Ex Parte Werthman et al - Page 13



                Appeal 2007-3462                                                                             
                Application 11/172,223                                                                       
           1    sensing the temperature of a connector, and then visually indicating the                     
           2    result of the temperature to a user was well known (Ballman).  Stanescu,                     
           3    which was issued nearly a decade after Ballman, explains the many                            
           4    advantages of using RFID tags to convey information about a connector (FF                    
           5    16).  Stanescu does not convey an over temperature occurrence through the                    
           6    transponder, but it does communicate the occurrence of another potential                     
           7    anomaly – loss of connectivity.  Despite Applicants’ assertions that Stanescu                
           8    does not use its RFID tag to identify the actual status or connection of a                   
           9    cable (Reply Br. 3), we find that Stanescu does determine connectivity of a                  
          10    cable connector and conveys that information to a receiver through the                       
          11    attached RFID tag (Stanescu abstract “a system and method for monitoring                     
          12    connectivity in a cable system includes radio frequency identification (RFID)                
          13    transponders on cable ends and RFID sensors at connection points.”; col.                     
          14    3:16-18 “a system for monitoring pluggable cable connectivity includes an                    
          15    electronic tag proximate a connector of the pluggable cable; col. 3:37-39                    
          16    “[t]he described embodiment provides a real time way to identify and                         
          17    manage connectivity in a structured cable system”; and Claim 1 “a system                     
          18    for monitoring connections between plural mating positions made by a cable                   
          19    having a connector at each of two ends”). (Emphasis added).                                  
          20          Case law illustrates that an adaptation of an old idea (here Ballman)                  
          21    using newer technology that is commonly available and understood in the art                  
          22    (here Stanescu and Black) would have been obvious to the skilled artisan.                    
          23    Leapfrog Enterprises Inc. v. Fisher-Price Inc., 485 F.3d 1157, 1162,  82                     

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