Ex Parte Wacyk - Page 6




               Appeal No. 2006-1156                                                                                                 
               Application No. 09/903,882                                                                                           

               a randomize address signal addressed to a specific address.  We disagree.  In Armstrong, in                          
               Paragraph [0062], in the Reselect Tag ID mode, a command is issued  to select a new Tag ID                           
               when it is found that there are duplicate Tag IDs.  This is a randomization step since each                          
               transponder randomly selects a new Tag ID in response to that command.                                               
                       Having considered each of appellant’s arguments regarding the rejection of independent                       
               claim 1, and having found the arguments unpersuasive of nonobviousness, we will sustain the                          
               rejection of claim 1 under 35 U.S.C. § 103.                                                                          
                       With regard to claim 2, appellant argues that although Kowalski may teach a controller                       
               sending a transmit address request signal to the devices in a neighborhood group, any established                    
               communication will be with the addressed module because the reference assumes a system                               
               containing uniquely addressed modules.  Moreover, argues appellant, if Kowalski is combined                          
               with Armstrong, a person would establish a separate interrogation zone in which to detect the                        
               duplicate data of more than one module having the same identification data.  Appellant notes that                    
               this would not result in using a first address received from neighborhood devices in response to                     
               an address request signal as address ADDR1 of a first device in the neighborhood, transmitting                       


               an address inquiry signal to address ADDR1, and determining whether more than one response is                        
               received to the address inquiry signal, as required by claim 2.                                                      
                       We will sustain the rejection of claim 2 under 35 U.S.C. § 103.                                              
                       Kowalski clearly teaches (see the abstract, for example) the concept of selecting a                          
               module that responds first to a signal sent by a controller.  Thus, Kowalski taught a controller                     

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