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 Amendment
This is in response to applicant's amendment which was filed on 12/10/2025 and has been entered. Claims 14-16, 19, 21, and 24 have been amended. Claims 1-13 have been cancelled. No claims have been added. Claims 14-26 are still pending in this application, with claim 14 and 25 being independent. Claims 25-26 remains withdrawn from consideration as directed to a non-elected invention.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 14-16 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pyzik (US 2020/0238902) in view of Kwon (US 2017/0001558).
Regarding claim 14, Pyzik teaches An audible vehicle warning system arranged for performing AVAS functionality (Pyzik ¶0011, “an acoustic vehicle alerting system (AVAS)”) and generating a horn signal (Pyzik ¶0042, “alert sound”) and comprising: a loudspeaker system comprising a loudspeaker arranged for outputting sound signals at least in a selected frequency range comprising at least frequencies from 400 Hz to 4 kHz (Pyzik figures 9a-9b, 10, ¶0035, with BRI, selected frequency range can be any frequency range that comprises at least a frequency within the range of 400Hz-2kHz),
a sound library comprising one or more sound signals intended as a horn signal when output by said loudspeaker (Pyzik ¶0047, “The proposal for the emitted sound 83 is created based on subjective evaluation 81. The sound is created in such a way that it mimics the vehicle functional sounds (road noise, air conditioning, wind noise etc.) so that it is masked by vehicle sounds or blends in with the existing vehicle sounds,” it is inherent that there is a library of multiple sounds in the memory in order to select one for reproduction), each of said sound signals having a ⅓ octave frequency band which is taken as a reference frequency band (Pyzik figure 12 and ¶0052 “A-weighted third octave spectrum to show the difference in the sound level when using tonal sound or “noise like” sound”), said reference frequency band containing at least a predetermined part of a total power of the respective sound signal (Pyzik figure 12 and ¶0052 “A-weighted third octave spectrum to show the difference in the sound level when using tonal sound or “noise like” sound”), and wherein a ⅓ octave frequency band averaged response of said loudspeaker system has in a ⅓ octave frequency band (Pyzik ¶0052, “The narrow band frequency spectrum of a noise like sound 121 is averaged to the third octave bands spectrum 122. The narrow band frequency spectrum of a tonal noise like sound 123 is averaged to the third octave bands spectrum 124”) corresponding to said reference frequency band of the respective sound signal an amplitude level which is at least 3 dB above an average amplitude level (with BRI, an average amplitude level is not defined and can be considered any amplitude level) in a frequency range from 400 Hz to 2 kHz (Pyzik figure 9b and 12, and ¶0052. Noise like sound 121 has 0-5dB at frequencies 450-500 while averaged third octave band spectrum 122 has peaks above 30 dB), however does not explicitly teach a sound library comprising one or more sound signals.
Kwon teaches a sound library comprising one or more sound signals (Kwon ¶0059, “single engine sound is divided and individually stored in a plurality of frequency bands”), each of said sound signals having a ⅓ octave frequency band which is taken as a reference frequency band (Kwon ¶0075, “allows a pedestrian to further easily and conveniently recognize the sound in any environment through a difference of an one third octave band forming change of sound audible by the ears of a person”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Kwon to improve the known Pyzik to achieve the predictable result of increased recognizability of alert sounds to increase safety of pedestrians.
Regarding claim 15, Pyzik in view of Kwon teaches wherein the amplitude level is 5 dB (Pyzik figure 9b and 12, and ¶0052. Noise like sound 121 has 0-5dB at frequencies 450-500 while averaged third octave band spectrum 122 has peaks above 30 dB).
Regarding claim 16, Pyzik in view of Kwon teaches wherein said predetermined part is at least one third of the total power of the respective sound signal (See ¶0016 of instant application. Pyzik figure 12 and ¶0052 “A-weighted third octave spectrum to show the difference in the sound level when using tonal sound or “noise like” sound”).
Regarding claim 24, Pyzik in view of Kwon teaches wherein said selected frequency range comprises the range from 400 Hz to 2 kHz (Pyzik ¶0035, "The third-octave band values of all TFs are calculated for the frequency range of interest (depending on legal requirement) starting from 160 or 315 Hz to 5000 Hz." which includes the frequency range of 400Hz to 2kHz).
Claim(s) 17, and 19-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pyzik (US 2020/0238902) in view of Kwon (US 2017/0001558) in further view of Timo (US 2017/0359639).
Regarding claim 17, Pyzik in view of Kwon does not explicitly teach wherein said loudspeaker system comprises a cavity wherein said loudspeaker is mounted.
Timo teaches wherein said loudspeaker system comprises a cavity wherein said loudspeaker is mounted (Timo figure 6, 8).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Timo to improve the known vehicle warning system of Pyzik in view of Kwon to achieve the predictable result of improving sound quality at low frequency range (Timo ¶0013).
Regarding claim 19, Pyzik in view of Kwon in further view of Timo teaches wherein said cavity has a first opening in front of a diaphragm of said loudspeaker (Timo figure 6, 8).
Regarding claim 20, Pyzik in view of Kwon in further view of Timo teaches a horn mouth in front of said first opening (Timo figure 7, frame 21 is considered a horn mouth with BRI).
Regarding claim 21, Pyzik in view of Kwon in further view of Timo teaches wherein said cavity comprises a second opening at a backside of said cavity (Timo figure 7, opening 27).
Regarding claim 22, Pyzik in view of Kwon in further view of Timo teaches wherein said second opening is in connection with at least one vent outlet oriented in a same direction as said first opening (Timo figure 7, opening 27 is oriented vertically, same as the acoustic space).
Regarding claim 23, Pyzik in view of Kwon in further view of Timo teaches wherein said loudspeaker system comprises one loudspeaker (Timo figure 7).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pyzik (US 2020/0238902) in view of Kwon (US 2017/0001558) in further view of Timo (US 2017/0359639) in further view of Miyata (US 2017/0134847).
Regarding claim 18, Pyzik in view of Kwon in further view of Timo does not explicitly teach wherein said loudspeaker system has at least one acoustic resonance falling within said frequency band.
Miyata teaches wherein said loudspeaker system has at least one acoustic resonance falling within said frequency band (Miyata ¶0033, ¶0039, ¶0043).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Miyata to improve the known vehicle warning system of Pyzik in view of Kwon in further view of Timo to achieve the predictable result of achieving the desired frequency response.
Response to Arguments
Applicant's arguments filed 12/10/2025 have been fully considered but they are not persuasive. Applicant argues on pages 7-8 of Remarks that cited references Pyzik and Kwon does not teach “performing AVAS functionality and for generating a horn signal” of claim 14, because Pyzik is silent to performing both AVAS functionality and a horn signal. Examiner respectfully disagrees.
Firstly, Applicant’s arguments rely on language solely recited in preamble recitations in claim(s) 14. When reading the preamble in the context of the entire claim, the recitation “performing AVAS functionality and for generating a horn signal,” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02. In addition, Pyzik teaches an acoustic vehicle alerting system (AVAS) (Summary ¶0011), and with BRI, the functions performed by the AVAS of Pyzik is considered “performing AVAS functionality.” The body of claim 14 recites “one or more sound signals intended as a horn signal when output by said loudspeaker.” The claim does recite an actual horn signal in the body of the claim is considered intended use. However, Pyzik does teach “one or more sound signals intended as a horn signal.” Pyzik teaches generating alert sounds meant to alarm road users (Pyzik ¶0040, “the AVAS sound is also required in a stationary vehicle condition, wherein as soon as the gear selector is put into “Drive” or “Reverse” an AVAS sound is emitted. This is to warn the vulnerable road users that a vehicle can start moving at any moment” and ¶0003 explains that the purpose of AVAS is to warn vulnerable road users of an approaching vehicle using sound), which can be considered a horn signal. Applicant also argues that Pyzik actually teaches away from a horn signal because Pyzik states in ¶0009 that it is undesirable to have an “auto horn blasting device.” Examiner respectfully disagrees, in Pyzik ¶0009, it is discussed that in a conventional acoustic alert system, the alert sound is enhanced by increase in volume which results in loud and startling sounds; therefore, applicant is attacking the conventional art discussed in ¶0009 and not cited reference Pyzik. The instant invention of Pyzik figure 9b, ¶0011-0012, teaches achieving vehicle sounds that meets the exterior legal requirements and easily recognizable outside the vehicle and does not sound harsh or annoying, which does not teach away from “one or more sound signals intended as a horn signal.” Therefore, the arguments are not persuasive and the claims stand rejected.
Applicant also requested for rejoining non-elected claims 25-26 which are believed to be drawn to allowable subject matter. However, neither of the two mutually exclusive inventions are drawn to allowable subject matter because cited references Pyzik in view of Kwon still teach the amended limitations of claims 14-24, and therefore the claims are not rejoined.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NORMAN YU whose telephone number is (571)270-7436. The examiner can normally be reached on Mon - Fri 11am-7pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached on 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any response to this action should be mailed to:
Commissioner of Patents and Trademarks
P.O. Box 1450
Alexandria, Va. 22313-1450
Or faxed to:
(571) 273-8300, for formal communications intended for entry and for
informal or draft communications, please label “PROPOSED” or “DRAFT”.
Hand-delivered responses should be brought to:
Customer Service Window
Randolph Building
401 Dulany Street
Arlington, VA 22314
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NORMAN YU/Primary Examiner, Art Unit 2693