Ex Parte BERGHOLZ et al - Page 4



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

          disclosed by Davidian, as broadly claimed, we agree with the                 
          examiner that the instant claimed subject matter would have been             
          obvious in view of Davidian.                                                 
               Taking instant claim 1 as exemplary, Davidian clearly                   
          discloses a method for spacing control for a vehicle having an               
          arrangement for determining an intended spacing from a vehicle               
          traveling in front.  As the safety distance is calculated in                 
          calculation module 90 with inputs such as vehicle speed (from                
          sensor 12) and driving ability test (element 60), it is clear to             
          us that the spacing control in Davidian is based, at least in                
          part, on vehicle speed, and that an algorithm within module 90               
          calculates distance (i.e., spacing control) from the vehicle                 
          speed and other factors, one of those factors being driver                   
          ability, wherein reaction time of the driver is taken into                   
          account.  The calculation is adapted to a normal driving                     
          characteristic of a particular driver (one whose reaction time               
          has been tested) in order to produce an intended spacing, or                 
          distance, which is different for a driver (the same or another               
          driver) having a different reaction time result, all other                   
          factors being equal.                                                         
               While Davidian does not mention a “transfer function,” a                
          transfer function is merely an algorithm which takes certain                 
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