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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2021-162655, filed on 10/01/2021.
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 07/01/2024 and 11/17/2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Probst (DE3927840).
In regards to Claim 1, Probst teaches “a reference point or a reference line corresponding to a position of a sound source in a real world (Scale divisions begin at point W [i.e. reference point] corresponding to the location [i.e. position] of the sound source – [0014], Figure 2); and
an estimation point or an estimation line corresponding to a position in the real world where sound generated from the sound source is received (x is the distance of the sound source W from the immision point Pi [i.e. estimation point] – [0015], Figure 2),
the sound level estimating tool indicating that, when at least a part of the reference point or the reference line and at least a part of the estimation point or the estimation line are brought into contact with the map, sound generated from the sound source at a real position corresponding to a position on the map in contact with at least a part of the reference point or the reference line is received at a predetermined sound level at a real position corresponding to a position on the map in contact with at least a part of the estimation point or the estimation line (Figure 2 shows a map with commercial building with reference numeral 12 and residential buildings with reference numerals 13-16, and a street with reference numeral 10. Figure 2 shows the ruler 7 with point W and Pi on the map where W is the point corresponding to the location of the sound source and Pi is the immision point – [0014]-[0020], Figure 2).”
In regards to Claim 2, Probst discloses the claimed invention as detailed above. Probst further teaches “two or more of the estimation points or the estimation lines (Figure 1 shows a ruler with plural tick marks on either side of the ruler representing different scales),
each of the estimation points or the estimation lines corresponding to a respective one of the maps with different scales (Figure 1 shows a ruler with plural tick marks on either side of the representing different scales),
the sound level estimating tool indicating that, when at least a part of the reference point or the reference line and at least a part of the estimation point or the estimation line corresponding to one scale map among the maps with different scales are brought into contact with the one scale map, sound generated from the sound source at a real position corresponding to a position on the one scale map in contact with at least a part of the reference point or the reference line is received at a predetermined sound level at a real position corresponding to a position on the one scale map in contact with at least a part of the estimation point or the estimation line corresponding to the one scale map (Figure 2 shows a map with commercial building with reference numeral 12 and residential buildings with reference numerals 13-16, and a street with reference numeral 10. Figure 2 shows the ruler 7 with point W and Pi on the map where W is the point corresponding to the location of the sound source and Pi is the immision point – [0014]-[0020], Figure 2).”
In regards to Claim 3, Probst discloses the claimed invention as detailed above. Probst further teaches “two or more of the estimation points or the estimation lines (Figure 1 shows a ruler with plural tick marks on either side of the ruler representing different scales),
the sound level estimating tool indicating that, when at least a part of the reference point or the reference line and at least a part of the estimation points or the estimation lines are brought into contact with the map, sound generated from the sound source at a real position corresponding to a position on the map in contact with at least a part of the reference point or the reference line is received at a different sound level at a real position corresponding to a position on the map in contact with at least a part of each of the estimation points or the estimation lines (Figure 2 shows a map with commercial building with reference numeral 12 and residential buildings with reference numerals 13-16, and a street with reference numeral 10. Figure 2 shows the ruler 7 with point W and Pi on the map where W is the point corresponding to the location of the sound source and Pi is the immision point – [0014]-[0020], Figure 2).”
It is well understood in the art that the sound level changes based on distance from the source of the sound. This is evidenced by LumenLearning (LumenLearning.com, “Sound Intensity and Sound Level”, 04/13/2021, https://web.archive.org/web/20210413150724/https://courses.lumenlearning.com/suny-physics/chapter/17-3-sound-intensity-and-sound-level/) and HyperPhysics (Hyperphysics.phys-astr.gsu.edu, “Estimating Sound Levels with the Inverse Square Law”, 06/04/2007, https://web.archive.org/web/20070704194712/http://hyperphysics.phy-astr.gsu.edu/hbase/acoustic/isprob2.html).
In regards to Claim 4, Probst discloses the claimed invention as detailed above. Probst further teaches “two or more of the estimation points or the estimation lines (Figure 1 shows a ruler with plural tick marks on either side of the ruler representing different scales), the sound level estimating tool indicating that, when at least a part of the reference point or the reference line and at least a part of the estimation points or the estimation lines are brought into contact with the map, sound generated from the sound source at a real position corresponding to a position on the map in contact with at least a part of the reference point or the reference line is received at a predetermined sound level at a real position corresponding to a position on the map in contact with at least a part of each of the estimation points or the estimation lines, each of the estimation points or the estimation lines corresponding to a different sound level generated from the sound source at the real position corresponding to the position on the map in contact with at least a part of the reference point or the reference line (Figure 2 shows a map with commercial building with reference numeral 12 and residential buildings with reference numerals 13-16, and a street with reference numeral 10. Figure 2 shows the ruler 7 with point W and Pi on the map where W is the point corresponding to the location of the sound source and Pi is the immision point – [0014]-[0020], Figure 2).”
It is well understood in the art that the sound level changes based on distance from the source of the sound. This is evidenced by LumenLearning (LumenLearning.com, “Sound Intensity and Sound Level”, 04/13/2021, https://web.archive.org/web/20210413150724/https://courses.lumenlearning.com/suny-physics/chapter/17-3-sound-intensity-and-sound-level/) and HyperPhysics (Hyperphysics.phys-astr.gsu.edu, “Estimating Sound Levels with the Inverse Square Law”, 06/04/2007, https://web.archive.org/web/20070704194712/http://hyperphysics.phy-astr.gsu.edu/hbase/acoustic/isprob2.html).
In regards to Claim 5, Probst teaches “a reference point or a reference line corresponding to a position of a sound source in a real world (Scale divisions begin at point W [i.e. reference point] corresponding to the location of the sound source – [0014], Figure 2); and
two or more estimation points or estimation lines corresponding to positions in the real world where sound generated from the sound source is received (Figure 1 shows a ruler with plural tick marks on either side of the ruler representing different scales; x is the distance of the sound source W from the immision point Pi [i.e. estimation point] – [0015], Figure 2), the sound level estimating tool indicating that, when at least a part of the reference point or the reference line and at least a part of the estimation points or the estimation lines are brought into contact with the map, sound generated from the sound source at a real position corresponding to a position on the map in contact with at least a part of the reference point or the reference line attenuates by a predetermined sound level at a real position corresponding to a position on the map in contact with at least a part of each of the estimation points or the estimation lines (Figure 2 shows a map with commercial building with reference numeral 12 and residential buildings with reference numerals 13-16, and a street with reference numeral 10. Figure 2 shows the ruler 7 with point W and Pi on the map where W is the point corresponding to the location of the sound source and Pi is the immision point – [0014]-[0020], Figure 2).”
In regards to Claim 8, Probst teaches “bringing at least a part of the reference point or the reference line and at least a part of the estimation point or the estimation line into contact with a predetermined scale map (Scale divisions begin at point W [i.e. reference point] corresponding to the location of the sound source – [0014], Figure 2; x is the distance of the sound source W from the immision point Pi [i.e. estimation point] – [0015], Figure 2), to estimate that sound generated from the sound source at a real position corresponding to a position on the map in contact with at least a part of the reference point or the reference line is received at a predetermined sound level at a real position corresponding to a position on the map in contact with at least a part of the estimation point or the estimation line (Figure 2 shows a map with commercial building with reference numeral 12 and residential buildings with reference numerals 13-16, and a street with reference numeral 10. Figure 2 shows the ruler 7 with point W and Pi on the map where W is the point corresponding to the location of the sound source and Pi is the immision point – [0014]-[0020], Figure 2). “
In regards to Claim 9, Probst teaches “bringing at least a part of the reference point or the reference line and at least a part of the estimation line into contact with a predetermined scale map (Scale divisions begin at point W [i.e. reference point] corresponding to the location of the sound source – [0014], Figure 2; x is the distance of the sound source W from the immision point Pi [i.e. estimation point] – [0015], Figure 2), to estimate that sound generated from the sound source at a real position corresponding to a position on the map in contact with at least a part of a range including the reference point or the reference line surrounded by the estimation line is received at a predetermined sound level or more at a real position corresponding to a position on the map in contact with at least a part of the reference point or the reference line (Figure 2 shows a map with commercial building with reference numeral 12 and residential buildings with reference numerals 13-16, and a street with reference numeral 10. Figure 2 shows the ruler 7 with point W and Pi on the map where W is the point corresponding to the location of the sound source and Pi is the immision point – [0014]-[0020], Figure 2).”
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Probst in view of Hong (KR20110053025A).
In regards to Claim 6, Probst discloses the claimed invention as detailed above. Probst is silent with regards to the language of “wherein the sound level estimating tool has a plurality of faces, and on each of the plurality of faces, the reference point or the reference line and a plurality of the estimation points or the estimation lines corresponding to a predetermined map scale according to the face are described.”
Hong teaches “wherein the sound level estimating tool has a plurality of faces, and on each of the plurality of faces, the reference point or the reference line and a plurality of the estimation points or the estimation lines corresponding to a predetermined map scale according to the face are described (Figure 1 details a ruler with a plurality of faces with tick marks on the ruler).”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Probst to utilize the teaching of Hong of a ruler that has a plurality of faces where each face has a plurality of tick marks on it distinguishing amounts. The incorporation of the different scales as taught by Probst onto the ruler with plurality of faces by Hong is an improvement that yields predictable results when measuring points on map.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Probst in view of Sanz (EP0513464A1).
In regards to Claim 7, Probst discloses the claimed invention as detailed above in Claim 1. Probst is silent with regards to the language of “wherein the estimation line is a circle or an arc centered on the reference point, and the sound level estimating tool has a semicircular shape or a fan shape.”
Sanz teaches “wherein the estimation line is a circle or an arc centered on the reference point, and the sound level estimating tool has a semicircular shape or a fan shape (Figure 2 represents another version in which the scale can be presented, the variant consisting in that it presents six concentric circles made on its surface which correspond however to four differentiated scales arranged along two diameters arranged orthogonally although obliquely, by defining an X from the position of the observer. - [0027]; Figure 3 represents another possible definition of the circular scale in which, on the circular surface (1), six concentric circles separated by proportional radii are defined; parallel to this, on the rectangular input surface (2) are mentioned eight scales - [0028]).”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Probst to incorporate the teaching of Sanz to use a circular scale ruler rather than a linear scale ruler. By utilizing a circular scale this is an improvement that yields predictable results for the evaluation of distances on a map.
Conclusion
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/YOSSEF KORANG-BEHESHTI/Primary Examiner, Art Unit 2857
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