PTO/SB/57 (09-14)
`Approved for use through 07/31/2015. OMB 0651-0064
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number
`(Also referred to as FORM PT0-1465)
`REQUEST FOR EX PARTE REEXAMINATION TRANSMITTAL FORM
`
`Address to:
`Mail Stop Ex Parte Reexam
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Attorney Docket No.: _______ _
`
`Date: October 27, 2014
`
`issued March 24. 1998
`
`• The request is made by:
`
`1. 0 This is a requestfor ex parte reexamination pursuant to 37 CFR 1.510 of patent number 5, 732,375
`D patent owner.
`0 third party requester.
`2. 0 The name and address of the person requesting reexamination is:
`
`Volkswagen Group of America, Inc.
`
`2200 Ferdinand Porsche Drive
`
`3.
`
`The Director is hereby authorized to charge the fee as set forth in 37 CFR 1.20(c)(1)
`to Deposit Account No. __________ _
`
`37 CFR 1.26(c). If payment is made by credit card, refund must be to credit card account.
`
`enclosed. 37 CFR 1.510(b)(4).
`
`Landscape Table on CD
`
`Herndon, VA20171
`Requester asserts D small entity status (37 CFR 1.27) or D certifies micro entity status (37 CFR 1.29). Only a
`patent owner requester can certify micro entity status. Form PTO/SB/15A orB must be attached to certify micro
`entity status.
`4.oa.
`ob. A check in the amount of$ _____ is enclosed to cover the reexamination fee, 37 CFR 1.20( c)(1 );
`D c. Payment by credit card. Form PT0-2038 is attached; or
`0 d. Payment made via EFS-Web.
`5. 0 Any refund should be made by D check or 0 credit to Deposit Account No._1....,1_-0_6_0_0 ____ _
`6. 0 A copy of the patent to be reexamined having a double column format on one side of a separate paper is
`7. D CD-ROM or CD-R in duplicate, Computer Program (Appendix) or large table
`D
`8. D Nucleotide and/or Amino Acid Sequence Submission
`If applicable, items a. - c. are required.
`a. D Computer Readable Form (CRF)
`b. Specification Sequence Listing on:
`D CD-ROM (2 copies) or CD-R (2 copies); or
`ii. D paper
`c. D Statements verifying identity of above copies
`9. 0 A copy of any disclaimer, certificate of correction or reexamination certificate issued in the patent is included.
`10. 0 Reexamination of claim(s) 1 and 7
`11. 0 A copy of every patent or printed publication relied upon is submitted herewith including a listing thereof on
`12. 0 An English language translation of all necessary and pertinent non-English language patents and/or printed
`
`is requested.
`
`Form PTO/SB/08, PT0-1449, or equivalent.
`
`publications is included.
`
`[Page 1 of 2]
`This collection of information is required by 37 CFR 1.510. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO
`to process) a request for reexamination. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 18 minutes to
`complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any
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`U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS
`TO THIS ADDRESS. SEND TO: Mail Stop Ex Parte Reexam, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, ca/11-800-PT0-9199 and select option 2.
`
`Aisin Seiki Exhibit 1010
`Page 1 of 66
`
`

`
`PTO/SB/57 (09-14)
`Approved for use through 07/31/2015. OMB 0651-0064
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number
`
`13. 0
`
`The attached detailed request includes at least the following items:
`
`a. A statement identifying each substantial new question of patentability based on prior patents and printed
`publications. 37 CFR 1.51 O(b)(1 ).
`
`b. An identification of every claim for which reexamination is requested, and a detailed explanation of the pertinency
`and manner of applying the cited art to every claim for which reexamination is requested. 37 CFR 1.51 O(b )(2).
`
`14. D A proposed amendment is included (only where the patent owner is the requester). 37 CFR 1.51 O(e).
`
`15. 0
`
`It is certified that the statutory estoppel provisions of 35 U.S.C. 315( e)( 1) or 35 U.S. C. 325( e)( 1) do not prohibit
`requester from filing this ex parte reexamination request. 37 CFR 1.51 O(b )(6).
`
`16.0 a. It is certified that a copy of this request (if filed by other than the patent owner) has been served in its entirety on
`the patent owner as provided in 37 CFR 1.33(c).
`The name and address of the party served and the date of service are:
`Mark A. Navarre, Delco Electronics Corporation, ERC Building Mail Stop D 32
`
`P.O. Box 9005, Kokomo, Indiana 46904
`
`Date of Service: October 27, 2014
`
`; or
`
`D b. A duplicate copy is enclosed since service on patent owner was not possible. An explanation of the efforts
`
`made to serve patent owner is attached. See MPEP 2220.
`
`17. Correspondence Address: Direct all communication about the reexamination to:
`
`26646
`
`I
`
`I Zip
`
`The address associated with Customer Number:
`
`Firm or
`Individual Name
`
`0
`
`OR
`
`D
`
`Address
`
`City
`
`Country
`
`Telephone
`
`I
`
`I State
`
`I Email
`
`18.0 The patent is currently the subject of the following concurrent proceeding(s):
`D a. Copending reissue Application No.
`D b. Copending reexamination Control No.
`D c. Copending Interference No.
`0 d. Copending litigation styled:
`Please see attached continuation sheet.
`
`WARNING: Information on this form may become public. Credit card information should not be
`included on this form. Provide credit card information and authorization on PT0-2038.
`/Clifford A. Ulrich/
`Authorized Signature
`
`October 27, 2014
`Date
`
`Clifford A. Ulrich
`
`Typed/Printed Name
`
`42194
`Registration No.
`
`D For Patent Owner Requester
`0 For Third Party Requester
`
`[Page 2 of 2]
`
`Aisin Seiki Exhibit 1010
`Page 2 of 66
`
`

`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
`submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of
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`If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
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`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`Aisin Seiki Exhibit 1010
`Page 3 of 66
`
`

`
`Request for Ex Parte Reexamination
`of U.S. Patent No. 5, 732,375
`
`CONTINUATION SHEET OF PAGE 2 OF FORM PTO/SB/57
`
`18d. Copending litigation styled:
`
`SIGNAL IP, INC. v. VOLKSWAGEN GROUP OF AMERICA, INC., Case No. 2: 14-cv-03113-
`JAK (JEMx) (C.D. Cal.)
`
`SIGNAL IP, INC. v. AMERICAN HONDA MOTOR CO., INC., Case No. 2:14-cv-02454-JAK
`(JEMx) (C.D. Cal.)
`
`SIGNAL IP, INC. v. BMW OF NORTH AMERICA, LLC, Case No. 2: 14-cv-03111-JAK (JEMx)
`(C.D. Cal.)
`
`SIGNAL IP, INC. v. FIAT USA., INC., Case No. 2:14-cv-13864-AJT-MAM (E.D. Mich.)
`
`SIGNALIP, INC. v. FORDMOTOR COMPANY, Case No. 5:14-cv-13729-JCO-PJK(E.D.
`Mich.)
`
`SIGNAL IP, INC. v. KIA MOTORS AMERICA, INC., Case No. 2:14-cv-02457-JAK (JEMx) (C.D.
`Cal.)
`
`SIGNAL IP, INC. v. MAZDA MOTOR OF AMERICA, INC., Case No. 8:14-cv-00491-JAK
`(JEMx) (C.D. Cal.)
`
`SIGNAL IP, INC. v. MITSUBISHI MOTORS NORTH AMERICA, INC., Case No. 8:14-cv-00497-
`JAK (JEMx) (C.D. Cal.)
`
`SIGNAL IP, INC. v. NISSAN NORTH AMERICA, INC., Case No. 2:14-cv-02962-JAK (JEMx)
`(C.D. Cal.)
`
`Page 1 of 1
`
`Aisin Seiki Exhibit 1010
`Page 4 of 66
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In Re Patent of
`
`Patent No.
`
`Issued
`
`Title
`
`Robert John Cashier
`
`5,732,375
`
`March 24, 1998
`
`METHOD OF INHIBITING OR ALLOWING
`AIRBAG DEPLOYMENT
`
`Application Serial No.
`
`08/566,029
`
`Filed
`
`Requester
`
`December 1, 1995
`
`Volkswagen Group of America, Inc.
`
`VIAEFS-WEB
`Mail Stop Ex Parte Reexam
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`I hereby certify that this correspondence is being electronically
`transmitted to the United States Patent and Trademark Office via
`the Office electronic filing system on October 27. 2014.
`Signature: /Helen Tam/
`Helen Tam
`
`REQUEST FOR EX PARTE REEXAMINATION
`OF U.S. PATENT NO. 5,732,375 PURSUANT TO 37 C.F.R. § 1.510
`
`SIR:
`
`Volkswagen Group of America, Inc. ("Requester" or "VWGoA"), through its
`
`undersigned counsel, hereby respectfully requests ex parte reexamination of U.S. Patent No.
`
`5,732,375 pursuant to 35 U.S.C. § 302 and the provisions of37 C.F.R. § 1.510.
`
`Aisin Seiki Exhibit 1010
`Page 5 of 66
`
`

`
`TABLE OF CONTENTS
`
`I.
`
`IDENTIFICATION PURSUANT TO 37 C.F.R. § 1.510(b)(2) ............................................ 1
`
`II. COPY OF THE '375 PATENT PURSUANT TO 37 C.F.R. § 1.510(b)(4) ......................... 1
`
`III. PROCEEDINGS RELATED TO THE '375 PATENT ........................................................ 1
`
`IV. THE '375 PATENT AND ITS PROSECUTION ................................................................. 2
`
`V.
`
`CITATIONS OF PRIOR ART PATENTS AND PRINTED PUBLICATIONS THAT
`RAISE SUBSTANTIAL NEW QUESTIONS OF PATENTABILITY ............................ 8
`
`VI. STATEMENTS IDENTIFYING EACH SUBSTANTIAL NEW QUESTION OF
`PATENTABILITY PURSUANT TO 37 C.F.R. § 1.510(b)(l) ......................................... 9
`
`VII. DETAILED EXPLANATIONS PURSUANT TO 37 C.F.R. § 1.510(b)(2) ........................ 9
`
`VIII. VWGoA's PROPOSED GROUNDS OF REJECTION ..................................................... 20
`
`IX. FEE PURSUANT TO 37 C.F.R. § 1.510(a) ....................................................................... 21
`
`X. CERTIFICATION PURSUANT TO 37 C.F.R. § 1.510(b)(5) ........................................... 21
`
`XL CERTIFICATION PURSUANT TO 37 C.F.R. § 1.510(b)(6) ........................................... 21
`
`XII. CONCLUSION ................................................................................................................... 22
`
`1
`
`Aisin Seiki Exhibit 1010
`Page 6 of 66
`
`

`
`EXHIBITS
`
`U.S. Patent No. 5,732,375, entitled "Method of Inhibiting or Allowing
`Airbag Deployment," issued March 24, 1998, to Robert John Cashier
`
`"First Amended Complaint For Patent Infringement" filed on July 11,
`2014 in SIGNAL IP, INC. v. VOLKSWAGEN GROUP OF Ai'vfERICA,
`INC. et al., Case No. 2:14-cv-03113-JAK (JEMx) (C.D. Cal.)
`
`Listing of Prior Art Patents and Printed Publications that Raise
`Substantial New Questions of Patentability Affecting the Claims of
`U.S. Patent No. 5,732,375
`
`German Utility Patent Publication G 91 11 479.9 to F+G Negamos
`Sicherheitselektronik GmbH
`
`U.S. Patent No. 5,474,327 to Schousek
`
`U.S. Patent No. 5,170,364 to Grosset al.
`
`U.S. Patent No. 5,232,243 to Blackburn et al.
`
`Certificate of Service
`
`Exhibit 1
`
`Exhibit 2
`
`Exhibit 3
`
`Exhibit 4
`
`Exhibit 5
`
`Exhibit 6
`
`Exhibit 7
`
`Exhibit 8
`
`11
`
`Aisin Seiki Exhibit 1010
`Page 7 of 66
`
`

`
`I.
`
`IDENTIFICATION PURSUANT TO 37 C.F.R. § 1.510(b)(2)
`
`Ex parte reexamination of claims 1 and 7 of U.S. Patent No. 5,732,375 ("the '375
`
`patent") is requested.
`
`II.
`
`COPY OF THE '375 PATENT PURSUANT TO 37 C.F.R. § 1.510(b)(4)
`
`Pursuant to 37 C.F.R. § 1.510(b)(4), annexed hereto as Exhibit 1 is a copy of the
`
`entire '375 patent including the front face, drawings, specification and claims (in double
`
`column format) for which ex parte reexamination is requested.
`
`To the best of Requester's knowledge, as of the date of this Request, no disclaimer,
`
`certificate of correction, or reexamination certificate has been issued in connection with the
`
`'375 patent.
`
`III.
`
`PROCEEDINGS RELATED TO THE '375 PATENT
`Although Requester is not obligated to inform the Office of proceedings related to the
`
`'375 patent, the Office is hereby informed of the following proceedings, which are pending as
`
`of the date of this Request, that relate to the '3 7 5 patent:
`
`SIGNAL IP, INC v. VOLKSWAGEN GROUP OF AkfERICA,
`INC et al., Case No. 2:14-cv-03113-JAK (JEMx) (C.D. Cal.)(cid:173)
`original complaint Filed on April 23, 2014, first amended
`complaint filed on July 11, 2014 (copy annexed hereto as
`Exhibit 2) naming Requester Volkswagen Group of America,
`Inc. among the defendants.
`
`SIGNAL IP, INC v. AA1ERICAN HONDA A10TOR CO., INC,
`Case No. 2:14-cv-02454-JAK (JEMx) (C.D. Cal.), First
`Amended Complaint filed on July 13, 2014
`
`SIGNAL IP, INC. v. Bj\fW OF NORTH AMERICA, LLC, Case
`No. 2: 14-cv-03111-JAK (JEMx) (C.D. Cal.), Complaint filed
`on April23, 2014
`
`SIGNAL IP, INC. v. FIAT US.A., INC et al., Case No. 2:14-cv-
`13864-AJT-MAM (E.D. Mich.), First Amended Complaint
`filed on June 11, 2014
`
`SIGNAL IP, INC. v. FORD A10TOR C01\1PANY, Case No.
`5:14-cv-13729-JCO-PJK (E.D. Mich.), Complaint filed on
`April23, 2014
`
`SIGNAL IP., INC. v. KIA 1\fOTORS A1\fERICA, INC, Case No.
`2:14-cv-02457-JAK (JEMx) (C.D. Cal.), Complaint filed on
`April1, 2014
`
`1
`
`Aisin Seiki Exhibit 1010
`Page 8 of 66
`
`

`
`SIGNAL IP., INC. v. 1\1AZDA AfOTOR OF A1\1ERICA, INC.,
`Case No. 8:14-cv-00491-JAK (JEMx) (C.D. Cal.), Complaint
`filed on April 1, 2014
`
`v. 1\1ITSUBISHI MOTORS NORTH
`INC.
`IP,
`SIGNAL
`A1\1ERICA, INC., Case No. 8:14-cv-00497-JAK (JEMx) (C.D.
`Cal.), Complaint filed on April1, 2014
`
`SIGNAL IP, INC. v. NISSAN NORTH AAfERICA, LV C., Case
`No. 2:14-cv-02962-JAK (JEMx) (C.D. Cal.), First Amended
`Complaint filed on July 23, 2014
`
`IV.
`
`THE '375 PATENT AND ITS PROSECUTION
`A.
`The '375 Patent
`
`The '3 7 5 patent is entitled "Method of Inhibiting or Allowing Airbag Deployment"
`
`and was issued on March 24, 1998 from U.S. Application Serial No. 08/566,029 ("the '029
`
`application"), filed December 1, 1995.
`
`The alleged invention of the '375 patent is directed to a method for using seat sensors
`
`to determine seat occupancy for control of airbag deployment. Col. 1, lines 7 to 9. For
`
`example, according to the '375 patent, a child in an infant seat may occupy a passenger seat
`
`in a vehicle, and in such instances it may be desirable to inhibit airbag deployment. Col. 1,
`
`lines 13 to 30.
`
`In purporting to determine whether an adult or a child occupies the passenger seat in a
`
`vehicle, and if a child in an infant seat occupies the seat, whether it is facing the front or the
`
`rear of the vehicle, the '375 patent, referring to Figure 2, describes that a dozen pressure
`
`sensors, placed at positions on the passenger seat, are coupled with a microprocessor that
`
`interprets the data and determines whether to deploy or inhibit deployment of an airbag. Col.
`
`2, line 63 to col. 3, line 10. Figure 2, which illustrates sensors both in the center of the seat
`
`bottom as well as near the edges of the seat, is reproduced below.
`
`2
`
`Aisin Seiki Exhibit 1010
`Page 9 of 66
`
`

`
`FIG - 2
`
`5 10 15 20 25 30 35 4045
`(]]
`
`7
`
`IT]
`
`[[]
`rn
`
`w []]
`[±] rn
`
`[g)
`
`[IT]
`[ill
`
`5
`
`10
`
`15
`20
`25
`
`30
`
`35
`40
`
`Specifically, the '375 patent describes that if the total force measured by the weight
`
`sensors in the passenger seat is above a certain upper threshold, deployment is allowed, while
`
`if the total force is below a certain lower threshold, deployment is inhibited. Col. 5, lines 12
`
`to 15. If the total force is between the upper and lower thresholds, the local force
`
`measurements of force sensor groups are compared to high and low thresholds. If any local
`
`sensor group (e.g., from the front, rear, left, or right of the seat) has a force above that
`
`prescribed high threshold, deployment is allowed. Col. 5, lines 15 to 19.
`
`B.
`
`Prosecution of the '375 Patent
`
`The below discussion ofthe prosecution ofthe '375 patent is limited to claims 1 and
`
`7, i.e., the claims for which reexamination is requested.
`
`As described above, the '029 application was filed December 1, 1995. As filed, the
`
`'029 application included 22 claims, including independent claim 1 and dependent claim 7,
`which depends from claim 1. Claim 1,1 as filed, is reproduced below:
`
`1. A method of airbag control in a vehicle having an array of
`force sensors on the passenger seat coupled to a controller for
`determining permission for airbag deployment based on sensed
`force and force distribution comprising the steps of:
`
`measuring the force detected by each sensor;
`
`calculating the total force of the sensor array;
`
`Claim 1 of the '029 application issued as claim 1 of the '375 patent, i.e., the only independent claim for
`which reexamination is requested herein.
`
`3
`
`Aisin Seiki Exhibit 1010
`Page 10 of 66
`
`

`
`allowing deployment if the total force is above a first threshold
`and inhibiting deployment if the total force is below a second
`threshold;
`
`defining seat areas each having a group of sensors;
`
`determining a local pressure area when the total force IS
`concentrated in a seat area;
`
`for each group calculating the group force as the sum of sensor
`forces;
`
`for a group in a local pressure area, allowing deployment if the
`group force is greater than a threshold for that group;
`
`determining a fuzzy value for the array; and
`
`allowing deployment if the fuzzy value exceeds a threshold.
`
`On March 27, 1997, an Office Action was mailed in which claims 1 and 17 were
`
`rejected as obvious in view of the combination of U.S. Patent No. S,474,327 ("Schousek")
`
`and U.S. Patent No. S,570,301 ("Barrus").
`
`With respect to the obviousness rejection of claims 1 and 7, the Examiner stated:
`
`Schousek discloses a method of airbag control in a vehicle
`having an array of force sensors on the passenger seat coupled
`to controller for determining permission for airbag deployment
`based on sensed force and force distribution comprising the
`steps of measuring
`the
`force detected by each sensor
`calculating the total force of the sensor array, allowing
`deployment if the total force is above a first threshold and
`inhibiting deployment if the total force is below a second
`threshold, defining seat areas each having a group of sensors
`(see figure SA and the related text). Schousek also discloses
`that the method includes the steps of determining a local
`pressure area when the total force is concentrated in a seat area
`and calculating the group force as the sum of sensor forces, and
`allowing deployment if the group force is greater than a
`threshold for that group (see figure SA, steps 70, 82, 64, 86 and
`the related text).
`
`Office Action, pages 3 to 4.
`
`While the Examiner concluded that Schousek does not include "a step of determining
`
`a fuzzy value for the array and allowing deployment if the fuzzy value exceeds a threshold,"
`
`the Examiner referred to Barrus, stating:
`
`4
`
`Aisin Seiki Exhibit 1010
`Page 11 of 66
`
`

`
`Barrus suggests a system for unencumbered measurement and
`reporting of body structure which using a trained neural
`network (fuzzy logic) for estimating positional attitude by
`comparing the outputs of the array sensors (see figures 5 and 6)
`to pre-determined outputs of the sensors corresponding to a
`plurality of pre-determined postures (see figures 7 A to 9,
`column 3, lines 29-36, and column 6, lines 50-66).
`
`Office Action, page 4.
`In an Amendment filed on June 9, 1997, the Applicant amended claim 1 as follows: 2
`
`1. A method of airbag control in a vehicle having an array of
`force sensors on the passenger seat coupled to a controller for
`determining
`[permission
`for] whether
`to allow air bag
`deployment based on sensed force and force distribution
`comprising the steps of:
`
`measuring the force detected by each sensor;
`
`calculating the total force of the sensor array;
`
`allowing deployment if the total force is above a [first] total
`threshold force [and inhibiting deployment if the total force is
`below a second threshold];
`
`defining a plurality of seat areas [each having a group of
`sensors], at least one sensor located in each seat area;
`
`determining the existence of a local pressure area when the
`calculated total force is concentrated in [a] one of said seat
`[area] areas;
`
`[for each group] calculating [the group] a local force as the sum
`of [sensor] forces sensed by each sensor located in the seat area
`in which the total force is concentrated; and
`
`[for a group in a local pressure area,] allowing deployment if
`the [group] local force is greater than a predefined seat area
`threshold force [for that group,]
`
`[determining a fuzzy value for the array; and]
`
`[allowing deployment if the fuzzy value exceeds a threshold].
`
`Added text is underlined, and deleted text is enclosed in square brackets.
`
`5
`
`Aisin Seiki Exhibit 1010
`Page 12 of 66
`
`

`
`In characterizing the amendments made to claim 1 the Applicant stated:
`
`Claim 1 has been amended to recite a method of airbag control
`in which deployment is allowed based on total force above a
`threshold or a local concentrated force above a threshold.
`
`Amendment, page 10.
`
`Further, in responding to the obviousness rejection, the Applicant acknowledged
`
`similarities between Schousek but argued that Schousek does not disclose determining a local
`
`pressure area or calculating a local force:
`
`Schousek is similar to Applicant's disclosed control method in
`that (1) it is directed to a method of determining whether to
`allow deployment of airbags based upon the sensed force on a
`passenger seat, (2) deployment is allowed if a total of the
`sensed forces exceeds a threshold, and (3) the total force is used
`to discriminate between adults and children. However, that is
`where the similarity ends. The additional aspects of Schousek -
`such as the discrimination between front and rear facing infant
`seats (or out of position occupant) based on a calculated center
`of weight relative to a reference line - are irrelevant to, or teach
`away from, Applicant's claimed invention. Thus, Schousek
`clearly does not, as stated by examiner, disclose the method of
`determining a local pressure area when the total force is
`concentrated in a seat area and calculating a local force as the
`sum of forces sensed by sensors located in that seat area, the
`portions of Schousek referenced by the examiner teach only
`that center of weight calculations should be used to distinguish
`between front and rear facing infant seats.
`
`Amendment, page 11.
`
`In further arguing that the combination of Schousek and Barrus did not render the
`
`pending claims obvious, the Applicant stated:
`
`Applicant's invention is particularly directed to an airbag
`deployment method in which various techniques are used to
`determine if an occupant is suitably positioned on a passenger
`seat. These
`techniques do not utilize center of weight
`calculations as taught by Schousek, nor do they utilize neural
`networks as
`taught by Barrus. Although Applicant has
`disclosed the use of pattern recognition to identify the presence
`of an infant seat, pattern recognition is not used to identify the
`position of an occupant, as taught by Barrus.
`
`Amendment, page 12.
`
`Further, with respect to claim 1, the Applicant argued:
`
`Applicant's Claim 1 defines a method wherein the controller
`determines the existence of a local pressure area when the total
`6
`
`Aisin Seiki Exhibit 1010
`Page 13 of 66
`
`

`
`force is concentrated in one of the predefined seat areas, and in
`such event, sums the forces of the sensors located in that seat
`area for comparison with a seat area threshold force to
`determine if deployment should be allowed. There is no
`teaching of this sort in either Schousek or Barrus. According to
`Schousek, the controller computes the center of weight from all
`of the sensors, and compares it with a reference line, according
`to Barrus, the controller would look for a recognizable
`occupant force pattern from all of the sensors. Since neither
`Schousek nor Barrus contain a teaching that suggests the
`claimed invention, no combination of Schousek and Barrus can
`be said to obviate the claimed invention.
`
`Amendment, pages 13 to 14.
`
`The Examiner issued a Notice of Allowance on September 9, 1997, which included
`
`the following statement by the Examiner of reasons for allowance:
`
`After carefully reviewing the application in light of the
`a.
`prior art of record, the amended claims and additional search of
`all the possible areas relevant to the present applications, a set
`of related prior art references has been found, but those prior art
`references are not deemed strong to make the application
`unpatentable. Thus, it is found that the application is now in
`condition for allowance.
`
`the prior art disclose several claimed
`Although
`b.
`limitations, none of the references teaches a method of airbag
`control in a vehicle having an array of force sensors on the
`passenger seat coupled to a controller for determining whether
`to allow airbag deployment based on the sensed force and the
`force distribution which includes the steps of defining a
`plurality of seat area in which each area includes at least one
`sensor, determining the existence of a local pressure area when
`the calculated total force of the sensor array is concentrated in
`one of the seat areas, calculating a local force as the sum of
`forces sensed by each sensor located in the seat area in which
`the total force is concentrated, and allowing deployment if the
`local force is greater than a predefined seat area threshold force
`(claim 1).
`
`d.
`In the Schousek reference (5,474,327), the total weight
`and weight distribution are calculated and are used to
`distinguish the presence of an adult, an infant seat facing
`forward, or an infant sear facing rearward, and the inhibition
`deployment of the airbag is based on the presence of an adult,
`presence and position of an infant seat. However, Schousek
`does not disclose the steps of determining the local force as the
`sum of forces sensed by each sensor located in the seat area,
`
`7
`
`Aisin Seiki Exhibit 1010
`Page 14 of 66
`
`

`
`and allowing deployment if the local force is greater than a
`predefined
`seat area. Moreover,
`the Barrus
`reference
`(5,570,301) neither teaches the use of pattern recognition to
`identify the presence of an infant seat, nor the comparison of
`the sum of the fuzzy local force and the fuzzy total force
`contribution values with a predefined fuzzy threshold.
`
`Notice of Allowance, pages 2 to 4.
`
`The Applicant paid the issue fee on November 14, 1997 without further comment, and
`
`the '375 patent issued on March 24, 1998 with 19 total claims, including independent claim
`
`1, and claim 7, which depends from claim 1 _3
`
`V.
`
`CITATIONS OF PRIOR ART PATENTS AND PRINTED PUBLICATIONS
`THAT RAISE SUBSTANTIAL NEW QUESTIONS OF PATENTABILITY
`Substantial new questions of patentability affecting claims 1 and 7 of the '3 7 5 patent
`
`are raised by the following prior art patents and printed publications. Annexed hereto as
`
`Exhibit 3 is a listing of, inter alia, the prior art patents and printed publications that raise
`
`substantial questions of patentability. The prior art patents and printed publications constitute
`
`prior art against the '375 patent, under the sections of35 U.S. C. § 102 indicated below:
`
`A.
`
`B.
`
`C.
`
`D.
`
`German Utility Patent Publication No. G 91 11 479.9 ("F+G
`Negamos"), published on January 2, 1992 and therefore
`constitutes prior art to the '375 patent under§ 102(b).
`
`Schousek issued on December 12, 1995 from U.S. Patent
`Application Serial No. 08/325,718, filed on January 10, 1995
`and therefore constitutes prior art to the '375 patent under §
`102(e).
`
`U.S. Patent No. 5,170,364 ("Grosset al."), issued on December
`8, 1992 and therefore constitutes prior art to the '375 patent
`under § 1 02(b ).
`
`U.S. Patent No. 5,232,243 ("Blackburn et al."), issued on
`August 3, 1993 and therefore constitutes prior art to the '375
`patent under § 1 02(b ).
`
`A copy of every prior art patent and printed publication relied upon or referred to
`
`herein is submitted herewith as required by 37 C.F.R. § 1.510(b)(3), as follows:
`
`A.
`
`B.
`
`A copy ofF+G Negamos is annexed hereto as Exhibit 4.
`
`A copy of Schousek is annexed hereto as Exhibit 5.
`
`Application claims 1 and 7 issued as claims 1 and 7 ofthe '375 patent, respectively.
`
`8
`
`Aisin Seiki Exhibit 1010
`Page 15 of 66
`
`

`
`C.
`
`D.
`
`A copy of Gross et al. is annexed hereto as Exhibit 6.
`
`A copy ofBlackburn et al. is annexed hereto as Exhibit 7.
`
`VI.
`
`STATEMENTS IDENTIFYING EACH SUBSTANTIAL NEW
`QUESTION OF PATENTABILITY PURSUANT TO 37 C.F.R. § 1.510(b)(l)
`
`1.
`
`2.
`
`Claims 1 and 7 of the '375 patent are obvious in view of the combination of
`F+G Negamos and Schousek under 35 U.S.C. § 103(a)
`
`Claims 1 and 7 of the '375 patent are obvious in view of the combination of
`F+G Negamos and Blackburn et al. under 35 U.S.C. § 103(a)
`
`VII. DETAILED EXPLANATIONS PURSUANT TO 37 C.F.R. § 1.510(b)(2)
`
`The following statements are made, pursuan