DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim status
This action is in response to applicant filed on 07/26/2024. Claims 1-19- are pending for examination.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-6, 8, 10-12, 14-15, 17 & 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duo’ et al. (US 12,145,503).
Regarding claim 1: Duo’ disclose a method for controlling a virtual engine sound of an electric vehicle, the method comprising:
collecting, by a controller (Fig. 1: Performance emulator), a driving state of the electric vehicle, including a vehicle speed and an opening amount of an accelerator pedal (Col. 3, Lines 58-67) ;
determining, by the controller, a virtual gear position (gear inserted) based on the vehicle speed and the opening amount of the accelerator pedal ;
determining, by the controller, a virtual engine speed of the electric (RPM final) vehicle based on the vehicle speed and the virtual gear position (Col. 3, Line 58, Col. 4, Line 13); and
outputting, by the controller, a virtual engine sound corresponding to the virtual engine speed through an output device (Col. 4, Lines 15-28).
Regarding claim 2: Duo’ disclose the method of claim 1, wherein the outputting of the virtual engine sound through the output device includes:
determining a sound source (acceleration) and a sound volume (intensity and/or duration of the acceleration) corresponding to the virtual engine speed; and outputting the sound source at a determined sound volume. (Col. 13, Lines 42-44 and Col. 12, Line 64-Coil. 13, Line 2)
Regarding claim 3: Duo’ disclose the method of claim 1, in response to an application of the accelerator pedal of the electric vehicle, outputting, by the controller, the virtual engine sound including a sound source and a sound volume determined based on the virtual engine speed and the opening amount of the accelerator pedal (Col. 13, Lines 42-44).
Regarding claim 5: Duo’ disclose the method of claim 1, including: determining, by the controller, whether a power-on upshift occurs; and in response to the power-on upshift, determining, by the controller, the virtual engine sound to be outputted based on a shift progress rate and a virtual engine angular acceleration in the power-on upshift. (Col. 13, Lines 42-44 and Col. 12, Line 64-Coil. 13, Line 2)
Regarding claim 6 Duo’ disclose the method of claim 1, including: determining, by the controller, whether a power-off downshift occurs; and in response to the determining that the power-off downshift occurs, determining, by the controller, the virtual engine sound to be outputted based on a shift progress rate and a virtual engine angular acceleration in the power-off downshift. (Col. 13, Lines 42-44 and Col. 12, Line 64-Coil. 13, Line 2)
Regarding claim 8: Duo’ disclose the method of claim 1, including: in response to concluding that the driving state is in a neutral gear, determining, by the controller, a sound source and a sound volume corresponding to the virtual engine speed at the neutral gear; and adjusting, by the controller, a volume of the sound source to a predetermined first volume at predetermined time intervals. (Col. 13, Lines 42-44 and Col. 12, Line 64-Coil. 13, Line 2: if vehicle is turn into neutral, the system will still pick up speed and acceleration information and will adjust the sound accordingly.)
Regarding claim 10: Duo’ disclose A system for controlling a virtual engine sound of an electric vehicle, the system comprising:
a processor (Fig. 1: Performance emulator); and a non-transitory storage medium containing program instructions (Fig. 2, item 8), wherein the processor is configured to, by executing the program instructions:
collect a driving state of the electric vehicle, the driving state including a vehicle speed and an opening amount of an accelerator pedal (Col. 3, Lines 58-67) ;
determine a virtual gear position (gear inserted) based on the vehicle speed and the opening amount of the accelerator pedal ;
determine a virtual engine speed of the electric (RPM final) vehicle based on the vehicle speed and the virtual gear position (Col. 3, Line 58, Col. 4, Line 13); and
output a virtual engine sound corresponding to the virtual engine speed through an output device (Col. 4, Lines 15-28).
Regarding claim 11: Duo’ disclose the system of claim 10, wherein the processors is configured to:
wherein in the outputting of the virtual engine sound through the output device, the processor is further configured to: determine a sound source and a sound volume corresponding to the virtual engine speed; and output the sound source at a determined sound volume. (Col. 13, Lines 42-44).
Regarding claim 12: Duo’ disclose the system of claim 10, wherein the processors is configured to:
in response to an application of the accelerator pedal of the electric vehicle, output the virtual engine sound including a sound source and a sound volume determined based on the virtual engine speed and the opening amount of the accelerator pedal (Col. 13, Lines 42-44).
Regarding claim 14: Duo’ disclose the system of claim 10, wherein the processor is further configured to: determine whether a power-on upshift occurs; and in response to the determining that the power-on upshift occurs, determine the virtual engine sound to be outputted based on a shift progress rate and a virtual engine angular acceleration in the power-on upshift. (Col. 13, Lines 42-44 and Col. 12, Line 64-Coil. 13, Line 2)
Regarding claim 15: Duo’ disclose the system of claim 10, wherein the processor is further configured to: determine whether a power-off downshift occurs; and in response to the determining that the power-off downshift occurs, determine the virtual engine sound to be outputted based on a shift progress rate and a virtual engine angular acceleration in the power-off downshift. (Col. 13, Lines 42-44 and Col. 12, Line 64-Coil. 13, Line 2)
Regarding claim 17: Duo’ disclose the system of claim 10, wherein the processor is further configured to: in response to concluding that the driving state is in a neutral gear, determine a sound source and a sound volume corresponding to the virtual engine speed at the neutral gear; and adjust a volume of the sound source to a predetermined first volume at predetermined time intervals. (Col. 13, Lines 42-44 and Col. 12, Line 64-Coil. 13, Line 2: if vehicle is turn into neutral, the system will still pick up speed and acceleration information and will adjust the sound accordingly.)
Regarding claim 19: Duo’ disclose The electric vehicle comprising the system of claim 10. (title, Fig. 1)
Allowable Subject Matter
Claims 4, 7, 9, 13, 16, 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record cited in the PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR CASILLASHERNANDEZ whose telephone number is (571)270-5432. The examiner can normally be reached Monday-Friday, 8:30AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR CASILLASHERNANDEZ/Primary Examiner, Art Unit 2689