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 .
Response to Arguments
Claims 11-29 are pending with claims 27-29 newly added. Applicant’s arguments, see Remarks, filed 11 March 2026, with respect to the rejection(s) of claim(s) 11 under 35 U.S.C. 103 as being unpatentable over Richter et al. (DE 10 201 0005 138 A1) in view of Park (KR-20090083100-A) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 U.S.C. 103 unpatentable by Richter et al. (DE 10 201 0005 138 A1) in view of Amman et al. (US 2016/0019890 A1). Due to amendment, all rejections have been withdrawn and all claims updated with respect to Amman et al.
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.
Claim(s) 11-14,16, 20, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richter et al. (DE 10 201 0005 138 A1) in view of Amman et al. (US 2016/0019890 A1).
Regarding Claim 11, Richter et al. discloses a motor vehicle (30; Para. 0036; Fig. 4) comprising:
an acoustic device configured to generate and capture audible sound, the acoustic device comprising (Actuation of 20 generates sound from 12 of silencer/acoustic device 2; Fig. 1-2. Integrated sensor of 20 records pulse fluctuations to generate sound; Para. 0032-0033):
a vehicle part with an oscillation region (Vehicle part at end of exhaust with baffle 8 and membrane 12/14/16 as oscillation regions; Para. 0007-0008,0026; Fig. 1-2,4); and
an actuator arranged on the vehicle part and configured to excite and detect oscillations of the vehicle part in the oscillation region, wherein the oscillation region is modified in comparison with an adjacent region of the vehicle part to exhibit greater sensitivity in respect to excitations within an audible sound frequency range (Vibration exciter-sensor/actuator 20 attached to region 16 to record/detect gas pulses. 16 modified as strong and elastic/springy. Para. 0009-0010,0027,0033).
Richter et al. fails to explicitly disclose wherein the acoustic device is configured to adapt its sensitivity to capture audible sound automatically as a function of a determined location of the motor vehicle. However, Amman et al. (US 2016/0019890 A1) teaches configured to adapt its sensitivity automatically as a function of a determined location of the motor vehicle (Amman: External information 102 of GPS and type of road surface is used in pre-filter selection strategy 103 to pre-filter 104 microphone sound input 105; Para. 0037,0041,0043; Fig. 1. 102 is a determined location; 103 is automatically; 104 is type of sensitivity). Amman et al. and Richter et al. are in similar fields comprising control systems of vehicle mounted microphones. Modifying Richter et al. with teachings of Amman et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the acoustic device is configured to adapt its sensitivity to capture audible sound automatically as a function of a determined location of the motor vehicle for the purpose of reducing noise caused by known external factors (Amman: Para. 0021).
Regarding Claim 12, Richter et al. as modified by Amman et al. discloses the motor vehicle according to claim 11, wherein the oscillation region is formed from a different material and/or has a different material thickness than the adjacent region of the vehicle part (Membrane/oscillating region 12/14/16 formed of thinned section compared with surrounding wall/adjacent region 8 of thicker material thickness; Para. 0007).
Regarding Claim 13, Richter et al. as modified by Amman et al. discloses the motor vehicle according to claim 11 wherein the oscillation region comprises a plurality of structures or partial regions having differing resonant frequencies (Baffle 8 and membrane 12/14/16 as oscillation regions. Structure of center area 16 being having additional mass vs outer membrane 12 (Para. 0010,0026) is different resonant frequencies)
Regarding Claim 14, Richter et al. as modified by Amman et al. discloses the motor vehicle according to claim 13, wherein the plurality of partial regions comprise surface regions of the oscillation region which have differing sizes and/or are separated from one another by structural elements of differing lengths, the structural elements comprising recesses or struts (In Fig. 1: rectangular 8, circle 16, ring 14, ring recess 10 of 8).
Regarding Claim 16, Richter et al. as modified by Amman et al. discloses the motor vehicle according to claim 11, wherein the acoustic device is configured to capture a state and/or a planned behavior of the motor vehicle and to generate, as a function thereof, a respective acoustic signal that specifies the captured state and/or the captured planned behavior, and to output the respective acoustic signal to a neighborhood of the motor vehicle (Vibration exciter 20 of acoustic device 2 configured by control device 36 based on stored signal patterns; Para. 0032-0033,0018).
Regarding Claim 20, Richter et al. as modified by Amman et al. discloses the motor vehicle according to claim 11. Richter et al. as modified by Amman et al. fails to explicitly disclose wherein the acoustic device is further configured to reduce the sensitivity at a higher speed and increase the sensitivity at a lower speed. However, this would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the purpose of creating a “desired sound impression” (Richter: Para. 0003-0004) by choosing from a finite number of identified, predictable solutions (such as louder noise at high speeds and quieter at lower speeds), with a reasonable expectation of success.
Regarding Claim 27, Richter et al. as modified by Amman et al. discloses the motor vehicle according to claim 11. Richter et al. as modified by Amman et al. fails to explicitly disclose wherein the acoustic device is configured to adapt its sensitivity to capture audible sound automatically also as a function of a current driving speed of the motor vehicle. However, Amman et al. further teaches wherein the acoustic device is configured to adapt its sensitivity to capture audible sound automatically also as a function of a current driving speed of the motor vehicle (Amman: Vehicle state of engine speed and throttle position 101 is used in pre-filter selection strategy 103 to pre-filter 104 microphone sound input 105; Para. 0025-0026,0053; Fig. 1). Modifying Richter et al. as modified by Amman et al. with additional teachings of Amman et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the acoustic device is configured to adapt its sensitivity to capture audible sound automatically also as a function of a current driving speed of the motor vehicle for the purpose of reducing known engine noise (Amman: Para. 0025-0026).
Claim(s) 15,19,21-22, 25-26, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richter et al. (DE 10 201 0005 138 A1) in view of Amman et al. (US 2016/0019890 A1) and Fischer et al. (DE 10 2015 223 517 A1).
Regarding Claim 15, Richter et al. as modified by Amman et al. discloses the motor vehicle according to claim 11, further comprising:
a data-processing device connected to the acoustic device (Control electronics/data-processing device 36 connects to 20 of acoustic device 2 through line 38; Para. 0032-0033; Fig. 4), the data-processing device configured to generate a characterization of a neighborhood of the motor vehicle on a basis of acoustic signals captured by means of the acoustic device (36 through integrated sensor of 20 generates characteristics of pulses in neighborhood being area around 20; Fig. 2,4).
Richter et al. as modified by Amman et al. fails to explicitly disclose a plurality of acoustic devices; and a data-processing device connected to the plurality of acoustic devices, the data-processing device configured to generate a characterization of a neighborhood of the motor vehicle on a basis of a combination of acoustic signals captured by means of various ones of the plurality of acoustic devices.
However, Fischer et al. teaches disclose a plurality of acoustic devices; and a data-processing device connected to the plurality of acoustic devices, the data-processing device configured to generate a characterization of a neighborhood of the motor vehicle on a basis of a combination of acoustic signals captured by means of various ones of the plurality of acoustic devices (Fischer: Plurality of acoustic devices 3/11/15 connected to data-processing device 10 generates characterization (current acoustics vs target acoustics) based on signals 4/12/16 of devices 3/11/15 of interior/exterior; Para. 0050-0052; Fig. 1). Fischer et al., Amman et al., and Richter et al. are in similar fields vehicles comprising acoustic devices. Modifying Richter et al. and Amman et al. with teachings of Fischer et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein a plurality of acoustic devices; and a data-processing device connected to the plurality of acoustic devices, the data-processing device configured to generate a characterization of a neighborhood of the motor vehicle on a basis of a combination of acoustic signals captured by means of various ones of the plurality of acoustic devices for the purpose of controlling interior noise for occupants and generating exterior noise for safety requirements and driving experience (Fischer: Para. 0018-0019).
Regarding Claim 19, Richter et al. as modified by Amman et al. discloses the motor vehicle according to claim 11. Richter et al. as modified by Amman et al. fails to explicitly disclose wherein the acoustic device (Actuation of 20 generates sound from 12 of silencer/acoustic device 2; Fig. 1-2) is configured to capture interfering noises of the vehicle part and to counteract the interfering noises by antiphase triggering of the actuator. However, Fischer et al. teaches wherein the acoustic device is configured to capture interfering noises of the vehicle part and to counteract the interfering noises by antiphase triggering of the actuator (Fischer: In structure of noise captured by acoustic devices 11/15 to output signal 4a/4b (as target signal 31 through inverting/cancelling within controller 17) through vibration exciter/actuator 3; Para. 0036,0052-0054; Fig. 1. Inverting/cancelling being antiphase). Fischer et al., Amman et al., and Richter et al. are in similar fields comprising acoustic devices. Modifying Richter et al. and Amman et al. with teachings of Fischer et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the acoustic device is configured to capture interfering noises of the vehicle part and to counteract the interfering noises by antiphase triggering of the actuator for the purpose of masking undesired noise (Fischer: Para. 0019).
Regarding Claim 21, Richter et al. as modified by Amman et al. and Fischer et al. discloses the motor vehicle according to claim 15, wherein the data-processing device is configured to generate the characterization of the neighborhood of the motor vehicle on a basis of a cross-correlation and/or formation of a ratio of the acoustic signals (Fischer: In structure of data-processing device 10 comparing signals from acoustic devices 11/15 to output signal 4a/4b (as target signal 31 through inverting/cancelling within controller 17); Para. 0036,0052-0054; Fig. 1).
Regarding Claim 22, please note the rejection as set forth above with respect to Claim 16. Claim 22 is rejected for similar reasons as Claims 16; detailed discussion is omitted for brevity.
Regarding Claim 25, please note the rejection as set forth above with respect to Claim 19. Claim 25 is rejected for similar reasons as Claims 19; detailed discussion is omitted for brevity.
Regarding Claim 26, please note the rejection as set forth above with respect to Claim 20. Claim 26 is rejected for similar reasons as Claims 20; detailed discussion is omitted for brevity.
Regarding Claim 28, Richter et al. as modified by Amman et al. discloses the motor vehicle according to claim 11. Richter et al. as modified by Amman et al fails to explicitly disclose wherein the vehicle part (Vehicle part at end of exhaust; Fig. 4) is at least one of a spoiler, a skirt, a mirror cover, or a body panel.
However, Fischer et al. (DE 10 2015 223 517 A1) teaches wherein the vehicle part is at least one of a spoiler, a skirt, a mirror cover, or a body panel (Fischer: Engine hood 4, a vehicle body panel, oscillates with acoustic device 3 attached; Para. 0050-0051; Fig. 1). Fischer et al., Amman et al., and Richter et al. are in similar fields comprising vehicle mounted acoustic devices. Modifying Richter et al. as modified by Amman et al with teachings of Fischer et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the vehicle part is at least one of a spoiler, a skirt, a mirror cover, or a body panel for the purpose of using readily available space, robustness, and more authentic sounding (Fischer: Para. 0010,0011).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richter et al. (DE 10 201 0005 138 A1) in view of Amman et al. (US 2016/0019890 A1) and Sweeney et al. (US 9,902,311 B2).
Regarding Claim 17, Richter et al. as modified by Amman et al. discloses the motor vehicle according to claim 11. Richter et al. as modified by Amman et al. fails to explicitly disclose herein the acoustic device (2) is configured to emit a voice signal by active triggering of the actuator (20). However, Sweeney et al. teaches herein the acoustic device is configured to emit a voice signal by active triggering of the actuator (Sweeney: Voice audio output 409/552 by signal/trigger from 235; Col. 19, Lines 50-67; Col. 20, Lines 1-5; Col. 22, Lines 25-45; Fig. 4A,5B. Structure of audio outputs is triggering of Richter et al.’s actuator 22). Sweeney et al. and Richter et al. are in similar fields comprising audio output in vehicles. Modifying Richter et al. and Amman et al. with teachings of Sweeney et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein herein the acoustic device is configured to emit a voice signal by active triggering of the actuator for the purpose of alerting pedestrians (Sweeney: Fig. 4A. Structure of audio outputs is triggering of Richter et al.’s actuator 22).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richter et al. (DE 10 201 0005 138 A1) in view of Amman et al. (US 2016/0019890 A1) and Oosaki (US 2012/0072078 A1).
Regarding Claim 18, Richter et al. as modified by Amman et al. discloses the motor vehicle according to claim 11. Richter et al. as modified by Amman et al. fails to explicitly discloses wherein the acoustic device (2) is configured to detect a collision of the motor vehicle with an obstacle external to the vehicle on a basis, captured by means of the actuator (20). However, Oosaki discloses wherein the acoustic device is configured to detect a collision of the motor vehicle with an obstacle external to the vehicle on a basis of an externally induced motion of the vehicle part, captured by means of the actuator (Oosaki: Structural sound sensing accelerometer 11 detecting vibration frequency of front vehicle deformation; Para. 0026; Fig. 1A). Oosaki, Amman et al., and Richter et al. are in similar fields comprising vehicular sensors. Modifying Richter et al. and Amman et al. with teachings of Oosaki would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the acoustic device is configured to detect a collision of the motor vehicle with an obstacle external to the vehicle on a basis of an externally induced motion of the vehicle part, captured by means of the actuator for the purpose of activating passenger protection devices (Oosaki: Para. 0014).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richter et al. (DE 10 201 0005 138 A1) in view of Amman et al. (US 2016/0019890 A1), Fischer et al. (DE 10 2015 223 517 A1), and Sweeney et al. (US 9,902,311 B2).
Regarding Claim 23 please note the rejection as set forth above with respect to Claims 17. Claim 23 is rejected in further view of Sweeney et al. as indicated in Claim 17; detailed discussion is omitted for brevity.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richter et al. (DE 10 201 0005 138 A1) in view of Amman et al. (US 2016/0019890 A1), Fischer et al. (DE 10 2015 223 517 A1), and Oosaki (US 2012/0072078 A1).
Regarding Claim 24 please note the rejection as set forth above with respect to Claim 18. Claim 24 is rejected in further view of Oosaki as indicated in Claim 18, respectively; detailed discussion is omitted for brevity.
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richter et al. (DE 10 201 0005 138 A1) in view of Amman et al. (US 2016/0019890 A1) and Matthias (US 5,748,748).
Regarding Claim 29 Richter et al. as modified by Amman et al. discloses the motor vehicle according to claim 11. Richter et al. as modified by Amman et al. fails to explicitly disclose wherein a material failure can be detected or predicted based on a detected change in an oscillation behavior of the vehicle part captured by the acoustic device over time. However, Matthias (US 5,748,748) teaches wherein a material failure can be detected or predicted based on a detected change in an oscillation behavior of the vehicle part captured by the acoustic device over time (Matthias Fig. 7: Component experiencing a defect emits oscillations P’ compared to its non-defective state P; Col. 11). Matthias, Amman et al., and Richter et al. are in similar fields comprising vehicle mounted acoustic devices. Modifying Richter et al. as modified by Amman et al. with teachings of Matthias would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein a material failure can be detected or predicted based on a detected change in an oscillation behavior of the vehicle part captured by the acoustic device over time for the purpose of informing driver of malfunctions (Matthias: Col. 4, Lines 45-60).
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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/JENNIFER B OLSON/Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
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