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 .
Claims 1, 6, 7 and 12-14 have been examined.
Claims 2-5 and 8-11 have been canceled.
P = paragraph e.g. P[0001] = paragraph[0001]
Response to Arguments
Applicant's arguments filed 10/30/2025 have been fully considered but they are not persuasive.
The Applicant argues
“The Office Action likens the recited limitation "classify media factors..." of examined claim 1 to Wokrinek's analysis of received media content to generate an actuator track. Office Action, However, Wokrinek explicitly states that analysis of the media content and generation of the actuator track is performed in advance of playback. Therefore, Wokrinek fails to teach or suggest "analyze, in real-time, media factors of a media content played during an autonomous driving mode of the electrified vehicle", classify the media factors into a plurality of categories", and "generate a plurality of control signals according to the plurality of categories" as recited in amended claim 1. Yu is relied upon for other claim features and fails to remedy these deficiencies”.
The arguments are not persuasive. The Examiner first emphasizes for the record that the claimed “autonomous driving mode” does not require the vehicle of the preamble to actually be moving, and in fact, the present application does not provide any disclosure of how it is determined that the vehicle is in an “autonomous driving mode”, and does not provide any disclosure of what data is used to determine that a vehicle is in an “autonomous driving mode” or that an “autonomous driving mode” event is occurring. Therefore, the claimed “autonomous driving mode” encompasses a mode where any component of the vehicle may be controlled autonomously or automatically, such as a mode of automatically controlling vehicle actuators as taught by Wokrinek et al., as the claims and specification of the present application do not exclude such an interpretation.
Referring to amended Claim 1 and the limitation “analyze, in real-time media factors of a media content played during an autonomous driving mode of the electrified vehicle”, Wokrinek et al. clearly states that traction interventions based on an actuator track generated from analyzing media content may be carried out “during autonomous driving in order to achieve the desired effect in conjunction with the media content” (emphasis added) (Wokrinek et al.; see P[0022]), and that “the actuator is then controlled synchronously with the playback of the first sequence of the media content” (Wokrinek et al.; see P[0021]).
Furthermore, P[0021] of Wokrinek et al. explains that an actuator may be controlled according to a first sequence of media content as detailed in step 500, and then in step 600 a second sequence of the same media content may be “automatically determined and analyzed” (Wokrinek et al.; see P[0021]), where, as can be seen in step 200, the analysis includes analyzing the media content to generate an actuator track, which is equivalent to the claimed “analyze” step. The process of the steps 200-600 performed by the vehicle of Wokrinek et al. is encompassed by the claimed “autonomous driving mode”, as vehicle actuators are controlled automatically or autonomously during the process based on an automatic analysis of media content during the same process, therefore, Wokrinek et al. teaches “in analyze, in real-time media factors of a media content played during an autonomous driving mode of the electrified vehicle” within broadest reasonable interpretation, and the claims and specification of the present application do not provide any evidence to contradict or exclude this interpretation.
Additionally, Wokrinek et al. explains in P[0022] that an actuator control may occur during autonomous driving, this means that the vehicle may be in an autonomous driving mode in step 500, and then in immediately following step 600, the vehicle analysis and generation of an actuator track based on the analysis may occur, and the vehicle is clearly still in the autonomous driving mode at this point, as Wokrinek et al. does not state that a vehicle must end autonomous driving between step 500 and step 600, or between the first sequence and second sequence of the media content.
Also, the second sequence in step 600 is from the same media content as the first sequence in steps 200-500, and in addition, the analysis of the media content of Wokrinek et al. may be performed only seconds in advance of controlling an actuator, and it is clear that since step 500 may be performed during autonomous driving, the analysis of the second sequence of the media content in immediately following step 600 may occur during the same autonomous driving, as Wokrinek et al. does not specify that autonomous driving must end when analyzing a new sequence in consecutive sequences of a single media content.
Therefore, the arguments are not persuasive.
The Applicant further argues
“As best understood by Applicants, the objective reason to combine Wokrinek and Yu alleged by the Office is that the combination allows for excitation of vehicle vibration without external stimuli (e.g., rumble strips). However, Wokrinek already provides for vibration generation, using an active chassis component and/or chassis damping:
"Alternatively or additionally, an active chassis component, in particular a
chassis suspension and/or chassis damping, can be controlled... The vehicle can be made to sway, wobble, bounce, tilt, shake, or vibrate to support a corresponding media presentation." Yu, [0008] (with added emphasis).
As Wokrinek provides for vibration generation, there is no evidence that the proposed modification of Wokrinek according to Yu provides any additional benefit or improvement over Wokrinek alone.
Absent such improvement, the mere ability of Yu to provide vibration generation is not effective to serve as the required objective reason to combine its teachings with Wokrinek. Therefore, the proposed combination of Wokrinek and Yu is prohibited and the alleged case of prima facie obviousness is not supported”.
The arguments are not persuasive.
The Examiner first emphasizes that what the Applicant quotes as [0008] of Yu et al. is actually P[0008] of Wokrinek et al.
Additionally, the Applicant ignores the fact that Wokrinek et al. teaches the use of an “electric traction machine” to cause a vehicle vibration as quoted in the rejection, not only a “chassis suspension and/or chassis damping” as stated by the Applicant. The electric traction machine of Wokrinek et al. is clearly a traction motor, which is analogous to the motor of Yu et al. that is used to drive a vehicle, where clearly the combination of Wokrinek et al. and Yu et al. provides the advantages of both.
The Applicant argues “the mere ability of Yu to provide vibration generation is not effective to serve as the required objective reason to combine its teachings with Wokrinek” which ignores the motivation to combine as actually written in the previous rejection, where the motivation includes simulating a vibration “by feeding the motor of the vehicle with a pattern of disturbance torque signal” (Yu et al.; see P[0030]), therefore, the arguments are not persuasive and are in fact moot as they do not address the rejection as written.
With respect to amended Claim 1, Yu et al. is relied upon to render obvious the bolded portions of the limitation “generate a vibration perceptible to a driver by modulating torque of a driving motor according to a waveform selected from a sine wave, a triangular wave, or a square wave, wherein at least one of a period, an amplitude, or a pulse width of the waveform is determined from the first control signal in real-time”. While Wokrinek et al. does teach causing a vehicle vibration, the advantage of using Yu et al. is to provide a vehicle vibration by use of “a sine wave, a triangular wave, or a square wave” and to simulate a vibration “by feeding the motor of the vehicle with a pattern of disturbance torque signal” (Yu et al.; see P[0030]). Other advantages include providing a “torque modulation signal represents a torque other than torque satisfying propulsion and braking of the vehicle” (Yu et al.; see Claim 2) while also providing a torque that satisfies “vehicle propulsion or braking” (Yu et al.; see P[0037]), and providing a “vehicle oscillation” that is “optimized for driver comfort and acceptance” (Yu et al.; see P[0047]).
Therefore, the arguments are not persuasive.
The Applicant further argues
“Claims 7 and 14, while different from claim 1, also distinguish over Wokrinek and Yu, alone or in combination, for at least the same reasons as claim 1. Accordingly, claims 1, 7, and 14 represent allowable subject matter. Claims 6 and 12-13 variously depend from claims 1 and 7 and also represent allowable subject matter at least due to their dependency from an allowable base claim. Claims 5 and 11 are canceled herewith and, therefore, the rejection of these claims is moot”.
These arguments are moot for the reasons given above with respect to Claim 1 and for the reasons given in the new grounds of rejection.
Therefore, for the reasons given above, the arguments are not persuasive.
All claims are rejected.
See the new grounds of rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As per Claim 1, it is unclear if the limitation “an autonomous driving mode” of lines 3-4 is equivalent to the limitation “an autonomous driving mode” of line 9.
Therefore, the claim is unclear.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1, 6, 7 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wokrinek et al. (DE102020108985A1) in view of Yu et al. (2012/0293313).
Regarding Claim 1, Wokrinek et al. teaches the claimed electrification control unit (“…device…”, see P[0015]) for an electrified vehicle, wherein the electrification control unit is configured to:
analyze, in real-time media factors of a media content played during an autonomous driving mode of the electrified vehicle (“Such traction interventions can be carried out when the vehicle is stationary or during autonomous driving in order to achieve the desired effect in conjunction with the media content” (emphasis added), see P[0022], and “In step 600, a second sequence of the media content with image and audio content, different from the first sequence, is automatically determined and analyzed. It is determined that the actuator used to play the first sequence is not suitable for use in the second sequence. Accordingly, in step 700, the second sequence of the media content is played without the use of the actuator”, see P[0021], and see “In this way, an actuator track is created, which can be done several seconds, preferably several minutes, in advance of the playback in order to prepare the actuator for use during playback and to determine the boundary conditions (e.g. B. graphical position and/or environmental conditions and distances to surrounding objects and persons/living beings in the environment) in a timely manner”, see P[0021] and “Sequence 2 shown on screen 4 depicts a winter scene. This has been analyzed in advance by the electronic control unit 7 or even outside the car 10. In particular, the video signal was categorized as “wintry” and “fast” or “rapid” by a machine-based comparison algorithm”, see P[0018], also see P[0015] and “Deceleration and acceleration in the media content can be achieved by tilting or Righting the vehicle using active chassis dampers/springs as actuators. Smallest forward/backward movements incl. Braking intervention by means of the chassis/(electric) traction machine of the vehicle can be used to reproduce abrupt maneuvers”, see P[0022], where analysis only seconds before playback is equivalent to “real-time” analysis, where the Examiner notes that control based on the results of the claimed “analyze” step would require the analysis of the “media factors” to be performed before use of the results of the analysis, regardless of whether or not the analysis is done in “real-time”, and see “A screen 4 (CID) is arranged in the dashboard of the car, on which a first sequence 2 of a film 1 is reproduced as media content. The film 1 is played via an output 9 of an electronic control unit 7. More specifically, the video signals are sent to the screen 4 via the data output 9. To play back the film 1, in accordance with the invention, a multimedia file received via the antenna 13 is first received via a data input 8 by the electronic control unit 7 as an evaluation unit…”, see P[0018]);
classify the analyzed media factors categories (“If the suitability of one of the aforementioned actuators 5a to 5g is determined, an “actuator track” (not shown) is created in a data memory 14, in which the signals suitable for controlling the respective actuator 5a to 5g are stored at least temporarily synchronously with the respective sequence 2 of the film 1” (emphasis added), see P[0018] and “Sequence 2 shown on screen 4 depicts a winter scene. This has been analyzed in advance by the electronic control unit 7 or even outside the car 10. In particular, the video signal was categorized as “wintry” and “fast” or “rapid” by a machine-based comparison algorithm”, see P[0018], also see P[0015] and “Deceleration and acceleration in the media content can be achieved by tilting or Righting the vehicle using active chassis dampers/springs as actuators. Smallest forward/backward movements incl. Braking intervention by means of the chassis/(electric) traction machine of the vehicle can be used to reproduce abrupt maneuvers”, see P[0022]);
generate a plurality of control signals according to the plurality of categories (“If the suitability of one of the aforementioned actuators 5a to 5g is determined, an “actuator track” (not shown) is created in a data memory 14, in which the signals suitable for controlling the respective actuator 5a to 5g are stored at least temporarily synchronously with the respective sequence 2 of the film 1”, see P[0018]); and
control the electrified vehicle in connection with the plurality of (“Therefore, the skiers depicted would experience a cold wind as a sensory impression, which can be suitably recreated by means of the fan 5a or by means of the lowered side window 12”, see P[0018] and “Deceleration and acceleration in the media content can be achieved by tilting or Righting the vehicle using active chassis dampers/springs as actuators. Smallest forward/backward movements incl. Braking intervention by means of the chassis/(electric) traction machine of the vehicle can be used to reproduce abrupt maneuvers”, see P[0022]) during an autonomous driving mode (“Such traction interventions can be carried out when the vehicle is stationary or during autonomous driving in order to achieve the desired effect in conjunction with the media content”, see P[0022]);
wherein the plurality of control signals include:
a first control signal related to motion of the electrified vehicle (“Deceleration and acceleration in the media content can be achieved by tilting or Righting the vehicle using active chassis dampers/springs as actuators. Smallest forward/backward movements incl. Braking intervention by means of the chassis/(electric) traction machine of the vehicle can be used to reproduce abrupt maneuvers”, see P[0022]);
a second control signal related to air conditioning (“…a fan 5a…”, see P[0018] and “In the example, the actuator track 52 is assigned to a cold air fan, which produces an initially increasing air throughput (rising flank) over time t and has a decreasing dynamic after the skier has passed”, see P[0019] and “…the heating/air conditioning system of the means of transport is used to present/display the analysis results, especially the video content”, see P[0008]);
a third control signal related to at least one of: seats (“The actuator track 53 is assigned, for example, to a radiant heater device of a means of transport or to a seat heater…”, see P[0020]), interior lights, and/or a washer fluid ejector;
wherein the electrification control unit includes:
a motion determination unit configured to control a motion device of the electrified vehicle according to the first control signal (“By means of the data output, the evaluation unit is also set up to control the actuator…”, see P[0015]);
an air conditioning control unit configured to control an air conditioning device of the electrified vehicle according to the second control signal (“…a fan 5a…”, see P[0018] and “In the example, the actuator track 52 is assigned to a cold air fan, which produces an initially increasing air throughput (rising flank) over time t and has a decreasing dynamic after the skier has passed”, see P[0019] and “…the heating/air conditioning system of the means of transport is used to present/display the analysis results, especially the video content”, see P[0008]); and
an auxiliary control unit configured to control at least one of: the seats (“…a heating device 5b…”, see P[0018] and “The actuator track 53 is assigned, for example, to a radiant heater device of a means of transport or to a seat heater…”, see P[0020]), the interior lights, and/or the washer fluid ejector according to the third control signal,
wherein the motion determination unit is further configured to:
control the motion device to set vibration based on the first control signal (“The means of transport can be made to sway, wobble, jump, tilt, shake or vibrate in order to support a corresponding media presentation. In particular, a traction machine, which is preferably designed as an electric traction machine, can be used as an actuator, by means of which the means of transport is moved, for example, forwards and/or backwards and/or iteratively forwards and backwards in order to present the media content in a particularly impressive manner”, see P[0008] and “Structural vibrations generated by means of the active damper 5f or the traction machine 5g could also simulate the vibrations…”, see P[0018]);
generate a vibration perceptible to a driver by modulating torque of a driving motor…determined from in real-time (“The means of transport can be made to sway, wobble, jump, tilt, shake or vibrate in order to support a corresponding media presentation. In particular, a traction machine, which is preferably designed as an electric traction machine, can be used as an actuator, by means of which the means of transport is moved, for example, forwards and/or backwards and/or iteratively forwards and backwards in order to present the media content in a particularly impressive manner”, see P[0008] and “Structural vibrations generated by means of the active damper 5f or the traction machine 5g could also simulate the vibrations…”, see P[0018]); and
apply the vibration (“The means of transport can be made to sway, wobble, jump, tilt, shake or vibrate in order to support a corresponding media presentation. In particular, a traction machine, which is preferably designed as an electric traction machine, can be used as an actuator, by means of which the means of transport is moved, for example, forwards and/or backwards and/or iteratively forwards and backwards in order to present the media content in a particularly impressive manner”, see P[0008] and “Structural vibrations generated by means of the active damper 5f or the traction machine 5g could also simulate the vibrations…”, see P[0018]) in coordination with at least one of the second control signal or the third control signal so as to provide a multimodal effect including the motion and at least one of the air conditioning or the auxiliary operations (“…a fan 5a…”, see P[0018] and “In the example, the actuator track 52 is assigned to a cold air fan, which produces an initially increasing air throughput (rising flank) over time t and has a decreasing dynamic after the skier has passed”, see P[0019] and “…the heating/air conditioning system of the means of transport is used to present/display the analysis results, especially the video content”, see P[0008]).
Wokrinek et al. does not expressly recite the bolded portions of the claimed
generate a vibration perceptible to a driver by modulating torque of a driving motor according to a waveform selected from a sine wave, a triangular wave, or a square wave, wherein at least one of a period, an amplitude, or a pulse width of the waveform is determined from the first control signal in real-time.
However, clearly the output of the traction machine of Wokrinek et al. is altered when using the traction motion to simulate vibrations (see P[0008] and P[0018]).
Furthermore, Yu et al. (2012/0293313) teaches drive torque modulation, and simulating a specific vibration without external stimuli by feeding a motor of a vehicle a disturbance torque signal and causing a vehicle vibration (Yu et al.; see P[0030] and P[0040]), and a motor modulation torque that “can be both positive and negative like a sinusoidal signal, or just be positive/negative only like sawtooth/square waves” (Yu et al.; see P[0040]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wokrinek et al. with the teachings of Yu et al., and to generate a vibration perceptible to a driver by modulating torque of a driving motor according to a waveform selected from a sine wave, a triangular wave, or a square wave, wherein at least one of a period, an amplitude, or a pulse width of the waveform is determined from the first control signal in real-time, as rendered obvious by Yu et al., in order to simulate a vibration by feeding the motor of the vehicle with a pattern of disturbance torque signal to thereby excite the vehicle vibration without external stimuli (Yu et al.; “…simulate the vibration by feeding the motor of the vehicle with a pattern of disturbance torque signal and thereby excite the vehicle vibration without external stimuli…”, see P[0030]), and in order to provide a “torque modulation signal represents a torque other than torque satisfying propulsion and braking of the vehicle” (Yu et al.; see Claim 2) while also providing a torque that satisfies “vehicle propulsion or braking” (Yu et al.; see P[0037]), and in order to provide a “vehicle oscillation” that is “optimized for driver comfort and acceptance” (Yu et al.; see P[0047]).
Regarding Claim 6, Wokrinek et al. teaches the claimed electrification control unit for an electrified vehicle according to claim 1, wherein the electrification control unit is configured to control one or more of the motion determination unit, the air conditioning control unit, and/or the auxiliary control unit simultaneously or sequentially (“By means of the data output, the evaluation unit is also set up to control the actuator…”, see P[0015]).
Regarding Claim 7, Wokrinek et al. teaches the claimed
method for controlling an electrification control unit for an electrified vehicle, the method comprising:
determining whether an electrified vehicle is in an autonomous driving mode (“Such traction interventions can be carried out when the vehicle is stationary or during autonomous driving in order to achieve the desired effect in conjunction with the media content”, see P[0022] and “A screen 4 (CID) is arranged in the dashboard of the car, on which a first sequence 2 of a film 1 is reproduced as media content. The film 1 is played via an output 9 of an electronic control unit 7. More specifically, the video signals are sent to the screen 4 via the data output 9. To play back the film 1, in accordance with the invention, a multimedia file received via the antenna 13 is first received via a data input 8 by the electronic control unit 7 as an evaluation unit…”, see P[0018]);
classifying media factors of a media content played in the electrified vehicle into a plurality of categories if the electrified vehicle is in the autonomous driving mode (“If the suitability of one of the aforementioned actuators 5a to 5g is determined, an “actuator track” (not shown) is created in a data memory 14, in which the signals suitable for controlling the respective actuator 5a to 5g are stored at least temporarily synchronously with the respective sequence 2 of the film 1” (emphasis added), see P[0018] and “Sequence 2 shown on screen 4 depicts a winter scene. This has been analyzed in advance by the electronic control unit 7 or even outside the car 10. In particular, the video signal was categorized as “wintry” and “fast” or “rapid” by a machine-based comparison algorithm”, see P[0018], also see P[0015] and “Deceleration and acceleration in the media content can be achieved by tilting or Righting the vehicle using active chassis dampers/springs as actuators. Smallest forward/backward movements incl. Braking intervention by means of the chassis/(electric) traction machine of the vehicle can be used to reproduce abrupt maneuvers”, see P[0022]);
generating a plurality of control signals corresponding to the plurality of categories (“If the suitability of one of the aforementioned actuators 5a to 5g is determined, an “actuator track” (not shown) is created in a data memory 14, in which the signals suitable for controlling the respective actuator 5a to 5g are stored at least temporarily synchronously with the respective sequence 2 of the film 1”, see P[0018]); and
controlling the electrified vehicle in connection with the plurality of (“Therefore, the skiers depicted would experience a cold wind as a sensory impression, which can be suitably recreated by means of the fan 5a or by means of the lowered side window 12”, see P[0018] and “Deceleration and acceleration in the media content can be achieved by tilting or Righting the vehicle using active chassis dampers/springs as actuators. Smallest forward/backward movements incl. Braking intervention by means of the chassis/(electric) traction machine of the vehicle can be used to reproduce abrupt maneuvers”, see P[0022]) during an autonomous driving mode (“Such traction interventions can be carried out when the vehicle is stationary or during autonomous driving in order to achieve the desired effect in conjunction with the media content”, see P[0022]);
wherein the plurality of control signals include:
a first control signal related to motion of the electrified vehicle (“Deceleration and acceleration in the media content can be achieved by tilting or Righting the vehicle using active chassis dampers/springs as actuators. Smallest forward/backward movements incl. Braking intervention by means of the chassis/(electric) traction machine of the vehicle can be used to reproduce abrupt maneuvers”, see P[0022]), a second control signal related to air conditioning (“…a fan 5a…”, see P[0018] and “In the example, the actuator track 52 is assigned to a cold air fan, which produces an initially increasing air throughput (rising flank) over time t and has a decreasing dynamic after the skier has passed”, see P[0019] and “…the heating/air conditioning system of the means of transport is used to present/display the analysis results, especially the video content”, see P[0008]), and a third control signal related to at least one of: seats (“The actuator track 53 is assigned, for example, to a radiant heater device of a means of transport or to a seat heater…”, see P[0020]), interior lights, and/or a washer fluid ejector,
wherein the controlling of the electrified vehicle step further comprises:
controlling a motion device of the electrified vehicle according to the first control signal (“By means of the data output, the evaluation unit is also set up to control the actuator…”, see P[0015]);
controlling an air conditioning device of the electrified vehicle according to the second control signal (“…a fan 5a…”, see P[0018] and “In the example, the actuator track 52 is assigned to a cold air fan, which produces an initially increasing air throughput (rising flank) over time t and has a decreasing dynamic after the skier has passed”, see P[0019] and “…the heating/air conditioning system of the means of transport is used to present/display the analysis results, especially the video content”, see P[0008]); and
controlling an auxiliary device configured to at least one of: the seats (“…a heating device 5b…”, see P[0018] and “The actuator track 53 is assigned, for example, to a radiant heater device of a means of transport or to a seat heater…”, see P[0020]), the interior lights, and/or the washer fluid ejector according to the third control signal,
wherein the controlling of the motion device step further includes:
controlling the motion device to set vibration based on the first control signal (“The means of transport can be made to sway, wobble, jump, tilt, shake or vibrate in order to support a corresponding media presentation. In particular, a traction machine, which is preferably designed as an electric traction machine, can be used as an actuator, by means of which the means of transport is moved, for example, forwards and/or backwards and/or iteratively forwards and backwards in order to present the media content in a particularly impressive manner”, see P[0008] and “Structural vibrations generated by means of the active damper 5f or the traction machine 5g could also simulate the vibrations…”, see P[0018]);
generating a vibration perceptible to a driver by modulating torque of a driving motor…determined from the first control signal in real-time (“The means of transport can be made to sway, wobble, jump, tilt, shake or vibrate in order to support a corresponding media presentation. In particular, a traction machine, which is preferably designed as an electric traction machine, can be used as an actuator, by means of which the means of transport is moved, for example, forwards and/or backwards and/or iteratively forwards and backwards in order to present the media content in a particularly impressive manner”, see P[0008] and “Structural vibrations generated by means of the active damper 5f or the traction machine 5g could also simulate the vibrations…”, see P[0018]), and
applying the vibration (“The means of transport can be made to sway, wobble, jump, tilt, shake or vibrate in order to support a corresponding media presentation. In particular, a traction machine, which is preferably designed as an electric traction machine, can be used as an actuator, by means of which the means of transport is moved, for example, forwards and/or backwards and/or iteratively forwards and backwards in order to present the media content in a particularly impressive manner”, see P[0008] and “Structural vibrations generated by means of the active damper 5f or the traction machine 5g could also simulate the vibrations…”, see P[0018]) in coordination with at least one of the second control signal or the third control signal so as to provide a multimodal effect including the motion and at least one of the air conditioning or the auxiliary operations (“…a fan 5a…”, see P[0018] and “In the example, the actuator track 52 is assigned to a cold air fan, which produces an initially increasing air throughput (rising flank) over time t and has a decreasing dynamic after the skier has passed”, see P[0019] and “…the heating/air conditioning system of the means of transport is used to present/display the analysis results, especially the video content”, see P[0008]).
Wokrinek et al. does not expressly recite the bolded portions of the claimed
generating a vibration perceptible to a driver by modulating torque of a driving motor according to a waveform selected from a sine wave, a triangular wave, or a square wave, wherein at least one of a period, an amplitude, or a pulse width of the waveform is determined from the first control signal in real-time.
However, clearly the output of the traction machine of Wokrinek et al. is altered when using the traction motion to simulate vibrations (see P[0008] and P[0018]).
Furthermore, Yu et al. (2012/0293313) teaches drive torque modulation, and simulating a specific vibration without external stimuli by feeding a motor of a vehicle a disturbance torque signal and causing a vehicle vibration (Yu et al.; see P[0030] and P[0040]), and a motor modulation torque that “can be both positive and negative like a sinusoidal signal, or just be positive/negative only like sawtooth/square waves” (Yu et al.; see P[0040]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wokrinek et al. with the teachings of Yu et al., and generating a vibration perceptible to a driver by modulating torque of a driving motor according to a waveform selected from a sine wave, a triangular wave, or a square wave, wherein at least one of a period, an amplitude, or a pulse width of the waveform is determined from the first control signal in real-time, as rendered obvious by Yu et al., in order to simulate a vibration by feeding the motor of the vehicle with a pattern of disturbance torque signal to thereby excite the vehicle vibration without external stimuli (Yu et al.; “…simulate the vibration by feeding the motor of the vehicle with a pattern of disturbance torque signal and thereby excite the vehicle vibration without external stimuli…”, see P[0030]), and in order to provide a “torque modulation signal represents a torque other than torque satisfying propulsion and braking of the vehicle” (Yu et al.; see Claim 2) while also providing a torque that satisfies “vehicle propulsion or braking” (Yu et al.; see P[0037]), and in order to provide a “vehicle oscillation” that is “optimized for driver comfort and acceptance” (Yu et al.; see P[0047]).
Regarding Claim 12, Wokrinek et al. teaches the claimed method according to claim 7,wherein the controlling of the electrified vehicle step further includes controlling one or more of: the motion device, the air conditioning device, and/or the auxiliary device simultaneously or sequentially (“By means of the data output, the evaluation unit is also set up to control the actuator…”, see P[0015]).
Regarding Claim 13, Wokrinek et al. teaches the claimed non-transitory computer-readable recording medium in which a program containing computer executable code stored thereon for executing the method of claim 7 is recorded (“…programmable processor…”, see P[0015]).
Regarding Claim 14, Wokrinek et al. teaches the claimed vehicle comprising an electrification control unit, wherein the electrification control unit is configured to:
classify media factors of a media content played in an electrified vehicle into a plurality of categories (“If the suitability of one of the aforementioned actuators 5a to 5g is determined, an “actuator track” (not shown) is created in a data memory 14, in which the signals suitable for controlling the respective actuator 5a to 5g are stored at least temporarily synchronously with the respective sequence 2 of the film 1” (emphasis added), see P[0018] and “Sequence 2 shown on screen 4 depicts a winter scene. This has been analyzed in advance by the electronic control unit 7 or even outside the car 10. In particular, the video signal was categorized as “wintry” and “fast” or “rapid” by a machine-based comparison algorithm”, see P[0018], also see P[0015] and “Deceleration and acceleration in the media content can be achieved by tilting or Righting the vehicle using active chassis dampers/springs as actuators. Smallest forward/backward movements incl. Braking intervention by means of the chassis/(electric) traction machine of the vehicle can be used to reproduce abrupt maneuvers”, see P[0022]);
generate a plurality of control signals corresponding to the plurality of categories (“If the suitability of one of the aforementioned actuators 5a to 5g is determined, an “actuator track” (not shown) is created in a data memory 14, in which the signals suitable for controlling the respective actuator 5a to 5g are stored at least temporarily synchronously with the respective sequence 2 of the film 1”, see P[0018]); and
control the electrified vehicle in connection with the plurality of (“Therefore, the skiers depicted would experience a cold wind as a sensory impression, which can be suitably recreated by means of the fan 5a or by means of the lowered side window 12”, see P[0018] and “Deceleration and acceleration in the media content can be achieved by tilting or Righting the vehicle using active chassis dampers/springs as actuators. Smallest forward/backward movements incl. Braking intervention by means of the chassis/(electric) traction machine of the vehicle can be used to reproduce abrupt maneuvers”, see P[0022]) during an autonomous driving mode (“Such traction interventions can be carried out when the vehicle is stationary or during autonomous driving in order to achieve the desired effect in conjunction with the media content”, see P[0022]),
wherein the plurality of control signals includes: a first control signal related to motion of the electrified vehicle (“Deceleration and acceleration in the media content can be achieved by tilting or Righting the vehicle using active chassis dampers/springs as actuators. Smallest forward/backward movements incl. Braking intervention by means of the chassis/(electric) traction machine of the vehicle can be used to reproduce abrupt maneuvers”, see P[0022]), a second control signal related to air conditioning (“…a fan 5a…”, see P[0018] and “In the example, the actuator track 52 is assigned to a cold air fan, which produces an initially increasing air throughput (rising flank) over time t and has a decreasing dynamic after the skier has passed”, see P[0019] and “…the heating/air conditioning system of the means of transport is used to present/display the analysis results, especially the video content”, see P[0008]), and a third control signal related to at least one of: seats (“The actuator track 53 is assigned, for example, to a radiant heater device of a means of transport or to a seat heater…”, see P[0020]), interior lights, and/or a washer fluid ejector;
wherein the controlling of the electrified vehicle step further comprises:
controlling a motion device of the electrified vehicle according to the first control signal (“By means of the data output, the evaluation unit is also set up to control the actuator…”, see P[0015]);
controlling an air conditioning device of the electrified vehicle according to the second control signal (“…a fan 5a…”, see P[0018] and “In the example, the actuator track 52 is assigned to a cold air fan, which produces an initially increasing air throughput (rising flank) over time t and has a decreasing dynamic after the skier has passed”, see P[0019] and “…the heating/air conditioning system of the means of transport is used to present/display the analysis results, especially the video content”, see P[0008]); and
controlling an auxiliary device configured to at least one of: the seats (“…a heating device 5b…”, see P[0018] and “The actuator track 53 is assigned, for example, to a radiant heater device of a means of transport or to a seat heater…”, see P[0020]), the interior lights, and/or the washer fluid ejector according to the third control signal;
wherein the controlling of the motion device step further includes:
controlling the motion device to set vibration based on the first control signal (“The means of transport can be made to sway, wobble, jump, tilt, shake or vibrate in order to support a corresponding media presentation. In particular, a traction machine, which is preferably designed as an electric traction machine, can be used as an actuator, by means of which the means of transport is moved, for example, forwards and/or backwards and/or iteratively forwards and backwards in order to present the media content in a particularly impressive manner”, see P[0008] and “Structural vibrations generated by means of the active damper 5f or the traction machine 5g could also simulate the vibrations…”, see P[0018]);
generating a vibration perceptible to a driver by modulating torque of a driving motor…determined from in real-time (“In step 600, a second sequence of the media content with image and audio content, different from the first sequence, is automatically determined and analyzed. It is determined that the actuator used to play the first sequence is not suitable for use in the second sequence. Accordingly, in step 700, the second sequence of the media content is played without the use of the actuator”, see P[0021], and “The means of transport can be made to sway, wobble, jump, tilt, shake or vibrate in order to support a corresponding media presentation. In particular, a traction machine, which is preferably designed as an electric traction machine, can be used as an actuator, by means of which the means of transport is moved, for example, forwards and/or backwards and/or iteratively forwards and backwards in order to present the media content in a particularly impressive manner”, see P[0008] and “Structural vibrations generated by means of the active damper 5f or the traction machine 5g could also simulate the vibrations…”, see P[0018]); and
applying the vibration (“The means of transport can be made to sway, wobble, jump, tilt, shake or vibrate in order to support a corresponding media presentation. In particular, a traction machine, which is preferably designed as an electric traction machine, can be used as an actuator, by means of which the means of transport is moved, for example, forwards and/or backwards and/or iteratively forwards and backwards in order to present the media content in a particularly impressive manner”, see P[0008] and “Structural vibrations generated by means of the active damper 5f or the traction machine 5g could also simulate the vibrations…”, see P[0018]) in coordination with at least one of the second control signal or the third control signal so as to provide a multimodal effect including the motion and at least one of the air conditioning or the auxiliary operations (“…a fan 5a…”, see P[0018] and “In the example, the actuator track 52 is assigned to a cold air fan, which produces an initially increasing air throughput (rising flank) over time t and has a decreasing dynamic after the skier has passed”, see P[0019] and “…the heating/air conditioning system of the means of transport is used to present/display the analysis results, especially the video content”, see P[0008]).
Wokrinek et al. does not expressly recite the bolded portions of the claimed
generating a vibration perceptible to a driver by modulating torque of a driving motor according to a waveform selected from a sine wave a triangular wave, or a square wave wherein at least one of a period, an amplitude, or a pulse width of the waveform is determined from the first control signal in real-time.
However, clearly the output of the traction machine of Wokrinek et al. is altered when using the traction motion to simulate vibrations (see P[0008] and P[0018]).
Furthermore, Yu et al. (2012/0293313) teaches drive torque modulation, and simulating a specific vibration without external stimuli by feeding a motor of a vehicle a disturbance torque signal and causing a vehicle vibration (Yu et al.; see P[0030] and P[0040]), and a motor modulation torque that “can be both positive and negative like a sinusoidal signal, or just be positive/negative only like sawtooth/square waves” (Yu et al.; see P[0040]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wokrinek et al. with the teachings of Yu et al., and generating a vibration perceptible to a driver by modulating torque of a driving motor according to a waveform selected from a sine wave a triangular wave, or a square wave wherein at least one of a period, an amplitude, or a pulse width of the waveform is determined from the first control signal in real-time, as rendered obvious by Yu et al., in order to simulate a vibration by feeding the motor of the vehicle with a pattern of disturbance torque signal to thereby excite the vehicle vibration without external stimuli (Yu et al.; “…simulate the vibration by feeding the motor of the vehicle with a pattern of disturbance torque signal and thereby excite the vehicle vibration without external stimuli…”, see P[0030]), and in order to provide a “torque modulation signal represents a torque other than torque satisfying propulsion and braking of the vehicle” (Yu et al.; see Claim 2) while also providing a torque that satisfies “vehicle propulsion or braking” (Yu et al.; see P[0037]), and in order to provide a “vehicle oscillation” that is “optimized for driver comfort and acceptance” (Yu et al.; see P[0047]).
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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/ISAAC G SMITH/ Primary Examiner, Art Unit 3662