Paper No. UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD

Transcription

1 Paper No. UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD TRW AUTOMOTIVE U.S. LLC Petitioner v. MAGNA ELECTRONICS INCORPORATED Patent Owner Case IPR Patent 8,686,840 PETITION FOR INTER PARTES REVIEW Filed Electronically under 37 C.F.R. 42.6(b) and addressed to: Mail Stop PATENT BOARD, PTAB Commissioner for Patents P.O. Box 1450 Alexandria, VA

2 TABLE OF CONTENTS Page I. INTRODUCTION AND EXHIBITS... 1 II. THRESHOLD ISSUES... 1 A. Challenge/Relief Request Rules 42.22(a)(1) and (b)(1)- (2)... 1 B. Standing - Rule (a)... 2 C. Real Party in Interest - Rule 42.8(b)(1)... 3 D. Other Proceedings - Rule 42.8(b)(2)... 3 E. Counsel - Rule 42.8(b)(3)... 4 F. Service - Rule 42.8(b)(4)... 4 G. Fees - Rule H. Certification of Service Rules 42.6(e)(4)(iii) and (a)... 5 III. Claim Construction - Rule (b)... 5 IV. A. Legal Standard For Inter Partes Review... 5 B. data... 5 C. digital circuitry... 5 D. wherein said control at least one of [A]sends data to at least one other accessory or system of the equipped vehicle via a vehicle network of the equipped vehicle and [B]receives data from at least one other accessory or system of the equipped vehicle via said vehicle network of the equipped vehicle [emphasis added] E. vehicle network... 7 Statement of Reasons For The Relief Requested Showing That There Is A Reasonable Likelihood that the TRW Will Prevail - Rules 42.22(a)(2) and 104(b)(4); 35 U.S.C. 314(a)... 8 A. Background and Introduction Accessory System The Original Prosecution State of the Art i-

3 TABLE OF CONTENTS (continued) Page a. Deline Earliest Priority Date For All Claims Is March 28, B. Grounds of Rejection Ground 1: Claims 1, 4, 6-9, 18-20, and are obvious a. Background determinations, per KSR V. CONCLUSION ii-

4 TABLE OF AUTHORITIES Page(s) Cases Connell v. Sears, Roebuck & Co., 722 F.2d 1542 (Fed. Cir. 1983) Finisar Corp. v. DirecTV Group, Inc., 523 F.3d 1323 (Fed. Cir. 2008) Graham v. John Deere Co., 383 U.S. 1 (1966) Holmer v. Harari, 681 F.3d 1351 (Fed. Cir. 2012) KSR Int l Co. v. Teleflex Inc., 550 U.S. 398 (U.S. 2007)... 12, 13 Magna Electronics Inc. v. TRW Automotive Holdings Corp., et al., Case No. 1:14-cv (W.D. Mich. 2014)... 3 In re Morris, 127 F.3d 1048 (Fed. Cir. 1997)... 5, 6 Winner Int l Royalty Corp. v. Wang, 202 F.3d 1340 (Fed. Cir. 2000)... 13, 40 Statutes 35 U.S.C , U.S.C U.S.C. 314(a)... 8 Other Authorities 37 C.F.R. 42.6(e)(3) C.F.R. 42.6(e)(4)(iii) and (a) iii-

5 37 C.F.R. 42.8(b)... 3, 4 37 C.F.R (A)(2) and 104(B)(4) C.F.R (e) C.F.R C.F.R , 5 37 C.F.R (b) iv-

6 I. INTRODUCTION AND EXHIBITS TRW Automotive U.S. LLC (TRW) seeks inter partes review to invalidate certain claims of United States Patent No. 8,686,840 (the 840 Patent) titled ACCESSORY SYSTEM FOR VEHICLE. A copy of the 840 Patent is attached as Exhibit The technology at issue pertains to a vehicle network, such as a Car Area Network or CAN, connecting a camera and another accessory on the network. The camera is mounted behind the windshield to provide a forward facing view. A microprocessor-based control governs sending of data on the vehicle network between the camera and at least one other system accessory. The 840 Patent was filed on January 25, 2013 and issued on April 1, The 840 Patent remains active under 35 U.S.C II. THRESHOLD ISSUES A. Challenge/Relief Request Rules 42.22(a)(1) and (b)(1)-(2) TRW requests inter partes review and invalidation of claims 1, 4, 6-9, 18-20, and of the 840 patent. The bases for this request are summarized below: 1 A full listing of all exhibits, per Rule 42.63(e) is provided as Exhibit Citations to exhibits are formatted as follows: xxxx-yyy with xxxx and yyy representing the exhibit number and page number respectively. 1

7 Ground 840 Claims Basis For Rejection 2 1 1, 4, 6-9, 18-20, and U.S.C. 103(a) as obvious over Deline 3, Schofield 4 and Irish 5 B. Standing - Rule (a) TRW certifies that the patent for which review is sought is available for inter partes review, and that TRW is not barred or estopped from requesting an inter 2 All references presented in this table published more than one year prior to March 28, 2001, which is the earliest possible priority date that Magna could assert. These references are applicable as one-year prior art as provided in 35 U.S.C. 102(b) and 103(a). 3 Deline et al., European Patent Application EP A1 for Modular rearview mirror assembly, published March 3, 1998, (Exhibit 1011). 4 United States Patent No. 5,796,094 for Vehicle headlight control using imaging sensor issued to Schofield et al. on August 18, 094, corresponding to United States Patent Application Serial No. 08/621,863, (Exhibit 1012). 5 Irish Patent Application No entitled A Vehicle Rearview Mirror and A Vehicle Control System Incorporating Such Mirror, published July 7, 1998, (Exhibit 1013). 2

8 partes review challenging the patent claims on the grounds raised herein. C. Real Party in Interest - Rule 42.8(b)(1) TRW certifies that TRW Automotive U.S. LLC is the real party-in-interest, and further certifies that no other party exercised control or could exercise control over TRW s participation in this proceeding, the filing of this petition, or the conduct of any ensuing trial. D. Other Proceedings - Rule 42.8(b)(2) TRW is a respondent in an action filed by Magna Electronics Corporation ( Magna ) before the United States International Trade Commission ( ITC ), In the Matter of Certain Vision-Based Driver Assistance Systems Cameras and Components Thereof, Investigation No. 337-TA-907. Magna filed the ITC complaint on December 23, 2013, and the 840 patent was added to the proceeding on April 10, TRW Automotive U.S. LLC is the respondent in the ITC action. A decision on this Petition might affect or be affected by the ITC action. The 840 Patent is also at issue in Magna Electronics Inc. v. TRW Automotive Holdings Corp., et al., Case No. 1:14-cv (W.D. Mich. 2014). The complaint alleging infringement of the 840 Patent was served on June 18, In addition to TRW, two other defendants in the case include: TRW Automotive Holdings Corp. and TRW Vehicle Safety Systems Inc. Both entities 3

9 are corporations related to TRW. A decision on this Petition might have an effect on or be affected by that action. E. Counsel - Rule 42.8(b)(3) TRW designates counsel as follows: lead counsel is Timothy K. Sendek (Reg. No. 64,542); back-up counsel are Allan Sternstein (Reg. No. 27,396), A. Justin Poplin (reg. No. 53,476, and Dan Cleveland Jr. (Reg. No. 36,106). F. Service - Rule 42.8(b)(4) Papers concerning this matter should be served on the following: By Mail LATHROP & GAGE LLP IP Docketing, Inter Partes Review 2345 Grand Blvd., Ste Kansas City, Missouri By Patent@LathropGage.com; TSendek@LathropGage.com; ASternstein@LathropGage.com; JPoplin@LathropGage.com; DCleveland@LathropGage.com TRW s lead counsel may also be contacted by phone at (312) G. Fees - Rule The undersigned authorizes the Office to charge the required fees as well as any additional fees that might be due to Deposit Account No

10 H. Certification of Service Rules 42.6(e)(4)(iii) and (a) TRW certifies that a copy of this Request has been served in its entirety on the Patent Owner at the address provided for in 37 C.F.R. 42.6(e)(3). Specifically, this Petition for Inter Partes Review is being served on the correspondent of record for the 840 Patent: Gardner, Linn, Burkhart & Flory, LLP; 2851 Charlevoix Dr., SE, Suite 207; Grand Rapids, MI III. CLAIM CONSTRUCTION - RULE (b) A. Legal Standard For Inter Partes Review A claim in an unexpired patent shall be given its broadest reasonable construction in light of the specification of the patent in which it appears. 37 C.F.R (b); In re Morris, 127 F.3d 1048, (Fed. Cir. 1997). B. data The term data appears in claims 1, 30, and 37. The word requires construction because it is unclear whether data includes command instructions. Data should be construed as: Any representation of characters or analog to which meaning, if not information, may be assigned. (McGraw at ). This encompasses data as input for computer processing, as well as programmed commands. C. digital circuitry The term digital circuitry appears in claim 1, 30, and 37. The term requires construction because the art recognizes a distinction between digital and 5

11 analog signals. A digital system represents information with discrete symbols (of which digits are a special case) rather than with a continuously varying quantity, as in an analog system. Most digital systems use just two symbols, often denoted by the binary digits (or bits) zero and one, to represent all information. (Dally at ). IEEE defines digital data as data in the form of digits or interval quantities, contrasted to analog data. ( ). A digital data circuit is a circuit that transfers data in a digitally encoded form. (Id.). Accordingly, TRW proposes a construction of digital circuitry as circuitry that operates using signals with discrete symbols, such as the digits 0 and 1. D. wherein said control at least one of [A]sends data to at least one other accessory or system of the equipped vehicle via a vehicle network of the equipped vehicle and [B]receives data from at least one other accessory or system of the equipped vehicle via said vehicle network of the equipped vehicle [emphasis added]. This phrase appears in claims 1, 30, and 37. The phrase contains multiple uses of alternative language, indicated by underlining in the passage above. In context, the claim defines an accessory as a camera, and so the other accessory or system should be something other than the camera. The language at least one of appears three times but the objects of this language are unclear. Specifically, the control takes at least one of two actions including the sending or receiving of data, but it is confusing where each instance of this sending or receiving of data may be performed by at least one of one other accessory or system of the 6

12 vehicle. Where the action is being performed by this other accessory, the other accessory is claimed by implication in the action it carries out, but is not separately identified as a structural element. The list of system accessories includes at least: (1) the camera, (2) the control itself, which by differentiation with respect to claim 29 may or may not be part of the camera, and (3) the other accessory. TRW proposes a first alternative that this limitation means the control [A] sends data to an accessory or system of the vehicle other than the accessory which is a camera, or [B] receives data from another accessory or system of the vehicle other than the accessory which is a camera. If the Board does not accept TRW s first proposal then TRW proposes an alternate construction in which the control [A] sends data to an accessory or system of the vehicle other than the accessory which is the control, or [B] receives data from another accessory or system of the vehicle other than the accessory which is the control. E. vehicle network This term appears in claims 1, 30 and 37. The claim indicates that a network includes at least two network components residing in a vehicle. (See at 8:30-35). TRW proposes that a vehicle network is a network residing in or on a vehicle, where the network is any set of devices or subsystems connected by links joining a set of terminal nodes. ( ). A vehicle network may also be a 7

13 network designed for use in a vehicle or routinely used in a vehicle, such as a CAN or a vehicle area network (VAN). IV. STATEMENT OF REASONS FOR THE RELIEF REQUESTED SHOWING THAT THERE IS A REASONABLE LIKELIHOOD THAT THE TRW WILL PREVAIL - RULES 42.22(a)(2) AND 104(b)(4); 35 U.S.C. 314(a) A. Background and Introduction 1. Accessory System The challenged claims relate to an accessory system for a vehicle. The 840 patent describes a rearview mirror assembly. ( at 3:20-29). The mirror assembly may include a microcontroller 20 controlling a camera. ( at 4:60-63). The microcontroller 20 may contain a microprocessor. ( at 3:44). A bus interface 32 connects to a vehicle network, which may be a Car (a/k/a Controlled) Area Network (CAN), or other conventional vehicle network. ( at 3:45-56; see also at Fig. 3). 2. The Original Prosecution Claims of the original application were rejected only for obviousness-type double patenting over the claims of U.S. patent nos. 8,362,885; 8,044,777; 7,679,488; 7,233,230; 6,970,073; 6,639,519; and 6,396,408 all patents listed in applicant s claim to priority. ( ; left column). The applicant responded with a terminal disclaimer. ( ). No rejection over other art was made. 8

14 Many prior art references were cited during prosecution of the 840 Patent ( to ). However, Deline (1011) was not brought to the attention of the Examiner, even though Niall Lynam is a named inventor on both Deline and the 840 Patent. 6 ( ; ) Deline claims priority to United States Application Serial No , ( ), which corresponds to US 6,124,886 ( 886 Patent). The 866 Patent is listed as prior art on the face of the 840 Patent. 7 ( ). However, the Deline is assigned on its face to Donnelly Corporation of Holland, Michigan, whereas the 840 patent is assigned to Magna Electronics, Inc. of Auburn Hills, Michigan. These are closely related entities. Inventors Drummond and Lynam initially assigned the 840 patent to Donnelly Corporation of Holland, Michigan in an assignment recorded on February 5, ( ). This assignment was recorded simultaneously with a change of name from Donnelly Corp. to Magna Donnelly Corporation ( ), and another change of name from Magna Donnelly Corporation to Magna Mirrors of America, Inc. ( ). Also recorded on February 5, 2014 was an assignment from Magna Mirrors of America, Inc. to Magna Electronics Inc.( ) the current patent owner. 7 The 866 Patent was one of over 500 references cited, which might explain why it was overlooked. Deline was never cited and, moreover, was not merely 9

15 Patent issued with publication on September 26, 2000 six months after the 840 Patent s claimed March 31, 2000 priority date. ( ). Thus, the 886 Patent is prior art under 102(a) and (e). On the other hand, Deline is prior art under 102(b), having published in Europe on March 3, 1999 more than one year prior to the 840 Patent s claimed priority date. The dates are important. While it is sometimes possible to avoid 102(a) and 102(e) art based upon date of invention, 102(b) art remains prior art regardless of the invention date. Although presented under 103, Deline may well be anticipatory 102(b) prior art because it describes the invention claimed the 840 Patent and was published as a foreign patent more than one year before the priority date of the 840 patent. See Finisar Corp. v. DirecTV Group, Inc., 523 F.3d 1323, 1334 (Fed. Cir. 2008). Deline incorporates additional documents to provide a single prior art disclosure of all elements of [the] claimed invention arranged as in the claim. Connell v. Sears, Roebuck & Co., 722 F.2d 1542, 1548 (Fed. Cir. 1983). The claims of the 840 Patent would not have been allowed if Deline had been considered. cumulative with respect to the 886 Patent due to the distinction between 102(e) and 102(b). 10

16 3. State of the Art a. Deline Deline describes a networkcompatible rear view mirror assembly, which is exemplified in the embodiment shown to the right. ( ) The mirror assembly incorporates a rain sensor 505 that is optionally a forwardfacing video camera used to visually detect the presence of moisture on the windshield[.] ( at 41-53). The Deline mirror assembly transmits data to system components through a CAN. ( at 17-20). Deline incorporates Irish (1013) by reference to expand the networking discussion of how the CAN transmits data. ( at 17-20). For validity, publications incorporated by reference are assessed for what they teach one of ordinary skill. See Holmer v. Harari, 681 F.3d 1351, 1357 (Fed. Cir. 2012). 4. Earliest Priority Date For All Claims Is March 28, While the 840 patent claims priority to Provisional Application No. 60/196,577 filed March 31, 2000, Magna had to concede in related ITC proceedings that March 28, 2001 is the effective priority date (IROG at ) 11

17 because the provisional application does not disclose what is claimed, including at least a controller that both controls a forward facing camera and transmits data between this camera and another system. ( 577 FH Ex. 1008; HK Dec. 27, 28). B. Grounds of Rejection Ground 1: Claims 1, 4, 6-9, 18-20, and are obvious. Claims 1, 4, 6-9, and are obvious under 103(a) over Deline (1011) in view of Irish (1013) and Schofield (1012). Obviousness is evaluated by: (1) determining the scope and content of the prior art, (2) ascertaining the differences between the prior art and the claims at issue, and (3) resolving the level of ordinary skill in the art. KSR Int l Co. v. Teleflex Inc., 550 U.S. 398, 406 (U.S. 2007) (quoting Graham v. John Deere Co., 383 U.S. 1, (1966)). Against this background, the obviousness or nonobviousness of the subject matter is determined. Id.. KSR establishes that the ultimate obviousness inquiry is whether the improvement is more than the predictable use of prior art elements according to 8 The following discussion proceeds element-by-element for each challenged claim. The exact claim limitation is presented as a heading in italics. In each instance, the ensuing discussion states with particularity where structure corresponding to the claim element is found. 12

18 their established functions. KSR, 550 U.S. at 417. a. Background determinations, per KSR Scope and Content of the Prior Art, and Differences between Prior Art and Claims Deline incorporates Schofield and Irish by reference. Structure corresponding to certain claim limitations is found in the incorporated references. For example, Schofield (1012) discloses a forward-facing camera. ( at [0085]). Irish (1013) shows that a microprocessor may communicate with and/or control multiple devices ( at [0091]) and the use of a controller area network or CAN. ( at [0097]). The motivation to combine these references flows from Deline s express incorporation of teachings from Schofield and Irish. Winner Int l Royalty Corp. v. Wang, 202 F.3d 1340, 1348 (Fed. Cir. 2000) ( Evidence of a suggestion, teaching, or motivation to combine prior art references may flow, inter alia, from the references themselves. ). This is presently the case where the rationale to combine flows from Deline s express incorporation by reference. (HK Dec. 45). Moreover, even if Deline did not provide a motivation to combine these references, the combination would still be obvious under KSR because what is claimed in the 840 Patent represents nothing more than an unremarkable collection of known parts used for their intended purpose with no surprising result in the combination. (HK Dec. 46, 47). 13

19 Level of Ordinary Skill. The person of ordinary skill in the art at the time of the purported invention would have had an undergraduate degree in electrical or mechanical engineering and at least two years of work experience making automobile accessory systems, or the equivalent. (HK Dec. 25). 1. An accessory system for a vehicle, said accessory system comprising: Deline discloses the claimed system as a modular rearview mirror assembly that corresponds structurally to the preamble of claim 1. A modular rearview mirror assembly (300) for vehicles incorporates one or more integrated subassembly modules or carrier members (310) to which are connected separate electrical components such as lamps (130), reflectors (314, 316), switches (408), plug receptacles and the like to simplify mirror assembly and provide integral support, electrical connections, and an electrical distribution network for the mirror assembly having added, electrically operated features.... The electrically operated features may include video cameras, rain and other detectors, electrooptic reflective elements, blind spot detection systems, information displays, headlamp controllers, cellular phones, transmitters, receivers, compasses, computers, printers, and the like. ( ). an accessory disposed at and behind a windshield of a vehicle equipped with said accessory system; 14

20 Deline discloses the claimed accessory as a rearview mirror assembly. Deline states that modular rearview mirror assembly 500 includes a mirror case 502, with a bezel 501 and reflector 504 supported therein, and a pod 506 both of which are mounted to a window button 500a adhered to windshield W by a mirror mount 526. ( at [0085]). As shown in Fig. 47 ( reproduced to the right) the rearview mirror assembly 500 (the accessory as claimed) is disposed at and behind the inside surface of the windshield W. wherein said accessory comprises a forward facing camera, said forward facing camera viewing through the windshield of the equipped vehicle; Deline discloses that the rearview mirror assembly includes a forward facing camera viewing through the windshield of the vehicle, as claimed. For example, in describing rain sensor 505, Deline states, a mirror mounted video camera can be used to visually detect the presence of moisture on the windshield, and actuate the 15

21 windshield wipers accordingly, such as is described in co-pending U.S. Patent Application Serial No. 08/621,863, filed March 25, 1996, entitled VEHICLE HEADLIGHT CONTROL USING IMAGING SENSOR, by Schofield et al., which is hereby incorporated by reference herein. ( at [0085]). At the time the purported invention, a person of ordinary skill in the art would have used the guidance provided by Deline s incorporation of Schofield to assess the nature of a camera that may be used compatibly with Deline s rearview mirror system. (HK at 40). Schofield (1012) is the patent that issued from the referenced application 08/621,863 that Deline incorporated by reference and reproduces the disclosure of application 08/621,863. ( ). Schofield issued on August 18, 1998, which was more than one year before the critical date for the 840 patent. (Id.). Schofield was incorporated to expand Deline s disclosure of a camera-based moisture sensor. Fig. 1 from Schofield is reproduced to the right. ( ). Dimming control 12 has a forward field of view through the windshield 32. Schofield discloses that vehicle headlamp dimming control 12 (shown supra), includes an imaging sensor module 14, which senses light from a scene 16

22 forward of vehicle 10. ( at 3:35-40). As depicted in Fig. 9 below, video camera 14c is part of the vehicle headlamp dimming control 12. ( ). This device may be operated as a rain sensor to sense fog or light rain and, consequently, activate fog lights, inhibit switching to high beams, or perform other control functions. ( at 11:25-30). The capability of the invention to detect rain on the vehicle s windshield could be used to control the vehicle s windshield wipers both between OFF and ON conditions and to establish a frequency of intermittent operation. (Id. at 12:42-46). Thus, this limitation is 17

23 taught by Deline expressly and the teaching is enhanced by the incorporated disclosure of Schofield. If Deline does not expressly disclose this limitation, one of ordinary skill in the art at the time of the purported invention would have found it obvious to combine Schofield with Deline. (HK Dec. 45, 46, 47). Indeed, Deline expressly incorporates Schofield for its teaching of a mirror mounted camera, which provides an express motivation to combine the references. ( at [0085]). Moreover, given Deline s express instruction to combine, nothing unexpected could happen if the Schofield video camera were incorporated into the Deline assembly moisture could be detected on a windshield and wipers could be activated. (HK Dec. 46). That is, each component would work precisely as expected and as taught by Deline. a control; wherein said control comprises digital circuitry and a microcontroller; Deline discloses a control that comprises digital circuitry and a microcontroller including a microprocessor. For example, Deline discloses that [i]t is beneficial to use a microprocessor to control multiple functions within the interior mirror assembly and/or within other areas of the vehicle (such as the header console area), and such as is described in Irish Patent Application Serial 18

24 No , entitled A Vehicle Rearview Mirror and A Vehicle Control System Incorporating Such Mirror, filed January 9, 1997, the disclosure of which is hereby incorporated by reference herein. ( at [0091]; HK Dec. 42). Further, Deline discloses that [s]uch microprocessor can, for example, control the electrochromic dimming function, a compass direction display, an external temperature display, and the like. (Id.). A person of ordinary skill in the art understands that a microprocessor must include digital circuitry. (HK Dec. 37). Additionally, Schofield, which is incorporated by Deline to add detail to the disclosed rain detection camera, teaches that the forward facing camera is controlled by control circuit 13. (See at 3:36-61). Schofield states that [d]igital signal processor 13 may be implemented using discrete digital circuit modules or with a suitable programmed micro-processor with input and output buffers. ( at 5:46-49). This discloses a control comprising digital circuitry and a microprocessor. At the time of the purported invention, it would have been obvious to a person of ordinary skill in the art to combine Schofield with Deline because, as noted above, Deline expressly suggests that combination. ( at [0085]). Moreover, it was routine to use a microprocessor having digital circuitry to control the features of an accessory. This constituted nothing more than applying known technology to produce an expected result. (HK Dec. 46, 47). 19

25 At the time the purported invention, a person of ordinary skill in the art would have used the guidance provided by Deline s incorporation of Irish to assess the nature of a microprocessor that may be used compatibly with Deline s rearview mirror system. (HK Dec. at 43). Combining Schofield and Irish with Deline as taught by the express incorporation of Deline would have predictably resulted in an accessory comprising a camera being able to communicate with other accessories or systems over a wire. Nothing unexpected happened when a microprocessor control was used to control a camera. Nothing unexpected happened when the Schofield video camera was incorporated into the Deline assembly moisture could be predictably detected on a windshield and the wipers or sunroof could be activated. (HK Dec. 45, 46, 47). wherein said microcontroller controls at least one of (i) said forward facing camera, (ii) an actuator of the equipped vehicle, (iii) a garage door opener of the equipped vehicle, (iv) an electro-optic rearview mirror assembly of the equipped vehicle, (v) a digital sound processor of the equipped vehicle, (vi) a display of the equipped vehicle and (vii) lighting of the equipped vehicle; Deline teaches at least the microcontroller controlling (i) the forward facing camera. After teaching that a rain sensor could be the forward facing video camera disclosed in Schofield, Deline specifically discloses circuitry to control the rain sensor. Deline states, where the circuitry to control rain sensor 505 and other 20

26 electrical and/or electronic devices... are commonly housed in or on rearview mirror assembly 500 and wholly or partially share components on common carrier member or circuit board 510. ( at [0086] (emphasis added)). Thus, a camera control was taught by Deline. Deline s disclosure would have enabled one of skill in the art at the time of the purported invention to make what was disclosed because it would have been a routine matter to assemble the disclosed circuit from commercially available components. (HK Dec. 47). Deline incorporates Schofield by reference to add detail about the camera rain detection system. (See at 3:36-61). A person of ordinary skill in the art at the time of the purported invention would have used this incorporation as guidance to assess the nature of a camera that is compatible with Deline s rearview mirror system. Schofield Fig. 9, 9 reproduced below, shows a control controlling a forward facing video camera 14c. As shown, detection control 72 sends control signals through the node labeled control to the video camera 14c and analog to digital converter 66. As depicted, these elements are part of a larger control system 12 that includes imaging control Fig. 9 is introduced at at 9:1, and the explanation of rain identification follows at at 11: Use of the system to control windshield wipers is described at 12:

27 ( ). Schofield also states, [a] detection control circuit 72 supplies control and timing signals on a line 74 which is supplied to array 38, A/D converter 58, taillight detection circuit 76, headlight detection circuit 78, and ambient sense logic 84. Such signals coordinate the activities of these modules and provide any data from look-up tables provided in control circuit 72, needed by each circuit to perform its function. ( at 4:52-59). Fig. 3 of Schofield, reproduced below, shows detection control circuit 72 supplying control/timing/data to array

28 ( ). Schofield also describes the operation of imaging control circuit 13 as the circuit provides control to the array: Digital signal processor 13a captures a frame of data by enabling photosensor array 38a for a particular exposure period during which each photosensor element 42 accumulates photons. In order to detect oncoming headlights, digital signal processor 13a enables photosensor array 38a for a first exposure period. In order to detect leading taillights, digital signal processor 13a enables photosensor array 38a for a second exposure period. ( at 5: 59-62). 23

29 This meets the definition of a control, since the digital signal processor (a class of microprocessor) programmatically enables the photosensor array for different exposure periods allocated to the detection of headlights versus taillights. It would have been obvious at the time of the purported invention for a person of ordinary skill in the art to combine Schofield with Deline because Deline taught as much. Moreover, nothing unexpected would happen if a control were used to control a camera such is precisely how cameras work. (HK Dec. 45, 46, 47). wherein said control is operable to at least one of send data to and receive data from at least one other accessory or system of the equipped vehicle via a vehicle network of the equipped vehicle; and Deline teaches a control that exchanges data with another accessory or system as claimed. Deline teaches a mirror mounted video camera can be used to visually detect the presence of moisture on the windshield, and actuate the windshield wipers as described in Schofield. ( at [0085]). Deline s rain sensor control could also control the defogger function to defog condensed vapor on the inner cabin surface... or rain sensor control circuitry 505a may be coupled to a sunroof to close the sunroof or any other movable glazing should rain conditions be detected. ( at [0086]). It follows that once moisture is 24

30 detected, data would need to be sent to the wiper or defogger or sunroof to activate that accessory or system. Deline promotes shared components within the same housing around the camera and associated control circuitry ( to at [0087] to [0088], [0091]), and that a car area network, as disclosed in Irish, can advantageously be used to connect features or components. ( at [0097]). Deline incorporated Irish to show a microprocessor-based control exchanging data with other system accessories, stating [i]t is beneficial to use a microprocessor to control multiple functions within the interior mirror assembly and/or within other areas of the vehicle (such as the header console area), and such as is described in Irish Patent Application Serial No ( at [0091]). This manner of control includes sending and receiving data to other accessories from the microprocessor to other such vehicle accessories as the electrochromic dimming function, a compass direction display, an external temperature display, and the like. ( at [0091]). At the time of the purported invention, a person of ordinary skill in the art following the guidance provided by this incorporation by reference would have consulted Irish to provide additional detail concerning the use of a microprocessor to control multiple functions, implicating also network communications. Irish is representative of how one of skill in the art at the time of the purported invention 25

31 understood the function and operation of a car area network. (HK Dec. 44). Irish explains: a vehicle control system comprises a network of nodes 10 distributed about the vehicle 11. Each node 10 controls the operation of particular part of the vehicle, e.g., the engine, brakes, door locks, etc.... Each node 10 in the network communicates with each other node using an industry standard CAN (Controller Area Network) network protocol. ( at lines 22-34). Irish further explained that those of skill in the art would have understood that various other vehicle components and systems may be associated with the vehicle control system, such as a rain sensor. ( at 18-27). Irish teaches that a sun-roof control module is a node on the network at The sun-roof control module (SRCM) receives and transmits data in bits. ( at at 11). The temperature of the vehicle can be relayed by the UEM [Upper Electronics Module] controller to any other nodes across the network. For example, if the temperature of the cabin rose to dangerous levels while the vehicle were stationary and the presence of a child in the vehicle were detected by a seat indicator (see below), the sun-roof could be instructed to open slightly by the UEM controller 22. ( at 3-11). One of ordinary skill in the art would have understood that, at the time of the purported invention, the rain sensor accessory would have sent data to the sun-roof control module over 26

32 the CAN network to similarly close the sun-roof, as described in Deline. ( at [0086]; HK Dec. 43). Moreover, if Deline does not anticipate, combining Irish with Deline renders this element obvious. Deline teaches to use the moisture sensor to control the wiper, defogger and sunroof. Deline communicates to accessories or systems via a car area network such as is described in Irish Patent Application No entitled A Vehicle Rearview Mirror and A Vehicle Control System Incorporating Such Mirror, application date January 9, 1997, the disclosure of which is hereby incorporated by reference herein[.] ( at [0097]). Irish, as noted above and as understood from the perspective of ordinary skill in the art at the time of the purported invention, teaches to send data from a node, like the accessory comprising the camera described above, to a node at another accessory or system, like the sunroof or wiper, that receives the data. (HK Dec. 33, 34, 35, 43). Deline s teaching to incorporate Irish is an express motivation to combine. Once the teaching of Deline is combined with Irish, this claim element is unmistakably present. As one would expect when there is an express teaching to combine the references, nothing unexpected happens when the teachings of Irish are combined with Deline a known automotive communication system (CAN) works exactly as intended to communicate data from a moisture detecting camera 27

33 to an accessory, such as a sunroof or wiper, that responds to the data by closing the sunroof if it is open or by actuating the wipers. (HK Dec. 43). wherein said at least one other accessory or system of the equipped vehicle comprises at least one of (i) an electro-optic exterior rearview mirror assembly, (ii) an antenna, (iii) a memory system, (iv) a sensor, (v) an alarm, (vi) a controller, (vii) a transmitter, (viii) a garage door opener and (ix) a mechanical system. Deline discloses that the other accessory or system includes at least (vi) a controller and (ix) a mechanical system, as claimed. The forward facing camera may be a video camera that can be used to visually detect the presence of moisture on the windshield, and actuate the windshield wipers accordingly. ( at 86). The actuation of windshield wipers is understood to operate through a controller that controls operation of the windshield wipers. (HK Dec. 43). The windshield wipers also constitute a mechanical system that responds to an actuation signal from the camera. Deline s rain sensor control governed other mechanical systems. The control could also control the defogger function to defog condensed vapor on the inner cabin surface... or rain sensor control circuitry 505a may be coupled to a sunroof to close the sunroof or any other movable glazing should rain conditions 28

34 be detected. ( at [0086 ]). Deline promotes shared components within the same housing around the camera and associated control circuitry ( to at [0087] to [0088], [0091]), and that a car area network, as disclosed in Irish, can advantageously be used to connect features or components. ( at [0097]). Irish provides a controller, UEM 40, that provides shared control to a number of system components. This includes control of a remote keyless entry RKE unit. ( The UEM controller is connected to the RKE unit 20 via a two pin jumper JP5, thus connecting RKE unit 20 to the CAN through UEM controller 22. A remote keyless entry system is understood to operate through use of an antenna. (HK Dec. 48). Use of the RKE unit necessarily involves exchanging data through antenna-based communications governed by a controller. (Id.). It would have been obvious to modify the controller of Deline to control also the RKE unit of Irish on a CAN or other vehicle network because Deline teaches the benefit of shared control for multiple electronic devices and expressly incorporates Irish to show the benefit of networking. At the time of the purported invention, a person of ordinary skill in the art would have used the guidance of Deline s incorporation to consult Irish and ascertain the nature of systems that exchange data on the network. (HK Dec. at 44, 29

35 45). In the following passage, Irish teaches the association of even more electrical components under control of the vehicle control system: It will be further appreciated by those skilled in the art that various other vehicle components and systems may be associated with the vehicle control system and/or rearview mirror as described herein. For example, a battery level indicator, various lighting systems, vehicle tyre indicators, blind spot warning data, GPS antenna and directional information, intelligent vehicle highway system information, safety warning system information, rain sensor information provided by windshield contacting or non-contacting sensors, compass information for example from flux gate, magneto inductive or magneto resistive compasses, temperature information, trainable or universal garage door opening systems, vehicle seat positioning and occupancy detection systems, intrusion detection systems, cellular telephone and pager systems, emergency rescue systems, sunroof (which could be electro-optic) control system and memory storage of various functions and data applicable to the above in addition to any other desirable vehicular information. It will also be seen that the vehicle control system can be used to control one or more outside electro-optic, for example, electrochromic mirrors (not shown). This can be achieved by hardwiring the UEM 40 to the or each outside mirror, similar to the way in which the vanity lights are connected to the RCM 42; or by connecting the 10 UEM via the bus UEM_K3 to one or more slave outside mirror controllers (not shown) which control the or each outside mirror; or by connecting the 30

36 UEM via the CAN bus to a another CAN node for controlling the or each outside mirror. ( at 18 to at 14; emphasis added). Irish teaches the addition of even more electrical components into this networked system for exchange of data with the UEM controller. (i) an electrooptic exterior rearview mirror assembly ( electrochromic mirrors ); (ii) an antenna, ( GPS antenna ) (iii) a memory system ( memory storage of various functions ); (iv) a sensor ( rain sensor information provided by windshield contacting or non-contacting sensors ), (v) an alarm ( safety warning system information ), (vi) a controller ( sunroof (which could be electro-optic) control system ), (vii) a transmitter ( cellular telephone and pager systems, emergency rescue systems ), (viii) a garage door opener ( trainable or universal garage door opening systems ), and (ix) a mechanical system ( vehicle seat positioning ). Irish would have been properly combined with Deline to show these things from the perspective of ordinary skill in the art during the relevant timeframe because Deline expressly incorporates Irish to show control of system components by vehicle networking. ( at [0091]). Thus, it is shown that claim 1 is obvious. (HK Dec. at 50). 4. The accessory system of claim 1, wherein said at least one other 31

37 accessory or system of the equipped vehicle comprises a sensor. Claim 4 depends from claim 1. Following Deline s example, the foregoing discussion of claim 1 is incorporated here by reference. Irish would have been properly combined with Deline to show these things from the perspective of ordinary skill in the art during the relevant timeframe because Deline expressly incorporates Irish to show control of system components by vehicle networking. ( at [0091]). Irish teaches that the other accessory or system may be comprised of sensor-based systems including a battery level indicator... vehicle tyre indicators... safety warning system information...rain sensor information... temperature information, vehicle seat positioning and occupancy detection systems, intrusion detection systems. ( at 22-32). Thus, it is shown that claim 4 is obvious. (HK Dec. at 51). 6. The accessory system of claim 1, wherein said at least one other accessory or system of the equipped vehicle comprises a controller. Claim 6 depends from claim 1, the foregoing discussion of which is incorporated here by reference. Deline discloses that the other accessory or system includes a controller. The forward facing camera may be a video camera that can be used to visually detect the presence of moisture on the windshield, and actuate the windshield wipers accordingly. ( at 86). The actuation of 32

38 windshield wipers is understood to operate through a controller that controls operation of the windshield wipers. (HK Dec. 40, 43). The windshield wipers also constitute a mechanical system that responds to an actuation signal from the camera. Deline s rain sensor control governed other mechanical systems. The control could also control the defogger function to defog condensed vapor on the inner cabin surface... or rain sensor control circuitry 505a may be coupled to a sunroof to close the sunroof or any other movable glazing should rain conditions be detected. ( at [0086 ]). Thus, it is shown that claim 6 is obvious. (HK Dec. at 52). Moreover, Irish would have been combined with Deline from the perspective of ordinary skill in the relevant timeframe to show a sun roof control system ( at 34) in association with the vehicle control system ( at 18-22) because Deline expressly incorporates Irish to show control of system components by vehicle networking. ( at [0091]). This includes a sunroof...control system. ( at 34). 7. The accessory system of claim 6, wherein said controller comprise a headlamp controller. Claim 7 depends from claim 1, the foregoing discussion of which is incorporated here by reference. Schofield shows a forward facing camera as a 33

39 component that doubles as a rain or moisture sensor and a headlight control. Deline expressly incorporated Schofield to expand Deline s disclosure of this camera-based moisture sensor. ( at [0085]). A person of ordinary skill in the art at the time of purported invention would have used the guidance of this incorporation to consult Schofield for the nature of a camera that could be used compatibly with the rearview mirror assembly of Deline. Fig. 1 from Schofield is reproduced to the right. ( ). Dimming control 12 has a forward field of view through the windshield 32. Schofield discloses that vehicle headlamp dimming control 12 includes an imaging sensor module 14, which senses light from a scene forward of vehicle 10. ( at 3:35-40). As depicted in Fig. 9 below, video camera 14c is part of the vehicle headlamp dimming control

40 ( ). The Schofield device may be operated as a rain sensor to sense fog or light rain and, consequently, activate fog lights, inhibit switching to high beams, or perform other control functions. ( at 11:25-30). The capability of the invention to detect rain on the vehicle s windshield could be used to control the vehicle s windshield wipers both between OFF and ON conditions and to establish a frequency of intermittent operation. (Id. at 12:42-46). Thus, this limitation is taught by Deline expressly and the teaching is enhanced by the incorporated disclosure of Schofield. Thus, it is shown that claim 7 is obvious. (HK Dec. at 53). 8. The accessory system of claim 1, wherein said at least one other accessory or system of the equipped vehicle comprises a mechanical system. Claim 8 depends from claim 1, the foregoing discussion of which is incorporated here by reference. Deline discloses that the other accessory or system includes at a mechanical system, as claimed. The forward facing camera may be a video camera that can be used to visually detect the presence of moisture on the windshield, and actuate the windshield wipers accordingly. The windshield wipers are the mechanical system as claimed. ( at 86). The actuation of windshield wipers is understood to operate through a controller that controls 35

41 operation of the windshield wipers. (HK Dec. 40, 43). The windshield wipers also constitute a mechanical system that responds to an actuation signal from the camera. Deline s rain sensor control governed other mechanical systems. The control could also control the defogger function to defog condensed vapor on the inner cabin surface... or rain sensor control circuitry 505a may be coupled to a sunroof to close the sunroof or any other movable glazing should rain conditions be detected. ( at [0086]). Thus, it is shown that claim 8 is obvious. (HK Dec. at 54). 9. The accessory system of claim 8, wherein said mechanical system comprises a reverse gear selector. Claim 9 depends from claim 8. Following Deline s example, the foregoing discussion of claim 8 is incorporated here by reference. A person of ordinary skill in the art at the time of purported invention would have understood vis-a-vis Deline s incorporation of Irish that this communication would logically proceed over the CAN network. Deline incorporates Irish to show that a car area network can advantageously be used to connect features or components. ( at [0097]; HK Dec. at 44). A software routine running continually on the controller uses data communications in checking to see whether the vehicle is in 36

42 reverse. ( at 31-35). Thus, it is shown that claim 9 is obvious. (HK Dec. at 55). 18. The accessory system of claim 1, wherein said vehicle network comprises at least one wired connection. Claim 18 depends from claim 1, the foregoing discussion of which is incorporated here by reference. A person of ordinary skill in the art during the relevant timeframe would have consulted Irish to ascertain the nature of the vehicle network. This is because Deline expressly incorporates Irish to show control of system components by vehicle networking. ( at [0091]). The CAN of Irish is a vehicle network utilizing a two-wire bus, which constitutes at least a one wired connection as claimed. ( at 9). Thus, it is shown that claim 18 is obvious. (HK Dec. at 56). 19. The accessory system of claim 18, wherein said vehicle network comprises a protocol selected from the group consisting of a LIN, a CAN and a LAN. Claim 19 depends from claim 18. Following Deline s example, the foregoing discussion of claim 18 is incorporated here by reference. Deline discloses that the vehicle can utilize a car area network such as is described in Irish, which was incorporated by reference for the express purpose of expanding 37

43 the discussion of CAN operation. ( at [0097]). The car area network described by Deline was an industry standard CAN network with a number of nodes distributed around the vehicle for controlling corresponding parts of the vehicle. 10 ( ). Each node 10 in the network communicates with each other node using an industry standard CAN (Controller Area Network) protocol. ( at 32-34). If Deline does not anticipate this element, it would be obvious in light of Irish. As noted above, Irish is incorporated by reference, providing an express motivation to combine from the perspective of ordinary skill at the time of purported invention. Irish expressly teaches using a CAN networking protocol. (Id.) As expected when there is an express teaching to combine references, nothing unexpected would happen when a CAN protocol is used with the claimed system the accessory comprising a camera would communicate data to other accessories or systems exactly as expected. (HK Dec. 46, 47). Thus, it is shown that claim 19 is obvious. (HK Dec. at 57). 20. The accessory system of claim 19, wherein communication of data 10 The terms Car Area Network and Controller Area Network are used interchangeably in this art and in the references. Both describe a CAN. (HK Dec. 34). 38