DETAILED ACTION
Status of Claims
This Office action is in response to the preliminary amendment filed on 11/28/2025. Claims 1-20 have been canceled, and new claims 21-43 have been added. Claims 21-43 are currently pending and are presented for examination.
Notice of Pre-AIA or AIA Status
The present application, which was filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement filed on 07/23/2024 is being considered by the examiner.
Specification
The use of the term “BLUETOOTH,” which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore, the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) is permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claims 21, 30-31, and 36 are objected to because of the following informalities:
In the second-to-last line of claim 21, the word “controlling” should be changed to the phrase “and control.”
In each of claims 30 and 36, the word “vary” should be changed to “varies.”
In line 17 of claim 31, the word “controlling” should be changed to the phrase “and control.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 40 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 40 recites that “the processor is further configured to trigger the reproduction of a misfire sound each time the value of the simulated inserted gear changes.” However, the specification does not provide sufficient support for this limitation. The written description mentions playing sounds indicative of “scratching” and “rattling” in p. 23 ll. 26-31 and p. 25 ll. 6-11, but does not appear to describe a misfire sound that is reproduced each time the value of the simulated gear changes as recited in claim 40. This leads to doubt as to whether the inventors had possession of the claimed invention at the time of filing.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-39 and 41-43 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 12, and 17-20 of U.S. Patent No. 12,145,503 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the differences amount to minor wording changes, features being split among multiple claims, and additional limitations being present in the reference claims but not in the instant claims. A comparison of the instant claims and the corresponding reference claims is included in the table below:
Instant application 18/780,411
Reference patent US 12,145,503 B2
21. Emulator for an electric propulsion vehicle comprising a processor configured to:
determine an acceleration signal relating to a position of an accelerator of the electric propulsion vehicle;
determine a value relating to engine revolutions of an electric motor of the electric propulsion vehicle based on a vehicle speed signal of the electric propulsion vehicle and/or based on an engine revolution signal relating to the engine revolutions of the electric motor of the electric propulsion vehicle;
determine a simulated gear inserted value of a simulated endothermic combustion vehicle;
calculate a value of simulated engine revolutions at a current time depending on at least one of the acceleration signal, the value relating to engine revolutions of the electric motor and the simulated gear inserted value; and
calculate at least one of:
a simulated torque value as a function of the simulated engine revolutions value and of the acceleration signal; and
an accelerator control signal as a function of the simulated torque value;
controlling the electric motor of the electric propulsion vehicle based on the simulated torque value or the accelerator control signal.
1. Sound and performance emulator for an electric propulsion vehicle comprising: a control unit configured to
receive a plurality of input signals comprising at least: an acceleration signal relating to a position of an accelerator of the electric propulsion vehicle;
and a vehicle speed signal relating to the speed of the electric propulsion vehicle to determine a value relating to the engine revolutions of an electric motor of the electric propulsion vehicle and/or an engine revolution signal relating to the engine revolutions of the electric motor of the electric propulsion vehicle;
wherein the control unit is configured to provide a plurality of output values comprising at least: a value of simulated engine revolutions of a simulated endothermic combustion vehicle; and
a simulated gear inserted value of the simulated endothermic combustion vehicle; and
wherein the control unit is configured to provide output signals at least one of: a simulated torque value requested and/or simulated power requested; and
an accelerator control signal to be sent to the electric propulsion vehicle to control the electric propulsion vehicle; wherein the control unit is further configured to: receive an activation signal; after receiving the activation signal, set the value of simulated engine revolutions to a non-zero default value, and to activate and run an emulation module which includes a performance simulation routine of the simulated endothermic combustion vehicle and a sound simulation routine of the simulated endothermic combustion vehicle; and after receiving the activation signal and setting the value of the simulated engine revolutions to the default value, the sound simulation routine emitting a sampled start sound; wherein the control unit is configured to: determine the simulated gear inserted value of the simulated endothermic combustion vehicle;
calculate, through the emulation module, a value of simulated engine revolutions at the current time depending on at least the acceleration signal, the number of revolutions of the electric motor and the simulated gear inserted value; and
calculate, by means of the emulation module, either one or both: the requested simulated torque value as a function of the simulated engine revolutions value and of the acceleration signal; and/or requested simulated power as a function of the simulated engine revolutions value and of the acceleration signal; the control unit supplying in output the requested simulated torque value and/or the requested simulated power calculated to command a controller of the electric propulsion vehicle to deliver such a torque or power, or determining an accelerator control signal function of the requested simulated torque value and/or of the calculated requested simulated power and of the value relative to the engine revolutions of the electric motor,
the accelerator control signal being sent to the electric propulsion vehicle to control the electric propulsion vehicle,
wherein the control unit is configured to iteratively calculate a value of simulated engine revolutions at the current time depending on at least the acceleration signal and the value of simulated engine revolutions in idle at the preceding time, and the emulator further comprising a memory operatively connected to the control unit and comprising at least one calibration map in which, following an input function of the accelerator signal and function of the number of simulated engine revolutions in idle at the preceding time is univocally associated to a number of simulated revolutions, the control unit accessing the memory and the calibration map each predetermined time interval to receive the simulated number of revolutions in idle at the preceding time and calculate the vale of simulated engine revolutions at the current time.
22. The emulator according to claim 21, further comprising a memory operatively connected to the processor and comprising a selection list of a plurality of vehicles to be simulated,
the processor having a vehicle selection form to allow a user to select one of the vehicles on the selection list, each vehicle on the selection list being associated with a corresponding vehicle-specific data package,
wherein the corresponding vehicle-specific data package is based on technical features of the selected vehicle.
2. The emulator according to claim 1, further comprising a memory operatively connected to the control unit and comprising at least one selection list of a plurality of endothermic combustion vehicles to be simulated,
the control unit presenting a vehicle selection form to allow a user to select one of the vehicles on the list, each vehicle on the list being associated with a corresponding vehicle-specific data package and including performance, calibration and sound data, and vibration data, and wherein, following the selection of a vehicle from the list,
the control unit is configured to present a list of technical options directly associated with the selected vehicle, the selection form allowing the user to select one or more of the technical options associated with the selected vehicle,
the corresponding vehicle-specific data package being a function of both the selected vehicle and each selected technical option.
23. The emulator according to claim 21, wherein the processor is configured to iteratively calculate a value of simulated engine revolutions at the current time depending on the acceleration signal and the value of simulated engine revolutions in neutral at a preceding time.
1. … wherein the control unit is configured to iteratively calculate a value of simulated engine revolutions at the current time depending on at least the acceleration signal and the value of simulated engine revolutions in idle at the preceding time…
24. The emulator according to claim 21, further comprising a clutch sensor configured to emit a clutch signal relative to a position of a clutch of the electric propulsion vehicle, the processor being configured to further receive the clutch signal, wherein the clutch signal is function of a stroke of the clutch.
3. The emulator according to claim 1, further comprising a first sensor configured to emit a clutch signal relative to the position of a clutch of the electric propulsion vehicle, the control unit being configured to further receive the clutch signal, wherein the first sensor is a potentiometer and the clutch signal is an analog signal function of the stroke of the clutch, the control unit being configured to convert the analog signal into a clutch signal in percentage by a conversion curve.
25. The emulator according to claim 21, further comprising a gear sensor configured to emit a gear signal relative to the position of a gear shift selector of the electric propulsion vehicle, the processor being configured to further receive the gear signal, wherein the gear signal comprises an upper position signal and a lower position signal, the processor being configured to determine the simulated gear inserted value of the simulated endothermic combustion vehicle, between a minimum value of zero and a maximum value, increasing or decreasing the simulated gear inserted value depending on receiving the upper position signal or the lower position signal, the processor receiving the upper position signal thereby increasing the simulated gear inserted value by one unit and receiving the lower position signal thereby decreasing the simulated gear inserted value by one unit.
5. The emulator according to claim 1, further comprising a second sensor configured to emit a gear signal relative to the position of a gear shift selector of the electric propulsion vehicle, the control unit being configured to further receive the gear signal, wherein the gear signal comprises an upper position signal and a lower position signal, the control unit being configured to determine the simulated geared inserted value of the simulated endothermic combustion vehicle, between a minimum value of zero and a maximum configurable value, increasing or decreasing the value of a simulated gear inserted depending on receiving the upper position signal or the lower position signal, the control unit receiving the upper position signal thereby increasing the value of simulated gear inserted by one unit and receiving the lower position signal thereby decreasing the value of simulated gear inserted by one unit.
26. The emulator according to claim 21, wherein the processor is further configured to calculate a simulated torque value relative to the simulated gear inserted and/or power value relative to the simulated gear inserted based on the acceleration signal and the simulated engine revolutions.
12. The emulator according to claim 1, further comprising a memory operatively connected to the control unit and comprising at least one simulated torque map and/or a simulated power map, wherein, following an input function of the acceleration signal and an input function of the simulated engine revolutions, a torque value relative to the simulated gear inserted and/or power value relative to the simulated gear inserted is unequivocally associated, the control unit accessing the memory and the simulated torque map and/or the simulated power map to receive the torque value relative to the simulated gear inserted and/or power value relative to the simulated gear inserted.
27. The emulator according to claim 21, wherein the processor is further configured to calculate an accelerator control value based on the value relative to the engine revolutions of the electric motor and the simulated torque value to be sent to the controller of the electric propulsion vehicle to control the electric propulsion vehicle.
17. The emulator according to claim 1, further comprising a memory operatively connected to the control unit and comprising at least one real torque map wherein, following an input function of the value relative to the engine revolutions of the electric motor and the requested simulated torque value, an accelerator control value is associated, the control unit accessing the memory and selecting the real torque map to receive the accelerator control value and determine the accelerator control signal to be sent to the electric propulsion vehicle control unit to control it, wherein the control unit is configured to receive the accelerator control value as a percentage value and transform it into the analog accelerator control signal to be sent to the electric propulsion vehicle control unit.
28. The emulator according to claim 21, further comprising a memory operatively connected to the processor and comprising a motor brake/inertia parameter map of the simulated vehicle, wherein an engine/brake torque value is associated with a respective variation of the value of simulated engine revolutions, and wherein the processor is configured to:
calculate a variation of the simulated engine revolutions and obtain an engine brake/inertia torque value, and
correct the simulated torque value at a current time based on the engine brake/inertia torque value and the simulated torque value at the preceding time to obtain regenerative braking when the simulated torque value is less than zero.
18. The emulator according to claim 1, further comprising a memory operatively connected to the control unit and comprising at least one motor brake/inertia parameter map of the simulated endothermic combustion vehicle associated with a respective variation, positive or negative, of the value of simulated engine revolutions, and wherein the control unit is configured to
calculate the variation of the simulated engine revolutions and obtain an engine brake/inertia torque value,
the control unit adding the engine brake/inertia torque value to the requested simulated torque value to correct the requested simulated torque value and obtain an engine brake or engine inertia effect, wherein the variation of the simulated engine revolutions value is calculated only when the requested simulated torque value is less than zero, wherein a requested simulated torque value corrected below zero controls the control unit to obtain regenerative braking.
29. The emulator according to claim 21, wherein the processor is further configured to control a vibrator of the electric propulsion vehicle to vary a frequency and/or an intensity of vibrations generated by the vibrator based on at least one of the value of simulated engine revolutions, the acceleration signal, the simulated gear inserted value and the simulated torque value.
19. The emulator according to claim 1, wherein the control unit, following the reception of the activation signal and the setting of the value of the simulated engine revolutions to the default value, is further configured to send an activation signal to a vibration emulation system of the electric propulsion vehicle, the vibration emulation system comprises a predetermined number of vibration generators, the control unit varying the vibration frequency and intensity of the vibration generator as a function of the acceleration signal and the simulated engine revolutions; the control unit controlling the vibration generators by means of one or more control signals as a function at least of the value of simulated engine revolutions, of the acceleration signal, of the simulated gear inserted value, of a clutch signal and of the requested simulated torque value, the control unit controlling the vibration generators through one or more control signals, at least as a function of sounds emitted by the sound simulation routine, and wherein, at each variation in the simulated gear inserted value, the vibration emulation system reproduces a gear inserted vibration, the gear inserted vibration adding to further vibrations generated by the vibration emulation system.
30. The emulator according to claim 21, wherein the processor is further configured to trigger a reproduction of a sound that vary as a function of at least one of the simulated engine revolutions value, the acceleration signal, the simulated gear inserted value and the simulated torque value; and
wherein the processor is further configured to trigger the reproduction of the sound each time the simulated gear inserted value changes.
20. The emulator according to claim 1, further comprising audio speakers positioned at a simulated exhaust and at the simulated engine, the sound simulation routine will reproduce a sound at the portion of the simulated endothermic combustion vehicle where original sound was generated, a sound of cut-off detonations being played at the simulated exhaust at the rear of the electric propulsion vehicle, wherein the sound simulation routine reproduces the sound of the electric propulsion vehicle as a function of the acceleration signal and the simulated engine revolutions, the routine reproducing said sound before the end of the emission of the sampled start sound, the sound simulation routine is configured to reproduce sounds that vary at least in the simulated engine revolutions value, of the acceleration signal, of the simulated gear inserted value, of a clutch signal and of the requested simulated torque value;
wherein the sound simulation routine is configured to vary a volume of sound emission according to the acceleration signal; and
wherein, at each change of the simulated gear inserted value, the sound simulation routine will reproduce a gear shift sound, the gear shift sound adding to additional sounds generated by the simulation routine.
31. Emulator for an electric propulsion vehicle comprising a processor configured to:
determine an acceleration signal relating to a position of an accelerator of the electric propulsion vehicle;
determine a value relating to engine revolutions of an electric motor of the electric propulsion vehicle based on a vehicle speed signal of the electric propulsion vehicle and/or based on an engine revolution signal relating to the engine revolutions of the electric motor of the electric propulsion vehicle;
determine a simulated gear inserted value of a simulated endothermic combustion vehicle;
calculate a value of simulated engine revolutions at a current time depending on at least one of the acceleration signal, the value relating to engine revolutions of the electric motor and the simulated gear inserted value; and
calculate at least one of:
a simulated torque value as a function of the simulated engine revolutions value and of the acceleration signal; and
an accelerator control signal as a function of the simulated torque value;
controlling the electric motor of the electric propulsion vehicle based on the simulated torque value or the accelerator control signal;
wherein the processor is further configured to iteratively calculate a value of simulated engine revolutions at the current time depending on the acceleration signal and the value of simulated engine revolutions in neutral at a preceding time.
1. Sound and performance emulator for an electric propulsion vehicle comprising: a control unit configured to
receive a plurality of input signals comprising at least: an acceleration signal relating to a position of an accelerator of the electric propulsion vehicle;
and a vehicle speed signal relating to the speed of the electric propulsion vehicle to determine a value relating to the engine revolutions of an electric motor of the electric propulsion vehicle and/or an engine revolution signal relating to the engine revolutions of the electric motor of the electric propulsion vehicle;
wherein the control unit is configured to provide a plurality of output values comprising at least:
a value of simulated engine revolutions of a simulated endothermic combustion vehicle; and
a simulated gear inserted value of the simulated endothermic combustion vehicle; and
wherein the control unit is configured to provide output signals at least one of:
a simulated torque value requested and/or
simulated power requested; and
an accelerator control signal to be sent to the electric propulsion vehicle to control the electric propulsion vehicle;
wherein the control unit is further configured to: receive an activation signal;
after receiving the activation signal, set the value of simulated engine revolutions to a non-zero default value, and to activate and run an emulation module which includes a performance simulation routine of the simulated endothermic combustion vehicle and a sound simulation routine of the simulated endothermic combustion vehicle; and after receiving the activation signal and setting the value of the simulated engine revolutions to the default value, the sound simulation routine emitting a sampled start sound; wherein the control unit is configured to: determine the simulated gear inserted value of the simulated endothermic combustion vehicle;
calculate, through the emulation module, a value of simulated engine revolutions at the current time depending on at least the acceleration signal, the number of revolutions of the electric motor and the simulated gear inserted value; and calculate, by means of the emulation module, either one or both: the requested simulated torque value as a function of the simulated engine revolutions value and of the acceleration signal; and/or requested simulated power as a function of the simulated engine revolutions value and of the acceleration signal;
the control unit supplying in output the requested simulated torque value and/or the requested simulated power calculated to command a controller of the electric propulsion vehicle to deliver such a torque or power, or determining an accelerator control signal function of the requested simulated torque value and/or of the calculated requested simulated power and of the value relative to the engine revolutions of the electric motor, the accelerator control signal being sent to the electric propulsion vehicle to control the electric propulsion vehicle,
wherein the control unit is configured to iteratively calculate a value of simulated engine revolutions at the current time depending on at least the acceleration signal and the value of simulated engine revolutions in idle at the preceding time, and
the emulator further comprising a memory operatively connected to the control unit and comprising at least one calibration map in which, following an input function of the accelerator signal and function of the number of simulated engine revolutions in idle at the preceding time is univocally associated to a number of simulated revolutions, the control unit accessing the memory and the calibration map each predetermined time interval to receive the simulated number of revolutions in idle at the preceding time and calculate the vale of simulated engine revolutions at the current time.
32. The emulator according to claim 31, wherein the emulator further comprises a gear sensor configured to emit a gear signal relative to the position of a gear shift selector of the electric propulsion vehicle, the processor being configured to:
receive the gear signal emitted by the gear sensor, and
determine the simulated gear inserted value of the simulated vehicle based on the gear signal.
5. The emulator according to claim 1, further comprising a second sensor configured to emit a gear signal relative to the position of a gear shift selector of the electric propulsion vehicle, the control unit being configured to
further receive the gear signal, wherein the gear signal comprises an upper position signal and a lower position signal,
the control unit being configured to determine the simulated geared inserted value of the simulated endothermic combustion vehicle, between a minimum value of zero and a maximum configurable value, increasing or decreasing the value of a simulated gear inserted depending on receiving the upper position signal or the lower position signal, the control unit receiving the upper position signal thereby increasing the value of simulated gear inserted by one unit and receiving the lower position signal thereby decreasing the value of simulated gear inserted by one unit.
33. The emulator according to claim 32, wherein the gear signal comprises an upper position signal and a lower position signal, the processor being configured to determine the simulated gear inserted value of the combustion vehicle, between a minimum value of zero and a maximum value, increasing or decreasing the simulated gear inserted value depending on receiving the upper position signal or the lower position signal, the processor receiving the upper position signal thereby increasing the simulated gear inserted value by one unit and receiving the lower position signal thereby decreasing the simulated gear inserted value by one unit.
5. The emulator according to claim 1, … wherein the gear signal comprises an upper position signal and a lower position signal, the control unit being configured to determine the simulated geared inserted value of the simulated endothermic combustion vehicle, between a minimum value of zero and a maximum configurable value, increasing or decreasing the value of a simulated gear inserted depending on receiving the upper position signal or the lower position signal, the control unit receiving the upper position signal thereby increasing the value of simulated gear inserted by one unit and receiving the lower position signal thereby decreasing the value of simulated gear inserted by one unit.
34. The emulator according to claim 31, wherein the processor is further configured to calculate a simulated torque value relative to the simulated gear inserted based on the acceleration signal and the simulated engine revolutions.
12. The emulator according to claim 1, further comprising a memory operatively connected to the control unit and comprising at least one simulated torque map and/or a simulated power map, wherein, following an input function of the acceleration signal and an input function of the simulated engine revolutions, a torque value relative to the simulated gear inserted and/or power value relative to the simulated gear inserted is unequivocally associated, the control unit accessing the memory and the simulated torque map and/or the simulated power map to receive the torque value relative to the simulated gear inserted and/or power value relative to the simulated gear inserted.
35. The emulator according to claim 31, wherein the processor is further configured to control a vibrator of the electric propulsion vehicle to vary a frequency and/or an intensity of vibrations generated by the vibrator based on at least one of the value of simulated engine revolutions, the acceleration signal, the simulated gear inserted value and the simulated torque value.
19. The emulator according to claim 1, wherein the control unit, following the reception of the activation signal and the setting of the value of the simulated engine revolutions to the default value, is further configured to send an activation signal to a vibration emulation system of the electric propulsion vehicle, the vibration emulation system comprises a predetermined number of vibration generators, the control unit varying the vibration frequency and intensity of the vibration generator as a function of the acceleration signal and the simulated engine revolutions; the control unit controlling the vibration generators by means of one or more control signals as a function at least of the value of simulated engine revolutions, of the acceleration signal, of the simulated gear inserted value, of a clutch signal and of the requested simulated torque value, the control unit controlling the vibration generators through one or more control signals, at least as a function of sounds emitted by the sound simulation routine, and wherein, at each variation in the simulated gear inserted value, the vibration emulation system reproduces a gear inserted vibration, the gear inserted vibration adding to further vibrations generated by the vibration emulation system.
36. The emulator according to claim 31, wherein the processor is further configured to trigger the reproduction of a sound that vary as a function of at least one of the simulated engine revolutions value, the acceleration signal, the simulated gear inserted value and the simulated torque value;
wherein the processor is further configured to trigger the reproduction of the sound each time the simulated gear inserted value changes.
20. The emulator according to claim 1, …
the sound simulation routine is configured to reproduce sounds that vary at least in the simulated engine revolutions value, of the acceleration signal, of the simulated gear inserted value, of a clutch signal and of the requested simulated torque value;
… and wherein, at each change of the simulated gear inserted value, the sound simulation routine will reproduce a gear shift sound, the gear shift sound adding to additional sounds generated by the simulation routine.
37. The emulator according to claim 31, further comprising a memory operatively connected to the processor and comprising a motor brake/inertia parameter map of the simulated vehicle, wherein an engine/brake torque value is associated with a respective variation of the value of simulated engine revolutions,
wherein the processor is configured to:
calculate a variation of the simulated engine revolutions to obtain an engine brake/inertia torque value, and
correct the simulated torque value at a current time based on the engine brake/inertia torque value and the simulated torque value at the preceding time to obtain regenerative braking when the simulated torque value is less than zero.
18. The emulator according to claim 1, further comprising a memory operatively connected to the control unit and comprising at least one motor brake/inertia parameter map of the simulated endothermic combustion vehicle associated with a respective variation, positive or negative, of the value of simulated engine revolutions, and
wherein the control unit is configured to calculate the variation of the simulated engine revolutions and obtain an engine brake/inertia torque value,
the control unit adding the engine brake/inertia torque value to the requested simulated torque value to correct the requested simulated torque value and obtain an engine brake or engine inertia effect, wherein the variation of the simulated engine revolutions value is calculated only when the requested simulated torque value is less than zero, wherein a requested simulated torque value corrected below zero controls the control unit to obtain regenerative braking.
38. The emulator according to claim 21, wherein the processor is further configured to trigger the reproduction of a sound of the electric propulsion vehicle based on the acceleration signal and the simulated engine revolutions,
wherein the processor is configured to vary a volume of sound emission according to the acceleration signal.
20. The emulator according to claim 1, … the sound simulation routine is configured to reproduce sounds that vary at least in the simulated engine revolutions value, of the acceleration signal, of the simulated gear inserted value, of a clutch signal and of the requested simulated torque value;
wherein the sound simulation routine is configured to vary a volume of sound emission according to the acceleration signal…
39. The emulator according to claim 21, wherein the processor is further configured to trigger the reproduction of a sound simulating the performance of an electric propulsion vehicle, by playing a plurality of pre-stored audio tracks.
1. … after receiving the activation signal and setting the value of the simulated engine revolutions to the default value, the sound simulation routine emitting a sampled start sound…
41. Emulator for an electric propulsion vehicle comprising a processor programmed to:
determine a value relating to engine revolutions of an electric motor of the electric propulsion vehicle based on a vehicle speed signal of the electric propulsion vehicle and/or based on an engine revolution signal relating to the engine revolutions of the electric motor of the electric propulsion vehicle;
determine a simulated gear inserted value of a simulated endothermic combustion vehicle;
determine a value of simulated engine revolutions at a current time based on the number of engine revolutions of the electric motor and the simulated gear inserted value; and
control a vibrator to vary a frequency and/or an intensity of vibrations generated by the vibrator, based on the simulated engine revolutions value and the simulated gear inserted value.
1. Sound and performance emulator for an electric propulsion vehicle comprising: a control unit configured to receive a plurality of input signals comprising at least: … a vehicle speed signal relating to the speed of the electric propulsion vehicle to determine a value relating to the engine revolutions of an electric motor of the electric propulsion vehicle and/or an engine revolution signal relating to the engine revolutions of the electric motor of the electric propulsion vehicle;
wherein the control unit is configured to provide a plurality of output values comprising at least: … a simulated gear inserted value of the simulated endothermic combustion vehicle…
wherein the control unit is configured to: determine the simulated gear inserted value of the simulated endothermic combustion vehicle; calculate, through the emulation module, a value of simulated engine revolutions at the current time depending on at least the acceleration signal, the number of revolutions of the electric motor and the simulated gear inserted value…
19. … the control unit varying the vibration frequency and intensity of the vibration generator as a function of the acceleration signal and the simulated engine revolutions; the control unit controlling the vibration generators by means of one or more control signals as a function at least of the value of simulated engine revolutions, of the acceleration signal, of the simulated gear inserted value, of a clutch signal and of the requested simulated torque value…
42. The emulator according to claim 35, wherein the vibrator is configured to reproduce a gear shifting vibration at each variation of the simulated gear inserted value.
19. … at each variation in the simulated gear inserted value, the vibration emulation system reproduces a gear inserted vibration…
43. The emulator according to claim 35, wherein the processor is further configured to:
trigger the reproduction of a sound simulating the performance of the electric propulsion vehicle; and
control the vibrator based on the sound simulating the performance of the electric propulsion vehicle.
1. … activate and run an emulation module which includes a performance simulation routine of the simulated endothermic combustion vehicle and a sound simulation routine of the simulated endothermic combustion vehicle; and after receiving the activation signal and setting the value of the simulated engine revolutions to the default value, the sound simulation routine emitting a sampled start sound…
19. … the control unit controlling the vibration generators through one or more control signals, at least as a function of sounds emitted by the sound simulation routine…
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.
Claims 21, 23, 26, 30-32, 34, 36, and 38-39 are rejected under 35 U.S.C. § 103 as being unpatentable over Aoyagi et al. (US 2014/0375443 A1), hereinafter referred to as Aoyagi, in view of Baur et al. (US 2008/0060861 A1), hereinafter referred to as Baur.
Regarding claim 21:
Aoyagi discloses the following limitations:
“Emulator for an electric propulsion vehicle comprising a processor configured to: determine an acceleration signal relating to a position of an accelerator of the electric propulsion vehicle.” (Aoyagi Abstract discloses that a “notification sound control unit of an approaching vehicle audible system includes a first rotation speed calculation section that calculates a first rotation speed, based on an accelerator opening degree signal of an electric vehicle.”)
“determine a value relating to engine revolutions of an electric motor of the electric propulsion vehicle based on a vehicle speed signal of the electric propulsion vehicle and/or based on an engine revolution signal relating to the engine revolutions of the electric motor of the electric propulsion vehicle.” (Aoyagi Abstract: “notification sound control unit of an approaching vehicle audible system includes… a second rotation speed calculation section that calculates a second rotation speed, based on a vehicle speed signal of the electric vehicle.” This at least teaches to “determine a value relating to engine revolutions of an electric motor of the electric propulsion vehicle based on a vehicle speed signal of the electric propulsion vehicle” as claimed.)
“determine a simulated gear inserted value of a simulated endothermic combustion vehicle.” (Aoyagi ¶ 54: “a virtual gear shifting section 8 receives the value of the second rotation speed calculated based on the vehicle signal 4 in the second rotation speed calculation section 2, determines a gear value in accordance with the value of the second rotation speed, and then notifies the first rotation speed calculation section 1 and the second rotation speed calculation section 2 of variable parameters in accordance with the gear value.”)
“calculate a value of simulated engine revolutions at a current time depending on at least one of the acceleration signal, the value relating to engine revolutions of the electric motor and the simulated gear inserted value.” (Aoyagi ¶ 12 disclose “a first rotation speed calculation section that calculates a rotation speed, based on an accelerator opening degree signal among vehicle information signals of the electric vehicle, a second rotation speed calculation section that calculates a rotation speed, based on a vehicle speed signal among vehicle information signals of the electric vehicle, a rotation speed synthesis section that synthesizes a first rotation speed calculated by the first rotation speed calculation section and a second rotation speed calculated by the second rotation speed calculation section, a virtual engine rotation speed calculation section that applies filtering processing to a synthesis rotation speed synthesized by the rotation speed synthesis section so as to calculate a virtual engine rotation speed.” Also, Aoyagi ¶ 55: “FIG. 15 represents a virtual engine rotation speed calculation flow in the notification sound control unit of the approaching vehicle audible system according to Embodiment 2 of the present invention. In FIG. 15, the steps including and before the step of the first rotation speed calculation and the second rotation speed calculation (S1, S2, and S3), the rotation speed synthesis processing (S4) and the virtual engine rotation speed calculation (S5) are the same as those steps in FIG. 12 in Embodiment 1.” Also, Aoyagi ¶ 51 describes that the steps of FIG. 12 involve calculating rotation speed based in part on “obtained accelerator opening degree signal,” and Aoyagi ¶ 56 teaches that the calculated rotation speed is based in part on the gear value.)
Many of the above features of instant claim 21 are disclosed by Aoyagi’s Embodiment 1. However, some of the features are instead taught by Aoyagi’s Embodiment 2 (i.e., the steps to “determine a simulated gear inserted value of a simulated endothermic combustion vehicle” and “calculate a value of simulated engine revolutions at a current time depending on at least one of the acceleration signal, the value relating to engine revolutions of the electric motor and the simulated gear inserted value”). Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify Embodiment 1 of Aoyagi by integrating features from Aoyagi’s Embodiment 2 with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this because Aoyagi ¶ 66 states that “In the scope of the present invention, the embodiments thereof can be combined with one another and can appropriately be modified or omitted.”
The following limitations are not specifically taught by Aoyagi, but are taught by Baur:
“calculate at least one of: a simulated torque value as a function of the simulated engine revolutions value and of the acceleration signal; and an accelerator control signal as a function of the simulated torque value.” (Baur ¶ 27 and FIG. 4 reproduced below: “processor 24, using this relationship, determines a simulated engine torque 46 based on the relationship between the simulated engine torque 46, the simulated engine speed 26, and the acceleration input 34.” This at least teaches to calculate “a simulated torque value as a function of the simulated engine revolutions value and of the acceleration signal” as claimed.)
PNG
media_image1.png
343
416
media_image1.png
Greyscale
“controlling the electric motor of the electric propulsion vehicle based on the simulated torque value or the accelerator control signal.” (Baur ¶ 32: “Using the simulated properties and/or sensed properties of the vehicle, the processor preferably controls the vehicle, adjusts the motor, controls the feedback devices, and/or performs any other suitable function or any other suitable combination to allow the user of the entertainment vehicle 10 to experience the sensation and strategy of driving a vehicle with an internal combustion engine and multiple gear ratios.” This at least teaches “controlling the electric motor of the electric propulsion vehicle based on the simulated torque value” as claimed.)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system of Aoyagi by calculating a simulated torque value for controlling the motor based on a value of simulated engine revolutions and an acceleration input as taught by Baur with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this since Baur ¶¶ 31-32 teach that this contributes to a system that can “allow the user of the entertainment vehicle 10 to experience the sensation and strategy of driving a vehicle with an internal combustion engine and multiple gear ratios.”
Note that under the broadest reasonable interpretation (BRI) of claim 21, consistent with the specification, the limitations listed below are each treated as alternative limitations:
“determine a value relating to engine revolutions of an electric motor of the electric propulsion vehicle based on a vehicle speed signal of the electric propulsion vehicle and/or based on an engine revolution signal relating to the engine revolutions of the electric motor of the electric propulsion vehicle.”
“calculate a value of simulated engine revolutions at a current time depending on at least one of the acceleration signal, the value relating to engine revolutions of the electric motor and the simulated gear inserted value.”
“calculate at least one of: a simulated torque value as a function of the simulated engine revolutions value and of the acceleration signal; and an accelerator control signal as a function of the simulated torque value.”
“controlling the electric motor of the electric propulsion vehicle based on the simulated torque value or the accelerator control signal.”
Applicant has elected to use the terms “or,” “and/or,” and “at least one” in the claim language. Therefore, for each alternative limitation, the BRI covers the scenario in which only one of the limitations applies. Accordingly, while only determining “a value relating to engine revolutions of an electric motor of the electric propulsion vehicle based on a vehicle speed signal of the electric propulsion vehicle,” calculating “a simulated torque value as a function of the simulated engine revolutions value and of the acceleration signal,” and “controlling the electric motor of the electric propulsion vehicle based on the simulated torque value” have been addressed here, the claim is still rejected in its entirety.
Regarding claim 23:
The combination of Aoyagi and Baur teaches “The emulator according to claim 21,” and Aoyagi further teaches “wherein the processor is configured to iteratively calculate a value of simulated engine revolutions at the current time depending on the acceleration signal and the value of simulated engine revolutions in neutral at a preceding time.” (Aoyagi ¶ 33: “based on vehicle information items such as an accelerator opening degree or a vehicle speed, a virtual engine rotation speed corresponding to the rotation speed of the engine of a conventional engine automobile is calculated.” Further, Aoyagi ¶ 47: “As the approximation equation in the virtual engine rotation speed calculation section 6, a moving average can be utilized. An example of moving average for calculating a virtual engine rotation speed ImR (NEW) is given by the equation” reproduced below:
PNG
media_image2.png
27
338
media_image2.png
Greyscale
where ImR (OLD) denotes the virtual engine rotation speed [rpm] that has been calculated last time; R (NEW) denotes the rotation speed [rpm] that is obtained this time from the rotation speed synthesis section; N denotes a coefficient.” Also, Aoyagi ¶ 43: “FIG. 5 represents an example in which the synthesis proportion is determined in accordance with the shift position. When the shift position is P (parking) or N (neutral), the vehicle speed is ‘0’; thus, the proportion of the first rotation speed, which is a rotation speed calculated based on the acceleration opening degree, is set to 10, i.e., 100%.”)
Regarding claim 26:
The combination of Aoyagi and Baur teaches “The emulator according to claim 21,” and Baur also teaches “wherein the processor is further configured to calculate a simulated torque value relative to the simulated gear inserted and/or power value relative to the simulated gear inserted based on the acceleration signal and the simulated engine revolutions.” (Baur ¶ 31 and FIG. 8 below: “As shown in FIG. 8, the processor preferably determines a simulated transmission output torque 52 using a fourth relationship of the preferred embodiments. The fourth relationship is a relationship between a simulated transmission output torque 52, the simulated engine torque 46, and the gear selection 18. The processor 24 using this relationship, determines a simulated transmission output torque 52 based on the simulated engine torque 46 and the gear selection 18. This relationship is preferably the simulated engine torque 46 divided by the ratio of simulated engine speed 26 over sensed vehicle speed 22, specific to the specific gear selection 18, but may alternatively be any suitable relationship between a simulated transmission output torque 52, the simulated engine torque 46, and the gear selection 18.” This at least teaches the calculation of a simulated torque value relative to the simulated gear inserted as claimed.)
PNG
media_image3.png
772
299
media_image3.png
Greyscale
Note that under the BRI of claim 26, consistent with the specification, the calculation of “a simulated torque value relative to the simulated gear inserted and/or power value relative to the simulated gear inserted” is treated as an alternative limitation. Applicant has elected to use the term “and/or” in the claim language, and therefore, the BRI covers the scenario in which only one of each limitation applies. Accordingly, while only the “simulated torque value relative to the simulated gear inserted” has been addressed here, the claim is still rejected in its entirety.
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system of Aoyagi by calculating a simulated torque value based on a simulated gear, an acceleration input, and a simulated engine speed as taught by Baur with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this because Baur ¶¶ 31-32 teach that this helps “to allow the user of the entertainment vehicle 10 to experience the sensation and strategy of driving a vehicle with an internal combustion engine and multiple gear ratios.”
Regarding claim 30:
The combination of Aoyagi and Baur teaches “The emulator according to claim 21,” and Aoyagi also teaches the following limitations:
“wherein the processor is further configured to trigger a reproduction of a sound that vary as a function of at least one of the simulated engine revolutions value, the acceleration signal, the simulated gear inserted value and the simulated torque value.” (Aoyagi ¶ 49: “The notification sound signal generation processing section 7 utilizes, as a parameter, a virtual engine rotation speed calculated by the virtual engine rotation speed calculation section 6 so as to change the pitch and the volume of a sound element, and then outputs, as a notification sound signal, a notification sound to be emitted.” Also, Aoyagi ¶¶ 51 and 56 teach that the rotation speed is calculated based on the “obtained accelerator opening degree signal” and the gear value. This at least teaches that the sound varies as a function of the simulated engine revolutions value, the acceleration, and the simulated gear inserted value as claimed.)
“and wherein the processor is further configured to trigger the reproduction of the sound each time the simulated gear inserted value changes.” (Aoyagi ¶ 62: “when the virtual gear shifting section 8 changes the gear value, the calculated engine rotation speed has discontinuity, in general; therefore, the feeling of discomfort occurs in the notification sound. However, by use of the filtering processing by the virtual engine rotation speed calculation section 6, in which the inertia of a vehicle is simulated, the rotation-speed change in accordance with the gear value can also be smoothly simulated. As a result, a more natural transition of a sound at a time when the gear is changed can be reproduced by simple processing.”)
Note that under the BRI of claim 30, consistent with the specification, varying the sound “as a function of at least one of the simulated engine revolutions value, the acceleration signal, the simulated gear inserted value and the simulated torque value” is treated as an alternative limitation. Applicant has elected to use the phrase “at least one” in the claim language, and therefore, the BRI covers the scenario in which only one of each limitation applies. Accordingly, while only the “simulated engine revolutions value,” “acceleration signal,” and “simulated gear inserted value” have been addressed here, the claim is still rejected in its entirety.
Regarding claim 31:
Aoyagi discloses “wherein the processor is further configured to iteratively calculate a value of simulated engine revolutions at the current time depending on the acceleration signal and the value of simulated engine revolutions in neutral at a preceding time.” (Aoyagi ¶ 33: “based on vehicle information items such as an accelerator opening degree or a vehicle speed, a virtual engine rotation speed corresponding to the rotation speed of the engine of a conventional engine automobile is calculated.” Further, Aoyagi ¶ 47: “As the approximation equation in the virtual engine rotation speed calculation section 6, a moving average can be utilized. An example of moving average for calculating a virtual engine rotation speed ImR (NEW) is given by the equation” reproduced below:
PNG
media_image2.png
27
338
media_image2.png
Greyscale
where ImR (OLD) denotes the virtual engine rotation speed [rpm] that has been calculated last time; R (NEW) denotes the rotation speed [rpm] that is obtained this time from the rotation speed synthesis section; N denotes a coefficient.” Also, Aoyagi ¶ 43: “FIG. 5 represents an example in which the synthesis proportion is determined in accordance with the shift position. When the shift position is P (parking) or N (neutral), the vehicle speed is ‘0’; thus, the proportion of the first rotation speed, which is a rotation speed calculated based on the acceleration opening degree, is set to 10, i.e., 100%.”)
The remaining limitations of claim 31 are taught by the combination of Aoyagi and Baur using the same rationale applied to claim 21 above, mutatis mutandis.
Regarding claim 32:
The combination of Aoyagi and Baur teaches “The emulator according to claim 31,” and Baur further teaches “wherein the emulator further comprises a gear sensor configured to emit a gear signal relative to the position of a gear shift selector of the electric propulsion vehicle, the processor being configured to: receive the gear signal emitted by the gear sensor, and determine the simulated gear inserted value of the simulated vehicle based on the gear signal.” (Baur ¶ 19: “The user interface 30 of the preferred embodiment additionally includes a gear selector 16 that functions to receive a gear selection 18 amongst a number of simulated gear ratios.”)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system of Aoyagi by allowing a user to select a simulated gear inserted value as taught by Baur with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this because Baur ¶ 4 teaches that “The experience and strategy of driving and racing an entertainment vehicle with electric motors is, however, reduced because the need to select a gear ratio to maximize engine torque and vehicle speed and to maximize engine efficiency and minimize fuel consumption is completely eliminated. This reduction in experience and strategy may reduce the overall entertainment value of vehicles with electric engines, which may reduce the adoption of these vehicles that would reduce pollution and would otherwise benefit society.” Accordingly, allowing the user to select the simulated gear could improve the user driving experience which would in turn contribute to an increased prevalence of electric vehicles.
Regarding claim 34:
The combination of Aoyagi and Baur teaches “The emulator according to claim 31,” and Baur further teaches “wherein the processor is further configured to calculate a simulated torque value relative to the simulated gear inserted based on the acceleration signal and the simulated engine revolutions.” (Baur ¶¶ 26-27 and FIGS. 2 and 4 reproduced below: “The processor 24, using this first relationship, determines the simulated engine speed 26 based on the gear selection 18, the sensed vehicle speed 22, and the relationship between the simulated engine speed 26 and the sensed vehicle speed 22 for the given gear selection 18. … The processor 24, using this relationship, determines a simulated engine torque 46 based on the relationship between the simulated engine torque 46, the simulated engine speed 26, and the acceleration input 34.”)
PNG
media_image4.png
307
513
media_image4.png
Greyscale
PNG
media_image1.png
343
416
media_image1.png
Greyscale
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system of Aoyagi by calculating a simulated torque value for controlling the motor based on a simulated gear inserted, a value of simulated engine revolutions and an acceleration input as taught by Baur with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this since Baur ¶¶ 31-32 teach that this contributes to a system that can “allow the user of the entertainment vehicle 10 to experience the sensation and strategy of driving a vehicle with an internal combustion engine and multiple gear ratios.”
Regarding claim 36:
Claim 36 is rejected with the same rationale applied to claim 30 above, mutatis mutandis.
Regarding claim 38:
The combination of Aoyagi and Baur teaches “The emulator according to claim 21,” and Aoyagi also teaches the following limitations:
“wherein the processor is further configured to trigger the reproduction of a sound of the electric propulsion vehicle based on the acceleration signal and the simulated engine revolutions.” (Aoyagi ¶ 49: “notification sound signal generation processing section 7 utilizes, as a parameter, a virtual engine rotation speed calculated by the virtual engine rotation speed calculation section 6 so as to change the pitch and the volume of a sound element, and then outputs, as a notification sound signal, a notification sound to be emitted.” Also, Aoyagi ¶ 51 teaches that the rotation speed is calculated based on the “obtained accelerator opening degree signal.”)
“wherein the processor is configured to vary a volume of sound emission according to the acceleration signal.” (Aoyagi ¶ 34: “The first rotation speed calculated by the first rotation speed calculation section 1 based on the accelerator opening degree signal 3 and the second rotation speed calculated by the second rotation speed calculation section 2 based on the vehicle speed signal 4 are synthesized in a rotation speed synthesis section 5, so that a synthesis rotation speed is obtained. Then, a virtual engine rotation speed calculation section 6 processes the synthesis rotation speed through processing utilizing a filter or the like so as to calculate a final virtual engine rotation speed. Based on the calculated virtual engine rotation speed, a notification sound signal generation processing section 7 controls the pitch (pitch of a sound) and the volume of a sound element sound and outputs a notification sound signal.”)
Regarding claim 39:
The combination of Aoyagi and Baur teaches “The emulator according to claim 21,” and Aoyagi also teaches “wherein the processor is further configured to trigger the reproduction of a sound simulating the performance of an electric propulsion vehicle, by playing a plurality of pre-stored audio tracks.” (Aoyagi ¶ 49: “The notification sound signal generation processing section 7 utilizes, as a parameter, a virtual engine rotation speed calculated by the virtual engine rotation speed calculation section 6 so as to change the pitch and the volume of a sound element, and then outputs, as a notification sound signal, a notification sound to be emitted. … A sound element is a loop sound obtained by storing for a predetermined time digital data of a sound created, for example, through PCM, as data of a sound that is a base of the notification sound.”)
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Aoyagi in view of Baur as applied to claim 21 above, and further in view of Yeung (US 2018/0090125 A1).
Regarding claim 22:
The combination of Aoyagi and Baur teaches “The emulator according to claim 21,” and Aoyagi further teaches the emulator “further comprising a memory operatively connected to the processor.” (Aoyagi ¶ 49 teaches that the system has the ability to store digital data.)
The combination of Aoyagi and Baur teaches does not specifically teach the emulator “comprising a selection list of a plurality of vehicles to be simulated, the processor having a vehicle selection form to allow a user to select one of the vehicles on the selection list, each vehicle on the selection list being associated with a corresponding vehicle-specific data package, wherein the corresponding vehicle-specific data package is based on technical features of the selected vehicle.” However, Yeung does teach these limitations. (Yeung ¶ 5: “Each of the sound profiles specifies a plurality of sounds for providing a sound experience. The sound experience system receives an indication of a first sound profile from the list of sound profiles.” Also, Yeung ¶ 20: “the sound experience system can further simulate the sound of a fuel vehicle engine accelerating, which can include engine sounds, transmission sounds, exhaust sounds, or any other acceleration sounds of a fuel vehicle… During the acceleration phase, the sound experience system can obtain data related to the acceleration and rate of acceleration from the sensors, so that the acceleration data can be processed by the computing system in order to identify simulated acceleration sound to be provided to the driver and passengers.” Also, Yeung ¶ 26: “the sound experience system can be used to provide a traditional driving experience to electric cars, by adding realistic engine noises, gearshifts, vibrations and other similar ‘vintage’ characteristics of traditional gasoline or diesel-powered vehicles, into a modern electric vehicle.”)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system that is disclosed by the combination of Aoyagi and Baur by allowing a user to select a vehicle sound profile as is taught by Yeung with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this because Yeung ¶ 22 teaches that with this modification, “the same electric vehicle can be used with a sports car selected, and the electric vehicle can drive, sound, and feel like a sports car. This can give a driver the satisfaction of selecting the driving mode to match a certain vehicle.”
Claims 25 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Aoyagi in view of Baur as applied to claims 21 and 32 above, and further in view of Ballard (US 2012/0083958 A1).
Regarding claim 25:
The combination of Aoyagi and Baur teaches “The emulator according to claim 21,” but does not explicitly teach the emulator “further comprising a gear sensor configured to emit a gear signal relative to the position of a gear shift selector of the electric propulsion vehicle, the processor being configured to further receive the gear signal, wherein the gear signal comprises an upper position signal and a lower position signal, the processor being configured to determine the simulated gear inserted value of the simulated endothermic combustion vehicle, between a minimum value of zero and a maximum value, increasing or decreasing the simulated gear inserted value depending on receiving the upper position signal or the lower position signal, the processor receiving the upper position signal thereby increasing the simulated gear inserted value by one unit and receiving the lower position signal thereby decreasing the simulated gear inserted value by one unit.” However, Ballard does teach these limitations. (Ballard ¶ 6: “the interface for the transmission unit typically requires that the driver change gear ratios sequentially. For example, if the transmission unit is currently in second gear, then the next selected gear must be first gear (one gear lower) or third gear (one gear higher).” Also, Ballard ¶ 74: “Each transmission profile 1016 includes a plurality of simulated gear ratios (‘SGR’) 1018 ranging from a lowest simulated gear ratio to a highest simulated gear ratio and a gear selector table 1019 correlating each of the plurality of simulated gear ratios with a unique position of the gear selector 1014.”)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system that is disclosed by the combination of Aoyagi and Baur by incorporating a gear shift selector with a range of gears that are selected sequentially as is taught by Ballard with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this because Ballard ¶¶ 5-7 teach that this can help provide a more desirable control interface and fulfill the need for “simulating manual transmission operation in a vehicle having an automatic transmission.”
Regarding claim 33:
Claim 33 is rejected with the same rationale applied to claim 25 above, mutatis mutandis.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Aoyagi in view of Baur as applied to claim 21 above, and further in view of Takahashi et al. (US 2013/0177167 A1), hereinafter referred to as Takahashi.
Regarding claim 27:
The combination of Aoyagi and Baur teaches “The emulator according to claim 21,” but does not explicitly teach “wherein the processor is further configured to calculate an accelerator control value based on the value relative to the engine revolutions of the electric motor and the simulated torque value to be sent to the controller of the electric propulsion vehicle to control the electric propulsion vehicle.” However, Takahashi does teach this limitation. (Takahashi ¶ 123: “accelerator opening degree estimation unit 65 estimates an accelerator opening degree based on the necessary torque T2 computed by the necessary torque computing unit 62 and the motor rotation speed estimated from the vehicle speed V.”)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system that is disclosed by the combination of Aoyagi and Baur by calculating the accelerator command value based on the motor rotation speed and the torque value as taught by Takahashi with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this because Takahashi ¶ 123 teaches that “As a result, the accelerator opening degree can be more accurately estimated, so that a running-linked sound matching the running state of the electric two-wheeled vehicle 1 can be produced.”
Claims 29, 35, and 42-43 are rejected under 35 U.S.C. 103 as being unpatentable over Aoyagi in view of Baur as applied to claims 21 and 31 above, and further in view of Draganic (US 2015/0199955 A1).
Regarding claim 29:
The combination of Aoyagi and Baur teaches “The emulator according to claim 21,” and Baur also teaches “wherein the processor is further configured to control a vibrator of the electric propulsion vehicle.” (Baur ¶ 22: “The entertainment vehicle 10 preferably includes a seat 42 coupled to the vehicle and a tactile transducer coupled to the seat 42 that creates simulated engine vibrations based on the simulated engine speed 26.”)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system of Aoyagi by controlling a vibrator of the vehicle as taught by Baur with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this because Baur ¶ 37 teaches that this “allows the user of the entertainment vehicle 10 to experience the tactile sensation of driving a vehicle with an internal combustion engine and multiple gear ratios.”
The combination of Aoyagi and Baur does not explicitly teach “to vary a frequency and/or an intensity of vibrations generated by the vibrator based on at least one of the value of simulated engine revolutions, the acceleration signal, the simulated gear inserted value and the simulated torque value.” However, Draganic does teach this limitation. (Draganic ¶ 17: “After starting, the system and method can provide the traditional driving experience of an engine idling, which can include the traditional idling increasing and decreasing as a fuel engine warms up, which can be provided as idling sound and/or haptic feedback.” Also, Draganic ¶ 22: “the sound and/or feel of standard transmission gear shifting can be provided in the simulated traditional driving experience. This can be with or without a gear shift lever. When a gear shift lever is used, the vibrations and clunking of engagement and disengagement of the transmission can be simulated by the gear shift lever and passed to the driver's hand. When a gear shift lever is not used, such vibrations and clunking of using a gear shift lever can be simulated with sound and/or haptic feedback.” Further, Draganic ¶ 35: “The visual output can be on a dashboard display or other display, which may provide visual simulation of engine RPM, such as a graphical tachometer, or any other driving visual, such as gas level gages even though the electric car does not include a gas tank. The driver can then receive the audio, visual, and haptic outputs to receive the traditional driving experience simulation in the electric vehicle.” Also, Draganic ¶ 41: “the system can include various sound and vibration recording devices that can be placed in locations where such sounds and vibrations occur… A sensor can be configured for each location. The sensors can be operably coupled to a computing system that can receive and store the recorded data. The system can also be used for data analysis and to determine when (e.g., acceleration and/or speed) to play certain sounds and/or emit haptic feedback during driving an electric vehicle.” This at least teaches to vary an intensity of the vibrations based on the value of simulated engine revolutions and the simulated gear inserted value as claimed.)
Note that under the broadest reasonable interpretation (BRI) of claim 29, consistent with the specification, varying “a frequency and/or an intensity of vibrations generated by the vibrator based on at least one of the value of simulated engine revolutions, the acceleration signal, the simulated gear inserted value and the simulated torque value” is being treated as an alternative limitation. Applicant has elected to use the term “and/or” and the phrase “at least one” in the claim language, and therefore, the BRI covers the scenario in which only one of the limitations applies. Accordingly, while only varying an intensity of vibrations based on the value of simulated engine revolutions and the simulated gear inserted value has been addressed here, the claim is still rejected in its entirety.
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system that is disclosed by the combination of Aoyagi and Baur by varying an intensity of the vibrations based on a value of simulated engine revolutions and a simulated gear value as taught by Draganic with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this because Draganic ¶ 33 teaches that this contributes to a system that can “greatly enhance the driving experience by reminding the driver cognitively of a traditional gasoline or diesel powered driving experience, providing comfort, enjoyment and higher marketable value for a car.”
Regarding claim 35:
Claim 35 is rejected with the same rationale applied to claim 29 above, mutatis mutandis.
Regarding claim 42:
The combination of Aoyagi, Baur, and Draganic teaches “The emulator according to claim 35,” and Draganic further teaches “wherein the vibrator is configured to reproduce a gear shifting vibration at each variation of the simulated gear inserted value.” (Draganic ¶ 22: “the sound and/or feel of standard transmission gear shifting can be provided in the simulated traditional driving experience. This can be with or without a gear shift lever. When a gear shift lever is used, the vibrations and clunking of engagement and disengagement of the transmission can be simulated by the gear shift lever and passed to the driver's hand. When a gear shift lever is not used, such vibrations and clunking of using a gear shift lever can be simulated with sound and/or haptic feedback.”)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system that is disclosed by the combination of Aoyagi and Baur by reproducing a gear shifting vibration at each simulated gear value as taught by Draganic with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this because Draganic ¶ 33 teaches that this contributes to a system that can “greatly enhance the driving experience by reminding the driver cognitively of a traditional gasoline or diesel powered driving experience, providing comfort, enjoyment and higher marketable value for a car.”
Regarding claim 43:
The combination of Aoyagi, Baur, and Draganic teaches “The emulator according to claim 35,” and Aoyagi additionally teaches “wherein the processor is further configured to: trigger the reproduction of a sound simulating the performance of the electric propulsion vehicle.” (Aoyagi Abstract discloses “a notification sound signal generation processing section that changes a pitch and a volume of a phoneme signal outputted from a phoneme, based on the virtual engine rotation speed, so as to generate a notification sound signal.”)
Aoyagi does not explicitly teach to “control the vibrator based on the sound simulating the performance of the electric propulsion vehicle.” However, Baur does teach this limitation. (Baur ¶¶ 36-37: “The processor may also simulate engine noise and/or vibration. The processor, through controlling the feedback devices (specifically the speakers 40), allows the user of the entertainment vehicle 10 to experience the aural sensation of driving a vehicle with an internal combustion engine internal combustion engine and multiple gear ratios. … The processor, through controlling the feedback devices (specifically the tactile devices), allows the user of the entertainment vehicle 10 to experience the tactile sensation of driving a vehicle with an internal combustion engine and multiple gear ratios.”)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system that is disclosed by the combination of Aoyagi and Draganic by controlling the vibrator along with the simulated sound as taught by Baur with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this because Baur ¶¶ 36-37 teach that this modification “allows the user of the entertainment vehicle 10 to experience the aural sensation [and the tactile sensation] of driving a vehicle with an internal combustion engine internal combustion engine and multiple gear ratios.”
Claims 24 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Aoyagi in view of Baur as applied to claim 21 above, and further in view of Allmendinger et al. (US 2016/0016091 A1), hereinafter referred to as Allmendinger.
Regarding claim 24:
The combination of Aoyagi and Baur teaches “The emulator according to claim 21,” but does not explicitly teach the emulator “further comprising a clutch sensor configured to emit a clutch signal relative to a position of a clutch of the electric propulsion vehicle, the processor being configured to further receive the clutch signal, wherein the clutch signal is function of a stroke of the clutch.” However, Allmendinger does teach this limitation. (Allmendinger ¶ 127: “The Clutch signal 1316 may be provided to a Motor Bypass Module 1360, and may be understood to range from a first value corresponding to a clutch being engaged, to a second value corresponding to a clutch being disengaged. For example, the Clutch signal 1316 may be controlled by a two-position switch 2002 (FIG. 16) on an R/C remote controller 2000 (FIG. 65).”)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system that is disclosed by the combination of Aoyagi and Baur by incorporating a clutch sensor for emitting a clutch signal as is taught by Allmendinger with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this because Allmendinger ¶ 116 teaches that this allows the system to “utilize user input from a Radio Control (R/C) vehicle transmit controller, together with vehicle state, to generate realistic vehicle sounds.” A person having ordinary skill in the art would have recognized that the ability to generate more realistic vehicle sounds would improve user enjoyment while driving.
Regarding claim 40:
The combination of Aoyagi and Baur teaches “The emulator according to claim 21,” but does not explicitly teach “wherein the processor is further configured to trigger the reproduction of a misfire sound each time the value of the simulated inserted gear changes.” However, this limitation is taught by Allmendinger. (Allmendinger ¶ 129: “Powerful full-sized engines have a range of dynamic sounds which can be heard when throttling down, or changing from one throttle level to another, lower throttle level. These dynamic sounds (such as popping, gurgling, backfire, etc.) may not be easily generated by the Vehicle Simulation system 1350 (FIGS. 65-66). In these cases, the accuracy of the simulation may be enhanced by including playback of actual recordings of a corresponding full-sized vehicle when throttle is reduced.”)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system that is disclosed by the combination of Aoyagi and Baur teaches by playing an audio recording of a vehicle backfiring when the gear changes as is taught by Allmendinger with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this since Allmendinger ¶ 129 teaches that this modification can help to enhance the accuracy of the simulation.
Claim 41 is rejected under 35 U.S.C. 103 as being unpatentable over Aoyagi et al. (US 2014/0375443 A1), hereinafter referred to as Aoyagi, in view of Fujikawa (US 2011/0085674 A1) and Draganic (US 2015/0199955 A1).
Regarding claim 41:
Aoyagi discloses the following limitations:
“Emulator for an electric propulsion vehicle comprising a processor programmed to: determine a value relating to engine revolutions of an electric motor of the electric propulsion vehicle based on a vehicle speed signal of the electric propulsion vehicle and/or based on an engine revolution signal relating to the engine revolutions of the electric motor of the electric propulsion vehicle.” (Aoyagi Abstract: “notification sound control unit of an approaching vehicle audible system includes… a second rotation speed calculation section that calculates a second rotation speed, based on a vehicle speed signal of the electric vehicle.” This at least teaches to “determine a value relating to engine revolutions of an electric motor of the electric propulsion vehicle based on a vehicle speed signal of the electric propulsion vehicle” as claimed.)
“determine a simulated gear inserted value of a simulated endothermic combustion vehicle.” (Aoyagi ¶ 54: “a virtual gear shifting section 8 receives the value of the second rotation speed calculated based on the vehicle signal 4 in the second rotation speed calculation section 2, determines a gear value in accordance with the value of the second rotation speed, and then notifies the first rotation speed calculation section 1 and the second rotation speed calculation section 2 of variable parameters in accordance with the gear value.”)
“determine a value of simulated engine revolutions at a current time based on … the simulated gear inserted value.” (Aoyagi ¶ 61: “rotation speed synthesis section 5 may change the synthesis proportion in accordance with the gear value determined by the virtual gear shifting section 8. FIG. 18 represents an example in which the synthesis proportion is changed in accordance with the gear value. The proportion of the second rotation speed based on the vehicle speed is made larger as the gear value, i.e., the transmission ratio becomes larger, so that it is made possible to make the rotation speed closer to the engine rotation speed of a conventional engine automobile; thus, a more natural notification sound can be produced.”)
Note that under the BRI of claim 41, consistent with the specification, determining “a value relating to engine revolutions of an electric motor of the electric propulsion vehicle based on a vehicle speed signal of the electric propulsion vehicle and/or based on an engine revolution signal relating to the engine revolutions of the electric motor of the electric propulsion vehicle” is treated as an alternative limitation. Applicant has elected to use the term “and/or” in the claim language, and therefore, the BRI covers the scenario in which only one of each limitation applies. Accordingly, while only the “vehicle speed signal of the electric propulsion vehicle” has been addressed here, the claim is still rejected in its entirety.
Aoyagi does not explicitly disclose to “determine a value of simulated engine revolutions at a current time based on the number of engine revolutions of the electric motor.” However, Fujikawa does teach this limitation. (Fujikawa ¶ 82: “The engine sound generation apparatus 10 may detect the number of rotations of the motor or detect an operated amount of a control that operates the motor, and use the detected number of rotations or operated amount as information for generating engine sound. Thus, even where the actual vehicle R is an electric vehicle, it travels in accordance with states of operation by the human driver. Thus, even engine sound based on a virtual number of engine rotations and accelerator opening degree, the human driver can feel the virtual engine sound as engine sound generated by the human driver's driving, as long as the virtual engine sound is generated in accordance with the states of operation by the human driver.”)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system of Aoyagi by determining a virtual number of engine rotations based on a detected number of rotations of the motor as taught by Fujikawa with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this because Fujikawa ¶ 82 teaches that with this modification, “even where the actual vehicle R is an electric vehicle, it travels in accordance with states of operation by the human driver. Thus, even engine sound based on a virtual number of engine rotations and accelerator opening degree, the human driver can feel the virtual engine sound as engine sound generated by the human driver's driving, as long as the virtual engine sound is generated in accordance with the states of operation by the human driver.”
The combination of Aoyagi and Fujikawa does not explicitly teach to “control a vibrator to vary a frequency and/or an intensity of vibrations generated by the vibrator, based on the simulated engine revolutions value and the simulated gear inserted value.” However, Draganic does teach this limitation. (Draganic ¶ 17: “After starting, the system and method can provide the traditional driving experience of an engine idling, which can include the traditional idling increasing and decreasing as a fuel engine warms up, which can be provided as idling sound and/or haptic feedback.” Additionally, Draganic ¶ 22: “the sound and/or feel of standard transmission gear shifting can be provided in the simulated traditional driving experience. This can be with or without a gear shift lever. When a gear shift lever is used, the vibrations and clunking of engagement and disengagement of the transmission can be simulated by the gear shift lever and passed to the driver's hand. When a gear shift lever is not used, such vibrations and clunking of using a gear shift lever can be simulated with sound and/or haptic feedback.” Further, Draganic ¶ 35: “The visual output can be on a dashboard display or other display, which may provide visual simulation of engine RPM, such as a graphical tachometer, or any other driving visual, such as gas level gages even though the electric car does not include a gas tank. The driver can then receive the audio, visual, and haptic outputs to receive the traditional driving experience simulation in the electric vehicle.” Additionally, Draganic ¶ 41: “the system can include various sound and vibration recording devices that can be placed in locations where such sounds and vibrations occur… A sensor can be configured for each location. The sensors can be operably coupled to a computing system that can receive and store the recorded data. The system can also be used for data analysis and to determine when (e.g., acceleration and/or speed) to play certain sounds and/or emit haptic feedback during driving an electric vehicle.” This at least teaches to “control a vibrator to vary … an intensity of vibrations generated by the vibrator, based on the simulated engine revolutions value and the simulated gear inserted value” as claimed.)
Note that under the broadest reasonable interpretation (BRI) of claim 41, consistent with the specification, varying “a frequency and/or an intensity of vibrations generated by the vibrator” is treated as an alternative limitation. Applicant has elected to use the term “and/or” in the claim language, and therefore, the BRI covers the scenario in which only one of the limitations applies. Accordingly, while only the “intensity of vibrations” has been addressed here, the claim is still rejected in its entirety.
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the system that is disclosed by the combination of Aoyagi and Fujikawa by varying an intensity of the vibrations based on simulated values of engine revolutions and gear as taught by Draganic with a reasonable expectation of success. A person having ordinary skill in the art could have been motivated to do this since Draganic ¶ 33 teaches that this contributes to a system that can “greatly enhance the driving experience by reminding the driver cognitively of a traditional gasoline or diesel powered driving experience, providing comfort, enjoyment and higher marketable value for a car.”
Allowable Subject Matter
Claims 28 and 37 would be allowable if rewritten to overcome the double patenting rejections set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maunder et al. Abstract discloses a system for augmenting the sound for an electric vehicle, in which “Sounds are sourced from acoustic inputs from the electric drive, providing a perceived authenticity, driver connection and organic load dependency not afforded conveyed by purely synthetic systems.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Madison R Inserra whose telephone number is (571)272-7205. The examiner can normally be reached Monday - Friday: 9:30 AM - 6:30 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aniss Chad can be reached at 571-270-3832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Madison R. Inserra/Primary Examiner, Art Unit 3662