Ex Parte BERGHOLZ et al - Page 3



          Appeal No. 2002-1867                                                         
          Application No. 08/859,635                                                   

          including a method and arrangement for space control between                 
          vehicles, based on vehicle speed and a driving characteristic of             
          a particular driver, except for the explicit disclosure of a                 
          “transfer function.”  The examiner concludes that it would have              
          been “obvious...to incorporate some form of transfer function                
          into the calculation module [90 of Davidian] since this would                
          have efficiently calculated the safest possible distance of a                
          vehicle based on the alertness of the particular driver” [answer-            
          page 3].                                                                     
               For their part, appellants argue that Davidian’s                        
          recalculation, carried out by calculation module 90 does not                 
          involve any transfer function and, in fact there is no disclosure            
          of a transfer function that must be used in order to change the              
          normal safe distance to a newly calculated safe distance.                    
          Moreover, argue appellants, since the only input to the module 90            
          for performing the recalculation of distance is the driver                   
          alertness test result, and such test is performed before starting            
          the vehicle, the recalculation of safe distance cannot be based,             
          even in part, on the speed of the vehicle.                                   
               While we understand the differences between the instant                 
          disclosed invention, including fuzzy control and the ability of              
          the controller to learn from previously received data, and that              
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