REEXAM-6549130
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In Re Reexamination of: P AI'ENT OF RAYMOND A. JOAO
`
`Patent No.: 6,549,130
`
`For: CONTROL APPARATUS AND METHOD FOR VEHICLES AND/OR FOR
`PREMISES
`
`Control No.: 90/013,301
`
`Issue Date: APRIL 15, 2003
`
`Examiner: MINH T. NGUYEN
`
`Group Art Unit: 3992
`
`ConfirmationNo.: 1082
`
`Mail Stop Ex Parte Reexam
`Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313- J 450
`
`Sir:
`
`POWER OF ATTORNEY
`
`Joao Control & Monitoring Systems, LLC (JCMS), the owner of the above-
`
`identified U.S. Patent No. 6,549,130, hereby appoints Raymond A. Joao, Reg. No. 35,907
`
`as Attorney to transact all business in the United States Patent and Trademark Office
`
`connected with the above-identified Reexamination proceeding.
`
`Respectfully Submitted,
`
`/-/<~~~~?~?~·:·{~,··(~~::~~~~("""'·-·····
`
`Rayinond A.<roao
`Reg. No. 35,907
`President, JCMS
`
`VWGoA - Ex. 1011
`Volkswagen Group of America, Inc., Petitioner
`
`1
`
`

`
`Date: March 18,2015
`
`Raymond A. Joao, Esq.
`122 Bellevue Place
`Yonkers, New York 10703
`Tel. (914) 969-2992
`
`2
`
`2
`
`

`
`REEXAM-6549130
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In Re Reexamination of: PATENT OF RAYMOND A. JOAO
`
`Patent No.: 6,549,130
`
`For: CONTROL APPARATUS AND METHOD FOR VEHICLES AND/OR FOR
`PREMISES
`
`Control No.: 90/013,301
`
`Issue Date: APRIL 15, 2003
`
`Examiner: MINH T. NGUYEN
`
`Group Art Unit: 3992
`
`Confirmation No.: 1082
`
`Mail Stop Ex Parte Reexam
`Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-14 50
`
`RESPONSE TO OFFICE ACTION
`
`Sir:
`
`This is a Response To Office Action in response to the Office Action, mailed
`
`January 20, 2015, in the above-referenced Ex Parte Reexamination of Claim 48 of U.S.
`
`Patent No. 6,549,130 (the '130 Patent), wherein the Examiner rejected Claim 48 in view of
`
`prior art references.
`
`Based on the following Remarks, the Patent Owner respectfully submits that
`
`Claim 48 of U.S. Patent No. 6,549,130 is patentable over the prior art.
`
`3
`
`

`
`REMARKS
`
`Claim 48 of the '130 Patent is subject to reexamination. The Examiner has
`
`rejected Claim 48 in view of prior art references. In view of the following Remarks, the
`
`Patent Owner respectfully submits that Claim 48 of the '130 Patent is patentable over the
`
`prior art.
`
`I. THE 35 U.S.C. §102 REJECTIONS:
`
`The Examiner has rejected Claim 48 ofU.S. Patent No. 6,549,130 (the '130
`
`Patent) under 35 U.S.C. §102(b) as being anticipated by Ramono, U.S. Patent No.
`
`5,070,320 (Ramono) (Issue 1). The Examiner has also rejected Claim 48 ofthe '130 Patent
`
`under 35 U.S.C. §102(e) as being anticipated by Kniffin, et al., U.S. Patent No. 6,072,402
`
`(Kniffin) (Issue 2). The Examiner has also rejected Claim 48 of the '130 Patent under 35
`
`U.S. C. § 1 02(b) as being anticipated by Ryoichi, et al., U.S. Patent No. 5,113,427 (Ryoichi)
`
`(Issue 3). Lastly, the Examiner has rejected Claim 48 of the '130 Patent under 35 U.S.C.
`
`§102(e) as being anticipated by Pagliaroli, et al., U.S. Patent No. 5,276,728 (Pagliaroli)
`
`(Issue 4).
`
`In view of the following Remarks, the Patent Owner respectfully submits that
`
`Claim 48 of the '130 Patent is patentable over the prior art.
`
`lA. The Claim Construction Standard:
`
`The Patent Owner respectfully notes that U.S. Patent No. 6,549,130 is expired,
`
`that the claims of U.S. Patent No. 6,549,130 are thus not subject to amendment in this
`
`reexamination proceeding and, as a result, the words of Claim 48 should be given their
`
`2
`
`4
`
`

`
`ordinary and customary meaning. See MPEP §2258(I)(G). The pertinent portion ofMPEP
`
`§2258(I)(G) provides:
`
`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.
`
`lB. Background: The Invention of Claim 48 of the '130 Patent:
`
`The invention of Claim 48 of the '130 Patent can be described as being a
`
`distributed control system for vehicles, wherein control functions for a vehicle or for a
`
`vehicle system, vehicle component, vehicle device, vehicle equipment, vehicle equipment
`
`system, or vehicle appliance, of a vehicle, can be distributed among three separate and
`
`distinct control devices, each of which can generate or transmit a separate and distinct
`
`signal in order to control a separate fourth device of or at the vehicle, which is the
`
`respective vehicle system, vehicle component, vehicle device, vehicle equipment, vehicle
`
`equipment system, or vehicle appliance.
`
`Each of the first control device, the second control device, and the third control
`
`device can generate or transmit a separate and distinct signal, and each of the first control
`
`device, the second control device, and the third control device is not merely a relay device
`
`and is not a device which simply retransmits a signal that it receives. As and for an
`
`illustrative example, see Col. 48, lines 15-28, Figure 11A, Col. 33, line 46 to Col. 37, line
`
`58, and Figures 6A, 6B, and 6C, steps 68, 69, 70, 73, 74, or 75, of the '130 Patent, which
`
`describe and illustrate an embodiment wherein an access code (a third signal) can be
`
`transmitted from a transmitter 2 (a third control device) to the apparatus 950 containing
`
`3
`
`5
`
`

`
`computer 970 (a second control device), which is located remote from the vehicle, and
`
`wherein access and command codes (a second signal) are transmitted from the apparatus
`
`950 to the receiver 3 of apparatus 1 and with the CPU 4 (a first control device), which is
`
`located at the vehicle, generating or transmitting a respective control signal (a first signal)
`
`for respectively activating, de-activating, disabling, and re-enabling, a respective vehicle
`
`system, vehicle component, vehicle device, vehicle equipment, vehicle equipment system,
`
`or vehicle appliance (a fourth device).
`
`Claim 48 of the '130 Patent recites:
`
`48. A control apparatus, comprising:
`
`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(cid:173)
`
`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,
`
`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
`
`4
`
`6
`
`

`
`the first control device,
`
`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.
`
`The control apparatus of Claim 48 can be depicted as follows:
`
`R0r:r~0rf ... rf1::·rr~ ·v~iliG:;&­
`.c~rK.i Sr:xx:~~~':! Cc:r'~~-.:,:c!
`o~,.. .. ·i.:..~
`
`The invention of Claim 48 of the '130 Patent provides many benefits and
`
`advantages over prior art systems. For example, the utilization of the second control
`
`device in the distributed control system provides for the ability to perform a wide range of
`
`control and monitoring functionality for, and regarding, any number, variety, types, or
`
`kinds, of motor vehicles, boats, ships, water vessels, aircraft, spacecraft, and/or various
`
`recreational vehicles, both manned and/or unmanned, and for any number, variety, types,
`
`or kinds, of systems, components, devices, equipment, equipment systems, or appliances,
`
`of these vehicles. The invention of Claim 48 of the '130 Patent also provides for a
`
`distributed control system which can allow for greater and enhanced control and
`
`monitoring functionality and which can be utilized in connection with a wide range and/or
`
`5
`
`7
`
`

`
`combination of communication networks or systems, making same useful in a wide variety
`
`of applications and with a wide variety of communication devices. The invention of Claim
`
`48 of the '130 Patent also provides for a distributed control system which can be utilized to
`
`provide control and monitoring functions over greater geographical areas and even
`
`worldwide.
`
`The second control device can also be utilized in connection with any type or
`
`kind of third control device which can be any type or kind of user communication device
`
`or other device, and provides for scalability. The invention of Claim 48 of the '130 Patent
`
`is also easily adaptable for use with changing technologies. The invention of Claim 48 of
`
`the '130 Patent also provides for use of the distributed control system in connection with
`
`centralized control and/or monitoring services, service providers, and law enforcement
`
`offices and/or agencies.
`
`IC. Claim 48 of the '130 Patent is patentable over the prior art:
`
`The Patent Owner respectfully submits that Claim 48 of the '130 Patent is
`
`patentable over the prior art. As described in more detail herein, the Patent Owner submits
`
`that Ramono, at the very least, fails to disclose, teach, or suggest, the recited first control
`
`device and the recited first signal of Claim 48 of the '130 Patent, that Kniffin, at the very
`
`least, fails to disclose, teach, or suggest, the recited first control device and the recited first
`
`signal of Claim 48 of the '130 Patent, that Ryoichi, at the very least, fails to disclose, teach,
`
`or suggest, the recited second control device and the recited second signal of Claim 48 of
`
`the '130 Patent, and, lastly, that Pagliaroli, at the very least, fails to disclose, teach, or
`
`suggest, the recited second control device and the recited second signal of Claim 48 of the
`
`6
`
`8
`
`

`
`'130 Patent.
`
`Diagrams depicting the architectures of Claim 48 of the '130 Patent, Ramono,
`
`Kniffin, Ryoichi, and Pagliaroli are provided below.
`
`f~<~r'~~CA·~ ~:r~::-m V~ti :·~i~
`,a~i::J ~ .. &:_:'fJ~~i C'fJ~~E~·ol
`
`Kn~ffe~~.
`~t 23:t
`
`Ryo:,;t>::,
`E>t f>i
`
`P >3-Q ~~~~n"';:~~.
`<>l c'\L
`
`R.c~dtz; ~; igp.fj~ R~.r.l::lj·'i'...:;:;.; f.') P~.<r·~;<J.:"'K~I ::.C.-8\.~I'J FJ:.19inq
`Uf~~~ ·9
`
`IC(l). Issue 1 - Claim 48 of the '130 Patent is Patentable over Ramono:
`
`The Patent Owner respectfully submits that Claim 48 is patentable over
`
`Ramono. As best understood by the Patent Owner, Ramono merely discloses an alarm
`
`system. An alarm code can be sent from an alarm initiator (10 or 12) and the alarm code
`
`can be received by, and retransmitted from, one or more devices (fixed area alarm 14
`
`7
`
`9
`
`

`
`and/or retransmitter 16), and the alarm code is ultimately transmitted or re-transmitted
`
`directly to an alarm unit or system of a vehicle at the vehicle. As such, Ramono, at the
`
`very least, fails to disclose, teach, or suggest, the recited first control device and the recited
`
`first signal of Claim 48 of the '130 Patent.
`
`Diagrams comparing the architectures of Claim 48 of the '130 Patent and the
`
`system ofRamono are provided below.
`
`R>:>n1ot<:1fmm
`~~'l:Q- \.<~h-:d~::
`
`The Patent Owner respectfully submits that Ramono does not disclose, teach, or
`
`suggest, a control apparatus, comprising: 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
`
`8
`
`10
`
`

`
`control device, 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, 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, all of
`
`which features are specifically recited features of Claim 48.
`
`At the very least, Ramono does not disclose, teach, or suggest, a first control
`
`device, wherein the first control device is capable of at least one of activating, de(cid:173)
`
`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. To the contrary, Ramono only
`
`discloses a vehicle alarm unit or system located at the vehicle which is controlled directly
`
`by a signal which is transmitted from the fixed alarm 14 which is located remote from the
`
`vehicle. In this regard, the vehicle alarm unit or system of Ramono, once it receives the
`
`signal from the remotely located fixed alarm 14, is activated by and/or functions in
`
`9
`
`11
`
`

`
`response to the signal received from the fixed alarm 14. There is no intermediate control
`
`device at the vehicle in Ramono and, therefore, there is no recited first control device
`
`located at the vehicle, in Ramono, which at least one of generates and transmits a first
`
`signal for at least one of activating, de-activating, disabling, and re-enabling, the vehicle
`
`alarm unit or system which is a vehicle system, a vehicle component, a vehicle device, a
`
`vehicle equipment, a vehicle equipment system, or a vehicle appliance.
`
`The Patent Owner respectfully submits that the vehicle alarm unit or system
`
`disclosed in Ramono, and any components of same, cannot be and cannot serve as the first
`
`control device of Claim 48 of the '130 Patent. The Patent Owner respectfully submits that
`
`the term "first control device" should be given its ordinary and customary meaning
`
`pursuant to MPEP §2258(I)(G). Similarly, the Patent Owner submits that the phrase "at
`
`least one of a vehicle system, a vehicle component, a vehicle device, a vehicle equipment,
`
`a vehicle equipment system, and a vehicle appliance" should also be given its ordinary and
`
`customary meaning.
`
`When given its ordinary and customary meaning, the "first control device"
`
`cannot also include the separately recited device that is being controlled by the "first
`
`control device". Similarly, when given its ordinary and customary meaning, 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" cannot also include the device that
`
`controls the same. In this regard, the "first control device" and 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" cannot be one and the same device, and the
`
`"at least one of a vehicle system, a vehicle component, a vehicle device, a vehicle
`
`10
`
`12
`
`

`
`equipment, a vehicle equipment system, and a vehicle appliance" cannot include the
`
`separately recited "first control device".
`
`In this regard, the Patent Owner respectfully submits that the vehicle alarm unit
`
`or system of Ramono, or any components of same, cannot be and cannot serve as both the
`
`"first control device" and 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"
`
`of Claim 48. Such a construction would completely disregard the ordinary and customary
`
`meanings of these words or phrases and would serve to completely disregard at least one of
`
`these separate and distinct claim elements or limitations.
`
`The Patent Owner respectfully submits that the phrase "first control device"
`
`should be given its ordinary and customary meaning, and that the vehicle alarm unit or
`
`system ofRamono, cannot be and cannot serve as the first control device which "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."
`
`The Patent Owner also submits that the phrase "at least one of a vehicle system, a vehicle
`
`component, a vehicle device, a vehicle equipment, a vehicle equipment system, and a
`
`vehicle appliance" cannot also include the "first control device." In this regard, for
`
`example, the vehicle alarm unit or system of Ramono can only correspond to 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." The Patent Owner respectfully
`
`submits that the intrinsic evidence of the '130 Patent supports this position. See, for
`
`example, Claim 49 of the '130 Patent which recites:
`
`11
`
`13
`
`

`
`49. The apparatus of claim 48, wherein 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, is at least one of a siren, an
`alarm, a hom, a light system, head lights, taillights, flashers, a power door
`lock system, a hood locking system, a mechanical hood locking system, an anti(cid:173)
`theft system, a vehicle recovery system or device, a homing device or system,
`a tracking device or 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 two-way radio, a radio, a television, a
`navigational device, navigational equipment, 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 brake locking device or mechanism, hydraulic
`equipment, pneumatic equipment, a winch, a loading mechanism, and
`unloading mechanism, a cutting mechanism, a bailing mechanism, a gun, a
`weapon system, a self-defense system, an electronic warfare system, and a
`monitoring device for at least one of reading and monitoring 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).
`
`The Patent Owner respectfully submits that Claim 49 is clear that 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" can be an alarm and, therefore, the
`
`vehicle alarm unit or system ofRamono can only be, and can only serve as, 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" of Claim 48. The vehicle alarm unit or
`
`system cannot also be, and cannot also serve as, the "first control device".
`
`The Patent Owner also submits that any notion that the vehicle alarm unit or
`
`system ofRamono can be viewed in pieces so as to be, or to serve as, both the "first control
`
`device" and 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" would be
`
`12
`
`14
`
`

`
`untenable and would completely disregard the ordinary and customary meanings of the
`
`words or phrases "first control device" and "at least one of a vehicle system, a vehicle
`
`component, a vehicle device, a vehicle equipment, a vehicle equipment system, and a
`
`vehicle appliance." For example, FIG. 8 ofRamono is described as being a "generally
`
`schematic illustration of a vehicle alarm unit for use in cooperation with the receiver
`
`retransmitter of FIG. 7." The vehicle alarm unit of Fig. 8 includes a light 146. The light
`
`146 is a component of the vehicle alarm unit or system and, therefore, the light 146 and the
`
`vehicle alarm unit or system cannot be both the "first control device" and 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." Put simply, the vehicle alarm unit or system
`
`can only be 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" and the light 146
`
`is merely a component of the same.
`
`In this regard, when the "first control device" and 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" are given their ordinary and customary meaning, as is
`
`prescribed by MPEP §2258(I)(G), and when the intrinsic evidence of Claim 49 of the '130
`
`Patent is considered, the vehicle alarm unit or system of Ramono, or any components of
`
`the same, cannot be both the "first control device" and 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" of Claim 48 of the '130 Patent.
`
`In view of the above, the Patent Owner respectfully submits that Ramono does
`
`not disclose, teach, or suggest, the first control device of Claim 48, as the vehicle alarm
`
`13
`
`15
`
`

`
`unit or system ofRamono can only be, and can only serve as, 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."
`
`In view of the foregoing, the Patent Owner respectfully submits that Ramono
`
`does not disclose, teach, or suggest, the first control device of Claim 48 and, therefore, that
`
`Ramono does not disclose, teach, or suggest, the first control device which at least one of
`
`generates and transmits the first signal of Claim 48. In this regard, the Patent Owner
`
`further submits that Ramono does not disclose, teach, or suggest, the first signal of Claim
`
`48 "for at least one of activating, de-activating, disabling, andre-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."
`
`In view of the foregoing, Ramono, in failing to disclose, teach, or suggest, the
`
`recited first control device and the recited first signal of Claim 48 of the '130 Patent, does
`
`not disclose, teach, or suggest, many of the specifically recited features of Claim 48 of the
`
`'130 Patent, which features are important and recited features of said Claim 48. In view of
`
`the foregoing, Ramono does not anticipate, or otherwise render obvious or unpatentable,
`
`Claim 48 of the '130 Patent. In view of the above, The Patent Owner respectfully submits
`
`that Claim 48 of the '130 Patent is patentable over Ramono.
`
`IC(2). Issue 2 - Claim 48 of the '130 Patent is Patentable over Kniffin:
`
`The Patent Owner respectfully submits that Claim 48 is patentable over
`
`Kniffen. As best understood by the Patent Owner, Kniffin merely discloses a system for
`
`remotely controlling an access control device (lock 56, key 46, access control device 64) at
`
`14
`
`16
`
`

`
`a respective premises or vehicle via a clearinghouse 54. A user can send an RF signal from
`
`a device (22, 52). The clearinghouse 54 can receive the RF signal and can transmit a radio
`
`transmission directly to the respective lock 56, key 46, or access control device 64. As
`
`such, Kniffin, at the very least, fails to disclose, teach, or suggest, the recited first control
`
`device and the recited first signal of Claim 48 of the '130 Patent.
`
`Diagrams comparing the architectures of Claim 48 of the '130 Patent and the
`
`system of Kniffin are provided below.
`
`R"rfv>t·e }rom "/eilk~
`~:-cd Se-;:.~.;~~~i (}:.o~~:~~:.!
`n~:yj .. -::~=-
`
`::.{_lX!":0~-2 ~r-.:J.:·co
`~h-e \l$b;::le
`
`f<:~oiffen
`~~ ~~-
`
`R~:!~::l~:) T f~:)$!1~!:S·Sl~-.... ~
`Oire-t':~ t·~· LDct... :~6.. ~.,.·,~·~· 4t~.- (r~- .1':!;.-:.:x:e-ss C:::onhd
`~~·;c;~f-4
`
`The Patent Owner respectfully submits that Kniffin does not disclose, teach, or
`
`suggest, a control apparatus, comprising: 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,
`
`15
`
`17
`
`

`
`wherein the second signal is at least one of generated by and transmitted from a second
`
`control device, 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, 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, all of
`
`which are specifically recited features of Claim 48.
`
`At the very least, Kniffin does not disclose, teach, or suggest, a first control
`
`device, wherein the first control device is capable of at least one of activating, de(cid:173)
`
`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. To the contrary, Kniffin only
`
`discloses an access control device for a vehicle which is located at the vehicle and which is
`
`controlled directly by a signal which is transmitted from the clearinghouse 66, which is
`
`located remote from the vehicle. In this regard, the access control device 64 of Kniffin,
`
`16
`
`18
`
`

`
`once it receives the signal from the remotely located clearinghouse 66, is enabled or
`
`activated by and/or functions in response to the signal received from the remotely located
`
`clearinghouse 66. There is no intermediate control device in Kniffin at the vehicle and,
`
`therefore, there is no recited first control device in Kniffin which is located at the vehicle
`
`which generates the recited first signal for at least one of activating, de-activating,
`
`disabling, and re-enabling, the access control device which is a vehicle system, a vehicle
`
`component, a vehicle device, a vehicle equipment, a vehicle equipment system, or a
`
`vehicle appliance.
`
`The Patent Owner respectfully submits that the access control device for a
`
`vehicle disclosed in Kniffin (hereinafter "the vehicle access control device"), or any
`
`components of same, cannot be and cannot serve as the first control device of Claim 48 of
`
`the '130 Patent. As provided herein, the Patent Owner respectfully submits that the term
`
`"first control device" should be given its ordinary and customary meaning pursuant to
`
`MPEP §2258(I)(G). Similarly, the Patent Owner submits that the phrase "at least one of a
`
`vehicle system, a vehicle component, a vehicle device, a vehicle equipment, a vehicle
`
`equipment system, and a vehicle appliance" should also be given its ordinary and
`
`customary meaning.
`
`When given its ordinary and customary meaning, the "first control device"
`
`cannot include the separately recited device that is being controlled by the "first control
`
`device". Similarly, when given its ordinary and customary meaning, 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" cannot include the device that controls the
`
`same. In this regard, the "first control device" and the "at least one of a vehicle system, a
`
`17
`
`19
`
`

`
`vehicle component, a vehicle device, a vehicle equipment, a vehicle equipment system, and
`
`a vehicle appliance" cannot be one and the same device, and 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" cannot include the separately recited "first control
`
`device".
`
`In this regard, the Patent Owner respectfully submits that the vehicle access
`
`control device of Kniffin, or any components of same, cannot be and cannot serve as both
`
`the "first control device" and 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"
`
`of Claim 48. Such a construction would completely disregard the ordinary and customary
`
`meanings of these words or phrases and would serve to completely disregard at least one of
`
`these separate and distinct claim elements or limitations.
`
`The Patent Owner respectfully submits that the phrase "first control device"
`
`should be given its ordinary and customary meaning, and that the vehicle