VWGoA - Ex. 1011
`Volkswagen Group of America, Inc., Petitioner
`Case No. IPR2015-00276
`1
`
`

`

` TJNI TED S TATES PATEN T AND TRADEWK QFFI CE
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O.BD}{145U
`Alexandria, VA 22313-1450
`vuwmusptogov
`
`DO NOT USE IN PALM PRINTER
`
`(THIRD PARTY REQUESTER‘S CORRESPONDENCE ADDRESS)
`
`KENYON & KENYON LLP
`
`ONE BROADWAY
`
`NEW YORK, NY 10004
`
`EX PARTE REEXAMINATION COMMUNICATION TRANSMI'I'I'AL FORM
`
`REEXAMINATION CONTROL NO. 90/013252.
`
`PATENT NO. 5954 781.
`
`ART UNIT 3992.
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark
`Office in the above identified ex parte reexamination proceeding (37 CFR 1.550(f)).
`
`Where this copy is supplied after the reply by requester, 37 CFR 1.535, or the time for filing a
`reply has passed, no submission on behalf of the ex parte reexamination requester will be
`acknowledged or considered (37 CFR 1.550(9)).
`
`PTOL-465 (Rev.O7-O4)
`
`2
`
`

`

`Office Action in Ex Parte Reexamination
`
`Control No.
`90/013,252
`
`Examiner
`DAVID ENGLAND
`
`Patent Under Reexamination
`5,954,781
`
`Art Unit
`
`3992
`
`AIA (First Inventor to
`File) Status
`No
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`
`a.IZ Responsive to the communication(s) filed on 06/27/2014.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`b. I] This action is made FINAL.
`
`c. I] A statement under 37 CFR 1.530 has not been received from the patent owner.
`
`month(s) from the mailing date of this letter.
`A shortened statutory period for response to this action is set to expire
`Failure to respond within the period for response will result in termination of the proceeding and issuance of an ex parte reexamination
`certificate in accordance with this action. 37 CFR 1.550(d). EXTENSIONS OF TIME ARE GOVERNED BY 37 CFR 1.550(c).
`If the period for response specified above is less than thirty (30) days, a response within the statutory minimum of thirty (30) days
`will be considered timely.
`
`Part |
`
`THE FOLLOWING ATTACHMENT(S) ARE PART OF THIS ACTION:
`
`1. El Notice of References Cited by Examiner, PTO-892.
`
`3. El
`
`Interview Summary, PTO-474.
`
`2.
`
`IX Information Disclosure Statement, PTO/SB/08.
`
`4. El
`
`.
`
`Part II
`
`SUMMARY OF ACTION
`
`Claims 1 2 4 5 7 8 10 12 13 15 and 17— 32 are subject to reexamination.
`
`Claims 3 6 9 11 14 and 16 are not subject to reexamination.
`
`Claims
`
`have been canceled in the present reexamination proceeding.
`
`Claims 1 2 4 5 7 8 10 12 13 15 and 17— 30 are patentable and/orconfirmed.
`
`Claims 31,32 are rejected.
`
`Claims
`
`are objected to.
`
`The drawings, filed on
`
`are acceptable.
`
`[I The proposed drawing correction, filed on
`
`has been (7a) El approved (7b)|:| disapproved.
`
`El Acknowledgment is made of the priority claim under 35 U.S.C. § 119( )-(d) or (f).
`
`a) [I All
`
`b) I] Some* c) I] None
`
`of the certified copies have
`
`1a.
`
`1b.
`
`2.
`
`3 4 5
`
`6 7 8
`
`.
`
`1 [I been received.
`
`2 [I not been received.
`
`3 [I been filed in Application No.
`
`4 [I been filed in reexamination Control No.
`
`
`
`5 [I been received by the International Bureau in PCT application No.
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`9. I] Since the proceeding appears to be in condition for issuance of an ex parte reexamination certificate except for formal
`matters, prosecution as to the merits is closed in accordance with the practice under EX parte Quayle, 1935 CD.
`11,453 O.G. 213.
`
`10. El Other:
`
`cc: Recuester (if third nart
`US. Patent and Trademark Office
`
`recuester)
`
`PTOL-466 (Rev. 08-13)
`
`Office Action in Ex Parte Reexamination
`
`Part of Paper No. 20140929
`
`3
`
`

`

`Application/Control Number: 90/013,252
`
`Page 2
`
`Art Unit: 3992
`
`DETAILED EX PARTE REEXAMINATION NON-FINAL OFFICE ACTION
`
`1. INTRODUCTION
`
`This is a first Non—Final Office Action on the merits in the Ex Parte Reexamination of
`
`claims 1, 2, 4, 5, 7, 8, 10, 12, 13, 15, and 17 — 32 of US Patent No. US 5,954,781 to Slepian et
`
`al., hereinafter “the “781 Patent”.
`
`The present application is being examined under the pre—AIA first to invent provisions.
`
`A. References Cited in this Office Action
`
`1.
`
`The prior art patents and/or printed publications, hereinafter “the references”, which have
`
`been submitted 08/22/2014, have been considered and are relied upon in this Office Action are
`
`relisted as follows.
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`Automotive Electronics Handbook, by Ronald Jurgen (“Jurgen”).
`
`US. Patent No. 5,477,452 to Milunas et a1. ("Saturn “452”).
`
`US. Patent No. 4,559,599 to Habu et a1. ("Toyota “599”).
`
`German Patent Application Publication No. 29 26 070 (“Volkswagen “070”).
`
`US. Patent No. 5,357,438 to Davidian ("Davidian”).
`
`PCT Publication No. WO 96/02853 (“Tonkin”).
`
`4
`
`

`

`Application/Control Number: 90/013,252
`
`Page 3
`
`Art Unit: 3992
`
`II. REJECTIONS
`
`A. Relevant Statutes — Claim Rejections
`
`1.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of pre—AIA 35 U.S.C. 102 that form
`the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless ,
`
`(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.
`
`2.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre—AIA 35 U.S.C. 103(a) which forms the basis for all
`obviousness rejections set forth in this Office action:
`
`(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.
`
`B. Detailed Analysis of the Rejection
`
`
`
`The Examiner will use the shorthand notation of “1:1—5” for Column 1 lines 1—5.
`
`1.
`
`Claim 31 is rejected under pre-AIA 35 U.S.C. 1021b! as being unpatentable over US.
`
`Patent No. 5,357,438 to Davidian, hereinafter “Davidian”.
`
`RE: Claim 31
`
`Apparatus for optimizing operation of a vehicle, comprising:
`
`5
`
`

`

`Application/Control Number: 90/013,252
`
`Page 4
`
`Art Unit: 3992
`
`Davidian discloses an invention relating to an anti—collision system for
`
`vehicles. Therefore, preventing a vehicle from colliding with an object could result in the vehicle
`
`operating optimally.
`
`a radar detector, said radar detector determining a distance separating a vehicle
`
`having an engine and an object in front of said vehicle;
`
`It is seen in the “781 Patent the “radar detector” or as also stated in the specification,
`
`“radar device”, is not specifically defined. It only states what its function. Davidian discloses
`
`such a device, "Vehicle 2 further includes a front space sensor 8 for sensing the space in front of
`
`the vehicle, such as the presence of another vehicle, a corresponding rear space sensor 10, and a
`
`pair of side sensors 11. All the space sensors are in the form of pulse (e. g., ultrasonic)
`
`transmitters and receivers, for determining the distance of the vehicle from an object, e. g.,
`
`another vehicle, at front or rear. Space sensors may also be provided at the sides of the vehicle.
`
`Vehicle 2 is further equipped with a speed sensor 12 which may sense the speed of the vehicle in
`
`any known manner, for example using the speed measuring system of the vehicle itself, or a
`
`speed measuring system independent of the vehicle, e. g., an acceleration sensor, or by
`
`calculations based on the Doppler effect, etc.", (e. g., Davidian, 4:52—66).
`
`Davidian further discloses, "FIG. 7 is a circuit diagram of the microcomputer 4 and the
`
`other components of the electrical system. The microprocessor is indicated by block 100, its
`
`power supply by block 102, and its watchdog circuit by block 104. It includes a transmitter 106
`
`and a receiver 108 for transmitting and receiving the pulses (e.g., RF, ultrasound, laser, IR, etc.)
`
`in the front space sensor 8 and the rear space sensor 10 for measuring the distance of the vehicle
`
`6
`
`

`

`Application/Control Number: 90/013,252
`
`Page 5
`
`Art Unit: 3992
`
`from objects in front of and to the rear, of the vehicle, respectively.", (e. g., Davidian, 10: 17 —
`
`26).
`
`Davidian further discloses, "As indicated earlier, the distance of the vehicle from an
`
`object is determined by the front space sensor 8 with respect to objects in front of the vehicle,
`
`and by the rear space sensor 10 with respect to objects at the rear of the vehicle. Each of these
`
`space sensors may be of known construction, including a transmitter as indicated at 106 in FIG.
`
`
`7 and a receiver as indicated at 108. Thus, pulses are continuously transmitted by each
`
`transmitter, and the echoes from the objects in front of or to the rear of the vehicle are received
`
`by the respective receiver. The computer then measures the round—trip time from the pulse
`
`transmission to the echo reception in order to determine the distance of the vehicle from the
`
`object.", (e.g., Davidian, 10:38 — 50).
`
`at least one sensor coupled to said vehicle for monitoring operation thereof, said at
`
`least one sensor including a road speed sensor;
`
`Davidian discloses "Vehicle 2 is further equipped with a speed sensor 12 Which may
`
`sense the speed of the vehicle in any known manner, for example using the speed measuring
`
`system of the vehicle itself, or a speed measuring system independent of the vehicle, e. g., an
`
`acceleration sensor, or by calculations based on the Doppler effect, etc,” (e. g. Davidian, 4:60 —
`
`66).
`
`a processor subsystem, coupled to said radar detector and said at least one sensor, to
`
`receive data therefrom;
`
`7
`
`

`

`Application/Control Number: 90/013,252
`
`Page 6
`
`Art Unit: 3992
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`Davidian discloses, "FIGS. 6a, 6b, are a block diagram illustrating the microcomputer 4
`
`and its inputs and outputs described earlier which enable it to continuously monitor the operation
`
`of the vehicle and to actuate first a Safety alarm, and then a Collision alarm whenever the vehicle
`
`may enter a danger—of—collision situation according to the various preset parameters and
`
`automatic parameters introduced into the computer. The microcomputer 4 as illustrated in FIGS.
`
`6a, 6b is divided into various functional modules, as follows: a calculation module 90, which
`
`receives data concerning the various parameters briefly described above and as will be described
`
`more particularly below to enable it to make the necessary computations for actuating the Safety
`
`alarm and the Collision alarm.", (e. g., Davidian, 8:29 — 43). "Thus, module 90 receives inputs
`
`from the front space sensor 8, the rear space sensor 10, and the vehicle speed sensor 12.", (e. g.,
`
`Davidian 8:58 — 60).
`
`8
`
`

`

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`
`Application/Control Number: 90/013,252
`
`Page 7
`
`Art Unit: 3992
`
`E.g., Davidian, Figure 6A:
`
`E.g., Davidian, Figure 6B:
`
`
`
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`
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`a memory subsystem, coupled to said processor subsystem, said memory subsystem
`
`storing a first vehicle speed/stopping distance table;
`
`Davidian discloses "Computer module 90 also includes information about the vehicle
`
`braking distances as a function of speed. This is preferably in the form of a look—up table, for
`
`example, provided by the manufacturer for predetermined defined conditions concerning road
`
`type, skidding danger, vehicle load and tires pressure, and is stored in a ROM (read—only
`
`memory) of the microcomputer so that it can be changed periodically if necessary", (e.g.,
`
`Davidian, 9:20 — 27).
`
`9
`
`

`

`Application/Control Number: 90/013,252
`
`Page 8
`
`Art Unit: 3992
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`"The system then makes the computations illustrated (as an example) in block 162 to
`
`determine the stopping distance SD, which is equal to the reaction distance plus the braking
`
`distance multiplied by a stopping factor ST and a safety factor SF. In the illustrated example, the
`
`
`stopping distance is the sum of the reaction distance and the braking distance. The reaction
`
`
`distance is the product of the reaction time, visibility condition, daylight condition, reaction
`
`factor and speed; and the braking distance is the product of the braking distance (as supplied by
`
`the manufacturer), road type, skidding danger, vehicle load and braking factor. The stopping
`
`distance (SD) includes further safety factors, and determines when the safety alarm will be
`
`actuated to first alert the driver of an approaching collision danger. A determination is also made
`
`of the collision distance CD which is equal to the stopping distance SD divided by the collision
`
`safety factor CSF, e. g., 1.25 in the example illustrated above, such that should the distance
`
`between the vehicle and the object come within the collision distance CD, the collision alarm is
`
`then actuated. The foregoing calculations of stopping distance SD and collision distance CD
`
`with respect to objects at the front of the vehicle are also made with respect to objects at the rear
`
`of the vehicle, these calculations being RSD and RCD, respectively, also shown in block 162.
`
`Whenever the distance between the vehicle and an object to the front of the vehicle or to the rear
`
`of the vehicle comes within the stopping distance SD and the collision distance CD, the system
`
`operates according to the deceleration alarm module 93, as indicated by block 164.", (e. g.,
`
`Davidian, 12:59 — 13:22).
`
`10
`
`10
`
`

`

`Application/Control Number: 90/013,252
`
`Page 9
`
`Art Unit: 3992
`
`a vehicle proximity alarm circuit coupled to said processor subsystem, said vehicle
`
`proximity alarm circuit issuing an alarm that said vehicle is too close to said object;
`
`Jurgen discloses an, "anti—collision system illustrated in FIGS. 1—14 is particularly useful
`
`for motor vehicles (passengers cars, buses, trucks) in order to actuate an alarm when the vehicle
`
`is travelling at a distance behind another vehicle or in front of another, which is egual to or less
`
`than a danger—of—collision distance computed by a computer such that if the front vehicle stops
`
`suddenly there is a danger of a rear—end collision", (e. g., Davidian, 3:59 — 66).
`
`"In the system described below, there are two alarms: a Collision alarm, which is
`
`actuated when the vehicle is determined to be within the danger—of— collision distance; and a
`
`Safety alarm, which is actuated before the Collision alarm, at a distance greater than the danger—
`
`of—collision distance by a predetermined safety factor, e.g., 1.25.", (e. g., Davidian, 4:14 — 16).
`
`"Control panel 6 further includes a front distance display 46, in which are displayed the
`
`distance to the front vehicle (in region 46a), in which direction (by arrow 46b), and whether or
`
`not there is a collision danger (region 46c).", (e. g., Davidian, 6:25 — 29).
`
`Control panel 6 further includes a speaker 54 for producing an audio alarm in the event
`
`of a collision danger, in addition to the visually—indicated alarms of sections 46c and 48c of the
`
`displays 46 and 48.", (e.g., Davidian, 6:41 — 46).
`
`"The microcomputer 4 as illustrated in FIGS. 6a, 6b is divided into various functional
`
`
`modules, as follows:
`
`a deceleration alarm module 93, which controls the Safety alarm and
`
`Collision alarm on the control panel, ...", (e.g., Davidian, 8:37 — 48, and Figs. 3, (ref. no. 46 &
`
`48) and 6B, (ref. no. 46C & 48C).
`
`11
`
`11
`
`

`

`Application/Control Number: 90/013,252
`
`Page 10
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`Art Unit: 3992
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`said processor subsystem determining Whether to activate said vehicle proximity
`
`alarm circuit based upon separation distance data received from said radar
`
`detector, vehicle speed data received from said road speed sensor and said first
`
`vehicle speed/stopping distance table stored in said memory subsystem.
`
`Jurgen discloses a, "microcomputer 4 as illustrated in FIGS. 6a, 6b is divided into various
`
`functional modules, as follows: a calculation module 90, which receives data concerning the
`
`various parameters briefly described above and as will be described more particularly below to
`
`enable it to make the necessary computations for actuating the Safety alarm and the Collision
`
`
`alarm; ...", (e.g., Davidian, 8:37 — 43).
`
`"Computer module 90 also includes information about the vehicle braking distances as a
`
`function of speed. This is preferably in the form of a look-up table, for example, provided by the
`
`manufacturer for predetermined defined conditions concerning road type, skidding danger,
`
`vehicle load and tires pressure, and is stored in a ROM (read—only memory) of the
`
`microcomputer so that it can be changed periodically if necessary", (e. g., Davidian, 9:20 — 27).
`
`"The system then makes the computations illustrated (as an example) in block 162 to
`
`determine the stopping distance SD, which is equal to the reaction distance plus the braking
`
`distance multiplied by a stopping factor ST and a safety factor SF. In the illustrated example, the
`
`stopping distance is the sum of the reaction distance and the braking distance. The reaction
`
`distance is the product of the reaction time, visibility condition, daylight condition, reaction
`
`factor and m; and the braking distance is the product of the braking distance (as supplied by
`
`the manufacturer), road type, skidding danger, vehicle load and braking factor. The stopping
`
`distance (SD) includes further safety factors, and determines when the safety alarm will be
`
`12
`
`12
`
`

`

`Application/Control Number: 90/013,252
`
`Page 11
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`Art Unit: 3992
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`actuated to first alert the driver of an approaching collision danger. A determination is also made
`
`of the collision distance CD which is egual to the stopping distance SD divided by the collision
`
`safety factor CSF, e.g., 1.25 in the example illustrated above, such that should the distance
`
`between the vehicle and the object come within the collision distance CD, the collision alarm is
`
`then actuated”, (e.g., Davidian, 12:59 — 13:11).
`
`"Whenever the distance between the vehicle and an object to the front of the vehicle or to
`
`the rear of the vehicle comes within the stopping distance SD and the collision distance CD, the
`
`system operates according to the deceleration alarm module 93, as indicated by block 164.",
`
`(e.g., Davidian, 13:17 — 22).
`
`2.
`
`Claim 32 is rejected under pre-AIA 35 U.S.C. 1031a! as being unpatentable over
`
`Davidian in view of PCT Publication No. WO 96/02853 to Tonkin, hereinafter “Tonkin”.
`
`RE: Claim 32
`
`Apparatus for optimizing operation of a vehicle according to claim 31 wherein:
`
`Davidian discloses such as explained above in independent claim 31.
`
`said at least one sensor further includes a Windshield Wiper sensor for indicating
`
`Whether a Windshield Wiper of said vehicle is activated; and
`
`The Requester points out in the request, page that:
`
`13
`
`13
`
`

`

`Application/Control Number: 90/013,252
`
`Page 12
`
`Art Unit: 3992
`
`During prosecution of the '781 Patent, the Applicants stated that "the windshield wiper
`
`sensor [of claim 32] is n_0t used to inform the operator as to whether the windshield wipers are
`
`on or off." Rather, according to the Applicants, "the sensor is used by the processor subsystem to
`
`classify road conditions as either 'dry' or 'Wet'.”, (e. g., Application 08/813,270, Response to
`
`Non—Final Office Action, dated 02/19/1999, page 12). When finding the specific teachings in the
`
`‘781 Patent’s specification, 9:35—47, it is seen that if the windshield wiper is off it is concluded
`
`that the vehicle is operated in “dry conditions” and selects a first speed/stopping distance table, if
`
`the windshield wiper are on it is concluded that the vehicle is operated in “wet conditions” and
`
`selects a second speed/stopping distance table. Therefore, ‘off = dry’ and “on = wet’.
`
`. Ef'mhe szste of 3‘13»: newer 3:
`sense: 32. indimtes 1th she 33743351313131 wiper is eff,
`ihc-
`pm “553: subsystem .12 con-2113335 t 33113:; which 151713333;
`operaied in my cosfiii'ium and selecis she speed-“stopping
`disiance {i513 aimed a:1he location 1.4:: of the memory
`subsystem 14. If, hewes'er, the 53am 311133: wiper sensor 32. 4c-
`infiicates.
`1.11211
`she- 3333351113111 wiper is on, the processor
`subsystem 12: conclude-s- t'he't. {he vehicie is being opsrsried in.
`"aw-‘3 conéifiom and .selccis the speed/stopping 55333:: 131311:
`stored 511 the location lid of Elbe memory subsystem 151.
`Pram the selected speed_.~‘s§eppifig disiflnce 1:32:15 late 3*: 143‘, 2.5
`the processor subsystem 12:
`then IE-Ei’iEVEi
`the srtoppiug.
`distance for the speed 111: which the vehicle is naveiimg.
`
`Therefore, under this interpretation, Davidian describes that the automatic sensors of the
`
`vehicle include a rain sensor 16, "The automatic sensors on vehicle 2 further include a daylight
`
`
`sensor 14, a rain sensor 16 a vehicle load sensor 18, a trailer—hitch sensor 20, and a reverse gear
`
`sensor 22.", (e. g., Davidian, 4:67 — 5:2), and, "Module 90 also receives inputs from the sensors in
`
`case there is no depressible key, e. g., the daylight sensor 14, the trailer sensor 20, the reverse
`
`gear sensor 22, the rain sensor 16, and the vehicle load sensor 18.", (e.g., Davidian, 8:58 — 63).
`
`(col. 4, line 67 to col. 5, line 2). Furthermore, Davidian discloses keys that if depressed would
`
`14
`
`14
`
`

`

`Application/Control Number: 90/013,252
`
`Page 13
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`Art Unit: 3992
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`take into consideration road conditions and alter parameters in determining braking distance, i.e.,
`
`“slippery conditions of the road”, (e.g., Davidian, 5:54 — 66),
`
`Central panel 5 includes hero keys 3&1 indicaug the
`«tradition of the road wifi: seepem :0 the danger of 55
`skiddmg thereon by the vehicle. Thus, key 34:: wetfld
`be degassed to fiadieste a slip-per}! sandman of the mad
`and thmfiere a high danger of siddding, whens-5 key
`345 would be depressed. to indiesfie an unsiippery sendi-
`‘tidn of the mad (mg. ,1 dry} and therefore a low danger of 68'
`skiddfig.
`Twn keys 36 m: the centre! mi 6 indicate the visi-
`bility candida-n cf the need. Thus, "key 35:: weuld be
`depressed where file uisi’bfiity condition is
`lush,
`whereas key 363! walfld be depressed where ii: is 10w, 55
`13.5., because of fog. amidem, snow, etc.
`
`and (e.g., Davidian, 9:20 — 27).
`
`Computer module 99 also includes information about “’
`the: vehicle braking distances) as a function of Speed.
`This is prefembiy in the form of a leek-up table, for
`‘mfie, provided by the manufacture: for predeter-
`mined defined conditiuns mummg mad type, skid-
`ding danger, vehicle had and tires pressure, and is
`stored in a ROM {read-only memory) of the microcom-
`puter so that it can be changed pefiddicsfiy if necessary.
`
`25
`
`It can be interpreted that the activation of the key is much the same as activating a windshield
`
`wiper.
`
`Tonkin describes that safe stopping distances can be adjusted for prevailing weather
`
`conditions, and that information regarding the weather may be obtained by the warning system
`
`controller ascertaining if the windscreen wipers are in use or have been in use recently due to
`
`rain (col. 18, lines 9 to 16). Thus, the combination of Davidian and Tonkin discloses a
`
`windshield wiper sensor for indicating whether a windshield wiper of the vehicle is activated, as
`
`described in claim 32. It would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to combine Tonkin with Davidian because adjusting what has been
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`Application/Control Number: 90/013,252
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`Page 14
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`Art Unit: 3992
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`predetermined determined as a safe stopping distance for a vehicle, based on road conditions,
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`would aid in operating the vehicle in a safe manner and avoid potential dangerous instances.
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`said memory subsystem further storing a second vehicle speed/ stopping distance
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`table;
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`Davidian discloses a look—up table for predetermined defined conditions, i.e., skidding
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`danger as previously discussed. "Computer module 90 also includes information about the
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`vehicle braking distances as a function of M. This is preferably in the form of a look—up table,
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`for example, provided by the manufacturer for predetermined defined conditions concerning road
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`type, skidding danger, vehicle load and tires pressure, and is stored in a ROM (read—only
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`memory) of the microcomputer so that it can be changed periodically if necessary.", (e. g.,
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`Davidian, 9:20 — 27). As previously stated, the skidding danger condition of Davidian is part of
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`determining if the road conditions are wet or dry. Although not specifically stated, one may
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`interpret the different "predetermined defined conditions" as other tables to be used when the
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`determination is made that the road conditions fall under one of those categories.
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`Tonkin describes that "safe stopping distances can be adjusted for prevailing weather
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`conditions, again by providing stored values according to weather and possibly for different
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`severities of poor weather.", (e.g., Tonkin, 18:16 — 19). "The size of the enhanced safe distance
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`and enlarged safety envelope will generally be predetermined so as to correspond to typical
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`parameters appropriate for driving under adverse road conditions. These parameters may for
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`example be stored in a look up table allowing the parameters to be determined from the signals
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`received by the controller together with the parameters defining the normal safety envelope",
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`(e. g., Tonkin, 3:25 — 32). Tonkin further discloses a “two level warning system can be provided
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`wherein, a first warning, e. g. turn on all lamps 13, when a trailing vehicle 18 encroaches within
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`the safe stopping distance of the subject vehicle 16 for poor weather, and a second warning e. g.
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`flash all or some lamps 13, if the trailing vehicle encroaches within the safe stopping distance for
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`good conditions, (e.g., Tonkin, 18:19 - 26).
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`Thus, the combination of Davidian and Tonkin discloses a memory subsystem storing a
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`second vehicle speed/stopping distance table, as described in claim 32. It would have been
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`obvious to one of ordinary skill in the art at the time the invention was made to combine Tonkin
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`with Davidian because storing a second type of “look up table”, or multiple tables, would allow
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`the system to operate in multiple types of driving conditions, i.e., road type, skidding danger,
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`vehicle load and tires pressure, (e. g., Davidian, 9:20 — 27), prevailing weather conditions for
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`different severities of poor weather., (e.g., Tonkin, 18:16 — 19).
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`if said Windshield Wiper sensor indicates that said Windshield Wiper is deactivated,
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`said processor subsystem determining Whether to activate said vehicle proximity
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`alarm circuit based upon data received from said radar detector, said road speed
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`sensor and said first vehicle speed/stopping distance table stored in said memory
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`subsystem;
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`AND
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`if said Windshield Wiper sensor indicates that said Windshield Wiper is activated, said
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`processor subsystem determining Whether to activate said vehicle proximity alarm
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`circuit based upon data received from said radar detector, said road speed sensor
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`and said second vehicle speed/stopping distance table stored in said memory
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`subsystem.
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`As previously stated, in the rejection of claim 31, Davidian discloses said processor
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`subsystem determining whether to activate said vehicle proximity alarm circuit based upon
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`separation distance data received from said radar detector, vehicle speed data received from said
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`road speed sensor and said first vehicle speed/stopping distance table stored in said memory
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`subsystem, see the above rejection of claim 31. The noticeable difference in these limitations is
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`the determination of whether or not the road conditions are wet or dry and utilizing the specific
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`vehicle speed/stopping distance table accordantly.
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`As previously stated, Davidian describes that the automatic sensors of the vehicle include
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`a rain sensor 16, "The automatic sensors on vehicle 2 further include a daylight sensor 14, a rain
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`sensor 16 a vehicle load sensor 18, a trailer—hitch sensor 20, and a reverse gear sensor 22.", (e. g.,
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`Davidian, 4:67 — 5:2), and, "Module 90 also receives inputs from the sensors in case there is no
`
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`depressible key, e. g., the daylight sensor 14, the trailer sensor 20, the reverse gear sensor 22, the
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`rain sensor 16, and the vehicle load sensor 18.", (e.g., Davidian, 8:58 — 63). (col. 4, line 67 to col.
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`5, line 2). Furthermore, Davidian discloses keys that if depressed would take into consideration
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`road conditions and alter parameters in determining braking distance, i.e., “slippery conditions of
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`the road”, (e.g., Davidian, 5:54 — 66). It can be interpreted that the activation of the key is much
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`the same as activating a windshield wiper.
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`Tonkin describes that safe stopping distances can be adjusted for prevailing weather
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`conditions, and that information regarding the weather may be obtained by the warning system
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`controller ascertaining if the windscreen wipers are in use or have been in use recently due to
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`rain (col. 18, lines 9 to 16).
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`Tonkin further discloses a “two level warning system can be provided wherein, a first
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`warning, e.g. turn on all lamps 13, when a trailing vehicle 18 encroaches within the safe stopping
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`distance of the subject vehicle 16 for poor weather, and a second warning e. g. flash all or some
`
`lamps 13, if the trailing vehicle encroaches within the safe stopping distance for good conditions,
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`(e.g., Tonkin, 18:19 - 26).
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`Thus, the combination of Davidian and Tonkin discloses a determination as to the road
`
`conditions and selecting a specific set of parameters, i.e., two or more “look up table”, based on
`
`the road condition, to utilize for sending an alert to the operator of the vehicle.
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`It would have been obvious to one of ordinary skill in the art at the time the invention
`
`was made to combine Tonkin with Davidian because selecting a specific set of parameters, “look
`
`up table”, or multiple tables, based on specific driving conditions would allow the system to
`
`adjusting what has been predetermined determined as a safe stopping distance for a vehicle being
`
`operating and avoid potential dangerous instances by warning the vehicle’s operator of a
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`potential collision based on those specific set of parameters based on the road conditions, i.e.,
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`road type, skidding danger, vehicle load and tires pressure, (e. g., Davidian, 9:20 — 27), prevailing
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`weather conditions for different severities of poor weather., (e. g., Tonkin, 18: 16 — 19).
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`III. STATEMENT OF REASONS FOR PATENTABILITY AND/OR CONFIRMATION
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`The following is an Examiner's statement of reasons for patentability and/or confirmation
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`of the claims found patentable in this reexamination proceeding: The prior art of Jurgen, Saturn
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`“452, Toyota “599, Volkswagen “070, Davidian, and Tonkin do not disclose, alone or in
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`combination, the limitation of ““a fuel overinjection notification circuit coupled to said processor
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`subsystem, said fuel overinjection notification circuit issuing a notification that excessive fuel is
`
`being supplied to said engine of said vehicle”, as stated in claims 1, 7, 13, 17, 23, 26, and 28 of
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`the “781 Patent.
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`The “781 Patent teaches the overinj ection notification circuit as being activated when
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`there is excessive fiael being supplied to the vehicle’s engine. This overinjection notification
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`circuit is activated when said processor subsystem determines, based upon data received from
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`said plurality of sensors, when to activate said fuel overinjection circuit, see claim 1 and
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`similarly claimed limitations found in independent claims 7, 13, 17, 23, 26, and 28, and the
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`teachings stated in the “781 Patent 12:64 — 13:35.
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`Jurgen discloses a fuel injection shut off which utilizes a threshold. This fuel shut off is
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`activated when a threshold is reached. "During a deceleration transition, the fuel can be shut off
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`by simply not providing a pulse width signal to the injector to minimize exhaust emissions and
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`fuel consumption", (e.g., Jurgen, page 12.22). ““During coasting and braking, fuel consumption
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`can be further reduced by shutting off the fuel until the engine speed decreases to slightly higher
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`than the set idle speed. The ECU determines when fuel shutoff can oc