Ex Parte Werthman et al - Page 16



                Appeal 2007-3462                                                                             
                Application 11/172,223                                                                       
           1    preferred over one that does not do so).                                                     
           2          We decline to ignore the wherein clause and therefore cannot sustain                   
           3    the Examiner’s rejection of claim 3.                                                         
           4          Group III (claims 4, 13 and 146)                                                       
           5          Applicants argue, with respect to claims 4, 13 and 14, that the                        
           6    description in Black that the Examiner directs attention to does not describe                
           7    a permanent recordation of a temperature event (FF 28).  Neither claim 13                    
           8    nor claim 14 recite a permanent recordation of a temperature event.  Rather                  
           9    claim 13 and similarly claim 14 recite that the temperature sensitive                        
          10    indicator is adapted to modify the response signal to be sent from the RFID                  
          11    tag based upon occurrence of the temperature of the portion above a                          
          12    predetermined temperature.  Applicants’ argument with respect to why                         
          13    Black does not describe a permanent recordation is not commensurate in                       
          14    scope with the full breadth of claims 13 and 14, and therefore the argument                  
          15    with respect to claim 13 and claim 14 is without merit.                                      
          16          Claim 4 recites that the connector performance indicating section is                   
          17    adapted to permanently record the occurrence of the temperature of the                       
          18    portion above the predetermined temperature.  Black describes storing                        
          19    temperature for indicating overflow and short-circuit conditions (Black                      
          20    21:17-22) that can be displayed to a user (Black 22:25-35) to indicate if                    
          21    there is a problem.  By storing and displaying that an anomaly has occurred,                 
                                                                                                            
                6  Although Applicants argue claims 4, 13 and 14 each individually, the                      
                arguments are the same with respect to each of these claims.  Therefore,                     

                                                     16                                                      



Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: September 9, 2013