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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1 is a method that recites evaluating, by a jury test, the sound quality index for a high-frequency whine noise component of the vehicle interior noise; extracting features to be used as predictors for modeling the sound quality index; learning a sound quality index model from the features to be used as predictors; and completing the sound quality index model, wherein a correlation of the sound quality index model with a sound quality index evaluation is 0.9 or more.
Given the broadest reasonable interpretation in light of the specification, the step of evaluating, by a jury test, the sound quality index encompasses mental processes practically performed in the human mind by observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2) III. Given the broadest reasonable interpretation in light of the specification, the steps of extracting features, learning a sound quality index model and completing the sound quality index model uses mathematical concepts, relationships and formulas (e.g. an order analysis, regression analysis, Equation 1) thus they fall within the mathematical concepts grouping of abstract ideas. See MPEP 2106.04(a)(2) I. These limitations are considered together as a single abstract idea for further analysis. The claim recite an abstract idea.
This judicial exception is not integrated into a practical application. The claim recites the additional claim element of acquiring vehicle interior noise and vehicle data of the electric vehicle. The limitation is recited at a high level of generality and without any meaningful limits as to how the acquiring is accomplished. Thus, the claim element is an insignificant extra-solution activity that amounts to mere data gathering. See MPEP 2106.05(g). The claim is directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial. As discussed above, the additional claim elements are insignificant extra-solution activity. Additionally, the additional claim element is established as known in the prior art, see specification [0003] and CN 103158615 A to Kim et al., and represents well-understood, routine, conventional activity. See MPEP 2106.05(d)II. The claim is not patent eligible.
Claims 2-10 depend from claim 1 and recite the same abstract idea as claim 1. The additional claim elements recited in claims 2-3 are additional details for the insignificant extra-solution activity that amounts to mere data gathering. See MPEP 2106.05(g). The additional claim element is established as known in the prior art, e.g. CN 103158615 A to Kim et al. and Son et al. in US 20210171041, and represents well-understood, routine, conventional activity. See MPEP 2106.05(d)II. claims 4-5 are additional details for the insignificant extra-solution activity that amounts to mere data gathering. See MPEP 2106.05(g). The additional claim element is established as known in the prior art, e.g. Lee et al. in US 11260792, 竹内 et al. in JP 5573530, Bastyr et al. in US. 201/0201885, and represents well-understood, routine, conventional activity. See MPEP 2106.05(d)II. The limitations of claims 6-10 merely add additional steps to the recited abstract idea. That is, given the broadest reasonable interpretation in light of the specification, the additional claim elements use mathematical concepts, relationships and formulas (e.g. an order analysis, regression analysis, Equation 1) thus, they fall within the mathematical concepts grouping of abstract ideas. See MPEP 2106.04(a)(2) I. The additional claim elements neither integrate the abstract idea into a practical application nor amount to significantly more. The claims are not patent eligible.
Allowable Subject Matter
Claims 1-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the prior art fails to anticipate or render obvious extracting features to be used as predictors for modeling the sound quality index; learning a sound quality index model from the features to be used as predictors; and completing the sound quality index model, wherein a correlation of the sound quality index model with a sound quality index evaluation is 0.9 or more, in combination with all limitations as claimed by Applicant.
Claims 2-10 are allowable by virtue of their dependence.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Liu et al. in NPL “High-Integration Online Monitoring Method for DC-Link Capacitance in Electric Drive Systems Under All Operating Conditions” teaches “Without timely monitoring, this degradation may lead to increased voltage fluctuations on the DC bus, reduced drive system efficiency, and potentially serious system failures.
This issue is particularly prominent in applications such as electric vehicles (EVs), which feature high integration and high-power density. In such scenarios, systems often operate for extended periods under various load conditions, such as light-load cruising, heavy-load acceleration, or regenerative braking.” (Introduction par. 1-2, emphasis added).
Hera et al.in U.S. Patent 9,299,337 teaches “A vehicle's Engine Control Unit (ECU) will typically have available several of the following signals which correlate well with the engine load and may be available to the EHE system either in analog or digital form, for example, accelerator pedal position (APP); throttle position sensor (TPS)…the engine load signal is representative of the engine torque, the engine load detector may convert the torque measurement …the RPM. An engine should emit pleasant, audible, powerful sounds as aural feedback only when a driver requires significant amounts of power from it. Such usage is usually coupled with both markedly increasing engine load and RPM. Under other engine load conditions the engine should be quieter. When a vehicle is cruising on a level highway both engine load and RPM are generally steady.” (column 5 lines 13-45, emphasis added).
Batalov et al. in U.S. Patent Publication 2024/0110825 teaches “Human perception of sounds produced by electromechanical systems (EMS), such as electric drives (EDs), actuators, pumps, etc. is an important characteristic affecting the usability of products containing EMS as well as customers' product purchasing decisions. Normally, human perception score is measured using human input from jury tests, where a select number of people are asked to repeatedly rate sound pleasantness or choose, which of 2 sounds is perceived as “better” or more pleasant. However, performing such jury tests is expensive, since each sound needs to be judged manually multiple times by multiple people. An alternative to manual scoring is developing an automated scoring model that predicts human perception scores based on previously seen labelled data. However, in some cases, such as end-of-line (EOL) testing at an assembly plant, recording product sounds is difficult due to inadequate recording conditions (e.g. high background noise). Currently, no methods capable of estimating human perception scores in such cases exist to the best of our knowledge. Here we propose a virtual sensing approach of estimating human sound perception based on accelerometer data, or other easily recorded modalities in EOL testing environments” ([0002], emphasis added).
Bastyr et al. in U.S. Patent Publication 2021/0201885 teaches “A vehicle sound synthesis system is provided with a controller and a loudspeaker” (Abstract).
Son et al. in 2021/0171041 teaches “For example, when an EV mode is adopted due to reduction in the torque requested by a driver in the situation in which there is no pedal manipulation and the engine clutch 130 is released, there is no gear-shifting limit for deceleration, but when a vehicle accelerates when traveling on a downhill road, if a vehicle speed reaches the highest RPM compared with the gear ratio of the current gear stage, upshifting needs to be performed. In more detail, even if regenerative braking is operated in the situation in which a transmission is in a first stage on a steep downhill road, when the vehicle accelerates and the vehicle speed exceeds 40 kph, gear shifting may exceed 6000 rpm, which is the maximum RPM of a motor. In this case, it is deemed that gear shifting exceeds a gear-shifting limit and upshifting needs to be performed” ([0060]).
Lee et al. in U.S. Patent 11260792 teaches “a method of controlling a tone of an EV based on a motor vibration in deceleration or regenerative braking conditions includes calculating, by a vibration sensor signal processing controller, order components from vibration signals of a rotating motor of the EV, extracting, by the vibration sensor signal processing controller, an N.sup.th order component having a determination coefficient R.sup.2 which represents linearity with respect to an output torque of the motor among the calculated order components and is greater than or equal to a predetermined value, converting, by the vibration sensor signal processing controller, a revolutions per minute (RPM) of the motor of the EV into a frequency and calculating an order frequency, arranging, by the vibration sensor signal processing controller, the order components by applying a vibration level of the N.sup.th order component to a level of the order frequency to be output and setting an EV mode tone, in a deceleration condition of the EV, determining and applying a deceleration condition to level control of the order frequency for setting the EV mode tone, and outputting the EV mode tone to which a deceleration intent is applied, wherein the deceleration condition is determined by driver braking or/and regenerative braking” (column 2 lines 10-33, emphasis added).
Bastyr et al. in U.S. Patent 10,065,561 teaches “Embodiments are disclosed for generating masking sounds in a vehicle, such as an at least partially electric vehicle. An example sound generation system in a vehicle includes a speaker, a processor, and a storage device holding instructions executable by the processor to modulate a sound characteristic of a first frequency range of a synthetic sound to generate a modulated synthetic sound portion while maintaining the sound characteristic of a second frequency range of the synthetic sound that is lower than the first frequency range to generate an unmodulated synthetic sound portion.” (Abstract).
竹内 et al. in Foreign Patent Document JP 5573530 B2 teaches “The present invention can be applied to the five senses of the driver, such as the force received by the driver based on front / rear / left / right or vertical acceleration, operating force such as acceleration / braking or steering, sound based on vibration of the vehicle body, brightness and color tone of panels, etc. The present invention relates to a vehicle control device configured to adapt a stimulus given from a vehicle or a feeling received by a driver to a traveling environment of the vehicle, a driver's preference, and the like.” (Abstract, emphasis added).
Xu et al. in Foreign Patent Document CN 118770187 A teaches “The application discloses a noise control method, device, equipment and storage medium based on hybrid vehicle, relating to the technical field of automobile noise optimization, comprising: The vehicle running state is identified by obtaining the vehicle running state to obtain the noise sensitive area optimizing point, and the vehicle is optimized by the noise control strategy based on the noise sensitive area optimizing point. Compared with the existing technology, it aims at the noise characteristic of the hybrid electric vehicle more precisely, realizes the real-time and effective suppression of the engine noise under different working conditions, and improves the driving comfort and environment-friendly performance.” (Abstract).
Kim et al. in Foreign Patent Document CN 103158615 A teaches “Another exemplary technology using such a device, revolutions per minute (RPM) of the device through storing in a database all kinds of acoustic data associated with the engine and provide playback of the audio based on the current RPM of the motor, thus depends on the drive motor of the engine sound is output through the speaker to prevent accident. the system is approaching the pedestrian warning to pedestrians. The system comprises a vehicle speed sensor, a human response sensor, an operation switch and a display device. RPM, voltage, current, resistor of the electric vehicle detected by the system, and driving the motor RPM detecting unit connected to the speaker through sound generator and amplifier through the control unit” ([0005]).
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/MI'SCHITA' HENSON/ Primary Examiner, Art Unit 2857
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