Trials@uspto.gov
`$71-272-7822
`
`Paper 18
`Entered: May 26, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`VALEO NORTH AMERICA,INC.; VALEO S.A;
`VALEO GmbH; VALEO SCHALTER UND SENSOREN GmbH;
`and CONNAUGHT ELECTRONICS LTD.,
`Petitioner,
`
`V.
`
`MAGNAELECTRONICS, INC.,
`Patent Owner.
`
`Case IPR2015-00250
`Patent 8,543,330 B2
`
`Before RICIIARD E. RICE, JAMIE'S A. TARTAL,and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`FINAL WRITTEN DECISION
`35 U.S.C. $ 318(a) and 37 CLELR. § 42.73
`
`
`$71-272-7822
`
`Paper 18
`Entered: May 26, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`VALEO NORTH AMERICA,INC.; VALEO S.A;
`VALEO GmbH; VALEO SCHALTER UND SENSOREN GmbH;
`and CONNAUGHT ELECTRONICS LTD.,
`Petitioner,
`
`V.
`
`MAGNAELECTRONICS, INC.,
`Patent Owner.
`
`Case IPR2015-00250
`Patent 8,543,330 B2
`
`Before RICIIARD E. RICE, JAMIE'S A. TARTAL,and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`FINAL WRITTEN DECISION
`35 U.S.C. $ 318(a) and 37 CLELR. § 42.73
`
`
`
`IPR2015-00250
`Patent 8,543,330 B2
`
`I.
`INTRODUCTION
`Petitioner Valeo North America,Inc., Valeo S.A., Valeo GmbH,
`
`Valeo Schalter und Sensoren GmbH, and Connaught Electronics Ltd., filed a
`
`Petition requesting an inter partes review ofclaims 1-89 of U.S. Patent
`
`No. 8,543,330 B2 (“the 7330 patent”). Paper 1] (“Pet.”). Patent Owner
`
`Magna Electronics, Inc. filed a Preliminary Response. Paper6 (“Prelim.
`
`Resp.”). We instituted an inter partes review of: (1) claims 1-7, 9, 10,
`
`13-15, 18, 22-24, 26, 27, 29, 30, 39-41, 43-49, 52, 55, 56, 58-61, 63-69,
`
`72, 76-78, 80-83, and 85-88 as obvious under 35 U.S.C. § 103(a) over
`
`Lemelson,' Schofield,” and Tokito;? and (2) claims 25, 57, 75, and 89 as
`
`obvious under 35 U.S.C. § 103(a) over Lemelson, Schofield, Tokito, and
`
`Schaefer.* Paper 7.
`
`After institution of trial, Patent Owner filed a Response (Paper 9, “PO
`
`Resp.”), to which Petitioner replied (Paper 10, “Reply”). Absent a request
`
`fromeither party, an oral hearing was not held. See Paper 16.
`
`Wehavejurisdiction under 35 U.S.C. § 6(c). In this Final Written
`
`Decision, issued pursuant to 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73, we
`
`determine that Petitioner has shown by a preponderance of the evidence that
`
`'ULS. Patent No. 6,553,130 B1 (“Lemelson,” Ex. 1005), issued
`April 22, 2003, from an application filed June 28, 1996.
`* US. Patent No. 5,670,935 (“‘Schofield,” Ex. 1007), issued
`September 23, 1997, from an application filed May 22, 1995.
`3U.S. Patent No. 6,259,423 B1 (““lokito,” Ex. 1006), issued July 10, 2001,
`from an application filed August 17, 1998. Petitioner misidentifies Tokito as
`U.S. Patent No. 6,226,061 in the Petition, which we understand to be an
`inadvertent mistake in light of the content of Exhibit 1006. See Pet. 5.
`4 U.S. Patent No. 4,731,769 (“Schaefer,” Ex. 1008), issued
`March 15, 1988, from an application filed April 14, 1986.
`2
`
`
`
`IPR2015-00250
`Patent 8,543,330 B2
`
`claims 1—7, 9, 10, 13-15, 18, 22-27, 29, 30, 39-41, 43-49, 52, 55-61, 63-—
`
`69, 72, '/d—/8, 80-83, and 85-89 are unpatentable.
`
`Yl.
`
`BACKGROUND
`
`A.
`
`The ‘330 Patent (Ex. 10U1L)
`
`The °330 patent,titled “Driver Assist System for Vehicle,” issued
`
`September24, 2013, from U.S. Application No. 13/621,382, filed September
`
`17, 2012. Ex. 1001. Petitioner contendsthe earliest effective filing date of
`
`the °330 patent is January 22, 2002. Pet. 13-16. Patent Ownerstates that
`
`“the earliest priority date of the ’330 patent” is March 2, 2000. PO Resp. 30.
`
`March2, 2000,is the date that provisional application No. 60/186,520 (“the
`
`’520 application”) was filed, the earliest of fifteen provisional applications
`
`identified on the face of the ’330 patent. With respect to the claims of the
`
`’330 patent under review, Patent Owner offers no argumentor evidence to
`
`demonstrate either that any claim is entitled to priority to the 7520
`
`application or that any asserted reference is not prior art. Accordingly, we
`
`determine based on the evidence and argumentpresented that each of the
`
`asserted referencesis prior art to the °330 patent.
`
`The *330 patentis directed to a driver assist system for a vehicle,
`
`including a camera with an exterior field of view and a video display
`
`operable to display image data captured by the camerato the driver of the
`
`vehicle. Ex. 1001, Abstract. The system is operable to detect objects in the
`
`exterior field of view and to provide a visualalert and an audible alert
`
`responsive to detection of an object exterior of the vehicle. Jd. According to
`
`Patent Owner, “[t]he driver assist systems having electronically generated
`
`indicia overlaying the video image of the rearward scene describedin the
`
`
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`IPR2015-00250
`Patent 8,543,330 B2
`
`°330 patent were a significant advance overprior reversing systems.”
`
`PO Resp.2 (citing Ex. 1001, 27:4-10); see also Ex. 2001 ff 17-19.
`
`B.
`
`Illustrative Claim
`
`Claims 1, 39, 59, and 76 of the ’330 patent are independent. Claims
`
`2-7, 9, 10, 13-15, 18, 22-27, 29, and 30 ultimately depend from claim 1;
`
`claims 40, 41, 43-49, 52, and 55—58 ultimately depend from claim 39;
`
`claims 60, 61, 63-69, 72, and 75 ultimately depend from claim 59, and
`
`claims 77, 78, 80-83, and 85-89 ultimately depend from claim 76. Claim 1
`
`of the 330 patentis illustrative of the claimsat issue:
`
`1. A driver assist system for a vehicle, said driver assist
`system comprising:
`a rearward facing camera disposed at a vehicle equipped with
`said driver assist system and having a rearwardfield of
`view relative to the equipped vehicle;
`a video display viewable by a driver of the equipped
`vehicle when normally operating the equipped vehicle,
`wherein said video display is operable to display image
`data captured by said rearward facing camera;
`wherein said driver assist system is operable to detect objects
`present in said rearward field of view of said rearward
`facing camera
`wherein said driver assist system is operable to provide a
`display intensity of said displayed image data ofat least
`about 200 candelas/sq. meter for viewing by the driver of
`the equipped vehicle;
`wherein said driver assist system is operable to provide a
`visual alert to the driver ofthe equipped vehicle responsive
`to detection of an object rearward of the equipped vehicle
`during a reversing maneuverof the equipped vehicle;
`wherein said driver assist system is operable to provide an
`audible alert
`to the driver of the equipped vehicle
`responsive to detection of an object rearward of the
`
`
`
`IPR2015-00250
`Patent 8,543,330 B2
`
`equipped vehicle during a reversing maneuver of the
`equipped vehicle; and
`wherein said visual alert comprises electronically generated
`indicia that overlay said image data displayed by said
`video display, and wherein said electronically generated
`indicia at least one of (i) indicate distance to a detected
`object rearward of the equipped vehicle and(ii) highlight
`a detected object rearward of the equipped vehicle.
`
`Fx, 1001, 31:47-32:12,
`
`Il. ANALYSIS
`
`A,
`
`Claim Construction
`
`Only terms whichare in controversy need to be construed, and then
`
`only to the extent necessary to resolve the controversy. Vivid Techs., Inc. v.
`
`Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999).
`
`1.
`
`“at least one of”
`
`Petitioner contendsthat, as used in the ’330 patent, “at least one of” a
`
`series of elements was intended to signify a disjunctive list of alternatives,
`
`not a requirement of one of each elementlisted. Pet. 17-19. Petitioner
`
`contrasts this interpretation of “at least one of” trom that applied in
`
`SuperGuide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 885—88 (Fed.
`
`Cir. 2004) (requiring “at least one of’ each identified element), and supports
`
`its contention by identifying portions of the specification that make clear the
`
`listed elements arc disjunctive alternatives. Pet. 18. Patent Owner does not
`
`address the claim term. For the reasons provided by Petitioner, we are
`
`persuadedthat “at least one of” is used in the °330 patent to identify a
`
`disjunctive list of alternatives.
`
`
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`IPR2015-00250
`Patent 8,543,330 B2
`
`2.
`
`“display intensity”
`
`Petitioner contends “display intensity” should be construed to mean
`
`“luminance” becausethe ’330 patent describes values for “display intensity”
`
`in candelas/sq. meter, the International System of Units (“SI”) units for
`
`luminance. Pet. 20. Patent Owner does not dispute Petitioner’s contention.
`
`PO Resp. 3; Ex. 2001 § 20. We agree with Petitioner that “display
`
`intensity,” as used in the ’330 patent, is synonymouswith “luminance.”
`
`3.
`
`“human machineinterface”
`
`Claim 22 requires the driver assist system of claim 1, “comprising a
`
`human machineinterface, said human machine interface comprisingat least
`
`one user input.” Ex. 1001, 33:21-23. Claims 55 and 88 contain similar
`
`limitations. Petitioner contendsthat “human machineinterface” should be
`
`interpreted to mean the part of an electronic machine or device which serves
`
`for the information exchange between the operator/user and the
`
`machine/device. The term “human machineinterface” does not appear in
`
`the specification of the ’330 patent outside of the claims. Claim 22 recites
`
`that the “human machineinterface” accepts user input. Petitioner, however,
`
`has not explained sufficiently why we should adopt its proposed
`
`construction requiring that the “human machineinterface” must “exchange”
`
`information from the device to the user. However, there is no dispute that
`
`Lemelson discloses a human machineinterface, and Patent Ownerdoesnot
`argue that the term requires an express construction. PO Resp.3; see also
`Ex. 2001 421. Accordingly, we determine no express constructionis
`
`necessary for “human machineinterface.”
`
`
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`IPR2015-00250
`Patent 8,543,330 B2
`
`4.
`
`“electronically generated overlay”
`
`Patent Ownercontendsthat “electronically generated overlay” should
`
`be construed to mean “electronically-generated indicia superimposed upon
`
`and overlaying a displayed video image.” PO Resp.4. “Electronically
`
`generated overlay,” however, is not a claim term. As Patent Ownernotes,
`
`independentclaims 1, 39, 59, and 76 recite “electronically generated indicia
`
`that overlay said image data displayed by said video display.” Thus, Patent
`
`Owner’s contentions with respect to a term, “electronically generated
`
`overlay,” that does not appear in any claim are not persuasive.
`
`Additionally, a comparison of Patent Owner’s proposeddefinition to
`the actual claim language suggests Patent Owneris largely repeating the
`
`claim language, not providing a useful definition. Patent Ownerseeksto
`
`insert “superimposed”into the claim language by arguingthat there is a
`
`statementin the specification that “a distance grid can be electronically
`
`superimposed uponthe video image.” PO Resp.4 (quoting Ex. 1001,
`
`27:30-34). Had Patent Owner shown thereis a difference between
`
`“overlay” and “superimposed,” we would not have been persuaded to adopt
`
`Patent Owner’s proposed construction because limitations are not imported
`
`into a claim from the written description. SuperGuide, 358 F.3d at 875
`
`(“[t]hough understanding the claim language may be aided by explanations
`
`contained in the written description,it is important not to import into a claim
`
`limitations that are not part of the claim’’). In this case, however, there is no
`
`substantive dispute between the parties over the meaningof“overlay.”
`
`Petitioner notes an ordinary and customary definition of “overlay” is “to lay
`
`or spread overor across: superimpose.” Reply 5 (quoting Ex. 1022). Thus
`
`
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`IPR2015-00250
`Patent 8,543,330 B2
`
`“overlay” and “superimpose” meanthe same thing. Forthe foregoing
`
`reasons, to the extent Patent Owner implies any difference between
`
`“overlay” and “superimpose” by including both termsin its proposed
`
`construction, we are not persuaded. We determinethat “electronically
`
`generated indicia that overlay said image data displayed by said video
`
`display,” does not require an express definition, and we applyits ordinary
`
`and customary meaning.
`
`B.
`
`Obviousness Over Lemelson and Other Asserted Prior Art
`
`Petitioner contendsthat claims 1-7, 9, 10, 13-15, 18, 22-27, 29, 30,
`
`39-41, 43-49, 52, 55-61, 63-69, 72, 75-78, 80-83, and 85-89 are
`
`unpatentable as obvious over Lemelson and various additional asserted prior
`
`art. According to Petitioner, Lemelson describes “virtually the entirety of
`
`the claimed inventions,” but for “trivial matters of design choice” and
`
`“features already known as being desirably incorporated into automobiles.”
`
`Pet. 20-21. Petitioner’s contentions are supported by the Declaration of
`
`Dr. Ralph V. Wilhelm (Ex. 1014), and a second Declaration from Dr.
`
`Wilhelm filed in reply (Ex. 1021).° In opposition to Petitioner’s contentions,
`
`Patent Ownerrelies on the Declaration of Dr. Matthew A. Turk. Ex. 2001.
`
`> According to Patent Owner, Dr. Wilhelm’s Declaration should be afforded
`no weight because his opinions consider whether a claim “would morelikely
`than not have been obvious”to a person of ordinary skill, rather than
`“whether the subject matter ‘would have been obvious.’” PO Resp. 47-49.
`Asan initial matter, Patent Owner misrepresents the Institution Decision by
`stating it “acknowledges that Dr. Wilhelm’s Declaration uses an improper
`obviousness standard,” whenthat decision does no such thing, and instead
`states “/e]ven assuming Patent Owner’s distinction has merit, we are not
`persuadedthat it warrants affording no weight to Dr. Wilhelm’s entire
`declaration.” Paper 7, 10 (emphasis added). Accordingto Petitioner
`8
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`
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`IPR2015-00250
`Patent 8,543,330 B2
`
`1.
`
`Scope and Content ofthe Prior Art
`
`(a)
`
`Lemelson (Ex. 1005)
`
`Lemelson,titled “Motor Vehicle Warning and Control System and
`
`Method,” describes a system and method that use a camera mounted on a
`
`vehicle to scan the roadwaytoassist the driver of a vehicle in preventing or
`
`minimizing accidents. Ex. 1005, Abstract. An image-analyzing computer
`
`processesthe videopicture signals generated by the camera to generate
`
`codes that serve to identify obstacles. Jd. A decision computer in the
`
`vehicle receives code signals from the image analyzing computer, as well as
`
`the speedometer or other sensors, to generate control signals. Jd. The code
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`signals may be displayed, and sound generation or warning meansusedto
`
`warn the driver of approaching and existing hazards. Jd. The control signals
`
`maybe usedto operate the brakes and steering of the vehicle to Icssen the
`
`effects of a collision. Jd.
`
`“Dr. Wilhelm combined into a single statement the standard for determining
`obviousness (whether the claimed subject matter as a whole would have
`been obviousto a [person of ordinary skill in the art]) with the
`preponderanceof the evidence(i.e., more likely than not) burden of proof
`applicable in this inter partes review.” Reply 2. Wefind no merit to Patent
`Owner’s contention that an expert’s testimonyis entitled to no weight
`merely because his opinions discuss what, more likely than not, would have
`been obviousto a person of ordinary skill. Similarly, we find no basis for
`Patent Owner’s contention that Dr. Wilhelm’s Declaration should be
`afforded no weight because he “relies on information in the claim charts that
`is not actually there.” See PO Resp. 43-47.
`
`9
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`
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`IPR2015-00250
`Patent 8,543,330 B2
`
`(b)
`
`Schofield (Ex. 1007)
`
`Schofield, titled “Rearview Vision System for Vehicle Including
`
`Panoramic View,” describes an image capture device directed rearward of a
`
`vehicle and a display system to display an image synthesized from output of
`
`the image capture devices to the driver. Ex. 1007, Abstract. Schofield
`
`explainsthat:
`
`In order to further enhance the driver’s understanding of
`whatis occurring in the area surroundingthe vehicle, a
`rearview vision system 12’”includes a display 20’” having
`image enhancements (FIG.6). In the illustrative embodiment,
`such image enhancementsinclude graphic overlays 70a, 70b
`which are hash marksintendedtoillustrate to the driver the
`anticipated path of movementof vehicle 10. In the illustrated
`embodiment, the anticipated vehicle motionis a function ofthe
`vehicle direction of travel as well as the rate of turn of the
`vehicle. The forward or rearward direction of vehicle travel is
`determined in response to the operator placing the gear
`selection device (not shown)in the reverse gear position.
`
`Id. at 10:29-41.
`
`(c)
`
`Tokito (Ex. 1006)
`
`Tokito, titled “Display Device Using Organic Electroluminescent
`
`Elements,” describes a luminescent panel that can display an image from
`
`video information. Ex. 1006, Abstract, col. 1:64-67. The measured
`
`luminancein front of the direct-viewing display described by Tokito is 500
`
`candelas/sq. meter. Jd. at 10:44-45. Tokito states that such a display
`
`preferably may be used for an onboard display visible to a driver, and that
`
`becausea sufficient luminanceis obtainable, “a secure display can be
`
`effected even when the sun shines through the window.” Jd. at 10:53-67.
`
`10
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`IPR2015-00250
`Patent 8,543,330 B2
`
`(d)
`
`Schaefer (Ex. 1008)
`
`Schaeferrelates to “a central operating input and information system
`
`for the control of a plurality of optional instruments in a vehicle,” and
`
`teaches a “touch-sensitive display screen wherea place oftouch can be
`
`localized on its surface (“touch screen’) so that the control keys can be
`
`shownindividually on the screen as virtual touch keys or touch fields.”
`
`Ex. 1008, 1:8-13, 5:40-44.
`
`2.
`
`LevelofSkill in the Art
`
`In the Petition, Petitioner refers to the Declaration of Dr. Wilhelm as
`
`providing his opinion ofthe level of skill of a person having ordinary skill in
`
`the art at the time of the invention. Pet. 8 (citing Ex. 1014 Jf 17-21).
`
`According to Dr. Wilhelm, a person of ordinary skill in 2002 would have
`
`had: (1) “at least a bachelor’s degree in electrical engineering, computer
`
`science, or physics, and would have hadat least 2-5 years of experience with
`
`humanfactors for automotive design, i.¢., for how humansinteract with a
`
`display in a vehicle;” and (2) “a working understanding of microprocessor-
`
`driven controls for displays, actuators, and elementary decision making, and
`
`would have been comfortable working in a systems environmentrelating to
`
`instrumentation displays for new vehicles.” Ex. 1014 {J 20-21.
`
`Patent Ownerarguesthat Petitioner has failed to set forth how the
`
`claims are unpatentable because “the Petition does not resolve or even
`address the level of ordinary skill in the art,” and does not show “how the
`purportedart reflects the level of ordinary skill in the art.” PO Resp. 30-31.
`
`Wedisagree.
`
`11
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`IPR2015-00250
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`Patent Ownerfails to identify any substantive deficiency in the level
`
`of ordinary skill in the art articulated by Dr. Wilhelm, upon which the
`Petition relies. See Pet. 8. Patent Owner’s expert, Dr. Turk, states that a
`personofordinary skill “would have had at least a Bachelor’s degree in
`
`electrical, electronic, or mechanical engineering, or equivalent experience,
`
`and at least two years of experiencein the relevantfield, such as imaging
`
`systemsfor vehicles.” Ex. 2001 § 12. Contrary to Patent Owner’s
`
`unsupported argument that the level of ordinary skill in the art is unresolved,
`
`Dr. Turk’s testimonyis largely consistent with Dr. Wilhelm’s testimony, and
`
`Patent Ownerdoes not argue otherwise. Because we discern no
`
`substantively significant difference between the proposedlevels ofskill, we
`
`further agree with Petitioner that the patentability of the claims does not turn
`
`on whether Dr. Wilhelm’s or Dr. Turk’s express identification of the level of
`
`ordinary skill is adopted. See Reply 21.
`
`Moreover,it is well-settled that the level of ordinary skill in the art
`
`maybereflected by the prior art of record. Okajima v. Bourdeau, 261 F.3d
`
`1350, 1355 (Fed. Cir. 2001); In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir.
`
`1995); In re Oelrich, 579 F.2d 86, 91 (CCPA 1978). Wefind the level of
`
`ordinary skill in the art to be reflected in the cited references, and discern no
`
`reason whyPetitioner in this case must expressly state in the Petition “how”
`
`it is reflected. A person of ordinary skill is presumed to be awareofall
`
`pertinent prior art. Standard Oil Co. v. Am. Cyanamid Co., 774 F.2d 448,
`
`454 (Fed. Cir. 1985); Kimberly-Clark Corp. v. Johnson & Johnson, 745 F.2d
`
`1437, 1449-54 (Fed. Cir. 1984). In this case, the level of ordinary skill in
`
`the art is evidenced by the references themselves.
`
`12
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`3.
`
`Differences Between the Claimed Subject
`Matter and the Prior Art
`.
`
`(a)_Obviousness Over Lemelson, Schofield, and Tokito
`
`(i)
`
`Independent Claims 1, 39, 59, and 76
`
`Petitioner contends that Lemelson discloses nearly all of the features
`
`of claims 1, 39, 59, and 76, with the only substantive difference being the
`
`specifically claimed luminance valuc for the in-vchicle display, for which
`
`Petitioner relies on Tokito. Pet. 21. Petitioner further relies on the express
`
`teachings of Schofield to confirm whatit contendsis implicit in Lemelson
`
`with regard to displaying a video image from the rear-facing camera when
`
`the vehicle is in reverse. Id. Manyofthe limitations of claims 1, 39, 59, and
`
`76 are substantially similar, and Petitioner provides a claim chart identifying
`
`how each feature of each claim is disclosed by the asserted references. Jd.at
`
`23-30.
`
`There is no dispute that Lemelson discloses the limitations of claims
`
`1, 39, 59, and 76 correspondingto “a rearward facing camera”or “a
`99 66
`
`“‘a video display viewable bya driver .
`
`.
`
`camera,”
`
`. operable to display image
`
`data” captured by the camera, and a driver assist system “operable to detect
`
`objects” in the field of view of the camera. See Pet. 23-25. There also is no
`
`dispute that Tokito discloses a display intensity of “at least about 200
`
`candelas/sq. meter,” as required by claims 1, 39, 59 and 76. See id. at 25—
`
`26.
`
`Claims 39, 59, and 76 further require that the system provide a “visual
`
`alert” and an “audible alert”“to the driver .
`
`.
`
`. responsive to detection of an
`
`object exterior of the equipped vehicle.” Petitioner’s contention that
`
`Lemelson discloses these features is not disputed by Patent Owner.
`
`13
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`IPR2015-00250
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`Lemelsondiscloses an image displaythat “may includehighlighting of
`hazards,” which we agree with Petitioner correspondsto the claimed “visual
`
`alert.” See Pet. 26 (quoting Ex. 1005, 6:49-55). We also agree with
`
`Petitioner that Lemelson discloses warnings, including “audible alarms”
`
`which “can be combined with actual video displays of vehicle situations
`
`including hazards and nearby objects.” Pet. 27 (quoting Ex. 1005 9:55-65).
`
`Claim 1 likewise requires a “visual alert” and an “audiblealert,” but
`
`further requires that they are “responsive to detection of an object rearward
`
`of the equipped vehicle during a reversing maneuver.” Petitioner contends
`
`Lemelson implicitly discloses this feature, and that Schofield further
`
`expressly confirms that such a feature was knownin the art. Pet. 21. With
`
`regard to Lemelson, the question of obviousness does not turn on whether
`
`Lemelsonrecites the exact words of the claim in the order of the claim, but
`
`what a person of ordinary skill in the art, whois also a person of ordinary
`
`creativity, would have appreciated from the teachings of Lemelson. See
`
`KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007). There is no dispute
`
`that Lemelson discloses the use of cameras for rear viewing “to further
`
`improve hazard detection capabilities.” Ex. 1005, 6:37-42. We agree with
`
`Petitioner that one of ordinary skill in the art would have understood from
`
`Lemelsonthat a visual or audible alert would be provided when an object is
`
`detected rearward of the vehicle, and that if a purpose of Lemelsonis to
`
`avoid hazards, commonsensedictates that such an alert would be
`
`operational whenthe vehicle is operated in reverse “during a reversing
`
`maneuver,” as claimed. See Pet. 21, Ex. 1014 7 38.
`
`14
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`Patent Ownerdisputes the sufficiency of Lemelson’s disclosure with
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`respect to a “reversing maneuver,” but fails to explain what is missing from
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`Lemelson, or what aspect of any claimed feature would not have been
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`obvious to one of ordinary skill in light of all that Lemelson teaches. See PO
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`Resp. 13-14.
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`Additionally, we further agree with Petitioner that Schofield also
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`expressly discloses operation during a reversing maneuver, as claimed. See
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`Pet 26 (citing Ex. 1007 10:29—S5 (describing a “rearview vision system”in
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`which hash marksillustrate the “the anticipated path of movement”ofthe
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`vehicle and the direction of travel “is determined in responseto the operator
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`placing the gear selection device .
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`.
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`. in the reverse gear position’).
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`Patent Owner doesnot dispute the substance of Schofield’s disclosure,
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`but instead arguesthat Petitioner did not sufficiently discuss how
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`Schofield’s disclosure correspondsto the claimedalerts. PO Resp. 14.
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`Similarly, Patent Ownerarguesthat Petitioner did not considerall elements
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`of the claim because Petitioner did not expressly construe “during a
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`reversing maneuver” to mean “when the vehicle is in ‘reverse.”” Jd. Patent
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`Owner’s arguments are not persuasive because Patent Owner doesnot
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`explain what “during a reversing maneuver” requires that is not disclosed by
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`Schofield (or Lemelson), and offers no explanation of whatis incorrect with
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`Petitioner equating the term to operating a vehicle in reverse. We see no
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`need for further explanation to establish that “during a reversing maneuver”
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`encompassesan operation that occurs “when the vehicle is in reverse.”
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`Indeed, Patent Ownerdoesnot explain whatelse it could possibly mean. To
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`be clear, the burdenis on Petitioner to show unpatentability, and, here,
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`15
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`Petitioner has made an adequate showing that the claimed features were
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`disclosed and would have been obvious. See Pet. 26-27. Patent Owner’s
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`conclusory and unsupportedasscrtion that Pctitioner’s “broad
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`characterizations” are insufficient does not persuasively rebut Petitioner’s
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`evidence of obviousness and the knowledgeof one of ordinary skill in the
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`art. See PO Resp. 14-15 (arguing, for example, that Petitioner “provides no
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`discussion as to how this disclosure discloses a visualalert or audible alert
`that is responsive to detection ofan object rearward ofthe equipped vehicle
`during a reversing maneuverofthe equipped vehicle,”but failing to address
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`what Lemelson and Schofield actually disclose, or fail to disclose).
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`Finally, claims 1, 39, 59, and 76 require that the visualalert include
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`“electronically generated indicia that overlay” the image data displayed on
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`the video display, and either “indicate distance to a detected object rearward
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`of the equipped vehicle,”or “highlight a detected object rearward of the
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`equipped vehicle.” Petitioner has shown that Lemelson discloses an image
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`display that may include “highlighting of hazards” and “distance values.”
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`Morespecifically, Lemelsonstates that “video scanning ... may be...
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`employed to identify and indicate distances between the controlled vehicle
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`and objects ahead of, to the side(s) of, and to the rear of the controlled
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`vehicle,” and that “[t]he image display may include. .
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`. distance values.”
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`Pet. 28 (quoting Ex. 1005, 6:5—8, 49-51). We find unpersuasive Patent
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`Owner’s arguments that the disclosure of Lemelsonis insufficient. PO
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`Resp. 7-13. First, Patent Owneridentifies no support from the 330 patent
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`for its proposition that“visualalert” should be read “to require the likes of
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`guidelines or other markings,” other than Dr. Turk’s testimony, whichis
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`16
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`speculative, conclusory, and based on noidentified information or evidence.
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`See Ex. 2001 9 29. To the contrary, the claim language only requires that
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`the visual alert be “electronically generated,” “overlay” the image data, and
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`“indicate distance to a detected object.” None of these features requires
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`“guidelines or other markings,” which is beyond the scopeofthe claims.
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`See Reply 7-8.
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`Next Patent Ownerargues that Lemelson’s disclosure of visualalerts,
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`including distance values, could be displayed separate from the video
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`images, for example, “above, below,to the right or to the left.” PO Resp.
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`12. Again, Patent Owner’s argumentis supported by nothing more than the
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`speculation of Dr. Turk. See Ex. 2001 429. Patent Owner’s argumentis not
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`supported by the disclosure of Lemelson, whichstates that the image display
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`may include distance valucs, and further fails to address what would have
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`been obviousto one of ordinary skill, arguing instead that any number of
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`undisclosed configurations was possible. Lemelsonstates that the “image
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`display may include the highlighting of hazards,” and “simulated displays of
`symbols representing the hazard objects as well as actual video displays.”
`Ex. 1005, 6:49-55. Patent Owneroffers no plausible reason why the
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`highlighting, symbols, and distance information Lemelson describes as
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`being displayed on the video display would be understood by one of
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`ordinary skill to mean anything butthat it overlays the image data. See Ex.
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`2001 Jf 26-37. There is nothing in Lemelson Patent Ownerhas identified to
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`suggestthat the visual alerts appear on a split screen or above, below,to the
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`left, or to the right of the image data. See id. Nor has Patent Owner shown
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`anything in Lemelson to support Patent Owner’s argumentthat the visual
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`17
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`cues disclosed by Lemelson might not overlay image data becauseit “could
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`mask, confuse, or obscure image data in the video images.” See PO Resp.
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`8-9. For example, Patent Owner offers no plausible explanation of how an
`object could be highlighted in a video image, as disclosed by Lemelson,
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`without using an overlay. Wealso find more persuasive Dr. Wilhelm’s
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`testimony that Lemelson discloses to one of ordinary skill the claimed
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`“electronically generated indicia that overlay.” See Ex. 1021 {{ 17-18, 20—
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`24, 26-34.
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`Claim 59 further requires at least one user input, which, among
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`several alternatives, may comprise an input for a navigational system of the
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`equipped vehicle. Correspondingto this limitation, we agree that Lemelson
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`discloses a keyboard or microphonewith a speech recognition computer
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`employedby the driver to gencrate commandcontrol signals for controlling
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`the navigational computer. See Pet. 29-30 (citing Ex. 1005, 16:11-19,
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`15:45—16:38).
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`Claim 76 further requires that “responsive to detection of an object,
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`the driver’s attention is drawn to an object displayed on said video display.”
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`Weagree with Petitioner that Lemelson discloses this limitation. See Pet. 30
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`(quoting Ex. 1005, 6:47—55 (describing images, including highlighting of
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`hazards, which may bedisplayed “to enhance driver recognition of
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`dangeroussituations”)).
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`In consideration of the evidence and arguments presented in the
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`Petition, Patent Owner’s Response, and Petitioner’s Reply regarding claims
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`1, 39, 59, and 76, we agree with Petitioner that the combination of
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`18
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`Lemelson, Schofield, and Tokito discloses every limitation of each of those
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`claims as shown in Claim Chart 1 of the Petition. See Pet. 23-30.
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`(ii)
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`Claims 2-4, 9, 18, 22-24, 26, 27, 48, 55, 56, 58,
`68, 87 and 88
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`Petitioner asserts that each of claims 2-4, 9, 18, 22-24, 26, 27, 48, 55,
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`56, 58, 68, 87, and 88 is unpatentable as obvious over Lemelson, Schofield,
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`and Tokito. Pet. 21-30, 34, 41-43, 45-46, 53.
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`Weagree with Petitioner that dependent claims 2, 9, 22, 26, 48, 68,
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`and 87 recite the same or similar elements as one or more ofthe four
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`independentclaims 1, 39, 59, and 76. See Pet. 21-30. Claim 2 limits the
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`electronically generated indicia recited in claim 1 to one of the two
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`alternatives recited in claim1(i.e., to “indicate distance to a detected object
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`rearward of the equipped vehicle”), a limitation shown aboveto be disclosed
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`by Lemelson with respect to claim 1. Claim 9 (dependent on claim 1), claim
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`48 (dependent on claim 39), and claim 68 (dependent on claim 59) each
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`recite the same limitation independentclaim 76 recites as “wherein,
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`responsive to detection of an object, the driver’s attention is drawn to an
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`object displayed on said video display.” As discussed above with respect to
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`claim 76, this limitation is disclosed by Lemelson. See Ex. 1005, 6:47-55.
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`Wealso agree with Petitioner that Lemelson and Schofield disclose
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`the features further recited in claims 3 and 4. See Pet. 34. Claim 3 recites
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`the electronically generated indicia comprise, as one alternative, “a graphic
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`display.” Ex. 1001, 32:16—-19. Lemelson discloses a graphic display as
`claimed. See Pet. 34 (quoting Ex. 1005, 6:49-55). With respect to claim 4,
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`Schofield discloses the features of electronically generated indicia
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`“indicative of an intended path of rearwardtravel,” as claimed. Seeid.
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`{9
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`(quoting Ex. 1007, 3:5—11 (describing a graphic overlay superimposed on
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`the display image which “mayinclude indicia of the anticipated path of
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`travel of the vehicle whichis useful in assisting the driver in guiding the
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`vehicle in reverse directions”)).
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`Claim 18 req
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