Ex Parte Wacyk - Page 10




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

               Houggy to show a processor programmed to transmit status information in an assigned time slot                        
               and found that it would have been obvious to modify Armstrong’s transponder 150 with the                             
               teachings of Houggy such that Armstrong’s transponder transmits the address in an assigned                           
               time slot upon receiving a Read Tag ID command in order to avoid interference, noting such an                        
               advantage taught by Houggy at column 3, lines 2-4.                                                                   
                       Appellant argues that the time slots of Houggy are synchronized to the zero crossings of                     
               the AC power supplied to the master station and that the point in time at which a dimmer in                          
               Houggy transmits its status is determined by the timing of a subsequent zero crossing of the AC                      
               power line, rather than by the passing of a pre-determined period of time after the receipt of a                     
               command, as in claim 9.                                                                                              
                       For the reasons set forth by the examiner, at pages 19-20 of the answer, reasons which we                    
               adopt as our own, we will sustain the rejection of claim 9 under 35 U.S.C. § 103.  Quite clearly,                    
               a “‘pre-determined period of time after receipt of an address request signal’” can be interpreted                    
               as set forth by the examiner at pages 19-20 of the answer.                                                           
                       Similarly, we will also sustain the rejection of claim 10 under 35 U.S.C. § 103 for the                      
               reasons given by the examiner at page 20 of the answer, wherein the examiner has shown that                          
               the Replace Tag ID of Armstrong may be considered the claimed “‘signal addressed to the                              
               address and comprising a new address.’”  Appellant’s argument that Armstrong uses two signals                        
               to reprogram a transponder Tag ID is not persuasive.                                                                 
                       The rejection of claim 11 is based on the combination of Armstrong and Houggy with the                       
               addition of Guerrieri.  The examiner employs Guerrieri for the teaching of a lamp comprising a                       

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