`predicted near-term pattern of operation
`of said hybrid vehicle by monitoring
`operation of said hybrid vehicle; and
`
`Severinsky ‘9701 + One or More of Secondary References2
`’970 at 13:65-14:21. Severinsky ’970 specifically discloses that “when the vehicle starts
`down a hill, and the operator lifts his foot from the accelerator pedal, the kinetic energy
`of the vehicle and the engine's excess torque may be used to drive the motor 20 as a
`generator so as to charge the batteries.” Severinsky ’970 at 10:32-36.
`Severinsky ’970 discloses that “In each of FIGS. 4-9, flow of potential energy--either
`electrical energy, or combustible fuel--is shown in dot-dash lines, while flow of
`mechanical energy, that is, torque, is shown by dashed lines.”). Severinsky ’970 at 10:44-
`51; Figs. 4-9.
`See also Severinsky ‘970 at 15:1-10, 18:9-22.
`The ’761 Patent also states that “[i]n the system of the [Severinsky] ‘970 patent, torque
`from either or both the engine and motor is transferred to the drive wheels of the vehicle
`by a controllable torque-transfer unit. This unit also allows torque to be transferred
`between the motor and engine, for starting the engine, and between the wheels and motor,
`for regenerative battery charging during deceleration of the vehicle.” ’761 Patent at
`23:65-25:4.
`
`Severinsky ‘970 teaches employing a “speed-responsive hysteresis in mode switching”
`when in certain circumstances “it is preferable to use the engine somewhat inefficiently
`rather than to discharge the batteries excessively, which would substantially reduce the
`battery lifetime.” Severinsky ‘970 at 18:23-42. This situation exists “[a]t moderate
`speeds, as experienced in suburban driving,” where “the speed of the vehicle on average
`is between 30-45 mph.” Id. at 18:34-36. Severinsky teaches that the vehicle “will operate
`in a highway mode with the engine running constantly after the vehicle reaches a speed
`of 30-35 mph.” Id. at 18:36-38. To employ the hysteresis mode switching, Severinsky
`further teaches that “[t]he engine will continue to run unless the engine speed is reduced
`to 20-25 mph for a period of time, typically 2-3 minutes.” Id. at 18:36-40. Severinsky’s
`method must monitor the speed pattern at which the driver is operating the vehicle over
`time to make a determination that suburban driving is occurring, in which case the
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
`
`EXHIBIT P
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`U.S. Patent No. 8,630,761
`
`Severinsky ‘9701 + One or More of Secondary References2
`setpoint is varied so that the engine is not repeatedly started and shut-off, as it would if
`left unchanged in highway mode.
`Adler:
`Adler discloses a control system for a hybrid vehicle that alters the operating point of the
`internal combustion engine in an “optimal” manner. Adler at Abstract. Adler explains
`that the control unit in the vehicle may contain a “learning function.” Adler at 4:45-48.
`“The control unit counts the occurrence of braking and accelerating processes within a
`determined time window. If the average occurrence exceeds a threshold value, a "city
`driving" mode, i.e. a quasi exclusive electromotive drive, is automatically switched on,
`wherein, depending on its charge state, the storage is only charged occasionally by
`switching on the internal combustion engine.” Id. at 5:48-55; see also Id. at 9:17-32.
`Drozdz:
`Drozdz discloses a control system that “utilizes a strategy modified in real time
`depending on the input from sensors measuring the vehicle speed, the current and voltage
`levels at different locations in the system. An onboard computer continuously calculates
`the state of charge of the energy storage device such as the battery and the motor load and
`analyzes the statistical parameters of the energy storage device and motor load history.
`An expert system algorithm is provided to detect patterns and current operating
`conditions.” Drozdz at 2:30-39.
`Drozdz describes that “vehicle speed, motor voltage and current, auxiliary power unit
`voltage and current and battery voltage and current data are sampled and stored in data
`buffers. The sampling frequency and the length of the buffers may vary depending on the
`system characteristics and vehicle's operating regime. Two types of data buffers are used:
`a short one (30-90 seconds) for control purposes and a long one (300-500 seconds) for
`driving pattern recognition.” Id. at 6:18-26.
`Farrall:
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
`
`EXHIBIT P
`
`U.S. Patent No. 8,630,761
`
`Severinsky ‘9701 + One or More of Secondary References2
`Farrall describes that its powertrain controller can be dependent on “fuzzy rules [that] are
`repeatedly modified after a period of time called the adaptation interval…which can be
`50 seconds for example.” Farrall at 4:58-60. During this adaptation interval, the
`powertrain controller “uses the pedal movement value and the engine speed to calculate”
`values to be used by the controller during a “controller sampling interval.” Farrall at
`4:66-5:4. Depending on these various values and their changes over time during the
`adaptation interval, the “fuzzy rules” are modified accordingly. Farrall at 5:4-18.
`In other words, Farrall discloses that its “driving rules are identified by the use of the
`controller 20 over an adaptation interval and, since this use will vary depending upon the
`driver of the vehicle and the route being driven, the hybrid vehicle powertrain can adapt
`to use the energy resources of the vehicle in the correct ratio for different drivers over
`different routes.” Farrall at 5:66-6:5. Farrall thus discloses that its powertrain controller
`can “adapt to the different driving characteristics between drivers” and “allows the
`vehicle performance to meet the requirements of different drivers.” Farrall at 6:34-37.
`Farrall further describes that its “adaptive hybrid powertrain controller is very useful in
`the mode where the electric motor 16 assists the internal combustion engine 14.” Farrall
`at 6:54-56. “Many vehicle users have a fixed pattern of vehicle usage which does not
`vary greatly from day to day. For such users there is a considerable advantage in being
`able to deplete their battery to a reasonably low, but safe, depth of discharge every day
`and recharge the battery overnight. The signal Fd can be provided by a potentiometer, or
`some other device that the user of a vehicle can adjust to bias the actions of the
`powertrain controller 20 more towards the electric motor 14 or the internal combustion
`engine 16 of the vehicle. Over a period of a few days the user of the vehicle can adjust
`the value of Fd so that the desired depth of battery discharge is obtained over daily
`monitoring. Where the user varies the customary usage of the vehicle, a different mode
`of powertrain operation could be selected.” Farrall at 6:56-7:3.
`Frank:
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
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`EXHIBIT P
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`U.S. Patent No. 8,630,761
`
`Severinsky ‘9701 + One or More of Secondary References2
`Frank includes a microprocessor which “receives signals from an accelerator pedal
`330…and signals from a brake pedal 340. … Based on these inputs, microprocessor 320
`then outputs control signals to a control module 350 which couples or uncouples clutch
`24 and allows ICE 14 to operate based on the state of the batteries and vehicle speed.”
`Frank at 9:59-10:2.. Frank uses this data to determine the mode in which to operate,
`either the HEV mode or a “zero emissions vehicle (ZEV) mode.” Frank at 2:26-28. “In
`the ZEV mode, the EM provides all driving power while the ICE is uncoupled and turned
`off. In the HEV mode, operation of the EM and ICE is coordinated for maximum range
`and fuel efficiency.” Frank at 2:28-32.
`Frank displays these modes by a chart where the vehicle operates in ZEV mode under the
`threshold graph curve and operates in HEV mode above the threshold graph curve.
`Frank at Fig. 4:
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
`
`U.S. Patent No. 8,630,761
`
`Severinsky ‘9701 + One or More of Secondary References2
`
`EXHIBIT P
`
`This threshold curve is Frank’s “setpoint.” Frank describes reducing this threshold curve
`(i.e., the setpoint) from element 250 to element 280 when the driver’s speed exceeds 113
`kph and remains reduced to element 280 as long as the driver continues to operate the
`vehicle at a speed between 113 and ~104 kph. Frank at 8:13-37. Frank also discloses
`that the “control policy shown in FIG. 4 can be adjusted for the kind of driving done by
`most people and/or the objectives of the regulating agencies.” Frank at 9:6-8. Three
`such other control policies are shown in Figures 7, 8, and 9. Frank at 9:16-25, Figs. 7-9.
`Frank discloses that the control parameters shown in Fig. 4 and 7-9 “could be
`programmed as a formula for fully dynamic monitoring and control or, alternatively, data
`points along the curve could be placed into a lookup table. Preferably, the control
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
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`EXHIBIT P
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`U.S. Patent No. 8,630,761
`
`Severinsky ‘9701 + One or More of Secondary References2
`parameters would be stored in a read only memory (ROM) that would be replaced to
`implement a new control policy.” Frank at 9:39-45.
`Friedmann:
`Friedmann operates by comparing total efficiency of the vehicle to a variable for the
`efficiency lower limit (elimit). E.g., Friedmann at 5:14-17, 5:40-44. Friedmann discloses
`that the value of “the efficiency lower limit elimit can be adjusted as a function of
`additional parameters[] such as in a driver-adaptive manner.” Friedmann at 6:54-57.
`This “[d]river adaptation is especially advantageous in hybrid vehicles” and works as
`follows: “various operating elements actuated by the driver are evaluated (such as the
`accelerator, throttle flap, brake, and clutch) in order to determine the type of driver.”
`Friedmann at 6:63-66. “When a type of driver is determined that especially frequently
`requires the electrical power alone or as additional power, the adaptively displacing
`values” such as elimit is “appropriately adjusted in order to maintain the required charge
`state of the electrical energy storage device.” Friedmann at 6:66-7:4, 7:15-25.
`Graf:
`Graf teaches “defining a strategy for the engine control,” which can be either an
`emissions minimizing mode or a driving performance-oriented mode. Graf at 1:45-55.
`Graf teaches that a “driving strategy selector” obtains the vehicle’s instantaneous torque
`requirements in view of the driver’s operation of the vehicle. Graf at 3:39-44; 3:58-4:3.
`Various “circuits” are used to obtain “signals from various sensors in the motor vehicle”
`to be included in the determination of the appropriate “driving strategy,” along with
`“information on dynamic events” and “traction conditions.” Graf at 3:31-44; 4:6-12;
`7:33-50.
`Graf teaches that a “circuit 2 serves to determine the driver type, that is, to make a
`classification expressing a distinction between performance-oriented and economy
`modes,” with a “signal characterizing the driving style of the driver” then being used to
`determine the appropriate driving strategy. Graf at 5:36-42. Graf’s system is capable of
`“detection…of individual driving maneuvers, such as cornering, an uphill grade, drive
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
`
`EXHIBIT P
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`U.S. Patent No. 8,630,761
`
`Severinsky ‘9701 + One or More of Secondary References2
`and brake slip, and information on longitudinal and transverse stability.” Graf at 5:50-54.
`Additionally, Graf teaches that “[t]his information can also be made available to block 7,
`so that by way of the medium-term operating strategy it is also possible in the short term
`to achieve a suitable operating mode of the drive train.” Graf at 5:54-57.
`Hosaka ‘083:
`Hosaka ‘083 describes programming the engine control system to set or update operation
`patterns of the specific engine from actual engine operation as indicated by the engine
`operation parameters sensed by the various sensors. Hosaka ‘083 at 15:24-34. It explains
`that “to derive the actual engine operation pattern of the engine, the block 3100 receives
`as inputs the throttle position indicative signal from the throttle angle sensor 31, the air
`flow rate indicative signal from the air flow member 26, and the engine speed indicative
`signal derived from the crank position signal from the crank angle sensor 230. The
`throttle angle indicative signal values, the air flow rate indicative signal values and the
`engine speed indicative signal values are each sampled at given intervals over a given
`period to derive their respective variation patterns. The derived variation patterns are
`stored in a memory block 3101 in RAM as a series of relative values or amplitude, rather
`than as physical measurement readings. Throughout the disclosure, the variation patterns
`of the throttle position indicative signal value, the air flow rate indicative signal value and
`the engine speed indicative signal values will be referred to as "actual operation pattern
`data AOPD".” Id. at 15:36-54.
`Hosaka ‘083 describes using “actual engine operation pattern data AOPD” to derive a
`projected operating pattern.” Id. at 16;13-15. It explains that “set engine operation
`pattern data SEOPD is sent to a block 3600 in addition to the pattern memory 1440. The
`block 3600 also receives the operating parameter variation data OPVD from the block
`3300. The block 3600 projects possible future engine operation pattens of the basis of the
`set engine operation pattern data and the operating parameter variation data. In practice,
`projection of future engine operating patterns is made by reading out one group of the set
`engine operation pattern data SEOPD corresponding to or most closely corresponding to
`the engine operating parameters represented by the operating parameter variation data
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
`
`EXHIBIT P
`
`U.S. Patent No. 8,630,761
`
`Severinsky ‘9701 + One or More of Secondary References2
`OPVD. The data projected by the block 3600 will be referred to hereafter as “projected
`engine operation pattern data PEOPD”. Id. at 17:1-15
`See generally Id. at Fig. 3, 15:24-18:45.
`Hosaka ‘697:
`Hosaka ‘697 discloses a control system for an internal combustion engine that “monitors
`engine operation by periodically sampling engine operating parameters and record[ing]
`variation patterns of the engine operating parameters as engine operation parameter
`data.” Hosaka ‘697 at Abstract. Hosaka ‘697 does this “whenever any of a number of
`preselected specific engine operating conditions occur, such as engine stalling,
`acceleration, or deceleration.” Hosaka ‘697 at Abstract.
`Hosaka ‘697 further describes that its invention allows for “instantaneous engine
`operating conditions [to be] detected as a function of variations in several engine
`operating parameters.” Hosaka ‘697 at 32:63-66. Hosaka ‘697 describes that, “by
`recording various engine operation patterns as model patterns and comparing these preset
`patterns with continuously monitored engine conditions, probable subsequent engine
`behavior can be anticipated.” Hosaka ‘697 at 32:68-33:5.
`Moroto:
`Moroto describes a hybrid vehicle having an internal combustion engine and an electric
`motor, and a drive power share computer to apportion needed drive power between the
`engine and electric motor. Moroto at Abstract. Moroto describes drive mode maps for
`indicating which drive mode to propel the vehicle, according to the acceleration pedal
`operation degree and vehicle traveling speed. For example, Figure 10 illustrates that, at
`low pedal operation degree, and at low traveling speed, the drive mode map indicates a
`motor drive mode, in which only the motor drives the vehicle. At increased pedal
`operation degree (i.e., great acceleration), the drive map indicates an engine/motor drive
`mode, in which the engine and motor drive the vehicle together. At increased vehicle
`speed, the drive mode map indicates an engine drive mode, in which only the engine
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`15
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`Obviousness of U.S. Patent No. 8,630,761 Claims 1-12 over Severinsky ‘970 in View of One or More Secondary References
`
`EXHIBIT P
`
`U.S. Patent No. 8,630,761
`
`Severinsky ‘9701 + One or More of Secondary References2
`drives the vehicle. Moroto at 4:13-21, 8:61-9:21. More specifically, however, Moroto
`describes changeover values for the accelerator pedal operation degree, and vehicle
`traveling speed, reflecting a “learned hysteresis.” Moroto at 8:61-9:21.
`Moroto explains that “such a hysteresis regarding a mode shift among the three modes
`divided according to the traveling speed v and the degree of accelerator pedal operation θ
`is learned and stored for latter traveling.” Moroto at 7:20-24.
`Nii:
`Nii describes a controller for use in a hybrid vehicle containing a motor and an engine.
`Nii at 4:17-24; 1:24-39; Fig. 1. The controller stores and monitors patterns of vehicles,
`such as people commuting using a standard vehicle or taking people to and from their
`offices using a commercial vehicle. See id. at 2:21-24; 5:59-64. Nii describes
`“recognizing a travel pattern when a [sic] travelling under the same condition is repeated
`a predetermined number of times or more…” Id., 3:7-9; 6:43-51.
`Moreover, the controller described in Nii will recognize the travel pattern even if the
`driver is not aware of it. Id., 2:65-67. Nii discloses storing patterns over time so that the
`stored pattern information can become more accurate. Id. at 6:9-13 (“[B]ecause the
`accumulated output of the motor 10 in the travel pattern at the time is added to the
`accumulated data and averaged, the target generator output becomes more accurate as the
`travel pattern frequency for the same pattern increases.”).
`Onari:
`Onari discloses “an electronic engine control apparatus whereby the driving
`characteristics of a vehicle are adjusted so as to match a driver’s intent of how to drive
`the vehicle.” Onari at 1:11-18, 1:60-66. Onari does this by a three-step