Ex Parte Carrabis - Page 6

                  Appeal 2007-1598                                                                                         
                  Application 10/071,731                                                                                   

                  as recited in claims 16 and 17.  Therefore, we will sustain the obviousness                              
                  rejection of claims 10, 13, 16 and 17.                                                                   
                         Appellant contends (Br. 23-24) that it is unclear how Mizokawa can                                
                  store sensed information, as recited in claims 4, 14, and 15 without also                                
                  sensing the information.  However, Mizokawa does sense information and                                   
                  also must store the information, as it learns from its experiences and                                   
                  improves its performance accordingly.  (See Mizokawa, col. 3, ll. 52-60.)                                
                  Therefore, we will sustain the obviousness rejection of claims 4, 14, and 15.                            
                         Appellant contends (Br. 24-25) that neither reference discloses or                                
                  suggests using linear algebraic transforms, as recited in claim 5.  We agree.                            
                  Therefore, we will reverse the rejection of claim 5.                                                     
                         As to claims 6 through 8, Appellant contends (Br. 28-29) that nothing                             
                  in the references teaches or suggests ordering the modalities by preference                              
                  thereby defining a focus of the individual's attention.  Mizokawa does                                   
                  disclose (col. 20, ll. 33-34) that composite behavior is created by prioritizing                         
                  plural behaviors.  Thus, the two conditions of claim 6, a combination and                                
                  prioritizing, are met.  Further, as broadly interpreted, the brightness and the                          
                  temperature define the "focus of the individual's attention," since the user's                           
                  attention will be more on driving rather than on being upset.  Thus, we will                             
                  sustain the rejection of claim 6.  However, we find nothing in Mizokawa                                  
                  about "a co-ordinate group of representational geometry to which attention                               
                  of the individual is drawn" nor "a cognitive behavioral model," as recited in                            
                  claims 7 and 8, respectively.  Accordingly, we will reverse the obviousness                              
                  rejection of claims 7 and 8.                                                                             
                         Appellant contends (Br. 33) that neither reference discloses or                                   
                  suggests use of the particular equation recited in claim 9 for calculating the                           

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