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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`HYUNDAI MOTOR COMPANY
`Petitioner
`
`v.
`
`MEL NAVIP LLC
`Patent Owner.
`
`
`
`
`U.S. Patent No. 8,649,971 to Machino
`
`Case No.: IPR2024-00173
`
`
`PETITION FOR INTER PARTES REVIEW OF
`CLAIMS 1-4, 7-12, 14, 16-17, AND 19 OF U.S. PATENT
`8,649,971 UNDER 35 U.S.C. §§ 311-319 AND 37 C.F.R. §§
`42.100 ET SEQ.
`
`
`
`
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`
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`

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`Patent No. 8,649,971
`IPR2024-00173
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`Petition Requesting Inter Partes Review
`
`TABLE OF CONTENTS
`
`
`INTRODUCTION .......................................................................................... 1 
`I. 
`II.  GROUNDS FOR STANDING UNDER 37 C.F.R. §42.104 ......................... 1 
`III.  BACKGROUND ............................................................................................ 1 
`A. 
`The ‘971 Patent .................................................................................... 1 
`B. 
`The Challenged Claims Of The ‘971 Patent. ....................................... 3 
`C. 
`Priority Date ......................................................................................... 4 
`D. 
`The Prosecution History Of The ‘971 Patent. ...................................... 4 
`E. 
`A Person of Ordinary Skill in the Art (“POSITA”). ............................ 4 
`F. 
`Claim Construction .............................................................................. 5 
`IV.  SPECIFIC GROUNDS OF UNPATENTABILITY ...................................... 5 
`A.  GROUND 1: Khavakh In Combination With Lefebvre And The
`Knowledge Of A POSITA Renders Obvious Challenged Claims
`1-2, 7-12, 16-17, And 19. ..................................................................... 5 
`1. 
`Overview Of U.S. Patent No. 7,054,742 (“Khavakh”). ............. 5 
`2. 
`Overview Of U.S. Patent No. 5,243,528 (“Lefebvre”). ............. 7 
`3.  Motivation To Combine Khavakh With Lefebvre. .................... 9 
`Khavakh In Combination With Lefebvre And The
`4. 
`Knowledge Of A POSITA Renders Obvious Independent
`Challenged Claims 1 And 19. .................................................. 19 
`“A navigation device”
`(a)  Khavakh Discloses
`(“Limitation [1-PRE]”) And “A navigation method
`performed by utilizing a navigation apparatus”
`(“Limitation [19-PRE]”). ............................................... 20 
`(b)  Khavakh Discloses “a setting unit configured to set
`waypoints and a destination” (“Limitation [1a]”)
`And “setting, by utilizing a setting unit of the
`navigation apparatus, waypoints and a destination”
`(“Limitation [19a]”). ...................................................... 22 
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`route searching unit
`(c)  Khavakh Discloses “a
`configured to search for a whole route leading to the
`destination via the waypoints set by said setting
`unit” (“Limitation [1b]”) And “searching, by
`utilizing a route searching unit of the navigation
`apparatus, for a whole route leading to the
`destination via the waypoints set by said setting
`step” (“Limitation [19b]”). ............................................ 25 
`route guidance unit
`(d)  Khavakh Discloses “a
`configured to carry out route guidance according to
`the whole route which is searched for by said route
`searching unit” (“Limitation [1c]”) And “carrying
`out, by utilizing a route guidance unit of the
`navigation apparatus, route guidance according to
`the whole route which is searched for by said route
`searching step” (“Limitation [19c]”). ............................ 27 
`(e)  Khavakh In Combination With Lefebvre And The
`Knowledge Of A POSITA Teaches And Renders
`Obvious “an output unit configured to output a
`message showing that a vehicle has deviated from a
`route leading to a first next waypoint toward which
`the vehicle has been heading when said route
`guidance unit determines that the vehicle has
`deviated from the route to a predetermined distance
`or more and is traveling along a route after said first
`next waypoint”
`(“Limitation
`[1d]”) And
`“outputting, by utilizing an output unit of the
`navigation apparatus, a message showing that a
`vehicle has deviated from a route leading to a first
`next waypoint toward which the vehicle has been
`heading when, by said route guidance step, it is
`determined that the vehicle has deviated from the
`route to a predetermined distance or more and is
`traveling along a route after said first next
`waypoint” (“Limitation [19d]”). .................................... 30 
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`5. 
`
`(f)  Khavakh In Combination With Lefebvre Teaches
`And Renders Obvious “an input unit configured to
`input a command indicating whether or not to travel
`via said first next waypoint in response to the
`message outputted by said output unit” (“Limitation
`[1e]”) And “inputting, by utilizing an input unit of
`the navigation apparatus, a command indicating
`whether or not to travel via said first next waypoint
`in response to the outputted message” (“Limitation
`[19e]”). ........................................................................... 42 
`Khavakh In Combination With Lefebvre And The
`Knowledge Of A POSITA Renders Obvious Dependent
`Challenged Claims 2, 7-12, And 16-17. .................................. 48 
`(a)  Challenged Claim 2. ...................................................... 48 
`(b)  Challenged Claim 7. ...................................................... 48 
`(c)  Challenged Claim 8. ...................................................... 49 
`(d)  Challenged Claim 9. ...................................................... 50 
`(e)  Challenged Claim 10. .................................................... 52 
`(f) 
`Challenged Claim 11. .................................................... 53 
`(g)  Challenged Claim 12. .................................................... 54 
`(h)  Challenged Claim 16. .................................................... 54 
`(i) 
`Challenged Claim 17. .................................................... 55 
`B.  GROUND 2: Khavakh In Combination With Lefebvre, RDX,
`And The Knowledge Of A POSITA Renders Obvious
`Challenged Claims 3-4 And 14. ......................................................... 57 
`1. 
`Overview Of RDX. .................................................................. 57 
`2.  Motivation To Combine Khavakh And Lefebvre With
`RDX. ........................................................................................ 59 
`Challenged Claim 3. ................................................................. 63 
`3. 
`Challenged Claim 4. ................................................................. 65 
`4. 
`Challenged Claim 14. ............................................................... 67 
`5. 
`V.  DISCRETIONARY DENIAL IS UNWARRANTED ................................. 69 
`A. 
`Fintiv................................................................................................... 69 
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`Patent No. 8,649,971
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`B.  Advanced Bionics. .............................................................................. 72 
`VI.  MANDATORY NOTICES UNDER 37 C.F.R. §42.8(a)(1) ........................ 72 
`A. 
`Real Party-in-Interest Under 37 C.F.R. §42.8(b)(1). ......................... 72 
`B. 
`Related Matters Under 37 C.F.R. §42.8(b)(2). .................................. 73 
`C. 
`Lead and Back-up Counsel Under 37 C.F.R. §42.8(b)(3) and
`Service Information under 37 C.F.R. §42.8(b)(4). ............................. 73 
`VII.  CERTIFICATION OF WORD COUNT UNDER 37 C.F.R. §42.24(d) ..... 74 
`VIII.  CONCLUSION ............................................................................................. 75 
` 
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`Patent No. 8,649,971
`IPR2024-00173
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`Petition Requesting Inter Partes Review
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`TABLE OF EXHIBITS
`Description
`U.S. Patent No. 8,649,971 (“the ‘971 patent”)
`File history of U.S. Patent No. 8,649,971
`Declaration of David H. Williams
`Curriculum Vitae of David H. Williams
`U.S. Patent No. 7,054,742 to Khavakh et al. (“Khavakh”)
`U.S. Patent No. 5,243,528 to Lefebvre (“Lefebvre”)
`2008 RDX Navigation Manual (Unlinked) (“RDX”)
`Chart comparing the limitations of Challenged Claims 1 and 19 of
`the ‘971 patent
`Exhibit D to MEL NavIP LLC’s Infringement Contentions in MEL
`NavIP LLC v. Hyundai Motor Company et al., Case No. 23-cv-
`00176 (E.D. Tex.)
`Exhibit C to MEL NavIP LLC’s Infringement Contentions in MEL
`NavIP LLC v. General Motors Company et al., Case No. 23-cv-
`00175 (E.D. Tex.)
`MEL NavIP LLC’s Response-in-Opposition to Toyota’s Motion to
`Dismiss in MEL NavIP LLC v. Toyota Motor North America,
`Inc. et al., Case No. 22-cv-00152 (E.D. Tex.)
`Declaration of Dr. Sylvia Hall-Ellis
`Curriculum Vitae of Dr. Sylvia Hall-Ellis
`U.S. Patent No. 5,262,775 to Tamai et al.
`U.S. Patent No. 5,757,289 to Nimura et al.
`Pioneer AVIC-Z1 Operation Manual
`European Patent No. EP1146496B1
`European Patent No. EP1611416B1
`U.S. Patent No. 7,149,625 to Mathews et al.
`U.S. Patent App. Pub. No. 2006/0116818 to Chao et al.
`
`Exhibit
`1001
`1002
`1003
`1004
`1005
`1006
`1007
`1008
`
`1009
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`1010
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`1011
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`1012
`1013
`1014
`1015
`1016
`1017
`1018
`1019
`1020
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`Patent No. 8,649,971
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`Exhibit
`1021
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`
`
`Petition Requesting Inter Partes Review
`
`Description
`Docket Control Order in MEL NavIP LLC v. Hyundai Motor
`Company et al., Case No. 23-cv-00176 (E.D. Tex.)
`U.S. Patent No. 7,643,917 to Kolletzki
`Canadian Patent App. Pub. No. CA2511765A1
`
`
`1022
`1023
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`
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`Patent No. 8,649,971
`IPR2024-00173
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`Petition Requesting Inter Partes Review
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`CLAIMS LISTING
`[Claim 1, 1-PRE] A navigation device comprising:
`
`[1a] a setting unit configured to set waypoints and a destination;
`
`[1b] a route searching unit configured to search for a whole route leading to
`
`the destination via the waypoints set by said setting unit;
`
`[1c] a route guidance unit configured to carry out route guidance according to
`
`the whole route which is searched for by said route searching unit;
`
`[1d] an output unit configured to output a message showing that a vehicle has
`
`deviated from a route leading to a first next waypoint toward which the vehicle has
`
`been heading when said route guidance unit determines that the vehicle has deviated
`
`from the route to a predetermined distance or more and is traveling along a route
`
`after said first next waypoint; and
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`[1e] an input unit configured to input a command indicating whether or not to
`
`travel via said first next waypoint in response to the message outputted by said output
`
`unit.
`
`[Claim 2] The navigation device according to claim 1, wherein when the command
`
`is inputted from the input unit, the output unit deletes the message which said output
`
`unit outputs and the route searching unit re-searches for a new whole route.
`
`[Claim 3] The navigation device according to claim 1, wherein when the command
`
`indicating that the vehicle does not travel via the first next waypoint is inputted, the
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`output unit outputs a waypoint list in which a list of the waypoints set by the setting
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`Petition Requesting Inter Partes Review
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`unit is shown, and the route searching unit re-searches for a new whole route
`
`according to a new waypoint list which is acquired by changing the waypoint list
`
`outputted by said output unit by using said input unit.
`
`[Claim 4] The navigation device according to claim 1, wherein when the command
`
`indicating that the vehicle does not travel via the first next waypoint is inputted, the
`
`route searching unit re-searches for a new whole route leading to the destination via
`
`another waypoint when the other waypoint exists forward of the first next waypoint,
`
`or re-searches for a new whole route leading to the destination when no other
`
`waypoint exists forward of the first next waypoint.
`
`[Claim 7] The navigation device according to claim 1, wherein when the command
`
`indicating that the vehicle travels via the first next waypoint is inputted, the route
`
`searching unit re-searches for a new whole route leading to the destination via said
`
`first next waypoint.
`
`[Claim 8] The navigation device according to claim 1, wherein the output unit
`
`includes a display unit, and the input unit inputs the command according to either
`
`pushing down of a button displayed on a screen of said display unit, or voice.
`
`[Claim 9] The navigation device according to claim 1, wherein when the command
`
`is not inputted from the input unit even if a predetermined period of time has elapsed
`
`after the output unit outputs the message showing that the vehicle has deviated from
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`the route, the output unit deletes the message which said output unit outputs and the
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`Petition Requesting Inter Partes Review
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`route searching unit re-searches for a new whole route.
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`[Claim 10] The navigation device according to claim 1, wherein when the route
`
`guidance unit determines that the vehicle has deviated from the route to the
`
`predetermined distance or more in a state in which the output unit outputs the
`
`message showing that the vehicle has deviated from the route, the output unit deletes
`
`the message which said output unit outputs and the route searching unit re-searches
`
`for a new whole route.
`
`[Claim 11] The navigation device according to claim 9, wherein the route searching
`
`unit re-searches for a new whole route leading to the destination via the first next
`
`waypoint.
`
`[Claim 12] The navigation device according to claim 10, wherein the route searching
`
`unit re-searches for a new whole route leading to the destination via the first next
`
`waypoint.
`
`[Claim 14] The navigation device according to claim 10, wherein the route searching
`
`unit re-searches for a new whole route leading to the destination via another
`
`waypoint when the other waypoint exists forward of the first next waypoint, or re-
`
`searches for a new whole route leading to the destination when no other waypoint
`
`exists forward of the first next waypoint.
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`[Claim 16] The navigation device according to claim 1, wherein when the command
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`Petition Requesting Inter Partes Review
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`is not inputted from the input unit even if a predetermined period of time has elapsed
`
`after the output unit outputs the message showing that the vehicle has deviated from
`
`the route, the output unit deletes the message which said output unit outputs and the
`
`route searching unit re-searches for a new whole route leading to the destination via
`
`the first next waypoint, a new whole route leading to the destination via another
`
`waypoint when the other waypoint exists forward of said first next waypoint, or a
`
`new whole route leading to the destination when no other waypoint exists forward
`
`of said first next waypoint.
`
`[Claim 17] The navigation device according to claim 1, wherein when the command
`
`is not inputted from the input unit even if the vehicle travels a fixed distance after
`
`the output unit outputs the message showing that the vehicle has deviated from the
`
`route, the output unit deletes the message which said output unit outputs and the
`
`route searching unit re-searches for a new whole route leading to the destination via
`
`the first next waypoint, a new whole route leading to the destination via another
`
`waypoint when the other waypoint exists forward of said first next waypoint, or a
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`new whole route leading to the destination when no other waypoint exists forward
`
`of said first next waypoint.
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`[Claim 19, 19-PRE] A navigation method performed by utilizing a navigation
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`apparatus, comprising:
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`[19a] setting, by utilizing a setting unit of the navigation apparatus, waypoints
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`Petition Requesting Inter Partes Review
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`and a destination;
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`[19b] searching, by utilizing a route searching unit of the navigation
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`apparatus, for a whole route leading to the destination via the waypoints set by said
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`setting step;
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`[19c] carrying out, by utilizing a route guidance unit of the navigation
`
`apparatus, route guidance according to the whole route which is searched for by said
`
`route searching step;
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`[19d] outputting, by utilizing an output unit of the navigation apparatus, a
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`message showing that a vehicle has deviated from a route leading to a first next
`
`waypoint toward which the vehicle has been heading when, by said route guidance
`
`step, it is determined that the vehicle has deviated from the route to a predetermined
`
`distance or more and is traveling along a route after said first next waypoint; and
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`[19e] inputting, by utilizing an input unit of the navigation apparatus, a
`
`command indicating whether or not to travel via said first next waypoint in response
`
`to the outputted message.
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`
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`Patent No. 8,649,971
`IPR2024-00173
`I.
`INTRODUCTION
`Hyundai Motor Company (“Petitioner”) seeks inter partes review (“IPR”) and
`
`Petition Requesting Inter Partes Review
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`
`
`cancellation of claims 1-4, 7-12, 14, 16-17, and 19 (collectively, “the Challenged
`
`Claims”) of U.S. Patent No. 8,649,971 (“the ‘971 patent”).
`
`II. GROUNDS FOR STANDING UNDER 37 C.F.R. §42.104
`Petitioner certifies that the ‘971 patent is available for IPR and Petitioner is
`
`not barred/estopped from requesting cancellation of the Challenged Claims.
`
`Petitioner respectfully requests cancellation of the Challenged Claims on the
`
`following Grounds:
`
`Ground
`
`‘971 Patent Claims
`
`Basis for Obviousness
`
`Ground 1
`
`1-2, 7-12, 16-17, and
`19
`
`Ground 2
`
`3-4 and 14
`
`in combination with
`Khavakh
`Lefebvre and the knowledge of a
`POSITA
`
`in combination with
`Khavakh
`Lefebvre, RDX, and the knowledge
`of a POSITA
`
`III. BACKGROUND
`A. The ‘971 Patent
`The ‘971 patent “relates to a navigation device that carries out route guidance
`
`of a route including waypoints acquired through a route search.” (EX1001 at 1:5-
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`1
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`Patent No. 8,649,971
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`10.)1 In one example of the operation of the ‘971 patent’s navigation device, a
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`Petition Requesting Inter Partes Review
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`vehicle traveling along a route comprising departure point “S,” waypoints W1-W3,
`
`and destination “D” deviates from the portion of the route leading to first next
`
`waypoint W1 by a predetermined distance of “X” meters. (Id. at 5:48-63, 8:22-31.)
`
`
`
`(Id. at FIG. 2.)
`
`When the navigation device determines that the vehicle has deviated from the
`
`route by the predetermined distance and that the vehicle is on the route after the first
`
`next waypoint (i.e., waypoint W1), the navigation device outputs a “message”
`
`showing that the vehicle has deviated from the route. (Id. at 8:36-45, 8:60-67.) An
`
`example of the “message” is shown below:
`
`
`1 A waypoint is an intermediate point or stop along a calculated route. (EX1001 at
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`2:1-4, 5:50-54.)
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`(Id. at FIG. 7.)
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`In response to the output unit 18 displaying the “message,” a command
`
`indicating whether or not to travel via the first next waypoint W1 may be input into
`
`the navigation device using the input unit 17. (Id. at 9:24-37, 9:46-67.) Depending
`
`on the command, the navigation device can either: (i) re-search for a route to the
`
`destination that includes the first next waypoint W1; or (ii) re-search for a route to
`
`the destination that skips the first next waypoint W1. (Id.)
`
`The ‘971 patent asserts that the point of novelty between the prior art and the
`
`‘971 patent is that the claimed invention of the ‘971 patent allows the driver to
`
`determine how to handle a route deviation (as opposed to automatically determining
`
`how to handle a route deviation). (Id. at 1:13-62.)
`
`B.
`The Challenged Claims Of The ‘971 Patent.
`Of the Challenged Claims, only Challenged Claims 1 and 19 are independent.
`
`(EX1001 at claims 1, 19.) Challenged Claim 1 is directed to an apparatus (i.e., a
`
`“navigation device”), while Challenged Claim 19 is directed to a method performed
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`using the apparatus of Challenged Claim 1. (Id.) There are no material differences
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`Petition Requesting Inter Partes Review
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`
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`between Challenged Claims 1 and 19. (EX1008; EX1003, ¶74.)
`
`C.
`Priority Date
`The ‘971 patent claims priority to a Japanese patent application filed on April
`
`2, 2008. (EX1001 at [30].) For the purposes of this proceeding, Petitioner does not
`
`dispute the ‘971 patent’s claimed priority date.
`
`D. The Prosecution History Of The ‘971 Patent.
`On October 15, 2012, the Examiner issued a non-final office action rejecting
`
`pending claims 1-18 as obvious over Sugiura (U.S. Patent App. Pub. No.
`
`2004/0044464) in view of Hayashida (U.S. Patent No. 5,926,118). (EX1002 at 471.)
`
`In response, the Applicant argued that Sugiura and Hayashida do not teach or suggest
`
`displaying a “message” showing that a vehicle has deviated from a route. (Id. at
`
`505, 507.) The Examiner subsequently issued a Notice of Allowance. (Id. at 581.)
`
`According to the Examiner’s Reasons for Allowance, the prior art of record failed
`
`to teach or suggest a navigation device and method comprising “outputting a
`
`message showing that a vehicle has deviated from a route leading to a first next
`
`waypoint toward which the vehicle has been heading…” (Id. at 590.)
`
`E. A Person of Ordinary Skill in the Art (“POSITA”).
`A POSITA in the field of the ‘971 patent as of the ‘971 patent’s earliest
`
`effective filing date (i.e., April 2, 2008) would have had an undergraduate degree in
`
`electrical engineering, computer engineering, computer science, or an equivalent
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`degree, as well as at least three years of experience in the design and implementation
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`Petition Requesting Inter Partes Review
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`of navigation systems. (EX1003, ¶36.)
`
`F. Claim Construction
`Petitioner does not believe any terms require construction at this time, and,
`
`therefore, applies the plain and ordinary meanings of the limitations and terms of the
`
`Challenged Claims. Petitioner reserves the right to propose specific constructions if
`
`appropriate during this proceeding.
`
`IV. SPECIFIC GROUNDS OF UNPATENTABILITY
`A. GROUND 1: Khavakh In Combination With Lefebvre And The
`Knowledge Of A POSITA Renders Obvious Challenged Claims 1-
`2, 7-12, 16-17, And 19.
`1. Overview Of U.S. Patent No. 7,054,742 (“Khavakh”).
`Khavakh issued on May 30, 2006, and is thus prior art to the ‘971 patent under
`
`pre-AIA §102(b). (EX1005 at [45].) Khavakh was not cited during the prosecution
`
`of the ‘971 patent.
`
`Khavakh is directed to a navigation system 10 that is installed in a vehicle 11,
`
`such as a car or truck. (Id. at 3:36-38.) The navigation system 10 includes, among
`
`other things, a processor 12, a memory storage device 16 for storing a navigation
`
`software program 18, and a user interface 31 for allowing the user (i.e., driver) to
`
`input information into the navigation system, such as a request for a route to a desired
`
`destination. (Id. at 3:47-53, 4:8-13.) The driver may also specify one or more
`
`5
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`intermediate waypoints for the route to pass through. (Id. at 9:39-47, 10:57-60,
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`Petition Requesting Inter Partes Review
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`12:12-18.)
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`Once the destination and intermediate waypoint(s) have been specified, a
`
`route calculation tool 40 calculates an entire solution route from the origin to the
`
`destination that includes all the intermediate waypoint(s). (Id. at 6:15-18, 13:56-61,
`
`22:55-23:3, 29:41-43, 32:35-54.) A route guidance tool 91 then guides the driver to
`
`the intermediate waypoint(s) and destination according to the calculated solution
`
`route. (Id. at 5:49-58, 7:16-22, 17:37-44, claim 8.)
`
`Khavakh also teaches an “improved rerouting feature” that “may be used
`
`when the vehicle in which the navigation system is installed departs from the
`
`originally calculated solution route as the vehicle is traveling.” (Id. at 29:35-40; see
`
`also id. at 29:54-62, 30:7-14.) Khavakh’s rerouting feature “prompts the end-user
`
`to indicate whether he or she wants a new route (e.g., a re-route) to be
`
`calculated.” (Id. at 30:17-20; see also id. at claim 9.)
`
`Khavakh is analogous art to the ‘971 patent because Khavakh is in the same
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`field of endeavor as the ‘971 patent (i.e., navigation devices that carry out route
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`guidance) and is reasonably pertinent to a problem addressed by the ‘971 patent (i.e.,
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`allowing the driver to decide how to respond to an off route condition). (EX1001 at
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`1:5-10, 1:48-62; EX1005 at 1:17-18, 3:36-44, 30:17-20, claim 9; EX1003, ¶81).
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`Patent No. 8,649,971
`IPR2024-00173
`2. Overview Of U.S. Patent No. 5,243,528 (“Lefebvre”).
`Lefebvre was issued on September 7, 1993, and is thus prior art to the ‘971
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`Petition Requesting Inter Partes Review
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`patent under pre-AIA §102(b). (EX1006 at [45].) Lefebvre was not cited during the
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`prosecution of the ‘971 patent.
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`Lefebvre is directed to a land vehicle navigation apparatus 10 that includes a
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`navigation computer 11. (Id. at 2:58-61.) Lefebvre’s navigation apparatus 10
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`includes means for detecting an off route condition in accordance with
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`predetermined off route criteria. (Id. at 4:25-38, claims 6, 16, 23, 32, and 35.) “This
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`‘off route criteria’ can correspond to the estimated current vehicle position differing
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`by more than a predetermined amount of distance from the desired navigation route.”
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`(Id. at 4:25-38.) When Lefebvre’s navigation computer 11 detects an off route
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`condition, an off route display 20 is produced on the color display 16. (Id. at 4:62-
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`5:4.) The off route display 20 includes an “OFF ROUTE” text heading that identifies
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`the display as an off route display and visually indicates to the driver that he or she
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`is off route. (Id.) The off route display 20 may also include a visual indication of
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`the desired direction of travel along the calculated navigation route and a visual
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`indication of the actual vehicle travel route in a contrasting color. (Id. at 5:5-19.)
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`Lefebvre’s off route display 20 includes a recovery option table 29 that lists
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`different recovery options, each of which represents a different manner of off route
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`navigation recovery that can be selected by the driver through the input device 12.
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`Patent No. 8,649,971
`IPR2024-00173
`(Id. at 5:45-54.) For example, the driver may select an option to guide the vehicle
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`Petition Requesting Inter Partes Review
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`back to the current navigation route, or, in the case where the driver intentionally
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`deviated from the navigation route, the driver may select options to suspend or
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`cancel the route guidance. (Id. at 9:67-10:59.) An example of Lefebvre’s off route
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`display 20 is shown below:
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`(Id. at FIG. 2, 2:48-50.)
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`Lefebvre is analogous art to the ‘971 patent because Lefebvre is in the same
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`field of endeavor as the ‘971 patent (i.e., navigation devices that carry out route
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`guidance) and is reasonably pertinent to a problem addressed by the ‘971 patent (i.e.,
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`allowing the driver to decide how to respond to an off route condition). (EX1001 at
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`1:5-10, 1:48-62; EX1006 at 1:6-12, 2:26-40; EX1003, ¶87.)
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`Patent No. 8,649,971
`IPR2024-00173
`3. Motivation To Combine Khavakh With Lefebvre.
`Khavakh is directed to a navigation system 10 that is installed in a vehicle 11,
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`Petition Requesting Inter Partes Review
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`such as a car or truck. (EX1005 at 3:36-38.) The navigation system 10 includes,
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`among other things, a navigation software program 18 and a user interface 31 for
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`allowing the driver to input information into the navigation system, such as a request
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`for a route to a desired destination. (Id. at 3:47-53, 4:8-13.) The driver may also
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`specify one or more intermediate waypoints for the route to pass through. (Id. at
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`9:39-47, 10:57-60, 12:12-18.) Khavakh’s navigation program 18 includes a route
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`guidance tool 91 for guiding the driver along a calculated route to the desired
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`intermediate waypoints and destination. (Id. at claim 8, 5:25-32, 5:49-58, 7:16-22,
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`17:37-44.) Khavakh’s user interface 31 also includes a display 27 for displaying a
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`map and driving instructions to the driver. (Id. at 4:19-22, 29:64-30:7.)
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`Khavakh also teaches “an improved rerouting feature” that is activated when
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`it is determined that “the vehicle in which the navigation system is installed departs
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`from the originally calculated solution route as the vehicle is traveling.” (Id. at
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`29:35-40, 29:54-62, 30:7-14, claim 9.) When the rerouting feature is activated,
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`Khavakh’s navigation system “prompts the end-user to indicate whether he or she
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`wants a new route (e.g., a re-route) to be calculated.” (Id. at 30:17-20, claim 9.)
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`Khavakh does not expressly specify the format or content of the driver prompt, or
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`how the prompt is presented to the driver. (Id.; EX1003, ¶¶92-94.)
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`Patent No. 8,649,971
`IPR2024-00173
`In the same field of endeavor, Lefebvre discloses a land vehicle navigation
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`apparatus 10 that includes a navigation computer 11. (EX1006 at 2:58-61.)
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`Lefebvre’s navigation computer 11 computes a navigation route passing through one
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`or more intermediate waypoints and a destination specified by the driver using
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`an input device 12. (Id. at 2:65-3:1, 3:25-30, 6:27-37, 7:34-37.) “After computing
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`a desired navigation route, the navigation computer 11 will then implement both
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`audible and visual navigation guides to the vehicle operator to guide the vehicle to
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`the destination along the calculated route.” (Id. at 3:30-34.)
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`When Lefebvre’s navigation computer 11 detects an off route condition (i.e.,
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`that the vehicle has departed or deviated from the navigation route), an off route
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`display 20 is produced on display 16. (Id. at 4:62-5:4, FIG. 2.) The off route display
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`20 includes an “OFF ROUTE” text heading that identifies the display as an off route
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`display and visually indicates to the driver that he or she is off route. (Id.) The off
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`route display 20 also includes a visual indication of the desired direction of travel
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`along the calculated navigation route and a visual indication of the actual vehicle
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`travel route in a contrasting color. (Id. at 5:5-19.)
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`The off route display 20 of Lefebvre also includes a recovery option table 29
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`that lists different recovery options, each of which represents a different manner of
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`off route navigation recovery, that can be selected by the driver through the input
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`device 12. (Id. at 5:45-54.) For example, the driver may select an option to guide
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`10
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`Patent No. 8,649,971
`IPR2024-00173
`the driver back to the current navigation route, or, in the case where the driver
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`Petition Requesting Inter Partes Review
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`intentionally deviated from the navigation route, the driver may select an option to
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`suspend or cancel the route guidance. (Id. at 9:67-10:59; EX1003, ¶¶95-97.)
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`A POSITA would have been motivated to implement Khavakh’s driver
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`prompt in the form of Lefebvre’s off route display 20 output on Khavakh’s display
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`27. (EX1003, ¶¶98-106.)
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`Prior to the alleged invention of the ‘971 patent, one of the well-known
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`problems in the field of vehicle navigation systems was “how to rapidly convey to
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`the vehicle operator sufficient navigation information, and how this can be achieved
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`without causing any excessive distraction of the vehicle operator while he is driving
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`the vehicle.” (EX1006 at 1:45-50.) As Lefebvre explains, some prior art navigation
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`displays were undesirably complex and required a lengthy comprehension time for
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`the vehicle driver, potentially causing the driver to be dangerously distracted. (Id.
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`at 1:54-59.) On the other hand, some prior art navigation displays were overly
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`simple (e.g., just illustrating desired turns) and provided insufficient information to
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`the driver, especially if the driver varied from the planned navigation route. (Id. at
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`1:59-63.)
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`According to Lefebvre, while it was often necessary and/or desirable to advise
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`a driver that he or she had deviated from the navigation route, prior art systems that
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`advised the driver that he or she is off route “typically [did] not taken into account
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`Patent No. 8,649,971
`IPR2024-00173
`that sometimes the operator may require additional navigation instructions