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 .
Status of Claims
This Office Action is in response to the amendments filed on 8 July 2025. Claims 2, 5, 11, 14 and 20 have been cancelled. Claims 1, 3, 4, 6-10, 12-13, and 15-19 are amended. Claims 21-25 are new. Claims 1, 3, 4, 6-10, 12-13, 15-19 and 21-25 are presently pending and examined.
Response to Arguments
Rejection under 35 USC 112
Applicant’s amendments and accompanying arguments, see remarks, filed 8 July 2025, with respect to 112 rejections have been fully considered and are persuasive. The 112 rejection of Claims 5 and 14 has been withdrawn.
Prior Art Rejection
Applicant’s amendments and accompanying arguments, see remarks, filed 8 July 2025, with respect to the rejection(s) of claim(s) 1, 2, 8, 10, 11, and 17 under 35 U.S.C. 102 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 Therefore, the rejection has been withdrawn.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 Kevin J. Bastyr et. al. US. 10065561 (”Bastyr”).
Applicant’s amendments and accompanying arguments, see remarks, filed 8 July 2025, with respect to the rejection(s) of claim(s) 3-7, 9, 12-16, and 18-20 under 35 U.S.C.103 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 Therefore, the rejection has been withdrawn.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 Kevin J. Bastyr et. al. US. 10065561 (”Bastyr”).
Claim Objections
Claim 4 is objected to because of the following informalities. Claim 4 currently recites "actual deceleration of the vehicle when the vehicle is accelerating." This appears to be a minor typographical or syntax error in claim drafting. For purposes of examination, claim 4 has been interpreted to be "actual deceleration of the vehicle when the vehicle is decelerating."
Claim 22 is objected to because of the following informalities: “wherein the” is repeated. Appropriate correction is required.
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.
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, 8, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Every et. al. US 9,944,127 (“Every”) in view of Kevin J. Bastyr et. al. US 10065561 (”Bastyr”).
As per Claim 1 and 10
Every discloses,
obtaining sensor data for a vehicle from one or more sensors of the vehicle, including as to an acceleration or deceleration of the vehicle; ( see at least [Col. 2, line 21-23] Vehicle parameters such as throttle position, engine load, acceleration and vehicle speed may also be used as inputs to a Shepard's tone engine synthesizer, and [Col. 5, Line 41-42] Receiving one or more vehicle operational data signals associated with a vehicle)
determining, via a processor of the vehicle, a selected Shepard tone for a sound to be provided for the vehicle based on the sensor data based on the acceleration or deceleration of the vehicle (see at least [Col. 3, line 14-17] the tone parameter 110 associated with pitch of the Shepard tone generator 106 may be modified to increase the number of concurrent tones of the Shepard's tone responsive to the vehicle operation data signal 102 associated with increasing vehicle acceleration, and [Col. 5, Line 43-49] modifying one or more tone parameters associated with Shepard tone generator through a signal processor responsive to one or more vehicle operational data signals. Generating a Shepard tone responsive to the modified one or more tone parameters 206)
providing the sound for the vehicle, using the selected Shepard tone, via one or more speakers of the vehicle in accordance with instructions provided by the processor (See at least [Col 5, Line 50-53] generating an audio post processing feedback parameter by post processing the Shepard tones; reproducing the Shepard tone using one or more audio transducers)
Every does not disclose,
determining, via a processor of the vehicle, a first selected Shepard tone for an exterior sound to be provided for outside the vehicle based on the sensor data, based on the acceleration or deceleration of the vehicle in addition to a first individual disposed outside the vehicle;
determining, via the processor, a second selected Shepard tone for an interior sound to be provided inside the vehicle based on the sensor data, based on the acceleration or deceleration of the vehicle in addition to a second individual disposed inside the vehicle;
providing the exterior sound for the vehicle, using the first selected Shepard tone, via one or more exterior speakers of the vehicle in accordance with instructions provided by the processor; and
providing the interior sound for the vehicle, different from the exterior sound, using the second selected Shepard tone, via one or more interior speakers of the vehicle in accordance with instructions provided by the processor.
Bastyr teaches,
determining, via a processor of the vehicle, a first selected Shepard tone for an exterior sound to be provided for outside the vehicle based on the sensor data, based on the acceleration or deceleration of the vehicle in addition to a first individual disposed outside the vehicle; ( see at least Fig. 1, Fig. 9, [Col. 4, line 67-Col. 5, line 4] the external speakers may mask the suspension and other noises of the vehicle for external listeners and/or provide a high quality sonic impression. The sound output by the external speakers may also function as a pedestrian alerting system, and [Col. 8, line 65-67] The portion of the sound signal with the changes in modulation based on vehicle operating parameters may simulate an increase in vehicle speed)
determining, via the processor, a second selected Shepard tone for an interior sound to be provided inside the vehicle based on the sensor data, based on the acceleration or deceleration of the vehicle in addition to a second individual disposed inside the vehicle, (see at least [Col.4, line 15-19] Occupants of an electric vehicle may desire to experience sounds associated with an internal combustion engine or other sound effects (e.g., other simulated engine sounds with any type of character), and [Col. 8, line 65-67] The portion of the sound signal with the changes in modulation based on vehicle operating parameters may simulate an increase in vehicle speed
providing the exterior sound for the vehicle, using the first selected Shepard tone, via one or more exterior speakers of the vehicle in accordance with instructions provided by the processor; (see at least [Col. 4, line 25-28] The SVSG system 102 may be configured to simulate sounds associated with a vehicle being driven by a combustion engine, such as a jet, motorboat, rocket, or other vehicle type, and [Col. 4, line 49-51] The sounds discussed herein may be produced through one or more of the speakers 105 present throughout the vehicle 100.)
providing the interior sound for the vehicle, different from the exterior sound, using the second selected Shepard tone, via one or more interior speakers of the vehicle in accordance with instructions provided by the processor (see at least [Col. 5, line 4-6] each individual speaker 105 may be driven individually (e.g., with different audio signals from one another), [Col. 14, line 21-24] For example, the first synthetic sound signal may represent a simulated combustion engine while the second synthetic sound signal may represent a white noise sound).
Thus, Every discloses a method of generating Shepard tones and Bastyr teaches determining and generating different interior and exterior sounds based on acceleration or deceleration of a vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed inventions as disclosed by Every with information about the generation of different tones as taught by Bastyr, with a reasonable expectation of success, to produce simulated vehicle sounds that are audible outside/external to the vehicle 100 and to occupants inside of the vehicle 100 (Col. 4, line 64-66)).
As per Claim 8,
Every discloses,
Wherein the step of obtaining the sensor data comprises obtaining the sensor data as to a motor torque for the vehicle (See at least [Col. 2, Line 41-50] The one or more vehicle operational data signals 102 may include, for example, any one or more of motor rotational speed (e.g. RPM), vehicle acceleration, vehicle velocity, motor load, throttle position, gearbox (e.g. transmission) gear selection and engine power settings. One or more vehicle operational data signals 102 may be readily available in real-time on a vehicle bus including a Controller Area Network (CAN bus) and/or a MOST (Media Oriented Systems Transport) bus)
wherein the step of determining the selected first Shepard tone and second Shepard tone comprises determining, via the processor, the selected first Shepard tone and second Shepard tone for the exterior and interior sounds sound to be provided for the vehicle based also on the motor torque (See at least [ Col 5, line 61] The method for synthesizing an engine sound of claim 1, where the one or more vehicle operational data signals comprises one or more of a motor rotational speed, the vehicle's acceleration, the vehicle's velocity, a motor load, a throttle position and a plurality of power settings).
As per Claim 17,
Every discloses,
wherein the one or more sensors are further configured to obtain the sensor data as to a motor torque for the vehicle (see at least [Col 2, Line 41-50] The one or more vehicle operational data signals 102 may include, for example, any one or more of motor rotational speed (e.g. RPM), vehicle acceleration, vehicle velocity, motor load, throttle position, gearbox (e.g. transmission) gear selection and engine power settings. One or more vehicle operational data signals 102 may be readily available in real-time on a vehicle bus including a Controller Area Network (CAN bus) and/or a MOST (Media Oriented Systems Transport) bus).
the processor is further configured to at least facilitate determining the selected first and second Shepard tones for the exterior and interior sounds to be provided for the vehicle based also on the motor torque for the vehicle (see at least [Col. 5, Line 61 - 65 ] The method for synthesizing an engine sound of claim 1, where the one or more vehicle operational data signals comprises one or more of a motor rotational speed, the vehicle's acceleration, the vehicle's velocity, a motor load, a throttle position and a plurality of power settings).
Claims 3, 4, 12, 13, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Every in view of Bastyr as per Claim 1, and further in view of Wang US 10,699,692 (“Wang”).
As per Claim 3 and 12,
Every discloses,
wherein the selected first Shepard tone is determined via the processor such that a first perception of acceleration for the vehicle is provided for the first individual outside the vehicle that is greater than or less than an actual acceleration of the vehicle when the vehicle is accelerating, and
the selected second Shepard tone is determined via the processor such that a second perception of deceleration for the vehicle is provided for the second individual inside the vehicle that is greater than or less than an actual deceleration of the vehicle when the vehicle is accelerating ( See at least [Col 2, Line 67- Col. 3, Line 4] the tone parameter 110 associated with pitch of the Shepard tone generator 106 may be modified to increase the pitch of the Shepard's tone responsive to the vehicle operation data signal 102 associated with increasing vehicle velocity, and [ Col. 2, Line 9 – 11] Playback may increase, decrease, or hold pitch, depending on the RPM and/or other vehicle operational data signal)
Every does not disclose,
based on a first intended action for the first individual to perform and
based on a second intended action for the second individual to perform
Bastyr teaches,
based on a first intended action for the first individual to perform ( see at least [Col. 4, line 67 – Col. 5, line the external speakers may mask the suspension and other noises of the vehicle for external listeners and/or provide a high quality sonic impression. The sound output by the external speakers may also function as a pedestrian alerting system.)
based on a second intended action for the second individual to perform (see at least [Col. 3, line 55-57] The cabin speakers may be driven to produce sounds optimized for occupants of the vehicle (e.g., toward an interior of the vehicle), and [Col. 8, line 17-29] by modulating different frequency ranges of a synthetic sound signal differently, unwanted vehicle noises may continue to be masked (e.g., with unmodulated low frequency portions of the synthetic sound) while an occupant of the vehicle perceives synthetic sounds that change with vehicle operating parameters (e.g., vehicle speed) similarly to sounds in vehicles with combustion engines. Other examples of vehicle operating parameters that may be used to control the sound characteristics of the first frequency range include engine speed/RPM, accelerator pedal input, shaft speed, vehicle speed, engine torque, ambient noise, and/or other parameters
Thus, Every discloses a method of generating Shepard tones and Bastyr teaches determining and generating different interior and exterior sounds based on first individual our side a vehicle and second individual inside a vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed inventions as disclosed by Every with information about the generation of different tones as taught by Bastyr, with a reasonable expectation of success, to produce simulated vehicle sounds that are audible outside/external to the vehicle 100 and to occupants inside of the vehicle 100 (Col. 4, line 64-66)).
Every does not disclose,
A perception of acceleration less than an actual acceleration of the vehicle when the vehicle is accelerating.
Wang teaches,
a perception of acceleration less than an actual acceleration of the vehicle when the vehicle is accelerating (see at least [Col 16, Line 23] an inverse characteristic of a sound filed characteristic of the vehicle compartment is reflected, whereby during acceleration, it is possible to realize the generation of smooth sound effect at the position of the vehicle occupant's ear.)
Thus, Every discloses a system and method for synthesizing Shepard tones for a vehicle and Wang teaches a similar tone synthesis for a vehicle that modulates the sound effect generation during acceleration.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with a perception of acceleration less than an actual acceleration of the vehicle when the vehicle is accelerating as taught by Wang, with a reasonable expectation of success, so that a sense of comfort during driving operations can be obtained (see at least Col 1, Line 55-56]).
As per Claim 4 and 13,
Every discloses,
wherein the selected first Shepard tone is determined via the processor such that a first perception of deceleration for the vehicle is provided for the first individual outside the vehicle that is greater than or less than an actual deceleration of the vehicle when the vehicle is accelerating
and
the selected second Shepard tone is determined via the processor such that a second perception of deceleration for the vehicle is provided for the second individual inside the vehicle that is greater than or less than an actual deceleration of the vehicle when the vehicle is accelerating ( See at least [Col 3, Line 9-13] the tone parameter 110 associated with pitch of the Shepard tone generator 106 may be modified to decrease the pitch of the Shepard's tone responsive to the vehicle operation data signal 102 associated with decreasing vehicle velocity, and [ Col. 2, Line 9 – 11] Playback may increase, decrease, or hold pitch, depending on the RPM and/or other vehicle operational data signal).
Every does not disclose,
based on a first intended action for the first individual to perform and
based on a second intended action for the second individual to perform
Bastyr teaches,
based on a first intended action for the first individual to perform ( see at least [Col. 4, line 67 – Col. 5, line the external speakers may mask the suspension and other noises of the vehicle for external listeners and/or provide a high quality sonic impression. The sound output by the external speakers may also function as a pedestrian alerting system.)
based on a second intended action for the second individual to perform (see at least [Col. 3, line 55-57] The cabin speakers may be driven to produce sounds optimized for occupants of the vehicle (e.g., toward an interior of the vehicle), and [Col. 8, line 17-29] by modulating different frequency ranges of a synthetic sound signal differently, unwanted vehicle noises may continue to be masked (e.g., with unmodulated low frequency portions of the synthetic sound) while an occupant of the vehicle perceives synthetic sounds that change with vehicle operating parameters (e.g., vehicle speed) similarly to sounds in vehicles with combustion engines. Other examples of vehicle operating parameters that may be used to control the sound characteristics of the first frequency range include engine speed/RPM, accelerator pedal input, shaft speed, vehicle speed, engine torque, ambient noise, and/or other parameters
Thus, Every discloses a method of generating Shepard tones and Bastyr teaches determining and generating different interior and exterior sounds based on first individual our side a vehicle and second individual inside a vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed inventions as disclosed by Every with information about the generation of different tones as taught by Bastyr, with a reasonable expectation of success, to produce simulated vehicle sounds that are audible outside/external to the vehicle 100 and to occupants inside of the vehicle 100 (Col. 4, line 64-66)).
Every does not disclose,
a perception of deceleration less than an actual deceleration of the vehicle when the vehicle is decelerating.
Wang teaches,
a perception of deceleration less than an actual deceleration of the vehicle when the vehicle is decelerating (see at least [Col 16, Line 23] an inverse characteristic of a sound filed characteristic of the vehicle compartment is reflected, whereby during acceleration, it is possible to realize the generation of smooth sound effect at the position of the vehicle occupant's ear.)
Thus, Every discloses a system and method for synthesizing Shepard tones for a vehicle and Wang teaches a similar tone synthesis for a vehicle that modulates the sound effect generation during deceleration.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with a perception of deceleration less than an actual deceleration of the vehicle when the vehicle is decelerating as taught by Wang, with a reasonable expectation of success, so that a sense of comfort during driving operations can be obtained (see at least Col 1, Line 55-56]).
As per Claim 19,
Every discloses,
A vehicle comprising (see at least [Col. 8, Line 9] A vehicle comprising).
one or more sensors disposed on or within the body and configured to obtain sensor data for the vehicle including as to an acceleration or deceleration of the vehicle(see at least see at least [Col. 2, line 23-28] One or more vehicle parameters may be readily available in real-time on a vehicle bus such as Controller Area Network (CAN bus), or derived from external sensors such as, for example, accelerometers, [Col 8, Line 10-11] a receiver configured to receive one or more vehicle operational data signals from the vehicle, and [Col. 8, Line 15-17] a Shepard tone generator configured to generate a Shepard tone responsive to the modified one or more tone parameters).
one or more exterior speakers disposed on or within the body and configured to provide a sound for the vehicle, one or more interior speakers disposed on or within the body and configured to provide an interior sound for the vehicle, (see at least [Col. 3, line 47-51] The output of the Shepard tone generator 106 and/or the audio post processing 108 may be reproduced in the one or more audio transducers 112. The one or more audio transducers 112 may be located in any one or more locations including inside a vehicle and outside the vehicle. [Col 8, Line 18-22] an audio post processor configured to render an audio post-processing parameter in response to the audio post processor's processing of the Shepard tone; and a reproducer configured to reproduce the Shepard tone using one or more audio transducers, ).
a processor that is disposed within the body, that is coupled to the one or more sensors and to the one or more speakers, and that is configured to at least facilitate (see at least [Col. 8, Line 25-27] where the signal processor is further configured to modify the audio post-processing parameter when a vehicle operating condition is detected).
providing instructions to the one or more exterior speakers to provide the exterior sound for the vehicle using the selected first Shepard tone; and providing instructions to the one or more interior speakers to provide the interior sound for the vehicle, different from the exterior sound, using the selected second Shepard tone (see at least [Col. 8, Line 22-23] a reproducer configured to reproduce the Shepard tone using one or more audio transducers).
Every does not disclose,
determining a first selected Shepard tone for the exterior sound to be provided for the vehicle via the one or more exterior speakers based on the sensor data and
determining a second selected Shepard tone for the interior sound to be provided for the vehicle via the one or more interior speakers based on the sensor data
providing instructions to the one or more exterior speakers to provide the exterior sound for the vehicle using the selected first Shepard tone; and
providing instructions to the one or more interior speakers to provide the interior sound for the vehicle, different from the exterior sound, using the selected second Shepard tone
Bastyr teaches,
determining a first selected Shepard tone for the exterior sound to be provided for the vehicle via the one or more exterior speakers based on the sensor data ( see at least Fig. 1, Fig. 9, [Col. 4, line 67-Col. 5, line 4] the external speakers may mask the suspension and other noises of the vehicle for external listeners and/or provide a high quality sonic impression. The sound output by the external speakers may also function as a pedestrian alerting system, and [Col. 8, line 65-67] The portion of the sound signal with the changes in modulation based on vehicle operating parameters may simulate an increase in vehicle speed)
determining a second selected Shepard tone for the interior sound to be provided for the vehicle via the one or more interior speakers based on the sensor data
(see at least [Col.4, line 15-19] Occupants of an electric vehicle may desire to experience sounds associated with an internal combustion engine or other sound effects (e.g., other simulated engine sounds with any type of character), and [Col. 8, line 65-67] The portion of the sound signal with the changes in modulation based on vehicle operating parameters may simulate an increase in vehicle speed
providing instructions to the one or more exterior speakers to provide the exterior sound for the vehicle using the selected first Shepard tone; (see at least [Col. 4, line 25-28] The SVSG system 102 may be configured to simulate sounds associated with a vehicle being driven by a combustion engine, such as a jet, motorboat, rocket, or other vehicle type, and [Col. 4, line 49-51] The sounds discussed herein may be produced through one or more of the speakers 105 present throughout the vehicle 100.)
providing instructions to the one or more interior speakers to provide the interior sound for the vehicle, different from the exterior sound, using the selected second Shepard tone (see at least [Col. 5, line 4-6] each individual speaker 105 may be driven individually (e.g., with different audio signals from one another), [Col. 14, line 21-24] For example, the first synthetic sound signal may represent a simulated combustion engine while the second synthetic sound signal may represent a white noise sound).
Thus, Every discloses a method of generating Shepard tones and Bastyr teaches determining and generating different interior and exterior sounds based on acceleration or deceleration of a vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed inventions as disclosed by Every with information about the generation of different tones as taught by Bastyr, with a reasonable expectation of success, to produce simulated vehicle sounds that are audible outside/external to the vehicle 100 and to occupants inside of the vehicle 100 (Col. 4, line 64-66)).
Every does not disclose,
a body and a drive system configured to generate movement of the body.
Wang teaches,
a vehicle comprising a body and a drive system configured to generate movement of the body (see at least [Col. 5, line 26-30] The vehicle 12 is an electric vehicle including a fuel cell vehicle, a hybrid vehicle, or the like (which may be an automatically driven vehicle in addition to a manually driven vehicle), and is equipped with a motor 100 as a drive source for vehicle wheels (driven wheels) 102, and [Col 18, Line 8-10] An active sound effect generating device installed in a vehicle equipped with an electric motor as a drive source for the vehicle).
Thus, Every discloses a vehicle having speakers capable of producing a Shepard tone and Wang teaches a similar vehicle with a body and a drive system.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with a body and a drive system configured to generate movement of the body taught by Wang, with a reasonable expectation of success, so as to maintain a high level of realism (a natural feeling) as automotive running sounds, even if the sound effects, which are generate in accordance with an increase in the vehicle velocity, occur within a high velocity region (see at least Wang [Col 2, Line 52-55]).
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Every in view of Bastyr as per Claim 1, and further in view of Wang and Schmierer US 11537358 (“Schmierer”).
As per Claim 6,
Every discloses,
further comprising determining, via the processor, a mode of operation for the vehicle using the sensor data (see at least [Col. 5, Line 25-32] While various embodiments of the system and method of this specification have been described herein with reference to synthesizing an engine sound, those of ordinary skill in the art will understand that the inventive system and method are not limited to generating engine sounds but may be used to generate sounds that provide the simulate or provide the illusion of operation of various types of mechanical systems and mechanisms, [Col 2., Line 21-26] Vehicle parameters such as throttle position, engine load, acceleration and vehicle speed may also be used as inputs to a Shepard's tone engine synthesizer. One or more vehicle parameters may be readily available in real time on a vehicle bus such as Controller Area Network (CAN bus), and [Col 2, Line 41-52] The one or more vehicle operational data signals 102 may include, for example, any one or more of motor rotational speed (e.g. RPM), vehicle acceleration, vehicle velocity, motor load, throttle position, gearbox (e.g. transmission) gear selection and engine power settings. One or more vehicle operational data signals 102 may be readily available in real-time on a vehicle bus including a Controller Area Network (CAN bus) and/or a MOST (Media Oriented Systems Transport) bus, or derived from one or more external sensors such as, for example, accelerometers and tachometers).
wherein the step of determining the selected Shepard tone comprises determining, via the processor, the selected first Shepard tone for the exterior sound to be provided for the vehicle based on the mode of operation of the vehicle (see at least Col 5. Line 61 -65] The method for synthesizing an engine sound of claim 1, where the one or more vehicle operational data signals comprises one or more of a motor rotational speed, the vehicle's acceleration, the vehicle's velocity, a motor load, a throttle position and a plurality of power settings.
and wherein a different selected second Shepard tone is selected based on whether the mode of operation comprises the sport mode of operation versus the standard mode of operation (see at least Col 2, Line 19-27] Additional vehicle parameters, or vehicle operational data signals, may be utilized to modify the parameters of the Shepard’s tone. Vehicle parameters such as throttle position, engine load, acceleration and vehicle speed may also be used as inputs to a Shepard's tone engine synthesizer. One or more vehicle parameters may be readily available in real time on a vehicle bus such as Controller Area Network (CAN bus) or derived from external sensors such as, for example accelerometers).
Every does not disclose,
a second perception of acceleration for the vehicle is provided for the second individual inside the vehicle that is greater than an actual acceleration of the vehicle when the vehicle is accelerating, and a second perception of deceleration for the vehicle is provided for the second individual inside the vehicle that is greater than an deceleration of the vehicle when the vehicle is decelerating.
the second perception of acceleration for the vehicle is provided for the second individual inside the vehicle that is equal to the actual acceleration of the vehicle when the vehicle is accelerating, and the second perception of deceleration for the vehicle is provided for the second individual inside the vehicle that is equal to the deceleration of the vehicle when the vehicle is decelerating.
Wang teaches,
a second perception of acceleration for the vehicle is provided for the second individual inside the vehicle that is greater than an actual acceleration of the vehicle when the vehicle is accelerating, and a second perception of deceleration for the vehicle is provided for the second individual inside the vehicle that is greater than an deceleration of the vehicle when the vehicle is decelerating.
the second perception of acceleration for the vehicle is provided for the second individual inside the vehicle that is equal to the actual acceleration of the vehicle when the vehicle is accelerating, and the second perception of deceleration for the vehicle is provided for the second individual inside the vehicle that is equal to the deceleration of the vehicle when the vehicle is decelerating (see at least [Col. 16, Line 23-25] An inverse characteristic of a sound filed characteristic of the vehicle compartment is reflected, whereby during acceleration, it is possible to realize the generation of smooth sound effect at the position of the vehicle occupant's ear).
Thus, Every discloses a system and method for synthesizing Shepard tones for a vehicle and Wang teaches a similar tone synthesis for a vehicle that modulates the sound effect generation where the perception of acceleration for the vehicle is provided that is greater than or less than the actual acceleration.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with a perception of deceleration for the vehicle is provided that is less than or greater than an actual deceleration of the vehicle when the vehicle is decelerating as taught by Wang, with a reasonable expectation of success, so that a sense of comfort during driving operations can be obtained (see at least Col 1, Line 55-56]).
Every does not disclose,
wherein the mode of operation comprises either a standard mode of operation or a sport mode of operation for the vehicle.
Schmierer teaches,
wherein the mode of operation comprises either a standard mode of operation or a sport mode of operation for the vehicle (see at least [Col. 3, Line 13-15] leverage vehicle operating data, event data, and/or driver inputs to generate a corresponding sound or sounds in response, [Col. 3, line 19-23] the generated sounds may reflect the performance of the vehicle in a driving situation, such as acceleration, deceleration, braking, turning, idling, shifting gears, cruising, and the like, and/or correspond to specific events, such as raising or lowering a window, [Col. 3, Line 23-26] the generated sounds may vary with the selection of a vehicle driving mode, such as sport, eco, comfort, autonomous, semi-autonomous, and the like, [Col. 5, line 43-48] the vehicle motor speed as determined by a tachometer sensor of the vehicle 105 may be translated to or used to generate sound parameter data that correspondingly adjusts the pitch and volume of a musical arrangement relative to the vehicle motor speed, where a higher motor speed may correspond to a higher pitch and higher volume than a lower motor speed. , and [Col. 6, line 53-61] the vehicle may be configured to provide localized audio to one or more passengers via speakers in the headrests and sensors to detect occupancy, for example. The sound could be deployed depending on individual passenger preferences; e.g., if the driver wants to experience a “Sport Mode” engine sound, another passenger could still simultaneously experience a “Quiet Mode” engine sound, or a completely different sound altogether, such as a symphonic overture.).
Thus, Every discloses one or more vehicle operational data signals 102 may be readily available in real-time on a vehicle bus including a Controller Area Network (CAN bus) and/or a MOST (Media Oriented Systems Transport) bus, or derived from one or more external sensors, Bastyr teaches determining and generating different interior and exterior sounds, and Schmierer teaches generating sound based upon vehicle driving mode, sport, eco, and the like.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with the teaching of Schmierer, with a reasonable expectation of success, to vary the sound generated based on driving mode to deliver an emotionally-rich driving experience [see at least Schmierer, Col. 3, Line 32].
Claims 7, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Every in view of Bastyr as per Claim 1, and further in view of Schmierer.
As per Claim 7 and 16,
Every discloses,
determining, via the processor, a mode of operation for the vehicle using the sensor data, (see at least [Col. 2, Line 19-27] Additional vehicle parameters, or vehicle operational data signals, may be utilized to modify the parameters of the Shepard’s tone. Vehicle parameters such as throttle position, engine load, acceleration and vehicle speed may also be used as inputs to a Shepard's tone engine synthesizer. One or more vehicle parameters may be readily available in real time on a vehicle bus such as Controller Area Network (CAN bus), or derived from external sensors such as, for example, accelerometers, and [Col 2, Line 41-52] The one or more vehicle operational data signals 102 may include, for example, any one or more of motor rotational speed (e.g. RPM), vehicle acceleration, vehicle velocity, motor load, throttle position, gearbox (e.g. transmission) gear selection and engine power settings. One or more vehicle operational data signals 102 may be readily available in real-time on a vehicle bus including a Controller Area Network (CAN bus) and/or a MOST (Media Oriented Systems Transport) bus, or derived from one or more external sensors such as, for example, accelerometers and tachometers).
wherein the step of determining the first selected Shepard tone and second Shepard tone comprises determining, via the processor, the selected first Shepard tone and second Shepard tone for the exterior and interior sounds to be provided for the vehicle based on the mode of operation of the vehicle (see at least see at least Col 2, Line 23-26] One or more vehicle parameters may be readily available in real time on a vehicle bus such as Controller Area Network (CAN bus), [Col 2, Line 53-57] The operational data signal processor 104 may utilize the one or more vehicle operational data signals 102 to modify one or more tone parameters 110 associated with the Shepard tone generator 106 responsive to the one more vehicle operational data signals 102, and [Col. 5, Line 61-65] The method for synthesizing an engine sound of claim 1, where the one or more vehicle operational data signals comprises one or more of a motor rotational speed, the vehicle's acceleration, the vehicle's velocity, a motor load, a throttle position and a plurality of power settings).
and wherein different selected first and second Shepard tones are selected based on whether the mode of operation comprises the autonomous mode of operation versus the manual mode of operation.(see at least [Col 5, Line 25 – 32] While various embodiments of the system and method of this specification have been described herein with reference to synthesizing an engine sound, those of ordinary skill in the art will understand that the inventive system and method are not limited to generating engine sounds but may be used to generate sounds that provide the simulate or provide the illusion of operation of various types of mechanical systems and mechanisms).
Every does not disclose,
wherein the mode of operation comprises either an autonomous mode of operation or a manual mode of operation for the vehicle.
Schmierer teaches,
wherein the mode of operation comprises either an autonomous mode of operation or a manual mode of operation for the vehicle (see at least [Col. 3, Line 13-15] leverage vehicle operating data, event data, and/or driver inputs to generate a corresponding sound or sounds in response, and [Col. 3, Line 23-26] the generated sounds may vary with the selection of a vehicle driving mode, such as sport, eco, comfort, autonomous, semi-autonomous, and the like).
Thus, Every discloses one or more vehicle operational data signals 102 may be readily available in real-time on a vehicle bus including a Controller Area Network (CAN bus) and/or a MOST (Media Oriented Systems Transport) bus, or derived from one or more external sensors, Bastyr teaches determining and generating different interior and exterior sounds and Schmierer teaches generating sound based upon vehicle driving mode, autonomous, semi-autonomous, or the like.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with the teaching of Schmierer, with a reasonable expectation of success, to vary the sound generated based on driving mode to deliver an emotionally-rich driving experience [see at least Schmierer, Col. 3, Line 32].
As per Claim 15,
Every discloses,
wherein the processor is further configured to at least facilitate determining a mode of operation for the vehicle using the sensor data (see at least [Col 2, Line 19-27] Additional vehicle parameters, or vehicle operational data signals, may be utilized to modify the parameters of the Shepard’s tone. Vehicle parameters such as throttle position, engine load, acceleration and vehicle speed may also be used as inputs to a Shepard's tone engine synthesizer. One or more vehicle parameters may be readily available in real time on a vehicle bus such as Controller Area Network (CAN bus), or derived from external sensors such as, for example, accelerometers, and [Col 2, Line 41-52] The one or more vehicle operational data signals 102 may include, for example, any one or more of motor rotational speed (e.g. RPM), vehicle acceleration, vehicle velocity, motor load, throttle position, gearbox (e.g. transmission) gear selection and engine power settings. One or more vehicle operational data signals 102 may be readily available in real-time on a vehicle bus including a Controller Area Network (CAN bus) and/or a MOST (Media Oriented Systems Transport) bus, or derived from one or more external sensors such as, for example, accelerometers and tachometers).
Determining the selected first and second Shepard tones for the exterior and interior sounds to be provided for the vehicle based on the mode of operation of the vehicle (see at least Col 2, Line 23-26] One or more vehicle parameters may be readily available in real time on a vehicle bus such as Controller Area Network (CAN bus), [Col 2, Line 48-57] The operational data signal processor 104 may utilize the one or more vehicle operational data signals 102 to modify one or more tone parameters 110 associated with the Shepard tone generator 106 responsive to the one more vehicle operational data signals 102, and [Col 5, Line 61 – 65] The method for synthesizing an engine sound of claim 1, where the one or more vehicle operational data signals comprises one or more of a motor rotational speed, the vehicle's acceleration, the vehicle's velocity, a motor load, a throttle position and a plurality of power settings).
wherein a different selected Shepard tone is selected based on mode of operation (see at least [Col 5, line 25- 32 ] While various embodiments of the system and method of this specification have been described herein with reference to synthesizing an engine sound, those of ordinary skill in the art will understand that the inventive system and method are not limited to generating engine sounds but may be used to generate sounds that provide the simulate or provide the illusion of operation of various types of mechanical systems and mechanisms).
Every does not disclose,
wherein the mode of operation comprises either a standard mode of operation or a sport mode of operation for the vehicle.
Schmierer teaches,
wherein the mode of operation comprises either a standard mode of operation or a sport mode of operation for the vehicle (see at least [Col. 3, Line 13-15] leverage vehicle operating data, event data, and/or driver inputs to generate a corresponding sound or sounds in response, and [Col. 3, Line 23-26] the generated sounds may vary with the selection of a vehicle driving mode, such as sport, eco, comfort, autonomous, semi-autonomous, and the like).
Thus, Every discloses one or more vehicle operational data signals 102 may be readily available in real-time on a vehicle bus including a Controller Area Network (CAN bus) and/or a MOST (Media Oriented Systems Transport) bus, or derived from one or more external sensors, Bastyr teaches determining and generating different interior and exterior sounds and Schmierer teaches generating sound based upon vehicle driving mode, sport, eco, and the like.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with the teaching of Schmierer, with a reasonable expectation of success, to vary the sound generated based on driving mode to deliver an emotionally-rich driving experience [see at least Schmierer, Col. 3, Line 32].
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Every in view of Bastyr as per Claim 1, and further in view of Seneger et. al. US 12,145,595 (“Seneger”).
As per Claim 9 and 18,
Every does not disclose,
the step of obtaining the sensor data comprises obtaining the sensor data as to one or more conditions of caution surrounding the vehicle, including a construction zone, a school zone, or an approaching ambulance and wherein the step of determining the selected first Shepard tone and second Shepard tone for the exterior and interior sound be provided for the vehicle based on the one or more conditions of caution surrounding the vehicle.
Seneger teaches,
the step of obtaining the sensor data comprises obtaining the sensor data as to one or more conditions of caution surrounding the vehicle, including a construction zone, a school zone, or an approaching ambulance (see at least [Col 14, Line 62-67] A method, comprising: gathering input data related to one or more of an environmental context surrounding or within a vehicle, an occupant state within the vehicle, a vehicle state, a location of the vehicle, and a noise condition inside or outside of the vehicle using a data input device coupled to the vehicle, and [Col 6, Line 15-19] if the external camera (s) 12 and/or interior microphone(s) 16 identify and emergency situation via lights, sirens, and/or the sound of an impact event, the music volume may be turned down or the music stopped, such that driver attention is prompted.)
and
wherein the step of determining the selected first Shepard tone and second Shepard tone for the exterior and interior sound be provided for the vehicle based on the one or more conditions of caution surrounding the vehicle (see at least [Col 15, Line 1- 11] generating a sound qualifier based on the gathered input data related to the one or more of the environmental context surrounding or within the vehicle, the occupant state within the vehicle, the vehicle state, and the noise condition inside or outside of the vehicle using an artificial intelligence system coupled to the data input device, wherein the sound qualifier is based on the gathered input data related to the one or more of the environmental context surrounding the vehicle or the noise condition outside the vehicle and indicates an object).
Thus, Every discloses a method of generating Shepard tones, Bastyr teaches determining and generating different interior and exterior sounds and Seneger teaches the limitation of detecting conditions of caution surrounding the vehicle and producing a sound based upon the condition of caution.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with the step of obtaining the sensor data comprises and determining the selected first and second Shepard tone as taught by Seneger, with a reasonable expectation of success, to identify an emergency situation via lights, sirens, and/or the sound of an impact, the music volume may be turned down or the music stopped, such that driver attention is prompted (see at least [col 6, Line 16-19]).
Claims 21 is rejected under 35 U.S.C. 103 as being unpatentable over Every in view of Bastyr as per Claim 1, and further in view of Wang.
As per Claim 21,
Every discloses,
wherein the selected first Shepard tone is determined via the processor
Every does not discloses,
such that a first perception of deceleration for the vehicle is provided for a pedestrian outside the vehicle that is less than an actual deceleration of the vehicle when the vehicle is decelerating, thereby providing a feeling of safety for the first individual outside the vehicle
Wang teaches,
wherein the selected first Shepard tone is determined such that a first perception of deceleration for the vehicle is provided for a pedestrian outside the vehicle that is less than an actual deceleration of the vehicle when the vehicle is decelerating, thereby providing a feeling of safety for the first individual outside the vehicle (see at least [Col 2, Line 47-50] it is possible to generate acceleration sound effects that do not produce a feeling of discomfort in accordance with the vehicle velocity and the vehicle acceleration).
Thus, Every discloses the steps of determining a tone and providing a tone that has a pleasant perception and Wang teaches generating sound effects that do not produce a feeling of discomfort.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with a tone that provides comfort for one or more passengers inside the vehicle, and provides comfort for one or more pedestrians outside the vehicle as taught by Wang, with a reasonable expectation of success, so that the sound effects can be switched smoothly, naturally, and without a sense of discomfort (see at least Wang [Col. 17, Line 12-14]).
Claims 22 is rejected under 35 U.S.C. 103 as being unpatentable over Every in view of Bartyr, and further in view of Wang.
As per Claim 22,
Every discloses,
the selected second Shepard tone is determined via the processor (see at least [Col 3, line 9 – 14] the tone parameter 110 associated with pitch of the Shepard tone generator 106 may be modified to decrease the pitch of the Shepard's tone responsive to the vehicle operation data signal 102 associated with decreasing vehicle)
and
such that the driver is provided with an illusion that the velocity of the vehicle is increasing, to thereby encourage the driver to slow the vehicle (see at least [Col. 2, line 1-11] Shepard's tone may be utilized to create an engine sound that is not stepped up or down with gears, varies continuously with the engine, and yet maintains a comfortable pitch range for a driver. The Shepard's tone may be responsive to a continuously changing RPM from an electric motor to create an acceptable pitch range for an engine sound inside or outside the vehicle. The created sound may provide the illusion of automatically “change gears” without the change being conscious to a listener. Playback may increase, decrease, or hold pitch, depending on the RPM and/or other vehicle operational data signals, and [Col. 5, line 28-32] the inventive system and method are not limited to generating engine sounds but may be used to generate sounds that provide the simulate or provide the illusion of operation of various types of mechanical systems and mechanisms.
Every does not disclose,
such that a first perception of velocity for the vehicle is provided for a driver inside the vehicle that is greater than an actual velocity of the vehicle as the vehicle encounters the conditions of caution surrounding the vehicle,
Wang teaches,
such that a first perception of velocity for the vehicle is provided for a driver inside the vehicle that is greater than an actual velocity of the vehicle as the vehicle encounters the conditions of caution surrounding the vehicle (see at least [Col 16, Line 23-25] an inverse characteristic of a sound filed characteristic of the vehicle compartment is reflected, whereby during acceleration, it is possible to realize the generation of smooth sound effect at the position of the vehicle occupant's ear.)
Thus, Every discloses a system and method for synthesizing Shepard tones for a vehicle and Wang teaches a similar tone synthesis for a vehicle that modulates the sound effect generation during acceleration.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with a perception of acceleration less than an actual acceleration of the vehicle when the vehicle is accelerating as taught by Wang, with a reasonable expectation of success, so that a sense of comfort during driving operations can be obtained (see at least Col 1, Line 55-56]).
Claims 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Every in view of Bartyr, and further in view of Wang and Janampally et. al. US 10841698 (“Janampally”)
As for Claim 23,
Every discloses,
the selected second Shepard tone is determined via the processor (see at least [Col 3, line 9 – 14] the tone parameter 110 associated with pitch of the Shepard tone generator 106 may be modified to decrease the pitch of the Shepard's tone responsive to the vehicle operation data signal 102 associated with decreasing vehicle)
and
such that the driver is provided with an illusion that the velocity of the vehicle is increasing, to thereby encourage the driver to slow the vehicle (see at least [Col. 2, line 1-11] Shepard's tone may be utilized to create an engine sound that is not stepped up or down with gears, varies continuously with the engine, and yet maintains a comfortable pitch range for a driver. The Shepard's tone may be responsive to a continuously changing RPM from an electric motor to create an acceptable pitch range for an engine sound inside or outside the vehicle. The created sound may provide the illusion of automatically “change gears” without the change being conscious to a listener. Playback may increase, decrease, or hold pitch, depending on the RPM and/or other vehicle operational data signals, and [Col. 5, line 28-32] the inventive system and method are not limited to generating engine sounds but may be used to generate sounds that provide the simulate or provide the illusion of operation of various types of mechanical systems and mechanisms).
Every does not disclose,
such that a first perception of velocity for the vehicle is provided for a driver inside the vehicle that is greater than an actual velocity of the vehicle
Wang teaches,
such that a first perception of velocity for the vehicle is provided for a driver inside the vehicle that is greater than an actual velocity of the vehicle as the vehicle encounters the conditions of caution surrounding the vehicle (see at least [Col 16, Line 23-25] an inverse characteristic of a sound filed characteristic of the vehicle compartment is reflected, whereby during acceleration, it is possible to realize the generation of smooth sound effect at the position of the vehicle occupant's ear.)
Thus, Every discloses a system and method for synthesizing Shepard tones for a vehicle and Wang teaches a similar tone synthesis for a vehicle that modulates the sound effect generation during acceleration.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with a perception of acceleration less than an actual acceleration of the vehicle when the vehicle is accelerating as taught by Wang, with a reasonable expectation of success, so that a sense of comfort during driving operations can be obtained (see at least Col 1, Line 55-56]).
Every does not disclose,
as the vehicle encounters a construction zone,
Janampally teaches,
Changing the audio based on the surrounding environment data and areas of interest as the vehicle encounters a construction zone (see at least [0021] For example, the sensor array 104 may obtain environmental data that may include data of surrounding objects such as mobility impaired individual 108, pedestrian 110 and other vehicle 112, [0034] the audio controller 116 may receive a communication through the V2X network 120 that identifies the source (e.g., ambulance) of the detected ambient noise, and sets the identified source as the source characteristic. The audio controller 116 may adjust characteristics of sounds 1 and 2 accordingly [0038] Based on the location, the audio controller 116 may identify particular areas of interest (e.g., construction sites, crosswalks, school zones, traffic lights, intersections, parking lots, etc.) that are proximate to the location by accessing a map (e.g., an online map or one locally stored). The audio controller 116 may modify one or more characteristics of sound 1 based on the particular areas of interest. For example, if a construction site is determined to be nearby, the sound level of sound 1 may be increased, and [0039] The audio controller 116 may further be configured to identify particular areas of interest (e.g., construction sites, crosswalks, school zones, traffic lights, intersections, parking lots, etc.) based on image data. The audio controller 116 may modify one or more characteristics of sound 1 based on the particular areas of interest as described above.)
Thus, Every discloses a system and method for synthesizing Shepard tones for a vehicle and Janamapally teaches the adjustment of characteristics of sounds 1 and 2 based on the environment.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with a adjustment of characteristics of audio based on the environment as taught by Janamapally, with a reasonable expectation of success, to make the presence of vehicle 102 known, enhance safety and enhance driving perception of a driver of the vehicle 102 (25).
As for Claim 24,
Every discloses,
the selected second Shepard tone is determined via the processor (see at least [Col 3, line 9 – 14] the tone parameter 110 associated with pitch of the Shepard tone generator 106 may be modified to decrease the pitch of the Shepard's tone responsive to the vehicle operation data signal 102 associated with decreasing vehicle)
and
such that the driver is provided with an illusion that the velocity of the vehicle is increasing, to thereby encourage the driver to slow the vehicle (see at least [Col. 2, line 1-11] Shepard's tone may be utilized to create an engine sound that is not stepped up or down with gears, varies continuously with the engine, and yet maintains a comfortable pitch range for a driver. The Shepard's tone may be responsive to a continuously changing RPM from an electric motor to create an acceptable pitch range for an engine sound inside or outside the vehicle. The created sound may provide the illusion of automatically “change gears” without the change being conscious to a listener. Playback may increase, decrease, or hold pitch, depending on the RPM and/or other vehicle operational data signals, and [Col. 5, line 28-32] the inventive system and method are not limited to generating engine sounds but may be used to generate sounds that provide the simulate or provide the illusion of operation of various types of mechanical systems and mechanisms).
Every does not disclose,
such that a first perception of velocity for the vehicle is provided for a driver inside the vehicle that is greater than an actual velocity of the vehicle
Wang teaches,
such that a first perception of velocity for the vehicle is provided for a driver inside the vehicle that is greater than an actual velocity of the vehicle as the vehicle encounters the conditions of caution surrounding the vehicle (see at least [Col 16, Line 23-25] an inverse characteristic of a sound filed characteristic of the vehicle compartment is reflected, whereby during acceleration, it is possible to realize the generation of smooth sound effect at the position of the vehicle occupant's ear).
Thus, Every discloses a system and method for synthesizing Shepard tones for a vehicle and Wang teaches a similar tone synthesis for a vehicle that modulates the sound effect generation during acceleration.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with a perception of acceleration less than an actual acceleration of the vehicle when the vehicle is accelerating as taught by Wang, with a reasonable expectation of success, so that a sense of comfort during driving operations can be obtained (see at least Col 1, Line 55-56]).
Every does not disclose,
as the vehicle encounters a school zone,
Janampally teaches,
Changing the audio based on the surrounding environment data and areas of interest as the vehicle encounters a school zone (see at least [0021] For example, the sensor array 104 may obtain environmental data that may include data of surrounding objects such as mobility impaired individual 108, pedestrian 110 and other vehicle 112, [0034] the audio controller 116 may receive a communication through the V2X network 120 that identifies the source (e.g., ambulance) of the detected ambient noise, and sets the identified source as the source characteristic. The audio controller 116 may adjust characteristics of sounds 1 and 2 accordingly [0038] Based on the location, the audio controller 116 may identify particular areas of interest (e.g., construction sites, crosswalks, school zones, traffic lights, intersections, parking lots, etc.) that are proximate to the location by accessing a map (e.g., an online map or one locally stored). The audio controller 116 may modify one or more characteristics of sound 1 based on the particular areas of interest.. For example, if a construction site is determined to be nearby, the sound level of sound 1 may be increased, and [0039] The audio controller 116 may further be configured to identify particular areas of interest (e.g., construction sites, crosswalks, school zones, traffic lights, intersections, parking lots, etc.) based on image data. The audio controller 116 may modify one or more characteristics of sound 1 based on the particular areas of interest as described above.)
Thus, Every discloses a system and method for synthesizing Shepard tones for a vehicle and Janamapally teaches the adjustment of characteristics of sounds 1 and 2 based on the environment.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with a adjustment of characteristics of audio based on the environment as taught by Janamapally, with a reasonable expectation of success, to make the presence of vehicle 102 known, enhance safety and enhance driving perception of a driver of the vehicle 102 (25).
As for Claim 25,
Every discloses,
the selected second Shepard tone is determined via the processor (see at least [Col 3, line 9 – 14] the tone parameter 110 associated with pitch of the Shepard tone generator 106 may be modified to decrease the pitch of the Shepard's tone responsive to the vehicle operation data signal 102 associated with decreasing vehicle)
and
such that the driver is provided with an illusion that the velocity of the vehicle is increasing, to thereby encourage the driver to slow the vehicle (see at least [Col. 2, line 1-11] Shepard's tone may be utilized to create an engine sound that is not stepped up or down with gears, varies continuously with the engine, and yet maintains a comfortable pitch range for a driver. The Shepard's tone may be responsive to a continuously changing RPM from an electric motor to create an acceptable pitch range for an engine sound inside or outside the vehicle. The created sound may provide the illusion of automatically “change gears” without the change being conscious to a listener. Playback may increase, decrease, or hold pitch, depending on the RPM and/or other vehicle operational data signals, and [Col. 5, line 28-32] the inventive system and method are not limited to generating engine sounds but may be used to generate sounds that provide the simulate or provide the illusion of operation of various types of mechanical systems and mechanisms).
Every does not disclose,
such that a first perception of velocity for the vehicle is provided for a driver inside the vehicle that is greater than an actual velocity of the vehicle
Wang teaches,
such that a first perception of velocity for the vehicle is provided for a driver inside the vehicle that is greater than an actual velocity of the vehicle as the vehicle encounters the conditions of caution surrounding the vehicle (see at least [Col 16, Line 23-25] an inverse characteristic of a sound filed characteristic of the vehicle compartment is reflected, whereby during acceleration, it is possible to realize the generation of smooth sound effect at the position of the vehicle occupant's ear.)
Thus, Every discloses a system and method for synthesizing Shepard tones for a vehicle and Wang teaches a similar tone synthesis for a vehicle that modulates the sound effect generation during acceleration.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with a perception of acceleration less than an actual acceleration of the vehicle when the vehicle is accelerating as taught by Wang, with a reasonable expectation of success, so that a sense of comfort during driving operations can be obtained (see at least Col 1, Line 55-56]).
Every does not disclose,
as the vehicle encounters an approaching ambulance,
Janampally teaches,
Changing the audio based on the surrounding environment data and areas of interest as the vehicle encounters an approaching ambulance (see at least [0021] For example, the sensor array 104 may obtain environmental data that may include data of surrounding objects such as mobility impaired individual 108, pedestrian 110 and other vehicle 112, [0034] the audio controller 116 may receive a communication through the V2X network 120 that identifies the source (e.g., ambulance) of the detected ambient noise, and sets the identified source as the source characteristic. The audio controller 116 may adjust characteristics of sounds 1 and 2 accordingly [0038] Based on the location, the audio controller 116 may identify particular areas of interest (e.g., construction sites, crosswalks, school zones, traffic lights, intersections, parking lots, etc.) that are proximate to the location by accessing a map (e.g., an online map or one locally stored). The audio controller 116 may modify one or more characteristics of sound 1 based on the particular areas of interest.. For example, if a construction site is determined to be nearby, the sound level of sound 1 may be increased, and [0039] The audio controller 116 may further be configured to identify particular areas of interest (e.g., construction sites, crosswalks, school zones, traffic lights, intersections, parking lots, etc.) based on image data. The audio controller 116 may modify one or more characteristics of sound 1 based on the particular areas of interest as described above).
Thus, Every discloses a system and method for synthesizing Shepard tones for a vehicle and Janamapally teaches the adjustment of characteristics of sounds 1 and 2 based on the environment.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Every with a adjustment of characteristics of audio based on the environment as taught by Janamapally, with a reasonable expectation of success, to make the presence of vehicle 102 known, enhance safety and enhance driving perception of a driver of the vehicle 102 (25).
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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/A.P./Examiner, Art Unit 3668
/Thomas Ingram/Primary Examiner, Art Unit 3668
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