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 .
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/23/2026 has been entered.
Response to Amendment
2. This in response to an RCE amendment filed 03/23/2026. Claims 17-20 have been added. Claims 1, 7 and 9 have been amended. No claims been canceled. Claims 1-20 are now pending in this application.
Claim Rejections - 35 USC § 102
3. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Valeri et al. (US PAT # 9,388,776 B2).
Regarding claims 1 and 9, Valeri teaches a method and system for generating simulated engine sounds for simulated gear-shifting of a vehicle (see abstract), the method and system comprising:
mapping a plurality of operating conditions of the vehicle to a plurality of respective simulated gears, wherein each of the plurality of operating conditions is associated with a throttle position and a vehicle speed (reads on the powerful driving condition module 35 may determine if the operating parameters of the vehicle 18 (e.g., the throttle pedal position, throttle pedal rate of change, vehicle acceleration, engine speed rate of change, and/or the activation of a vehicle selected mode such as Sport mode) indicate an aggressive or powerful driving condition. The powerful driving condition module 35 receives as input the shift signal 46 and the plurality of operating parameters of the vehicle 18 (FIG. 1) from the shifting determination module 34. The powerful driving condition module 35 provides a powerful shift signal 48. Some examples of the aggressive or powerful driving include, but are not limited to, a relatively rapid acceleration of the vehicle 18 from a stoplight, or passing another vehicle on a two-lane road. These types of aggressive or powerful driving conditions indicate an enhanced emotional state of a driver, where the driving experience of the driver and vehicle occupants would be enhanced by a shifting sound. The powerful driving condition usually indicates that a driver would expect to hear a more pronounced shifting sound, see col. 4, lines 4-23);
configuring a plurality of simulated gear-shifting conditions based on threshold throttle positions and threshold vehicle speeds for simulated gear-shifting among respective simulated gears, wherein for each gear-shifting condition, at least some of the threshold vehicle speeds vary dependent of the threshold throttle positions (reads on the shift point determination module 37 receives as input the operating parameters received from the vehicle bus 22, and determines if a gear shift by the fixed gear transmission 20 (FIG. 1) has actually occurred, see col. 5, lines 46-50);
receiving a first operating condition of the vehicle (note that Valeri receives vehicle operating parameters including throttle position (driver demand) and vehicle speed via vehicle bus signal, see abstract and Fig. 1; col. 3-5), receiving a first operating condition of the vehicle, the first operating condition comprising a first throttle position and a first vehicle speed (see abstract, Fig. 1 and col. 2, lines 33-51. note that Valeri receives vehicle operating parameters including throttle pedal position (driver demand) and vehicle speed via vehicle bus signal);
determining a gear-shifting transition from a first simulated gear from the plurality of respective simulated gears to a second simulated gear in response to the received first operating condition of the vehicle (reads on Simulated RPM module and an engine sound enhancement ESE module for fixed gear transmission, see abstract and col. 2, lines 33-51, col. 3, lines 20-30. In Valeri If the shift signal 46 is sent to the simulated RPM module 36, then simulated the RPM module 36 generates an enhanced or simulated RPM signal 50, see col. 4, lines 29-31);
receiving a second operating condition of the vehicle (reads on shift point determination module 37 receives as input the operating parameters received from the vehicle bus 22, see col. 5, lines 46-48), the second operating condition comprising a second throttle position and a second vehicle speed (Valrie continuously receives parameters, including throttle/driver demand and vehicle speed, these parameters reads on the claimed second operating condition, see col. 2, lines 40-51 and col. 3, lines 20-30);
determining the gear-shifting transition from the first simulated gear to the second simulated gear if the second operating condition reaches one of the plurality of simulated gear-shifting condition, wherein the second operating condition satisfies one of the plurality of simulated gear-shifting conditions (The shift point determination module 37 also receives as input the operating parameters received from the vehicle bus 22, and determines if a gear shift by the fixed gear transmission 20 (FIG. 1) has actually occurred. Note that shifting module determines if the operating parameters indicate that the gear shift... is imminent and generate a shift signal, see discussion in col. 2, lines 33-51 and col. 3, lines 21-57);
generating an engine sound signal corresponding to the second simulated gear responsive to both the first operating condition and the second operating condition (reads on the ESE module 38 receives as input the simulated RPM signal 50, the simulated RPM signal 150, or the modified RPM signal 66 from the shift point determination module 37. The ESE module 38 also receives as input a plurality of engine order equations from the memory 40 of the control module 24, see col. 6, lines 13-18); and
during the first operating condition (see abstract and col. 5, line 6 through col.7, line 9. Note The control system 10 is configured for enhancing specific tones or sounds that are emitted by the engine 30 based on various operating parameters of the vehicle 18. The fixed gear transmission 20 is generally any type of transmission having a finite number of gear ratios (e.g., a six-speed automatic transmission). Specifically, the fixed gear transmission 20 may upshift from a lower gear ratio to a higher gear ratio (e.g., from second gear to third gear), or downshift from a higher gear ratio to a lower gear ratio (e.g., from third gear to second gear). The vehicle bus 22 is in communication with various control modules (not illustrated) of the vehicle 18, see col. 2, lines 20-33), generating a first additional sound (reads on generating engine sound enhancement ESE signal that is added to or different from natural vehicle sound, see col. 6, line 30 through col. 7, line 40. Also, in Fig. 1 see elements 28 outputs enhanced/simulated sound and element 26 generates the sound) based on a combination of the first throttle position (reads on operation parameters includes driver demand inputs and receives vehicle bus data including accelerator/throttle signals, see col. 3, line 31 through col. 4, line 40) and the first vehicle speed (reads on simulated RPM determined relative to vehicle speed, see col. 3, line 58 through col. 5, line 5) while operating in a single gear (see abstract and col. 5, line 6 through col.7, line 9);
during the second operating condition, generating a second additional sound based on a combination of the second throttle position and the second vehicle speed (reads on the ESE tones vary depending on operating conditions, see col. 7, lines 2-33) while operating in the single gear (reads on vehicle having a fixed gear transmission, see col. 2, lines 18-66); and
responsive to a further operating condition of the vehicle, selecting the first simulated gear and generating an engine sound signal corresponding to the first simulated gear (in Valeri operating parameters may change like driver removes foot, where the gear shift may no longer occur. The system updates behavior based on new condition (reversion/no shift condition), see col. 5, lines 41-65).
Regarding claims 2 and 10, Valeri teaches classifying the simulated gear-shifting conditions into an upshifting condition set of simulated gear-shifting conditions and a downshifting condition set of simulated gear-shifting conditions (see col. 2, lines 18-51);
determining whether a current throttle position is greater than a predetermined throttle threshold (see col. 2, lines 18-51);
selecting the simulated gear-shifting conditions from the upshifting condition set of simulated gear-shifting conditions, if the current throttle position is greater than the predetermined throttle threshold (see col. 2, lines 18-51); and
selecting the simulated gear-shifting conditions from the downshifting condition set of simulated gear-shifting conditions, if the current throttle position is less than or equal to the predetermined throttle threshold (see col. 2, lines 18-51).
Regarding claims 3 and 11, Valeri teaches wherein the configuring simulated gear-shifting conditions further comprising:
configuring gear-shifting lines based on threshold throttle positions and threshold vehicle speeds for a simulated gear-shifting as the simulated gear-shifting conditions, wherein each of the gear-shifting lines represents a gear-shifting condition for the simulated gear-shifting among the plurality of respective simulated gears (see col. 4, lines 4-23).
Regarding claims 4 and 12, Valeri teaches wherein each of the gear- shifting lines is configured so that at least some of threshold vehicle speeds increases with the threshold throttle positions increase (see col.5, lines 27-40).
Regarding claims 5 and 13, Valeri teaches wherein the gear-shifting lines are configured so that, for a same the threshold throttle position, the current gear is higher, a threshold vehicle speeds for gear-shifting is higher (see col. 2, lines 34-51 and col. 3, line 58 through col. 4, line 3).
Regarding claims 6 and 14, Valeri teaches mapping the vehicle speed to an engine RPM for each gear of a gearbox (see col. 4, lines 24-40).
Regarding claim 7, Valeri teaches based on the engine sound signal corresponding to the first simulated gear (reads on ESE module 38 selects tones needed to emulate the sound of the engine with respect to the simulated RPM signal, see 6, line 47 through line 7 line 9), driving at least one sound generation device of the vehicle to produce a first sound to simulate an operation in the first simulated gear (see col. 6, line 47 through line 7 line 9); and
based on the engine sound signal corresponding to the first simulated gear (the audio signal creates the sound of the simulated gear RPM signal and ESE tones emulate the RPM signal, see 6, line 47 through line 7 line 9), driving at least one sound generation device of the vehicle to produce a second sound to simulate an operation in the second simulated gear (see col. 6, line 47 through line 7 line 9).
Regarding claim 15, Valeri teaches drive at least one sound generation device of the vehicle to produce a first sound to simulate an operation in the first simulated gear (see col. 6, line 47 through line 7 line 9); and
drive at least one sound generation device of the vehicle to produce a second sound to simulate an operation in the second simulated gear (see col. 6, line 47 through line 7 line 9).
Regarding claims 8 and 16, Valeri teaches wherein driving at least one sound generation device of the vehicle to produce the first sound to simulate the operation in the first simulated gear (see col. 6, line 47 through line 7 line 9) further comprising:
generating varied sounds for the first simulated gear as the engine RPM (reads on the size and shape of the ESE tones 74 may vary depending on the engine order and each RPM shift point (e.g., first gear shift point, second gear shift point, etc.), as seen in Fig. 6, see col. 7, lines 2-9) or the vehicle speed varies; and
wherein driving at least one sound generation device of the vehicle to produce the second sound to simulate the operation in the second simulated gear further comprising: generating varied sounds for the simulated second gear as the engine RPM (see col. 6, line 47 through line 7 line 9) or the vehicle speed varies.
Claim Rejections - 35 USC § 103
4. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Valeri et al. (US PAT # 9,388,776 B2).
Claim 17 recites “wherein simulated gear-shifting lines for determining the gear-shifting transition are based on a model of the vehicle, and wherein a different model comprises different simulated gear-shifting lines for a same gear-shifting transition”.
Valeri teaches determining gear-shift transitions based on operating parameters (see previous discussions in the above claims, also col. 2 through col. 3).
However, Valrie does not specifically teach “using a vehicle model to define different simulated gear-shifting lines”.
Thus, it would have been obvious for one of an ordinary skill in the art before the effective filing date of the claimed invention to implement the shift determination using a vehicle model and corresponding shift curves, as a vehicle modeling and calibration of shift lines based on vehicle characteristics were well known in the art for improving accuracy and drivability.
Claim 18 recites “determining a current simulated gear based on an operation condition of the vehicle, and retrieving a mapping from a storage device and determine a corresponding engine RPM based on a current vehicle speed”.
Valeri teaches determining a simulated gear based on operating conditions and generating a simulated RPM signal based on vehicle parameters (see previous discussions in the above claims, also col. 2 through col. 5). While Valeri does not explicitly disclose retrieving a mapping from a storage device, it would have been obvious for one of an ordinary skill in the art before the effective filing date of the claimed invention to store mappings (e.g., RPM vs. speed relationships) in memory and retrieve them, as such use of lookup tables or stored mappings for engine control and simulation was well-know and routine.
Claim 19 recites “wherein gear-shifting lines for determining the gear-shifting transition are configured so that, for a same threshold throttle position, if a current gear is higher, a threshold vehicle speed for gear-shifting is higher”.
Valeri teaches determining gear-shift timing based on operating parameters including throttle position and vehicle speed (see col. 2 through col. 3). However, Valeri does not explicitly teach configuring gear-shifting lines such that, for a same throttle position, higher gears correspond to higher threshold vehicle speed.
Thus, it would have been obvious for one of an ordinary skill in the art before the effective filing date of the claimed invention to calibrate shift threshold such that higher gears require higher vehicle speeds for shifting, as this represents a well-known and predictable relationship in vehicle control systems for achieving smooth gear progression and drivability.
Claim 20 recites “wherein the further operating condition comprises a further throttle position and a further vehicle speed, and wherein the further throttle position and the further vehicle speed map to an area of a gear-shifting plot that corresponds to the first simulated gear, the gear-shifting plot mapping vehicle speed versus throttle position for gear-shifting”.
Valeri teaches determining gear-shift behavior based on operating parameters including vehicle speed and throttle position (see previous discussions in the above claims, also col. 2 through col. 5, lines 65. Specifically, col. 5, lines 41-65). However, Valeri does not explicitly disclose a gear-shifting plot mapping vehicle speed versus throttle position.
Thus, it would have been obvious for one of an ordinary skill in the art before the effective filing date of the claimed invention to implement the shift determination using a two dimensional mapping or plot (e.g., speed vs. throttle), as such lookup tables or calibration maps are well known in vehicle control systems to define operating regions corresponding to different gears.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rasha S. AL-Aubaidi whose telephone number is (571) 272-7481. The examiner can normally be reached on Monday-Friday from 8:30 am to 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ahmad Matar, can be reached on (571) 272-7488.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/RASHA S AL AUBAIDI/Primary Examiner, Art Unit 2693
Prosecution Insights