Appeal 2006-3245
Application 10/383,224
The system of Hirvonen gathers measured observations of disturbances in
the electric field caused by a foreign object as it passes through the surveillance
area and uses this data to calculate, from the three-dimensional model, in which
part of the surveillance area the source of the disturbance is to be found. Hirvonen
is thus concerned with the value of the water level at the time the object passes
through the surveillance area. What matters in Hirvonen's calculation is the value
of the sea-water level itself, not the time at which any given sea-water level occurs.
We do not see any suggestion, teaching, or motivation in Hirvonen to present the
input data of the water level as a presentation of time.
The water level input may be a time-dependent variable, but for purposes of
Hirvonen’s calculation, it is merely a single value. In fact, to simplify the
calculation, Hirvonen teaches that an average depth of the water in the measured
area can be used for the water level. Thus, Hirvonen suggests using a single value
of an average depth regardless of time, such that the water level is a constant.
Even if we were to accept the Examiner’s finding that because sea water
level is an inherently periodic variable, Hirvonen discloses incorporating a
presentation of time into at least one input data component, Hirvonen would still
not anticipate the claims. Claims 1, 6, and 10 all recite that the presentation of
time is “periodic, continuous, and unambiguous.” The Examiner found that the
diurnal and monthly tidal variations in sea water level are essentially sinusoidal
(Answer 7). The Examiner took the position that this sinusoidal representation
would be “unambiguous” within a period of the tide if the “period” were defined as
less than a full cycle (Answer 7).
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