Ex Parte Cain - Page 6


                   Appeal No. 2006-1697                                                                                              
                   Application No. 10/400,998                                                                                        


                           Regarding independent claims 1 and 17, the examiner's rejection                                           
                   essentially finds that Ko teaches every claimed feature except for (1) determining                                
                   a link quality value for the omni-directional link, and (2) establishing a directional                            
                   link with the other mobile node if the link quality value is greater than a threshold                             
                   [answer, page 4].  The examiner cites Seiki as teaching such features and                                         
                   concludes that it would have been obvious to one of ordinary skill in the art at the                              
                   time of the invention to modify Ko to use link quality to determine when to use                                   
                   directional versus omni-directional antennas to ensure satisfactory antenna gain                                  
                   [answer, pages 4 and 5].                                                                                          
                           Regarding independent claim 10, the examiner finds that although Seiki                                    
                   teaches discontinuing the directional link if the link quality falls below a certain                              
                   threshold, neither Ko nor Seiki discloses that this threshold is lower than the first                             
                   threshold as claimed [answer, page 5].  The examiner, however, notes that it is                                   
                   well known to add hysteresis by using a second threshold lower than a first                                       
                   threshold to add stability and prevent thrashing about the threshold level.  The                                  
                   examiner then concludes that it would have been obvious to the skilled artisan at                                 
                   the time of the invention to add hysteresis by adding a second lower threshold to                                 
                   Seiki to add stability by avoiding thrashing between the directional and omni-                                    
                   directional antennas when the link quality is near the threshold [id.].                                           
                           Appellant argues that no proper motivation or suggestion exists to                                        
                   combine the references in the manner proposed by the examiner since this                                          
                   would change the principle of operation of Ko’s system and render Ko                                              


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