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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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`11/410,648
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`23460
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` F ING DATE
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`04/25/2006
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`7590
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`01/28/2009
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`LEYDIG VOIT & MAYER, LTD
`TWO PRUDENTIAL PLAZA, SUITE 4900
`180 NORTH STETSON AVENUE
`CHICAGO, IL 60601-6731
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
`
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`CONF {MATION NO.
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`LeRoy G. Hagenbuch
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`226239
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`45 12
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`EXAMINER
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`CAMBY, RICHARD M
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`ART UNIT
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`3661
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`MAIL DATE
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`01/28/2009
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`OWNER EX. 2018, page 1
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`OWNER Ex. 2018, page 1
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`Application No.
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`Applicant(s)
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`11/410,648
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`HAGENBUCH, LEROY G.
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`Office Action Summary
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`Examiner
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`Richard M. Camby
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`Art Unit
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`3661 -
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1)IXI Responsive to communication(s) filed on 23 December 2008.
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`2a)I:I This action is FINAL.
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`2b)IZI This action is non-final.
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`3)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under EX parte Quayle, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)IZI Claim(s) 13-37 39 and 40 is/are pending in the application.
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`4a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`5)I:I Claim(s) _ is/are allowed.
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`6)IXI Claim(s) 13-37 39 and 40 is/are rejected.
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`7)I:I Claim(s) _ is/are objected to.
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`8)I:I Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`9)I:I The specification is objected to by the Examiner.
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`
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`10)I:I The drawing(s) filed on
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`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)I:I AII
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`b)I:I Some * c)I:I None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No.
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`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attach ment(s)
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`1) D Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) IZI Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date
`.
`U.S. Patent and Trademark Office
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`4) D Interview Summary (PTO-413)
`Paper No(s)/Mai| Date. _
`5) I:I Notice of Informal Patent Application
`6) D Other:
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`PTOL-326 (Rev. 08-06)
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`Office Action Summary
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`‘
`3
`O‘Wfifiafig Nag/1381 DfigegZeO 90122
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`OWNER Ex. 2018, page 2
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`Application/Control Number: 11/410,648
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`Page 2
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`Art Unit: 3661
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
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`(e) the invention was described in (1) an application for patent, published under section 122(b), by
`another filed in the United States before the invention by the applicant for patent or (2) a patent
`granted on an application for patent by another filed in the United States before the invention by the
`applicant for patent, except that an international application filed under the treaty defined in section
`351 (a) shall have the effects for purposes of this subsection of an application filed in the United States
`only if the international application designated the United States and was published under Article 21(2)
`of such treaty in the English language.
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`Claims 13, 14, 18, 20-33, 39 and 40 are rejected under 35 U.S.C. 102(b) as
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`being clearly anticipated by Merkel ‘426.
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`Claims 13-33, 39 and 40 are rejected under 35 U.S.C. 102(e) as being clearly
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`anticipated by Sorden et al. ‘197.
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
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`Claims 34-37 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Sorden et al ‘197.
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`The patent to Sorden et al discloses in Figure 2 that the severity of the crash as well
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`as the severity of the abnormal situation and the collection of vehicle parameter
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`OWNER EX. 2018, page 3
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`OWNER Ex. 2018, page 3
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`Application/Control Number: 11/410,648
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`Page 3
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`Art Unit: 3661
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`information is stored and can be transmitted. It would have been obvious to provide the
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`vehicle parameter information to the operator in order to avoid damage to the vehicle as
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`suggested by the abstract that uses the vehicle operator to activate the transmitter. This
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`teaches involving the operator with the decision making process of sending a signal and
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`operation of the vehicle based on sensed information.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Richard M. Camby whose telephone number is (571)
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`272-6958. The examiner can normally be reached on Tues-Fri 9:00 a.m.-7:00 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Thomas G. Black can be reached on (571) 272-6956. The fax phone
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`number for the organization where this application or proceeding is assigned is 571-
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`273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
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`OWNER EX. 2018, page 4
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`OWNER Ex. 2018, page 4
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`Application/Control Number: 11/410,648
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`Page 4
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`Art Unit: 3661
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`/Richard M. Camby/
`Primary Examiner, Art Unit 3661
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`OWNER EX. 2018, page 5
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`OWNER Ex. 2018, page 5
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`Hit-10648 — GAL}: 3661
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`Piease type a plus sign (+) inside this box ——)
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` Complete if Known
` Substitute for form 1449A/B/PTO
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`Application Number
`1 1/41 0,648
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`
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`INFORMATION DISCLOSURE
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`STATEMENT BY APPLICANT
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`Use as man sheets as necessary)
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`April 25. zoos
`LeRoyG. Hagenbuch
`3651
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`CAMBY, RICHARD M'
`226239
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`U.S. PATENT DOCUMENTS
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` OTHER - NON PATENT LITERATURE DOCUMENTS
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`Translation *
`Examiner
`Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate). title of the item
`(book, magazine. journal, serial, symposium. catalog, etc.), date. page(s). volume-issue number (5), publisher,
`Initials
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`Examiner Signature
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`I 1 g a
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`21/22/2229
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`*
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`If the reference is not in English, then at least one of the following is provided: (a an English translation in whole or in part or (b) a concise statement
`of relevance in the form of, for example, an English language counterpart, an English-language abstract, or an English—language version of the search
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`OWNER Ex. 2018, page 6
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