Ex parte SCARZELLO et al.

Board of Patent Appeals and Interferences

Aug 26, 1998

08054166 (B.P.A.I. Aug. 26, 1998)

Navy Case No. 75,175.1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
This opinion (1) was not written for publication and
(2) is not binding precedent of the Board.
Paper No. 28
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte JOHN F. SCARZELLO,
DANIEL S. LENKO, and ADAM C. FEAGA
____________
Appeal No. 95-5091
Application No. 08/054,1661
____________
ON BRIEF
____________
Before HAIRSTON, JERRY SMITH, and TORCZON, Administrative
Patent Judges.
TORCZON, Administrative Patent Judge.
DECISION ON APPEAL
BACKGROUND
This is an appeal under 35 U.S.C. § 134 from the final
rejection of claim 32 under 35 U.S.C. § 103. At the end of
extensive, and contentious, briefing by the examiner and
Appellants, all other pending claims, claims 1-31, stand
allowed. We affirm.
Appeal No. 95-5091 Page 2
Application No. 08/054,166
The subject matter of the invention is a vehicle detector
for installation in a roadway surface. Claim 32 states the
claimed subject matter as follows:
32. A sensing system for highway vehicles travelling
on a roadway surface, comprising:
a pair of sensors mounted below said roadway
surface and spaced from each other by a
predetermined distance in a direction substantially
parallel to said travelling of the highway vehicles
on the roadway surface;
data processing means connected to said sensors
for determining speed and length of the highway
vehicles as a function of differential [sic] between
field signatures respectively measured by said
sensors and the predetermined distance therebetween;
magnetometer means mounted in operative
proximity to said sensors for measuring a magnetic
field having a first component substantially
parallel to said roadway surface and a second
component substantially perpendicular to the first
component; and
means operatively connecting the magnetometer
means to the data processing means for also
determining vehicle presence on the roadway surface
as a function of said components of the magnetic
field measured by the magnetometer means.
(Paper No. 10 (Admt. filed 26 July 1994) at 1-2 (indentation
added).)
The examiner relies on the combination of the following
references in maintaining the rejection:
Scarzello et al. (Scarzello) 4,302,746 24 Nov. 1981
Gebert et al. (Gebert) 5,008,666 16 Apr. 1991
Appeal No. 95-5091 Page 3
Application No. 08/054,166
DISCUSSION
Gebert teaches detection of vehicle presence, length, and
speed using paired coaxial cables. (Abstract.) The cables
may be embedded below the roadway surface. (6:12-27; Fig. 1.)
Appellants' sensor limitation corresponds to Gebert's coaxial
cables.
"The twin coax cable
layout is preferably used in
combination with a vehicle
presence detector of any suitable
type." (10:20-22.) Gebert's
Figure 9 (right) shows a loop
detector 16 located in close (medial)
proximity to the coaxial cable sensors 15. (10:22-27.)
Scarzello teaches vehicle detection using a magnetometer that
detects both horizontal and vertical
vehicle signal components. (2:41-47; 3:14-
33.) The examiner substitutes Scarzello's
magnetometer for Gebert's loop sensor 16.
(E.g., Paper No. 20 at 5 (noting that any suitable detector
may be used) and at 5-6 (noting the magnetometer's
installation and power consumption benefits).)
Appeal No. 95-5091 Page 4
Application No. 08/054,166
Appellants' contention that Scarzello would not suggest a
perpendicular component is not consistent with the text of the
reference or their specification. The magnetometer's
horizontal component is parallel to the roadway surface and
the vertical component is perpendicular to the horizontal
component. Their specification concedes that a person having
ordinary skill in the art could readily adapt the Scarzello
magnetometer system to other axes. (Paper No. 1 at 9.) In
view of the arguments of
record, the preponderance of evidence supports the examiner's
conclusion.
DECISION
We affirm the rejection of claim 32 under section 103.
The period for taking any subsequent action in connection with
Appeal No. 95-5091 Page 5
Application No. 08/054,166
this appeal will be extended only under the limited
circumstances provided in 37 CFR § 1.136(b).
AFFIRMED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JERRY SMITH ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
RICHARD TORCZON )
Administrative Patent Judge )
Appeal No. 95-5091 Page 6
Application No. 08/054,166
OFFICE OF COUNSEL (PATENTS) CODE 004
CARDEROCK DIVISION
NAVAL SURFACE WARFARE CENTER
BETHESDA MD 20084-5000