UNITED STATES pATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`90/013,301
`
`07/2112014
`
`6549130
`
`1082
`
`7590
`RAYMOND A. JOAO
`122 BELLEVUE PLACE
`YONKERS, NY 10703
`
`05/22/2015
`
`EXAMINER
`
`REICHLE, KARIN M
`
`ART UNIT
`
`PAPER NUMBER
`
`3992
`
`MAIL DATE
`
`DELIVERY MODE
`
`05/22/2015
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 1
`
`

`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-·1450
`W"aAA"I.IJ:.'=ptO.QOV
`
`DO NOT USE IN PALM PRINTER
`
`(THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS)
`
`KENYON & KENYON LLP
`
`ONE BROADWAY
`
`NEWYORK, NY 10004
`
`EX PARTE REEXAMINATION COMMUNICATION TRANSMITTAL FORM
`
`REEXAMINATION CONTROL NO. 901013,301.
`
`PATENT NO. 6549130.
`
`ART UN IT 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(g)).
`
`PTOL-465 (Rev.0?-04)
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 2
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 2
`
`EX PARTE REEXAMINATION
`
`FINAL OFFICE ACTION
`
`Pertinent Prosecution History
`
`A request for ex parte reexamination of the patent number 6,549,130 ("130 Patent") was
`
`filed by a third party requester ("Requester") on July 21, 2014, assigned control number
`
`90/013,301 (" '301 Request").
`
`In response to the '30 1 Request, the Office mailed an "Order Granting Reexamination
`
`Request" on September 17, 2014 ("20 14 '130 Order"). In the 2014 '130 Order, the Office
`
`indicated that claim 48 was subject to the instant reexamination.
`
`A non-final office action ("2015 Non-Final Office Action") followed the 2014 '130
`
`Order after two-month waiting period for the Patent Owner's statement under 35 USC 304.
`
`The Patent Owner is reminded that because the '130 Patent which is being reexamined is
`
`Expired Patent
`
`expired, amendments to the claims, except cancellation of the claims, are not allowed.
`
`Claim 48 is pending for consideration.
`
`Status of the Claims
`
`Claim 48 of the '130 Patent is reexamined based on the following references:
`
`Prior Art
`
`U.S. Patent 5,070,320 to Ramono ("Ramono").
`
`U.S. Patent 5,113,427 to Ryoichi et al.("Ryoichi").
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 3
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 3
`
`U.S. Patent 5,276,728 to Pagliaroli et al. ("Pagliaroli").
`
`U.S. Patent 5,081,667 to Drori et al. ("Drori").
`
`U.S. Patent 5,103,221 to Memmola. ("Memmola").
`
`Statutes
`
`The following is a quotation of the appropriate paragraphs of 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 -
`
`(a) the invention was known or used by others in this country, or patented or described in a printed publication in
`
`this or a foreign country, before the invention thereof by the applicant for a patent.
`
`(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.
`
`(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.
`
`(e) the invention was described in a patent granted on an application for patent by another filed in the United
`
`States before the invention thereof by the applicant for patent, or on an international application by another who
`
`has fulfilled the requirements of paragraphs (1), (2), and (4) of section 37l(c) of this title before the invention
`
`thereof by the applicant for patent.
`
`The changes made to 35 U.S.C. 102(e) by the American Inventors Protection Act of 1999
`
`(AIPA) and the Intellectual Property and High Technology Technical Amendments Act of 2002
`
`do not apply when the reference is a U.S. patent resulting directly or indirectly from an
`
`international application filed before November 29, 2000. Therefore, the prior art date of the
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 4
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 4
`
`reference is determined under 35 U.S.C. 102(e) prior to the amendment by the AIPA (pre-AlP A
`
`35 U.S.C. 102(e)).
`
`The following is a quotation of 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 through 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.
`
`Claim Rejections and Comments
`
`Issue 1:
`
`Claim 48 is rejected under 35 USC 102(b) as being anticipated by Ramono.
`
`The rejection below is the same as the proposed rejection by the Requester at pages 14-18
`
`in the request for reexamination and at pages A1-A3 in the Appendix submitted with the request
`
`for reexamination which are incorporated herein by reference.
`
`A control apparatus (Ramono discloses "[i]n addition, my invention contemplates the
`
`use of coded radio frequency signals, such as conventionally used in residential garage door
`
`openers for examples .. , to control activation/deactivation of a distress alarm in a moving
`
`vehicle." Col. 2, lines 8-15), comprising:
`
`(Ramono discloses the use of a chain of three control devices, e.g., a vehicle alarm
`
`system (a first control device located at a vehicle), a fixed area alarm unit 14 (a second
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 5
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 5
`
`control device located remote from the vehicle), and a remote alarm initiator 12 (a third
`
`control device located remote from the second control device and remote from the vehicle),
`
`sending control signals from one device to the next, culminating in the activation (or
`
`deactivation) of a vehicle system, e.g., initiating an alarm, flashing exterior lights, resetting
`
`the alarm, etc. For example, the vehicle alarm unit functioned as the first control device can
`
`generate a signal in response to a signal (rom the fixed area alarm unit 14 to flash the exterior
`
`vehicle lights.)
`
`a first control device wherein the first control device is capable of at least one of
`
`activating, de-activating, disabling, and re-enabling, one or more of a plurality of at least
`
`one of a vehicle system, a vehicle component, a vehicle device, a vehicle equipment, a
`
`vehicle equipment system, and a vehicle appliance, of a vehicle wherein the first control
`
`device at least one of generates and transmits a first signal for at least one of activating, de-
`
`activating, disabling, and re-enabling, the at least one of a vehicle system, a vehicle
`
`component, a vehicle device, a vehicle equipment, a vehicle equipment system, and a
`
`vehicle appliance, wherein the first control device is located at the vehicle, and further
`
`wherein the first control device is responsive to a second signal, wherein the second signal is
`
`at least one of generated by and transmitted from a second control device, (Fig. 8 of
`
`Ramono shows a vehicle alarm unit functioned as a first control device. Ramono discloses "[t]he
`
`vehicle alarm unit, as shown in FIG. 8, is intended to be installed in any vehicle such that when
`
`the corresponding remote alarm initiator unit initiates an alarm to a fixed area alarm unit within
`
`range of the automobile, the fixed area alarm unit can signal the vehicle unit to signal, for
`
`example by flashing the exterior vehicle lights, until reset. The fixed area alarm unit can reset the
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 6
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 6
`
`vehicle alarm unit after a time delay, such as 15 minutes for example, which should be sufficient
`
`time for security or police to arrive on the scene." Col. 10, line 67- col. 11, line 8. Ramono
`
`further discloses "[a]n actuating signal received by an antenna 152 is demodulated by a receiver
`
`154. The demodulated signal is interpreted by decode modules 156 and 158. The alarm trigger
`
`decode module 156 compares the coded transmission to the code set in a code select module 160.
`
`If it is a valid alarm code, decode module 156 energizes a relay coil162 to cause normally open
`
`contact 164 to close and supply the power to the vehicle hom or a siren 166 ... " Col. 11, line 48 to
`
`56. Ramono also discloses "[i]f a fixed area alarm unit 14 receives a signal from a remote alarm
`
`initiator 12, and shortly thereafter receives a properly coded alarm signal from the same, it can be
`
`operative to transmit a signal that will be received by a vehicle alarm system." Col. 10, lines 4 to
`
`8).
`
`wherein the second control device is located at a location which is remote from the
`
`vehicle, and wherein the second signal is transmitted from the second control device to the
`
`first control device, and further wherein the second signal is automatically received by the
`
`first control device, (Ramono discloses fixed area alarm 14 functioned as a second control
`
`device: "[f]ixed area alarm 14 may be mounted to existing utility poles or other elevated
`
`structures." Col. 4, lines 13 to 14. Ramono further discloses "[i]f a fixed area alarm unit 14
`
`receives a signal from a remote alarm initiator 12, and shortly thereafter receives a properly
`
`coded alarm signal from the same, it can be operative to transmit a signal that will be received by
`
`a vehicle alarm system." Col. 10, lines 4 to 8. Ramono also discloses, "The fixed area alarm of
`
`FIG. 7 includes a jumper 136 by which the vehicle alarm feature is activated. When the modified
`
`fixed area alarm unit receives a signal from a remote alarm initiator 12, timer 134 will cause a
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 7
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 7
`
`limited duration retransmission of a signal back to the remote alarm initiator for code
`
`identification as above described. However, the code identification signal is also fed to a
`
`logic/timer module 138. If a valid alarm code is received from the remote initiator 12
`
`immediately after this code identification check, the logic/timer 138 will cause encoder 108 to
`
`encode a signal from code selection module 126, which signal is then fed to transmitter 128 for
`
`transmission of the preset code via antenna 130. This transmission will consist of short time
`
`duration coded bursts every few seconds, which are transmitted to any auto alarm system in the
`
`reception area while still allowing other fixed alarm systems to sense additional alarm
`
`initiations." Col. 10, lines 9-26).
`
`wherein the second control device is responsive to a third signal, wherein the third
`
`signal is at least one of generated by and transmitted from a third control device
`
`wherein the third control device is located at a location which is remote from the vehicle
`
`and remote from the second control device, wherein the third signal is transmitted from the
`
`third control device to the second control device, and further wherein the third signal is
`
`automatically received by the second control device. (Ramono discloses "[a] portable remote
`
`alarm initiator unit 12 is operable outside the dwelling or facility 11, such as by a person walking
`
`along a street, visiting in the neighborhood, engaging in yard work or gardening, and the like.
`
`Remote initiator 12 preferably is a small, battery powered, hand-held radio transmitter and
`
`receiver unit that transmits and receives signals on assigned frequencies. Each remote initiator 12
`
`is individually set to transmit and receive assigned codes. It offers protection for individuals
`
`while outside the dwelling or facility 11 by permitting transmission of an alarm code for a pre-set
`
`time period directly to a fixed area alarm 14." Col. 3, lines 27-38).
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 8
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 8
`
`Issue 3:
`
`Claim 48 is rejected under 35 USC 102(b) as being anticipated by Ryoichi.
`
`The rejection below is the same as the proposed rejection by the Requester at pages 24-28
`
`in the request for reexamination and at pages A9-Al3 in the Appendix submitted with the
`
`request for reexamination which are incorporated herein by reference.
`
`A control apparatus, (Ryoichi discloses in the abstract: "The vehicle device control
`
`system allows the vehicle device to be remotely controlled through a simple and low-cost
`
`arrangement, making it possible for a vehicle radio telephone unit with no reception capability to
`
`receive and transmit a signal.") comprising:
`
`(Ryoichi discloses the use of a chain of three control devices, e.g., a personal radio
`
`paging unit 9 (a first control device located at a vehicle), a fixed radio station St (a second
`
`control device located remote from the vehicle), and a telephone unit TEL (a third control device
`
`located remote from the second control device and remote from the vehicle), sending control
`
`signals from one device to the next, culminating in the activation (or deactivation) of a vehicle
`
`system, e.g., unlocking the doors).
`
`a first control device, wherein the first control device is capable of at least one of
`
`activating, de-activating, disabling, and re-enabling, one or more of a plurality of at least
`
`one of a vehicle system, a vehicle component, a vehicle device, a vehicle equipment, a
`
`vehicle equipment system, and a vehicle appliance, of a vehicle, wherein the first control
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 9
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 9
`
`device at least one of generates and transmits a first signal for at least one of activating, de-
`
`activating, disabling, and re-enabling, the at least one of a vehicle system, a vehicle
`
`component, a vehicle device, a vehicle equipment, a vehicle equipment system, and a
`
`vehicle appliance, wherein the first control device is located at the vehicle, and further
`
`wherein the first control device is responsive to a second signal, wherein the second signal is
`
`at least one of generated by and transmitted from a second control device,
`
`(Ryoichi discloses in the abstract, "A radio-signal-responsive vehicle device control system
`
`including a receiver unit (9, 41, 74, 100) for receiving a radio signal generated based on a signal
`
`transmitted from a calling telephone unit and for generating a detectable signal based on the
`
`received radio signal, receiver unit storage structure (8, 91, 102) mounted in a motor vehicle
`
`for storing the receiver unit, a detector (D, 42, 73) for producing a detected signal in response to
`
`detection of the detectable signal from the receiver unit, a control unit (S, S ', 43, 60) responsive
`
`to the detected signal from the detector for producing a control signal based on at least the
`
`detectable signal, and an actuator (A, F, 52, 56, 46, 68, 75, 517 A) for controlling at least one
`
`device in the motor vehicle based on the control signal from the control unit." Ryoichi further
`
`discloses "[t]he personal radio paging unit 9 which is employed as a receiver unit in this
`
`embodiment generates a calling sound and a message sound when it receives a radio calling
`
`signal and a signal such as a message signal following the radio calling signal. More specifically,
`
`when the personal radio paging unit 9 receives a radio calling signal and a following message
`
`signal, it generates a calling sound and a message sound as signals which can be detected by a
`
`detector means comprising a sensor 10 and a code converter 11." Col. 5, lines 16 to 25. Also
`
`Ryoichi discloses "[w]hen the sensor 10 detects a calling sound given off from the personal radio
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 10
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 10
`
`paging unit 9, the sensor 10 issues a signal to turn on the code converter 11 and a control unitS
`
`serving as a control means, as shown in FIG. 1." Col. 5, lines 32 to 36. Ryoichi further discloses
`
`"[i]n response to the calling number, the personal radio paging unit 9 generates a calling sound
`
`which is detected by the sensor 10. The sensor 10 then issues an output signal to turn on the
`
`power supply of the code converter 11 and the control unitS. Then, the personal radio paging
`
`unit 9 generates a sound corresponding to the message signal '000' which is subsequently
`
`received. The sensor 10 detects this sound and converts it into an electric signal, and then
`
`transmits the electric signal to the code converter 11. The code converter 11 converts the electric
`
`signal, representing '000' (decimal notation) into a prescribed operating electric signal, i.e., a
`
`four-digit binary digital code signal '0000'. The code signal '0000' is then sent to the control
`
`unitS, which then selects and executes a program corresponding to the code signal '0000', i.e.,
`
`the control program PO stored in the memory M. As described above, the control program PO is a
`
`program for operating the handbrake under remote control, and is executed to remotely control
`
`the handbrake when the driver forgot to pull the handbrake lever 14 or is not certain if he applied
`
`the handbrake." Col. 8, lines 1 to 22. Ryoichi discloses "[a]s shown in FIGS. 2 and 3, a motor
`
`vehicle or automobile 1 has an engine E, a battery B, and headlights L. The automobile 1 also
`
`has a door 2 with a receiver insertion slot 4 defined therein behind a door handle 3 mourned on
`
`the outer panel of the door 2. The receiver insertion slot 4 is connected to a guide passage 5
`
`defined in the door 2. The guide passage 5 includes an outer guide passageway 5a and an inner
`
`guide passageway 5b between which there is defined a slit 7 for passage of a window glass panel
`
`6 therethrough. The inner guide passageway 5b is connected to a storage box 8 disposed as a
`
`receiver storage means on the inner panel of the door 2 which is normally disposed in the
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 11
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 11
`
`passenger compartment of the automobile 1. The storage box 8 is angularly movably mourned on
`
`the inner panel of the door 2 by means of a hinge 8a. A personal radio paging unit 9 can easily be
`
`taken into and out of the storage box 8 by a person in the passenger compartment. When the
`
`window panel 6 is lowered into the slit 7, the guide passage 5 is closed by the window glass
`
`panel 6. When the window glass panel 6 is lifted, the personal radio paging unit 9 which is
`
`inserted from outside through the receiver insertion slot 4 is slid through the guide passage 5 into
`
`the storage box S. Since the slit 7 is of a small width, the inserted personal radio paging unit 9 is
`
`smoothly guided through the guide passage 5 without dropping into the slit 7 ." Col. 4, line 57 to
`
`col. 5, line 15).
`
`wherein the second control device is located at a location which is remote from the
`
`vehicle, and wherein the second signal is transmitted from the second control device to the
`
`first control device, and further wherein the second signal is automatically received by the
`
`first control device, (Ryoichi discloses "[t]he personal radio paging unit 9 which is employed as
`
`a receiver unit in this embodiment generates a calling sound and a message sound when it
`
`receives a radio calling signal and a signal such as a message signal following the radio calling
`
`signal. More specifically, when the personal radio paging unit 9 receives a radio calling signal
`
`and a following message signal, it generates a calling sound and a message sound as signals
`
`which can be detected by a detector means comprising a sensor 10 and a code converter 11."
`
`Col. 5, lines 16 to 25. Ryoichi also discloses "[a] radio wave indicating these calling and
`
`message numbers is automatically radiated from a fixed radio station St of a telephone company,
`
`and the personal radio paging unit 9 receives the calling number and the following message
`
`number '000'." Col. 7, line 64 to col. 8, line 1).
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 12
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 12
`
`wherein the second control device is responsive to a third signal, wherein the third
`
`signal is at least one of generated by and transmitted from a third control device, wherein
`
`the third control device is located at a location which is remote from the vehicle and remote
`
`from the second control device, wherein the third signal is transmitted from the third
`
`control device to the second control device, and further wherein the third signal is
`
`automatically received by the second control device. (Ryoichi discloses "[a] calling number is
`
`dialed by the pushbuttons of a general wire telephone unit TEL (FIG. 1), and those
`
`pushbuttons which represent a code number, e.g., '000' (decimal notation) corresponding to a
`
`desired message signal are pushed. A radio wave indicating these calling and message numbers
`
`is automatically radiated from a fixed radio station St of a telephone company, and the
`
`personal radio paging unit 9 receives the calling number and the following message number
`
`'000'." Col. 7, line 60 to col. 8, line 1).
`
`Issue 4:
`
`Claim 48 is rejected under 35 USC 1 02( e) as being anticipated by Pagliaroli.
`
`The rejection below is the same as the proposed rejection by the Requester at pages 29-33
`
`in the request for reexamination and at pages A14-A19 in the Appendix submitted with the
`
`request for reexamination which are incorporated herein by reference.
`
`A control apparatus, (Pagliaroli discloses "[t]he present invention relates to remotely
`
`operated system for disabling an automobile, and more particularly to such systems that allow
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 13
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 13
`
`either the owner of a vehicle or the police to selectively disable a vehicle after it has been stolen
`
`or otherwise misappropriated." Col. 1, lines 6 to 10) comprising:
`
`(Pagliaroli discloses the use of a chain of three control devices, e.g., a control unit 16 (a
`
`first control device located at the vehicle), a mobile telephone signal transmitter 46 (a second
`
`control device located remote from the vehicle), and a telephone 48 (a third control device
`
`located remote from the second control device and remote from the vehicle), sending control
`
`signals from one device to the next, culminating in the activation (or deactivation) of a vehicle
`
`system, e.g., disabling the engine).
`
`a first control device, wherein the first control device is capable of at least one of
`
`activating, de-activating, disabling, and re-enabling, one or more of a plurality of at least
`
`one of a vehicle system, a vehicle component, a vehicle device, a vehicle equipment, a
`
`vehicle equipment system, and a vehicle appliance, of a vehicle, wherein the first control
`
`device at least one of generates and transmits a first signal for at least one of activating, de-
`
`activating, disabling, and re-enabling, the at least one of a vehicle system, a vehicle
`
`component, a vehicle device, a vehicle equipment, a vehicle equipment system, and a
`
`vehicle appliance, wherein the first control device is located at the vehicle, and further
`
`wherein the first control device is responsive to a second signal, wherein the second signal is
`
`at least one of generated by and transmitted from a second control device,
`
`(Pagliaroli disclose "[ w ]ith the theft sensors 12 in place, a receiver 14, control unit 16, and a
`
`means for accessing the control unit 16, such as a keypad 18, are added to the automobile. The
`
`control unit 16 is coupled to either the electrical circuits or the electromechanical components
`
`that selectively control the operation of the starter 20, ignition system 22 and emergency lights
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 14
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 14
`
`24. Optionally, the control unit 16 may also be coupled to an externally visible device such as the
`
`lights 26 surrounding the license plate. The controlled activation and deactivation of such
`
`electrical circuits and electromechanical components, by a central control unit, is a technology
`
`that is well known in the art of automobile anti-theft devices." Col. 3, lines 50 to 63. Pagliaroli
`
`further discloses "[r]eferring to FIG. 2, the details of the control unit 16 are shown. The signal
`
`code 40 received by the receiver 14 by either the mobile telephone signal transmitter 46 or the
`
`police transmitter 50, is forwarded to the control unit 16. Additionally, an input code 54 may be
`
`entered through the keypad 18 within the automobile. The control unit 16 reads both the input
`
`code 52 from the receiver 14 and the input code 54 from the keypad 18." "A memory source 58,
`
`such as an integrated memory circuit, is integrally formed as part of the control unit 16. Stored
`
`within the memory source 58 is the code for enabling the automobile and a code for disabling the
`
`automobile. Both stored codes may be fixed at the time of manufacture or may be programmable
`
`utilizing the input variables located on the keypad 18." "The control unit 16 recalls the enabling
`
`and disabling code from the memory source 58 and compares the recalled codes with input code
`
`read from the receiver 14 or the keypad 18. If the input code matches the disabling code,
`
`disabling signals 60, 62 are sent to the starter 20 and ignition system 22, respectively, stopping
`
`the operation of the automobile and preventing the automobile from being restarted.
`
`Simultaneously, a control signal 64 is sent to the emergency lights 24 of the automobile,
`
`activating the lights and warning surrounding traffic of the disabled nature of the automobile.
`
`Optionally, a second control signal68 may be sent to the license plate lights 26, changing the
`
`color or flashing the license plate lights 26 so as to identify to passing police that the disabled
`
`automobile is stolen." Col. 5, lines 29 to 51. Pagliaroli further discloses "[r]egardless, to the
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 15
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 15
`
`embodiment of the receiver 14 and the antenna 38, the receiver 14 scans the frequency range of
`
`mobile telephone transmissions, which is in the range of 900 MHz. The signal codes 40 received
`
`by the receiver 14 are forwarded to the control unit 16." Col. 4, lines 40 to 44).
`
`wherein the second control device is located at a location which is remote from the
`
`vehicle, and wherein the second signal is transmitted from the second control device to the
`
`first control device, and further wherein the second signal is automatically received by the
`
`first control device, (Pagliaroli discloses in the abstract: "When the owner of an automobile
`
`finds the vehicle stolen, the owner dials the telephone number corresponding to the disabling
`
`code of the automobile. The dialed number causes a signal code to be transmitted from the
`
`mobile telephone transmitte[r] network, wherein the signal is received by the stolen automobile."
`
`Pagliaroli discloses "Stated in general terms, the present invention includes a receiver that is
`
`activated by theft detection sensors when the automobile is stolen. Once activated the receiver
`
`monitors the signal frequency range currently used to transmit mobile telephone
`
`communications. Once the owner of the automobile discovers that the automobile has been
`
`stolen, the operator dials a predetermined telephone number corresponding to the receiver. The
`
`number is then transmitted from the signal towers of the mobile telephone network in use. The
`
`receiver receives the transmitted signal and compares it to a disabling code and an enabling code
`
`stored within the receiver." Col. 2, lines 42 to 54. Pagliaroli discloses "[f]irst, the signal code 40
`
`may come from mobile telephone signal transmitter 46 operating in the area of the automobile.
`
`Such mobile telephone signal transmitters 46 are now commonplace in populated areas and are
`
`easily accessed. Mobile telephone signal transmitters 46 are often parts of larger mobile
`
`telephone networks, often called 'cellular networks' that transmit signals across thousands of
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 16
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 16
`
`square miles and many encompass several states. A signal code 40 is transmitted to the receiver
`
`14 as if the receiver 14 were a common mobile telephone unit. The transmission of a dialed code
`
`to a specific mobile telephone being a well-known technology in the art of telecommunications.
`
`To transmit the signal code 40, a person, by using any telephone 48, need only dial the phone
`
`number of the receiver 14. The local mobile telephone company would transmit the signal code
`
`40, associated with the telephone number dialed, through its network of mobile telephone signal
`
`transmitters 46. If the stolen vehicle were in the range of the mobile telephone transmitter
`
`network, the receiver 14 would receive the signal code 40." Col. 4, line 54 to col. 5, line 7).
`
`wherein the second control device is responsive to a third signal, wherein the third
`
`signal is at least one of generated by and transmitted from a third control device, wherein
`
`the third control device is located at a location which is remote from the vehicle and remote
`
`from the second control device, wherein the third signal is transmitted from the third
`
`control device to the second control device, and further wherein the third signal is
`
`automatically received by the second control device. (Pagliaroli discloses "[f]irst, the signal
`
`code 40 may come from mobile telephone signal transmitter 46 operating in the area of the
`
`automobile. Such mobile telephone signal transmitters 46 are now commonplace in populated
`
`areas and are easily accessed. Mobile telephone signal transmitters 46 are often parts of larger
`
`mobile telephone networks, often called 'cellular networks' that transmit signals across
`
`thousands of square miles and many encompass several states. A signal code 40 is transmitted to
`
`the receiver 14 as if the receiver 14 were a common mobile telephone unit. The transmission of a
`
`dialed code to a specific mobile telephone being a well-known technology in the art of
`
`telecommunications. To transmit the signal code 40, a person, by using any telephone 48, need
`
`Petitioner Nissan North America, Inc. - Exhibit 1009 - Page 17
`
`

`
`Application/Control Number: 90/013,301
`Art Unit: 3992
`
`Page 17
`
`only dial the phone number of the receiver 14. The local mobile telephone company would
`
`transmit the signal code 40, associated with the telephone number dia