VWGoA - Ex. 1005
`Volkswagen Group of America, Inc. - Petitioner
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`Examiner
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`Application No.
`Applicantiel
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`081795.999
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`Office Action Summary
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`Group Art Unit
`Olga Hernl'ldu
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`.. Responsive to communicationisl filed on
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`:I This action is FINAL.
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`I: Since this application Is in condition {or allowance except for lormel matters, prosecution as to the merits is closed
`in accordance with the practice under Ex parte Goya's, 1935 C.D. 11: 453 0.6. 213.
`A shortened statutory period for response to this action is set to expire
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`monthisl, or thirty days. whichever
`is longer. from the mailing date of this communication. Failure to respond within the period for response will cause the
`application to become abandoned.
`[35 U.S.C. § 133}. Extensions of time may be obtained under the provisions of
`37 CF81.136ial.
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`Disposition oi Claims
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`i3] Claimisl 1—9
`isiare pending in the application.
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`Of the above. ciaimisi
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`[E] Cleimisj 6-9
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`isiare withdrawn from consideration.
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`isiere allowed.
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`{X} Ciaimlsl L4
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`[3] Claimlel 5
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`El Ciaims
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`isl'ere rejected.
`ieiere objected to.
`are subject to restriction or election requirement.
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`Application Papers
`IE} See the attached Notice of Draftsperson's Patent Drawing Review, PTO-948.
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`:J The drawingis] fiied on
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`ier'are objected to by the Examiner.
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`] The proposed drawing correction. filed on
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`Choproved
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`Chisapproved.
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` :I The specification ls objected to by the Examiner.
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`D The oath or declaration is objected to by the Examiner.
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` Priority under 35 U.S.C. § 119 ’
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`[3] Acknowledgement is made of a claim for foreign priority under 35 U.S.C. § 119iei-ld).
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`[I Some“ D None
`of the CERTIFIED copies of the priority documents have been
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` -—- SEE OFFIGEACTION ON THE FOLLOWING PAGE -—
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`[E received.
`3 received in Application No. [Series CodeiSerial Number)
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`3 received in this national stage application from the international Bureau {PCT Rule 17.2ial].
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`’Cettified copies not received:
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`Acknowledgement is made of a claim for domestic priority under 35 U. S'. C. 5 119iel.
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`Attachmentisl
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`EX Notice of References Cited, PTO-392
`': Information Disclosure Statementisl. PTO-1449, Paper Noisl.
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`Interview Summary, PTO-413
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`Xi Notice 01 Draftsperson‘s Patent Drawing Review, PTO-948
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`3 Notice of Informal Patent Application. PTO-152
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`u. 5. Patent and Trademark Dill“
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`PTO—326 {Rev. 9-95}
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`Office Action Summary
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`Part of Paper No.
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`2
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`ApplicationfControl Number: 081795999
`Art Unit: 3661
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`Page 2
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`DETAILED ACTION
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`Claim Rejections - 35 use § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`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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`2.
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`Claims 1 and 2 are rejected under 35 U.S.C. 102(b) as being anticipated by Omura.
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`Omura in patent 5,398,185 discloses a system acquires that data on occupant presence
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`andfbr position and a communication system (figure 1, item 9) for communicating such data to a
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`control circuit. Omura discloses how to establish a message interval for presence data; devoting
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`a first portion ofeach interval to lo rate presence data reserving a second portion ofeach interval
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`for position data and transmit at least one of the presence and position data and encoding (item
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`75, figure 4) occupant presencedata into a message by setting the nominal logic states of
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`successive intervals to values in accord with the code. _
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`Claim Rejections - 35 USC § 103
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`3.
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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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`obviousncss rejections set forth in this Office action:
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`(a) A patent may not be obtained thong-r 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
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`Art Unit: 3661
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`Applicationz'ContIol Number: 082’795999
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`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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`4.
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`Claims 3 and 4 are rejected under 35 [1.3.0 103(a) as being unpatentable over Drama in
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`view of Kamei et a1.
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`Omura is relied upon as in paragraph 2 ab0ve.
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`Kamei et 211. discloses an automotive occupant sensing device that sensing the presence of
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`an occupant and the position of an infant seat. Also encoding occupant presence data into a
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`message by setting the nominal logic states of successive intervals to values representing the
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`sensed condition in accord with thecode.
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`In view of Kamei et al’s teachings, it would be obvious to one of ordinary skill in the an
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`to adapt the Kamei et al to have placed a sensor for an infant seat on the system of Omuta
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`thereby providing increased safety for infants.
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`Allowable Subject Matter
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`5.
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`Claim 5 is objected to as being dependent upon a rejected base claim, but would be
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`allowable if renu'itten in independent form including all of the limitations of the base claim and
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`any intervefiing claims.
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`Conclusion
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`ApplicationJComrol Number: 08N95999
`Art Unit: 3661
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`Page 4
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`6.
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`The prior art made ofrecord and not relied upon is considered pertinent to applicant's
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`disclosure. Takeda et al. in patent 5,782,485, Liu et at. in patent 5,801,619, Furui et al. in patent
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`5,406,127 and Gornig in patent 5,689,421.
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`7.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to Olga Hernandez whose telephone number is (703) 305-0918. The
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`examiner can normally be reached on Monday to Friday from 7:30 am to 4:00 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, W. Cuchlinsli, can be reached on (703) 308-3873. The fax phone number for the
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`organization where this application or proceeding is assigned is (703) 305-0285.
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`Any inquiry of a general nature or relating to the status of this application or proceeding
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`should be directed to the receptionist whose telephone number is (703) 308-1 113.
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`swearmnv PATENT EXAMINER
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`LLS. PATENT DOGUMENTS
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`Omure
`03114495
`701
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`I 5,393,135 J
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`5,528,898 ‘/
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`DENSIBE
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`Notice of References Cited
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`Applicetion No.
`08”95,999
`Examiner
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`Olga Hen-nude:
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`DDCUIIEJT NO.
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`FOREIGN PflTENT DDWMENTS
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`u. 5. Patent: Ind Tiedamut OHM:-
`PTO-892 l[Flew 9-95]
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`Notice of References Cited
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`Part of Paper No.
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