Ex parte GLABE - Page 5




          Appeal No. 1998-2867                                                        
          Application No. 08/362,747                                                  


          explained supra, the test signal never even passes through the              
          sensor and, therefore, cannot be delayed by it.                             
               Thus, Leiber lacks significant limitations of claim 81.                
          The examiner, in the "Response to argument" section of the                  
          answer, attempts to provide reasons for modifying Leiber to                 
          meet the claims.  For example, in response to Leiber's failure              
          to compare a test signal to a sensor-delayed test signal to                 
          detect a fault in a sensor, the examiner explains (Answer,                  
          page 7) that                                                                
               although Leiber runs a test signal through a whole                     
               control unit comprising transducer 11, processor 12,                   
               logic 13 and logic 16 in order to detect a fault,                      
               one of ordinary skill in the art would have found it                   
               obvious to run a timing signal through whatever                        
               portion of a system that was desired to be monitored                   
               for faults.  Thus, since Leiber teaches the basic                      
               concept of measuring the time it takes a test signal                   
               to be processed through a circuit and compare it to                    
               a reference time, one of ordinary skill in the art                     
               would have found this fault detection technique just                   
               as applicable to wheel speed sensors ..., the                          
               specific type of sensor not substantially affecting                    
               how a fault is detected using test signal timing                       
               comparison.                                                            
          The examiner further states (Answer, page 8),                               
                    Although the generated test signal in Leiber                      
               appears to be modified from an original state into a                   
               signal sequence in order that testing of processor                     
               and logic means can be realized, ... [o]ne of                          
               ordinary skill in the art would have recognized that                   
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