Paice LLC v. Ford Motor Company

685 F. App'x 940
Court of Appeals for the Federal Circuit·Decided April 21, 2017·No. 2016-1411; 2016-2033·Unpublished·Cited by 2 cases

Opinion

Taranto, Circuit Judge.

Paice and The Abell Foundation (collectively, Paice) own U.S. Patent No. 8,214,-097 issued to Severinsky, which describes and claims a control strategy for hybrid vehicles. Ford Motor Company sought the *943 two inter partes reviews of the ’097 patent now before us. In one, the Patent Trial and Appeal Board determined that claims 1-6, 8-16, 18-26, 28-30, and 34 are unpatentable for obviousness. Ford Motor Co. v. Paice LLC, No. IPR2014-01415, 2016 WL 932941 (P.T.A.B. Mar. 10, 2016) (1415 Decision). In the other, the Board determined that claims 30-33, 35, 36, and 39 are unpatentable for obviousness. Ford Motor Co. v. Paice LLC, No. IPR2014-00570, 2015 WL 5782083 (P.T.A.B. Sept. 28, 2015) C570 Decision). Paice appeals, arguing that the Board misconstrued several claim terms and made insufficiently supported factual findings in arriving at the ultimate obviousness determinations. We have jurisdiction under 28 U.S.C. § 1295(a)(4)(A). We reject Paice’s arguments and affirm.

I

For present purposes, a hybrid vehicle is a vehicle containing an electric motor (and associated battery) and an internal combustion engine (and associated gasoline or comparable fuel source). The ’097 patent discloses certain processes for controlling the vehicle, focused on increasing fuel efficiency and decreasing emissions. Two features of the processes are key here: the vehicle’s use of the motor, the engine, or both for propulsion is determined based on the vehicle’s instantaneous torque requirements; and the rate of increase of the engine’s torque output is controlled. ’097 patent, col. 15, lines 38-41; id., col. 19, lines 41-45; id., col. 38, line 62, through col. 39, line 14. Except as otherwise noted below, claim 1 is illustrative of the challenged claims. It states:

1. A method for controlling a hybrid vehicle, said vehicle comprising a battery, a controller, wheels, an internal combustion engine and at least one electric motor, wherein both the internal combustion engine and motor are capable of providing torque to the wheels of said vehicle, and wherein said engine has an inherent maximum rate of increase of output torque, said method comprising the steps of:
[a] operating the internal combustion engine of the hybrid vehicle to provide torque to operate the vehicle;
[b] operating said at least one electric motor to provide additional torque when the amount of torque provided by said engine is less than the amount of torque required to operate the vehicle; and
[c] employing said controller to control the engine such that a rate of increase of output torque of the engine is limited to less than said inherent maximum rate of increase of output torque, and wherein said step of controlling the engine such that the rate of increase of output torque of the engine is limited is performed such that combustion of fuel within the engine occurs at a substantially stoichiometric ratio; and comprising the further steps of:
[d] operating said internal combustion engine to provide torque to the hybrid vehicle when the torque required to operate the hybrid vehicle is between a setpoint SP and a maximum torque output (MTO) of the engine, wherein the engine is operable to efficiently produce torque above SP, and wherein SP is substantially less than MTO;
[e] operating both the at least one electric motor and the engine to provide torque to the hybrid vehicle when the torque required to operate the hybrid vehicle is more than MTO; and
[f] operating the at least one electric motor to provide torque to the hybrid vehicle when the torque required to operate the hybrid vehicle is less than SP.

*944 ’097 patent, col. 56, line 47, through col. 57, line 15 (bracketed letters added).

II

In construing the claims at issue, the Board permissibly applied the broadest-reasonable-interpretation standard, and because there are no underlying factual issues here, we review the Board’s constructions de novo, considering the usual intrinsic sources of claim meaning, e.g., the claims, the specification, and the prosecution history. See D’Agostino v. MasterCard Int’l Inc., 844 F.3d 946, 948 (Fed. Cir. 2016).

Paice argues that the Board erred in construing “setpoint” (in elements [d][f]) to mean a “predetermined torque value that may or may not be reset.” HIS Decision at *4. We recently affirmed the same construction of “setpoint” by the Board in a related IPR proceeding involving another Paice patent in the same family as the ’097 patent, Paice LLC v. Ford Motor Co., Nos. 16-1412, - 1415, -1745, 681 Fed.Appx. 904, 910-11, 2017 WL 900062, at *3 (Fed. Cir. Mar. 7, 2017). Given the relationship of the patents, we affirm the Board’s construction here as well.

Paice also argues that the Board incorrectly read the first group of claim elements, particularly [b] and [c], as “unrelated requirements” rather than requiring “a coordinated control strategy whereby the controller limits the rate of increase of the gas engine’s output torque allowing the gas engine to burn fuel at a substantially stoichiometric ratio, while at the same time, the controller controls the electric motor to provide the shortfall in torque required for propelling the vehicle.” Appellant’s Br. 32. According to Paice, the Board implicitly rejected its construction when it found that a key prior-art reference—an earlier patent issued to Severin-sky, U.S. Patent No. 5,343,970—discloses the [b] element, concerning the motor’s providing additional torque, in its disclosure of activating the electric motor “when torque in excess of the capabilities of engine 40 is required.” 1415 Decision at *7 (quoting Severinsky, col. 14, lines 17-18).

But neither the language of claim 1 nor the language of the other claims at issue requires the simultaneous control urged by Paice so as to make the Board’s reading incorrect under the broadest-reasonable-interpretation standard. Claim 1 requires the step of “operating said at least one electric motor to provide additional torque when the amount of torque provided by said engine is less than the amount of torque required to operate the vehicle” and the separate step of “employing said controller to control the engine such that a rate of increase of output torque of the engine is limited.” ’097 patent, col. 56, lines 56-61. That claim language does not require the Board to conclude that the two steps, one involving the electric motor and one involving the gas engine, must occur at the same time. The other independent claims at issue, claims 11, 21, and 30, do not add anything to change that conclusion. Nor do the specification or prosecution-history passages cited by Paice. 1

Ill

“We review the Board’s ultimate determination of obviousness de novo and its underlying factual determinations for substantial evidence.” Personal Web Techs., LLC v.

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