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 .
Claim Rejections - 35 USC § 102
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) 1-7,9-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Petley et al (US 20170234180 A1).
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) 1,4-7,9-13,15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petley et al (US 20170234180 A1) as applied to claim 1,6 above, and further in view of Lewendowski et al (US 20190189104 A1)
As per claim 1, Petley discloses an apparatus for reducing brake noise by brake noise control, the apparatus comprising:
a detection unit (detection of the brake application to determine noise cancellation per para 39) detecting vibration information causing brake noise (brake applications) generated in relation to a brake operation of a vehicle (brake application);
a control unit operatively connected to the detection unit and predicting the brake noise generated in an interior of the vehicle based on the vibration information (part of the active noise system per para 77), and
generating a noise cancelling signal having anti-phase with respect to the brake noise (para 77: controller 501 inverts the noise signal from sensor 512 and controls speakers 511 such that they provide a noise cancellation effect, in the context of the noise cancellation per para 39 as cited above);
a speaker unit operatively connected to the control unit and receiving the noise canceling signal from the control unit (per para 77), and
outputting the noise canceling signal to the interior of the vehicle (speakers providing a noise cancelling effect per para 77); and
a microphone unit operatively connected to the control unit and obtaining noise information from the interior of the vehicle and transmitting the noise information to the control unit (noise sensor 512 per para 77 is a microphone since it senses audible noise acoustically);
However, Petley does not specify that:
wherein the noise information obtained by the microphone unit is feedback information regarding the noise generated in the interior of the vehicle after the brake noise is canceled at least once by the noise cancelling signal, and wherein the control unit is configured to tune the noise canceling signal based on the noise information received from the microphone unit.
Lewendowski discloses a noise cancellation system of a vehicle and teaches that it can comprise multiple microphones/sensors located both inside and outside the cabin in order to detect can cancel multiple noise sources (para 27), and noting the feedback implementation via the correction of magnitude via the feedback per para 28, and additionally per the feedback described in para 29). It would have been obvious to one skilled in the art at the time of filing to implement multiple microphones inside and outside the cabin of Petley in order to cancel multiple noise sources.
Implemented as such, a first microphone capturing a first noise source to create an antiphase noise source is adapted via the signals from the additional microphones as feedback noting that all microphones will function to capture all audible noise sources from within the cabin as they are acoustic, hence: wherein the noise information obtained by the microphone unit is feedback information regarding the noise generated in the interior of the vehicle
after the brake noise is canceled at least once by the noise cancelling signal (the system operates continuously over time and adapts the signals coming out of the speaker based on the feedback from the sensors, this is the same function as performed by applicant’s system), and
wherein the control unit is configured to tune the noise canceling signal based on the noise information received from the microphone unit (tuned per para 28, 29, and based on a multi microphone implementation used to detect multiple noise sources, where each microphone signal provides feedback/modification to each other’s microphone singnals in order to identify the noise sources)
As per claim 2 (cancelled )
As per claim 3, (cancelled)
As per claim 4, the detection unit is provided ‘in an amount corresponding’/corresponding to a plurality of wheels on the vehicle, and located in a transmission path of vibrations generated by the brake (the exhaust system is based on the engine which is based on the brake operation, which corresponds to the 4 wheels of a vehicle), to detect the vibration information (the noise signals detected by the sensor to be used by the active noise system).
As per claim 5, the apparatus of claim 1, wherein the speaker unit includes:
a first speaker unit including a plurality of speakers outputting sound within a first range (para. 80 the different sets of speakers); and
a second speaker unit including a plurality of speakers outputting sound within a second range, higher than the sound within the first range (para 80 the different sets of speakers sending different signals to different points, where the different audio in each speaker set is in a different range because it is a different audio).
As per claim 6, the apparatus of claim 5, wherein the apparatus for reducing the brake noise operates in a first control mode and a second control mode,
wherein the first control mode is a mode for controlling noise in a first frequency range (para 80, different sets of speakers at different points in the car, operating in a different mode), and
wherein the second control mode is a mode for controlling noise in a second frequency range, lower than the first frequency (the differing sets of speakers and their corresponding modes can perform: Differing noise levels/sensations may even be provided to multiple occupants of the occupant cabin of a vehicle per para 80, where a differing noise level and audible sensation will comprise a different frequency range because frequency ranges are defined based on the relative amplitudes between given frequency points).
As per claim 7, the apparatus of claim 6, wherein in response that the vehicle speed is higher than a reference speed, the control unit is configured to control the brake noise in the first control mode, and wherein in response that the vehicle speed is lower than the reference speed, the control unit is configured to control the brake noise in the second control mode (para. 84: if the pedal is static for over 30 seconds, it is assumed that the driver is at least momentarily not driving enthusiastically or at speed, and so the Active Noise sub-system is turned off and so the noise modification action is set to ‘Off’. If there is rapid accelerator/throttle pedal movement, however, the bypass valve 521 is opened and the ‘Enhance 2’ noise modification action is active,).
As per claim 9, the apparatus of claim 6, wherein the control unit is configured to output the noise cancelling signal by combining at least a part of the plurality of speakers included in the first speaker unit and at least a part of the plurality of speakers included in the second speaker unit, and wherein the control unit is configured to combine different speakers for each of the first control mode and the second control mode (the differing sets of speakers and their corresponding modes can perform: Differing noise levels/sensations may even be provided to multiple occupants of the occupant cabin of a vehicle per para 80,).
As per claim 10,the apparatus of claim 6, wherein the control unit is configured to output the noise cancelling signal by use of a part of speakers of the first speaker unit in the first control mode, and wherein the control unit is configured to output all speakers of the first speaker unit in the second control mode the differing sets of speakers and their corresponding modes can perform: Differing noise levels/sensations may even be provided to multiple occupants of the occupant cabin of a vehicle per para 80,).
As per claim 11, the apparatus of claim 7, wherein in response that the vehicle speed is greater than or equal to a first reference speed and equal to or lower than a second reference speed, the control unit is configured to control the brake noise in the first control mode, and wherein in response that the vehicle speed is lower than the first reference speed, the control unit is configured to control the brake noise in the second control mode (para. 84: if the pedal is static for over 30 seconds, it is assumed that the driver is at least momentarily not driving enthusiastically or at speed, and so the Active Noise sub-system is turned off and so the noise modification action is set to ‘Off’. If there is rapid accelerator/throttle pedal movement, however, the bypass valve 521 is opened and the ‘Enhance 2’ noise modification action is active) (noting the parameters indicating ‘rapid’ indicates a change between two brake locations, each of which defines reference speed and associated vehicle speed as the brake press directly controls the vehicle speed).
As per claim 12, the apparatus of claim 6, wherein in response that a brake of the vehicle is operated and the brake noise control is performed in the first control mode or the second control mode and then the brake is not operated, the control unit is configured to maintain the first control mode or the second control mode for a reference time (para. 84: if the pedal is static for over 30 seconds, it is assumed that the driver is at least momentarily not driving enthusiastically or at speed, and so the Active Noise sub-system is turned off and so the noise modification action is set to ‘Off’. If there is rapid accelerator/throttle pedal movement, however, the bypass valve 521 is opened and the ‘Enhance 2’ noise modification action is active).
As per claim 13, the claim 1 rejection discloses a method for reducing brake noise by brake noise control, the method comprising:
detecting vibration information causing brake noise generated in relation to a brake operation(per claim 1 rejection);
predicting, by a control unit, the brake noise generated in an interior of a vehicle based on the vibration information (per claim 1 rejection);
generating, by the control unit, a noise canceling signal having anti-phase with respect to the predicted brake noise and outputting the noise cancelling signal through a speaker unit inside the vehicle (per claim 1 rejection); and
obtaining, by the control unit, noise information from the interior of the vehicle through a microphone unit inside the vehicle (per claim 1 rejection), and
tuning the noise cancelling signal based on the noise information (tuned per the active noise system per the claim 1 rejection).
wherein the noise information obtained by the microphone unit is feedback information regarding the noise generated in the interior of the vehicle after the brake noise is canceled at least once by the noise cancelling signal, and wherein the control unit is configured to tune the noise canceling signal based on the noise information received from the microphone unit (per the claim 1 rejection)
As per claim 14, cancelled
As per claim 15, the method of claim 13, further including: determining, by the control unit, a first control mode and a second control mode based on vehicle speed, wherein the first control mode is a mode for controlling noise in a first frequency range, and wherein the second control mode is a mode for controlling noise in a second frequency range, lower than the first frequency (per the claim 6 rejection).
As per claim 16, the method of claim 15, wherein in response that the vehicle speed is greater than or equal to a reference speed, the first control mode is determined, and wherein in response that the vehicle speed is lower than the reference speed, the second control mode is determined (per claim 7 rejection).
As per claim 17, the method of claim 15, wherein the speaker unit includes a first speaker unit including a plurality of speakers outputting sound within a first range and a second speaker unit including a plurality of speakers outputting sound within a second range, higher than the sound within the first range (the different sets of speakers per the claim 9 rejection each outputting different audio which will by definition comprise different frequencies).
As per claim 18, the method of claim 17, wherein the noise cancelling signal is output using a part of speakers of the first speaker unit in the first control mode, and wherein the noise cancelling signal is output using all speakers of the first speaker unit in the second control mode (per the claim 10 rejection).
As per claim 19, the method of claim 15, wherein in response that the vehicle speed is greater than or equal to a first reference speed and equal to or lower than a second reference speed, the control unit is configured to control the brake noise in the first control mode, and wherein in response that the vehicle speed is lower than the first reference speed, the control unit is configured to control the brake noise in the second control mode (per the claim 11 rejection).
As per claim 20, the apparatus of claim 6, wherein in response that a brake of the vehicle is operated and the brake noise control is performed in the first control mode or the second control mode and then the brake is not operated, the control unit is configured to maintain the first control mode or the second control mode for a reference time (para. 84: if the pedal is static for over 30 seconds, it is assumed that the driver is at least momentarily not driving enthusiastically or at speed, and so the Active Noise sub-system is turned off and so the noise modification action is set to ‘Off’. If there is rapid accelerator/throttle pedal movement, however, the bypass valve 521 is opened and the ‘Enhance 2’ noise modification action is active).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petley et al (US 20170234180 A1) in view of Lewendowski et al (US 20190189104 A1)as applied to claim 1,6 above, and further in view of Horiguchi et al (US 20200398846 A1).
As per claim 8, Petley discloses the apparatus of claim 6, but does not specify wherein the noise in the first frequency range includes grinding noise, and wherein the noise in the second frequency range includes creep noise.
Horiguchi teaches that noise control systems can detect and use grinding noise and creep noise (para. 34 The vibration detector 110 may be configured to detect a predetermined vibration state such as brake squeal or brake judder in the frictional brake device ) each of which are defined by differing frequency ranges (each predetermined vibration state).
Response to Arguments
The submitted arguments have been considered but are moot in view of the new grounds of rejection.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
It would have been obvious to one skilled in the art at the time of filing that the squeal and judder noises could be characterized and detected by the active noise system via the cited microphones and speakers for the purpose of removing unwanted noise from the engine/brakes/tires/transmission.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER KRZYSTAN whose telephone number is 571-272-7498, and whose email address is alexander.krzystan@uspto.gov
The examiner can usually be reached on m-f 7:30-4:00 est.
If attempts to reach the examiner by telephone or email are unsuccessful, the examiner’s supervisor, Fan Tsang can be reached on (571) 272-7547.
The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications.
/ALEXANDER KRZYSTAN/Primary Examiner, Art Unit 2653
Examiner Alexander Krzystan
June 19, 2026
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