Ex Parte Hoglund et al - Page 7



              Appeal 2006-3245                                                                                            
              Application 10/383,224                                                                                      
              and unambiguous within a period of the at least one element with periodic time-                             
              dependent behaviour.”  Claim 6 similarly recites, “at least one input data                                  
              component comprising a presentation of time, wherein the presentation of time is                            
              periodic, continuous and unambiguous within the period of the at least one element                          
              with periodic time-dependent behaviour.”                                                                    
                     As stated supra, Hirvonen discloses a system for detecting and positioning                           
              objects, such as vessels, above and under sea-level by measuring disturbances in                            
              the electric field within a surveillance area caused by the objects and comparing                           
              these measurements to the electric field in the surveillance area without vessels.                          
              The “uninhabited” surveillance area is considered “normal,” and the vessels are                             
              considered anomalies as they pass through the surveillance area.                                            
                     Hirvonen teaches using a three-dimensional model of the electric field in the                        
              surveillance area to locate the position of an object.  The resistivity of the water                        
              between the electrodes is a threefold integral of the conductivity of the medium in                         
              that part of the surveillance area, where the boundary conditions are:  water level,                        
              topography of the bottom, and conductivity of the water.                                                    
                     The Examiner found that Hirvonen’s use of water level as a boundary                                  
              condition is an observable element having a periodic time dependent behavior                                
              because sea water level is an inherently periodic variable (Answer 3-4, citing to the                       
              Tide Article for evidence of diurnal and monthly tidal variations).  As such, the                           
              Examiner found that Hirvonen inherently discloses incorporating a presentation of                           
              time into at least one input data component.  We disagree.                                                  



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