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
1. 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 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.
2. Claim(s) 1-7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Koike et al. (U.S. Pat. No. 5,635,903 A, hereinafter "Koike") in view of Bastyr et al. (U.S. Pat. No. 10,065,561 B1, hereinafter "Bastyr").
Regarding Claim 1, Koike teaches a pseudo-sound generation device that outputs a pseudo sound corresponding to a traveling state of a vehicle (simulated sound generator 60 outputs sound corresponding to traveling state of vehicle, Fig. 7, Col. 9, Ln. 49 thru Col. 10, Ln. 14), the pseudo-sound generation device comprising:
a sound reproducer that obtains and outputs first pseudo-sound information indicating first pseudo sounds corresponding to vehicle state information that pertains to traveling states of the vehicle (sound reproducer 61 having sound sources 1 through n obtains and outputs first (starting) pseudo-sound information indicating first pseudo sounds corresponding to vehicle state information, Fig. 7, Col. 9, Ln. 66 thru Col. 10, Ln. 14);
a sound source generator that generates, based on the vehicle state information, second pseudo-sound information indicating a second pseudo sound, and outputs the second pseudo-sound information generated (sound reproducer 61 having sound sources 1 through n generates and outputs second (running) pseudo-sound information indicating second pseudo sound based on vehicle state information, Fig. 7, Col. 9, Ln. 66 thru Col. 10, Ln. 14).
Koike fails to explicitly teach a first controller that generates, based on the vehicle state information, first adjusted pseudo-sound information indicating pseudo sounds that are the first pseudo sounds that have been adjusted, and outputs the first adjusted pseudo-sound information generated, the first pseudo sounds being indicated in the first pseudo-sound information output by the sound reproducer;
a second controller that generates second adjusted pseudo-sound information indicating a pseudo sound that is the second pseudo sound that has been adjusted, and outputs the second adjusted pseudo-sound information generated, the second pseudo sound being indicated in the second pseudo-sound information output by the sound source generator.
However, Bastyr teaches a first controller that generates, based on the vehicle state information, first adjusted pseudo-sound information indicating pseudo sounds that are the first pseudo sounds that have been adjusted (first controller 904a based on vehicle state information 906 generates first adjusted pseudo-sound information indicating pseudo sounds that are the first pseudo sounds 902a that have been adjusted, Fig. 9, Col. 13, Ln. 61 thru Col. 14, Ln. 12), and outputs the first adjusted pseudo-sound information generated, the first pseudo sounds being indicated in the first pseudo-sound information output by the sound reproducer (first controller 904a outputs the first adjusted pseudo-sound information indicating pseudo sounds that are the first pseudo sounds 902a, Fig. 9, Col. 14, Lns. 48-63);
a second controller that generates second adjusted pseudo-sound information indicating a pseudo sound that is the second pseudo sound that has been adjusted (second controller 904b based on vehicle state information 906 generates second adjusted pseudo-sound information indicating pseudo sounds that are the second pseudo sounds 902b that have been adjusted, Fig. 9, Col. 14, Lns. 12-37), and outputs the second adjusted pseudo-sound information generated, the second pseudo sound being indicated in the second pseudo-sound information output by the sound source generator (second controller 904b outputs the second adjusted pseudo-sound information indicating pseudo sounds that are the second pseudo sounds 902b, Fig. 9, Col. 14, Lns. 48-63).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pseudo-sound generation device (as taught by Koike) to include the first and second controllers (as taught by Bastyr). Doing so, different pseudo sound information can be combined (Bastyr Col. 2, Lns. 17-39).
Regarding Claim 2, Koike in view of Bastyr teach wherein the sound source generator includes a first sound source generator that generates, based on the vehicle state information, 2-1th pseudo-sound information indicating a 2-1th pseudo sound, and outputs the 2-1th pseudo-sound information generated, the 2-1th pseudo sound being different from the first pseudo sounds (Koike, sound reproducer 61 having sound sources 1 through n will include a first sound source that generates and outputs based on vehicle state information simulated vehicle running sound [mapped as the 2-1th pseudo-sound information] different from the vehicle starting sound [mapped as the first pseudo sounds], Fig. 7, Col. 5, Lns. 21-32, Col. 9, Ln. 66 thru Col. 10, Ln. 8),
the 2-1th pseudo sound is included in the second pseudo sound (Koike, the 2-1th pseudo sound is included in the second pseudo sound, Fig. 7, Col. 5, Lns. 21-32, Col. 9, Ln. 66 thru Col. 10, Ln. 14),
the 2-1th pseudo-sound information is included in the second pseudo-sound information (Koike, the 2-1th pseudo sound information is included in the second pseudo sound information, Fig. 7, Col. 5, Lns. 21-32, Col. 9, Ln. 66 thru Col. 10, Ln. 14),
the second controller generates 2-1th adjusted pseudo-sound information indicating a pseudo sound that is the 2-1th pseudo sound that has been adjusted (Bastyr, second controller 904b will generate 2-1th adjusted pseudo-sound information indicating pseudo sound that is the 2-1th pseudo sound that is adjusted, Fig. 9, Col. 14, Lns. 13-63), and outputs the 2-1th adjusted pseudo-sound information generated, the 2-1th pseudo sound being indicated in the 2-1th pseudo-sound information output by the first sound source generator (Bastyr, second controller 904b outputs the 2-1th adjusted pseudo-sound information indicating pseudo sounds outputted by the first source generator, Fig. 9, Col. 14, Lns. 13-63), and
the 2-1th adjusted pseudo-sound information is included in the second adjusted pseudo-sound information (Bastyr, the 2-1th adjusted pseudo-sound information is included in the second adjusted pseudo-sound information, Fig. 9, Col. 14, Lns. 13-63).
Regarding Claim 3, Koike in view of Bastyr teach wherein
the first sound source generator generates, based on the vehicle state information, the 2-1th pseudo-sound information indicating the 2-1th pseudo sound that imitates a sound generated according to a continuous traveling state of the vehicle, and outputs the 2-1th pseudo-sound information generated (Koike, sound reproducer 61 having sound sources 1 through n will include a first sound source that generates and outputs based on vehicle state information simulated vehicle running sound [mapped as the 2-1th pseudo-sound information] that imitates the acceleration or deceleration state of the vehicle, Fig. 7, Col. 5, Lns. 21-32, Col. 9, Ln. 66 thru Col. 10, Ln. 8) to the second controller (Bastyr, second controller 904b, Fig. 9, Col. 14, Lns. 12-37).
Regarding Claim 4, Koike in view of Bastyr teach further comprising:
a combiner (Bastyr, combiner 912, Fig. 9, Col. 15, Lns. 9-36) that combines, into a composite sound, (i) the pseudo sounds indicated in the first adjusted pseudo-sound information output by the first controller and (ii) the 2-1th pseudo sound that has been controlled and is indicated in the 2-1th adjusted pseudo-sound information output by the second controller, and outputs first composite-sound information indicating the composite sound (Bastyr, combiner 912 combines the pseudo sounds indicated in the first adjusted pseudo-sound information output by the first controller 904a and the adjusted 2-1th pseudo sound outputted by second controller 904b, Fig. 9, Col. 15, Lns. 9-54).
Regarding Claim 5, Koike in view of Bastyr teach further comprising:
an obtainer that obtains the vehicle state information (Koike, obtainer 2, Fig. 7, Col. 9, Lns. 52-65).
Regarding Claim 6, Koike in view of Bastyr teach a determiner (Koike, determiner 2, Fig. 7, Col. 4, Lns. 31-39) that determines an operation state of the vehicle based on the vehicle state information obtained by the obtainer (Koike, determiner 2, determines starting and running state from obtainer 2, Fig. 7, Col. 4, Lns. 31-39).
Regarding Claim 7, Koike in view of Bastyr teach wherein
the sound source generator includes a second sound source generator that generates, based on the vehicle state information, 2-2th pseudo-sound information indicating a 2-2th pseudo sound, and outputs the 2-2th pseudo-sound information generated, the 2-2th pseudo sound being different from the first pseudo sounds (Koike, sound reproducer 61 having sound sources 1 through n will include a second sound source that generates and outputs based on vehicle state information simulated vehicle running sound [mapped as the 2-2th pseudo-sound information] different from the vehicle starting sound [mapped as the first pseudo sounds], Fig. 7, Col. 5, Lns. 21-32, Col. 9, Ln. 66 thru Col. 10, Ln. 8),
the 2-2th pseudo sound is included in the second pseudo sound (Koike, the 2-2th pseudo sound is included in the second pseudo sound, Fig. 7, Col. 5, Lns. 21-32, Col. 9, Ln. 66 thru Col. 10, Ln. 14),
the 2-2th pseudo-sound information is included in the second pseudo-sound information (Koike, the 2-2th pseudo sound information is included in the second pseudo sound information, Fig. 7, Col. 5, Lns. 21-32, Col. 9, Ln. 66 thru Col. 10, Ln. 14),
the second controller generates 2-2th adjusted pseudo-sound information indicating a pseudo sound that is the 2-2th pseudo sound that has been adjusted (Bastyr, second controller 904b will generate 2-2th adjusted pseudo-sound information indicating pseudo sound that is the 2-2th pseudo sound that is adjusted, Fig. 9, Col. 14, Lns. 13-63), and outputs the 2-2th adjusted pseudo-sound information generated, the 2-2th pseudo sound being indicated in the 2-2th pseudo-sound information output by the second sound source generator (Bastyr, second controller 904b outputs the 2-2th adjusted pseudo-sound information indicating pseudo sounds outputted by the second source generator, Fig. 9, Col. 14, Lns. 13-63), and
the 2-2th adjusted pseudo-sound information is included in the second adjusted pseudo-sound information (Bastyr, the 2-2th adjusted pseudo-sound information is included in the second adjusted pseudo-sound information, Fig. 9, Col. 14, Lns. 13-63).
Regarding Claim 12, Koike in view of Bastyr teach wherein
the sound generator is a synthesizer that employs a calculation-type sound source method (Koike, sound generator comprises sound synthesizing device 31, Fig. 3, Col. 6, Ln. 46 through Col. 7, Ln. 7).
3. Claim(s) 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Koike et al. (U.S. Pat. No. 5,635,903 A, hereinafter "Koike") in view of Bastyr et al. (U.S. Pat. No. 10,065,561 B1, hereinafter "Bastyr"), and further in view of Kwon (U.S. Pub. No. 2017/0001559 A1).
Regarding Claim 8, Koike in view of Bastyr fail to explicitly teach wherein
the second sound source generator generates, based on a result of determination made by the determiner using the vehicle state information, the 2-2th pseudo-sound information indicating the 2-2th pseudo sound that imitates a sound generated according to a sporadic traveling state of the vehicle, and outputs the 2-2th pseudo-sound information generated to the second controller.
However, Kwon teaches the 2-2th pseudo-sound information indicating the 2-2th pseudo sound that imitates a sound generated according to a sporadic traveling state of the vehicle the control unit 400 determines at that the current acceleration of the vehicle exceeds the second preset acceleration reference value as1, the control unit 400 determines the current driving state of the vehicle as a rapid acceleration state [sporadic traveling state of the vehicle], and, contrarily, if the control unit 400 determines that the current acceleration of the vehicle does not exceed the second preset acceleration reference value as1, the control unit 400 determines the current driving state of the vehicle as a rapid deceleration state as a remaining condition, i.e., determines that the current acceleration of the vehicle is lower than the first preset acceleration reference value as0, and determines the current driving state as sudden braking of an abrupt deceleration state [sporadic traveling state of the vehicle], Para. [0066]; f it is determined at the step S474 that the current driving state of the vehicle is a rapid acceleration state or a sudden brake state, the control unit 400 generates a driving sound through the sound source generation unit 600 using a sound source corresponding to the rapid acceleration driving sound or the sudden brake driving sound from the sound source storage unit 500 (steps S476 and S477), Para. [0067]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pseudo-sound generation device (as taught by Koike in view of Bastyr) to include the 2-2th pseudo sound that imitates a sound generated according to a sporadic traveling state of the vehicle (as taught by Kwon). Doing so will enable mixing in different playback methods so that a realistic operating sound can be delivered to a driver (Kwon Para. [0021]).
Regarding Claim 9, Koike in view of Bastyr, and further in view of Kwon teach further comprising:
a combiner that combines (Bastyr, combiner 912, Fig. 9, Col. 15, Lns. 9-36), into a composite sound, (i) the pseudo sounds indicated in the first adjusted pseudo-sound information output by the first controller and (ii) the 2-2th pseudo sound that has been controlled and is indicated in the 2-2th adjusted pseudo-sound information output by the second controller, and outputs second composite-sound information indicating the composite sound (Bastyr, combiner 912 combines the pseudo sounds indicated in the first adjusted pseudo-sound information output by the first controller 904a and the adjusted 2-2th pseudo sound outputted by second controller 904b, Fig. 9, Col. 15, Lns. 9-54).
Regarding Claim 10, Koike in view of Bastyr, and further in view of Kwon teach further comprising:
a combiner (Bastyr, combiner 912, Fig. 9, Col. 15, Lns. 9-36) that combines, into a composite sound, (i) the pseudo sounds indicated in the first adjusted pseudo-sound information output by the first controller, (ii) the 2-1th pseudo sound that has been controlled and is indicated in the 2-1th adjusted pseudo-sound information output by the second controller, (iii) and the 2-2th pseudo sound that has been controlled and is indicated in the 2-2th adjusted pseudo-sound information output by the second controller, and outputs third composite-sound information indicating the composite sound (Bastyr, combiner 912 combines the pseudo sounds indicated in the first adjusted pseudo-sound information output by the controller 904a, 908a, the adjusted 2-1th pseudo sound outputted by controller 904b, 908b, and the adjusted 2-2th pseudo sound outputted by controller 908c, Fig. 9, Col. 15, Lns. 9-54).
Regarding Claim 11, Koike in view of Bastyr, and further in view of Kwon teach wherein
the determiner (Koike, determiner 2, Fig. 7, Col. 4, Lns. 31-39) determines the operation state of the vehicle based on the vehicle state information obtained by the obtainer (Koike, determiner 2, determines starting and running state from obtainer 2, Fig. 7, Col. 4, Lns. 31-39), and
when the determiner determines, based on the vehicle state information, that the operation state is the sporadic traveling state of the vehicle, the combiner outputs only the 2-2th pseudo-sound information (Bastyr, the adjustable gain modules 908a, 908b, and 908c may be combined in a mixer or summing module 912 to produce a combined synthetic sound signal. In some examples, the outputs of each adjustable gain module may be represented equally in the combined synthetic sound signal (e.g., the signals may be mixed evenly), whereas in other examples one or more outputs may be emphasized relative to one or more other outputs, Col. 15, Lns. 9-36).
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Maeda (U.S. Pub. No. 2005/0113168 A1) teaches an engine sound synthesizer which includes an engine sound storing section, and a synthetic engine sound data generating section. Miura (U.S. Pub. No. 2021/0225356 A1) teaches vehicle sound generation device. Strauss (WIPO Pub. No. WO 2012/016722 A2) teaches an apparatus for generating a drive dependent sound for an engine driven vehicle.
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIMEZIE E BEKEE whose telephone number is (571)272-0202. The examiner can normally be reached M-F 7.30-5.
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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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/CHIMEZIE EZERIWE BEKEE/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691