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 .
Status of Claims
Claims 1-4, 7-8, 12-13, 15 and 17-19 are rejected
Claims 5-6, 9-11, 14 and 16 are objected to
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter recited in 35 U.S.C. 101 (process, machine, manufacture, or composition of matter). For example, Claim 18 is directed to “a program”, and according to paragraphs [0008] and [0348] of the original specification, the applicant only mentioned “a program that causes a computer to perform a process”. However, under broadest reasonable interpretation (BRI), ‘a program’ generally encompasses both signals per se and software per se, which are indeed not patent-eligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-4, 7-8, 15 and 17-19 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Miura et al (US PUB 20210225356, hereinafter Miura).
Regarding Claim 1, Miura discloses an information processing device (e.g. sound generation device 1), (see at least the abstract and figure 1), comprising: a recognition unit that recognizes a state of a mobile object (e.g. a travel situation estimation unit 13 of a moving vehicle 2), and an output control unit (e.g. sound control unit 12) that controls outputting of an output sound for an occupant (see figures 1-2); the output sound including a mobile object state sound (e.g. the vehicle’s travel situation) including a moving sound indicating a change in a moving state (e.g. a change on acceleration) of the mobile object, and a trigger sound (e.g. a synthetic sound) to be output on a basis of a trigger based on the state of the mobile object, the output sound being output toward the occupant of the mobile object (e.g. the sound control unit 12 generates synthetic sound signal Ss that is based on changes in acceleration or number of revolutions of the vehicle’s motor, and output the synthetic sound to the occupant of the vehicle via the speaker 20), (see Miura, [0018], [0020]-[0023], [0026]-[0027], and [0034]-[0038], also figures 3 and 4A-4B).
Regarding claim 2, Miura discloses the information processing device according to claim 1, wherein the mobile object includes a vehicle (e.g. vehicle 2), (see figure 1), and the moving sound includes a running sound indicating a change in a running condition of the vehicle (e.g. moving sound representing a change in acceleration), (see Miura, [0026]).
Regarding claim 3, Miura discloses the information processing device according to claim 2, wherein the recognition unit recognizes at least one of a situation in which the vehicle is placed, a state of the vehicle, or a state of the occupant, and the output control unit changes the output sound for the occupant, on a basis of at least one of a setting operation performed by the occupant, the situation in which the vehicle is placed, the state of the vehicle, or the state of the occupant (see Miura, [0026]-[0029]).
Regarding claim 4, Miura discloses the information processing device according to claim 3, wherein the output control unit changes the output sound for the occupant, on a basis of a combination of a sound mode indicating a type of the output sound for the occupant and a parameter (e.g. sound frequencies to which a plurality of sound pressures have been applied) indicating at least one of the situation in which the vehicle is placed (e.g. based on input from positioning sensor 35), the state of the vehicle (e.g. based on acceleration position sensor 34), or the state of the occupant (see Miura, [0023]-[0024] and [0026], also figure 2).
Regarding claim 7, Miura discloses the information processing device according to claim 4, wherein the output control unit sets the sound mode, on a basis of at least one of the setting operation performed by the occupant, the situation in which the vehicle is placed, the state of the vehicle (e.g. the vehicle’s travel situation), or the state of the occupant (see Miura, [0029], and figures 2).
Regarding claim 8, Miura discloses the information processing device according to claim 4, wherein the parameter includes at least one of an operating state of a regenerative brake of the vehicle, power of the vehicle, a velocity of the vehicle (e.g. represented by the acceleration/deceleration of the vehicle), a drive mode of the vehicle (e.g. operation amount of the accelerator pedal of vehicle 2), an attribute of the occupant, a situation around the vehicle, a place where the vehicle is running, a season, or a time of a day (see Miura, [0023], and figures 2).
Regarding claim 15, Miura discloses the information processing device according to claim 1, wherein the recognition unit recognizes at least one of a situation in which the mobile object is placed, the state of the mobile object (e.g. in state of acceleration of the vehicle), or a state of the occupant, and the output control unit changes the output sound for the occupant, on a basis of at least one of a setting operation performed by the occupant, the situation in which the mobile object is placed, the state of the mobile object, or the state of the occupant (e.g. the sound control unit 12 generates synthetic sound signal Ss that is based on changes in acceleration or number of revolutions of the vehicle’s motor, and output the synthetic sound to the occupant of the vehicle), (see Miura, [0018], [0020]-[0023], also figures 2 and 4A-4B).
Regarding Claim 17, Miura discloses an information processing method (e.g. using a sound generation device 1 of figures 1 and 2), comprising: recognizing a state of a mobile object (e.g. via a travel situation estimation unit 13 of a moving vehicle 2), (see figure 2), and controlling outputting (e.g. via a sound control unit 12) of an output sound for an occupant, the output sound including a mobile object state sound (e.g. the vehicle’s travel situation) including a moving sound indicating a change in a moving state (e.g. a change on acceleration) of the mobile object and a trigger sound (e.g. a synthetic sound) to be output on a basis of a trigger based on the state of the mobile object, the output sound being output toward the occupant of the mobile object (e.g. the sound control unit 12 generates synthetic sound signal Ss that is based on changes in acceleration or number of revolutions of the vehicle’s motor, and output the synthetic sound to the occupant of the vehicle via the speaker 20), (see Miura, [0018], [0020]-[0023], [0026]-[0027], and [0034]-[0038], also figures 3 and 4A-4B).
Regarding Claim 18, Miura discloses a program for causing a computer to perform a process (see [0020], also figures 1 and 2) of: recognizing a state of a mobile object (e.g. via a travel situation estimation unit 13 of a moving vehicle 2), (see figure 2), and controlling outputting (e.g. via a sound control unit 12) of an output sound for an occupant, the output sound including a mobile object state sound (e.g. the vehicle’s travel situation) including a moving sound indicating a change in a moving state (e.g. a change on acceleration) of the mobile object and a trigger sound (e.g. a synthetic sound) to be output on a basis of a trigger based on the state of the mobile object, the output sound being output toward the occupant of the mobile object (e.g. the sound control unit 12 generates synthetic sound signal Ss that is based on changes in acceleration or number of revolutions of the vehicle’s motor, and output the synthetic sound to the occupant of the vehicle via the speaker 20), (see Miura, [0018], [0020]-[0023], [0026]-[0027], and [0034]-[0038], also figures 3 and 4A-4B).
Regarding Claim 19, Miura discloses a mobile object which an occupant rides (e.g. a moving vehicle 2), (see at least the abstract and figure 1), the mobile object comprising: a recognition unit (e.g. a travel situation estimation unit 13) that recognizes a state of the mobile object (see figure 2); an output control unit (e.g. sound control unit 12) that controls outputting of an output sound for an occupant (see figures 1-2); the output sound including a mobile object state sound (e.g. the vehicle’s travel situation) including a moving sound indicating a change in a moving state (e.g. a change on acceleration) of the mobile object and a trigger sound (e.g. a synthetic sound) to be output on a basis of a trigger based on the state of the mobile object, the output sound being output toward the occupant (see figure 2); and an output unit (e.g. a speaker 20) that outputs the output sound for the occupant (e.g. the sound control unit 12 generates synthetic sound signal Ss that is based on changes in acceleration or number of revolutions of the vehicle’s motor, and output the synthetic sound to the occupant of the vehicle via the speaker 20), (see Miura, [0018], [0020]-[0023], [0026]-[0027], and [0034]-[0038], also figures 3 and 4A-4B).
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura in view of Vangelov et al (US PUB 20210053487, hereinafter Vangelov).
Regarding claim 12, Miura discloses the information processing device according to claim 2, but fails to explicitly disclose wherein the running sound includes sounds corresponding to a motor sound and an engine sound of the vehicle.
However, Vangelov in the same field of endeavor teaches that it is well known in the art to configure running sound of a vehicle to correspond to a motor sound and an engine sound of the vehicle as set forth in paragraph [0033]-[0034] and figure 1. Therefore, it would have been obvious to any person having an ordinary skill in the art before the effective filing date of the present invention to incorporate means of configuring the running sound to correspond to a motor sound and engine sound as taught by Vangelov in the teachings of Miura in order to effectively mimic the real sound of the motor and engine sound, and thereby further enhancing the listening experience of the user(s) through generation of virtual motor and engine sound.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura in view of Chuang (US PUB 20220297708, hereinafter Chuang).
Regarding claim 13, Miura discloses the information processing device according to claim 1, but fails to explicitly disclose wherein the output sound for the occupant includes a sound effect.
However, Chuang in the same field of endeavor teaches that it is well known in the art to configure an output sound for an occupant of a vehicle to include a sound effect as set forth in [0017] and [0032], also figure 2. Therefore, it would have been obvious to any person having an ordinary skill in the art before the effective filing date of the present invention to incorporate means of incorporating sound effect into the output sound as taught by Chuang in the teachings of Miura in order to improve the listening pleasure of the vehicle occupants, or to effectively serve as warning sound to pedestrians.
Allowable Subject Matter
Claims 5-6, 9-11, 14 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record provided on PTO 892 and not relied upon is considered pertinent to applicant's disclosure.
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/OYESOLA C OJO/Primary Examiner, Art Unit 2695.
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