Ex parte ROSS - Page 4




                Appeal No. 95-4350                                                                                                            
                Application No. 08/212,082                                                                                                    


                         using the acoustic sensor as taught in Feldmaier  for                           2                                    
                         sensing high frequency signals due to the deformation                                                                
                         of components associated with the vehicle during the                                                                 
                         crash event and providing a high frequency signal                                                                    
                         indicative of the deformation in order to combine a low                                                              
                         frequency accelerometer and a high frequency sensor to                                                               
                         provide a sensing system capable of giving early                                                                     
                         indication of crash severity with addition of reliable                                                               
                         indication of crash direction and initial velocity                                                                   
                         change.  Thus, because of the motivation set forth                                                                   
                         above, it would have been obvious to a person of                                                                     
                         ordinary skill in the art at the time the invention was                                                              
                         made to combine the teachings of Feldmaier and Diller.                                                               
                         Even if we assume for the sake of argument that it would                                                             
                have been obvious to one of ordinary skill in the art “to combine                                                             
                a low frequency accelerometer  [Diller] and a high frequency3                                                                            
                sensor [Feldmaier] to provide a sensing system capable of giving                                                              
                early indication of crash severity with addition of reliable                                                                  
                indication of crash direction and initial velocity change,” we                                                                
                find that the examiner still has not come to grips with the                                                                   
                “analyzing means” (claims 1 through 13) or the “microprocessor”                                                               
                (claims 14 through 19) for combining and analyzing the low                                                                    
                frequency and the high frequency signals.  For this reason, we                                                                


                         2Feldmaier makes clear (column 3, lines 38 through 43 and                                                            
                column 4, lines 11 through 18) that low frequency signals should                                                              
                be excluded because they interfere with the sensor readings of                                                                
                high frequency sensors.                                                                                                       
                         3Blackburn discloses (Figure 1) an A/D converter 102 for                                                             
                converting a low frequency accelerometer signal into a digital                                                                
                signal for processing by the microcomputer 104.                                                                               
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