Trials@uspto.gov
`571-272-7822
`
`Paper No. 31
`Entered: March 23, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AUTOLIV ASP, INC.; NIHON PLAST CO., LTD.;
`NEATON AUTO PRODUCTS MANUFACTURINGINC.;
`TAKATA CORPORATION; TK HOLDINGS, INC.;
`TOYODA GOSEI CO., LTD.; HYUNDAI MOBISCoO., LTD.;
`MOBIS ALABAMA,LLC; and MOBIS PARTS AMERICA LLC,
`Petitioner,
`
`V.
`
`AMERICAN VEHICULAR SCIENCES, LLC,
`Patent Owner.
`
`Case IPR2016-01790
`Patent 9,043,093 B2
`
`Before TREVOR M. JEFFERSON, JENNIFER MEYER CHAGNON,and
`SCOTT C. MOORE, Administrative Patent Judges.
`
`CHAGNON,Administrative Patent Judge.
`
`FINAL WRITTEN DECISION
`Inter Partes Review
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73
`
`
`571-272-7822
`
`Paper No. 31
`Entered: March 23, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AUTOLIV ASP, INC.; NIHON PLAST CO., LTD.;
`NEATON AUTO PRODUCTS MANUFACTURINGINC.;
`TAKATA CORPORATION; TK HOLDINGS, INC.;
`TOYODA GOSEI CO., LTD.; HYUNDAI MOBISCoO., LTD.;
`MOBIS ALABAMA,LLC; and MOBIS PARTS AMERICA LLC,
`Petitioner,
`
`V.
`
`AMERICAN VEHICULAR SCIENCES, LLC,
`Patent Owner.
`
`Case IPR2016-01790
`Patent 9,043,093 B2
`
`Before TREVOR M. JEFFERSON, JENNIFER MEYER CHAGNON,and
`SCOTT C. MOORE, Administrative Patent Judges.
`
`CHAGNON,Administrative Patent Judge.
`
`FINAL WRITTEN DECISION
`Inter Partes Review
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73
`
`
`
`IPR2016-01790
`Patent 9,043,093 B2
`
`I.
`
`INTRODUCTION
`
`Wehavejurisdiction to hear this inter partes review under 35 U.S.C.
`
`§ 6. This Final Written Decision is issued pursuant to 35 U.S.C. § 318(a)
`
`and 37 C.F.R. § 42.73. For the reasons discussed herein, we determinethat
`
`Petitioner has shown, by a preponderance of the evidence, that claims 1-44
`
`(“the challenged claims”) of U.S. Patent No. 9,043,093 B2 (Ex. 1001,
`
`“the ’093 patent”) are unpatentable.
`
`A. Procedural History
`
`Toyoda Gosei Co., Ltd.; Autoliv ASP, Inc.; Nihon Plast Co., Ltd.;
`
`Neaton Auto Products Manufacturing, Inc.; Takata Corporation;
`
`TK Holdings, Inc.; Hyundai Mobis Co., Ltd.; Mobis Alabama, LLC; and
`Mobis Parts America LLC (collectively, “Petitioner’)' filed a Petition for
`
`inter partes review of claims 1-44 of the ’093 patent. Paper 1 (“Pet.”).
`Petitioner provided a Declaration of Stephen W. Rouhana, Ph.D. (Ex. 1003)
`in support ofits positions. American Vehicular Sciences, LLC (“Patent
`Owner”) filed a Preliminary Responseto the Petition (Paper 14 (“Prelim.
`Resp.”)), relying on a Declaration of Michael Nranian P.E. (Ex. 2005)in
`
`support ofits positions.
`
`' Petitioner identifies Toyoda Gosei North America Corp.; Autoliv, Inc.; and
`Mobis America,Inc. as additional real parties-in-interest. Pet. 1.
`
`
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`IPR2016-01790
`Patent 9,043,093 B2
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`Pursuant to 35 U.S.C. § 314(a), on March 28, 2017, weinstituted inter
`
`partes review on the following grounds:
`
`whetherclaims 1, 6, 8, 10, 12, 17-21, 26, 27, 33, 39, 43, and 44
`are unpatentable under 35 U.S.C. § 103(a) as obvious in view of
`Leising” and Lau’;
`
`whether claims 2, 3, 11, 28-32, and 41 would have been
`obvious under 35 U.S.C. § 103(a) in view of Leising, Lau, and Davis‘;
`
`whether claims 4 and 13-15 would have been obvious under
`
`35 U.S.C. § 103(a) in view of Leising, Lau, and Daniel’;
`whetherclaims 5, 7, 34, and 35 would have been obvious under
`35 U.S.C. § 103(a) in view of Leising, Lau, and Kaji®;
`whetherclaims 9, 38, 40, 42, and 44 would have been obvious
`under 35 U.S.C. § 103(a) in view of Leising, Lau, and Steffens’;
`whether claims 22, 24, and 25 would have been obvious under
`35 U.S.C. § 103(a) in view of Leising, Lau, and Suzuki’;
`whether claim 16 would have been obvious under 35 U.S.C.
`
`§ 103(a) in view of Leising, Lau, and Paxton’;
`
`Patent No. 3,897,961, issucd Aug. 5, 1975 (Ex. 1005).
`2U.S.
`Patent No. 5,273,309, issued Dec. 28, 1993 (Ex. 1006).
`3USS.
`Patent No. 5,269,561, issued Dec. 14, 1993 (Ex. 1007).
`‘US.
`Patent No. 5,540,459, issued July 30, 1996, filed Oct. 5, 1994
`-US.
`(Ex. 1008).
`6 U.S. Patent No.
`7U.S. Patent No.
`(Ex. 1010).
`8 U.S. Patent No.
`2 U.S. Patent No.
`
`4,021,058, issued May 3, 1977 (Ex. 1011).
`4,998,751, issued Mar. 12, 1991 (Ex. 1012).
`
`5,222,761, issued June 29, 1993 (Ex. 1009).
`5,524,924, issued June 11, 1996,filed Nov. 15, 1993
`
`
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`IPR2016-01790
`Patent 9,043,093 B2
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`whether claim 23 would have been obvious under 35 U.S.C.
`
`§ 103(a) in view of Leising, Lau, Suzuki, and Marlow”;
`whether claims 1, 10, 17-21, 26, 27, 33, 36, 37, 39, and 43
`
`would have been obvious under 35 U.S.C. § 103(a) in view of
`
`Karlow!! and Lau;
`
`whetherclaims 2, 3, 11, 28-32, and 41 would have been
`
`obvious under 35 U.S.C. § 103(a) in view of Karlow, Lau, and Davis;
`whetherclaims4, 6, 8, and 12—15 would have been obvious
`
`under 35 U.S.C. § 103(a) in view of Karlow, Lau, and Daniel,
`
`whetherclaims 5, 7, 34, and 35 would have been obvious under
`
`35 U.S.C. § 103(a) in view of Karlow, Lau, and Kaji;
`
`whetherclaims 9, 38, 40, 42, and 44 would have been obvious
`
`under 35 U.S.C. § 103(a) in view of Karlow, Lau, and Steffens;
`
`whetherclaims 22, 24, and 25 would have been obvious under
`
`35 U.S.C. § 103(a) in view of Karlow, Lau, and Suzuki;
`
`whether claim 16 would have been obvious under 35 U.S.C.
`
`§ 103(a) in view of Karlow, Lau, and Paxton; and
`whether claim 23 would have been obvious under 35 U.S.C.
`§ 103(a) inview ofKarlow, Lau, Suzuki, and Marlow;
`See Paper 16 (Inst. Dec.”). Subsequentto institution, Patent Ownerfiled a
`PatentOwner Response (Paper 19, “PO Resp.”), along with a second
`Michael Nranian P.E. (Ex. 2013) to support its positions. Petitioner filed a
`
`Reply (Paper 22, “Reply”) to the Patent Owner Response.
`
`10 U.S. Patent No. 3,966,225, issued June 29, 1976 (Ex. 1013).
`11 U.S, Patent No. 5,588,672, issued Dec. 31, 1996,filed Oct. 20, 1995
`(Ex. 1014).
`
`
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`Anoral hearing was held on December6, 2017. A transcript of the
`
`hearing is included in the record. Paper 30 (“Tr.”).
`
`B. Related Proceedings
`
`The parties indicate that the ’093 patentis the subject of the following
`district court proceedings: Am. Vehicular Scis. LLC v. Hyundai MotorCo.,
`
`No. 5:16-cv-11529-JEL-APP (E.D. Mich.); Am. Vehicular Scis. LLC v.
`
`Nissan Motor Co., No. 5:16-cv-11530-JEL-APP (E.D. Mich.); Am.
`
`Vehicular Scis., LLC v. Toyota Motor Corp., No. 5:16-cv-11531-JEL-APP
`(E.D. Mich.); and Am. Vehicular Scis., LLC v. Am. Honda Motor Co.,
`No. 5:16-cv-11532-JEL-APP (E.D. Mich.). Paper 13, 1-2; Pet. 1-2.
`
`Claims 1-44 of the ’093 patent also are subject to review in
`
`IPR2016-01794. See Autoliv ASP, Inc. v. Am. Vehicular Scis.,
`
`Case IPR2016-01794 (PTAB Mar. 23, 2017) (Paper 7). Claims1, 8, 10, 12,
`17-19, 26, 27, and 36 ofthe ’093 patent previously were determinedto be
`unpatentable. See Unified Patents Inc. v. Am. VehicularScis.,
`Case IPR2016-00364 (PTAB May 19, 2017) (Paper 35) (“the 364 Final
`Written Decision,” “364 FWD”) (appeal currently pending, Fed. Cir. Case
`
`No. 17-2307).
`Patent Owneralso identifies pending application No. 14/721,136,
`whichclaimspriority to the 093 patent (Paper 13, 2); according to USPTO
`records,this application has been abandoned.
`
`C. The '093 Patent
`
`The ’093 patentis titled “Single Side Curtain Airbag for Vehicles,”
`and wasfiled as U.S. application No. 11/930,330 on October 31, 2007.
`Ex. 1001, at [21], [22], [54]. The ’093 patent claimspriority, via a chain of
`
`5
`
`
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`continuation-in-part and divisional applications, to U.S. application
`
`No. 08/571,247, filed on December 12, 1995. Jd. at [60].
`
`The ’093 patentrelates to an airbag system for a vehicle, in which
`“the airbag for the front and rear seats are combined,i.e., the airbag deploys
`along substantially the entire side of the vehicle alongside boththefront seat
`and therear seat.” Jd. at 65:29-32. According to the ’093 patent, this
`arrangement“results in significantly greater protection in side impacts when
`the windowsare broken.” Jd. at 65:32-34. Further, the airbag system of
`
`the 093 patentutilizes a single gas-providing system with only oneinflator
`to inflate the airbag. Jd. at 187:3-6. The airbag also includes a plurality of
`compartmentsin flow communication with each other. See, e.g., id. at
`169:27-33. As described in the °093 patent, the compartmentsallow the
`
`airbag to be formedofthe desired shape, while minimizingstress
`concentrations, as well as the weight of the airbag. Jd. at 81:14-19.
`
`D. Illustrative Claim
`
`Ofthe challenged claims, claims 1, 22, 26, 29, 36-39, and 41-43 are
`independent. Claims 2-21 and 33-35 depend, directly or indirectly, from
`claim 1; claims 23-25 depend from claim 22; claims 27 and 28 depend from
`claim 26; claims 30-32 depend from claim 29; claim 40 depends from
`claim 39; and claim 44 dependsfrom claim 43. Claim 1 of the ’093 patent,
`reproduced below,isillustrative of the challenged claims.
`1. An airbag system of a vehicle,
`the airbag system
`comprising:
`two seating
`least
`a single airbag extending across at
`positions of a passenger compartment of a vehicle, the single
`airbag arranged to deploy into the passenger compartment along
`
`
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`IPR2016-01790
`Patent 9,043,093 B2
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`a lateral side of the vehicle and adjacent each ofthe at least two
`seating positions;
`
`a cover interposed between the single airbag and the
`passenger compartment
`to cover the single airbag prior to
`deployment;
`a single gas-providing system that has only oneinflator
`that provides gas to inflate the single airbag and which is
`arranged apart fromthe single airbag; and
`a conduit leading from the single gas-providing system to
`provide gas to inflate the single airbag,
`the conduit being
`arranged to deliver the gas from the single gas-providing system
`into the single airbag;
`the at least two seating positions comprisingafirst seating
`position in a first seat row of seats of the vehicle and a second
`seating position in a second seat row ofseats of the vehicle
`longitudinally displaced from the first seat row of seats, along
`the lateral side of the vehicle;
`wherein the single airbag has a plurality of compartments
`for receiving the gas, and wherein the plurality of compartments
`are in flow communication with each other.
`
`Ex. 1001, 186:61-187:18.
`
`Tl. ANALYSIS
`
`A. Principles ofLaw
`
`To prevail in its challenges to the patentability of the claims,
`Petitioner must demonstrate by a preponderanceof the evidencethat the
`
`challenged claims are unpatentable. 35 U.S.C. § 316(e); 37 C.F.R.
`§ 42.1(d). “In an [inter partes review], the petitioner has the burden from
`the onset to show with particularity why the patent it challenges is
`unpatentable.” Harmonic Inc. v. Avid Tech., Inc., 815 F.3d 1356, 1363 (Fed.
`Cir, 2016) (citing 35 U.S.C. § 312(a)(3) (requiring inter partes review
`
`
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`. the evidence that supports the
`.
`petitionsto identify “with particularity .
`groundsfor the challenge to each claim”)). This burden of persuasion never
`shifts to Patent Owner. See Dynamic Drinkware, LLCv. Nat’l Graphics,
`
`Inc., 800 F.3d 1375, 1378-79 (Fed. Cir. 2015) (citing Tech. Licensing Corp.
`
`v, Videotek, Inc., 545 F.3d 1316, 1326-27 (Fed. Cir. 2008)) (discussing the
`
`burdens of persuasion and production in inter partes review).
`A claim is unpatentable for obviousnessif, to one of ordinary skill in
`the pertinentart, “the differences between the subject matter sought to be
`patented andtheprior art are such that the subject matter as a whole would
`have been obviousat the time the invention was made.” KSR Int’l Co. v.
`
`Teleflex Inc., 550 U.S. 398, 406 (2007) (quoting 35 U.S.C. § 103(a)). The
`question of obviousnessis resolved on the basis of underlying factual
`determinations including:
`(1) the scope and content oftheprior art; (2) any
`differences between the claimed subject matter andthe prior art; (3) the level
`of ordinary skill in the art; and (4) objective evidence of nonobviousness.
`See Graham v. John Deere Co., 383 U.S. 1, 17 18 (1966).
`A patent claim “is not proved obvious merely by demonstrating that
`each ofits elements was, independently, known in the priorart.” KSR,
`
`550 U.S. at 418. An obviousness determination requires finding “both ‘that
`
`a skilled artisan would have been motivated to combine the teachings of the
`
`prior art references to achieve the claimed invention, and that the skilled
`artisan would have had a reasonable expectation of success in doing so.””
`Intelligent Bio-Sys., Inc. v. Illumina Cambridge Ltd., 821 F.3d 1359, 1367—
`68 (Fed. Cir. 2016) (citation omitted); see KSR, 550 U.S. at 418 (for an
`obviousnessanalysis, “it can be importantto identify a reason that would
`have promptedapersonofordinaryskill in the relevant field to combinethe
`
`
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`elements in the way the claimed new invention does”). A motivation to
`
`combinethe teachings of two references can be “found explicitly or
`
`implicitly in market forces; design incentives; the ‘interrelated teachings of
`multiple patents’; ‘any need or problem knownin the field of endeavor atthe
`
`time of invention and addressed by the patent’; and the background
`
`knowledge, creativity, and commonsenseof the person of ordinary skill,”
`
`Plantronics, Inc. v. Aliph, Inc., 724 F.3d 1343, 1354 (Fed. Cir. 2013)
`
`(citation omitted).
`In an inter partes review,Petitioner cannotsatisfy its burden of
`
`proving obviousness by employing “mere conclusory statements,” but “must
`
`instead articulate specific reasoning, based on evidence of record”to support
`
`an obviousness determination. In re Magnum Oil Tools Int'l, Ltd., 829 F.3d
`
`1364, 1380-81 (Fed. Cir. 2016). The “factual inquiry” into the reasonsfor
`“combin[ing] references must be thorough andsearching, and the need for
`specificity pervades.” In re NuVasive, Inc., 842 F.3d 1376, 1381-82 (Fed.
`Cir. 2016) (internal quotations and citations omitted). A determination of
`
`obviousness cannot be reached wherethe record lacks “explanation as to
`
`how or whythe reterences would be combined to produce the claimed
`invention.” TriVascular, Inc. v. Samuels, 812 F.3d 1056, 1066 (Fed. Cir.
`
`2016); see NuVasive, 842 F.3d at 1382 85; Magnum Oil, 829 F.3d at 1380—
`81. Thus, to prevail Petitioner must explain how the prior art would have
`
`rendered the challenged claim unpatentable.
`At this final stage, we determine whether a preponderanceofthe
`
`evidence of the record showsthat the challenged claims would have been
`obvious in view ofthe asserted prior art. We analyze the asserted grounds of
`
`unpatentability in accurdauce wilh those principles.
`
`
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`B. Level of Ordinary Skill in the Art
`
`Petitioner asserts that a person of ordinary skill in the art “would have
`
`a degree in a related field of science including physics, mechanical or
`
`electrical engineering, or equivalent coursework,andat least two years of
`
`experience in the area of automotive safety systems with the equivalent of a
`post-graduate education, such as a master’s degree or equivalent knowledge
`
`obtained through work experience, and several years of experience in the
`
`design of vehicle occupantprotection systems.” Pet. 12; Ex. 1003 { 39.
`Patent Ownerdoesnot addressthe level of ordinary skill in its Patent Owner
`
`Response, but Mr. Nraniantestifies that such a person “would haveatleast a
`
`Bachelor’s degree in electrical, electronic, mechanical, or automotive
`engineering, andat least three years of experiencein the integration of
`airbag, safety, and vehicle occupant protection devices in automotive
`vehicles, or equivalent knowledge obtained through work experience in the
`relevant field.” Ex. 2013 9 36. We do not discern a difference between
`
`these tormulations as appliedto the issues in dispute in this proceeding and
`the parties do notidentify any issue in dispute that allegedly turns on such a
`
`ditterence.
`
`For purposesofthis Final Written Decision, and based onthe parties’
`proposed definitions and the complete record now before us, we maintain
`our previously adopted definition of one of ordinary skill in the art: a person
`having at least a Bachelor’s degree in physics, or electrical, electronic,
`mechanical, or automotive engineering, or equivalent coursework, and
`
`having several years of experience in the design of vehicle occupant
`protection systems in automotive vehicles, or equivalent knowledge obtained
`through work experiencein the relevantfield. See Inst. Dec. 9-10.
`
`10
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`The level of ordinary skill in the art in this case furtheris reflected by the
`
`prior art of record. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed.
`
`Cir. 2001); In re GPACInc., 57 F.3d 1573, 1579 (Fed. Cir. 1995); In re
`
`Oelrich, 579 F.2d 86, 91 (CCPA 1978).
`
`C. Claim Construction
`
`The °093 patent has expired. See PO Resp. 11; Ex. 1001, at [60];
`
`35 U.S.C. § 154(a)(2). Wheninterpreting claims of an expired patent, our
`
`analysis is similar to that of a district court. In re Rambus, Inc., 694 F.3d 42,
`
`46 (Fed. Cir. 2012); see also Black & Decker, Inc. v. Positec USA, Inc., RW,
`
`646 Fed. App. 1019, 1024 (Fed. Cir. 2016) (holding that in an inter partes
`
`review,“[c]laims of an expired patent are given their ordinary and
`
`customary meaning in accordance with our opinion in Phillips v. AWH
`Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc)”).'? Specifically, claim
`terms are given their ordinary and customary meaning, as would be
`
`understood by a person of ordinary skill in the art at the time of the
`
`invention, in light of the language ofthe claims, the specification, and the
`
`prosecution history of record. Phillips, 415 F.3d at 1313-17, However,
`
`there is no presumption of validity, and we do not apply a rule of
`
`construction with an aim to preserve the validity of claims,
`
`Petitioner asserts that “[a]ll claim terms should be given their plain
`
`and ordinary meaningin light of the specification.” Pet. 11. Patent Owner
`
`proposesconstructions for three claim terms: (1) “single airbag”;
`(2) “a single airbag extending acrossat least two seating positionsof a
`
`'2 The parties agree that the Phillips standard of claim construction should be
`applied to the claims in this proceeding. Pet. 11; PO Resp. 11.
`
`11
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`passenger compartmentof a vehicle .
`
`.
`
`. the at least two seating positions
`
`comprisingafirst seating position in a first seat row of seats of the vehicle
`
`and a second seating position in a secondseat row ofseats of the vehicle
`
`longitudinally displaced from the first seat row of seats”; and (3) “a plurality
`
`of compartments.” PO Resp. 12-14.
`
`Theparties’ dispute does not require express construction of any
`
`claim term. See, e.g., See Nidec Motor Corp. v. Zhongshan Broad Ocean
`
`Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (‘[W]e need only construe
`
`terms‘that are in controversy, and only to the extent necessary to resolve the
`
`controversy.’”’) (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc.,
`
`200 F.3d 795, 803 (Fed. Cir. 1999)). We address certain aspects of Patent
`
`Owner’s proposed constructions in our substantive discussion below.
`
`D. Obviousness in View of, At Least in Part, Leising and Lau —
`
`Petitioner asserts that claims 1, 6, 8, 10, 12, 17—21, 26, 27, 33, 39, 43,
`
`and 44 are unpatentable under 35 U.S.C. § 103(a) as obvious in view of
`
`Leising and Lau. Pet. 23-44. Petitioner further asserts that claims 2, 3, 11,
`
`28-32, and 41 are unpatentable under 35 U.S.C. § 103(a) as obvious in view
`
`of Leising, Lau, and Davis; that claims 4 and 13-15 are unpatentable under
`
`35 U.S.C, § 103(a) as obvious in view ofLeising, Lau, and Daniel; that
`
`claims 5, 7, 34, and 35 are unpatentable under 35 U.S.C. § 103(a) as obvious
`
`in view of Leising, Lau, and Kaji; that claims 9, 38, 40, 42, and 44 are
`
`unpatentable under 35 U.S.C. § 103(a) as obviousin view of Leising, Lau,
`and Steffens; that claims 22, 24, and 25 are unpatentable under 35 U.S.C.
`
`§ 103(a) as obvious in view of Leising, Lau, and Suzuki; that claim 16 is
`unpatentable under 35 U.S.C. § 103(a) as obvious in view of Leising, Lau,
`
`12
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`and Paxton; and that claim 23 is unpatentable under 35 U.S.C. § 103(a) as
`
`obvious in view of Leising, Lau, Suzuki, and Marlow. Jd. at 44—66.
`
`Patent Ownerargues that the cited combination of Leising and Lau
`
`does not disclose all elements of the independentclaims, and that Petitioner
`
`has not provided a sufficient reason to combine these references with a
`
`reasonable expectation of success. PO Resp. 25-63. Patent Owneralso
`
`presents evidence of secondary considerations. Jd. at 63-81.
`For the reasons explained below, we determine that Petitioner has
`
`demonstrated, by a preponderanceofthe evidence, that claims 1-35 and 38-
`
`44 would have been obvious.
`
`1. Summary of Leising
`
`Leising relates to an “[i]nflatable restraint apparatus for automotive
`
`vehicle occupants including an inflatable torso bag structure” and
`
`“(iJnflatable side curtains .
`
`.
`
`. deployed from the roof.” Ex. 1005, at [57].
`
`Figure 2 of Leising is reproduced below.
`
`13
`
`
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`Figure 2, reproduced above,illustrates a plan view of a vehicle including a
`
`restraint system.
`
`/d. at 2:46-50. The inflatable restraint apparatus of
`
`Leising includestorso restraining bag 43 and side curtain 41.
`
`/d. at 1:33-38,
`
`3:32-33. Gas source 33 supplies gas to the inflatable restraints. Id. at 3:24—
`
`25. Gas reservoir 35 is connected to conduit 37, which extends along the
`
`roof to housing area 39, whichis located in the roof over the front seatarea.
`
`Id. at 3:27-31. Conduit 37 is connected to side curtain 41 and torso bag 43.
`
`Id. at 3:32-33.
`
`“The side curtains and inflated torso restraining bag may be
`
`interconnected to facilitate positioning orfilling of the inflated structures.”
`
`Id. at [57]; see id. at 4:19-23. When deployed, the side curtains extend
`
`downwardly between the passenger and the door. Jd. at 4:40-41, 5:34-35.
`
`Prior to deployment, the restraint apparatus is “adapted to be conveniently
`
`and aesthetically stowedin the vehicular roofstructure.” Jd. at 5:36-39.
`
`14
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`Figure 8 of Leising is reproduced below.
`
`Figure 8, reproduced above,is an enlarged side elevation of a side curtain
`
`forming part ofthe restraint apparatus of Leising. Jd. at 2:62-63.
`A plurality of restraining webs 53 maintain side curtain 41 in a generally flat
`condition uponinflation. /d. at 3:43-46. Each web 53 includes a notch or
`
`recess 55 at upper and lower ends thereof. Jd. at 3:50-51.
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`15
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`IPR2016-01790
`Patent 9,043,093 B2
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`2. Summary of Lau
`
`Laurelates to airbag assembly 30, which includesinflator 38, front
`
`seat air bag 40 andrear seat air bag 42. Ex. 1006, 2:12—15. Figure 1 of Lau
`
`is reproduced below.
`
`
`
`Figure 1, reproduced above,is a side view of a vehicle showing front and
`rear seat air bags 40, 42 in the deployed condition. Jd. at 1:39-42. In the
`deployed positions, the “air bags extend between the seated occupants and
`the adjacent vehicle door.” Jd. at 2:32-34. Prior to deployment, “air
`bags 40 and 42 arerolled to a stored condition and respectively concealed
`behind break away doors 43 and 45 ... which conceals the air bag from
`
`view.” Jd. at 2:15-18.
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`
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`IPR2016-01790
`Patent 9,043,093 B2
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`3. Claim 1: Obviousness in view of Leising and Lau
`
`Whether the Leising/Lau Combination Teaches all Limitations of
`Claim 1; Whether a Person of OrdinarySkill in the Art Would Have
`Had Reason to Combine Leising and Lau and Would Have Had a
`Reasonable Expectation of Success in Doing So
`
`Petitioner’s Arguments and Evidence
`
`Claim 1 recites an “airbag system of a vehicle.” As discussed above,
`
`Leising and Lau each disclose such an airbag system, See Pet, 12-16.
`Claim 1 further recites that the airbag system includes“a single airbag
`
`extending acrossat least two seating positions of a passenger compartment
`
`of a vehicle, the single airbag arranged to deploy into the passenger
`
`compartmentalonga lateral side of the vehicle and adjacent each ofthe at
`least two seating positions.” Further, the claimed “at least two seating
`positions” include “a first seating position in a first seat row ofseats of the
`vehicle and a secondseating position in a second seat row ofseats ofthe
`vehicle longitudinally displaced from thefirst seat row of seats, along the
`lateral side of the vehicle.” In other words, “the airbag for the front and rear
`
`seats are combined,i.e., the airbag deploys along substantially the entire side
`
`of the vehicle alongside both the front seat andthe rear seat.” Ex. 1001,
`
`65:29-32.
`
`Petitioner relies on the combination of Leising and Lau as teaching
`
`these claim features. See Pet. 23-29, 31. Petitioner asserts that “Leising
`
`relates to an inflatable side curtain airbag deployed from the roof of a
`vehicle.” Jd. at 12 (citing Ex. 1005, at [57]). In particular, side curtain 41 of
`
`Leising is “arranged to deploy from the roof into the passenger compartment
`alongalateral side of the vehicle.” /d. at 23 (citing Ex. 1005, at [57], 3:38-
`48, 6:66-5:11, 5:36-39, Figs. 1-3). According to Petitioner, while
`
`17
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`IPR2016-01790
`Patent 9,043,093 B2
`
`“Leising’s airbag does not explicitly extend across two longitudinally
`
`displaced seating positions along a lateral side of the vehicle,” Leising does
`
`include “explicit disclosure of integrating multiple airbag portions that
`
`extend across multiple occupants to form a single airbag.” Jd. at 24, 26
`(citing Ex. 1005, 4:19-23; Ex. 1003 { 100). Leising teaches a second row of
`seats (i.e., the back seats) that are longitudinally displaced from the first row
`
`/d. at 31 (citing Ex. 1005, 3:19-21, Figs. 2, 3).
`of seats (i.e., the front seats).
`Petitioner arguesthat “it would have been obviousto extend side
`
`curtain 41 [of] Leising to protect rear seat occupants”and that “[a] side
`
`airbag curtain extending from the front seat to the rear seat was knownas
`early as 1965.” Id. at 24 (citing Ex. 1003
`87; Ex. 1017). Thus, according
`
`to Petitioner, “[e]xtending a single airbag across the passenger
`
`compartment... would have beena viable alternative design which
`[a person ofordinary skill in the art] would have found obvious totry,” and
`“such a design would have simply combinedprior art elements according to
`
`known methodsto yield predictable results.” dd. at 25 (citing Ex. 1003
`
`q 105).
`Petitioner additionally points to the regulatory environment, which by
`1995 included new side impact regulations, as evidence that “it would have
`been obvious to extend Leising’s side curtain 41 to the rear seat for back seat
`occupant safety” and thatthe “extension could be made by elongating and
`enlarging Leising’s side curtain 41, its housing, and roof storage area along
`
`the entire length of the roof.” Jd. at 26; Ex. 1003 § 100.
`
`Petitioner further relies on Lau, for its express teaching of an airbag
`
`assembly that provides side airbag protection for both front and rear
`occupants. Pet. 27 (citing Ex. 1003 § 103); see Ex. 1006, Fig. 1. According
`
`18
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`IPR2016-01790
`Patent 9,043,093 B2
`
`to Petitioner, Leising and Lau are “[iJn the samefield (i.e., airbags in
`
`vehicles)” and ‘“‘address the same problem (i.e., how to effectively provide
`
`side airbag protection during an accident).” Pet. 27; Ex. 1003 § 106.
`
`Petitioner, thus, asserts that “[i]t would have been obviousto [a person of
`
`skill in the art] to extend Leising’s side curtain 41 to protect occupants in the
`
`rear seat based on Lau.” Pet. 27; Ex. 1003 { 106.
`
`The airbag system of claim 1 further includes “a cover interposed
`
`betweenthe single airbag and the passenger compartmentto coverthe single
`
`airbag prior to deployment.” Petitioner notes that “Leising discloses side
`
`curtain 41 is stowed in the vehicular roof structure but does not expressly
`
`disclose a ‘cover.’” Pet. 29. Petitioner asserts, however, that it would have
`
`been obviousto use break away doorsas taught in Lau (see Ex. 1006, 2:14—-
`
`17, Fig. 1), to store the airbag of Leising in an aesthetic manner. Pet. 29;
`
`Ex. 1003 § 111. According to Petitioner, “the break away doors would be
`
`placed in the roof area and would provide the expected result of allowing the
`
`side curtain of Leising to deploy when needed, while keeping the side
`
`curtain concealed from view before use.” Pet. 29; Ex. 1003 7 111.
`
`Claim 1 turther recites “a single gas-providing system that has only
`
`one inflator that provides gas to inflate the single airbag and whichis
`
`arranged apart from the single airbag.” Petitioner points to Leising’s “single
`
`gas source 33, having one inflator 35 .
`
`.
`
`. for supplying gas to side
`
`curtain 41,” as teaching this claim feature. Pet. 29-30 (citing Ex. 1005,
`
`3:23-25, Figs. 2, 3); Ex. 1003 § 112. According to Petitioner, “it was known
`
`to use a single energy source for two airbags and would have been desirable
`
`to achieve low-cost, small, and efficient cars.” Pet. 25 (citing Ex. 1003
`
`q 105; Ex. 1005, 3:23-31). Thus, according to Petitioner, “[e]xtending a
`
`19
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`IPR2016-01790
`Patent 9,043,093 B2
`
`single airbag across the passenger compartmentwith a single inflator would
`
`have been a viable alternative design which[a person ofordinary skill in the
`
`art] would have found obviousto try,” and “such a design would have
`
`simply combinedprior art elements according to known methodsto yield
`
`predictable results.” Jd. (citing Ex. 1003 § 105). Petitioner further notes that
`
`Lau discloses inflator 38 to generate inflation gas for both front occupant
`
`bag 40 and rear occupant bag 42. Jd. at 30 (citing Ex. 1006, 2:28-34).
`Accordingto Petitioner, a person of ordinary skill in the art “would realize a
`
`separate airbag with its own inflator is not needed for the rear seat because
`
`Leising and Lau both disclose using a single inflator for multiple airbag
`
`portions.” Zd.; Ex. 1003 7 114.
`Regarding the claimed “conduit leading from the single gas-providing
`
`system to providegasto inflate the single airbag, the conduit being arranged
`
`to deliver the gas from the single gas-providing system into the single
`
`airbag,” Petitioner points to tube 37 of Leising that extends from single gas
`reservoir 35 to side curtain 41, and delivers gas thereto, as disclosing this
`
`claim feature. Pet. 30 (citing Ex. 1005, 3:28—33, Figs. 2, 3).
`
`Finally, claim 1 recites that“the single airbag has a plurality of
`
`compartments for receiving the gas, and whereintheplurality of
`compartmentsare in flow communication with each other.” Petitioner
`points to disclosure in Leising ofthe use of “restraining webs 53 to form a
`plurality of compartments, in a vertical direction,” as teaching this claim
`feature. Jd. at 31-32 (citing Ex. 1005, 2:62—-63, 3:1-2, 3:43-49, Figs. 8, 10,
`11); Ex. 1003 4 118. Petitioner further asserts that “restraining webs 53 do
`
`not extend the entire length of side curtain 41,” and, thus, “the compartments
`
`20
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`IPR2016-01790
`Patent 9,043,093 B2
`
`in side curtain 41 are in flow communication.” Pet. 32-33 (citing Ex. 1005,
`
`3:37-42, Figs. 8, 10, 11; Ex. 1003 4 119).
`
`Patent Owner’s Arguments and Evidence and Our Analysis
`
`In its Patent Owner Response, Patent Ownerarguesthat several
`
`limitations of the independent claims are missing from Petitioner’s proposed
`
`combination. See PO Resp. 25-28, 61-63. Specifically, Patent Owner
`
`asserts that the cited combination does not teach or suggest “a single airbag
`
`extending across ... a lateral side of the vehicle” across two passenger
`
`compartments; or “a plurality of compartments [with] flow communication.”
`
`Id. Patent Owneralso arguesthat Petitioner fails to show that it would have
`
`been obvious to modify Leising in view of Lau with any reasonable
`
`expectation of success.
`
`/d. at 28-61. We address each of Patent Owner’s
`
`arguments in turn.
`
`“single airbag extending across ... a lateral side ofthe vehicle”
`across two passenger compartments
`
`Patent Ownerarguesthat the “combination of Leising and Lau would
`
`not have taught or suggested ‘a single airbag extending acrossa lateral side
`
`of the vehicle’ across two passenger compartments, as required by each of
`
`the challenged independent claims.” PO Resp. 25. In this regard, Patent
`
`Ownerarguesthat Petitioner “admitted that ‘Leising’s airbag does not
`
`explicitly extend across two longitudinally displaced seating positions along
`
`a lateral side of the vehicle’”(id. (quoting Pet. 24)) and that “Lau teaches
`
`two separate air bags”(id. (citing Ex. 1006, 2:12-14)). Patent Owner
`
`continues, arguing that “Lau makes no mention ofa single air bag extending
`
`laterally across front and rear seating positions, let alone teach or explain
`
`how[a personofordinary skill in the art] would achieve such an air bag,”
`
`21
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`IPR2016-01790
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`
`and that “the two air bags of Lau collectively do not extend across the area
`
`between the two rowsofseats (i.e., the B-pillar).” Jd. at 26 (citing Ex. 2005
`
`q§| 44, 45, 172-173).
`
`Patent Owner’s arguments in this regard focus on the references
`
`individually, whereas Petitioner’s asserted ground is based upon the
`teachings of the combination. See In re Keller, 642 F.2d 413, 426 (CCPA
`
`1981) (holding that nonobviousness cannotbe established by attacking
`
`references individually where the ground of unpatentability is based upon
`
`the teachings of a combination of references). Contrary to Patent Owner’s
`
`arguments, Petitioner does not rely on Laufor a teaching of a single airbag
`extending across two rowsofseats. Instead, as discussed above,Petitioner’s
`proposed combinationrelies on disclosure in Lau ofairbag protection of
`both front and back seat passengers (rather than on Lau’s use of two airbags
`to do so), as evidencethat oneofs
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