Ex Parte Wacyk - Page 7




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

               that sends a transmit address request signal to neighborhood devices and uses a first address                        
               received from the devices in response to the address request signal.  That address may be labeled                    
               ADDR1.  This step is performed prior to any later transmission of an address inquiry signal to                       
               address ADDR1 of the first device because the controller did not yet have the address ADDR1 of                       
               the first device until after the response to the address request signal.  At this point, the                         
               combination of Kowalski/Armstrong suggested the transmission of an address inquiry signal to                         
               the address of the first device, as well as the remaining elements of the system of claims 1 and 2                   
               for the reasons set forth supra with regard to claim 1.                                                              
                       With regard to claim 3, appellant argues that while the examiner asserts that actions (a)–                   
               (d) are suggested by Kowalski in order for terminal T to select other modules that have yet to                       
               communicate with terminal T, and that action (f) is suggested by Armstrong’s transmitting a                          
               Reselect Tag ID command, the examiner does not assert that Armstrong teaches repeating action                        
               (e), determining whether more than one device responds to an address inquiry signal sent to a                        
               specified address.                                                                                                   


                       We agree with the examiner (answer-page 15) that because Armstrong teaches that the                          
               process of transmitting a Reselect Tag ID command continues until each transponder has a                             
               unique Tag ID, a step (e), as recited in claim 3, i.e., determining whether one or more additional                   
               responses to the address inquiry signal are received from one or more of the other devices, must                     
               also be repeated in Armstrong.                                                                                       
                       Accordingly, we will sustain the rejection of claim 3 under 35 U.S.C. § 103.                                 

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