Ex Parte Werthman et al - Page 8



                Appeal 2007-3462                                                                             
                Application 11/172,223                                                                       
           1          24.   With respect to claim 7, the Examiner found that it would have                   
           2    been obvious to use thermocouples to sense temperature for a more reliable                   
           3    reading (Final Rejection 2 and Answer 4-5).                                                  
           4          25.  With respect to claim 12, the Examiner found that it would have                   
           5    been obvious to use the Brady RFID tag cover to protect the tag circuitry                    
           6    (Id.).                                                                                       
           7          Applicants’ Arguments                                                                  
           8          26.  With respect to Group I (claims 1, 8, 9, 15, 20 and 21) Applicants                
           9    argue4 that (Br. 5-13):                                                                      
          10          a)  Black is not analogous art, since Black is directed to a sensor for a              
          11    pneumatic tire;                                                                              
          12          b)  Even if Black were analogous art, there is no suggestion in                        
          13    Stanescu to replace the Ballman LED with the Black transponder 200; and                      
          14          c)  The Examiner’s reason to combine is based on hindsight.                            
          15          27.  With respect to Group II (claim 3), Applicants argue that (Br. 13-                
          16    14) “there is no disclosure in Black of a temperature sensitive electrical                   
          17    section which is adapted to interrupt signal transmission between a chip                     
          18    section and an antenna section when the predetermined temperature is                         
          19    reached.”                                                                                    
          20          28.  With respect to Group III (claims 4, 13 and 14), Applicants                       
          21    argue (Br. 14-16) that the description in Black (7:25-40) does not                           

                                                                                                            
                4   We refer to the 3 November 2006 “Substitute Appeal Brief.”                               
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