Appeal 2007-1854
Application 10/920,345
Koch US 5,500,065 Mar. 19, 1996
Aubel EP 1 279 526 A2 Jan. 29, 2003
Aubel US 6,921,197 B2 Jul. 26, 2005
Claims 1, 3, and 5-10 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Aubel (EP 1 279 526).1 Claims 1, 3, and 5-10 stand
rejected under 35 U.S.C. § 102(b) as being anticipated by Koch.
We reverse the stated rejections.
All of the appealed claims are drawn to a tire breakdown warning
device including a vehicle mount unit that includes a processing section for
processing detection signals received from at least one temperature sensor
and a warning section for providing a warning under at least two
circumstances: (1) when the processing section determines that a calculated
temperature value exceeds a preset threshold temperature value and (2)
when the processing section determines that a calculated temperature rise
value in a unit of time exceeds a preset threshold breakdown temperature
rise value. With regard to the second circumstance, the processing section
makes this rate determination at each temperature detected, as recited in
claim 1, the sole independent claim before us. The at least one temperature
sensor is embedded in the vicinity of at least one tire constituent component
end wherein the tire constituent component is placed in or part of a
pneumatic tire. This tire component is vulnerable to breakdown.
1 Both the Appellants and the Examiner rely on US Patent No. 6,921,197 B2
as an English language equivalent of the EP '526 reference. Hence, our
citations to Aubel herein will be to the U.S. Patent utilized as an English
language equivalent to the EP ‘526 reference over which the rejection is
made.
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