DETAILED ACTION
This Non-Final Office Action is in response to the claims filed on 4/3/2025.
Claims 1-20 are currently pending.
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 § 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.
Claims 1-5, 10-18 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (an abstract idea) without significantly more.
Regarding eligibility step 1: claim 1 is directed to “A method of controlling an electric vehicle (EV) traveling sound using motor vibration and a virtual transmission signal” which is a process and therefore eligible at step 1
Regarding eligibility step 2A, the following elements are considered to be abstract:
extracting, by a signal processing controller, a vibration level of an Nth order component with a largest linearity for a motor output torque among order components extracted from a vibration signal of a rotating EV motor;
determining, by the signal processing controller, a frequency for each order component
by transforming an RPM of a virtual motor into a frequency; and
setting, by the signal processing controller, an EV mode traveling sound by applying the vibration level of the Nth order component to a level of the frequency for each order component to be output and re-arranging the order components so that the virtual engine motor RPM reflects a traveling mode shifted according to a virtual gear stage number.
These elements appear to be directed to mental processes because the limitations are drawn to finding information and analyzing that information, which could be done mentally or by hand with pen and paper. Choosing a particular sound based on some data, not actually playing the sound. The remaining elements of a signal processing controller does not amount to integrating the judicial exception into a practical application and does not amount to significantly more as the controller is merely being used to implement the abstract idea on a computer, similar to the issue present in Alice Corp. Therefore, the limitations of claim 1, when considered individually and as an ordered combination do not amount to significantly more than the abstract idea. It is recommended that the limitation should actually play/output the sound as done in the applicants claim 6.
Regarding dependent claims 2-5, 10, 12, 13,15-18 and 20, these claims do not add significantly more as a whole and thus do not change the eligibility:
The limitations of claim 2-5, 10, 12, 13,15-18 and 20 further defines the abstract idea by indicating how the intangible data is to be determined or the mathematical formula used.
Claim 4 and 5 further defines the abstract idea by indicating how the intangible data is to be determined
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.
Claim(s) 1-3, 6-16, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 2021/0379998).
As to claim 1 Lee discloses a method of controlling an electric vehicle (EV) traveling sound using motor vibration and a virtual transmission signal, the method comprising:
extracting, by a signal processing controller, a vibration level of an Nth order component with a largest linearity for a motor output torque among order components extracted from a vibration signal of a rotating EV motor (paragraph 0010 and 0011);
determining, by the signal processing controller, a frequency for each order component by transforming an RPM of the EV a virtual motor into a frequency (paragraph 0012); and
setting, by the signal processing controller, an EV mode traveling sound by applying the vibration level of the Nth order component to a level of the frequency for each order component to be output and re-arranging the order components so that the virtual engine motor RPM reflects a traveling mode shifted according to a virtual gear stage number (paragraph 0068).
As to claim 2 Lee discloses the method of claim 1, wherein the Nᵗʰ order component is an Nth order component of which a coefficient of determination R² is 90% or more (paragraph 0015).
As to claim 3 Lee discloses the method of claim 1, wherein the order components are determined from a vibration sensor configured to detect the vibration signal of the EV motor (paragraph 0015).
As to claim 6 Lee discloses the method of claim 1, further including outputting the set EV mode traveling sound,
wherein an output volume is adjusted by the signal processing controller by applying a frequency band-pass filter based on the RPM of the EV virtual motor before the outputting. (paragraph 0016)
As to claim 7 Lee discloses the method of claim 1, further including outputting the set EV mode traveling sound,
wherein an output volume is adjusted by imposing a weighting value on the RPM of the virtual motor before the outputting. (paragraph 0016)
As to claim 8 Lee discloses the method of claim 1, further including outputting the set EV mode traveling sound,
wherein an output volume is adjusted by imposing a weighting value on a pedal opening amount before the outputting. (paragraph 0016)
As to claim 9 Lee discloses the method of claim 1, further including outputting the set EV mode traveling sound,
wherein an output volume is adjusted by determining a vehicle speed differential change value from vehicle speed data before the outputting. (paragraph 0016)
As to claim 10 Lee discloses the method of claim 1, wherein in the setting of the EV mode traveling sound, the order components according to a change in the traveling mode are disposed selectively. (paragraph 0017)
As to claim 11 Lee discloses a method of controlling an electric vehicle (EV) traveling sound using motor vibration and a virtual transmission signal, the method comprising:
extracting, by a signal processing controller, an Nth order component with a largest linearity for a motor output torque among order components extracted from a vibration signal of a rotating EV motor; (paragraph 0010 and 0011)
determining, by the signal processing controller, a frequency for each order component by transforming an RPM of a virtual motor into a frequency (paragraph 0012); and
setting, by the signal processing controller, an EV mode traveling sound by applying a vibration level of the Nth order component to a level of a frequency for each order component to be output and re-arranging the order components (paragraph 0021-0023).
As to claim 12 Lee discloses the method of claim 11, wherein the extracting of the Nᵗʰ order component includes performing Fast Fourier Transformation (FFT) on the vibration signal, and performing re-sampling through a non-equispaced Fast Fourier Transformation (NFFT). (paragraphs 0031-0034)
As to claim 13 Lee discloses the method of claim 11, wherein the extracting of the Nᵗʰ order component includes extracting the Nth order component using order tracking analysis on the EV virtual motor and an RPM-based band-pass filter. (paragraph 0041)
As to claim 14 Lee discloses an apparatus of controlling an electric vehicle (EV) traveling sound using motor vibration and a virtual transmission signal, the apparatus comprising:
a processor (paragraph 0059); and
a non-transitory storage medium containing program instructions (controller #30),
wherein the processor is configured for, by executing the program instructions:
extracting a vibration level of an Nᵗʰ order component with a largest linearity for a motor output torque among order components extracted from a vibration signal of a rotating EV motor (paragraph 0010 and 0011);
determining a frequency for each order component by transforming an RPM of the EV a virtual motor into a frequency (paragraph 0012); and
setting an EV mode traveling sound by applying the vibration level of the Nth order component to a level of the frequency for each order component to be output and re-arranging the order components so that the virtual engine motor RPM reflects a traveling mode shifted according to a virtual gear stage number. (paragraph 0068 and 0069)
As to claim 15 Lee discloses the apparatus of claim 14, wherein the Nth order component is an Nth order component of which a coefficient of determination R² is 90% or more. (paragraph 0013)
As to claim 16 Lee discloses the apparatus of claim 14, wherein the order component is determined from a vibration sensor configured to detect the vibration signal of the EV motor. (paragraph 0015)
As to claim 19 Lee discloses the apparatus of claim 14, wherein the processor is further configured for outputting the set EV mode traveling sound (paragraph 0040),
adjusting an output volume by applying a frequency band-pass filter based on the RPM of the virtual motor before the outputting (paragraph 0016),
adjusting the output volume by imposing a weighting value on the RPM of the EV virtual motor before the outputting (paragraph 0016),
adjusting the output volume by imposing a weighting value on a pedal opening amount before the outputting (paragraph 0016), or
adjusting the output volume by determining a vehicle speed differential change value from vehicle speed data before the outputting (paragraph 0016).
As to claim 20 Lee discloses the apparatus of claim 14, wherein in the setting of the EV mode traveling sound, the order components according to a change in the traveling mode are disposed selectively (paragraph 0017).
Allowable Subject Matter
Claims 4, 5, 17 and 18 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.
The following is a statement of reasons for the indication of allowable subject matter: Lee et al. (US 2021/0379998) teaches the limitations independent claims 1 and 14 as disclosed above however the prior art of record fails to show or adequately teach
The virtual engine motor RPM is determined by Equation 1,
[Equation 1]
Virtual engine motor RPM = actually measured motor RPM X gear ratio of the number of virtual target stages.
Nor
The virtual gear stage number, a difference between a virtual target gear stage and a virtual current gear stage is caused by a transmission proceeding rate of Equation 2,
[Equation 2]
Transmission proceeding rate = (virtual engine motor RPM - current gear stage RPM)/ (target gear stage RPM - current gear stage RPM) x 100%.
The closest Prior art to the above limitations belongs to Isama et al (US 2022/0041070) which discloses the virtual speed calculation unit 500 with the equation Ne=Np×(1/r)×slip
a shaft rotational speed “Np” of the propeller shaft 5, a gear ratio “r” corresponding to the shift position Gp, and a slip ratio “slip” of the virtual clutch mechanism calculated from the clutch pedal depression amount Pc or the like.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHERMAN D MANLEY whose telephone number is (571)270-5539. The examiner can normally be reached M-TH 7-5:30 est.
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SHERMAN D. MANLEY
Examiner
Art Unit 3747
/SHERMAN D MANLEY/Examiner, Art Unit 3747
/LOGAN M KRAFT/Supervisory Patent Examiner, Art Unit 3747