Ex Parte Lind et al - Page 6

               Appeal 2007-0376                                                                             
               Application 10/280,259                                                                       

                      Further, Appellants’ arguments assume a universal definition for                      
               “critical” component which cannot include the DASHBOARD CONTROL                              
               MODULE of Berstis.  We observe that criticality of a component is mostly                     
               relative and a manufacture may designate components critical based on their                  
               vehicle design.  However, a determination of which functions are crucial or                  
               “critical” to the operations of the vehicle is not needed since we observe that              
               the claims require that the nodes of the first group be merely “more critical”               
               than those of the second group.  Therefore, although the “DASHBOARD                          
               CONTROL MODULE” of Berstis may not be critical by itself, it certainly is                    
               more critical than the audio and navigation systems coupled to bus 12                        
               (Figure 1, cc. 2, ll. 55-60).                                                                
                      Therefore, by coupling the crucial nodes to the proprietary bus,                      
               Berstis separates the nodes into two groups wherein the communications                       
               related to one group of nodes is more critical than those of the other node.                 
               Based on our findings above, we agree with the Examiner that Berstis                         
               teaches the recited features and prima facie anticipates the claimed subject                 
               matter in the independent claims 10 and 19 and dependent claims 11-18 and                    
               20-31, argued together claim 1.  Accordingly, the 35 U.S.C. § 102 rejection                  
               of claims 10-31 is sustained.                                                                


                                                     6                                                      

Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: September 9, 2013