Ex Parte Oestreicher et al - Page 16




              Appeal No. 2006-0022                                                                    Παγε 16                 
              Application No. 09/810,943                                                                                      



              of the infant and an infant safety seat is useful as an indicator of occupant size.  From                       
              these teachings we conclude that it would have been further obvious at the time the                             
              invention was made to a person having ordinary skill in the art to not deploy the                               
              modified Research Disclosure safety restraint device if seat occupant weight is below a                         
              predetermined weight.                                                                                           


                      For the reasons set forth above, the decision of the examiner to reject claims 48                       
              and 51 under 35 U.S.C. § 103 is affirmed.                                                                       


              Claim 52                                                                                                        
                      We sustain the rejection of claim 52 under 35 U.S.C. § 103.                                             


                      Appellants argue (brief, pp. 19-20) that the applied prior art does not teach or                        
              suggest the step of determining a center of gravity of the seat occupant from the                               
              signals.  We do not agree.  Clearly, such is taught when Research Disclosure is                                 
              modified in the manner set forth above with respect to claim 36.  In that regard,                               
              Research Disclosure teaches that the load cell outputs can be used to calculate the                             
              center of mass for the occupant of the seat, which information is useful for determining                        
              the position of the occupant on the seat.                                                                       








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