DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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) 1-25 are rejected under 35 U.S.C. 103 as being unpatentable over Dudar (US 2018/0222384) in view of Baalu et al (US 2014/0056438) and Tischer (US 2006/0074645).
Claim 1. (Currently Amended) Dudar teaches a system for managing media playback in vehicles, the system comprising one or more external computing devices associated with a processor and a memory for executing computer-executable instructions to implement a processing component, (Dudar: [0014]: Example methods, apparatus and computer readable media disclosed herein include an external speaker positioned along an exterior surface of a vehicle (e.g., an electric vehicle, a hybrid-electric vehicle, etc.) that is to emit media audio when an ignition switch of the vehicle is in an accessory position and is to emit simulated engine noise when the ignition switch is in an on position. For example, the external speakers disclosed herein emit the media audio when the vehicle is parked to entertain and/or inform people located nearby the vehicle (e.g., while picnicking, tailgating, gardening, etc.) and emit the simulated engine noise when the vehicle is being propelled quietly by an electric engine to audibly alert nearby pedestrians to the vehicle]) wherein the processing component is configured to:
obtain a selection of a local media application for playback of selected media; (Dudar: The speakers may present media audio (e.g., radio, streamed music, audio books, podcasts, etc.) to the occupants for entertainment purposes as the driver is operating the vehicle. Additionally, the speakers may audibly present directions to the driver and/or present audio from a telephonic conversation of an occupant located in the cabin of the vehicle, [0012]. “media audio” refers to audio that provides listeners with information. Example media audio includes audible music, discussions, stories, messages, warnings, etc, [0016]”.
cause instantiation of an external speaker media application, wherein the external media application is distinct from an internal speaker media application and is configured to generate output signals for an external speaker system of a vehicle, and wherein the processing component is configured to independently control the external speaker media application and the internal speaker media application;
While Dudar, as also seen above, discusses, “ “external speaker” refers to a speaker of a vehicle that is positioned and/or oriented to emit sound outside of and away from a cabin of the vehicle. As used herein, an “internal speaker” refers to a speaker of a vehicle that is positioned and/or oriented to emit sound within a cabin of the vehicle. As used herein, an “ignition switch” refers to a switch of a vehicle that activates an engine and/or electrical systems of the vehicle, [0015]”. OR the display 124 is a touch screen that haptically receives a selection of media audio from one or more occupants of the vehicle 100. Further, the infotainment head unit 122 includes an internal speaker 126 that is positioned within the cabin 114 of the vehicle 100 to present audio (e.g., media, instructions, messages, telephonic conversations, etc.) to occupants in the cabin 114 of the vehicle 100, [0025].
Dudar does not explicitly detail “external media application is distinct from an internal speaker media application”. However, Dudar does discuss the independent control of each speaker media application, it is obvious that they are distinct. To support this “distinct” nature,
Baalu: [0018]: different speakers may be configured to generate different sounds. For example, one or more external speakers may be configured to generate engine sounds in response to sound signals synthesized by the vehicle sound synthesis system 200. Additionally, or alternatively, one or more internal speakers may be configured to generate other sounds such as, for example, in response to sound signals generated by the audio system 104 (such as music). In this manner, the sounds projected outside of the passenger cabin may be different than the sounds projected within the passenger cabin. This may enable the sounds projected outside of the passenger cabin to be configured to alert pedestrians and/or occupants of other vehicles to the presence of the vehicle 100.
access the selected media; (Dudar: The speakers may present media audio (e.g., radio, streamed music, audio books, podcasts, etc.) to the occupants for entertainment purposes as the driver is operating the vehicle, [0012, 0016])
determine synchronization configuration associated with playback of the selected media, wherein the synchronization configuration is configured to facilitate concurrent playback of the external speaker media application and the internal speaker media application; (Baalu: [0017] Any of the speakers 108 may be driven to produce sound waves corresponding to sound signals generated by the vehicle sound synthesis system 200. The external speakers may be driven to produce sound waves that are audible outside or external to the vehicle 100. The sound waves that are audible outside of the vehicle 100 may be audible or inaudible to occupants inside of the vehicle 100. In one example, sound waves emitted by the external speakers may be used to vibrate portions of the motor compartment and/or the trunk compartment of the vehicle 100. Additionally, or alternatively, electromagnetic shaker panels may be used in place of or in combination with the speakers 108. This may provide a more realistic vehicle sound to pedestrians, occupants of surrounding vehicles, and/or occupants inside the vehicle 100 by producing simulated vehicle sounds associated with vehicle components vibrating with operation of a desired engine type). Similarly, Tischer teaches, “[0028] The audio system 230 may also be electrically connected to external speakers 206 and 208 or any number and placement of additional speakers. Ideally, different recordings within a vehicle sound font are simultaneously transmitted through separate channels to different speakers located within vehicle 202 at locations corresponding to the locations of recorded vehicle 102 where the recordings were made. For example, vehicle sound font 112, shown in FIG. 1B includes recordings made near the engine, near the exhaust pipe, and in the passenger compartment. The recordings from vehicle sound font 112 may be simultaneously played back in playback vehicle 202 such that the audio from the engine recording is sent through a channel corresponding to external speakers 206, audio from the exhaust pipe location is sent through a channel corresponding to external speakers 208, and audio from the passenger compartment is sent through a channel corresponding to internal speakers 204. OR [0032]: the driver chooses to play the recording associated with the passenger compartment. It is to be understood that the driver may choose simultaneous playback of multiple recordings at different speakers or to mix the three recordings by simultaneously playing back all three recordings through all of the speakers. Additionally, one skilled in the art will appreciate that audio from the radio, CD player, or tape player of the car audio system 230 may continue to be played through the speakers 204 while the vehicle sound font is played so that the audio from the two sources is mixed or played through separate speakers using separate audio channels, allowing the driver to continue to listen to music while simultaneously hearing the simulated engine sounds from the vehicle sound font playback system 212; and
generate the playback in accordance with the synchronization configuration. (Baalu: [0027] The output device 290 may be configured to produce sound waves corresponding to the vehicle sound signal synthesized by the vehicle sound synthesis device 210. To that end, the output device 290 may include a loudspeaker and/or a shaker panel as described earlier with reference to the speakers 108 of the vehicle 100. In one example, the output device 290 may be configured to produce sound waves audible to pedestrians and/or occupants of surrounding vehicles. To that end, the output device 290 may include one or more external speakers such as, for example, the right front external speaker, the left front external speaker, the right rear external speaker, and/or the left rear external speaker of the vehicle 100);
Therefore it would have been obvious to the ordinary artisan before the effective filing date to incorporate the teaching of Baalu and/or Tischer into the teaching of Dudar for the purpose of producing sound waves corresponding to the synthesized vehicle sound signal and audible in a variety of ambient conditions to alert pedestrians and/or occupants of other vehicles to the presence of the vehicle generating the sound. And/or customizing the sound of an automobile by offering an automobile driver the flexibility of altering the sound of his engine to mimic potentially limitless other engine sounds and to share these sounds and control over them between multiple vehicles.
Independent claims 10 and 19. (Please see claim 1).
Claims 2, 11 and 20, wherein selection of the local media application corresponds to selection via a mobile device associated with a user. (Dudar: to receive a selection of media audio and/or a message from the mobile device 120 that is to be presented via the external speaker 102 of the vehicle 100, [0024]).
Claims 3, 12 and 21, wherein the playback of selected media through the selected external speaker system is coordinated such that media playback also occurs through an internal speaker system of the vehicle, the internal speaker system and the external speaker system synchronized as to the attributes of the playback, such as volume and playback speed, and timing, such as matching timing or offset. (Tischer: The processor 224 may monitor the spark frequency of the engine 210 of playback vehicle 202 and dynamically alter the playback speed of the player so that the frequency of the engine sounds from the recording being played corresponds to the spark frequency of the engine, [0036]).
Claim 4, 13 and 22, wherein the selection of the local media application includes receipt of dynamically created media. (Dudar: “media audio” refers to audio that provides listeners with information. Example media audio includes audible music, discussions, stories, messages, warnings, etc, [0016]).
Claims 5, 15 and 24, wherein the processing component accesses the selected media via a short-range radio communication channel. (Dudar: Near Field Communication (NFC), local area wireless network (including IEEE 802.11 a/b/g/n/ac or others), dedicated short range communication (DSRC), and Wireless Gigabit (IEEE 802.11ad), etc.). In some examples, the communication module 118 includes a wired or wireless interface (e.g., an auxiliary port, a Universal Serial Bus (USB) port, a Bluetooth® wireless node, etc.), [0026]).
Claims 6 and 16, wherein the processing component accesses the selected media via a shared storage location with an internal media generation application. (The current Specs, [0022], describes, “The network service 150 can implement network-based services and refers to a large, shared pool of network-accessible computing resources (such as compute, storage, or networking resources, applications, or services), which may be virtualized or bare-metal. The network service 150 can provide on-demand network access to a shared pool of configurable computing resources that can be programmatically provisioned and released in response to customer commands.”. Similarly, Dudar: [0025] Additionally, the vehicle 100 of the illustrated example includes an infotainment head unit 122 that provides an interface between the vehicle 100 and a user. The infotainment head unit 122 includes digital and/or analog interfaces (e.g., input devices and output devices) to receive input (e.g., selection of media audio) from and display information for the user(s). The input devices include, for example, a control knob, an instrument panel, a digital camera for image capture and/or visual command recognition, a touch screen, an audio input device (e.g., cabin microphone), buttons, or a touchpad, [0025]).
Claims 7 and 17, wherein the processing component access the selected media via a network connection. (Baalu: the weather device 240 may receive a signal indicative of the weather condition via an internet connection, a cellular communications network, a satellite based weather system, an AM or FM radio based weather system, a navigation system based weather system, or any other type of weather system. In one example, the weather device 240 may be included in the navigation device 230, [0021]).
Claims 8-9. The system as recited in claim 1, wherein the synchronization configuration corresponds to coordinated playback with at least one additional audio content generating component; wherein the at least one additional audio content generating component corresponds to an additional vehicle. (Tischer: A system according to an embodiment of the present invention provides a distinct advantage over present methods of customizing the sound of an automobile by offering an automobile driver the flexibility of altering the sound of his engine to mimic potentially limitless other engine sounds and to share these sounds and control over them between multiple vehicles, [0004]).
Claims 14 and 23, further comprising accessing selected media. (See the independent claims).
Claims 18 and 25, wherein the synchronization configuration corresponds to coordinated playback with at least one additional audio content generating component. (Tischer: one skilled in the art will appreciate that audio from the radio, CD player, or tape player of the car audio system 230 may continue to be played through the speakers 204 while the vehicle sound font is played so that the audio from the two sources is mixed or played through separate speakers using separate audio channels, allowing the driver to continue to listen to music while simultaneously hearing the simulated engine sounds from the vehicle sound font playback system 212, [0032]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 2/11/26 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.
Applicant stated/argued that Yoshikawa does not teach or suggest, at least, "determine synchronization configuration associated with playback of the selected media wherein the synchronization configuration is configured to facilitate concurrent playback of the external speaker media application and the internal speaker media application." The Office Action cites FIG. 3 and para. [0041] of Yoshikawa, which discusses that an information terminal (e.g., a smartphone) connects to a vehicle-mounted electronic apparatus that includes a TV receiving function, a media play function, a display, and a speaker in a space within a vehicle. This reinforces that Yoshikawa contemplates a media play function only for audio output inside the vehicle on a single audio processing path, not with facilitating concurrent playback of multiple media applications that are independently controlled by a processing component.
Wahlberg, Hetherington, Haulick, and Akama fail to cure the above deficiencies of Yoshikawa.
Examiner respectfully disagrees as examiner has produced the new references address the new amendment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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 PHUNG-HOANG J. NGUYEN whose telephone number is (571)270-1949. The examiner can normally be reached Reg. Sched. 6:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUNG-HOANG J NGUYEN/ Primary Examiner, Art Unit 2691