VWGoA - Ex. 1014
`Volkswagen Group of America, Inc., Petitioner
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`REMARKS
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`Claim 3 of the ‘O76 Patent is subject to reexamination. The Examiner has
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`rejected Claim 3 in View of prior art references. In View of the following Remarks, the
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`Patent Owner respectfully submits that Claim 3 of the ‘O76 Patent is patentable over the
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`prior art.
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`I. THE 35 U.S.C. §102 REJECTIONS:
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`The Examiner has rejected Claim 3 of U.S. Patent No. 6,542,076 (the ‘O76
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`Patent) under 35 U.S.C. §102(b) as being anticipated by Ramono, U.S. Patent No.
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`5,070,320 (Ramono). The Examiner has also rejected Claim 3 of the ‘O76 Patent under 35
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`U.S.C. §lO2(b) as being anticipated by Ryoichi, et al., U.S. Patent No. 5,1 13,427
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`(Ryoichi). Lastly, the Examiner has rejected Claim 3 of the ‘O76 Patent under 35 U.S.C.
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`§lO2(e) as being anticipated by Pagliaroli, et al., U.S. Patent No. 5,276,728 (Pagliaroli).
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`In View of the following Remarks, the Patent Owner respectfially submits that
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`Claim 3 of the ‘O76 Patent is patentable over the prior art.
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`1A. The Claim Construction Standard:
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`The Patent Owner respectfially notes that U.S. Patent No. 6,542,076 is expired,
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`that the claims of U.S. Patent No. 6,542,076 are thus not subject to amendment in this
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`reexamination proceeding and, as a result, the words of Claim 3 should be given their
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`ordinary and customary meaning. See MPEP §2258(I)(G). The pertinent portion of MPEP
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`§2258(I)(G) provides:
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`In a reexamination proceeding involving claims of an expired patent, claim
`construction pursuant to the principle set forth by the court in Phillips v. A WH
`Corp., 415 F.3d 1303, 1316, 75 USPQ2d 1321, 1329 (Fed. Cir. 2005) (words of
`a claim “are generally given their ordinary and customary meaning” as
`understood by a person of ordinary skill in the art in question at the time of the
`invention) should be applied since the expired claim are not subject to
`amendment.
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`IB. Background: The Invention of Claim 3 of the '076 Patent:
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`The invention of Claim 3 of the '076 Patent can be described as being a
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`distributed control system for vehicles, wherein control functions for a vehicle or for a
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`vehicle system, a vehicle equipment system, a vehicle component, a vehicle device, a
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`vehicle equipment, or a vehicle appliance, of a vehicle, can be distributed among three
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`separate and distinct control devices, each of which can generate or transmit a separate and
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`distinct signal in order to control a separate fourth device of or at the vehicle, which is the
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`respective vehicle system, vehicle equipment system, vehicle component, vehicle device,
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`vehicle equipment, or vehicle appliance.
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`Each of the first control device, the second control device, and the third control
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`device can generate or transmit a separate and distinct signal, and each of the first control
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`device, the second control device, and the third control device is not merely a relay device
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`and is not a device which simply retransmits a signal that it receives. As and for an
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`illustrative example, see Col. 56, lines 27-40, Figure 11A, Col. 40, line 30 to Col. 44, line
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`42, and Figures 6A and 6B, steps 68, 69, 70, 73, 74, or 75, of the '076 Patent, which
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`describe and illustrate an embodiment wherein an access code (a third signal) can be
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`transmitted from a transmitter 2 (a third control device) to the apparatus 950 containing
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`computer 970 (a second control device), which is located remote from the vehicle, and
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`wherein access and command codes (a second signal) are transmitted from the apparatus
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`950 to the receiver 3 of apparatus 1 and with the CPU 4 (a first control device), which is
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`located at the vehicle, generating or transmitting a respective control signal (a first signal)
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`for respectively activating, de-activating, disabling, and re-enabling, a respective vehicle
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`system, vehicle equipment system, vehicle component, vehicle device, vehicle equipment,
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`or vehicle appliance (a fourth device).
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`Claim 3 of the ‘O76 Patent recites:
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`3. A control apparatus, comprising:
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`a first control device, wherein the first control device at least one of generates a
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`first signal and transmits a first signal for at least one of activating, de-activating,
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`disabling, and re-enabling, at least one of a vehicle system, a vehicle equipment system, a
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`vehicle component, a vehicle device, a vehicle equipment, and a vehicle appliance, of a
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`vehicle, wherein the first control device is located at the vehicle,
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`wherein the first control device at least one of generates the first signal and
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`transmits the first signal in response to a second signal, wherein the second signal is at
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`least one of generated by a second control device and transmitted from a second control
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`device, wherein the second control device is located at a location which is remote from the
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`vehicle, wherein the second signal is transmitted from the second control device to the first
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`control device, wherein the second signal is automatically received by the first control
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`device, and further wherein the second control device at least one of generates the second
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`signal and transmits the second signal in response to a third signal, wherein the third signal
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`is at least one of generated by a third control device and transmitted from a third control
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`device, wherein the third control device is located at a location which is remote from the
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`vehicle and remote from the second control device, wherein the third signal is transmitted
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`from the third control device to the second control device, and further wherein the third
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`signal is automatically received by the second control device.
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`The control apparatus of Claim 3 can be depicted as follows:
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`The invention of Claim 3 of the ‘O76 Patent provides many benefits and
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`advantages over prior art systems. For example, the utilization of the second control
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`device in the distributed control system provides for the ability to perform a wide range of
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`control and monitoring functionality for, and regarding, any number, variety, types, or
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`kinds, of motor vehicles, boats, ships, water vessels, aircraft, spacecraft, and/or various
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`recreational vehicles, both manned and/or unmanned, and for any number, variety, types,
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`or kinds, of systems, equipment systems, components, devices, equipment, or appliances,
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`of these vehicles. The invention of Claim 3 of the ‘O76 Patent also provides for a
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`distributed control system which can allow for greater and enhanced control and
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`monitoring functionality and which can be utilized in connection with a wide range and/or
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`combination of communication networks or systems, making same useful in a wide variety
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`of applications and with a wide variety of communication devices. The invention of Claim
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`3 of the ‘O76 Patent also provides for a distributed control system which can be utilized to
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`provide control and monitoring functions over greater geographical areas and even
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`worldwide.
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`The second control device can also be utilized in connection with any type or
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`kind of third control device which can be any type or kind of user communication device
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`or other device, and provides for scalability. The invention of Claim 3 of the '076 Patent is
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`also easily adaptable for use with changing technologies. The invention of Claim 3 of the
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`'076 Patent also provides for use of the distributed control system in connection with
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`centralized control and/or monitoring services, service providers, and law enforcement
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`offices and/or agencies.
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`IC. Claim 3 of the '076 Patent is patentable over the prior art:
`
`The Patent Owner respectfully submits that Claim 3 of the '076 Patent is
`
`patentable over the prior art. As described in more detail herein, the Patent Owner submits
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`that Ramono, at the very least, fails to disclose, teach, or suggest, the recited first control
`
`device and the recited first signal of Claim 3 of the '076 Patent, that Ryoichi, at the very
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`least, fails to disclose, teach, or suggest, the recited second control device and the recited
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`second signal of Claim 3 of the '076 Patent, and, lastly, that Pagliaroli, at the very least,
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`fails to disclose, teach, or suggest, the recited second control device and the recited second
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`signal of Claim 3 of the '076 Patent.
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`Diagrams depicting the architectures of Claim 3 of the '076 Patent, Ramono,
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`Ryoichi, and Pagliaroli are provided below.
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`ICg1). Claim 3 of the '076 Patent is Patentable over Ramonoz
`
`The Patent Owner respectfully submits that Claim 3 is patentable over Ramono,
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`As best understood by the Patent Owner, Ramono merely discloses an alarm system. An
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`alarm code can be sent from an alarm initiator (10 or 12) and the alarm code can be
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`received by, and retransmitted from, one or more devices (fixed area alarm 14 and/or
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`retransmitter l6), and the alarm code is ultimately transmitted or re-transmitted directly to
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`an alarm unit or system of a vehicle at the vehicle. As such, Ramono, at the very least,
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`fails to disclose, teach, or suggest, the recited first control device and the recited first signal
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`of Claim 3 of the '076 Patent.
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`Diagrams comparing the architectures of Claim 3 of the '076 Patent and the
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`system of Ramono are provided below.
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`The Patent Owner respectfully submits that Ramono does not disclose, teach, or
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`suggest, a control apparatus, comprising: a first control device, wherein the first control
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`device at least one of generates a first signal and transmits a first signal for at least one of
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`activating, de-activating, disabling, and re-enabling, at least one of a vehicle system, a
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`vehicle equipment system, a vehicle component, a vehicle device, a vehicle equipment, and
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`a vehicle appliance, of a vehicle, wherein the first control device is located at the vehicle,
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`wherein the first control device at least one of generates the first signal and transmits the
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`first signal in response to a second signal, wherein the second signal is at least one of
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`generated by a second control device and transmitted from a second control device,
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`wherein the second control device is located at a location which is remote from the vehicle,
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`wherein the second signal is transmitted from the second control device to the first control
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`device, wherein the second signal is automatically received by the first control device, and
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`further wherein the second control device at least one of generates the second signal and
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`transmits the second signal in response to a third signal, wherein the third signal is at least
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`one of generated by a third control device and transmitted from a third control device,
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`wherein the third control device is located at a location which is remote from the vehicle
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`and remote from the second control device, wherein the third signal is transmitted from the
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`third control device to the second control device, and further wherein the third signal is
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`automatically received by the second control device, all of which features are specifically
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`recited features of Claim 3.
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`At the very least, Ramono does not disclose, teach, or suggest, a first control
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`device, wherein the first control device at least one of generates a first signal and transmits
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`a first signal for at least one of activating, de-activating, disabling, and re-enabling, at least
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`one of a vehicle system, a vehicle equipment system, a vehicle component, a vehicle
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`device, a vehicle equipment, and a vehicle appliance, of a vehicle, wherein the first control
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`device is located at the vehicle. To the contrary, Ramono only discloses a vehicle alarm
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`unit or system located at the vehicle which is controlled directly by a signal which is
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`transmitted from the fixed alarm 14 which is located remote from the vehicle. In this
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`regard, the vehicle alarm unit or system of Ramono, once it receives the signal from the
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`remotely located fixed alarm 14, is activated by and/or functions in response to the signal
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`received from the fixed alarm 14. There is no intermediate control device at the vehicle in
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`Ramono and, therefore, there is no recited first control device located at the vehicle, in
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`Ramono, which at least one of generates and transmits a first signal for at least one of
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`activating, de-activating, disabling, and re-enabling, the vehicle alarm unit or system which
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`is a vehicle system, a vehicle equipment system, a vehicle component, a vehicle device, a
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`vehicle equipment, or a vehicle appliance.
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`The Patent Owner respectfully submits that the vehicle alarm unit or system
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`disclosed in Ramono, and any components of same, cannot be and cannot serve as the first
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`control device of Claim 3 of the ‘O76 Patent. The Patent Owner respectfully submits that
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`the term "first control device" should be given its ordinary and customary meaning
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`pursuant to MPEP §2258(I)(G). Similarly, the Patent Owner submits that the phrase "at
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`least one of a vehicle system, a vehicle equipment system, a vehicle component, a vehicle
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`device, a vehicle equipment, and a vehicle appliance" should also be given its ordinary and
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`customary meaning.
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`When given its ordinary and customary meaning, the "first control device"
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`cannot also include the separately recited device that is being controlled by the "first
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`control device". Similarly, when given its ordinary and customary meaning, the "at least
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`one of a vehicle system, a vehicle equipment system, a vehicle component, a vehicle
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`device, a vehicle equipment, and a vehicle appliance" cannot also include the device that
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`controls the same. In this regard, the "first control device" and the "at least one of a
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`vehicle system, a vehicle equipment system, a vehicle component, a vehicle device, a
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`vehicle equipment, and a vehicle appliance" cannot be one and the same device, and the "at
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`least one of a vehicle system, a vehicle equipment system, a vehicle component, a vehicle
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`device, a vehicle equipment, and a vehicle appliance" cannot include the separately recited
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`"first control device".
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`In this regard, the Patent Owner respectfully submits that the vehicle alarm unit
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`or system of Ramono, or any components of same, cannot be and cannot serve as both the
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`"first control device" and the "at least one of a vehicle system, a vehicle equipment system,
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`a vehicle component, a vehicle device, a vehicle equipment, and a vehicle appliance" of
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`Claim 3. Such a construction would completely disregard the ordinary and customary
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`meanings of these words or phrases and would serve to completely disregard at least one of
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`these separate and distinct claim elements or limitations.
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`The Patent Owner respectfully submits that the phrase "first control device"
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`should be given its ordinary and customary meaning, and that the vehicle alarm unit or
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`system of Ramono, cannot be and cannot serve as the first control device which "at least
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`one of generates a first signal and transmits a first signal for at least one of activating, de-
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`activating, disabling, and re-enabling, at least one of a vehicle system, a vehicle equipment
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`system, a vehicle component, a vehicle device, a vehicle equipment, and a vehicle
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`appliance." The Patent Owner also submits that the phrase "at least one of a vehicle
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`system, a vehicle equipment system, a vehicle component, a vehicle device, a vehicle
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`equipment, and a vehicle appliance" cannot also include the "first control device." In this
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`regard, for example, the vehicle alarm unit or system of Ramono can only correspond to
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`the "at least one of a vehicle system, a vehicle equipment system, a vehicle component, a
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`vehicle device, a vehicle equipment, and a vehicle appliance." The Patent Owner
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`respectfully submits that the intrinsic evidence of the ‘O76 Patent supports this position.
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`See, for example, Claim 5 of the ‘O76 Patent which recites:
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`5. The apparatus of claim 3, wherein the at least one ofa vehicle system, a
`vehicle equipment system, a vehicle component, a vehicle device, a vehicle
`equipment, and a vehicle appliance, is at least one of a siren, an alarm, a horn,
`a light system, head lights, tail lights, flashers, a power door lock system, a
`hood locking system, a mechanical hood locking system, video recording
`equipment, photographing equipment, a video recording device, a camera, a
`still picture camera, audio recording equipment, an audio recording device, a
`microphone, a tape recorder, an intercom system or device, a video
`conferencing device or equipment, a two-way radio, a radio, a television, an
`entertainment device, fire extinguishing equipment, a radar device, radar
`equipment, emergency or distress signal equipment, a refrigerator, a stove, an
`air conditioner, an oven, a microwave oven, a lighting system, an electrical or
`electronically controlled dead-bolt locking device for use on at least one of a
`door, a window, a hood, and a trunk, a wheel locking device or mechanism, a
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`brake locking device or mechanism, hydraulic equipment, pneumatic
`equipment, a winch, a loading mechanism, an unloading mechanism, a cutting
`mechanism, a bailing mechanism, a gun, a weapon system, a self-defense
`system, an electronic warfare system, a battery, a fuel cell, a window which
`turns opaque or darker depending upon interior lighting, and a monitoring
`device for at least one of reading and monitoring at least one of a status and a
`condition of at least one of a fuel supply, a water or coolant supply, an electrical
`generator or alternator operation, a battery charge level, an engine temperature
`level, and a vehicle operation. (emphasis added).
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`The Patent Owner respectfully submits that Claim 5 is clear that the "at least
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`one of a vehicle system, a vehicle equipment system, a vehicle component, a vehicle
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`device, a vehicle equipment, and a vehicle appliance" can be an alarm and, therefore, the
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`vehicle alarm unit or system of Ramono can only be, and can only serve as, the "at least
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`one of a vehicle system, a vehicle equipment system, a vehicle component, a vehicle
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`device, a vehicle equipment, and a vehicle appliance" of Claim 3. The vehicle alarm unit
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`or system cannot also be, and cannot also serve as, the "first control device".
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`The Patent Owner also submits that any notion that the vehicle alarm unit or
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`system of Ramono can be viewed in pieces so as to be, or to serve as, both the "first control
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`device" and the "at least one of a vehicle system, a vehicle equipment system, a vehicle
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`component, a vehicle device, a vehicle equipment, and a vehicle appliance" would be
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`untenable and would completely disregard the ordinary and customary meanings of the
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`words or phrases "first control device" and "at least one of a vehicle system, a vehicle
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`equipment system, a vehicle component, a vehicle device, a vehicle equipment, and a
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`vehicle appliance." For example, FIG. 8 of Ramono is described as being a "generally
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`schematic illustration of a vehicle alarm unit for use in cooperation with the receiver
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`retransmitter of FIG. 7." The vehicle alarm unit of FIG. 8 includes a light 146. The light
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`146 is a component of the vehicle alarm unit or system and, therefore, the light 146 and the
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`vehicle alarm unit or system cannot be both the "first control device" and the "at least one
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`of a vehicle system, a vehicle equipment system, a vehicle component, a vehicle device, a
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`vehicle equipment, and a vehicle appliance." Put simply, the vehicle alarm unit or system
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`can only be the "at least one of a vehicle system, a vehicle equipment system, a vehicle
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`component, a vehicle device, a vehicle equipment, and a vehicle appliance" and the light
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`146 is merely a component of the same.
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`In this regard, when the "first control device" and the "at least one of a vehicle
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`system, a vehicle equipment system, a vehicle component, a vehicle device, a vehicle
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`equipment, and a vehicle appliance" are given their ordinary and customary meaning, as is
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`prescribed by MPEP §2258(I)(G), and when the intrinsic evidence of Claim 5 of the ‘O76
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`Patent is considered, the vehicle alarm unit or system of Ramono, or any components of
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`the same, cannot be both the "first control device" and the "at least one of a vehicle system,
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`a vehicle equipment system, a vehicle component, a vehicle device, a vehicle equipment,
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`and a vehicle appliance" of Claim 3 of the ‘O76 Patent.
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`In view of the above, the Patent Owner respectfully submits that Ramono does
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`not disclose, teach, or suggest, the first control device of Claim 3, as the vehicle alarm unit
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`or system of Ramono can only be, and can only serve as, the "at least one of a vehicle
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`system, a vehicle equipment system, a vehicle component, a vehicle device, a vehicle
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`equipment, and a vehicle appliance."
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`In view of the foregoing, the Patent Owner respectfully submits that Ramono
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`does not disclose, teach, or suggest, the first control device of Claim 3 and, therefore, that
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`Ramono does not disclose, teach, or suggest, the first control device which at least one of
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`generates the first signal of Claim 3 and transmits the first signal of Claim 3. In this
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`regard, the Patent Owner further submits that Ramono does not disclose, teach, or suggest,
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`the first signal of Claim 3 “for at least one of activating, de-activating, disabling, and re-
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`enabling, at least one of a vehicle system, a vehicle equipment system, a vehicle
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`component, a vehicle device, a vehicle equipment, and a vehicle appliance."
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`In View of the foregoing, Ramono, in failing to disclose, teach, or suggest, the
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`recited first control device and the recited first signal of Claim 3 of the ‘O76 Patent, does
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`not disclose, teach, or suggest, many of the specifically recited features of Claim 3 of the
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`‘O76 Patent, which features are important and recited features of said Claim 3. In view of
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`the foregoing, Ramono does not anticipate, or otherwise render obvious or unpatentable,
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`Claim 3 of the ‘O76 Patent. In view of the above, the Patent Owner respectfully submits
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`that Claim 3 of the ‘O76 Patent is patentable over Ramono.
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`IC 2 . Claim 3 of the ‘O76 Patent is Patentable over R oichiz
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`The Patent Owner submits that Claim 3 is patentable over Ryoichi. As best
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`understood by the Patent Owner, Ryoichi merely teaches a system for allowing a user to
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`transmit, from a telephone, a code which is transmitted directly over a communication
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`system to a radio-signal responsive vehicle control device located at the vehicle. As such,
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`Ryoichi, at the very least, fails to disclose, teach, or suggest, the recited second control
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`device, which is located remote from the vehicle, and the recited second signal of Claim 3
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`of the ‘O76 Patent.
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`Diagrams comparing the architectures of Claim 3 of the ‘O76 Patent and the
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`system of Ryoichi are provided below.
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`The Patent Owner submits that Ryoichi does not disclose, teach, or suggest,
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`a control apparatus, comprising: a first control device, wherein the first control device at
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`least one of generates a first signal and transmits a first signal for at least one of activating,
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`de-activating, disabling, and re-enabling, at least one of a vehicle system, a vehicle
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`equipment system, a vehicle component, a vehicle device, a vehicle equipment, and a
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`vehicle appliance, of a vehicle, wherein the first control device is located at the vehicle,
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`wherein the first control device at least one of generates the first signal and transmits the
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`first signal in response to a second signal, wherein the second signal is at least one of
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`generated by a second control device and transmitted from a second control device,
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`wherein the second control device is located at a location which is remote from the vehicle,
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`wherein the second signal is transmitted from the second control device to the first control
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`device, wherein the second signal is automatically received by the first control device, and
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`further wherein the second control device at least one of generates the second signal and
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`transmits the second signal in response to a third signal, wherein the third signal is at least
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`one of generated by a third control device and transmitted from a third control device,
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`wherein the third control device is located at a location which is remote from the vehicle
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`and remote from the second control device, wherein the third signal is transmitted from the
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`third control device to the second control device, and further wherein the third signal is
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`automatically received by the second control device, all of which features are specifically
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`recited features of Claim 3.
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`At the very least, Ryoichi does not disclose, teach, or suggest, the recited
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`second control device of Claim 3, which recited second control device at least one of
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`generates and transmits the recited second signal, wherein the second control device is
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`located at a location which is remote from the vehicle, wherein the second signal is
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`transmitted from the second control device to the first control device, wherein the second
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`signal is automatically received by the first control device, and further wherein the second
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`control device at least one of generates the second signal and transmits the second signal in
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`response to a third signal, wherein the third signal is at least one of generated by a third
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`control device and transmitted from a third control device, wherein the third control device
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`is located at a location which is remote from the vehicle and remote from the second
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`control device, wherein the third signal is transmitted from the third control device to the
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`second control device, and further wherein the third signal is automatically received by the
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`second control device. To the contrary, Ryoichi merely discloses a telephone which
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`transmits a radio signal which, if anything, is merely relayed unchanged to the vehicle by a
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`communication relay system. As best understood by the Patent Owner, the radio signal
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`transmitted from the telephone is merely relayed unchanged to the personal radio paging
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`unit 9 located at the vehicle. In this regard, Ryoichi does not disclose, teach, or suggest, a
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`second control device which is located remote from the vehicle and remote from the
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`telephone and which generates or transmits a second signal in response to the radio signal
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`and which transmits that second signal to the vehicle.
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`The Patent Owner respectfully submits that the fixed radio station St disclosed
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`in Ryoichi cannot be and cannot serve as the second control device of Claim 3 of the ‘O76
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`Patent. The Patent Owner submits that the fixed radio station St disclosed in Ryoichi is
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`merely a part of, or a component of, a communication network and, therefore, it cannot be
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`and cannot serve as the second control device of Claim 3.
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`The Patent Owner respectfully submits that the term "second control device"
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`should be given its ordinary and customary meaning pursuant to MPEP §2258(I)(G).
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`When given its ordinary and customary meaning, and as supported by the intrinsic
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`evidence in the ‘O76 Patent, the "second control device" is distinct from the communication
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`network in connection or in conjunction with which it is utilized. As a result, the fixed
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`radio station St disclosed in Ryoichi cannot be and cannot serve as the second control
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`device of Claim 3 of the ‘O76 Patent.
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`Support for the above can also be found in the intrinsic evidence presented
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`throughout the ‘O76 Patent. See, for example, Col. 6, lines 23-29; Col, 15, lines 34-48;
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`Col. 17, lines 11-17; Col. 17, lines 38-46; Col. 34, line 56 to Col. 35, line 7; Col. 35, line
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`13 to Col. 36, line 16; Col. 57, line 33 to Col. 59, line 8; and Col. 100, lines 32-55.
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`The ‘O76 Patent, at Col. 6, lines 23-29, provides:
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`The apparatus may also be utilized in coniunction with a comguter network
`such as an on-line service and/or on, or over, the Internet and/or the World
`Wide Web, by employing an appropriate server computer and/or an associated
`Web Site and/or Web Site technology in conjunction with an appropriate
`communication medium. (emphasis added).
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`Similarly, the ‘O76 Patent, at Col, 15, lines 34-48, provides:
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`In any of the above described embodiments, the present invention may be
`utilized in coniunction with any suitable communication device(s) and/or
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`communication system(s). In this manner, the present invention may be utilized
`in conjunction with a telephone, a touch tone telephone, a cordless telephone
`and/or a cellular or mobile telephone, a home and/or a personal computer
`having associated telecommunication devices or other suitable peripheral
`device(s) such as a modem and/or a fax/modem, personal communication
`devices which can operate over an appropriate telecommunications system,
`and/or other suitable communications systems and/or mediums, including
`radio signal, optical, satellite and/or other communications systems and/or
`mediums. Any suitable communication system and/or medium may be
`utilized. (emphasis added).
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`Further, support can also be found at Col. 36, lines 7-16, of the ‘O76 Patent
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`which provides:
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`In this regard, the authorized user or operator may utilize the apparatus to its
`fullest capabilities over an on-line service and/or on, or over, the Internet
`and/or the World Wide Web or other suitable communication network or
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`medium. In this manner, the embodiment of FIG. 5B may allow the authorized
`user or operator to utilize the apparatus and/or to monitor the operation ofthe
`apparatus over the on-line service and/or on, or over, the Internet and/or the
`World Wide Web from any suitable computer and/or from any location.
`(emphasis added).
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`In this regard, the Patent Owner respectfully submits that it is clear from the
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`intrinsic evidence of the ‘O76 Patent that: l) the "second control device“ is distinct from the
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`communication network in connection or in conjunction with which it is utilized; and
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`2) the fixed radio station St disclosed in Ryoichi cannot be and cannot serve as the second
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`control device of Claim 3 of the ‘O76 Patent.
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`As a result, when the “second control device“ is given its ordinary and
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`customary meaning, and with the intrinsic evidence of the ‘O76 Patent being considered,
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`the fixed radio station St disclosed in Ryoichi cannot be and cannot serve as the second
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`control device of Claim 3 of the ‘O76 Patent.
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`In view of the foregoing, the Patent Owner respectfully submits that Ryoichi
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`does not disclose, teach, or suggest, the second control device of Claim 3. The Patent
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`Owner also respectfully submits that Ryoichi does not disclose, teach, or suggest, the
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`recited second signal of Claim 3 which is at least one of generated by and transmitted from
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`the recited second control device.
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`In View of the foregoing, Ryoichi, in failing to disclose, teach, or suggest, the
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`recited second control device and the recited second signal of Claim 3 of the ‘O76 Patent,
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`does not disclose, teach, or suggest, many of the specifically recited features of Claim 3 of
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`the ‘O76 Patent, which features are important and recited features of said Claim 3. In view
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`of the foregoing, Ryoichi does not anticipate, or otherwise render obvious or unpatentable,
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`Claim 3 of the ‘O76 Patent. In view of the above, the Patent Owner respectfully submits
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`that Claim 3 of the ‘O76 Patent is patentable over Ryoichi.
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`IC 3 . Claim 3 of the ‘O76 Patent is Patentable over Pa liaroliz
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`The Patent Owner respectfully submits that Claim 3 is patentable over
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`Pagliaroli. As best understood by the Patent Owner, Pagliaroli merely teaches a system for
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`allowing a user to transmit, from a telephone 48, a signal code 4O which is relayed via a
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`communication system (mobile telephone signal transmitter 46) to a receiver l4 at the
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`vehicle. Control unit l6 at the vehicle can control a vehicle system. As such, Pagliaroli, at
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`the very least, fails to disclose, teach, or suggest, the recited second control device which is
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`located remote from the vehicle and the recited second signal of Claim 3 of the ‘O76 Patent.
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`Diagrams comparing the architectures of Claim 3 of the ‘O76 Patent and the
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`system of Pagliaroli are provided below.
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