Ex Parte Oestreicher et al - Page 18




              Appeal No. 2006-0022                                                                    Παγε 18                 
              Application No. 09/810,943                                                                                      



              respect to claim 36, the controller must inherently calculate the weight of an occupant                         
              by sampling the response of each of the sensors to a weight applied to the vehicle seat                         
              structure.  In addition, the above-noted teachings of Mazur would have made it obvious                          
              at the time the invention was made to a person having ordinary skill in the art to have                         
              further modified Research Disclosure so that the controller calculates the weight of an                         
              occupant by sampling the response of each of the sensors to a weight applied to the                             
              vehicle seat structure.                                                                                         


                      For the reasons set forth above, the decision of the examiner to reject claims 61                       
              and 69 under 35 U.S.C. § 103 is affirmed.                                                                       


              Claims 62, 64 and 70                                                                                            
                      We will not sustain the rejection of claims 62, 64 and 70.                                              


                      Appellants argue (brief, pp. 22-23) that the applied prior art does not teach or                        
              suggest a controller which samples the sensors approximately every thirty milliseconds.                         
              We agree.  The examiner's reliance (answer, p. 5) on Mazur as suggesting this                                   
              limitation is misplaced.  The sample rates taught by Mazur in column 7 are not sample                           
              rates for the weight sensor 56 but sample rates for other sensors.  Mazur teaches that                          








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