Ex Parte Banas - Page 4




              Appeal No. 2003-1531                                                                 Page 4                
              Application No. 09/772,274                                                                                 


                     [I]t would have been obvious to one of ordinary skill in the art to implement                       
                     the technique of Saitoh et al. in the system of Kawakami et al. for lowering                        
                     a temperature in the interior space of a vehicle in order to alert the driver                       
                     who is determined to be unaware . . . .  [Answer at page 3.]                                        
                     Appellant argues:                                                                                   
                            Kawakami does not awaken the driver by altering conditions in the                            
                     vehicle passenger compartment, but rather only produces a terminable                                
                     warning that requires a reaction from the driver.  If the cooling system of                         
                     Saitho [sic, Saitoh] was employed in Kawakami, the cool air would not                               
                     provide a terminable warning that requires a reaction by the driver, but                            
                     would rather only cool the passenger compartment to alter vehicle                                   
                     conditions.  The driver would not be alerted of his sleepiness and would                            
                     not perform any action to terminate the flow of cool air.  [Brief at page 4.]                       
                     The goal of the Kawakami invention is to improve the awareness of vehicle                           
              drivers (col. 1, lines 8 to 10).  Kawakami discloses that tactile, visual and audible                      
              warnings are generated when it is determined that the driver is drowsy (col. 5, lines 23                   
              to 39) to alert the driver of drowsiness and thereby increase the awareness of the                         
              driver.  The drowsiness determination is made by comparing the detected heartbeat                          
              rate of the driver with a reference value (col. 2, lines 30 to 35).                                        
                     Saitoh discloses that once it is determined that a driver is drowsy, several                        
              methods can be used to improve the awareness of the driver including raising the                           
              volume on the CD player, generating an audible warning, supplying perfume to the                           
              automobile compartment, and decreasing the temperature in the automobile                                   
              compartment.  The reduction of the temperature is done using an air conditioner which                      
              blows air in the direction of the driver (col. 9, lines 30 to 50).                                         








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