Ex Parte Menard et al - Page 10




               Appeal No. 2006-3182                                                                                                
               Application No. 09/883,963                                                                                          

               interrogation signal to a remotely located transceiver. In response, the remote transceiver                         
               transmits codes to the vehicle transceiver.  If the transmitted codes match corresponding codes                     
               pre-stored in the memory of the vehicle, the door of the vehicle is consequently locked or                          
               unlocked.  Next, we find that Bates teaches an interrogator that transmits modulated spread                         
               spectrum signals to a remote intelligent communication device. The transmitted signals are then                     
               demodulated through cross correlation with a version of the pseudo random carrier. The                              
               demodulated codes are then compared with binary sequences pre-stored in a feedback shift                            
               register that are shifted in response to various clock pulses.  Additionally, we find that Ziemer                   
               teaches a method for de-spreading a desired signal through the autocorrelation of an infinite                       
               sequence of random binary digits. (pages 336-37).                                                                   
                       It is our view that one of ordinary skill in the art would have readily recognized that the                 
               combined teachings of Lambropoulos, Bates and Zeimer does not amount to the claimed                                 
               invention.  The proposed combination would, at best, amount to a system for remotely locking                        
               and unlocking a vehicle door by shifting binary sequences of transmitted pseudo codes to                            
               thereby auto-correlate said transmitted codes with codes already stored in the vehicle register.                    
               The ordinarily skilled artisan would have duly realized that the proposed combined teachings fall                   
               short of time-shifting the codes less than required for an intermediate transmission means to                       
               intercept and retransmit the response or interrogation signals. Consequently, we find error in the                  
               Examiner’s stated position, which concludes that the combination Lambropoulos, Bates and                            
               Ziemer teaches synchronizing a received pseudo code with a corresponding code already stored                        

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