`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MERCEDES-BENZ USA, LLC,
`
`
`Petitioner
`
`
`
`
`Patent No. 6,738,697
`Issue Date: May 18, 2004
`Title: TELEMATICS SYSTEM FOR VEHICLE
`DIAGNOSTICS
`
`
`DECLARATION OF DAVID A. MCNAMARA
`
`Case No. IPR2014-00645
`
`
`
`1
`
`Mercedes-Benz USA, LLC, Petitioner - Ex. 1006
`
`
`
`
`
`I, David McNamara, hereby state and declare as follows:
`
`1.
`
`I have been engaged by Mercedes-Benz USA, LLC (MBUSA) to
`
`review U.S. Patent No. 6,738,697 (the ’697 patent) and opine on whether the
`
`claims of the ’697 patent are anticipated or rendered obvious by one or more of the
`
`following prior art references:
`
`a.
`
`b.
`
`c.
`
`d.
`
`U.S. Patent No. 5,157,610 to Asano (“Asano”) (Ex. 1002);
`
`Fry, “Diesel Locomotive Reliability Improvements by System
`Monitoring,” Proceedings of the Institution of Mechanical
`Engineers, Part F: Journal of Rail and Rapid Transit, Vol. 209,
`Jan. 1, 1995 (“Fry”) (Ex. 1003);
`
`U.S. Patent No. 4,897,642 to DiLullo (“DiLullo”) (Ex. 1004);
`
`U.S. Patent No. 5,311,197 to Sorden (“Sorden”) (Ex. 1005).
`
`2.
`
`As is explained in detail in this declaration, it is my opinion that:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`Asano anticipates claims 1, 2, 10, 18, 21, 26, 27, 32, and 61 of
`the ‘697 patent;
`
`Fry anticipates claims 1, 2, 6, 10, 19, 20, 21, 22, 32, 40, and 61
`of the ‘697 patent;
`
`DiLullo anticipates claims 1, 2, 5, 10, 18, 19, 21, 26, 27, 32, 40,
`and 61 of the ‘697 patent;
`
`Sorden anticipates claims 1, 2, 6, 10, 19, 20, 21, 22, 32, 40, and
`61 of the ‘697 patent;
`
`Claims 5, 18, 26, and 27 are obvious over Fry in view of Asano
`or DiLullo;
`
`Claims 6, 19, 20, 22, and 40 are obvious over Asano or DiLullo
`in view of Fry.
`
`
`
`2
`
`
`
`
`
`I.
`
`QUALIFICATIONS
`3. My full curriculum vitae is attached hereto as Exhibit A.
`
`4.
`
`I am currently a consultant for McNamara Technology Solutions LLC
`
`and work with clients in active safety (e.g., mmWave radar based systems),
`
`automotive electrical/electronics architecture, automotive wireless technology and
`
`driving automation.
`
`5. As shown in my curriculum vitae, I have devoted my career to the
`
`field of automotive electronics. I earned my Bachelor of Science degree in
`
`Electrical Engineering from the University of Michigan in 1973 and my Master of
`
`Engineering degree in Solid State Physics from the University of Florida in 1976.
`
`6. Further, as shown in my curriculum vitae, I have professional and
`
`academic experience in the field of automotive electronics and transportation
`
`systems acquired over a career spanning 37 years. In particular, during this period,
`
`I have worked and otherwise interacted with professionals and students of various
`
`experience and expertise levels in the automotive electronics field. Yet,
`
`throughout, my primary focus has related to identifying, demonstrating, testing,
`
`and manufacturing new automotive and transportation systems embodied in
`
`complex hardware and software products. For example, I have been involved in
`
`the development and integration of various motor vehicle technologies, such as:
`
`embedded vehicle controllers; sensors technologies (e,g, radars, cameras and
`
`
`
`3
`
`
`
`
`
`ultrasonics) and actuators (e.g. airbag, wiper/seat motors, and door lock
`
`mechanisms) as key elements in an engine, chassis and body systems;
`
`diagnostic/maintenance algorithms; multiplex (or buses) to reduce wiring, provide
`
`a test/diagnostic capability, and to provide control for new convenience features
`
`(e.g., power seat controls); and user interface hardware and software to implement
`
`voice-driven features/technology, audio systems, digital media and wireless
`
`communications.
`
`7.
`
`In the mid-1990s, I was Ford’s advanced design manager for
`
`evaluating new collision mitigation sensing technologies and developing new
`
`systems for high-volume manufacturer. The design group that I lead, working with
`
`Jaguar, developed mmW scanning radars for Adaptive Cruise Control Systems
`
`launched on the 2000 MY Jaguar XKE. Also during this period I worked on lane
`
`departure, camera based systems with Volvo and ultrasonic sensors based systems
`
`for the 2000 MY Windstar as a parking aid system. The 1998 SAE Convergence
`
`paper that I co-authored titled Automotive Obstacle Detection Systems: A Survey
`
`of Design Requirements & Vehicle Integration Issues, describes aspects of this
`
`development.
`
`8.
`
`I also have conducted extensive research on motor vehicle interfaces
`
`to permit the safe and easy integration of new electronic devices within a motor
`
`vehicle environment. I have also worked on vehicle diagnostic systems that
`
`
`
`4
`
`
`
`
`
`monitor a wide range of vehicle parameters and estimate useful component life,
`
`commonly called prognostics. More specifically, I have worked on modifying
`
`existing vehicle diagnostic systems to add the capability of predicting component
`
`life and providing the data to engineers who are managing fleets of hydrogen-
`
`fueled vehicles from a remote base station. I have also worked on new vehicle-to-
`
`infrastructure communications for the U.S. Department of Transportation in
`
`providing “vehicle situation” data based on the 802.11p and SAE J2735
`
`specifications. This new capability, called V2I, provides the Department of
`
`Transportation with real-time information about both the vehicle and road
`
`conditions.
`
`9.
`
`I also am an active member of the Society of Automotive Engineers
`
`(SAE) and the Institute of Electrical and Electronics Engineers (IEEE), and I have
`
`been an invited speaker to various conferences, including the Telematics Update
`
`Events (www.telematicsupdate.com). I am a member and have facilitated
`
`meetings for the Connected Vehicle Trade Association, an organization of
`
`companies providing connectivity solutions for vehicle safety, mobility and
`
`diagnostics. I participate in annual “Insurance Telematics” conferences concerning
`
`recent developments in vehicle diagnostics, such as new monitoring approaches as
`
`applied to vehicle performance and driver behavior.
`
`
`
`5
`
`
`
`
`
`10.
`
`I periodically publish reports on observed trends in automotive
`
`electronics, and I also co-authored an invited paper for the Proceedings of the
`
`IEEE. I have contributed articles to the Intelligent Transport System (ITS)
`
`International Magazine (www.itsiternational.com). I also moderated an industry
`
`panel on diagnostics and prognostics at the 2014 Consumer Electronics Show
`
`(CES). I report on consumer trends and sensor technology impacting the
`
`automotive industry as part of my annual CES report, which has been published
`
`since 2007. I am also a member of the Consumer Electronics Association and have
`
`been a panelist at their annual Industry Forum representing automotive industry
`
`viewpoints.
`
`11.
`
`I am a named inventor on five U.S. patents (U.S. Patent No.
`
`4,377,851; U.S. Patent No. 4,446,447; U.S. Patent No. 5,060,156; U.S. Patent No.
`
`5,003,801; and U.S. Patent No. 6,175,803) that resulted from the development of
`
`products for high-volume production. Of these, U.S. Patent No. 4,377,851 and
`
`U.S. Patent No. 4,446,447 relate to pressure sensors used in Ford vehicles, and
`
`U.S. Patent No. 5,060,156 relates to the oil change detection system used by Ford
`
`in high-volume production for several years.
`
`12.
`
`I am being compensated at a rate of $200 per hour for my work on
`
`this matter. Although I am being compensated for my time in preparing this
`
`
`
`6
`
`
`
`
`
`declaration, the opinions herein are my own. I have no stake in the outcome of this
`
`proceeding.
`
`II. OVERVIEW OF THE ’697 PATENT
`A. The Claimed Invention
`13. The ’697 patent, entitled “Telematics System for Vehicle
`
`Diagnostics,” was issued to David S. Breed on May 18, 2004. The ’697 patent
`
`identifies itself as a continuation-in-part of numerous other applications, the
`
`earliest of which (U.S. App. No. 08/476,077) was filed June 7, 1995 and issued as
`
`U.S. Patent No. 5,809,437.
`
`14. The ’697 patent generally relates to an on-board system and method
`
`for diagnosing the state of a vehicle or the state of a component of the vehicle and
`
`automatically transmitting diagnostic information to a remote facility over a
`
`wireless communications network. (See, e.g., Ex. 1001 at Abstract; col. 1:37-42.)
`
`15. According to the ’697 patent, diagnosing the “state of the vehicle”
`
`means diagnosing “the condition of the vehicle with respect to its stability and
`
`proper running and operating condition.” (Ex. 1001 at col. 10: 29-32.) For
`
`example, a diagnosis may indicate that the vehicle is experiencing “excessive
`
`angular inclination,” “a crash,” or “skidding.” (Id. at col. 10: 32-41; see also id. at
`
`col. 14: 35-42.) A diagnosis of the state of a component of the vehicle may
`
`indicate that the component is “operating abnormally.”
`
`
`
`7
`
`
`
`
`
`16. The ’697 patent provides examples of components that can be
`
`monitored and diagnosed by the diagnostic system. These components include, for
`
`example:
`
`[E]ngine; transmission; brakes and associated brake assembly; tires;
`wheel; steering wheel and steering column assembly; water pump;
`alternator; shock absorber; wheel mounting assembly; radiator;
`battery; oil pump; fuel pump; air conditioner compressor; differential
`gear; exhaust system; fan belts; engine valves; steering assembly;
`vehicle suspension including shock absorbers; vehicle wiring system;
`and engine cooling fan assembly.
`
`
`(Ex. 1001 at col. 30:58 – col. 31:23.)
`
`
`17. According to the ’697 patent, in some cases the system can employ a
`
`processor and sensors. (Id. at col. 13: 8-14.) A variety of different types of
`
`sensors are listed, including:
`
`[A]irbag crash sensor; accelerometer; microphone; camera; antenna,
`capacitance sensor or other electromagnetic wave sensor; stress or
`strain sensor; pressure sensor; weight sensor; magnetic field sensor;
`coolant thermometer; oil pressure sensor; oil level sensor; air flow
`meter; voltmeter; ammeter; humidity sensor; engine knock sensor;
`oil turbidity sensor; throttle position sensor; steering wheel torque
`sensor; wheel speed sensor; tachometer; speedometer; other velocity
`sensors; other position or displacement sensors; oxygen sensor; yaw,
`pitch and roll angular sensors; clock; odometer; power steering
`pressure sensor; pollution sensor; fuel gauge; cabin thermometer;
`transmission fluid level sensor; gyroscopes or other angular rate
`sensors including yaw, pitch and roll rate sensors; coolant level
`sensor; transmission fluid turbidity sensor; brake pressure sensor;
`tire pressure sensor; tire temperature sensor, and coolant pressure
`sensor.
`
`
`
`
`
`
`(Ex. 1001 at col. 31:24 – col. 32:11.)
`
`8
`
`
`
`
`
`18. As noted above, the ’697 patent also teaches automatic transmission
`
`of diagnostic information using a wireless communication system, such as a
`
`“cellular telephone system” or “satellite.” (Id. at col. 13: 35-43.) According to the
`
`’697 patent, the information is transmitted to a remote location, which could
`
`include a “repair facility” or “emergency response station.” (Id. at col. 1: 53-60.)
`
`19. The ’697 patent also notes that a display or warning device could be
`
`used to provide vehicle occupants with information regarding the diagnosis. (Ex.
`
`1001 at col. 13: 25-34; col. 14: 39- 44; col. 38: 51-59; col. 41: 9-19; col. 53: 23-27;
`
`col. 82:64 – col. 83:1; Fig. 8.)
`
`20. Additionally, the system can further include a location determining
`
`system, including a GPS based system. This allows vehicle location information to
`
`be transmitted to the remote facility along with the diagnostic information. (Id. at
`
`col. 13: 54-58.)
`
`21. As noted above, I have also reviewed the prosecution history of the
`
`’697 patent.
`
`B. Challenged Claims
`22. The ’697 patent includes 62 claims. Claims 1 and 21 are independent.
`
`23.
`
`I understand that claims 1, 2, 5, 6, 10, 18-22, 26, 27, 32, 40, and 61
`
`are at issue in this proceeding. For convenience, these claims are reproduced
`
`below:
`
`
`
`9
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1. A vehicle, comprising:
`a diagnostic system arranged on the vehicle to diagnose the state
`of the vehicle or the state of a component of the vehicle and
`generate an output indicative or representative thereof; and
`
`a communications device coupled to said diagnostic system and
`arranged to automatically establish a communications channel
`between the vehicle and a remote facility without manual
`intervention and wirelessly
`transmit
`the output of said
`diagnostic system to the remote facility.
`
`2. The vehicle of claim 1, wherein said diagnostic system comprises a
`plurality of vehicle sensors mounted on the vehicle, each of said
`sensors providing a measurement related to a state of said sensor
`or a measurement related to a state of the mounting location and a
`processor coupled to said sensors and arranged to receive data
`from said sensors and process the data to generate the output
`indicative or representative of the state of the vehicle or the state
`of a component of the vehicle.
`
`5. The vehicle of claim 1, further comprising a display arranged in
`the vehicle in a position to be visible from the passenger
`compartment, said display being coupled to said diagnostic system
`and arranged to display the diagnosis of the state of the vehicle or
`the state of a component of the vehicle.
`
`6. The vehicle of claim 1, wherein said communications device
`comprises a cellular telephone system including an antenna.
`
`10. The vehicle of claim 1, wherein said diagnostic system comprises
`a plurality of sensors mounted at different locations on the
`vehicle, each of said sensors providing a measurement related to a
`state of said sensor or a measurement related to a state of the
`mounting location and a processor coupled to said sensor systems
`and arranged to diagnose the state of the vehicle or the state of the
`component of the vehicle based on the measurements of said
`sensors.
`
`10
`
`
`
`
`
`
`
`
`
`
`
`
`
`18. The vehicle of claim 1, further comprising a warning device
`coupled to said diagnostic system for relaying a warning to an
`occupant of the vehicle relating to the state of the vehicle or the
`state of the component of the vehicle as diagnosed by said
`diagnostic system.
`
`19. The vehicle of claim 1, further comprising a location determining
`system for determining
`the
`location of
`the vehicle, said
`communications device being coupled
`to
`said
`location
`determining system and arranged to transmit the determined
`location of the vehicle to the remote facility.
`
`20. The vehicle of claim 19, wherein said location determining
`system uses GPS technology.
`
`21. A method for monitoring a vehicle, comprising the steps of:
`
`diagnosing the state of the vehicle or the state of a component of
`the vehicle by means of a diagnostic system arranged on the
`vehicle;
`
`generating an output indicative or representative of the diagnosed
`state of the vehicle or the diagnosed state of the component of
`the vehicle; and
`
`transmitting the output indicative or representative of the
`diagnosed state of the vehicle or the diagnosed state of the
`component of the vehicle from the vehicle to a remote
`location.
`
`22. The vehicle of claim 21, wherein the step of transmitting the
`output to a remote location comprises the step of arranging a
`communications device comprising a cellular telephone system
`including an antenna on the vehicle.
`
`26. The method of claim 21, further comprising the steps of:
`
`arranging a display in the vehicle in a position to be visible from
`the passenger compartment; and
`
`11
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`displaying the state of the vehicle or the state of a component of
`the vehicle on the display.
`
`27. The method of claim 21, further comprising the step of relaying a
`warning to an occupant of the vehicle relating to the state of the
`vehicle.
`
`32. The method of claim 21, wherein the step of diagnosing the state
`of the vehicle or the state of the component of the vehicle
`comprises the steps of mounting a plurality of sensors on the
`vehicle, measuring a state of each sensor or a state of the
`mounting location of each sensor and diagnosing the state of the
`vehicle or the state of a component of the vehicle based on the
`measurements of the state of the sensors or the state of the
`mounting locations of the sensors.
`
`40. The method of claim 21, further comprising the steps of:
`
`determining the location of the vehicle; and transmitting the
`determined location of the vehicle to the remote location in
`conjunction with the output.
`
`61. The method of claim 21, wherein the step of transmitting the
`output
`to
`the emote [sic] facility comprises
`the step of
`automatically establishing a communications channel between the
`vehicle and the remote facility without manual intervention to
`thereby enable the output to be transmitted from the vehicle to the
`remote facility.
`
`C. Claim Construction
`24.
`I have been informed that, in evaluating whether elements of the
`
`above claims are anticipated or obvious based on prior art, I should construe the
`
`claim terms to have the “broadest reasonable construction in light of the
`
`specification” of the ’697 patent. I have also been informed that the words of the
`
`
`
`12
`
`
`
`
`
`claim should be given their plain meaning unless it is inconsistent with the
`
`specification. I have adhered to these standards in conducting my analysis.
`
`25.
`
`I understand that the following terms have previously been construed
`
`by the Patent Trial and Appeal Board (the “Board”) in connect with prior inter
`
`partes review proceedings concerning the ’697 patent:
`
`Claim term
`“component”
`
`Board Construction
`“a part or an assembly of parts, less than the whole” (412
`
`(claims 1, 21)
`
`Decision at 8; 413 Decision at 7)
`
`“sensor system”
`
`Does not require express construction, but “includes each
`
`(claim 10)
`
`of the sensors particularly identified in the specification of
`
`the ‘697 patent.” (412 Decision at 10; 413 Decision at 9-
`
`10)
`
`“sensor”
`
`Does not require express construction, but “includes each
`
`(claims 2,10,32)
`
`of the sensors particularly identified in the specification of
`
`the ‘697 patent” (412 Decision at 12; 413 Decision at 11)
`
`“diagnose of the
`
`“diagnosis of the condition of the vehicle with respect to its
`
`state of the vehicle”
`
`stability and proper running and operating condition” (412
`
`(claims 1, 21)
`
`Decision at 12-13; 413 Decision at 12)
`
`
`
`13
`
`
`
`
`
`“display”
`
`“a screen for showing information, as opposed to a warning
`
`(claim 5)
`
`lamp” (412 Decision at 13; 413 Decision at 13)
`
`III. LEVEL OF ORDINARY SKILL IN THE ART
`26.
`In my opinion, in June of 1995, a person of ordinary skill in the art
`
`with respect to the technology disclosed by the ’697 patent would have at least a
`
`Bachelor of Science degree in Electrical Engineering, Mechanical Engineering, or
`
`another technical field, as well as at least two years of work experience in
`
`connection with automobile electronics and telematics.
`
`27. As is apparent from the qualifications set forth in Section I of this
`
`declaration, I am a person of at least ordinary skill in the art with respect to the
`
`’697 patent. I have conducted my analysis of the ’697 patent from the perspective
`
`of one of ordinary skill in the art at the time of the invention, which I have
`
`assumed is June 1995. I understand, however, that the effective filing date for
`
`certain claims of the ’697 patent (claims 19, 20, and 40) is June 19, 2002.
`
`IV. ANALYSIS AND OPINION
`A.
`Summary
`28.
`
`In my opinion, claims 1, 2, 5, 6, 10, 18-22, 26, 27, 32, 40, and 61 of
`
`the ’697 patent are either anticipated by or obvious in light of prior art.
`
`
`
`14
`
`
`
`
`
`29.
`
`I understand that a patent claim is anticipated when a single piece of
`
`prior art describes every element of the claimed invention, either expressly or
`
`inherently, arranged in the same way as in the claim.
`
`30.
`
`I understand that a patent claim is obvious if the subject matter of the
`
`claim as a whole would have been obvious to a person of ordinary skill in the art as
`
`of the time of the invention. Unlike anticipation, I understand that obviousness
`
`may be shown by considering more than one item of prior art. I have been
`
`informed that objective indicia of non-obviousness, sometimes referred to as
`
`“secondary considerations,” should be considered when assessing obviousness,
`
`including: (1) commercial success; (2) long felt but unresolved needs; (3) copying
`
`of the invention by others in the field; (4) initial expressions of disbelief by experts
`
`in the field; (5) failure of others to solve the problem that the inventor solved; and
`
`(6) unexpected results.
`
`B. Anticipation by U.S. Patent No. 5,157,610 to Asano
`31.
`In my opinion, Asano anticipates claims 1, 2, 10, 18, 21, 26, 27, 32,
`
`and 61 of the ’697 Patent.
`
`32. Asano, which was issued on October 20, 1992, discloses a two stage
`
`diagnostic system for monitoring vehicle operating conditions. The first stage
`
`involves an initial diagnosis being made at the vehicle. The second stage involves
`
`a more thorough diagnosis being made at a remote location, such as a dealer. (Ex.
`
`
`
`15
`
`
`
`
`
`1003 at Abstract; col. 2:7-14.) The various components of the Asano system are
`
`depicted in Figure 1:
`
`
`(1) Asano discloses all the elements of claim 1
`33. Claim 1 of the ’697 patent has two limitations: [a] “a diagnostic
`
`system arranged on the vehicle to diagnose the state of the vehicle or the state of a
`
`component of the vehicle and generate an output indicative or representative
`
`thereof”; and [b] “a communications device coupled to said diagnostic system and
`
`arranged to automatically establish a communications channel between the vehicle
`16
`
`
`
`
`
`
`
`and a remote facility without manual intervention and wirelessly transmit the
`
`output of said diagnostic system to the remote facility.” Asano discloses both of
`
`these elements.
`
`(a) Asano discloses an on-board “diagnostic
`system”
`
`34. Asano discloses a “vehicle mounted station” that “detect[s] operating
`
`conditions” of the vehicle. (Ex. 1003 at col. 2:25-30.) Asano monitors and can
`
`control various vehicle components, including the “engine, transmission, steering,
`
`suspension” and “fuel injector.” (Id. at col. 1:62-65; see also id. at col. 3:59-66;
`
`col. 5: 41-43.) Asano also has multiple sensors (“detecting means”) which can
`
`“detect at least one of water temperature, air flow ratio air fuel quantity, battery
`
`voltage, throttle valve opening angle, engine speed, transmission gear position and
`
`suspension setting.” (Id. at col. 2:25-30; see also id. at col. 2:12-15).
`
`35. Asano also discloses a “vehicle mounted computer 105,” that includes
`
`a “CPU 7.” (Ex. 1003 at col 3:10-11; col. 6:14-17; col. 6:43-47.) As shown in
`
`Figure 1 (reproduced above) and Figure 2 (shown below), the computer receives
`
`signals from the various sensors, including those associated with the engine,
`
`suspension, transmission, and fuel injector. (Id. at col. 6:14-47; Figure 2.)
`
`
`
`17
`
`
`
`
`
`
`
`36. The computer users the sensor information to perform “a basic
`
`abnormal diagnosis” and generate an abnormality code based on the diagnosis.
`
`(Ex. 1003 at col. 8:65-9:14; Fig. 6.) For example, columns 8-9 provide an example
`
`of how Asano’s system monitors and diagnoses the performance of a specific
`
`component – the fuel injector (id. at col. 8:65 – col. 9:6):
`
`The vehicle-mounted computer carries out time-sharing
`
`computations of the injection pulse width for the injector and
`
`ignition timing in real time. For this, computations for a failure
`
`
`
`18
`
`
`
`
`
`diagnosis are made in the intervals of these computations and
`
`only a basic diagnosis [is] made. This embodiment is based on
`
`the concept of having the vehicle-mounted computer make a
`
`basic abnormal diagnosis and transmit the data to the host
`
`computer.
`
`37. Figure 6 illustrates that this initial diagnosis of components, such as
`
`the fuel injector, occurs on the “vehicle side” before the resultant abnormality code
`
`is then sent to a remote facility.
`
`
`
`
`
`19
`
`
`
`
`
`
`
`(b) Asano discloses a “communications device”
`
`38. Asano also discloses a communications device that is coupled to the
`
`“vehicle mounted station” and automatically sends diagnostic information to a
`
`remote facility upon determining that a component of the vehicle is operating
`
`abnormally.
`
`39.
`
` More specifically, Asano discloses that “the vehicle mounted station
`
`is arranged to detect an abnormality and to transmit data indicative thereof to said
`
`base station.” (Ex. 1003 at col 3:10-13.) The “base station” or “host computer”
`
`may be located at a dealership. (Id. at col. 5: 38; col. 5:62; col. 7:25-27; col. 8:15.)
`
`The transmission of data may occur through a “wireless” “radio link” that connects
`
`the vehicle to the “host computer.” (Id. at col. 5:45-53; Fig. 1 (showing
`
`transmitter/receiver; Fig. 6 (showing transmission of abnormality code).)
`
`40. Figure 6, reproduced above, illustrates that the transmission occurs
`
`automatically when the system determines that an abnormality exists in one of the
`
`monitored components. (Id. at Fig. 6; see also id. at col. 9:15-18 (“When an
`
`abnormality exists, the abnormal code is transmitted to the host computer on the
`
`dealer side through the transmitter-receivers 5 and 11.”); col. 2:36-37 (noting that
`
`transmission happens at “times of occurrence of predetermined conditions”).)
`
`41. As noted above, the “abnormality code” that is transmitted to the base
`
`station concerns a particular component that is operating abnormally, such as the
`
`
`
`20
`
`
`
`
`
`fuel injector. (Ex. 1003 at col. 8:65 – col. 9:6.) The abnormality code identifies
`
`the component and provides data “indicative” of the “basic” diagnosis performed
`
`on-board the vehicle. (Id.; col 3:10-13.)
`
`(2) Asano discloses all the elements of claim 2
`42. Claim 2 of the ’697 patent depends on claim 1 and further requires “a
`
`plurality of vehicle sensors mounted on the vehicle, each of said sensors providing
`
`a measurement related to a state of said sensor or a measurement related to a state
`
`of the mounting location.” Asano discloses this element. Asano’s system utilizes
`
`multiple “sensors” to “sense … operating conditions” of vehicle components. (Ex.
`
`1002 at col. 6:20-33; see also id. at col. 2:12-14; col. 6:15-35.)
`
`43. Claim 2 additionally requires “a processor coupled to said sensors and
`
`arranged to receive data from said sensors and process the data to generate the
`
`output indicative or representative of the state of the vehicle or the state of a
`
`component of the vehicle.” Asano also discloses this element. Asano describes a
`
`“vehicle mounted station” that “detect[s] operating conditions of the vehicle” (Ex.
`
`1002 at col. 2:12-15) and determines if an “abnormality” exists (id. at col. 3:10-
`
`11). This “vehicle mounted station” receives input from “detecting means,” such as
`
`“sensors.” (Id. at col. 2: 25-30; col. 6:20-33.) Asano’s “vehicle mounted station”
`
`includes a “computer 105 on the vehicle side” with a “CPU 7.” (Id. at col. 6:14-
`
`18.) One of ordinary skill in the art would have understood that a “CPU” (central
`
`
`
`21
`
`
`
`
`
`processing unit) is a processor. After receiving the sensor signals, the vehicle-
`
`mounted computer makes “a basic abnormal diagnosis” and outputs an “abnormal
`
`code” if a component failure is detected. (Id. at col. 8: 65 – col. 9:18.)
`
`(3) Asano discloses all the elements of claim 10
`44. Claim 10 of the ’697 patent depends on claim 1 and further requires
`
`(i) “a plurality of sensors mounted at different locations on the vehicle, each of said
`
`sensors providing a measurement related to a state of said sensor or a measurement
`
`related to a state of the mounting location”; and (ii) “a processor coupled to said
`
`sensor systems and arranged to diagnose the state of the vehicle or the state of the
`
`component of the vehicle based on the measurements of said sensors.” Asano
`
`discloses these elements for the same reasons I set forth in connection with claim
`
`2, above.
`
`(4) Asano discloses all the elements of claim 18
`45. Claim 18 of the ’697 patent depends on claim 1 and further requires
`
`“a warning device coupled to said diagnostic system for relaying a warning to an
`
`occupant of the vehicle relating to the state of the vehicle or the state of the
`
`component of the vehicle as diagnosed by said diagnostic system.” In my opinion,
`
`Asano discloses this element for the same reasons I described above in connection
`
`with claim 5, above.
`
`(5) Asano discloses all the elements of claim 21
`
`
`
`22
`
`
`
`
`
`46. Claim 21 is an independent method claim that is comprised of steps
`
`that generally track the limitations of independent apparatus claim 1. Specifically,
`
`claim 21 has three elements: [a] “diagnosing the state of the vehicle or the state of
`
`a component of the vehicle by means of a diagnostic system arranged on the
`
`vehicle”; [b] “generating an output indicative or representative of the diagnosed
`
`state of the vehicle or the diagnosed state of the component of the vehicle”; and [c]
`
`“transmitting the output indicative or representative of the diagnosed state of the
`
`vehicle or the diagnosed state of the component of the vehicle from the vehicle to a
`
`remote location.”
`
`47. For the reasons already set forth above, Asano discloses each of the
`
`elements of claim 21. Asano discloses an on-board diagnostic system that receives
`
`data from various sensors, diagnoses whether an abnormal condition exists, and
`
`outputs an abnormality code representative of the abnormal condition. (See
`
`Section IV.B.(1).(a).) Asano also discloses a communications device that
`
`transmits diagnostic information, including the abnormality code output, to a
`
`remote facility. (See Section IV.B.(1).(b).)
`
`(6) Asano discloses all the elements of claim 26
`
`
`
`48. Claim 26 of the ’697 patent depends on claim 21 and further requires
`
`“arranging a display in the vehicle in a position to be visible from the passenger
`
`compartment; and displaying the state of the vehicle or the state of a component of
`
`
`
`23
`
`
`
`
`
`the vehicle on the display.” Asano discloses this element for the same reasons set
`
`forth in connection with claim 5, above.
`
`(7) Asano discloses all the elements of claim 27
`49. Claim 27 of the ’697 patent depends on claim 21 and further requires
`
`“relaying a warning to an occupant of the vehicle relating to the state of the
`
`vehicle.” Asano discloses this element for the same reasons set forth in connection
`
`with claims 5 and 18, above.
`
`(8) Asano discloses all the elements of claim 32
`50. Claim 32 of the ’697 patent depends on claim 21 and further requires
`
`(i) “mounting a plurality of sensors on the vehicle, measuring a state of each sensor
`
`or a state of the mounting location of each sensor”; and (ii) “diagnosing the state of
`
`the vehicle or the state of a component of the vehicle based on the measurements
`
`of the state of the sensors or the state of the mounting locations of the sensors.”
`
`Asano discloses these elements for the same reasons set forth in connection with
`
`claim 2, above.
`
`(9) Asano discloses all the elements of claim 61
`51. Claim 61 of the ’697 patent depends on claim 21 and further requires
`
`“automatically establishing a communications channel between the vehicle and the
`
`remote facility without manual intervention to thereby enable the output to be
`
`transmitted from the vehicle to the remote facility.” Asano discloses this element
`
`
`
`24
`
`
`
`
`
`for the same reasons I described above in connection with the “communications
`
`device” element of claim 1.
`
`C. Anticipation by Fry, “Diesel Locomotive Reliability
`Improvements by System Monitoring”
`52. Fry, entitled “Diesel Locomotive Reliability Improvements by System
`
`Monitoring,” was published as part of the Proceedings of the Institution of
`
`Mechanical Engineers (Part F) in the Journal of Rail and Rapid Transit, Volume
`
`209, on January 1, 1995. As a result, I understand that Fry is prior art to the ’697
`
`patent because it was published prior to the earliest application to which the ‘697
`
`claims priority.
`
`29. Fry generally relates to a train with an on-board diagnostic system that
`
`includes “a computer that continuously monitors the condition of the vehicle
`
`through sensors at key points.” (Ex. 1003 at Abstract.) Although Fry relates to a
`
`train, rather than an automobile, a person of skill in the a
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
