DETAILED ACTION
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/08/2026 has been entered.
Claim status
This action is in response to applicant filed on 09/08/2026
Claims 2, 5, 27 and 29 and 34 have been previously cancelled.
Claims 35-38 is new.
Claims 1, 3-4, 7, 13-18, 26, 28, 31-33 have been amended.
Claims 1, 3-4, 6-26, 28 and 30-33 and 35-38 are pending for examination.
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.
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.
Claim(s) 1, 3-4, 6-12, 14, 17-20 & 26, 28 & 30, 33 and 35-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2020/0184946) in view of Draganic (US 2015/0199955).
Regarding claim 1: Jung disclose a motor vehicle (Fig. 1) comprising:
a body defining a passenger compartment of the motor vehicle (Fig. 1, engine compartment 100);
an electric axle comprising an electric motor and at least one movable component distinct from or forming part of the electric motor (Fig. 1, motor 101);
a transducer configured to detect one or more quantities associated with an operation of the electric motor or the at least one movable component and to generate at least one transduced signal related to one or more of said quantities (Fig. 1: torque measurement sensor 107.¶0070. Claim 1: a torque measurement sensor of measuring a torque of a motor); and
sound emitting means configured to emit sound as a function of the transduced signal (Fig. 1, engine output 102, ¶0072, claim 1: sound output device of generating a driving sound of an EV vehicle).
Jung does not explicitly disclose a signal processing unit configured to condition the transduced signal, thereby producing a conditioned transduced signal, wherein the sound emitting means are configured to emit sound corresponding to the conditioned transduced signal, and wherein the signal processing unit is configured to condition the transduced signal by performing pitch-shifting to the transduced signal or by transposing one or more frequencies of at least one contribution of the transduced signal from a first frequency range to a second frequency range distinct from the first frequency range.
In analogous art regarding vehicle sound generation, Draganic disclose a signal processing unit configured to condition the transduced signal, thereby producing a conditioned transduced signal, wherein the sound emitting means are configured to emit sound corresponding to the conditioned transduced signal (Fig. 5, ¶0040), and wherein the signal processing unit is configured to condition the transduced signal by performing pitch-shifting to the transduced signal or by transposing one or more frequencies of at least one contribution of the transduced signal from a first frequency range to a second frequency range distinct from the first frequency range. (¶0031).
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of a signal processing unit configured to condition the first signal, thereby producing a second conditioned signal, wherein the sound emitting means are configured to emit sound corresponding to the second signal, and wherein the signal processing unit is configured to condition the first signal by performing pitch-shifting on the first signal or by transposing one or more frequencies of at least one contribution of the first signal from a first frequency range to a second frequency range distinct from the first frequency range, as disclose by De Cesaris, to the system of Jung. The motivation is to allow manipulation to the sound in order to have more flexibility to create a more realistic and/or desired sound.
Regarding claim 3: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, wherein conditioning comprises filtering, wherein the signal processing unit is configured to filter the first signal by one or more frequency-based filters, (Jung: ¶0034).
Regarding claim 4: The combination of Jung and Draganic disclose the motor vehicle according to claim 3, further comprising additional transduction means configured to detect additional quantities associated with an operation of the motor vehicle, wherein the signal processing unit is configured to filter the first signal as a function of the additional quantities. (Jung: , ¶0186-0188, Draganic:Fig. 1 Real-Worl input 114).
Regarding claim 6: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, but does not explicitly disclose wherein the first frequency range and the second frequency range are respectively included within a third frequency range between 500 Hz and 10 kHz and a fourth frequency range between 20 Hz and 2 kHz. However it does disclose a frequency range of 0 to 1khz (Jung: Fig. 7A,7B). Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of first frequency range and the second frequency range are respectively included within a third frequency range between 500 Hz and 10 kHz and a fourth frequency range between 20 Hz and 2 kHz, since it has been held that Prior Art ranges that overlap claimed ranges provide prima facie case of obviousness. In re Wertheim, 541 F.2nd 257, 191 USPQ 90 (CCPA 1976).
Regarding claim 7: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, wherein the sound emitting means comprises at least one loudspeaker connected to the signal processing unit to receive the conditioned transduced signal and configured to emit said sound in a manner corresponding to the conditioned transduced signal. (Jung: ¶0186-0191).
Regarding claim 8: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, wherein the sound emitting means are configured to emit sound inside the passenger compartment. (Jung: Claim 4, Fig. 1).
Regarding claim 9: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, wherein the sound emitting means are configured to emit sound outside the passenger compartment. (Jung: Fig. 1: Audio exterior amp, engine tone output 102).
Regarding claim 10: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, further comprising one or more vibration emitters coupled to a solid body or panel of the motor vehicle within the passenger compartment and configured to cause a vibration of the solid body or panel in a manner coordinated with the sound emitted by the sound emitting means. (Draganic: Fig. 5: claim 2 and ¶0040: block 514)).
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of one or more vibration emitters coupled to a solid body or panel of the motor vehicle within the passenger compartment and configured to cause a vibration of the solid body or panel in a manner coordinated with the sound emitted by the sound emitting means, as disclose by Draganic, to the combination of Jung and De Cesaris. The motivation is provide haptic feedback in case the audio feedback is not effective.
Regarding claim 11: The combination of Jung and Draganic disclose the motor vehicle according to claim 10, further comprising a seat, wherein the seat comprises the solid body or panel such that the vibration of the solid body or panel can be transmitted to a user sitting on the seat (Draganic: Fig. 5: claim 2 and ¶0040: block 514)).
Regarding claim 12: The combination of Jung and Draganic disclose the motor vehicle according to claim 10, wherein the solid body or panel is part of a pedal or a steering wheel of the motor vehicle. (Draganic: Fig. 5: claim 2 and ¶0040: block 514)).
Regarding claim 14: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, wherein the transducer is configured to detect a first quantity of said quantities, the first quantity being indicative of a magnetic field generated by the motor or the moving component (Jung: ¶0147).
Regarding claim 17: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, wherein the transducer is configured (inputs 200-1) to generate the first signal by applying a sensor fusion algorithm or technique to at least two or more of the detected quantities. (Jung: Fig. 5-6)).
Regarding claim 18: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, wherein the transducer comprises a sensor device configured to detect or generate and consequently detect a variation of a magnetic field associated with an operation of the electric motor and an emitting device configured to emit the transduced signal, the transduced signal being an electric current signal as a function of the variation of the magnetic field (Jung: ¶0147), wherein the sound emitting means comprises a loudspeaker device connected to the emitting device to receive the electric current signal emitted through the emitting device and configured to emit sound corresponding to the received electric current signal (Jung: ¶0144, ¶0149, ¶0191).
Regarding claim 19: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, wherein the electric motor is configured to generate the variable magnetic field during operation, wherein the sensor device is configured to detect the variation of the magnetic field. (Jung: ¶0147)
Regarding claim 20: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, wherein the variable magnetic field is a rotating magnetic field with a rotational speed dependent on a supply current supplied to the electric motor. (Jung: ¶0147: it is interpret that since the power is coming from the motor which produce a rotating magnetic field and rotational speed (as shown by the motor type on Fig. 1))
Regarding claim 26: Claim 26 recite a method with the functional limitation of claim 1 and therefore is rejected for the same reasons of claim 1.
Regarding claim 28: Claim 28 recite a method with the functional limitation of claim 3 and therefore is rejected for the same reasons of claim 3.
Regarding claim 30: Claim 30 recite a method with the functional limitation of claim 6 and therefore is rejected for the same reasons of claim 6.
Regarding claim 33: Jung disclose a motor vehicle (Fig. 1) comprising:
a body defining a passenger compartment of the motor vehicle (Fig. 1, engine compartment 100);
an electric axle comprising an electric motor and at least one movable component distinct from or forming part of the electric motor (Fig. 1, motor 101);
a transducer configured to detect one or more quantities associated with an operation of the electric motor or the at least one movable component and to generate at least one transduced signal related to one or more of said quantities (Fig. 1: torque measurement sensor 107.¶0070. Claim 1: a torque measurement sensor of measuring a torque of a motor);
sound emitter (Fig. 1, engine output 102, ¶0072, claim 1: sound output device of generating a driving sound of an EV vehicle).
Jung does not explicitly disclose the quantities being vibrations and a signal processing unit configured to condition the transduced signal, thereby producing a conditioned transduced signal, wherein the sound emitting means are configured to emit sound corresponding to the conditioned transduced signal, and wherein the signal processing unit is configured to condition the transduced signal by performing pitch-shifting to the transduced signal or by transposing one or more frequencies of at least one contribution of the transduced signal from a first frequency range to a second frequency range distinct from the first frequency range.
In analogous art regarding vehicle sound generation, Draganic disclose a system detecting vibrations in a vehicle (¶0041) and a signal processing unit configured to condition the transduced signal, thereby producing a conditioned transduced signal, wherein the sound emitting means are configured to emit sound corresponding to the conditioned transduced signal (Fig. 5, ¶0040), and wherein the signal processing unit is configured to condition the transduced signal by performing pitch-shifting to the transduced signal or by transposing one or more frequencies of at least one contribution of the transduced signal from a first frequency range to a second frequency range distinct from the first frequency range. (¶0031).
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of a system detecting vibrations in a vehicle and a signal processing unit configured to condition the first signal, thereby producing a second conditioned signal, wherein the sound emitting means are configured to emit sound corresponding to the second signal, and wherein the signal processing unit is configured to condition the first signal by performing pitch-shifting on the first signal or by transposing one or more frequencies of at least one contribution of the first signal from a first frequency range to a second frequency range distinct from the first frequency range, as disclose by De Cesaris, to the system of Jung. The motivation is to allow manipulation to the sound in order to have more flexibility to create a more realistic and/or desired sound.
Regarding claim 35: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, wherein the pitch-shifting performed to the transduced signal comprises real-time pitch-shifting (Draganic: ¶0044).
Regarding claim 36: The combination of Jung and Draganic disclose the motor vehicle according to claim 1 wherein the conditioning of the transduced signal comprises a frequency-dependent pitch offset. (Draganic: ¶0031: pitch shifting is frequency dependent).
Regarding claim 37: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, wherein the transducer is configured to detect a vibration of the electric axle, the electric motor, a casing of the electric motor, or the movable component. (Draganic: ¶0041).
Regarding claim 38: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, wherein the transducer comprises an accelerometer (Draganic: ¶0015).
Claim(s) 13, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2020/0184946) in view of Draganic (US 2015/0199955) and further in view of Orth (US 2013/0343570).
Regarding claim 13: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, but does not explicitly disclose wherein the transducer configured to detect at least one electrical quantity related to electromagnetic phenomena.
In analogous art regarding engine sound simulator, Orth disclose wherein the transduction means are configured to detect at least one electrical quantity related to electromagnetic phenomena. (¶0045: claim 3).
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of wherein the transducer is configured to detect at least one electrical quantity related to electromagnetic phenomena, as disclose by Orth, to the combination of Jung and Draganic, since having a limited universe of potential options (transduction means), the selection of any particular option (detect at least one electrical quantity related to electromagnetic phenomena.) would have been obvious to one of ordinary skill in the art. In re Jones, 412 F.2d 241, 162 USPO 224 (COPA 1969). Since either option would provide the same predictable result of (provide a quantity associated with an operation of the electric motor), either option would have been obvious to one of ordinary skill.
Regarding claim 15: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, but does not explicitly disclose further comprising:
a second transducer configured to detect a second quantity of said quantities, the second quantity being indicative of a supply current supplied to the motor, and a third transducer configured to detect a third quantity of said quantities, the third quantity being indicative of a voltage at the ends of the motor.
In analogous art regarding engine sound simulator, Orth disclose wherein the transduction means comprise: a second transducer configured to detect a second quantity of said quantities, the second quantity being indicative of a supply current supplied to the motor, and a third transducer configured to detect a third quantity of said quantities, the third quantity being indicative of a voltage at the ends of the motor. (¶0017).
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of wherein the transduction means comprise: a second transducer configured to detect a second quantity of said quantities, the second quantity being indicative of a supply current supplied to the motor, and a third transducer configured to detect a third quantity of said quantities, the third quantity being indicative of a voltage at the ends of the motor, as disclose by Orth, to the combination of Jung and Draganic. The motivation is to add redundancy to the transduction means making the system more robust.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2020/0184946) in view of Draganic (US 2015/0199955) in view of Lee et al. (US 2021/0379998) and further in view of Orth (US 2013/0343570).
Regarding claim 16: The combination of Jung and Draganic disclose the motor vehicle according to claim 1, but does not explicitly disclose wherein the transduction means comprise: a second transducer configured to detect a second quantity of said quantities, the second quantity being indicative of a vibration with respect to the body of one or more between a casing of the motor, the movable component, and the electric axle, and a third transducer configured to detect a third quantity of said quantities, the third quantity being indicative of a sound pressure wave generated by one or more between the motor, the movable component, and the electric axle.
In analogous art regarding EV vehicle sound system, Lee disclose wherein the transduction means comprise: a second transducer configured to detect a second quantity of said quantities, the second quantity being indicative of a vibration with respect to the body of one or more between a casing of the motor, the movable component, and the electric axle (¶0056).
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of wherein the transduction means comprise: a second transducer configured to detect a second quantity of said quantities, the second quantity being indicative of a vibration with respect to the body of one or more between a casing of the motor, the movable component, and the electric axle, as disclose by Lee, to the system of Jung and Draganic since having a limited universe of potential options (transducer quantity), the selection of any particular option (vibration) would have been obvious to one of ordinary skill in the art. In re Jones, 412 F.2d 241, 162 USPO 224 (COPA 1969). Since either option would provide the same predictable result of (monitor vehicle parameter to detect sound), either option would have been obvious to one of ordinary skill.
The combination of Jung, Draganic and Lee does not explicitly disclose and a third transducer configured to detect a third quantity of said quantities, the third quantity being indicative of a sound pressure wave generated by one or more between the motor, the movable component, and the electric axle.
In analogous art regarding EV vehicle sound system, Orth disclose a third transducer configured to detect a third quantity of said quantities, the third quantity being indicative of a sound pressure wave generated by one or more between the motor, the movable component, and the electric axle.(¶0045, claim 2).
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of disclose a third transducer configured to detect a third quantity of said quantities, the third quantity being indicative of a sound pressure wave generated by one or more between the motor, the movable component, and the electric axle, as disclose by Orth, to the system of Jung, Draganic and Lee since having a limited universe of potential options (transducer quantity), the selection of any particular option (sounds pressure wave) would have been obvious to one of ordinary skill in the art. In re Jones, 412 F.2d 241, 162 USPO 224 (COPA 1969). Since either option would provide the same predictable result of (monitor vehicle parameter to detect sound), either option would have been obvious to one of ordinary skill.
Claim(s) 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2020/0184946 in view of Draganic (US 2015/0199955) and further in view of Sharma (WO 2022/259227).
Regarding claim 21: The combination of Jung and Draganic disclose the motor vehicle according to claim 18, but does not explicitly disclose wherein the sensor device comprises a permanent magnet and wherein the electric motor comprises a portion, the portion being movable during operation in a manner corresponding to the operation itself, whereby the permanent magnet is arranged to magnetically interact with the movable portion so as to generate the variable magnetic field.
In analogous art regarding vehicle systems, Sharma disclose wherein the sensor device comprises a permanent magnet and wherein the electric motor comprises a portion, the portion being movable during operation in a manner corresponding to the operation itself, whereby the permanent magnet is arranged to magnetically interact with the movable portion so as to generate the variable magnetic field. (¶0039-0040)
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of a permanent magnet and wherein the electric motor comprises a portion, the portion being movable during operation in a manner corresponding to the operation itself, whereby the permanent magnet is arranged to magnetically interact with the movable portion so as to generate the variable magnetic field, as disclose by Sharma, to the system of the combination of Jung and Draganic. The motivation is to ensure a proper functioning of the motor and provide the necessary magnetic parameters.
Regarding claim 22: The combination of Jung and Draganic disclose the motor vehicle according to claim 18, but does not explicitly disclose wherein the sensor device comprises an electric circuit or winding arranged with respect to the electric motor in a position so as to be crossed by the variable magnetic field, such that the variable magnetic field induces an electric current corresponding to the same variable magnetic field on the electric circuit, said electric current signal being a function of the induced electric current.
In analogous art regarding vehicle systems, Sharma disclose wherein the sensor device comprises an electric circuit or winding arranged with respect to the electric motor in a position so as to be crossed by the variable magnetic field, such that the variable magnetic field induces an electric current corresponding to the same variable magnetic field on the electric circuit, said electric current signal being a function of the induced electric current. (¶0039-0040)
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of wherein the sensor device comprises an electric circuit or winding arranged with respect to the electric motor in a position so as to be crossed by the variable magnetic field, such that the variable magnetic field induces an electric current corresponding to the same variable magnetic field on the electric circuit, said electric current signal being a function of the induced electric current, as disclose by Sharma, to the system of the combination of Jung and Draganic. The motivation is to ensure a proper functioning of the motor and provide the necessary magnetic parameters.
Regarding claim 23: The combination of Jung, Draganic and Sharma disclose the motor vehicle according to claim 22, wherein the emitting device comprises an acoustic amplifier configured to process or amplify said electric current, thereby providing as an output said electric current signal. (Sharma: ¶0039-0040)
Regarding claim 24: The combination of Jung, Draganic and Sharma disclose the motor vehicle according to claim 22, wherein the electrical circuit comprises at least one coil wound around a first axis and preferably facing the electric motor. (Sharma: ¶0039-0040)
Regarding claim 25: The combination of Jung, Draganic and Sharma disclose the motor vehicle according to claim 24, wherein the electric motor comprises a stator or a rotor defining a seat for housing the coil, wherein the coil is arranged within the seat. (Sharma: ¶0039-0040)
Claim(s) 31-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2020/0184946) in view of Draganic (US 2015/0199955) and further in view of De Cesaris et al. (US 2021/0280163)
Regarding claim 31: The combination of Jung and Draganic disclose the motor vehicle according to claim 3, but does not explicitly disclose wherein the signal processing unit is configured to filter the transduced signal by one or more frequency-based filters in a cascade.
In analogous art regarding vehicle sound generation, De Cesaris disclose wherein the signal processing unit is configured to filter the transduced signal by one or more frequency-based filters in a cascade (Fig. 1-2, ¶0110-¶0111: Notice Cascade configuration as a combination of filter 131,132, 133 connected to each other modifying the signal in a particular way, hence cascade filter).
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of wherein the signal processing unit is configured to filter the transduced signal by one or more frequency-based filters in a cascade, as disclose by De Cesaris, to the system of the combination of Jung and Draganic since since having a limited universe of potential options (filtering configuration), the selection of any particular option (cascade) would have been obvious to one of ordinary skill in the art. In re Jones, 412 F.2d 241, 162 USPO 224 (COPA 1969). Since either option would provide the same predictable result of (filtering the signal), either option would have been obvious to one of ordinary skill.
Regarding claim 32: The combination of Jung and Draganic disclose the motor vehicle according to claim 3, but does not explicitly disclose wherein the signal processing unit is further configured to amplify an amplitude of the filtered first signal by one or more gains.
In analogous art regarding engine sound simulator, De Cesaris disclose wherein the signal processing unit is further configured to amplify an amplitude of the filtered first signal by one or more gains (¶0113).
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of wherein the signal processing unit is further configured to amplify an amplitude of the filtered first signal by one or more gains, as disclose by De Cesaris, to the system of Jung and Draganic. The motivation is to make the sound more robust and clear.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In regards to the Jung argument where the applicant stated that the signal acquired are not used as signals sources but to control parameters intended to govern synthesis or modulation of acoustic content that already exist in contrast with the claimed invention that the audio content is directly from physical phenomena detected on the electric axle through a dedicated transducer
Examiner respectfully disagrees: In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the audio content is directly from physical phenomena detected on the electric axle through a dedicated transducer) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
The prior art made of record cited in the PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR CASILLASHERNANDEZ whose telephone number is (571)270-5432. The examiner can normally be reached Monday-Friday, 8:30AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR CASILLASHERNANDEZ/ Primary Examiner, Art Unit 2689
