VWGoA - Ex. 1006
`Volkswagen Group of America, Inc. - Petitioner
`
`1
`
`

`

`
`
`
`
`U. S. Serial No. 08f795,999 -- 2
`
`IN THE SPECIFICAT
`
`On page 2, inesydelete “patent application 08825.718 filed January 10,
`1995”, and insert --Patent NW4927 issued on December 12, 1995-- in place thereof.
`On page 2, lines 15-17, delete “Patent application USN-31,002 filed April 28,
`
`1995, entitled ULTRASONIC SENSING OF OCCUPANT POSITION VIA
`
`WINDSHIELD REFLECTION an assigned to the assignee of this invention, describes
`one such method."
`
`On page 6, lines
`
`-1 I, delete “patent application 083325.718", and insert «Patent
`
`No. 5,474,327" in place thereof.
`
`g
`
`”I'—
`
`IN THE CLAIMS /
`Please cancel Claim '3' and amend Claims 1-6 and 8-9 as follows:
`
`1. (amended) in a supplemental restraint system v1ng means
`’
`on occupant presence andfor occupant position and a communication system for
`
`communicating such data to a control circuit, a method of [communicating messages at
`
`different rates for] accommodating communication of occupant presence data andfg
`
`occupant position data at different rates over a common communication link comprising
`
`l
`
`the steps of:
`
`establishing a [low] 'series of message rate [interval] intervals on the common
`
`conununication link [for presence data];
`
`devoting a first portion of each message rate interval to [low rate] occupant
`
`pgesenge data and reserving a second portion of each message rate interval for occupant
`position data;
`
`the first portion being sufficient [for] to accommodate only a fragment of [low
`
`rate] a complete transmission of occumt presence data thereby requiring a [plurality]
`
`per-ii of [consecutive] message rate intervals for p complete transmission of occupant
`
`presence data;
`
`2
`
`

`

`
`
`U. S. Serial No. 081795399 ~- 3
`
`establishing [a high] an occupant position message rate sufficient to accommodate
`
`a complete transmission of occupant position data [message] within the second portion of
`U
`
`each message rate interval; and
`
`transmitting [at least one of] the occupant presence andfor occupant position data
`
`in the respective p_ortion of each message rate interval.
`
`2. (amended) The [invention] method as defined in claim 1 [including] wherein
`
`the step of transmitting the occupant presence data includes the step of:
`
`encoding the occupant presence data [into a message} by setting [the] nominal
`
`logic states [of successive] in the series of message rate intervals to values in accord with
`
`[a] an occupant presence code.
`
`3. (amended) The [invention] methfi as defined in claim 2 including:
`
`sensing the presence of an occupant;
`
`sensing the presence and position of an infant seat; and
`
`encoding occupant presence data [into a message] by setting the nominal logic
`
`states of [successive] the series of message rate intervals to values representing the sensed
`
`[condition] presence and position in accord with [the] said occupant presence code.
`
`n
`
`4. (amended) The [invention] method as defined in claim 2 [including] wherein
`
`the step of transmitting the occupant msitipn data includes the stpp of:
`
`[encoding occupant presence data into a message by setting the nominal logic
`
`states ”Qf successive intervals to values in accord with the code; and]
`
`encoding m5 occupant position data [at a high rate into a message] by overriding
`
`[the] said nominal logic [state] states during the second portion of each message rate
`
`interval in accord with an occupant position code.
`
`3
`
`

`

`
`
`
`
`U. 3. Serial No. osn95,999 —— 4
`
`5. (amended) [The invention as defined in claim 2 including] In a supplemental
`
`restraint system having means for acguiring data on occumt presence andfor position
`
`and a communication system for communicating such data to a control circuit, a method
`
`of communicating occupant presence data and occupant position data at different rates
`
`comprising the steps of:
`
`establishing a low message rate interval for presence data;
`
`devoting a first portion of each interval to low rate presence data and reserving a
`
`second portion of each interval for ppsition data;
`
`the first portion being sufficient for only a fragment of low rate presence data
`
`thereby requiring a plurality of consecutive intervals for complete presence data;
`
`establishing a high message rate interval sufficient to accommodate a complete
`
`position data message within the second mnion of each low message rate interval;
`
`encoding occupant presence data into a message by setting the nominal logic
`
`states of successive intervals to values in accord with a code;
`
`sensing occupant position to acquire position data; [and]
`
`[the transmitting step includes] encoding occupant position data at a high rate into
`
`[a] said message by overriding [the] @ nominal logic [state] m during the second
`
`portion of each interval; and
`
`transmitting said message.
`‘
`..
`
`6. (amended) A method of [communicating messages] accommodating
`
`' ucommunication of first and second Mes of data at [different] first and second message
`
`‘
`rgtes oger a common communication link comprising the steps of:
`
`establishing a [low] message rate interval on the common communication link;
`
`devoting a [period] portion of each message rate interval to [high rate message}
`
`the first type of data and reserving [the remainder] a remaining portion of each messgge
`
`@ interval for [low rate information] the second We of data;
`
`I
`
`4
`
`

`

`
`
`
`
`U. S. Serial No. 08.395399 -- 5
`
`[establishing a high] providing the first type of data at a fig message rate
`
`sufficient to [accommodate a] form a complete [high rate] message [data] within the
`
`{
`
`devoted [period] p_ortion of each messgge rate interval;
`providing the second gage ofdata at a second message rate sufficient to form only
`a fragment of a complete message in the remaining mrtion of each message rate intervalI
`
`thereby requiring a plurality of consecutive message rate intervals to form a complete
`
`message of the second type of data; and
`
`[sending messages by] transmitting [data in] at least one of the [devoted period
`
`and the remainder] first and second megs of data in the respective gortions of each
`
`message rate interval.
`
`
`
`vi ’8'. (amended) The [invention] method as defined in claim 6 including encoding [a
`
`iow rate message] the second m of data on a plurality of successive [low] message rate
`
`t
`intervals by setting each bit of the message rate interval to a nominal logic state [, each
`
`V interval carrying only a fragment ofa low rate message].
`8{9’ (amended) The [invention] methodasdefinedinclaim}including encoding a
`
`complete [high rate message] message of the first type of data on a [tow] message rate
`
`interval by overriding the nominal logic state [during] i_n the devoted [period] mnion to
`
`{1"
`
`l
`
`i
`
`I
`
`impose a series of iogic pulses representing the lm'gh rate message! first We of data.
`
`_
`
`.._.
`
`In the subject Office Action, the examiner rejected Claims 1 and 2 under 35 USC
`
`102(b) over Omura ‘185, and rejected Claims 3-4 and 6-9 under 35 USC 103(a) over
`
`Omura ‘ 185 in view of Kamei et al. ‘698. Claim 5 was indicated .to be allowable if
`
`rewritten in independent form including the limitations of base Claim 1 and intervening
`
`Claim 2. Applicant requests reconsideration of his application in view of this response
`
`5
`
`

`

`
`
`U. S. Serial No. 081’795399 -- 6
`
`which cancels Claim ’i, amends Claims 1-6 and 8-9, and provides argument in support of
`
`their patentabiiity. For the convenience of the examiner, the claims as amended herein
`
`are set forth in an attachment to this response.
`Irregularities in the Office Action
`
`Counsel for Applicant contacted the examiner by telephone regarding two
`
`irregularities in the Office Action Summary, PTO-Form 326. First, it is now understood
`
`that Claims 6-9 are to be considered as rejected along with Claims 3-4 under 35 USC
`
`103(a). Second, it has been confirmed that Applicant has made no claim for foreign
`
`priority under 35 USC 1 l9(a)-(d), nor has Applicant submitted any certified copies of
`
`priority documents.
`
`Amendments to the Sgcification
`
`The specification has been amended to update the information regarding the
`
`patent applications cited in the Background of the Invention. The [1.8. Serial No.
`
`08.825318 has issued into US. Patent No. 5,4?4,327. The US. Serial No. 08f43 1,002
`has been abandoned, so reference to such application has been deleted.
`Amendments to the Claims
`
`Claims 1-4 have been amended to clarify the invention, and to provide a clear and
`
`full antecedent Basis for various terms recited therein.
`
`Claim 5 has been re-written in independent form to include the limitations of
`Claims 1 and 2.
`'
`w
`
`Claim 6 has been amended to include the limitations of Claim 7.
`
`Claim 7 has been cancelled.
`
`0
`
`."Claims 8—9 have been amended to clarify the invention, and to provide a clear and
`full antecedent basis for various terms recited therein.
`
`The Rejection Under 35 USC 102] b1
`
`The rejection of Claims 1-2 under 35 USC 1020:) is respectfully traversed.
`
`Claims 1-2 are directed to a method of accommodating the communication of occupant
`
`presence data and occupant position data at different rates over a common
`
`6
`
`

`

`
`
`U. S. Serial No. 08(795399 -- 7
`
`communication link by devoting a first portion of each message rate interval for low rate
`
`occupant presence data and reserving the remaining portion for high rate position data,
`
`with the first portion being sufficient‘to contain only a fragment of a complete occupant
`
`presence data transmission, and the remaining portion being sufficient to contain a
`
`complete occupant position data transmission. As demonstrated below, such a method is
`
`not even hinted at in Omura ‘185. Accordingly, the subject rejection is in error.
`
`Omura is directed to an occupant protection system for a vehicle in which many
`
`different kinds of information about the occupant and the vehicle interior are measured
`
`and analyzed to determine what should be done to protect the occupant. For example,
`
`data collected by the telecameras 65 and 6? is used to monitor occupant movements.
`
`However, Omura is completely silent as to how the sensor data is communicated from the
`
`sensors to the microcomputer 9. Omura simply states that the microcomputer “collects”
`
`the data from the various sensors. There is no indication that Ornura is attempting to
`
`communicate occupant presence data and occupant position data at different rates over a
`
`common communication link. Therefore, Omura cannot possibiy anticipate Applicant’s
`claimed invention.
`
`The examiner states that Omura discloses “how to establish a message interval for
`
`presence data”; however, Applicant has found nothing in Omura concerning establishing
`
`a message interval for presence data. The examiner further states that Omut‘a discloses
`
`“devoting a first ponion of each interval to low rate presence data and reserving a second
`
`portion for position data; in fact, Omura discloses no such thing. The examiner‘s
`
`' “characterization of Omura is completely erroneous; Appiicant‘s claimed method steps are
`sipipiynot to be found within the four comers of the Omura patent.
`in view of the foregoing, Applicant respectfully submits that the rejection of
`
`Claims 1-2 over Omura is unwarranted, and requests that such rejection be withdrawn.
`
`The Rejection Under 35 USC 1031 a:
`
`The rejection of Claims 3-4 and 6-9 under 35 USC 103(a) is respectfully
`
`traversed. In support of the rejection, the examiner relies on Kamei et al. ‘698 in addition
`
`7
`
`

`

`
`
`
`
`U. S. Serial No. 081’795999 —- 8
`
`to Omura (discussed above). Kamei et al. is directed to an occupant classification system
`
`for a vehicle restraint system, and like Omura, is completely silent as to how data is
`
`communicated from the sensor modgle 200 to the processor 3’24.
`Claims 3-4 depend fi-om Claim 2 (discussed above), and are therefore likewise
`
`directed to a method of accommodating the communication of occupant presence data
`
`and occupant position data at different rates over a common communication link. Neither
`
`Omura nor Kamei et 31. provide any teachings or suggestions of this sort. Consequently,
`
`it is completely impossible that some combination of Omura and Kamei et at. would
`
`obviate the recited steps of devoting a first portion of each message rate interval for
`
`occupant presence data and reserving the remaining portion for occupant position data,
`
`with the first portion being sufficient to contain only a fragment of a complete occupant
`
`presence data transmission, and the remaining portion being sufficient to contain a
`
`complete occupant position data transmission. These concepts are completely foreign to
`
`both Omura and Kamei et a1. Since neither of the cited references contains a relevant
`teaching regarding how to communicate occupant presence data and occupant position
`
`data at different rates over a common communication link, it is beyond argument that no
`
`combination of the two references can obviate Claims 3-4 under 35 USC 103(a).
`
`Accordingly, Applicant submits that the rejection of Claims 3-4 is in error, and requests
`
`that such rejection be withdrawn.
`
`Independent Claim 6 is directed to a method of accommodating communication of
`
`a
`
`first and second types of data at first and second message rates over a common
`
`"communication link by establishing a message rate interval on the common
`cpmmunication link, devoting a portion of each interval to the first type of data and
`reserving a remaining portion for the second type of data, providing the first type of data
`
`at a first message rate sufficient to form a compiete message within the devoted portion of
`
`each message rate interval, providing the second type of data at a second message rate
`
`sufficient to form only a fragment of a complete message in the remaining portion of each
`
`message rate interval, thereby requiring a plurality of consecutive message rate intervals
`
`8
`
`

`

`U. S. Serial No. 08N95,999 -- 9
`
`to form a complete message of the second type of data, and sending messages by
`
`transmitting at least one of the first and second types of data in the respective portion of
`
`each interval. Clearly, neither Omura nor Kamei et al. provide any teachings or
`
`suggestions of this sort. The recited steps are completely foreign to, and without
`
`counterpart in, either Omura and Karnei et a1. Since neither of the cited references
`
`contains a relevant teaching regarding how to communicate different types of data at
`
`different message rates over a common communication link, it is axiomatic that no
`
`combination of the two references can obviate Claim 6 under 35 USC 103(3). Claims 8-9
`
`depend from Claim 6, and are patentable over Omura and Kamei et al. for the same
`
`reasons. Accordingly, Applicant submits that the rejection of Claims 6 and 8-9 is in
`
`error, and requests that it be withdrawn.
`
`Summgg
`
`For the reasons set forth'above, Claims 1-6 and 8-9 are believed to be in condition
`
`for allowance, and such allowance is therefore respectfully requested.
`
`Respectfully submitted,
`
`Mark A. Navarre, Attorney
`Registration No. 29572
`Telephone: {937) 653-3501
`
`9
`
`

`

`
`
`
`
`1. (amended) In a supplemental restraint system having means for acquiring data
`
`on occupant presence andr‘or occupanLposition and a communication system for
`communicating such data to a control circuit, a method of accommodating
`
`communication of occupant presence data andi‘or occupant position data at different rates
`
`over a common communication link comprising the steps of:
`
`establishing a series of message rate intervals on the common communication
`
`link;
`
`devoting a first portion of each message rate interval to occupant presence data
`
`and reserving a second portion of each message rate interval for occupant positiori data;
`
`the first portion being sufficient to accommodate Only a fragment of a complete
`
`transmission of occupant presence data thereby requirulg a series of message rate
`
`intervals for a complete transmission of occupant presence data;
`
`establishing an occupant position message rate sufficient to accommodate a
`’
`complete transmission of occupant position data within the second portion of each
`
`message rate interval; and
`
`transmitting the occupant presence andr'or occupant position data in the respective
`
`portion of each niessage rate interval.
`
`2. (amended) The method as defined in claim 1 wherein the step of transmitting
`
`the occupant presence data includes the step of:
`is
`
`encoding the occupant presence data by setting nominal logic states in the series
`
`i
`ofcmessige rate intervals to values in accord with an occupant presence code.
`
`3. (amended) The method as defined in claim 2 including:
`
`sensing the presence of an occupant;
`
`sensing the presence and position of an infant seat; and
`
`10
`
`10
`
`

`

`Attachment to U. S. Serial No. 08f?95,999 -- 2
`
`encoding occupant presence data by setting the nominal logic states of the series
`
`of message rate intervals to vaiues representing the sensed presence and position in
`U
`accord with said occupant presence code.
`
`4. (amended) The method as defined in claim 2 wherein the step oftransmitting
`
`the occupant position data includes the step of:
`
`encoding the occupant position data by overriding said nominal logic states during
`
`the second portion of each message rate interval in accord with an occupant position
`code.
`
`5. (amended) In a supplemental restraint system having means for acquiring data
`
`on occupant presence andfor position and a communication system for communicating
`
`such data to a control circuit, a-method of communicating occupant presence data and
`
`pccupant position data at different rates comprising the steps of:
`establishing a low message rate interval for presence data;
`
`devoting a first portion of each interval to low rate presence data and reserving a
`
`second portion of each intervai for position data;
`
`the first portion being sufficient for only a fiagment of low rate presence data
`
`thereby requiring a plurality of consecutive intervals for complete presence data;
`
`establishing a high message rate interval sufficient to accommodate a complete
`
`position data message within the second portion of each low message rate interval;
`
`1-
`
`encoding occupant presence data into a message by setting the nominai logic
`states [if successive intervals to values in accord with a code;
`lsensing occupant position to acquire position data;
`
`encoding occupant position data at a high rate into said message by oveniding
`
`said nominal logic states during the second portion of each interval; and
`
`transmitting said message.
`
`11
`
`11
`
`

`

`Attachment to U. 5. Serial No. 08f795,999 -- 3
`
`6. (amended) A method of accommodating communication of first and second
`
`types of data at first and second message rates over a common communication link
`
`a
`comprising the steps of:
`establishing a message rate interval on the common communication link;
`
`devoting a portion of each message rate interval to the first type of data and
`
`reserving a remaining portion of each message rate interval for the second type of data;
`
`providing the first type of data at a first message rate sufiicient to form a complete
`
`message within the devoted portion of each message rate interval;
`
`providing the second type of data at a second message rate sufficient to form only
`
`a fragment of a complete message in the remaining portion of each message rate interval,
`
`thereby requiring a plurality of consecutive message rate intervals to form a complete
`
`message of the second type of data; and
`
`transmitting at least one-of the first and second types of data in the respective
`
`6
`portions of each message rate interval.
`
`8. (amended) The method as defined in claim 6 including encoding the second
`
`type of data on a plurality of successive message rate intervals by setting each bit of the
`
`message rate interval to a nominal logic state.
`
`9. (amended) The method as defined in claim 8 including encoding a complete
`
`message of the first type of data on a message rate interval by overriding the nominal
`
`‘
`
`logic state in the devoted portion to impose a series of logic pulses representing the first
`
`type of‘data.
`
`
`
`12
`
`12
`
`