Ex Parte Barber et al - Page 13

                Appeal 2007-0205                                                                             
                Application 09/812,302                                                                       
                positioning device, such as global positioning system, the sensors are                       
                disclosed by Appellants to be positioned in specific locations and mapped to                 
                identify the corresponding location they are monitoring (Figures 1, 10, and                  
                12; Specification 4:10-17, 16:18-30, 17:27-32).                                              
                      With respect to Appellants’ argument related to the use of the same ID                 
                code in multiple sensors or tags (Reply Br. 21), we note that Lowe provides                  
                the general principals of identifying and locating an object.  Lowe’s specific               
                example related to tires having the same code merely is one of the                           
                embodiments that signifies an option for using tags with identical ID code                   
                when the objects are identical.  Nothing in Lowe precludes querying tags                     
                having different ID codes (FF 11).                                                           
                      Appellants further argue that claims 6, 45, and 58 require transmitting                
                information about the pest control device from the interrogator to a data                    
                collection device, which is absent in the applied prior art (Reply Br. 22).  We              
                disagree with Appellants (id.) that such arrangement would not have been                     
                obvious to one of ordinary skill in the art.  Su, in fact, discloses such                    
                arrangement in Figure 1 by showing a data collection unit (which                             
                interrogates each sensor and collects data) and a remote host computer that                  
                receives data obtained by the sensors (col. 2, ll. 42-46).                                   
                      With respect to claim 47, Appellants argue that the use of moisture                    
                meter in Su appears to be in terms of alternatives, instead of an addition to                
                the sensor (Reply Br. 23).  We disagree.  The use of moisture detector as                    
                disclosed by Su (col. 7, ll. 26-35) describes a mechanism for sensing the                    
                presence of termites as an alternative to the circuit interruption mechanism.                
                In fact, both mechanisms sense a physical condition that corresponds to the                  
                presence of the pests.                                                                       

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