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 .
This communication is in response to amendments filed on 04/01/20206.
In the application claims 1-20 are pending.
Applicant’s argument’s with respect to the prior art rejections were fully considered; however, the arguments are moot in view of the new grounds of rejections.
Applicant’s arguments with respect to claim interpretation of “communication interface” were fully considered; however, the arguments were not persuasive. First, CAN/LIN transceivers or network interface controller are not simply known as “Communication interface.” There is no evidence to support such declaration. Even if, CAN/LIN transceivers or network interface controller are not simply known as “Communication interface” <<strictly arguendo>> specification does not discuss CAN/LIN transceivers or network interface controller. The claimed “communication interface” is a generic placeholders (prong A) followed by a functional language “configured to receive… signal … information” (prong B) that does not provide sufficient structure (prong C) for the claimed placeholders, and therefore, satisfies the three prong test (A, B, and C) for determining claim interpretation under statute 35 USC § 112 (f), See MPEP § 2181.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a communication interface configured to receive, from an electronic control unit (ECU) in a vehicle, driving information…” in claim 15 is interpreted to be, “[t]he communication module 110 may receive, from the sensors and/or the ECU mounted on the vehicle, driving information that includes a brake operation on/off status, a brake cylinder pressure, a vehicle longitudinal/lateral acceleration, a vehicle speed, gear values (P, R, N, and D), a steering angle, a steering angular velocity, a motor torque, wheel speeds (for 4 front/rear wheels), an engine RPM and torque, an e-corner module driving mode, an in-wheel motor torque, whether an anti-lock brake system (ABS) is in operation, component operation information” See ¶ 0044.
The claimed “communication interface” is a generic placeholders (prong A) followed by a functional language “configured to receive… signal … information” (prong B) that does not provide sufficient structure (prong C) for the claimed placeholders, and therefore, satisfies the three prong test (A, B, and C) for determining claim interpretation under statute 35 USC § 112 (f), See MPEP § 2181.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Valeri (US 9,928,027 B1), in view of Loh (US 2021/0343268 A1), and further in view of JJoshi (US 2024/0203443 A1).
Consider claim 1, Valeri teaches, a system for controlling virtual sound for a vehicle, Valeri teaches, “system comprises a memory for storing a plurality of unique sound profiles, and a processor communicatively coupled to the memory. The processor receives an identification (ID) for the mobile platform, a driving mode, and references the memory using the ID and driving mode to select a sound profile.” See abstract, comprising:
one or more processors (100) configured to execute instructions; and a memory storing the instructions, wherein execution of the instructions configures the one or more processors, Valeri teaches, “processor 142 loads and executes one or more programs, algorithms and rules embodied as instructions and applications 152 contained within the memory 144 and, as such, controls the general operation of the control system 130 as well as the computer system of the control module 140.” See Col. 6 line 34 +, to:
determine whether a sound generation condition of a respective driving device matches the driving information, Valeri teaches, “the sound profiles are organized in a lookup table in which each sound profile is matched to an ID. In these embodiments, each sub-sound profile comprises (i) prerecorded sounds and may further include (ii) rules for the processor to generate commands to command the audio system 116 to generate sounds. The pre-recorded and generated sounds of each sound profile are further conditioned upon dynamically received engine status data, which enables a complete, dynamic sound profile that is dynamically responsive to engine status and perceived by a driver as very realistic. As mentioned, an exemplary expected sound is that of the RPMs of the crankshaft within the powertrain 108. In various embodiments, rules defining the generation of expected tones or sounds may comprise generation of an artificial RPM signal (i.e., a pseudo tachometer). These tones or sounds are blended together in a way that results in a complete sound profile that imitates the sound of the powertrain 108 in the vehicle 100.” Col. 9 line 11 +; and
responsive to determining that the respective driving device matches the driving information, output a device-specific virtual sound set corresponding to the respective driving device through a sound output device, Valeri teaches, “[w]hen the received ID/mode is found in the lookup table, the sound profile that matches is the selected sound profile. At 210, the processor 142 in the control module 140 receives sail status data. As mentioned above, the sail status data comprises one or more asserted flags that communicate when and whether the vehicle 100 is in sail (coasting). At 211, sail status and engine status input from the powertrain 108 or the sensor system 134 is processed to dynamically determine a relevant sound profile and sub-sound profile.” See col. 12 line 30+
With respect to, compare driving information with respective sound generation conditions individually defined for each of a plurality of driving devices including at least a steering device, a braking deice, or a suspension device, Valeri teaches, “audio system to emit expected sounds during engine sail. In doing so, the provided sound enhancement system references, during sail, a sound profile that selected to match an engine type and a user selected driving mode for a mobile platform. The selected sound profile is one of a plurality of stored sound profiles that each provide a combination of previously stored sounds and rules for generating sounds based on the engine status during sail. The provided sound enhancement system dynamically generates commands for the audio system responsive to the engine sail status and the engine status.” Col. 3 line 18 +; It is Examiner’s broadest reasonable interpretation in view of the specification 0045: the system may have “at least one of the determined driving device.” Valeri teaches, “references memory 144 to select a unique sound profile matched with the ID and driving mode.” Col. 11 line 1. Therefore, this implies comparing and matching the sound profile. Lastly, Valeri teaches to match profiles not only based on engine sound but also transmission system, “include sounds of gear engagements and transitions,” col. 8 line 50, the exhaust system “sounds produced by valved exhaust systems or turbo wastegates.” Col. 10 line 60. Therefore, this implies comparing and matching prior to outputting the sound profile. Valeri, does not explicitly state, “a plurality of driving devices including at least a steering device, a braking deice, or a suspension device” nonetheless, in an analogous art, Loh teaches, “a vehicle sound controlling apparatus may include storage storing a user-optimized volume value set by a driver and a processor calculating a first sound according to a vehicle speed when a vehicle is driving, a second sound according to braking, and a third sound according to a vehicle status during turning of the vehicle based on the stored volume value and to mix and output at least one of the first to third sounds.” See ¶ 0014, Loh teaches, “the processor may be configured to identify a steering angle, a lateral acceleration, a yaw-rate, or a wheel-speed signal transmitted from an electronic stability control (ESC) to determine a turning amount of the vehicle, and to output a turning sound differently depending on the determined turning amount” See ¶ 0022, Loh teaches, “communication device 110 receives signals from a plurality of sensors in the vehicle and then provides the signals to a virtual engine sound system” See ¶ 0051, Loh teaches, “it is possible to mix and store an engine pitch sound, a background sound, an auditory user interface (AUI), a sound and a sound for external pedestrians, and the like, by reflecting the speed/RPM of the electric vehicle in real time. Furthermore, the storage 120 stores a vehicle speed, a speed of each wheel (FL, FR, RL, or RR), a brake hydraulic volume, a motor torque, lateral g, longitudinal g, yaw-rate, steering angle, or the like and may store a preset value for each component for sound output.” See ¶ 0054, Loh teaches, “the state of the vehicle as sound depending on the driver's input (the manipulation of an accelerator pedal, a brake pedal, or a steering wheel) when the electric vehicle is driving and provides a virtual shift feeling of a vehicle using a virtual sound. That is, the present disclosure provides the vehicle information to the driver by acoustically expressing the sound distinction element according to the vehicle speed, the sound distinction element according to the brake/regenerative braking, and the division element according to the vehicle status during turning of the vehicle.” See ¶ 0072.
With respect to, responsive to determining that the respective driving device matches the driving information, simultaneously output different device-specific virtual sound sets corresponding to each respective driving device through the sound output device, Valeri teaches, “[w]hen the received ID/mode is found in the lookup table, the sound profile that matches is the selected sound profile. At 210, the processor 142 in the control module 140 receives sail status data. As mentioned above, the sail status data comprises one or more asserted flags that communicate when and whether the vehicle 100 is in sail (coasting). At 211, sail status and engine status input from the powertrain 108 or the sensor system 134 is processed to dynamically determine a relevant sound profile and sub-sound profile.” See col. 12 line 30+ Loh teaches, “it is possible to mix and store an engine pitch sound, a background sound, an auditory user interface (AUI), a sound and a sound for external pedestrians, and the like, by reflecting the speed/RPM of the electric vehicle in real time. Furthermore, the storage 120 stores a vehicle speed, a speed of each wheel (FL, FR, RL, or RR), a brake hydraulic volume, a motor torque, lateral g, longitudinal g, yaw-rate, steering angle, or the like and may store a preset value for each component for sound output.” See ¶ 0054, Loh teaches, “the state of the vehicle as sound depending on the driver's input (the manipulation of an accelerator pedal, a brake pedal, or a steering wheel) when the electric vehicle is driving and provides a virtual shift feeling of a vehicle using a virtual sound. That is, the present disclosure provides the vehicle information to the driver by acoustically expressing the sound distinction element according to the vehicle speed, the sound distinction element according to the brake/regenerative braking, and the division element according to the vehicle status during turning of the vehicle.” See ¶ 0072. “ the processor 140 calculates the sound for each vehicle speed, calculates the sound for each brake, or calculates the sound during turning, in consideration of a vehicle speed (kph), a wheel speed (FL, FR, RL, or RR), a brake (hydraulic volume), a motor torque, lateral g, longitudinal G, Yaw-rate, steering angle, or the like, which is provided in the vehicle; accordingly, the processor 140 generates the mixed sound in consideration of various factors during the driving and then calculates the sound.” See ¶ 0058. One would argue that processor is processing different device-specific virtual sound sets corresponding to each respective driving device and mixing them to sound simultaneously, nonetheless, in an analogous art, JJoshi teaches, “systems and methods described herein may be used by, without limitation, non-autonomous vehicles or machines, semi-autonomous vehicles or machines (e.g., in one or more advanced driver assistance systems (ADAS)), autonomous vehicles or machine” See ¶ 0020, JJoshi teaches, “provide for the improvement or enhancement in quality of audio, such as through machine learning-based audio super-resolution processing.” See ¶ 0022, JJoshi teaches, “generate an output audio signal, in the time domain as an audio waveform, at a second frequency that is higher than the first input frequency and includes audio data at the one or more higher frequency bands. The efficient and lightweight nature of this enhancement process also supports batch processing in various embodiments, whereby a processing unit such as a GPU can perform concurrent enhancement of multiple audio streams in parallel.” See ¶ 0037, JJoshi teaches, “the first audio data is received in a first audio stream, and wherein a batch of audio streams including the first audio stream is to be processed in parallel using one or more GPUs.” See ¶ 0160.
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 Valeri-Loh, and parallel process the sounds related to “each vehicle speed, calculates the sound for each brake, or calculates the sound during turning” of Loh as suggested by JJoshi in an effort to, “to enhance the quality of the audio before providing a presentation of that audio.” See ¶ 0026.
Consider claim 5, the system according to claim 1, wherein the processors are further configured to: select one or more sound output devices to output respective virtual sounds based on a sound output allocation table; and output the respective virtual sounds through the one or more selected sound output devices, Valeri teaches, “sound profiles are unique and may be organized and stored using a mobile platform identification, or vehicle identification (ID), which is a tag that distinguishes one mobile platform from another based on any combination of distinguishing features, such as engine type, transmission type, cabin type, mobile platform model, and the like. In an embodiment, the sound profiles are organized in a lookup table in which each sound profile is matched to an ID.” Col. 9 Line 5 +.
Claim(s) 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Valeri (US 9,928,027 B1), in view of Loh (US 2021/0343268 A1), in view of JJoshi (US 2024/0203443 A1), and further in view of MacNeille (US 2017/0358203 A1).
Consider claim 2, the system according to claim 1, wherein the processors are further configured to:
responsive to a determination that two or more driving devices include respective sound generation conditions that match the driving information as matching driving devices, Valeri teaches, “each sensor of the plurality of sensors is specifically coupled to a component or subsystem of the vehicle 100 and configured to sense a specific aspect of the component or subsystem.” Col 5 lines 47+, a sound profile may be a combination of sounds that a user expects to hear when an all-combustion engine (i.e., a non-electric engine) is coasting. Likewise, the entering sail and stopping sail sounds may also be a combination of sounds that a user expects to hear when an all-combustion engine (i.e., a non-electric engine) is starting to coast or stopping coasting.” Col. 8 line 52+
With respect to control a respective virtual sound set for each of the matching driving devices while outputting a respective virtual sound for each of the matching driving devices, in an analogous art, MacNeille teaches, “producing a first sound at a first frequency range from a first sound generator located at a front of the vehicle. The method also includes producing a second sound at a second frequency range from a second sound generator located under the vehicle.” See ¶ 0004. MacNeille teaches, “adjust the acoustic characteristics of the first and second sounds based on vehicle motion data.” See ¶ 0005. MacNeille teaches, “vehicle 100 includes at least two sound generators 110a and 110b. The sound generators 110a and 110b communicatively couple to the sound control unit 114. One of the sound generators 110a is located at the front of the vehicle 100. The front sound generator 110a produces a high frequency sound (e.g., 1280 Hz to 20,480 Hz). Another one of the sound generators 110b is located under the vehicle 100 and is directed to use the space between the vehicle 100 and the roadway as a resonance chamber. The lower sound generator 110b produces a low frequency sound (e.g., 20 Hz to 1280 Hz).” See ¶ 0022.
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 Valeri-Loh-JJoshi and have two sound generators 110a and 110b… communicatively couple to the sound control unit 114… generator 110a produces a high frequency sound (e.g., 1280 Hz to 20,480 Hz)… generators 110b produces a low frequency sound (e.g., 20 Hz to 1280 Hz) and adjust the acoustic characteristics of the first and second sounds based on vehicle motion data, based on the revolutions per minute (RPM) of the engine or motor, in an effort “to emit a minimum amount of noise to provide acoustic information to pedestrians”. See ¶ 0013.
Consider claim 3, the system according to claim 2, wherein the processors are further configured to: tune respective frequencies, based on a respective, predetermined priority for driving device. Examiner takes Official Notice that it is well known in the prior art to give priority seat belt warning and other important alert over the simulated engine sound.
Consider claim 4, the system according to claim 2, wherein the processors are further configured to: control one or more of a frequency and a volume of a respective virtual sound based on respective frequency characteristics and a respective level of operating noise incurred by the driving devices, Valeri teaches, “a sound profile may be a combination of sounds that a user expects to hear when an all-combustion engine (i.e., a non-electric engine) is coasting. Likewise, the entering sail and stopping sail sounds may also be a combination of sounds that a user expects to hear when an all-combustion engine (i.e., a non-electric engine) is starting to coast or stopping coasting.” Col. 8 line 52+ Valeri teaches, “the sound profiles are organized in a lookup table in which each sound profile is matched to an ID. In these embodiments, each sub-sound profile comprises (i) prerecorded sounds and may further include (ii) rules for the processor to generate commands to command the audio system 116 to generate sounds. The pre-recorded and generated sounds of each sound profile are further conditioned upon dynamically received engine status data, which enables a complete, dynamic sound profile that is dynamically responsive to engine status and perceived by a driver as very realistic. As mentioned, an exemplary expected sound is that of the RPMs of the crankshaft within the powertrain 108. In various embodiments, rules defining the generation of expected tones or sounds may comprise generation of an artificial RPM signal (i.e., a pseudo tachometer). These tones or sounds are blended together in a way that results in a complete sound profile that imitates the sound of the powertrain 108 in the vehicle 100.” See Col. 9 lines 11+. MacNeille teaches, “vehicle 100 includes at least two sound generators 110a and 110b. The sound generators 110a and 110b communicatively couple to the sound control unit 114. One of the sound generators 110a is located at the front of the vehicle 100. The front sound generator 110a produces a high frequency sound (e.g., 1280 Hz to 20,480 Hz). Another one of the sound generators 110b is located under the vehicle 100 and is directed to use the space between the vehicle 100 and the roadway as a resonance chamber. The lower sound generator 110b produces a low frequency sound (e.g., 20 Hz to 1280 Hz).” See ¶ 0022. MacNeille teaches, “the sound control unit 114 may change amplitudes of certain frequency ranges based on the revolutions per minute (RPM) of the engine or motor. As another example, the sound control unit 114 may change the amplitudes of certain frequency ranges based on a measured braking force and/or a measured acceleration.” See ¶ 0024.
Claim(s) 6-14 are rejected under 35 U.S.C. 103 as being unpatentable over Valeri (US 9,928,027 B1), in view of Loh (US 2021/0343268 A1), in view of MacNeille (US 2017/0358203 A1), and further in view of Kleiss (US 20130238314 A1).
Consider claim 6, a system for controlling virtual sound for a vehicle, Valeri teaches, “system comprises a memory for storing a plurality of unique sound profiles, and a processor communicatively coupled to the memory. The processor receives an identification (ID) for the mobile platform, a driving mode, and references the memory using the ID and driving mode to select a sound profile.” See abstract, comprising:
one or more processors configured to execute instructions, and
a memory storing the instructions, wherein execution of the instructions configures the one or more processors, See rejection of claim 1, to:
obtain driving information during operation of a vehicle system, Valeri teaches, “receiving, by a processor, a driving mode” col.1 line 64+, Loh teaches, “the vehicle sensor provided in the vehicle may include at least one of a global positioning system (GPS) sensor, a gyro sensor, an acceleration sensor, a G sensor, or a yaw-rate sensor. Moreover, the vehicle sensor may include a driving/braking/turning device and module (unit) for calculating a vehicle state. The vehicle sensor may include a state calculation device for identifying a vehicle speed, a speed of each wheel (FL, FR, RL, or RR), a brake hydraulic volume, a motor torque, lateral g, longitudinal g, yaw-rate, steering angle,” See ¶ 0052;
determine, based on the driving information, a specific vehicle system in operation, Valeri teaches, “reference the memory using the driving mode and ID to select a sound profile for the id; receive engine status data and sail status data for the engine” Col 2 line 15+, Loh teaches, “ the processor 140 may update/manage the sound setting value set by the user in consideration of the speed, braking, and turning of the vehicle. That is, the processor 140 calculates the sound for each vehicle speed, calculates the sound for each brake, or calculates the sound during turning, in consideration of a vehicle speed (kph), a wheel speed (FL, FR, RL, or RR), a brake (hydraulic volume), a motor torque, lateral g, longitudinal G, Yaw-rate, steering angle,” See ¶ 0058;
control a virtual sound based on driving information during an operation of a vehicle system; and output the virtual sound through the a sound output device, See rejection of claim 1.
With respect to, control a frequency of a virtual sound for the determined specific vehicle system based on the driving information; and output the virtual sound at the controlled frequency through a sound output device, Loh teaches, “the vehicle sound system is configured to organize a profile for the booming sound of an engine and to transform and output a frequency such that the distinction is possible such as 10 Hz at about 20 kph and 100 Hz at about 200 kph” see ¶ 0074, Loh teaches, “the vehicle sound system is configured to transform and output a frequency corresponding to the vehicle speed into the frequency of 100 Hz at about 200 kph, the frequency of 10 Hz at about 20 kph, or the like by changing a timbre during deceleration” See ¶ 0075, in an analogous art, MacNeille teaches, “producing a first sound at a first frequency range from a first sound generator located at a front of the vehicle. The method also includes producing a second sound at a second frequency range from a second sound generator located under the vehicle.” See ¶ 0004. MacNeille teaches, “adjust the acoustic characteristics of the first and second sounds based on vehicle motion data.” See ¶ 0005. MacNeille teaches, “vehicle 100 includes at least two sound generators 110a and 110b. The sound generators 110a and 110b communicatively couple to the sound control unit 114. One of the sound generators 110a is located at the front of the vehicle 100. The front sound generator 110a produces a high frequency sound (e.g., 1280 Hz to 20,480 Hz). Another one of the sound generators 110b is located under the vehicle 100 and is directed to use the space between the vehicle 100 and the roadway as a resonance chamber. The lower sound generator 110b produces a low frequency sound (e.g., 20 Hz to 1280 Hz).” See ¶ 0022. MacNeille teaches, “based on the revolutions per minute (RPM) of the engine or motor.” See ¶ 0024.
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 Valeri-Loh and have two sound generators 110a and 110b… communicatively couple to the sound control unit 114… generator 110a produces a high frequency sound (e.g., 1280 Hz to 20,480 Hz)… generators 110b produces a low frequency sound (e.g., 20 Hz to 1280 Hz) and adjust the acoustic characteristics of the first and second sounds based on vehicle motion data, based on the revolutions per minute (RPM) of the engine or motor, in an effort “to emit a minimum amount of noise to provide acoustic information to pedestrians”. See ¶ 0013.
With respect to, tuning the frequency higher when the specific vehicle system has a high priority relative to another vehicle system in operation, in an analogous at, Loh teaches, “the vehicle sound system has a specific sound profile with respect to vehicles based on motor driving; the vehicle sound system receives the vehicle speed signal and then changes the same sound into low frequency at the low vehicle speed or high frequency at the high vehicle speed; accordingly, the vehicle sound system is configured to output the changed sound through a speaker” nonetheless, in an analogous art, Kleiss teaches, “generate a similar high-frequency sound when an urgent condition is detected… which is output as the audible indication.” See ¶ 0004, Kleiss teaches, “a high frequency sound may indicate that urgent or immediate action is required. Whereas, a low frequency sound may indicate that a [situation] needs to be monitored.” See ¶ 0072, Kleiss teaches, “Because each sound has multiple properties, humans may listen to multiple properties simultaneously. Therefore, each sound can communicate at least two pieces of information to the clinician. For example, a first audible indication may have a first frequency and a first tone indicating that an urgent action is indicated at the heart monitor. Moreover, a second different audible indication may have the first frequency and a second tone indicating that an urgent action is indicated by the respiratory monitor, etc.” See ¶ 0073.
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 or combination of Valeri-Loh-MacNeille tuning the frequency higher when the specific sounds that have a high priority relative to sounds in operation in an effort to provide effective alertness and feedback to the end-user.
Consider claim 7, the system according to claim 6,
wherein the processors are further configured to:
determine a driving mode based on the driving information; and output a virtual sound set for the determined driving mode type through the sound output device, Valeri teaches, “receiving, by a processor, a driving mode; selecting a unique sound profile from a memory based on processing the driving mode with an identification (ID) for the mobile platform,” See Col 1 line 64+
Consider claim 8, the system according to claim 7, wherein the processors are further configured to:
control a frequency of a virtual sound set for the determined driving mode type based on input factors, and output the virtual sound at the controlled frequency through the sound output device, Valeri teaches, “the provided sound enhancement system references, during sail, a sound profile that selected to match an engine type and a user selected driving mode for a mobile platform.” Col. 3 line 19 + and MacNeille teaches control of frequency, See ¶ 0022.
Consider claim 9, the system according to claim 7, wherein the processors are further configured to: control one or more of a frequency and a volume of a respective virtual sound based on one or more frequency characteristics and an operating noise level of the vehicle, See rejection of claim 4.
Consider claim 10, the system according to claim 6, wherein the processors are further configured to: control a volume of the virtual sound to output the virtual sound at a volume corresponding to operating noise level of the vehicle, See rejection of claim 4.
Consider claim 11, the system according to claim 10, wherein the processor is further configured to: obtain an input factor in response to an actuation of the vehicle system from the driving information; and control the frequency of the virtual sound based on the obtained input factor, See rejection of claim 8.
Consider claim 12, the system according to claim 6, wherein the vehicle system comprises a braking system, and wherein the processors are further configured to: obtain an input factor in response to an actuation of a braking system from the driving information; and control the frequency of the virtual sound based on the obtained input factor, See rejection of claim 8.
Consider claim 13, the system according to claim 12, wherein the processors are further configured to: control a volume of the virtual sound to output the virtual sound corresponding to a noise level of an operating noise of the braking system, See rejection of claim 4.
Consider claim 14, the system according to claim 10, wherein the processors are further configured to: change the virtual sound set for an input factor in response to an actuation of the vehicle system to a sound source selected by a user; and output the changed sound source as a virtual sound, See rejection of claim 8.
Claim(s) 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Valeri (US 9,928,027 B1), in view of Loh (US 2021/0343268 A1), in view of MacNeille (US 2017/0358203 A1), and further in view of Tani (US 2023/0098125 A1).
Consider claim 15, a system for controlling virtual sound for a vehicle, Valeri teaches, “system comprises a memory for storing a plurality of unique sound profiles, and a processor communicatively coupled to the memory. The processor receives an identification (ID) for the mobile platform, a driving mode, and references the memory using the ID and driving mode to select a sound profile.” See abstract, comprising:
a communication interface configured to receive, from an electronic control unit (ECU) in the vehicle, Valeri teaches, “[t]he bus 150 serves to transmit programs, data, status and other information or signals between the various components of the computer system of the control module 140. The bus 150 can be any suitable physical or logical means of connecting computer systems and components. This includes, but is not limited to, direct hard-wired connections, fiber optics, infrared and wireless bus technologies.” Col 7 line 26+; driving information including a component operation signal and information indicating a type of an operating component, Valeri teaches, “each sensor of the plurality of sensors is specifically coupled to a component or subsystem of the vehicle 100 and configured to sense a specific aspect of the component or subsystem. In various embodiments, aspects of components and subsystems that are sensed include: electrical, pressure, and/or mechanical connection of the components and subsystems, temperature, vibration, and velocity… The transceiver 136 can enable the control module 140 to establish and maintain the communications links to onboard components and external communication sources, including wireless communication… the control module 140, the control system 130 receives inputs from any combination of (i) the user input device 112, (ii) the audio system 116, (iii) the powertrain 108, and (iv) the sensor system 134. The control system 130 processes the inputs, and performs tasks to command the audio system 116 and the tactile system 118, as appropriate, based thereon.” Col. 5 lines 47+ Loh teaches, “the processor may be configured to identify a signal transmitted from a vehicle speed sensor for sensing a speed of the vehicle, an accelerator position sensor (APS) for sensing an operation on state and an operation amount of an accelerator pedal, a brake pedal position sensor (BPS) for sensing an operation on state and an operation amount of a brake pedal to determine acceleration/deceleration of the vehicle and to output an acceleration sound or a deceleration sound depending on the determined acceleration/deceleration.” See ¶ 0016, Loh teaches, “the processor may be configured to identify a steering angle, a lateral acceleration, a yaw-rate, or a wheel-speed signal transmitted from an electronic stability control (ESC) to determine a turning amount of the vehicle, and to output a turning sound differently depending on the determined turning amount” See ¶ 0022,
one or more processors configured to execute instructions; and
a memory storing the instructions,
wherein execution of the instructions configures the one or more processors to:
determine, based on the component operation signal, a sound generation condition corresponding to the operating component, See rejection of claim 1;
output a virtual sound corresponding to component operation noise incurred by the operating component through a sound output device, Valeri teaches, “Since different engines 110 generally emit different sounds, the different engines 110 (i.e., a six cylinder or an eight cylinder, a manual transmission, or an automatic transmission) may be expected to have correspondingly different sound profiles. Further, a sound profile may be a combination of sounds that a user expects to hear when an all-combustion engine (i.e., a non-electric engine) is coasting. Likewise, the entering sail and stopping sail sounds may also be a combination of sounds that a user expects to hear when an all-combustion engine (i.e., a non-electric engine) is starting to coast or stopping coasting.” Col. 8 line 52+ Valeri teaches, “the sound profiles are organized in a lookup table in which each sound profile is matched to an ID. In these embodiments, each sub-sound profile comprises (i) prerecorded sounds and may further include (ii) rules for the processor to generate commands to command the audio system 116 to generate sounds. The pre-recorded and generated sounds of each sound profile are further conditioned upon dynamically received engine status data, which enables a complete, dynamic sound profile that is dynamically responsive to engine status and perceived by a driver as very realistic. As mentioned, an exemplary expected sound is that of the RPMs of the crankshaft within the powertrain 108. In various embodiments, rules defining the generation of expected tones or sounds may comprise generation of an artificial RPM signal (i.e., a pseudo tachometer). These tones or sounds are blended together in a way that results in a complete sound profile that imitates the sound of the powertrain 108 in the vehicle 100.” See Col. 9 lines 11+.
control a target frequency of a virtual sound corresponding to the operating component based on the driving information when the sound generation condition is satisfied, See rejection of claim 6; and
output, through a sound output device, the virtual sound at the controlled frequency corresponding to component operation noise incurred by the operating component, See rejection of claim 6.
With respect to, control the target frequency of a sound by applying a notch filter corresponding to a frequency characteristic of the operating component, in an analogous art, Tani teaches, “a vehicle approach notification system includes a filter; a notification sound controller which generates a signal corresponding to a notification sound for notifying of approaching of a vehicle, based on a sound signal obtained from a notification-sound sound source; and a setter which obtains vehicle information of the vehicle, and sets, according to the vehicle information, at least one of the notification-sound sound source to be used in generation of the notification sound, a filter property to be app lied to the filter,” See abstract. “notification sound controller 13 processes the sound signal based on the applied control parameter such that the frequency properties of the notification sound are controlled to desired properties” See ¶ 0065, Tani teaches, “Vehicle approach notification device 20 includes filter 24. Filter 24 is disposed between notification sound controller 23 and loudspeaker 100 … Notification sound controller 23 outputs the generated signal through filter 24 (specifically, through filter 24 and amplifier 25) to loudspeaker 100.” See ¶ 0105. Tani teaches, “Filter 24 may be configured with a notch filter, a band elimination filter, or a band-pass filter… by passing at least two one-third octave bands through a notch filter or a band elimination filter and attenuating the frequency band between the at least two one-third octave bands, a signal having at least two one-third octave bands can be formed. The frequency properties of the notification sound, the frequency properties of the sound signal obtained from the notification-sound sound source, and the filter properties when a notch filter is used” See ¶ 0107.
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 Valeri-Loh-MacNeille and include a notch filter to control frequency properties of the notification sound as suggested by Tani in an effort to attenuating the frequency band between the at least two one-third octave bands by using a cost effecting notch filter.
Consider claim 16, the system according to claim 15, wherein the component operation signal is a signal for a start and an end of a component operation, “wherein the unique sound profile comprises sounds for (i) sail, and at least one of (ii) entering sail and (iii) stop; receiving sail status data for the engine” See Col. 2 line 1+
Consider claim 17, the system according to claim 15, further comprising:
a storage device configured to store one or more of [[frequency]] characteristics for each component operation noise, a sound source, a virtual sound generation algorithm, a virtual sound generated using a pre-generated default virtual sound or a sound source selected by a user, and a sound output allocation table according to the virtual sound, See rejection of claims 4 and 8.
Consider claim 18, the system according to claim 15, wherein the virtual sound includes one or more of frequency characteristics for each component operation noise with a sound source and frequency characteristics of the component operation noise as an element of music to hide the component operation noise, See rejection of claim 4.
Consider claim 19, the system according to claim 15, wherein the processors are further configured to: load, from a storage device, a default virtual sound for the operating component based on one of the component operation signal and a virtual sound generated from a user selected sound source; and
select the sound output device from one or more sound output devices to output the default virtual sound through the selected sound output as specified in a sound output allocation table, See rejection of claim 8.
Consider claim 20, the system according to claim 19, wherein the sound output allocation table includes sound output allocation values indicating an effect in inducing the component operation noise to the sound source according to a predetermined value based on an installed position and a number of sound output devices for the vehicle, and wherein the sound output allocation table includes sound volume and equalizer information for each sound output, See rejection of claim 4.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Omer S. Khan whose telephone number is (571)270-5146. The examiner can normally be reached 10:00 am to 8:00 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian A. Zimmerman can be reached at 571-272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Omer S Khan/Primary Examiner, Art Unit 2686
Prosecution Insights