Ex Parte Stam et al - Page 9

                 Appeal 2007-2217                                                                                        
                 Application 11/231,232                                                                                  
                                                                                                                        
                 would (1) generate an automatic exterior light control signal responsive to                             
                 light sensors 20, 22, and (2) generate an “exterior light status indicator                              
                 signal” via image capture devices 14 and 16.9  Therefore, representative                                
                 claim 9 is fully met by this embodiment of Schofield as well.                                           
                        For at least these reasons, we will sustain the Examiner’s rejection of                          
                 representative claim 9 and independent claims 1 and 17 which fall with                                  
                 claim 9.                                                                                                
                        Although Appellants nominally argue the rejection of dependent                                   
                 claims 2-4, 7, 8, 10-15, and 18-21 separately (Br. 18-20), Appellants merely                            
                 reiterate the arguments made with respect to the independent claims.  These                             
                 arguments, however, do not persuasively rebut the Examiner’s prima facie                                
                 case of anticipation for the reasons previously discussed.  The Examiner’s                              
                 rejection of these claims is therefore sustained.                                                       



                                                                                                                        
                 9 We further note that the term “exterior light status indicator signal” is fully                       
                 met by a signal that would merely indicate whether power is being applied to                            
                 the lights at all (e.g., a voltage or current signal).  Although Schierbeek does                        
                 disclose such an exterior light status indicator signal at least via input 68 (see                      
                 col. 6, ll. 28-30), that signal is not a function of a portion of at least one                          
                 image as claimed.  Rather, such a light status indicator signal is based on the                         
                 signal from sensors 20, 22.                                                                             
                 However, the question of whether it would have been obvious to the skilled                              
                 artisan at the time of the invention to utilize an ambient light signal in                              
                 Schierbeek’s headlight control system that is based on ambient light detected                           
                 by image capture devices 14, 16 as suggested by Schofield in lieu of light                              
                 sensors 20, 22 in Schierbeek is a question based on an obviousness                                      
                 determination that is not before us.                                                                    

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