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 .
To expedite the prosecution of this application, Examiner is not restricting claim(s) 2-5, 7-9, 23-26, and 28-30. Claims 2 and 23 (Specie A) are directed to a specie independent of the claims 5 and 26 (Specie B); claims 3 and 24 (Specie C) are directed to a specie independent of the claims 4 and 25 (Specie D); claims 7 and 28 (Specie E) are directed to a specie independent of the claims 8, 9, 29, and 30 (Specie F), in this application. Further amendments to claim(s) 2-5, 7-9, 23-26, and 28-30 or their dependent claims may cause an undue burden at the US Patent Office, and if so, the claim(s) will be restricted in the subsequent office action under the statute 35 USC 121.
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10 recites, “wherein the determining of the first audible output volume is based on the indication of the user force imparted on the activator of the audible output…” However the preceding claim 1 has already established: “determining a first audible output volume based on the driving characteristic of the vehicle…” therefore, Applicant is requested to amend the claim 10 as following in an effort to overcome this objection: “wherein the determining of the first audible output volume is further based on the indication of the user force imparted on the activator of the audible output…”
Appropriate correction is required.
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) 1-9 and 22-30 are rejected under 35 U.S.C. 103 as being unpatentable over Brew (US 2018/0215311 A1) and further in view of Lisiak (US 6,271,746 B1).
Consider claim 1, Brew teaches, a method comprising:
Brew teaches, determining a driving characteristic of the vehicle in response to receiving an indication of a triggering of an activator of a horn of a vehicle at a first time, Brew teaches, “[t]he horn may be triggered when a user calls for the horn” See ¶ 0027, Brew teaches, “in step 101, a context of the vehicle is detected. The external context may include detection (e.g., image, audible, etc.) of an object (a pothole, another vehicle, a person, animal or other obstruction) within the range of one or more vehicle sensors.” See ¶ 0016, Brew teaches, “the context of the vehicle is related to one or more other factors: the environment of the vehicle: e.g., weather; day vs night; road conditions; geographic location such as rural vs. urban vs. Africa vs, United States; a current season (e.g., winter or summer); etc. Other contextual factors can be related to other vehicles (e.g. a vehicle detected in front of the subject vehicle is a truck, motorcycle, etc., having a certain estimated distance required for stopping; one or more passengers of the vehicle e.g., if a passenger is experiencing a medical emergency, etc.” See ¶ 0021;
Brew teaches, processing circuitry (16) (Brew teaches, “computer system/server 12 is shown in the form of a general-purpose computing circuit. The components of computer system/server 12 may include, but are not limited to, one or more processors or processing units 16, a system memory 28, and a bus 18 that operably couples various system components including system memory 28 to processor 16.” See ¶ 0062) determining an audible output tune based on the driving characteristic of the vehicle, Brew teaches, “a horn of the vehicle is controlled to take a differential honking action based on the context of a vehicle. For example, the differential honking action can include, for example, timbre of the honking including sound waveform, a frequency of the honking, a volume of the honking, an oscillation rate of the honking, a duration of the honking, an amplitude of the honking, a sustainment of the honking, a decay of the honking, a release of the honking, a speed of the onset (e.g. more vigilant and likely to honk faster if pedestrian appears to be distracted and looking at a smartphone),” See ¶ 0022;
processing circuitry (16) determining a first audible output volume based on the driving characteristic of the vehicle, Brew teaches, “a horn of the vehicle is controlled to take a differential honking action based on the context of a vehicle. For example, the differential honking action can include, for example, …a volume of the honking… an amplitude of the honking… (e.g. more vigilant and likely to honk faster if pedestrian appears to be distracted and looking at a smartphone),” See ¶ 0022, Brew teaches, “If the effectiveness is less than the threshold value, the horn honking action can be modified (i.e., such as increasing the volume, changing the type of horn honking action, etc.).” See ¶ 0023; and
processing circuitry (16) generating a first audible output for the vehicle according to the audible output tune and the first audible output volume, Brew teaches, “the differential honking action can include, for example, timbre (i.e. tone/tune) of the honking including sound waveform, a frequency of the honking, a volume of the honking, an oscillation rate (i.e. tune) of the honking, a duration of the honking (length), an amplitude of the honking, a sustainment of the honking, a decay of the honking, a release of the honking, … the mode of the honking is selected based on the context.” See ¶ 0022;
Although, it is obvious that the driving characteristic of the vehicle is determined in response to receiving a triggering a horn of a vehicle, Brew teaches, “[t]he horn may be triggered when a user calls for the horn” See ¶ 0027, Brew teaches, “a context of the vehicle is detected. The external context may include detection (e.g., image, audible, etc.) of an object (a pothole, another vehicle, a person, animal or other obstruction) within the range of one or more vehicle sensors.” See ¶ 0016, Brew teaches, “contextual factors can be related to other vehicles (e.g. a vehicle detected in front of the subject vehicle is a truck, motorcycle, etc., having a certain estimated distance required for stopping” See ¶ 0021; Brew does not explicitly states that the driving characteristic of the vehicle is determined in response to receiving a triggering a horn of a vehicle; nonetheless, in an analogous art, Lisiak teaches, “the device controls abuse of the horn upon activation by limiting the length of the sounding period of the horn, and subsequently locking out use of the horn for a predetermined controlled use period. Normal use of the horn is restored upon the end of the controlled use period. The device may be reactivated after the end of the controlled use period.” See Col. 3 line 51-56; Lisiak teaches, “the controlled use or lockout period may be activated, deactivated and reactivated by the speed of the vehicle, for example activation may occur whenever the speed of the vehicle falls below 8 miles per hour, and may end whenever the speed of the vehicle increases above 8 miles per hour. Alternatively, the controlled use or lockout period may be activated by use of the brakes, or by the attainment of a predetermined value on one or more detectors or sensors that may be installed on the vehicle. Exemplary sensors include motion sensors, vibration sensors, and acceleration sensors. The invention contemplates activation or ending of the controlled use or lockout period by a combination of any of the above described sensors or detectors.” See col. 4 lines 56-67.
It would have been obvious to one of ordinary skilled in the art at the time of invention (effective filing date for AIA application) to modify the invention of Brew and upon activation of the horn, use vehicle sensors to determine, for example, “speed of the vehicle,” “use of the brakes,” “or by the attainment of a predetermined value on one or more detectors or sensors that may be installed on the vehicle. Exemplary sensors include motion sensors, vibration sensors, and acceleration sensors,” as suggested by Lisiak in an effort to prevent the abuse of the use of horn by the driver.
Consider claim 2, the method of claim 1, further comprising: determining a first ambient condition external to the vehicle, Brew teaches, “the context of the vehicle is related to one or more other factors: the environment of the vehicle: e.g., weather; day vs night; road conditions; geographic location such as rural vs. urban vs. Africa vs, United States; a current season (e.g., winter or summer); etc.” See ¶ 0021; wherein the determining of the first audible output volume is further based on the first ambient condition, Brew teaches, “the differential honking action can include, for example, … a volume of the honking, … an amplitude of the honking, … the mode of the honking is selected based on the context.” See ¶ 0022.
Consider claim 3, the method of claim 2, wherein the first ambient condition comprises an indication of a time of day] a location of the vehicle, an ambient noise level, local noise norms or patterns, local vehicular audible output levels or patterns, or a local noise regulation, Brew teaches, “the context of the vehicle is related to one or more other factors: the environment of the vehicle: e.g., weather; day vs night; road conditions; geographic location such as rural vs. urban vs. Africa vs, United States; a current season (e.g., winter or summer); etc.” See ¶ 0021; Brew teaches, “in order to achieve different attention-getting effects, be in compliance with local noise ordinances, and/or even be more harmonious in an urban or rural location concerned with noise pollution.” See ¶ 0025; Brew teaches, “effectiveness of the horn honking action can be measured and then in step 102b compared with a predetermined threshold value. If the effectiveness is less than the threshold value, the horn honking action can be modified (i.e., such as increasing the volume, changing the type of horn honking action, etc.).” See ¶ 0023; Brew teaches, “volume of the honking may change depending on areas where animals are more likely to be, location, local regulations, time of day, season, etc.” See ¶ 0024.
Consider claim 4, the method of claim 2, wherein the first ambient condition comprises an indication of a weather condition, an ambient lighting condition, a traffic signal, a traffic sign, a traffic condition, an approaching vehicle condition, a proximal vehicle condition, a proximal pedestrian condition, or a distance of the vehicle to an object, Brew teaches, “the context of the vehicle is related to one or more other factors: the environment of the vehicle: e.g., weather; day vs night; road conditions; geographic location such as rural vs. urban vs. Africa vs, United States; a current season (e.g., winter or summer); etc.… having a certain estimated distance required for stopping” See ¶ 0021; Brew teaches, “a speed of the onset (e.g. more vigilant and likely to honk faster if pedestrian appears to be distracted and looking at a smartphone)” See ¶ 0022; Brew teaches, “volume of the honking may change depending on areas where animals are more likely to be, location, local regulations, time of day, season, etc.” See ¶ 0024.
Consider claim 5, the method of claim 1, further comprising: determining a first ambient condition external to the vehicle, wherein the determining of the audible output tune is further based on the first ambient condition, Brew teaches, “the differential honking action can include, for example, timbre (i.e. tone/tune) of the honking including sound waveform, a frequency of the honking, a volume of the honking, an oscillation rate (i.e. tune) of the honking, a duration of the honking (length), an amplitude of the honking, a sustainment of the honking, a decay of the honking, a release of the honking, … the mode of the honking is selected based on the context.” See ¶ 0022
Consider claim 6, the method of claim 1, wherein the vehicle driving characteristic comprises an indication of a speed of the vehicle, an acceleration of the vehicle, an acceleration pedal activation of the vehicle, a brake pedal activation of the vehicle, a brake activation of the vehicle, a brake locking of the vehicle, hydroplaning of the vehicle, tire traction of the vehicle, tire rotation speed of the vehicle, steered wheels turning status of the vehicle, a selected gear of the vehicle, a gear stick position of the vehicle, a tachometer reading of the vehicle, a steering wheel position of the vehicle, an airbag activation status of the vehicle, a swerving indication for the vehicle, a current stoppage time of the vehicle, or a position of the vehicle relative to another vehicle, Brew teaches, “contextual factors can be related to other vehicles (e.g. a vehicle detected in front of the subject vehicle is a truck, motorcycle, etc., having a certain estimated distance required for stopping” See ¶ 0021; Lisiak teaches, “the controlled use or lockout period may be activated, deactivated and reactivated by the speed of the vehicle, for example activation may occur whenever the speed of the vehicle falls below 8 miles per hour, and may end whenever the speed of the vehicle increases above 8 miles per hour. Alternatively, the controlled use or lockout period may be activated by use of the brakes, or by the attainment of a predetermined value on one or more detectors or sensors that may be installed on the vehicle. Exemplary sensors include motion sensors, vibration sensors, and acceleration sensors. The invention contemplates activation or ending of the controlled use or lockout period by a combination of any of the above described sensors or detectors.” See col. 4 lines 56-67.
Consider claim 7, the method of claim 1, further comprising:
determining a first ambient condition external to the vehicle, wherein the determining of the first audible output volume is further based on the first ambient condition, Brew teaches, “the differential honking action can include, for example, timbre (i.e. tone/tune) of the honking including sound waveform, a frequency of the honking, a volume of the honking, an oscillation rate (i.e. tune) of the honking, a duration of the honking (length), an amplitude of the honking, a sustainment of the honking, a decay of the honking, a release of the honking, … the mode of the honking is selected based on the context.” See ¶ 0022;
after the generating the first audible output for the vehicle, determining, at a second time subsequent to the first time, a second ambient condition external to the vehicle; in response to the determining the second ambient condition at the second time, selecting automatically, by the processing circuitry, a second audible output volume different from the first audible output volume; and generating a second audible output for the vehicle according to the second audible output volume, wherein the second audible output according to the second audible output volume is in further response to the indication at the first time of the triggering of the activator of the audible output of the vehicle, Brew teaches, “In step 102a, an effectiveness of the horn honking action can be measured and then in step 102b compared with a predetermined threshold value. If the effectiveness is less than the threshold value, the horn honking action can be modified (i.e., such as increasing the volume, changing the type of horn honking action, etc.). If the threshold value is met (i.e., the effectiveness is greater than the threshold value, the method proceeds to step 103.” See ¶ 0023
Consider claim 8, the method of claim 1, further comprising:
determining a first ambient condition external to the vehicle, wherein the determining of the first audible output volume is further based on the first ambient condition, Brew teaches, “the differential honking action can include, for example, timbre (i.e. tone/tune) of the honking including sound waveform, a frequency of the honking, a volume of the honking, an oscillation rate (i.e. tune) of the honking, a duration of the honking (length), an amplitude of the honking, a sustainment of the honking, a decay of the honking, a release of the honking, … the mode of the honking is selected based on the context.” See ¶ 0022;
after the generating the first audible output, determining, at a second time subsequent to the first time, a second ambient condition external to the vehicle, wherein the second ambient condition is the same as the first ambient condition; in response to the determining the second ambient condition, setting automatically by the processing circuitry, a second audible output volume different from the first audible output volume; and generating a second audible output for the vehicle according to the second audible output volume, Brew teaches, “In step 102a, an effectiveness of the horn honking action can be measured and then in step 102b compared with a predetermined threshold value. If the effectiveness is less than the threshold value, the horn honking action can be modified (i.e., such as increasing the volume, changing the type of horn honking action, etc.). If the threshold value is met (i.e., the effectiveness is greater than the threshold value, the method proceeds to step 103.” See ¶ 0023
Consider claim 9, the method of claim 8, wherein the second audible output for the vehicle according to the second audible output volume is in response to an indication of a second triggering of the activator of the horn of the vehicle, Lisiak teaches, “the controlled use period begins upon the release of the horn switch by the driver, and ends after a predetermined time. Normal use of the horn is restored upon the end of the controlled use period. The device may be reactivated after the end of the controlled use period.” See Col. 4 line 40-46.
Consider claim 22, Brew teaches a system (12) comprising: a memory (28) configured to store audible output tunes, Brew teaches “the vehicle horn mode, vigilance, and acoustic characteristics may be associated with a component defined by a policy, retrieved from a database that contains sound and other settings mapped to the current value,” See ¶ 0028; and processing circuitry (16) (Brew teaches, “computer system/server 12 is shown in the form of a general-purpose computing circuit. The components of computer system/server 12 may include, but are not limited to, one or more processors or processing units 16, a system memory 28, and a bus 18 that operably couples various system components including system memory 28 to processor 16.” See ¶ 0062)
processing circuitry configured: in response to receiving, at a first time, an indication of a triggering of an activator of a horn of a vehicle, to determine a driving characteristic of the vehicle, See rejection of claim 1;
to determine, based on the driving characteristic of the vehicle, an audible output tune of the stored audible output tunes, See rejection of claim 1;
to determine a first audible output volume based on the driving characteristic of the vehicle, See rejection of claim 1; and
to generate a first audible output for the vehicle according to the audible output tune and the first audible output volume, See rejection of claim 1.
Consider claim 23, the system of claim 22, wherein the processing circuitry is configured to determine a first ambient condition external to the vehicle, wherein the determining of the first audible output volume is further based on the first ambient condition, See rejection of claim 2.
Consider claim 24, the system of claim 23, wherein the first ambient condition comprises an indication of a time of day, a location of the vehicle, an ambient noise level, local noise norms or patterns, local vehicular audible output levels or patterns, or a local noise regulation, See rejection of claim 3.
Consider claim 25, the system of claim 23, wherein the first ambient condition comprises an indication of a weather condition, an ambient lighting condition, a traffic signal, a traffic sign, a traffic condition, an approaching vehicle condition, a proximal vehicle condition, a proximal pedestrian condition, or a distance of the vehicle to an object, See rejection of claim 4.
Consider claim 26, the system of claim 22, wherein the processing circuitry is configured to determine a first ambient condition external to the vehicle, wherein the determining of the audible output tune is further based on the first ambient condition, See rejection of claim 5.
Consider claim 27, the system of claim 22, wherein the vehicle driving characteristic comprises an indication of a speed of the vehicle, an acceleration of the vehicle, an acceleration pedal activation of the vehicle, a brake pedal activation of the vehicle, a brake activation of the vehicle, a brake locking of the vehicle, hydroplaning of the vehicle, tire traction of the vehicle, tire rotation speed of the vehicle, steered wheels turning status of the vehicle, a selected gear of the vehicle, a gear stick position of the vehicle, a tachometer reading of the vehicle, a steering wheel position of the vehicle, an airbag activation status of the vehicle, a swerving indication for the vehicle, a current stoppage time of the vehicle, or a position of the vehicle relative to another vehicle, See rejection of claim 6.
Consider claim 28, the system of claim 22, wherein the processing circuitry is configured: to determine a first ambient condition external to the vehicle, wherein the determining of the first audible output volume is further based on the first ambient condition; after the generating the first audible output for the vehicle, to determine, at a second time subsequent to the first time, a second ambient condition external to the vehicle; in response to the determining the second ambient condition at the second time, to select automatically a second audible output volume different from the first audible output volume; and to generate a second audible output for the vehicle according to the second audible output volume, wherein the second audible output according to the second audible output volume is in further response to the indication at the first time of the triggering of the activator of the audible output of the vehicle, See rejection of claim 7.
Consider claim 29, the system of claim 22, wherein the processing circuitry is configured: to determine a first ambient condition external to the vehicle, wherein the determining of the first audible output volume is further based on the first ambient condition; after the generating the first audible output, to determine, at a second time subsequent to the first time, a second ambient condition external to the vehicle, wherein the second ambient condition is the same as the first ambient condition; in response to the determining the second ambient condition, to set a second audible output volume different from the first audible output volume; and to generate a second audible output for the vehicle according to the second audible output volume, See rejection of claim 8.
Consider claim 30, the system of claim 29, wherein the second audible output for the vehicle according to the second audible output volume is generated in response to an indication of a second triggering of the activator of the horn of the vehicle, See rejection of claim 9.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Brew (US 2018/0215311 A1), in view of Lisiak (US 6,271,746 B1), and further in view of Castillo (US 2012/0286970 A1).
Consider claim 10, the method of claim 1, further comprising: receiving an indication of a user force imparted to the activator of the horn of the vehicle, wherein the determining of the first audible output volume is based on the indication of the user force imparted on the activator of the audible output, in an analogous art, Castillo taches, “a horn system for a vehicle is provided including a piezoelectric device, a loudspeaker, and a controller… The piezoelectric device produces a variable voltage due to varying pressure exerted on the horn pad.” See ¶ 0004; Castillo taches, “the piezoelectric device 20 reacts to the compression by creating a variable voltage (in the range of millivolts) based on pressure exerted on the horn pad 42. The value of the voltage created by piezoelectric device 20 varies based on the amount of pressure that is exerted on the piezoelectric device 20 as a driver presses the horn pad 42. Specifically, the piezoelectric device 20 creates different voltage values based on the amount of pressure exerted on the horn pad. In one embodiment, the value of the voltage ranges between about 0 mV for no pressure exerted on the horn pad 42 to about 100-200 mV for maximum pressure exerted on the horn pad 42. For example, in one embodiment, if the driver exerts a relatively low pressure onto the horn pad to alert another driver that a traffic light has turned green, the piezoelectric device 20 emits a relatively low voltage that is communicated to the controller 22. One example of a relatively low pressure is about 4.4 N, or about 1 lb. If the driver exerts a relatively moderate pressure onto the horn pad to alert another driver to watch out for a possible obstruction in the roadway, the piezoelectric device 20 emits a relatively moderate voltage that is communicated to the controller 22. If the driver exerts a relatively high pressure onto the horn pad to alert another driver of an impending crash, the piezoelectric device 20 emits a relatively high voltage that is communicated to the controller 22. It should be noted that while three varying voltage values are discussed, there may be more or less varying voltage values depending on driver usage as well.” See ¶ 0012.
It would have been obvious to one of ordinary skilled in the art at the time of invention (effective filing date for AIA application) to modify the combination of Brew-Lisiak and further take into account the force exerted by the driver on the horn in an effort to determine the level volume to be output, as suggested by Castillo; thereby, not creating unnecessary loudness when it is not needed.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Brew (US 2018/0215311 A1), in view of Lisiak (US 6,271,746 B1), and further in view of Purushothaman (US 2013/0204458 A1).
Consider claim 11, the method of claim 1, further comprising: determining a first ambient condition external to the vehicle; while generating the first audible output, determining a change in the first ambient condition; and modifying the first audible output based on the change in the first ambient condition, Brew teaches, “the vehicle/horn may adapt/learn through crowd feedback from crowds,” See ¶ 0014; “the context detected can be combined with temporal recognition. For example, a Recurrent Neural Network (RNN) may be employed to discern if a hazard is rapidly approaching.” See ¶ 0020; Lisiak teaches, “the controlled use or lockout period may be activated, deactivated and reactivated by the speed of the vehicle, for example activation may occur whenever the speed of the vehicle falls below 8 miles per hour, and may end whenever the speed of the vehicle increases above 8 miles per hour. Alternatively, the controlled use or lockout period may be activated by use of the brakes, or by the attainment of a predetermined value on one or more detectors or sensors that may be installed on the vehicle. Exemplary sensors include motion sensors, vibration sensors, and acceleration sensors. The invention contemplates activation or ending of the controlled use or lockout period by a combination of any of the above described sensors or detectors.” See col. 4 lines 56-67; nonetheless, in an analogous art, Purushothaman teaches, “system (500) consists of a smart horn (515) which includes a vehicle horn (525) and a first processor (520). The first processor (520) is adapted to activate the horn (525) automatically when receives a plurality of signals from a vehicle embedded system (505) or manually when raised by a driver (510).” See ¶ 0026; “the plurality of information transmitted is attributed the condition under which the smart horn (515) is pressed” See ¶ 0028; “one such sensor can be an airbag deployment sensor or a braking sensor that detects the real-time condition of the vehicle. A first processor (520) on receiving the plurality of signals determines the severity of the plurality of signals. On determining the severity, the first processor (520) modulates and embeds a plurality of information (530) in an inaudible upper frequency of a sound spectrum or sound wave generated by the horn (525).” See ¶ 0038.
It would have been obvious to one of ordinary skilled in the art at the time of invention (effective filing date for AIA application) to modify the combination of Brew-Lisiak and detects the real-time conditions and determines the severity of the plurality of signals and on determining the severity… sound spectrum or sound wave generated by the horn, as suggested by, Purushothaman, in an effort to effectively use the horn to gain the attention based on a real-time situation.
Conclusion
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/Omer S Khan/ Primary Examiner, Art Unit 2686