DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
This action is in response to the Applicant’s filing on July 25, 2024. Claims 1-16 are pending and examined below.
Claim Objections
Claims 1 and 2 objected to because of the following informalities:
Claim 1: “the electric vehicle sound system” lacks antecedent basis.
Claim 2: "said software is includes sounds" appears to include a typographical error and would read more clearly if the element "is" was removed.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-2 and 7-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Although the preamble of claim 1 is directed to an apparatus the limitations of claim 1 are directed to “a software” and do not include structural limitations. Therefore, the claims do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed to “a software that causes a computer system to execute steps” which under a broadest reasonable interpretation can be interpreted as software (software per se). The court has found that software expressed as code or a set of instructions detached from any medium is an idea without physical embodiment, does not fall within any statutory category. See Microsoft Corp. v. AT&T Corp., 550 U.S. 437, 449, 82 USPQ2d 1400, 1407 (2007); see also Benson, 409 U.S. 67, 175 USPQ2d 675 (An "idea" is not patent eligible). Thus, an apparatus claim to a software program that does not also contain at least one structural limitation (such as a "means plus function" limitation) has no physical or tangible form, and thus does not fall within any statutory category. (see MPEP 2106.03)
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 1-16 provisionally rejected on the ground of nonstatutory double patenting as being anticipated by claims 45-60 of copending Application No. 18/783,603 (reference application).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2023/0144723 by Orzechowski et al. (herein after “Orzechowski”).
Note: Text written in bold typeface is claim language from the instant application. Text written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
Regarding claim 1, Orzechowski discloses an apparatus for emulating an internal-combustion-engine-performance vehicle audio experience in an electric vehicle (Orzechowski ¶ [0018]: a vibroacoustic enhancement (VE) system configured to uniquely combine sound and tactile vibration to provide an authentic “internal combustion engine” vibroacoustic experience in a vehicle without an internal combustion engine), comprising:
a software compatible with and able to be uploaded to an electric-vehicle control computer (Orzechowski ¶ [0049]: one or more processors and a non-transitory memory having instructions stored thereon that, when executed by the one or more processors, cause the controller to perform a set of operations corresponding to at least a portion of the techniques of the present application), including a mapping of the audio experience of an internal-combustion-engine-performance vehicle (Orzechowski ¶ [0043]: The sound files and themes 210 may be pre-generated sounds stored in controller 38. In the example embodiment, sound files and themes 210 can include dynamic internal combustion engine driving sounds such as, for example, acceleration, deceleration, and coasting with multiple sample based sound layers, as well as static trigger sounds such as an engine start, vehicle start, charge plug-in, etc);
wherein said software uses the electric vehicle sound system to play the sound of an internal-combustion-engine-performance vehicle in response to user actions in the electric vehicle (Orzechowski ¶ [0024]: the VE system 12 is configured to generate and combine tactile vibration and sound, which is then transmitted through the car body and sound system to immerse the occupants in an authentic “internal combustion engine” vibroacoustic experience; Orzechowski ¶ [0044]: The vehicle CAN data 220 includes various vehicle information such as, for example, vehicle speed, electric motor speed, electric motor torque, accelerator pedal position, and gear selection. In the example illustration, sound files and themes 210 and vehicle CAN data 220 are sent to the sound algorithm 230 and the vibration algorithm 240. The sound algorithm 230 is configured to adapt sound files/layers in real time in response to the vehicle CAN data 220).
Regarding claim 2, Orzechowski discloses wherein: said software is includes sounds mapped from a specific internal-combustion-engine-performance vehicle; and said software applies said sounds created by given actions performed in said internal-combustion-engine-performance vehicle to similar actions performed in said electric vehicle (Orzechowski ¶ [0027]: the ASE system 32 utilizes powertrain and vehicle CAN bus information to playback sample-based audio files (e.g., .wav) through a multi-layer synthesis engine to mimic the sounds of a predetermined internal combustion engine (e.g., a particular brand, type, etc.)).
Regarding claim 3, Orzechowski discloses further comprising: vibratory actuators in communication with the cockpit of said electric vehicle (Orzechowski ¶ [0030]: the AVE system 34 generally includes one or more actuators or force generators 80; Orzechowski ¶ [0038]: the ESE system 100 generally includes an amplifier (e.g., ASE amplifier 62), one or more ESE woofers 102, one or more ESE midrange speakers 104);
wherein said vibratory actuators provide vibration, controlled by said software, to mimic vibrations in said internal-combustion-engine-performance vehicle when given actions are performed, according to similar actions performed in said electric vehicle (Orzechowski ¶ [0029]: the AVE system 34 utilizes powertrain and vehicle CAN bus information from the sensor system 30 and controller 38 to produce a vibration force on the vehicle 10 that mimics or is similar to the vibration force produced by an internal combustion engine; Orzechowski ¶ [0040]: the ESE system 100 is configured to monitor signals from the sensor system 30 and controller 38 via CAN bus 72, such as accelerator pedal position, vehicle speed, motor speed, and/or motor torque, and subsequently feed those signals to the amplifier 62. The signals provide an operational condition of the vehicle 10 such as acceleration, deceleration, coasting, sport mode, etc. Based on these signals, the amplifier 62 synthesizes corresponding audio signals and generates/plays specific predetermined sounds with the woofers/speakers 102, 104).
Regarding claim 4, Orzechowski discloses wherein: the vibratory actuator is a subwoofer/vibratory actuator (Orzechowski ¶ [0030]: the AVE system 34 generally includes one or more actuators or force generators 80; Orzechowski ¶ [0038]: the ESE system 100 generally includes an amplifier (e.g., ASE amplifier 62), one or more ESE woofers 102, one or more ESE midrange speakers 104).
Regarding claim 7, Orzechowski discloses a method for using the apparatus of claim 1, the method comprising:
mapping audio characteristics of an internal-combustion-performance vehicle (Orzechowski ¶ [0043]: The sound files and themes 210 may be pre-generated sounds stored in controller 38. In the example embodiment, sound files and themes 210 can include dynamic internal combustion engine driving sounds such as, for example, acceleration, deceleration, and coasting with multiple sample based sound layers, as well as static trigger sounds such as an engine start, vehicle start, charge plug-in, etc); and
writing a software package including said audio characteristics; and uploading said software to an electric vehicle controller area network system (Orzechowski ¶ [0049]: one or more processors and a non-transitory memory having instructions stored thereon that, when executed by the one or more processors, cause the controller to perform a set of operations corresponding to at least a portion of the techniques of the present application); and
playing said audio characteristics through an audio system connected to said vehicle-controller-area network system in said electric vehicle in response to user actions in said electric vehicle (Orzechowski ¶ [0024]: the VE system 12 is configured to generate and combine tactile vibration and sound, which is then transmitted through the car body and sound system to immerse the occupants in an authentic “internal combustion engine” vibroacoustic experience; Orzechowski ¶ [0044]: The vehicle CAN data 220 includes various vehicle information such as, for example, vehicle speed, electric motor speed, electric motor torque, accelerator pedal position, and gear selection. In the example illustration, sound files and themes 210 and vehicle CAN data 220 are sent to the sound algorithm 230 and the vibration algorithm 240. The sound algorithm 230 is configured to adapt sound files/layers in real time in response to the vehicle CAN data 220).
Regarding claim 8, Orzechowski discloses wherein: the audio system provides an audio experience to the interior of the electric vehicle (Orzechowski ¶ [0019]: The audio output feeds one or more vehicle amplifiers. For example, one amplifier may drive the interior media/entertainment speakers for the driver and passenger sound experience, while the second amplifier may drive an exterior speaker/transducer system to provide a bystander sound experience).
Regarding claim 9, Orzechowski discloses wherein: the audio system provides an audio experience to the exterior of the electric vehicle (Orzechowski ¶ [0019]: The audio output feeds one or more vehicle amplifiers. For example, one amplifier may drive the interior media/entertainment speakers for the driver and passenger sound experience, while the second amplifier may drive an exterior speaker/transducer system to provide a bystander sound experience).
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 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2023/0144723 by Orzechowski et al. (herein after “Orzechowski”), in view of WO 2022/259227 by Sharma (herein after “Sharma”).
Note: Text written in bold typeface is claim language from the instant application. Text written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
Regarding claim 5, Orzechowski discloses further comprising: vibratory actuators in the steering wheel of said electric vehicle (Orzechowski ¶ [0046]: the vibration algorithm 240 is configured to utilize the force generators 80 to produce the vehicle interior vibration and sound playback 270, to thereby excite portions of the vehicle 10 such as, for example, the vehicle body 20, steering wheel 24, and/or seat 26);
wherein said vibratory actuators provide vibration, controlled by said software, to mimic vibrations in said internal-combustion-engine-performance vehicle when given actions are performed, according to similar actions performed in said electric vehicle (Orzechowski ¶ [0033]: the AVE system 34 is configured to monitor signals from the sensor system 30 and controller 38 via CAN bus 72 such as accelerator pedal position, vehicle speed, motor speed, motor torque, and/or sensed vibrations from sensors 82. The signals provide an operational condition of the vehicle 10 such as acceleration, deceleration, coasting, etc. Based on these signals, the controller actuates the force generators 80 to generate vibrations on the vehicle body, chassis, etc. that mimic or are similar to vibrations that would be produced by a predetermined internal combustion engine operating at the sensed operational conditions of the vehicle 10. As such, an authentic vibration is created on vehicle 10 that would be expected from an internal combustion engine vehicle operating in that manner).
It is noted Orzechowski fails to particularly disclose an eccentric-rotating-mass motor vibratory actuators in the steering wheel of said electric vehicle.
However, Sharma, in the same field of endeavor, teaches eccentric-rotating-mass motor vibratory actuators in the steering wheel of said electric vehicle (Sharma ¶ [0034]: Eccentric rotating mass vibration motor (ERM); Sharma ¶ [0066]: haptic feedback via steering wheel of the vehicle, wherein haptic feedback is related to vehicle’s traveling conditions including speed, torque, acceleration, traction, drift, road surface, etc).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vibroacoustic enhancement system of Orzechowski to include the eccentric rotating mass vibration motor of Sharma. A person of ordinary skill in the art would be motivated to make this modification in order to emulate vibrations similar to an internal combustion engine vehicle in an electric vehicle (Sharma ¶ [0066]).
Regarding claim 6, Orzechowski discloses further comprising: vibratory actuators in the floor of said electric vehicle (Orzechowski ¶ [0046]: the vibration algorithm 240 is configured to utilize the force generators 80 to produce the vehicle interior vibration and sound playback 270, to thereby excite portions of the vehicle 10 such as, for example, the vehicle body 20, steering wheel 24, and/or seat 26; Orzechowski ¶ [0032]: In one example implementation shown in FIG. 2, the AVE system 34 includes dual force generators 80 respectively disposed directly on or proximate to a left frame rail 84 and a right frame rail 86 of the chassis 18);
wherein: said vibratory actuators provide vibration, controlled by said software, to mimic vibrations in said internal-combustion-engine-performance vehicle when given actions are performed, according to similar actions performed in said electric vehicle (Orzechowski ¶ [0033]: the AVE system 34 is configured to monitor signals from the sensor system 30 and controller 38 via CAN bus 72 such as accelerator pedal position, vehicle speed, motor speed, motor torque, and/or sensed vibrations from sensors 82. The signals provide an operational condition of the vehicle 10 such as acceleration, deceleration, coasting, etc. Based on these signals, the controller actuates the force generators 80 to generate vibrations on the vehicle body, chassis, etc. that mimic or are similar to vibrations that would be produced by a predetermined internal combustion engine operating at the sensed operational conditions of the vehicle 10. As such, an authentic vibration is created on vehicle 10 that would be expected from an internal combustion engine vehicle operating in that manner).
It is noted Orzechowski fails to particularly disclose eccentric-rotating-mass motor vibratory actuators in the floor of said electric vehicle.
However, Sharma, in the same field of endeavor, teaches eccentric-rotating-mass motor vibratory actuators in the floor of said electric vehicle (Sharma ¶ [0034]: Eccentric rotating mass vibration motor (ERM); Sharma ¶ [0075]: In an embodiment, at least one of the one or more vibration generators are configured in a seat of a driver of the vehicle or near accelerator of the vehicle).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vibroacoustic enhancement system of Orzechowski to include the eccentric rotating mass vibration motor of Sharma. A person of ordinary skill in the art would be motivated to make this modification in order to emulate vibrations similar to an internal combustion engine vehicle in an electric vehicle (Sharma ¶ [0066]).
Claims 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2023/0144723 by Orzechowski et al. (herein after “Orzechowski”), in view of U.S. Patent Application Publication No. 2023/0322094 by van Nus (herein after “van Nus”).
Regarding claim 10, Orzechowski discloses said mapping further comprising: audio of said internal-combustion performance vehicle driven in each gear at at least one speed and rate of acceleration (Orzechowski ¶ [0043]: the VE system 12 includes sound files and themes 210, vehicle CAN data 220, a sound algorithm 230, a vibration algorithm 240, a vehicle interior sound playback 250, a vehicle exterior sound playback 260, and a vehicle interior vibration and sound playback 270. The sound files and themes 210 may be pre-generated sounds stored in controller 38. In the example embodiment, sound files and themes 210 can include dynamic internal combustion engine driving sounds such as, for example, acceleration, deceleration, and coasting with multiple sample based sound layers; Orzechowski ¶ [0044]: The vehicle CAN data 220 includes various vehicle information such as, for example, vehicle speed, electric motor speed, electric motor torque, accelerator pedal position, and gear selection. In the example illustration, sound files and themes 210 and vehicle CAN data 220 are sent to the sound algorithm 230 and the vibration algorithm algorithm 240. The sound algorithm 230 is configured to adapt sound files/layers in real time in response to the vehicle CAN data 220. In one example, the sound algorithm 230 uses sample-based multi-layer pitched .wav playback; The Examiner interprets a speed to inherently include an acceleration even if that acceleration is 0); and
playing said audio when said electric vehicle is driven in the speed that is in the range of said each gear at said at least one rate of acceleration (Orzechowski ¶ [0028]: the ASE amplifier 62 amplifier 62 generates and/or activates one or more internal sound profiles based on information received from the sensor system 30 and controller 38 via a CAN bus 72, and subsequently provides high level audio signals (e.g., for those profiles) to the interior and/or exterior speaker systems 64, 66. For example, based on signals from sensor system 30, the ASE amplifier 62 generates sound profiles matching or similar to those of an internal combustion engine operation at a particular pedal position, motor speed, wheel speed, and/or engine torque. As such, the interior and exterior speaker systems 64, 66 are configured to produce predetermined low/mid/high frequency internal combustion engine sounds to mimic combustion engine operation at those speeds/conditions of the electric vehicle 10).
It is noted Orzechowski fails to particularly disclose said mapping further comprising: recording audio of said internal-combustion performance vehicle driven in each gear at at least one speed and rate of acceleration; and playing said audio when said electric vehicle is driven in the speed that is in the range of said each gear at said at least one rate of acceleration.
However, van Nus, in the same field of endeavor, teaches said mapping further comprising: recording audio of said internal-combustion performance vehicle driven in each gear at at least one speed and rate of acceleration (van Nus ¶ [0074]: The model 604 can include at least one motor sound 606. In some implementations, the motor sound 606 represents the sound of the powertrain of an ICE (e.g., as perceived inside a passenger cabin of the ICE) at any of multiple different speeds or when idling, ICE RPMs, gear selections, etc; van Nus ¶ [0076]: To create the model 604, any of the motor sound 606 or the non-motor sound 608 can be recorded by sampling an actual instance of the ICE vehicle to be modeled, or by synthesizing the real sound; The Examiner interprets a speed to inherently include an acceleration even if that acceleration is 0); and
playing said audio when said electric vehicle is driven in the speed that is in the range of said each gear at said at least one rate of acceleration (van Nus ¶ [0095]: The processing component 908 can generate one or more outputs based on the physics simulator 912. In some implementations, the output can include a sound emulation 918a that is provided to one or more speakers of the EV. For example, the sound emulation 918a can emulate the sound of an ICE powertrain under the current operating conditions (e.g., speed, acceleration, gear selection)).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vibroacoustic enhancement system of Orzechowski to include the physics simulator and model with recorded motor sound samples of van Nus. A person of ordinary skill in the art would be motivated to make this modification in order to emulate one or more aspects of an ICE vehicle in an EV allowing an EV driver to enjoy a convincing experience of a different powertrain (van Nus ¶ [0022]).
Regarding claim 11, Orzechowski fails to particularly disclose said mapping further comprising: recording audio of a turbocharger of said internal-combustion-performance vehicle at at least one speed and rate of acceleration, and playing said audio through said audio system connected to said vehicle controller area network.
However, van Nus, in the same field of endeavor, teaches said mapping further comprising: recording audio of a turbocharger of said internal-combustion-performance vehicle (van Nus ¶ [0070]: The model 500 can include one or more state variables 504. The state variable(s) 504 can be assigned values (e.g., numerical or Boolean values) depending on the input(s) 502. The values of the state variable(s) 504 represent dynamic or static characteristics of the ICE vehicle that is being emulated. Such characteristics can include, but are not limited to, an engine speed (e.g., measured in RPM), a turbo speed (e.g., measured in RPM); van Nus ¶ [0076]: the sound of a turbo changer or supercharger can arrive from its general location at the ICE) at at least one speed and rate of acceleration (van Nus ¶ [0074]: The model 604 can include at least one motor sound 606. In some implementations, the motor sound 606 represents the sound of the powertrain of an ICE (e.g., as perceived inside a passenger cabin of the ICE) at any of multiple different speeds or when idling, ICE RPMs, gear selections, etc; van Nus ¶ [0076]: To create the model 604, any of the motor sound 606 or the non-motor sound 608 can be recorded by sampling an actual instance of the ICE vehicle to be modeled, or by synthesizing the real sound; The Examiner interprets a speed to inherently include an acceleration even if that acceleration is 0), and
playing said audio through said audio system connected to said vehicle controller area network (van Nus ¶ [0095]: The processing component 908 can generate one or more outputs based on the physics simulator 912. In some implementations, the output can include a sound emulation 918a that is provided to one or more speakers of the EV. For example, the sound emulation 918a can emulate the sound of an ICE powertrain under the current operating conditions (e.g., speed, acceleration, gear selection)).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vibroacoustic enhancement system of Orzechowski to include the model with recorded turbocharger sound samples of van Nus. A person of ordinary skill in the art would be motivated to make this modification in order to emulate one or more aspects of an ICE vehicle in an EV allowing an EV driver to enjoy a convincing experience of a different powertrain (van Nus ¶ [0022]).
Regarding claim 12, Orzechowski fails to particularly disclose said mapping further comprising: recording audio of a differential of said internal-combustion-performance vehicle at at least one speed and rate of acceleration; and playing said audio through said audio system connected to said vehicle controller-area network.
However, van Nus, in the same field of endeavor, teaches said mapping further comprising: recording audio of a differential (van Nus ¶ [0071]: The modeled characteristics can be used to ensure that the EV emulates the feel of the selected ICE vehicle. Such characteristics can include, but are not limited to, component inertia, vehicle mass, volumetric efficiency (e.g., a ratio of a mass density of an air-fuel mixture in the cylinder to that of the same volume of air in the intake), plenum volume (e.g., of an intake manifold), sound (e.g., the sound of an ICE, transmission, or any other audibly perceivable vehicle component)) of said internal-combustion-performance vehicle at at least one speed and rate of acceleration (van Nus ¶ [0074]: The model 604 can include at least one motor sound 606. In some implementations, the motor sound 606 represents the sound of the powertrain of an ICE (e.g., as perceived inside a passenger cabin of the ICE) at any of multiple different speeds or when idling, ICE RPMs, gear selections, etc; van Nus ¶ [0076]: To create the model 604, any of the motor sound 606 or the non-motor sound 608 can be recorded by sampling an actual instance of the ICE vehicle to be modeled, or by synthesizing the real sound; The Examiner interprets a speed to inherently include an acceleration even if that acceleration is 0); and
playing said audio through said audio system connected to said vehicle controller-area network (van Nus ¶ [0095]: The processing component 908 can generate one or more outputs based on the physics simulator 912. In some implementations, the output can include a sound emulation 918a that is provided to one or more speakers of the EV. For example, the sound emulation 918a can emulate the sound of an ICE powertrain under the current operating conditions (e.g., speed, acceleration, gear selection)).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vibroacoustic enhancement system of Orzechowski to include the model with recorded differential sound samples of van Nus. A person of ordinary skill in the art would be motivated to make this modification in order to emulate one or more aspects of an ICE vehicle in an EV allowing an EV driver to enjoy a convincing experience of a different powertrain (van Nus ¶ [0022]).
Regarding claim 13, Orzechowski fails to particularly disclose said mapping further comprising: recording audio of a transmission of said internal-combustion-performance vehicle at at least one speed and rate of acceleration, and playing said audio through said audio system connected to said vehicle controller area network.
However, van Nus, in the same field of endeavor, teaches said mapping further comprising: recording audio of a transmission (van Nus ¶ [0071]: The modeled characteristics can be used to ensure that the EV emulates the feel of the selected ICE vehicle. Such characteristics can include, but are not limited to, component inertia, vehicle mass, volumetric efficiency (e.g., a ratio of a mass density of an air-fuel mixture in the cylinder to that of the same volume of air in the intake), plenum volume (e.g., of an intake manifold), sound (e.g., the sound of an ICE, transmission, or any other audibly perceivable vehicle component)) of said internal-combustion-performance vehicle at at least one speed and rate of acceleration (van Nus ¶ [0074]: The model 604 can include at least one motor sound 606. In some implementations, the motor sound 606 represents the sound of the powertrain of an ICE (e.g., as perceived inside a passenger cabin of the ICE) at any of multiple different speeds or when idling, ICE RPMs, gear selections, etc; van Nus ¶ [0076]: To create the model 604, any of the motor sound 606 or the non-motor sound 608 can be recorded by sampling an actual instance of the ICE vehicle to be modeled, or by synthesizing the real sound; The Examiner interprets a speed to inherently include an acceleration even if that acceleration is 0), and
playing said audio through said audio system connected to said vehicle controller area network (van Nus ¶ [0095]: The processing component 908 can generate one or more outputs based on the physics simulator 912. In some implementations, the output can include a sound emulation 918a that is provided to one or more speakers of the EV. For example, the sound emulation 918a can emulate the sound of an ICE powertrain under the current operating conditions (e.g., speed, acceleration, gear selection)).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vibroacoustic enhancement system of Orzechowski to include the model with recorded transmission sound samples of van Nus. A person of ordinary skill in the art would be motivated to make this modification in order to emulate one or more aspects of an ICE vehicle in an EV allowing an EV driver to enjoy a convincing experience of a different powertrain (van Nus ¶ [0022]).
Regarding claim 14, Orzechowski fails to particularly disclose said mapping further comprising: recording audio of tire noise of said internal-combustion-performance vehicle at at least one speed and rate of acceleration, and playing said audio through said audio system connected to said vehicle controller area network.
However, van Nus, in the same field of endeavor, teaches said mapping further comprising: recording audio of tire noise (van Nus ¶ [0075]: The model 604 can include at least one non-motor sound 608. In some implementations, the non-motor sound 608 can relate to any aurally perceivable aspect of the modeled ICE vehicle other than its powertrain. Such aurally perceivable aspect can include, but is not limited to, any of a vehicle horn or other signal mechanism such as a bell, a turn signal indicator, a fan sound, a sound of a parking brake lever being pulled or released, a sound of a windshield wiper, a sound of a manually cranked window, a sound of a door lock, a brake-related sound (e.g., squeaks of disc or drum brakes, or the release of air from a hydraulic braking system), wheel sound (e.g., of particular tire types, or of the metal wheels of a locomotive or another vehicle against rail), or friction sound (e.g., from a vehicle moving through air, or from a watercraft moving through water)) of said internal-combustion-performance vehicle at at least one speed and rate of acceleration (van Nus ¶ [0074]: The model 604 can include at least one motor sound 606. In some implementations, the motor sound 606 represents the sound of the powertrain of an ICE (e.g., as perceived inside a passenger cabin of the ICE) at any of multiple different speeds or when idling, ICE RPMs, gear selections, etc; van Nus ¶ [0076]: To create the model 604, any of the motor sound 606 or the non-motor sound 608 can be recorded by sampling an actual instance of the ICE vehicle to be modeled, or by synthesizing the real sound; The Examiner interprets a speed to inherently include an acceleration even if that acceleration is 0), and
playing said audio through said audio system connected to said vehicle controller area network (van Nus ¶ [0095]: The processing component 908 can generate one or more outputs based on the physics simulator 912. In some implementations, the output can include a sound emulation 918a that is provided to one or more speakers of the EV. For example, the sound emulation 918a can emulate the sound of an ICE powertrain under the current operating conditions (e.g., speed, acceleration, gear selection)).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vibroacoustic enhancement system of Orzechowski to include the model with recorded tire noise sound samples of van Nus. A person of ordinary skill in the art would be motivated to make this modification in order to emulate one or more aspects of an ICE vehicle in an EV allowing an EV driver to enjoy a convincing experience of a different powertrain (van Nus ¶ [0022]).
Regarding claim 15, Orzechowski fails to particularly disclose said mapping further comprising: recording audio of wind noise of said internal-combustion-performance vehicle at at least one speed, and playing said audio through said audio system connected to said vehicle controller-area network.
However, van Nus, in the same field of endeavor, teaches said mapping further comprising: recording audio of wind noise (van Nus ¶ [0075]: The model 604 can include at least one non-motor sound 608. In some implementations, the non-motor sound 608 can relate to any aurally perceivable aspect of the modeled ICE vehicle other than its powertrain. Such aurally perceivable aspect can include, but is not limited to, any of a vehicle horn or other signal mechanism such as a bell, a turn signal indicator, a fan sound, a sound of a parking brake lever being pulled or released, a sound of a windshield wiper, a sound of a manually cranked window, a sound of a door lock, a brake-related sound (e.g., squeaks of disc or drum brakes, or the release of air from a hydraulic braking system), wheel sound (e.g., of particular tire types, or of the metal wheels of a locomotive or another vehicle against rail), or friction sound (e.g., from a vehicle moving through air, or from a watercraft moving through water)) of said internal-combustion-performance vehicle at at least one speed (van Nus ¶ [0074]: The model 604 can include at least one motor sound 606. In some implementations, the motor sound 606 represents the sound of the powertrain of an ICE (e.g., as perceived inside a passenger cabin of the ICE) at any of multiple different speeds or when idling, ICE RPMs, gear selections, etc; van Nus ¶ [0076]: To create the model 604, any of the motor sound 606 or the non-motor sound 608 can be recorded by sampling an actual instance of the ICE vehicle to be modeled, or by synthesizing the real sound; The Examiner interprets a speed to inherently include an acceleration even if that acceleration is 0), and
playing said audio through said audio system connected to said vehicle controller-area network (van Nus ¶ [0095]: The processing component 908 can generate one or more outputs based on the physics simulator 912. In some implementations, the output can include a sound emulation 918a that is provided to one or more speakers of the EV. For example, the sound emulation 918a can emulate the sound of an ICE powertrain under the current operating conditions (e.g., speed, acceleration, gear selection)).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vibroacoustic enhancement system of Orzechowski to include the model with recorded friction or wind sound samples of van Nus. A person of ordinary skill in the art would be motivated to make this modification in order to emulate one or more aspects of an ICE vehicle in an EV allowing an EV driver to enjoy a convincing experience of a different powertrain (van Nus ¶ [0022]).
Regarding claim 16, Orzechowski discloses further comprising: matching actual speed in said electric vehicle to specific sounds associated with the speed in the ICE performance vehicle recorded sounds (Orzechowski ¶ [0043]: the VE system 12 includes sound files and themes 210, vehicle CAN data 220, a sound algorithm 230, a vibration algorithm 240, a vehicle interior sound playback 250, a vehicle exterior sound playback 260, and a vehicle interior vibration and sound playback 270. The sound files and themes 210 may be pre-generated sounds stored in controller 38. In the example embodiment, sound files and themes 210 can include dynamic internal combustion engine driving sounds such as, for example, acceleration, deceleration, and coasting with multiple sample based sound layers; Orzechowski ¶ [0044]: The vehicle CAN data 220 includes various vehicle information such as, for example, vehicle speed, electric motor speed, electric motor torque, accelerator pedal position, and gear selection. In the example illustration, sound files and themes 210 and vehicle CAN data 220 are sent to the sound algorithm 230 and the vibration algorithm algorithm 240. The sound algorithm 230 is configured to adapt sound files/layers in real time in response to the vehicle CAN data 220. In one example, the sound algorithm 230 uses sample-based multi-layer pitched .wav playback).
It is noted Orzechowski discloses sound files and themes that include internal combustion engine driving sounds such as acceleration, deceleration, and coasting but Orzechowski fails to particularly disclose further comprising: matching actual speed and rate of acceleration in said electric vehicle to specific sounds associated with the speed and rate of acceleration in the ICE performance vehicle recorded sounds.
However, van Nus, in the same field of endeavor, teaches further comprising: matching actual speed and rate of acceleration in said electric vehicle to specific sounds associated with the speed and rate of acceleration in the ICE performance vehicle recorded sounds (van Nus ¶ [0074]: The model 604 can include at least one motor sound 606. In some implementations, the motor sound 606 represents the sound of the powertrain of an ICE (e.g., as perceived inside a passenger cabin of the ICE) at any of multiple different speeds or when idling, ICE RPMs, gear selections, etc; van Nus ¶ [0095]: The processing component 908 can generate one or more outputs based on the physics simulator 912. In some implementations, the output can include a sound emulation 918a that is provided to one or more speakers of the EV. For example, the sound emulation 918a can emulate the sound of an ICE powertrain under the current operating conditions (e.g., speed, acceleration, gear selection)).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vibroacoustic enhancement system of Orzechowski modified by the model with recorded sound samples of van Nus to further include the matching of speed and acceleration of an electric vehicle with specific recorded sounds associated with an ICE vehicle of van Nus. A person of ordinary skill in the art would be motivated to make this modification in order to emulate one or more aspects of an ICE vehicle in an EV allowing an EV driver to enjoy a convincing experience of a different powertrain (van Nus ¶ [0022]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure:
KR 101848779 discloses a system and method for generating virtual engine sounds for an electric vehicle including mapping engine speed, vehicle speed, and instantaneous acceleration of an electric vehicle to corresponding sound waves generated by gasoline, diesel, and LPG engines.
US 2018/0090125 discloses a system and method for providing a sound experience in a electric vehicle that simulates the sound of a fuel vehicle based on vehicle operation including acceleration (¶ [0020]).
US 6,356,185 discloses a system for simulating vintage automobile sound signatures in another vehicle including using multiple look up tables to map a vehicle acceleration, deceleration, or steady RPMs to a vintage automobile sound signature (col. 5, lines 9-19).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS P LANGHORNE whose telephone number is (571)272-5670. The examiner can normally be reached M-F 8:30-5:30.
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/N.P.L./Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666