Appeal No. 2003-1531 Page 5
Application No. 09/772,274
Both Kawakami (col. 2, lines 30 to 35) and Saitoh (col. 1, lines 17 to 20; col. 4,
lines 54 to 57) determine the level of drowsiness of the driver, based on a detected
heartbeat rate and take steps to increase the level of awareness of the driver. In our
view, it would have been obvious to lower the temperature in the Kawakami driver
compartment as taught by Saitoh in response to the determination that the driver is
drowsy. In addition, as Saitoh discloses monitoring the level of drowsiness of the driver
and lowering the temperature in the vehicle cab in response to an increase of
drowsiness, Saitoh alone discloses the invention recited in claim 19.
Even if appellants are correct that the warnings used in Kawakami are warnings
that can be terminated by the driver and that therefore the driver would not be alerted to
his sleepiness were the teachings of Kawakami and Saitoh were combined, in our view
it would still have been obvious to utilize the temperature lowering step taught by Saitoh
to provide an additional means of increasing the level of awareness of the driver. In
any case, as Saitoh teaches that the temperature in the driver cab is reduced by
blowing cool air in the direction of the driver, this too may be considered a terminable
warning that requires the action of the driver to adjust the air conditioner so that cool air
is not flowing in his/her direction.
In view of the foregoing, we will sustain this rejection as it is directed to claim 19.
We will also sustain this rejection as it is directed to claims 20 and 21 because the
appellant has not advanced arguments with regard to these claims which is different
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