DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
The amendment filed 03/25/2026 has been entered. Claims 1, 6, 16 and 19 have been amended. Claims 1 and 5-20 are now pending.
Response to Arguments
Applicant’s arguments with respect to the previously filed 35 USC 103 rejections have been fully considered but are not persuasive.
Regarding applicant’s arguments that neither Kim (US 20190052967 A1), hereinafter Kim, nor Albrecht (“Guided by music: pedestrian and cyclist navigation with route and beacon guidance”), hereinafter Albrecht, disclose, teach, or fairly discuss the amended limitation of: “the control apparatus is configured to output the music and/or voice signal in the first acoustically perceivable output direction before the generation of the movement information.”
Examiner respectfully disagrees.
While examiner concedes that Kim fails to explicitly disclose the limitation in its entirety, examiner contends that teachings of Albrecht taken in combination with the disclosure of Kim still teach the amended limitations.
In particular, the invention of Kim is directed to the following, (as summarized by Kim’s abstract):
“Disclosed is a method and apparatus for playing music that acquires surrounding situation information including a driving situation and a movement of an object relative to a driving vehicle, generates sound information to represent the surrounding situation information as a change in a sound transferred through an audio device including speakers in the vehicle, and controls the audio device based on the sound information to play the music.”
Albrecht, as stated within Albrecht’s abstract, teaches a “music listening with a navigation service, allowing users to follow the perceived direction of the music to reach their destination.” In particular, as presented within the Introduction: “Jessica leaves work, puts her headphones on, and listens to music as she usually does. She is going to meet a friend at a restaurant across town. As she is unfamiliar with that part of town, she turns on a navigation application, chooses beacon guidance mode, and selects the destination. Now she can hear the music coming from a direction behind her, so she turns around and starts walking in that direction.”
While Albrecht does not teach that this technology is applied to hazard detection and warning systems, it does note within the Introduction section that interruptions to audio and additional sounds “disturb listening to the music, and can be unclear unless the music is attenuated when they are presented.” Considering the cited art in its entirety, one of ordinary skill in the art of auditory guidance and warning systems before the effective filing date of the claimed invention could have been reasonably motivated to amend the invention of Kim to incorporate the aspects of guiding or alerting a user through a previously used auditory signal as taught by Albrecht to achieve the described benefits above, and thus teach the limitation “the control apparatus is configured to output the music and/or voice signal in the first acoustically perceivable output direction before the generation of the movement information.”
As such, the arguments are found unpersuasive.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5-7, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20190052967 A1), hereinafter Kim in view of Albrecht et al. (“Guided by music: pedestrian and cyclist navigation with route and beacon guidance”), hereinafter Albrecht.
Regarding claim 1, Kim discloses:
A motor vehicle, comprising a device for outputting a music and/or a voice signal (see at least [0048]: “In operation 110, an apparatus for playing music acquires surrounding situation information including a driving situation and a movement of an object relative to a driving vehicle.”)
into a passenger compartment of the motor vehicle (see at least [0054]: “In operation 120, the playing apparatus generates sound information for representing the surrounding situation information as a change in a sound transferred through an audio system included in the driving vehicle.”)
which comprises:
an audio output apparatus comprising a plurality of audio output elements arranged in the passenger compartment of the motor vehicle for outputting the at least one-audio signal into the passenger compartment of the motor vehicle (see at least [0057]: “The speakers include omnidirectional speakers that radiate a sound 360 degrees, directional speakers that directly transmit a directional sound range to an ear of a user, or other various speakers. The 12, 14, or 16 speakers may be provided.”)
a control apparatus assignable or assigned to the audio output apparatus for controlling the output of the at least one music and/or voice signal via respective audio output elements in a first acoustically perceivable output direction and at least one second acoustically perceivable output direction different from the first acoustically perceivable output direction (see at least [0058]: “The playing apparatus may generate the sound information for the speakers based on whether the object is approaching a position of an occupant including a driver of the driving vehicle, an approaching direction of the object, and an approaching distance of the object, or a combination thereof.”)
wherein:
the control apparatus is configured to output the music and/or voice signal via a detection apparatus assignable or assigned to the control apparatus, wherein the detection apparatus is configured to detect a movement of at least one object relative to the motor vehicle and to generate the movement information describing the movement of the at least one object relative to the motor vehicle (see at least [0058]: “The playing apparatus may generate the sound information for the speakers based on whether the object is approaching a position of an occupant including a driver of the driving vehicle, an approaching direction of the object, and an approaching distance of the object, or a combination thereof.”)
and the control apparatus is configured to control the music and/or voice signal based on the movement information through targeted control of an output direction of the music and/or voice signal from the first acoustically perceivable output direction to the at least one second acoustically perceivable output direction to impart to a vehicle passenger information about the at least one object located in the environment around the motor vehicle and moving relative to the motor vehicle while simultaneously outputting the music and/or voice signal during the targeted control of the output direction of the music and/or voice signal (see at least [0058]: “The playing apparatus may generate the sound information for the speakers based on whether the object is approaching a position of an occupant including a driver of the driving vehicle, an approaching direction of the object, and an approaching distance of the object, or a combination thereof.”)
Kim does not explicitly disclose, but Albrecht, in an analogous field of endeavor, teaches:
the control apparatus is configured to output the music and/or voice signal in the first acoustically perceivable output direction before the generation of the movement information (see at least the following usage example as presented within the Introduction: “Jessica leaves work, puts her headphones on, and listens to music as she usually does. She is going to meet a friend at a restaurant across town. As she is unfamiliar with that part of town, she turns on a navigation application, chooses beacon guidance mode, and selects the destination. Now she can hear the music coming from a direction behind her, so she turns around and starts walking in that direction.”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the method of outputting the music and/or voice signal before the generation of movement information as taught by Albrecht. This is because, as stated within the Introduction section of Albrecht, interruptions to audio and additional sounds “disturb listening to the music, and can be unclear unless the music is attenuated when they are presented.” As such, one of ordinary skill in the art could reasonably combine the ability to use previously playing music to navigate and apply it to the method of obstacle warning systems as disclosed by Kim.
Regarding claim 5, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim discloses wherein the motor vehicle further comprises a detection apparatus assignable or assigned to the control apparatus which is configured to detect a movement of the at least one object relative to the motor vehicle and to generate the movement information describing a movement of the at least one object relative to the motor vehicle (see at least [0050]: “In an example, the playing apparatus captures an image of an object, an environment, a lane, a road situation, and a weather around the driving vehicle using the image sensor. The playing apparatus may calculate a distance between an object and a driving vehicle using an ultrasonic sensor, a LiDAR sensor, and a radar. The playing apparatus may recognize a velocity of the driving vehicle using a gyro sensor. The playing apparatus may identify whether an object is stationary, an approaching velocity of the object, and an approaching direction of the object using a GPS sensor.”)
Regarding claim 6, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 5.
Kim further discloses wherein the detection apparatus is configured to generate a detection region at least in sections surrounding the motor vehicle in which a movement of the at least one object relative to the motor vehicle is detectable (see at least [0070]: “In an example, the playing apparatus generates the sound information for speakers disposed behind the right speakers in response to the vehicle being positioned behind the right side of the driving vehicle. As the vehicle gradually approaches the driving vehicle from behind the right side to the front side of the driving vehicle, the playing apparatus may gradually generate the sound information for the right front speakers. For example, the playing apparatus generates speaker-based sound information.”)
Regarding claim 7, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim further discloses wherein the detection apparatus is configured to detect the at least one object moving in a same or an opposing direction relative to the motor vehicle (see at least [0068]: “FIG. 2B illustrates a situation in which a vehicle gradually approaches the driving vehicle from behind the right side of the driving vehicle. In an example, the playing apparatus generates the sound information for a speaker disposed at a particular position among the speakers based on whether the object, for example, a pedestrian, is approaching a passenger including a driver of the driving vehicle, an approaching direction of the object, and an approaching distance of the object.”)
Regarding claim 19, Kim discloses:
A device for a music and/or a voice signal (see at least [0048]: “In operation 110, an apparatus for playing music acquires surrounding situation information including a driving situation and a movement of an object relative to a driving vehicle.”)
into a passenger compartment of a motor vehicle (see at least [0054]: “In operation 120, the playing apparatus generates sound information for representing the surrounding situation information as a change in a sound transferred through an audio system included in the driving vehicle.”)
comprising:
an audio output apparatus comprising a plurality of audio output elements arrangeable or arranged in a passenger compartment of a motor vehicle equipped with the device for outputting the music and/or voice signal into a passenger compartment of a motor vehicle (see at least [0057]: “The speakers include omnidirectional speakers that radiate a sound 360 degrees, directional speakers that directly transmit a directional sound range to an ear of a user, or other various speakers. The 12, 14, or 16 speakers may be provided.”)
a control apparatus assignable or assigned to the audio output apparatus for controlling the output of the at least one music and/or voice signal via respective audio output elements in a first and at least one second acoustically perceivable output direction, which is different from the first acoustically perceivable output direction, wherein: the control apparatus configured to output the music and/or voice signal via a detection apparatus assignable or assigned to the control apparatus, wherein the detection apparatus is configured to detect a movement of at least one object relative to the motor vehicle and to generate the movement information describing the movement of the at least one object relative to the motor vehicle (see at least [0058]: “The playing apparatus may generate the sound information for the speakers based on whether the object is approaching a position of an occupant including a driver of the driving vehicle, an approaching direction of the object, and an approaching distance of the object, or a combination thereof.”)
wherein:
and the control apparatus is configured to control the music and/or voice signal based on the movement information through targeted control of an output direction of the music and/or voice signal from the first acoustically perceivable output direction to the at least one second acoustically perceivable output direction to impart to a vehicle passenger information about the at least one object located in the environment around the motor vehicle and moving relative to the motor vehicle while simultaneously outputting the music and/or voice signal during the targeted control of the output direction of the music and/or voice signal (see at least [0058]: “The playing apparatus may generate the sound information for the speakers based on whether the object is approaching a position of an occupant including a driver of the driving vehicle, an approaching direction of the object, and an approaching distance of the object, or a combination thereof.”)
Kim does not explicitly disclose, but Albrecht, in an analogous field of endeavor, teaches wherein:
the control apparatus is configured to output the music and/or voice signal in the first acoustically perceivable output direction before the generation of the movement information (see at least the following usage example as presented within the Introduction: “Jessica leaves work, puts her headphones on, and listens to music as she usually does. She is going to meet a friend at a restaurant across town. As she is unfamiliar with that part of town, she turns on a navigation application, chooses beacon guidance mode, and selects the destination. Now she can hear the music coming from a direction behind her, so she turns around and starts walking in that direction.”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the method of outputting the music and/or voice signal before the generation of movement information as taught by Albrecht. This is because, as stated within the Introduction section of Albrecht, interruptions to audio and additional sounds “disturb listening to the music, and can be unclear unless the music is attenuated when they are presented.” As such, one of ordinary skill in the art could reasonably combine the ability to use previously playing music to navigate and apply it to the method of obstacle warning systems as disclosed by Kim.
Regarding claim 20, the combination of Kim and Albrecht discloses:
A method for outputting music and/or voice signal into a passenger compartment of a motor vehicle according to claim 1, wherein the control of the output of the music and/or voice signal into the passenger compartment of the motor vehicle takes place based on the movement information describing movement of the at least one object relative to the motor vehicle (see at least [0070]: “In an example, the playing apparatus generates the sound information for speakers disposed behind the right speakers in response to the vehicle being positioned behind the right side of the driving vehicle. As the vehicle gradually approaches the driving vehicle from behind the right side to the front side of the driving vehicle, the playing apparatus may gradually generate the sound information for the right front speakers. For example, the playing apparatus generates speaker-based sound information.”)
Claims 8-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Albrecht in view of Lutter (US-20020196134-A1), hereinafter Lutter.
Regarding claim 8, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim does not explicitly disclose, but Lutter, in an analogous field of endeavor, teaches:
wherein the control apparatus is configured to control the output of the music and/or voice signal to be output based on movement information describing a movement of the at least one object moving left of the motor vehicle via audio output elements arranged left of a longitudinal middle axis of the motor vehicle with a higher intensity than via audio output elements arranged right of the longitudinal middle axis of the motor vehicle (see first [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located.” See further Figures 6A-6C which illustrate an example of the “3-D audible indication” as another vehicle approaches the current vehicle from the front, then passes to the left and then behind the current vehicle. See [0035]: “Vehicle 94 is detected by sensors (not shown) on vehicle 92… In FIG. 6B, the vehicle 94 moves closer along the left side of vehicle 92. The audio manager 14 accordingly outputs the warning signal in both speakers 96 and 100. (The front left, and rear left speakers, located on the “left of a longitudinal middle axis of the motor vehicle.) Because the vehicle 94 is detected in closer proximity to vehicle 92 in FIG. 6B, the audio manager 14 increases the volume of the warning signal output from speakers 96 and 100.”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the specific locations and use of the speakers as taught by Lutter. One of ordinary skill in the art would be motivated to combine the specifics of the speaker arrangements, output and volume control as taught by Lutter, because as Lutter explains in [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located. Even if not displayed, the car driver has some indication of where the object is located and where to turn to avoid a collision. Because the audio manager provides position information, the driver has a better and faster ability to see and then avoid possible collisions.”
Regarding claim 9, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim does not explicitly disclose, but Lutter, in an analogous field of endeavor, teaches:
wherein the control apparatus is configured to control the output of music and/or voice signal to be output based on movement information describing a movement of the at least one object moving right of the motor vehicle via audio output elements with a higher intensity than via audio output elements arranged left of the longitudinal middle axis of the motor vehicle (see first Figures 6A-6C and [0035] which provide an example of an incoming vehicle passing to the left of the current vehicle. However, Figures 6A-6C show front and rear speakers are provided on the “right of a longitudinal middle axis of the vehicle” as well. For further clarification, claim 17 discloses: “…outputting the warning signal from a front right speaker when the object is detected generally along a front right corner of the vehicle; outputting the warning signal from both the front right speaker and a rear right speaker when the object is detected generally along a right side of the vehicle; outputting the warning signal in the rear right speaker when the object is detected generally around a rear right corner of the vehicle…”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the specific locations and use of the speakers as taught by Lutter. One of ordinary skill in the art would be motivated to combine the specifics of the speaker arrangements, output and volume control as taught by Lutter, because as Lutter explains in [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located. Even if not displayed, the car driver has some indication of where the object is located and where to turn to avoid a collision. Because the audio manager provides position information, the driver has a better and faster ability to see and then avoid possible collisions.”
Regarding claim 10, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim does not explicitly disclose, but Lutter, in an analogous field of endeavor, teaches:
wherein the control apparatus is configured to control the output of the music and/or voice signal to be output based on movement information describing a movement of the at least one object moving towards the front of the motor vehicle via audio output elements arranged in front of a transverse middle axis of the motor vehicle with an intensity higher compared to a predefinable or predefined reference intensity, than via audio output elements arranged behind the transverse middle axis of the motor vehicle (1) (see at least [0032]: “If the detected object is within a first range in front of the vehicle 12 in block 76, the audio manger 14 outputs a warning signal from the front speakers 20A and 20C (FIG. 2) in block 84.”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the specific locations and use of the speakers as taught by Lutter. One of ordinary skill in the art would be motivated to combine the specifics of the speaker arrangements, output and volume control as taught by Lutter, because as Lutter explains in [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located. Even if not displayed, the car driver has some indication of where the object is located and where to turn to avoid a collision. Because the audio manager provides position information, the driver has a better and faster ability to see and then avoid possible collisions.”
Regarding claim 11, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim does not explicitly disclose, but Lutter, in an analogous field of endeavor, teaches:
wherein the control apparatus is configured to control the output of the music and/or voice signal to be output based on movement information describing a movement of the at least one object moving away from the motor vehicle via audio output elements arranged behind a transverse middle axis of the motor vehicle with an intensity higher compared to a predefinable or predefined reference intensity than via audio output elements arranged in front of the transverse middle axis of the motor vehicle (see at least [0035]: “In FIG. 6C the vehicle 94 is detected moving away and along a rear end of vehicle 92. The audio manager 14 accordingly directs the warning signal out from the rear speakers 100 and 102 in vehicle 92. Since the vehicle 94 is moving away from vehicle 92, the volume of the warning signal is reduced and eventually fades off until the vehicle 94 is outside of a predetermined range of vehicle 92.”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the specific locations and use of the speakers as taught by Lutter. One of ordinary skill in the art would be motivated to combine the specifics of the speaker arrangements, output and volume control as taught by Lutter, because as Lutter explains in [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located. Even if not displayed, the car driver has some indication of where the object is located and where to turn to avoid a collision. Because the audio manager provides position information, the driver has a better and faster ability to see and then avoid possible collisions.”
Regarding claim 12 the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim does not explicitly disclose, but Lutter, in an analogous field of endeavor, teaches:
wherein the control apparatus is configured to control the output of the music and/or voice signal to be output based on movement information describing a movement of the at least one object moving in the direction of travel from the left towards the motor vehicle such that the music and/or voice signal can be or is output, initially, prior to passing of the motor vehicle, only via audio output elements arranged in the direction of travel in front of the transverse middle axis and left of the longitudinal middle axis of the motor vehicle, therefore, during passing of the motor vehicle, via audio output elements arranged in front of and behind the transverse middle axis and left of the longitudinal middle axis of the motor vehicle, and lastly, after passing of the motor vehicle, only via audio output elements arranged in the direction of travel behind the transverse middle axis and left of the longitudinal middle axis of the motor vehicle (see at least [0036]: “The dynamic 3-D movement of the warning signals to different speakers and at different volume levels proportional to a distance of the detected object 94 from the vehicle 92 provides a Doppler effect similar to that experienced by a person hearing a whistle from a train as it travels toward and then away from the person. This provides an audible sensory effect of movement for the detected object that allows the listener to better identify collision conditions.” See further Figures 6A-6C which illustrate how the warning signal is output from different speakers as the second vehicle passes from the front to the left of the current vehicle.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the specific locations and use of the speakers as taught by Lutter. One of ordinary skill in the art would be motivated to combine the specifics of the speaker arrangements, output and volume control as taught by Lutter, because as Lutter explains in [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located. Even if not displayed, the car driver has some indication of where the object is located and where to turn to avoid a collision. Because the audio manager provides position information, the driver has a better and faster ability to see and then avoid possible collisions.”
Regarding claim 13, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim does not explicitly disclose, but Lutter, in an analogous field of endeavor, teaches:
wherein the control apparatus is configured to control the output of the music and/or voice signal to be output based on movement information describing a movement of the at least one object moving in the direction of travel from the right towards the motor vehicle such that the music and/or voice signal can be or is output, initially, prior to passing of the motor vehicle, only via audio output elements arranged in the direction of travel in front of the transverse middle axis and right of the longitudinal middle axis of the motor vehicle, therefore during passing of the motor vehicle, via audio output elements arranged in front of and behind the transverse middle axis and right of the longitudinal middle axis of the motor vehicle, and lastly, after passing of the motor vehicle, only via audio output elements arranged in the direction of travel behind the transverse middle axis and right of the longitudinal middle axis of the motor vehicle (see first [0036]: “The dynamic 3-D movement of the warning signals to different speakers and at different volume levels proportional to a distance of the detected object 94 from the vehicle 92 provides a Doppler effect similar to that experienced by a person hearing a whistle from a train as it travels toward and then away from the person. This provides an audible sensory effect of movement for the detected object that allows the listener to better identify collision conditions.” See further Figures 6A-6C which illustrate how the warning signal is output from different speakers as the vehicle passes to the left of the vehicle. However, Figures 6A-6C show front and rear speakers are provided on the “right of a longitudinal middle axis of the vehicle” as well. For further clarification, claim 17 discloses: “…outputting the warning signal from a front right speaker when the object is detected generally along a front right corner of the vehicle; outputting the warning signal from both the front right speaker and a rear right speaker when the object is detected generally along a right side of the vehicle; outputting the warning signal in the rear right speaker when the object is detected generally around a rear right corner of the vehicle…”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the specific locations and use of the speakers as taught by Lutter. One of ordinary skill in the art would be motivated to combine the specifics of the speaker arrangements, output and volume control as taught by Lutter, because as Lutter explains in [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located. Even if not displayed, the car driver has some indication of where the object is located and where to turn to avoid a collision. Because the audio manager provides position information, the driver has a better and faster ability to see and then avoid possible collisions.”
Regarding claim 14, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim does not explicitly disclose, but Lutter, in an analogous field of endeavor, teaches:
wherein the control apparatus is configured to control the output of the music and/or voice signal to be output based on movement information describing a movement of the at least one moving object to be overtaken or overtaken to the left by the motor vehicle such that the music and/or voice signal can be or is output, initially, prior to passing of the motor vehicle, only via audio output elements arranged in the direction of travel behind the transverse middle axis and left of the longitudinal middle axis of the motor vehicle, therefore during passing of the object to be overtaken, via audio output elements arranged in front of and behind the transverse middle axis and left of the longitudinal middle axis of the motor vehicle, and lastly after passing of the object to be overtaken, only via audio output elements arranged in the direction of travel in front of the transverse middle axis and left of the longitudinal middle axis of the motor vehicle (see first see first [0036]: “The dynamic 3-D movement of the warning signals to different speakers and at different volume levels proportional to a distance of the detected object 94 from the vehicle 92 provides a Doppler effect similar to that experienced by a person hearing a whistle from a train as it travels toward and then away from the person. This provides an audible sensory effect of movement for the detected object that allows the listener to better identify collision conditions.” For further clarification see claim 17: “…outputting the warning signal in a left rear speaker and the right rear speaker when the object is detected generally along a rear end of the vehicle; outputting the warning signal in the rear left speaker when the object is detected generally along a left rear corner of the vehicle; outputting the warning signal in the rear left speaker and a front left speaker when the object is detected generally along a left side of the vehicle; outputting the warning signal in a front left speaker when the object is detected generally along a front left corner of the vehicle; and outputting the warning signal in the front left speaker and the front right speaker when the object is detected generally along a front end of the vehicle.”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the specific locations and use of the speakers as taught by Lutter. One of ordinary skill in the art would be motivated to combine the specifics of the speaker arrangements, output and volume control as taught by Lutter, because as Lutter explains in [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located. Even if not displayed, the car driver has some indication of where the object is located and where to turn to avoid a collision. Because the audio manager provides position information, the driver has a better and faster ability to see and then avoid possible collisions.”
Regarding claim 15, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim does not explicitly disclose, but Lutter, in an analogous field of endeavor, teaches:
wherein the control apparatus is configured to control the output of the music and/or voice signal to be output based on movement information describing a movement of the at least one moving object to be overtaken or overtaken to the right by the motor vehicle such that the music and/or voice signal can be or is output, initially prior to passing of the motor vehicle, only via audio output elements arranged in the direction of travel behind the transverse middle axis and right of the longitudinal middle axis of the motor vehicle, therefore during passing of the object to be overtaken, via audio output elements arranged in front of and behind the transverse middle axis and right of the longitudinal middle axis of the motor vehicle, and lastly after passing of the object to be overtaken, only via audio output elements arranged in the direction of travel in front of the transverse middle axis and right of the longitudinal middle axis of the motor vehicle ([0036]: “The dynamic 3-D movement of the warning signals to different speakers and at different volume levels proportional to a distance of the detected object 94 from the vehicle 92 provides a Doppler effect similar to that experienced by a person hearing a whistle from a train as it travels toward and then away from the person. This provides an audible sensory effect of movement for the detected object that allows the listener to better identify collision conditions.” For further clarification see claim 17: “…outputting the warning signal from a front right speaker when the object is detected generally along a front right corner of the vehicle; outputting the warning signal from both the front right speaker and a rear right speaker when the object is detected generally along a right side of the vehicle; outputting the warning signal in the rear right speaker when the object is detected generally around a rear right corner of the vehicle; outputting the warning signal in a left rear speaker and the right rear speaker when the object is detected generally along a rear end of the vehicle…”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the specific locations and use of the speakers as taught by Lutter. One of ordinary skill in the art would be motivated to combine the specifics of the speaker arrangements, output and volume control as taught by Lutter, because as Lutter explains in [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located. Even if not displayed, the car driver has some indication of where the object is located and where to turn to avoid a collision. Because the audio manager provides position information, the driver has a better and faster ability to see and then avoid possible collisions.”
Regarding claim 16, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim does not explicitly disclose, but Lutter, in an analogous field of endeavor, teaches:
wherein the control apparatus is configured to uninterruptedly perform a change in the output of the music and/or voice signal to be output from an output of the music and/or voice signal via a first audio output element to an output of the music and/or voice signal via at least one second audio output element. (See at least Fig. 6A-6C and [0035]: “At the position of vehicle 94 in FIG. 6A, the audio manager 14 generates a warning signal only in speaker 92. In FIG. 6B, the vehicle 94 moves closer along the left side of vehicle 92. The audio manager 14 accordingly outputs the warning signal in both speakers 96 and 100.” See further [0030]: “The collision warning is annunciated in block 64 until the collision condition is no longer detected in block 66. When the collision condition no longer exists, the audio manager in block 68 reconnects the audio sources that were previously connected to the audio output devices before the collision condition was detected.”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the specific locations and use of the speakers as taught by Lutter. One of ordinary skill in the art would be motivated to combine the specifics of the speaker arrangements, output and volume control as taught by Lutter, because as Lutter explains in [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located. Even if not displayed, the car driver has some indication of where the object is located and where to turn to avoid a collision. Because the audio manager provides position information, the driver has a better and faster ability to see and then avoid possible collisions.”
Regarding claim 17, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim does not explicitly disclose, but Lutter, in an analogous field of endeavor, teaches:
wherein the control apparatus is configured to control the output of the music and/or voice signal to be output based on movement information describing a movement of the at least one object moving in the direction of travel from the left towards or away from the motor vehicle and the at least one object moving from the right towards or away from the motor vehicle such that the output of the music and/or voice signal takes place prioritized via audio output elements arranged left or right of the longitudinal middle axis of the motor vehicle (see first [0030]: “If a collision condition is determined in block 60, the audio manager in block 62 patches-in a warning signal to some or all audio output devices in block 62. The warning signal is annunciated by the audio output devices in block 64. Because audio output devices can be wirelessly coupled to different audio sources, the audio manager 14 can output the collision warning to any portable device that may be located in or around the vehicle 12.” See further [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located. Even if not displayed, the car driver has some indication of where the object is located and where to turn to avoid a collision. Because the audio manager provides position information, the driver has a better and faster ability to see and then avoid possible collisions.”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the specific locations and use of the speakers as taught by Lutter. One of ordinary skill in the art would be motivated to combine the specifics of the speaker arrangements, output and volume control as taught by Lutter, because as Lutter explains in [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located. Even if not displayed, the car driver has some indication of where the object is located and where to turn to avoid a collision. Because the audio manager provides position information, the driver has a better and faster ability to see and then avoid possible collisions.”
Regarding claim 18, the combination of Kim and Albrecht discloses:
The motor vehicle according to claim 1.
Kim does not explicitly disclose, but Lutter, in an analogous field of endeavor, teaches:
wherein the movement information describes an acceleration or speed of the at least one object moving relative to the motor vehicle, wherein the control apparatus is configured to control the output of the music and/or voice signal into the passenger compartment of the motor vehicle based on an acceleration or speed described by the movement information, of the object moving relative to the motor vehicle (see at least [0037]: “FIG. 7 shows in more detail the functional components of the audio manager 14. A processor 110 receives sensor data from an external sensor interface 112. The sensor data received over sensor interface 112 is processed by a digital signal processor 114. The signal processor 114 identifies and locates objects in the received sensor data. The signal processor 114 also identifies kinematic state information for the objects detected in the sensor data. The kinematic state information may include the speed, direction, location and acceleration of the detected objects.”),
such that, in regard to a predefinable or predefined reference acceleration or speed, higher accelerations or speeds of the at least one object moving relative to the motor vehicle are output with an output of the music and/or voice signal with a higher intensity compared to a predefinable or predefined reference intensity (see first [0035]: “Because the vehicle 94 is detected in closer proximity to vehicle 92 in FIG. 6B, the audio manager 14 increases the volume of the warning signal output from speakers 96 and 100. In FIG. 6C the vehicle 94 is detected moving away and along a rear end of vehicle 92. The audio manager 14 accordingly directs the warning signal out from the rear speakers 100 and 102 in vehicle 92. Since the vehicle 94 is moving away from vehicle 92, the volume of the warning signal is reduced and eventually fades off until the vehicle 94 is outside of a predetermined range of vehicle 92.” See further [0036] which describes how the varying intensity is analogous to the “Doppler effect” which means that the intensity of the output would necessarily increase if the object is approaching at a higher speed.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the specific locations and use of the speakers as taught by Lutter. One of ordinary skill in the art would be motivated to combine the specifics of the speaker arrangements, output and volume control as taught by Lutter, because as Lutter explains in [0033]: “The audio manager dynamically varies which vehicle speakers output the warning signal according to where the object is currently being detected. This provides the car driver with a 3-D audible indication of where the object is located. Even if not displayed, the car driver has some indication of where the object is located and where to turn to avoid a collision. Because the audio manager provides position information, the driver has a better and faster ability to see and then avoid possible collisions.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/E.R.N./Examiner, Art Unit 3658
/JASON HOLLOWAY/Primary Examiner, Art Unit 3658
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