Appeal No. 2006-2414
Application No. 10/668,514
Gould relates to a monitoring system for a user or user activity rate monitor
in a microprocessor-based system per se and it does not have any disclosed
teachings or suggestions to any type of vehicle monitoring at all. Therefore, Gould
is not in the same field of invention or endeavor as the disclosed and claimed
invention and does not appear to us to be reasonably pertinent to the particular
problem addressed by the inventor herein. The examiner has not filed a
supplemental answer to address the arguments of appellants relating to the
nonanalogous art of Gould.
Notwithstanding these considerations with respect to the rejections of claims
11 through 14 and 16 through 18, we note in passing that the artisan may well have
considered the teaching value of Sasaki and Sterler, further in view of
Hallenstvedt, as a broad change of warning if the clutch slippage continues over
time since Sasaki operates in the environment of a torque converter 2 and clutch 4
and slippages related thereto. Stopping the vehicle as taught by Hallenstvedt
would have been an enhanced warning capability over the buzzer and lamp
arrangement taught by Sasaki and Sterler.
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