`Volkswagen Group of America, Inc., Petitioner
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`1
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` TJNI TED S '.['ATE'F_-1 PATEN T AND TRADEE-‘IARK QFFI CE
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`Cornrnis-sinner for Patents
`United States Patent and Tradernark Office
`F'.O. Elo;~t145I:i
`Alexaridria, VA 2231 3-1 450
`vuvu-wuspto.gmr
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`DO NOT USE IN PALM PRINTER
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`(THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS)
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`KENYON & KENYON LLP
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`ONE BROADWAY
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`NEWYORK, NY 10004
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`EX PARTE REEXAMINATION COMMUNICATION TRANSM|'|'|'AL FORM
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`REEXAMINATION CONTROL NO. 90/013 301.
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`PATENT NO. 6549130.
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`ART UNIT 3992.
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`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)).
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`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)).
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`PTOL—465 (Rev.O7—04)
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`2
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`Application/Control Number: 90/013,301
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`Page 2
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`Art Unit: 3992
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`EX PARTE REEXAMINATION
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`FINAL OFFICE ACTION
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`Pertinent Prosecution History
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`A request for ex parte reexamination of the patent number 6,549,130 (“130 Patent”) was
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`filed by a third party requester (“Requester”) on July 21, 2014, assigned control number
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`90/013,301 (“ ‘30l Request”).
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`In response to the ‘30l Request, the Office mailed an “Order Granting Reexamination
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`Request” on September 17, 2014 (“20l4 ‘130 Order”). In the 2014 ‘130 Order, the Office
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`indicated that claim 48 was subject to the instant reexamination.
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`A non—final office action (“20l5 Non—Final Office Action”) followed the 2014 ‘ 130
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`Order after two—month waiting period for the Patent Owner’s statement under 35 USC 304.
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`The Patent Owner is reminded that because the ‘ 130 Patent which is being reexamined is
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`Expired Patent
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`expired, amendments to the claims, except cancellation of the claims, are not allowed.
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`Claim 48 is pending for consideration.
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`Status of the Claims
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`Claim 48 of the ‘ 130 Patent is reexamined based on the following references:
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`Prior Art
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`U.S. Patent 5,070,320 to Ramono (“Ramono”).
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`U.S. Patent 5,113,427 to Ryoichi et al.(“Ryoichi”).
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`Application/Control Number: 90/013,301
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`Page 3
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`Art Unit: 3992
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`U.S. Patent 5,276,728 to Pagliaroli et al. (“Pagliaroli”).
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`U.S. Patent 5,081,667 to Drori et al. (“Drori”).
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`U.S. Patent 5,103,221 to Memmola. (“Memmola”).
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`Statutes
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(a) the invention was known or used by others in this country, or patented or described in a printed publication in
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`this or a foreign country, before the invention thereof by the applicant for a patent.
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or
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`on sale in this country, more than one year prior to the date of application for patent in the United States.
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`(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed
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`in the United States before the invention by the applicant for patent or (2) a patent granted on an application for
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`patent by another filed in the United States before the invention by the applicant for patent, except that an
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`international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this
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`subsection of an application filed in the United States only if the international application designated the United
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`States and was published under Article 21(2) of such treaty in the English language.
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`(e) the invention was described in a patent granted on an application for patent by another filed in the United
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`States before the invention thereof by the applicant for patent, or on an international application by another who
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`has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(c) of this title before the invention
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`thereof by the applicant for patent.
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`The changes made to 35 U.S.C. 102(e) by the American Inventors Protection Act of 1999
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`(AIPA) and the Intellectual Property and High Technology Technical Amendments Act of 2002
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`do not apply when the reference is a U.S. patent resulting directly or indirectly from an
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`international application filed before November 29, 2000. Therefore, the prior art date of the
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`Page 4
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`Art Unit: 3992
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`reference is determined under 35 U.S.C. 102(e) prior to the amendment by the AIPA (pre—AIPA
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`35 U.S.C. 102(e)).
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a)
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`A patent may not be obtained through the invention is not identically disclosed or described as set forth
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`in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
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`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
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`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
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`Claim Rejections and Comments
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`Issue 1:
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`Claim 48 is rejected under 35 USC 102(b) as being anticipated by Ramono.
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`The rejection below is the same as the proposed rejection by the Requester at pages 14-18
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`in the request for reexamination and at pages A1—A3 in the Appendix submitted with the request
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`for reexamination which are incorporated herein by reference.
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`A control apparatus (Ramono discloses “[i]n addition, my invention contemplates the
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`use of coded radio frequency signals, such as conventionally used in residential garage door
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`openers for examples.., to control activation/deactivation of a distress alarm in a moving
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`vehicle.” Col. 2, lines 8-15), comprising:
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`(Ramono discloses the use of a chain of three control devices, e.g., a Vehicle alarm
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`system (a first control device located at a vehicle), a fixed area alarm unit 14 (a second
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`control device located remote from the vehicle), and a remote alarm initiator 12 (a third
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`control device located remote from the second control device and remote from the vehicle),
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`sending control signals from one device to the next, culminating in the activation (or
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`deactivation) of a vehicle system, e. g., initiating an alarm, flashing exterior lights, resetting
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`the alarm, etc. For example, the vehicle alarm unit functioned as the first control device can
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`generate a signal in resgonse to a signal from the fixed area alarm unit 14 to flash the exterior
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`vehicle lights.)
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`a first control device wherein the first control device is capable of at least one of
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`activating, de-activating, disabling, and re-enabling, one or more of a plurality of at least
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`one of a vehicle system, a vehicle component, a vehicle device, a vehicle equipment, a
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`vehicle equipment system, and a vehicle appliance, of a vehicle wherein the first control
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`device at least one of generates and transmits a first signal for at least one of activating, de-
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`activating, disabling, and re-enabling, the at least one of a vehicle system, a vehicle
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`component, a vehicle device, a vehicle equipment, a vehicle equipment system, and a
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`vehicle appliance, wherein the first control device is located at the vehicle, and further
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`wherein the first control device is responsive to a second signal, wherein the second signal is
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`at least one of generated by and transmitted from a second control device, (Fig. 8 of
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`Ramono shows a vehicle alarm unit functioned as a first control device. Ramono discloses “[t]he
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`vehicle alarm unit, as shown in FIG. 8, is intended to be installed in any vehicle such that when
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`the corresponding remote alarm initiator unit initiates an alarm to a fixed area alarm unit within
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`range of the automobile, the fixed area alarm unit can signal the vehicle unit to signal, for
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`example by flashing the exterior vehicle lights, until reset. The fixed area alarm unit can reset the
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`Page 6
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`Art Unit: 3992
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`vehicle alarm unit after a time delay, such as 15 minutes for example, which should be sufficient
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`time for security or police to arrive on the scene.” Col. 10, line 67 — col. 11, line 8. Ramono
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`further discloses “[a]n actuating signal received by an antenna 152 is demodulated by a receiver
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`154. The demodulated signal is interpreted by decode modules 156 and 158. The alarm trigger
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`decode module 156 compares the coded transmission to the code set in a code select module 160.
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`If it is a valid alarm code, decode module 156 energizes a relay coil 162 to cause normally open
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`contact 164 to close and supply the power to the vehicle horn or a siren 166...” Col. 11, line 48 to
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`56. Ramono also discloses “[i]f a fixed area alarm unit 14 receives a signal from a remote alarm
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`initiator 12, and shortly thereafter receives a properly coded alarm signal from the same, it can be
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`operative to transmit a signal that will be received by a vehicle alarm system.” Col. 10, lines 4 to
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`8).
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`wherein the second control device is located at a location which is remote from the
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`vehicle, and wherein the second signal is transmitted from the second control device to the
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`first control device, and further wherein the second signal is automatically received by the
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`first control device, (Ramono discloses fixed area alarm 14 functioned as a second control
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`device: “[f]ixed area alarm 14 may be mounted to existing utility poles or other elevated
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`structures." Col. 4, lines 13 to 14. Ramono further discloses “[i]f a fixed area alarm unit 14
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`receives a signal from a remote alarm initiator 12, and shortly thereafter receives a properly
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`coded alarm signal from the same, it can be operative to transmit a signal that will be received by
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`a vehicle alarm system.” Col. 10, lines 4 to 8. Ramono also discloses, “The fixed area alarm of
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`FIG. 7 includes a jumper 136 by which the vehicle alarm feature is activated. When the modified
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`fixed area alarm unit receives a signal from a remote alarm initiator 12, timer 134 will cause a
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`Application/Control Number: 90/013,301
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`Page 7
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`Art Unit: 3992
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`lin1ited duration retransmission of a signal back to the remote alarm initiator for code
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`identification as above described. However, the code identification signal is also fed to a
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`logic/timer module 138. If a valid alarm code is received from the remote initiator 12
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`immediately after this code identification check, the logic/timer 138 will cause encoder 108 to
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`encode a signal from code selection module 126, which signal is then fed to transmitter 128 for
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`transmission of the preset code via antenna 130. This transmission will consist of short time
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`duration coded bursts every few seconds, which are transmitted to any auto alarm system in the
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`reception area while still allowing other fixed alarm systems to sense additional alarm
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`initiations.” Col. 10, lines 9-26).
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`wherein the second control device is responsive to a third signal, wherein the third
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`signal is at least one of generated by 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. (Ramono discloses “[a] portable remote
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`alarm initiator unit 12 is operable outside the dwelling or facility 11, such as by a person walking
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`along a street, visiting in the neighborhood, engaging in yard work or gardening, and the like.
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`Remote initiator 12 preferably is a small, battery powered, hand—held radio transmitter and
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`receiver unit that transmits and receives signals on assigned frequencies. Each remote initiator 12
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`is individually set to transmit and receive assigned codes. It offers protection for individuals
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`while outside the dwelling or facility 11 by permitting transmission of an alarm code for a pre—set
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`time period directly to a fixed area alarm 14.” Col. 3, lines 27-38).
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`Application/Control Number: 90/013,301
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`Page 8
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`Art Unit: 3992
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`Issue 3:
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`Claim 48 is rejected under 35 USC l02(b) as being anticipated by Ryoichi.
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`The rejection below is the same as the proposed rejection by the Requester at pages 24-28
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`in the request for reexamination and at pages A9—Al3 in the Appendix submitted with the
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`request for reexamination which are incorporated herein by reference.
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`A control apparatus, (Ryoichi discloses in the abstract: “The vehicle device control
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`system allows the vehicle device to be remotely controlled through a simple and low—cost
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`arrangement, making it possible for a vehicle radio telephone unit with no reception capability to
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`receive and transmit a signal.”) comprising:
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`(Ryoichi discloses the use of a chain of three control devices, e. g., a personal radio
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`paging unit 9 (a first control device located at a vehicle), a fixed radio station St (a second
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`control device located remote from the vehicle), and a telephone unit TEL (a third control device
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`located remote from the second control device and remote from the vehicle), sending control
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`signals from one device to the next, culminating in the activation (or deactivation) of a vehicle
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`system, e. g., unlocking the doors).
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`a first control device, wherein the first control device is capable of at least one of
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`activating, de-activating, disabling, and re-enabling, one or more of a plurality of at least
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`one of a vehicle system, a vehicle component, a vehicle device, a vehicle equipment, a
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`vehicle equipment system, and a vehicle appliance, of a vehicle, wherein the first control
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`9
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`Page 9
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`Art Unit: 3992
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`device at least one of generates and transmits a first signal for at least one of activating, de-
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`activating, disabling, and re-enabling, the at least one of a vehicle system, a vehicle
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`component, a vehicle device, a vehicle equipment, a vehicle equipment system, and a
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`vehicle appliance, wherein the first control device is located at the vehicle, and further
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`wherein the first control device is responsive to a second signal, wherein the second signal is
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`at least one of generated by and transmitted from a second control device,
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`(Ryoichi discloses in the abstract, “A radio—signal—responsive vehicle device control system
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`including a receiver unit (9, 41, 74, 100) for receiving a radio signal generated based on a signal
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`transmitted from a calling telephone unit and for generating a detectable signal based on the
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`received radio signal, receiver unit storage structure (8, 91, 102) mounted in a motor vehicle
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`for storing the receiver unit, a detector (D, 42, 73) for producing a detected signal in response to
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`detection of the detectable signal from the receiver unit, a control unit (S, S’, 43, 60) responsive
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`to the detected signal from the detector for producing a control signal based on at least the
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`detectable signal, and an actuator (A, F, 52, 56, 46, 68, 75, 517A) for controlling at least one
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`device in the motor vehicle based on the control signal from the control unit.” Ryoichi further
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`discloses “[t]he personal radio paging unit 9 which is employed as a receiver unit in this
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`embodiment generates a calling sound and a message sound when it receives a radio calling
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`signal and a signal such as a message signal following the radio calling signal. More specifically,
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`when the personal radio paging unit 9 receives a radio calling signal and a following message
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`signal, it generates a calling sound and a message sound as signals which can be detected by a
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`detector means comprising a sensor 10 and a code converter 11.’’ C01. 5, lines 16 to 25. Also
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`Ryoichi discloses “[w]hen the sensor 10 detects a calling sound given off from the personal radio
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`10
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`10
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`paging unit 9, the sensor 10 issues a signal to turn on the code converter ll and a control unit S
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`serving as a control means, as shown in FIG. l.” Col. 5, lines 32 to 36. Ryoichi further discloses
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`“[i]n response to the calling number, the personal radio paging unit 9 generates a calling sound
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`which is detected by the sensor 10. The sensor 10 then issues an output signal to turn on the
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`power supply of the code converter ll and the control unit S. Then, the personal radio paging
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`unit 9 generates a sound corresponding to the message signal ‘000’ which is subsequently
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`received. The sensor 10 detects this sound and converts it into an electric signal, and then
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`transmits the electric signal to the code converter ll. The code converter 11 converts the electric
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`signal, representing ‘000’ (decimal notation) into a prescribed operating electric signal, i.e., a
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`four—digit binary digital code signal ‘0000’. The code signal ‘0000’ is then sent to the control
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`unit S, which then selects and executes a program corresponding to the code signal ‘0000’, i.e.,
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`the control program P0 stored in the memory M. As described above, the control program P0 is a
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`program for operating the handbrake under remote control, and is executed to remotely control
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`the handbrake when the driver forgot to pull the handbrake lever 14 or is not certain if he applied
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`the handbrake.” Col. 8, lines 1 to 22. Ryoichi discloses “[a]s shown in FIGS. 2 and 3, a motor
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`vehicle or automobile 1 has an engine E, a battery B, and headlights L. The automobile 1 also
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`has a door 2 with a receiver insertion slot 4 defined therein behind a door handle 3 mourned on
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`the outer panel of the door 2. The receiver insertion slot 4 is connected to a guide passage 5
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`defined in the door 2. The guide passage 5 includes an outer guide passageway 5a and an inner
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`guide passageway 5b between which there is defined a slit 7 for passage of a window glass panel
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`6 therethrough. The inner guide passageway 5b is connected to a storage box 8 disposed as a
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`receiver storage means on the inner panel of the door 2 which is normally disposed in the
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`11
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`11
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`passenger compartment of the automobile l. The storage box 8 is angularly movably mourned on
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`the inner panel of the door 2 by means of a hinge 8a. A personal radio paging unit 9 can easily be
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`taken into and out of the storage box 8 by a person in the passenger compartment. When the
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`window panel 6 is lowered into the slit 7, the guide passage 5 is closed by the window glass
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`panel 6. When the window glass panel 6 is lifted, the personal radio paging unit 9 which is
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`inserted from outside through the receiver insertion slot 4 is slid through the guide passage 5 into
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`the storage box S. Since the slit 7 is of a small width, the inserted personal radio paging unit 9 is
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`smoothly guided through the guide passage 5 without dropping into the slit 7.” Col. 4, line 57 to
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`col. 5, line 15).
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`wherein the second control device is located at a location which is remote from the
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`vehicle, and wherein the second signal is transmitted from the second control device to the
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`first control device, and further wherein the second signal is automatically received by the
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`first control device, (Ryoichi discloses “[t]he personal radio paging unit 9 which is employed as
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`a receiver unit in this embodiment generates a calling sound and a message sound when it
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`receives a radio calling signal and a signal such as a message signal following the radio calling
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`signal. More specifically, when the personal radio paging unit 9 receives a radio calling signal
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`and a following message signal, it generates a calling sound and a message sound as signals
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`which can be detected by a detector means comprising a sensor 10 and a code converter ll.”
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`Col. 5, lines 16 to 25. Ryoichi also discloses “[a] radio wave indicating these calling and
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`message numbers is automatically radiated from a fixed radio station St of a telephone company,
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`and the personal radio paging unit 9 receives the calling number and the following message
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`number ‘000’.” Col. 7, line 64 to col. 8, line 1).
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`wherein the second control device is responsive to a third signal, wherein the third
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`signal is at least one of generated by and transmitted from a third control device, wherein
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`the third control device is located at a location which is remote from the vehicle and remote
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`from the second control device, wherein the third signal is transmitted from the third
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`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. (Ryoichi discloses “[a] calling number is
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`dialed by the pushbuttons of a general wire telephone unit TEL (FIG. 1), and those
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`pushbuttons which represent a code number, e.g., ‘000’ (decimal notation) corresponding to a
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`desired message signal are pushed. A radio wave indicating these calling and message numbers
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`is automatically radiated from a fixed radio station St of a telephone company, and the
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`personal radio paging unit 9 receives the calling number and the following message number
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`‘000’.” Col. 7, line 60 to col. 8, line 1).
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`Issue 4:
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`Claim 48 is rejected under 35 USC l02(e) as being anticipated by Pagliaroli.
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`The rejection below is the same as the proposed rejection by the Requester at pages 29-33
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`in the request for reexamination and at pages Al4—Al9 in the Appendix submitted with the
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`request for reexamination which are incorporated herein by reference.
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`A control apparatus, (Pagliaroli discloses “[t]he present invention relates to remotely
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`operated system for disabling an automobile, and more particularly to such systems that allow
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`either the owner of a vehicle or the police to selectively disable a vehicle after it has been stolen
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`or otherwise misappropriated.” Col. 1, lines 6 to 10) comprising:
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`(Pagliaroli discloses the use of a chain of three control devices, e. g., a control unit 16 (a
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`first control device located at the vehicle), a mobile telephone signal transn1itter 46 (a second
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`control device located remote from the vehicle), and a telephone 48 (a third control device
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`located remote from the second control device and remote from the vehicle), sending control
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`signals from one device to the next, culminating in the activation (or deactivation) of a vehicle
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`system, e. g., disabling the engine).
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`a first control device, wherein the first control device is capable of at least one of
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`activating, de-activating, disabling, and re-enabling, one or more of a plurality of at least
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`one of a vehicle system, a vehicle component, a vehicle device, a vehicle equipment, a
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`vehicle equipment system, and a vehicle appliance, of a vehicle, wherein the first control
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`device at least one of generates and transmits a first signal for at least one of activating, de-
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`activating, disabling, and re-enabling, the at least one of a vehicle system, a vehicle
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`component, a vehicle device, a vehicle equipment, a vehicle equipment system, and a
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`vehicle appliance, wherein the first control device is located at the vehicle, and further
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`wherein the first control device is responsive to a second signal, wherein the second signal is
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`at least one of generated by and transmitted from a second control device,
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`(Pagliaroli disclose “[w]ith the theft sensors 12 in place, a receiver 14, control unit 16, and a
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`means for accessing the control unit 16, such as a keypad 18, are added to the automobile. The
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`control unit 16 is coupled to either the electrical circuits or the electromechanical components
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`that selectively control the operation of the starter 20, ignition system 22 and emergency lights
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`14
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`14
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`24. Optionally, the control unit 16 may also be coupled to an externally visible device such as the
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`lights 26 surrounding the license plate. The controlled activation and deactivation of such
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`electrical circuits and electromechanical components, by a central control unit, is a technology
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`that is well known in the art of automobile anti—theft devices.” Col. 3, lines 50 to 63. Pagliaroli
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`further discloses “[r]eferring to FIG. 2, the details of the control unit 16 are shown. The signal
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`code 40 received by the receiver 14 by either the mobile telephone signal transmitter 46 or the
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`police transmitter 50, is forwarded to the control unit 16. Additionally, an input code 54 may be
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`entered through the keypad 18 within the automobile. The control unit 16 reads both the input
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`code 52 from the receiver 14 and the input code 54 from the keypad 18.” “A memory source 58,
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`such as an integrated memory circuit, is integrally formed as part of the control unit 16. Stored
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`within the memory source 58 is the code for enabling the automobile and a code for disabling the
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`automobile. Both stored codes may be fixed at the time of manufacture or may be programmable
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`utilizing the input variables located on the keypad 18.” “The control unit 16 recalls the enabling
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`and disabling code from the memory source 58 and compares the recalled codes with input code
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`read from the receiver 14 or the keypad 18. If the input code matches the disabling code,
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`disabling signals 60, 62 are sent to the starter 20 and ignition system 22, respectively, stopping
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`the operation of the automobile and preventing the automobile from being restarted.
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`Simultaneously, a control signal 64 is sent to the emergency lights 24 of the automobile,
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`activating the lights and warning surrounding traffic of the disabled nature of the automobile.
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`Optionally, a second control signal 68 may be sent to the license plate lights 26, changing the
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`color or flashing the license plate lights 26 so as to identify to passing police that the disabled
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`automobile is stolen.” Col. 5, lines 29 to 51. Pagliaroli further discloses “[r]egardless, to the
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`embodiment of the receiver 14 and the antenna 38, the receiver 14 scans the frequency range of
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`mobile telephone transmissions, which is in the range of 900 MHz. The signal codes 40 received
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`by the receiver 14 are forwarded to the control unit l6.” Col. 4, lines 40 to 44).
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`wherein the second control device is located at a location which is remote from the
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`vehicle, and wherein the second signal is transmitted from the second control device to the
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`first control device, and further wherein the second signal is automatically received by the
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`first control device, (Pagliaroli discloses in the abstract: “When the owner of an automobile
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`finds the vehicle stolen, the owner dials the telephone number corresponding to the disabling
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`code of the automobile. The dialed number causes a signal code to be transmitted from the
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`mobile telephone transmitte[r] network, wherein the signal is received by the stolen automobile.”
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`Pagliaroli discloses “Stated in general terms, the present invention includes a receiver that is
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`activated by theft detection sensors when the automobile is stolen. Once activated the receiver
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`monitors the signal frequency range currently used to transmit mobile telephone
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`communications. Once the owner of the automobile discovers that the automobile has been
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`stolen, the operator dials a predetermined telephone number corresponding to the receiver. The
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`number is then transmitted from the signal towers of the mobile telephone network in use. The
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`receiver receives the transmitted signal and compares it to a disabling code and an enabling code
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`stored within the receiver.” Col. 2, lines 42 to 54. Pagliaroli discloses “[f]irst, the signal code 40
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`may come from mobile telephone signal transmitter 46 operating in the area of the automobile.
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`Such mobile telephone signal transmitters 46 are now commonplace in populated areas and are
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`easily accessed. Mobile telephone signal transmitters 46 are often parts of larger mobile
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`telephone networks, often called ‘cellular networks’ that transmit signals across thousands of
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`square miles and many encompass several states. A signal code 40 is transmitted to the receiver
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`14 as if the receiver 14 were a common mobile telephone unit. The transmission of a dialed code
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`to a specific mobile telephone being a well—known technology in the art of telecommunications.
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`To transmit the signal code 40, a person, by using any telephone 48, need only dial the phone
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`number of the receiver 14. The local mobile telephone company would transmit the signal code
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`40, associated with the telephone number dialed, through its network of mobile telephone signal
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`transmitters 46. If the stolen vehicle were in the range of the mobile telephone transmitter
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`network, the receiver 14 would receive the signal code 40.” Col. 4, line 54 to col. 5, line 7).
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`wherein the second control device is responsive to a third signal, wherein the third
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`signal is at least one of generated by and transmitted from a third control device, wherein
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`the third control device is located at a location which is remote from the vehicle and remote
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`from the second control device, wherein the third signal is transmitted from the third
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`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. (Pagliaroli discloses “[f]irst, the signal
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`code 40 may come from mobile telephone signal transmitter 46 operating in the area of the
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`automobile. Such mobile telephone signal transmitters 46 are now commonplace in populated
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`areas and are easily accessed. Mobile telephone signal transmitters 46 are often parts of larger
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`mobile telephone networks, often called ‘cellular networks’ that transmit signals across
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`thousands of square miles and many encompass several states. A signal code 40 is transmitted to
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`the receiver 14 as if the receiver 14 were a common mobile telephone unit. The transmission of a
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`dialed code to a specific mobile telephone being a well—known technology in the art of
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`telecommunications. To transmit the signal code 40, a person, by using any telephone 48, need
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`only dial the phone number of the receiver 14. The local mobile telephone company would
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`transmit the signal code 40, associated with the telephone number dialed, through its network of
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`mobile telephone signal transmitters 46. If the stolen vehicle were in the range of the mobile
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`telephone transmitter network, the receiver 14 would receive the signal code 40.” Col. 4, line 54
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`to col. 5, line 7).
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`Additional Issues:
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`The Requester further proposed to reject claim 48 as being obvious under 35 USC l03(a)
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`over (i) Drori in view of Ramono, (ii) Drori in view of Ryoichi, (iii) Drori in view of Pagliaroli,
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`(iv) Memmola in view of Ramono, (v) Memmola in view of Ryoichi, (vi) Memmola in view of
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`Pagliaroli. These rejections are cumulative to the above rejections and are unnecessary. Thus,
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`they are not adopted.
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`Response of 3/18/15:
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`Response to Arguments
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`Patent Owner’s arguments have been fully considered but they are not persuasive.
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`Issue 1- pages 7-14:
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`Patent Owner argues the Ramono reference does not disclose the limitations of the claim
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`48 including at least “a first control device, wherein the first control device is capable of at least
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`one of activating, de—activating, disabling, and re—enabling, one or more of a plurality of at least
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`one of a vehicle system, a vehicle component, a vehicle device, a vehicle equipment, a vehicle
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`equipment system, and a vehicle appliance, of a vehicle, wherein the first control device at least
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`one of generates and transmits a first signal for at least one of activating, de—activating, disabling,
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`and re—enabling, the at least one of a vehicle system, a vehicle component, a vehicle device, a
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`vehicle equipment, a vehicle equipment system, and a vehicle appliance, wherein the first control
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`device is located at the vehicle”. Patent Owner further states, “[t]here is no intermediate control
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`device at the vehicle in Ramono and, therefore, there is no recited first control device located at
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`the vehicle, in Ramono, which at least one of generates and transmits a first signal for at least
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`o