Appeal No. 2002-1867
Application No. 08/859,635
inputs and, based on a particular mathematical function, produces
a certain output. We fail to see how what takes place within
Davidian’s calculation module 90, which takes certain inputs,
applies them to an algorithm, and produces a result relative to a
safe distance, may not be considered a “transfer function,” as
broadly claimed.
We are unpersuaded by appellants’ argument that Davidian’s
recalculation of safe distance, based on a driver alertness test
result, cannot be based also on vehicle speed because the vehicle
is not moving when the alertness test is taken. There is nothing
in the claims which precludes vehicle speed and a normal driving
characteristic of a particular driver (driver alertness) from
being measured at different times.
Appellants also argue that the Davidian alertness test does
not affect the spacing from a vehicle in front but merely sets a
minimum spacing which will cause an alarm to be set off.
However, if the test results in a showing that a driver is less
alert than another driver, or of the same driver at a different
time, then the alarm will be set off at a greater distance so as
to give the driver more time to react, this reaction itself
controlling the spacing from a vehicle in front.
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