Ex parte Yassan

Board of Patent Appeals and Interferences

Aug 16, 1999

08337806 (B.P.A.I. Aug. 16, 1999)

Application for patent filed November 14, 1994.1
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today
(1) was not written for publication in a law journal and
(2) is not binding precedent of the Board.
Paper No. 15
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte MOHAMMADREZA YASSAN
_____________
Appeal No. 97-2403
Application 08/337,8061
______________
ON BRIEF
_______________
Before HAIRSTON, JERRY SMITH, and GROSS, Administrative Patent
Judges.
HAIRSTON, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims
1 and 4 through 10. Claims 11 through 18 have been allowed,
and claim 3 stands objected to as being dependent upon a
Appeal No. 97-2403
Application No. 08/337,806
2
rejected base claim, but would be allowable if rewritten in
independent form including all of the limitations of the base
claim and any intervening claims.
The disclosed invention relates to a method of passively
reproducing an audio message on an audio system in a vehicle
upon the closure of an ignition switch.
Claim 1 is the only independent claim on appeal, and it
reads as follows:
1. A method for operating a vehicle message system
including a vehicle audio system having record, store and
replay audio function modes, the method comprising:
recording an audio message by reproducing a vocally
intoned output as a message signal in the record functional
mode of said vehicle message system;
storing said message signal;
retrieving said message signal in response to a first
predetermined actuator;
reproducing said audio message on said vehicle audio
system from said retrieved message signal;
wherein said actuator comprises an ignition switch and
said retrieving step comprises closing said ignition switch;
and
wherein said reproducing step comprises passively
reproducing said audio message.
The references relied on by the examiner are:
Appeal No. 97-2403
Application No. 08/337,806
3
Kawasaki 4,426,691 Jan. 17,
1984
Franklin 4,839,749 June 13,
1989
Zwern 5,193,141 Mar. 9,
1993
Appeal No. 97-2403
Application No. 08/337,806
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Claims 1 and 8 through 10 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Zwern.
Claims 4 through 6 stand rejected under 35 U.S.C. § 103
as being unpatentable over Zwern in view of Franklin.
Claim 7 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Zwern in view of Kawasaki.
Reference is made to the briefs and the answer for the
respective positions of the appellant and the examiner.
OPINION
All of the rejections are reversed.
Zwern discloses that fused 12 volt power from the
vehicle’s ignition system is converted to 5 volts only when
the ignition switch is in the on or start position (column 6,
lines 34 through 38). During the supplying of power, "the
invention’s function depends on the position of the
live/play/record switch 16" (column 6, lines 52 through 55).
"When in the play mode, the invention plays back a single
phrase each time start button 20 is pressed . . ." (column 7,
lines 39 through 41).
According to the examiner (Answer, page 5), "it would
have been obvious to one having ordinary skill in the art to
Appeal No. 97-2403
Application No. 08/337,806
5
position the switch 16 in the play function and passively
reproduce an audio message in response to ignition switch
operation."
Appellant argues (Brief, page 4) that:
Moreover, reproduction of a message requires
actuation of start button 20 when switch 16 has been
moved to the play mode. There is no teaching or
motivation in the Zwern reference that the start
button should be removed.
We agree with appellant that Zwern does not disclose
passive reproduction of an audio message upon closure of the
ignition switch. Thus, the obviousness rejection of claims 1
and 8 through 10 is reversed.
The obviousness rejection of claims 4 through 6 is
reversed because Franklin’s "digital clock 221 [sic, 22i] and
timed message circuit 22 in figure 4 for current time
designation and periodic time designation" (Answer, page 6)
neither teaches nor would have suggested "the omission of
triggering" by start button 20 that is clearly required for
playback by Zwern (Brief, page 6).
The obviousness rejection of claim 7 is reversed because
Kawasaki’s teaching of repeatedly reproducing a message
(Abstract; column 1, lines 17 through 21) does not cure the
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Application No. 08/337,806
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noted shortcoming in the teachings of Zwern.
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Application No. 08/337,806
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DECISION
The decision of the examiner rejecting claims 1 and 4
through 10 under 35 U.S.C. § 103 is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JERRY SMITH ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
ANITA PELLMAN GROSS )
Administrative Patent Judge )
KWH:svt
Appeal No. 97-2403
Application No. 08/337,806
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