Ex parte YOSHIKAWA et al. - Page 5




          Appeal No. 1998-2869                                                        
          Application 08/453,496                                                      


          not include and is never concerned with a driving state-                    
          determining means for determining whether or not the driving                
          state of the vehicle driver is normal/abnormal as defined in                
          claims 1 and 12.  Appellants point out that the yaw motion                  
          control device of Shiraishi ‘636 automatically controls the                 
          vehicle’s yaw rate according to quantitative differences or                 
          slippages between the reference yaw rate and a detected,                    
          actual yaw rate of the vehicle.  Shiraishi’s yaw motion                     
          control system is effectively based on a presumption that the               
          driver is driving normally.  See pages 8 through 11 of                      
          Appellants’ brief.                                                          
               On page 10 of the Examiner’s answer, the Examiner agrees               
          that Shiraishi ‘636 does not address a consideration of                     
          whether the vehicle driver is driving normally or abnormally.               
          The Examiner argues that “independent claims 1 and 12 do not                
          claim or detailedly describe what and how to define the                     
          normal/abnormal behavior parameter from a driver or human,                  
          such as a relationship between the driver’s intentions and                  
          vehicle movement on the road so that the system detecting                   
          vehicle driver is driving normally or abnormally.”  The                     


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