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 . This Office action is based on the communications filed May 27, 2026. Claims 11 – 27 are currently pending and considered below.
Response to Arguments
Applicant's arguments filed May 27, 2026 have been fully considered but they are not persuasive. Applicant argues on page 6 of the Remarks in regard to claim 11, “the user's adjustment of volume does not determine any information about the acoustic signal - it only determines how loud the acoustic signal will be when output via the speaker. As shown in Fig. 1 of Dunn, the output signal (16) is what is broadcast by the speakers (16a-16b) and is different from the "Engine Sounds", or acoustic signals, acquired from the memory library (30). See col. 15, Ins. 37-43. Dunn does not disclose a "volume" as a characteristic of the "Engine Sounds" acquired from the library (30), so Dunn does not disclose determining signal information relating to the "Engine Sounds" or acoustic signal.” The Examiner respectfully disagrees. The claim requires, “determining signal information that characterizes the acoustic signal” the acoustic signal “to be output”. Therefore the volume or determined signal information characterizes the acoustic signal or output signal since it “determines how loud the acoustic signal will be when output via the speaker” as acknowledged by Applicant.
Applicant argues on page 7 of the Remarks in regard to claim 19 that “Dunn does not disclose the dependency recited in claim 19 so it cannot anticipate this claim.” The Examiner respectfully disagrees. Again claim 19 requires “the signal information is dependent on a frequency of repetition of the acoustic signal and a content of the acoustic signal” the acoustic signal “to be output,” claim 11. Therefore, the volume characterizes the acoustic signal to be output and the volume also depends on the “periodic electrical noise” used to determined engine speed which determines what engine sound segments i.e., the content, to output, i.e. acoustic signal to be output. Again as acknowledged by Applicant volume “determines how loud the acoustic signal will be when output via the speaker”.
Applicant argues on page 7 of the Remarks in regard to claim 13 and 16, “There are no "contextual inputs" in Dunn and thus no legitimate reason to make variations in the simulated engine sound files of Dunn. There is no reason to modify Dunn with Goldman- Shenhar, so the obviousness rejections of claims 13 and 16 are in error.” The Examiner respectfully disagrees. As acknowledged by Applicant “It was admitted that Dunn does not disclose any of the elements of dependent claim 13 or 16.” Further, Applicant recognizes the contributions of the "contextual inputs" of Goldman- Shenhar, when stating “It was suggested that Dunn could incorporate sub-modules like those of Goldman-Shenhar that "can adaptively determine a sound-file variation based on contextual inputs." Dunn discloses simulating the sound of different engines.” Therefore Applicant recognizes “the additional benefit of a device that “can adaptively determine a sound-file variation based on contextual inputs,” Goldman-Shenhar [0001] which is the motivation or reason to make variations in the simulated engine sound files of Dunn, i.e., the reason to modify Dunn with Goldman- Shenhar.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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) 11, 12, 15, 19 – 23, and 25 – 27 is/are rejected under 35 U.S.C. 102(a)(1) and 5 U.S.C. 102(a)(2) as being anticipated by Dunn (US 7,979,147 B1), hereinafter Dunn.
Claim 11: Dunn discloses a method for outputting an acoustic signal in an interior of a motor vehicle using an interior loudspeaker, the method comprising:
determining the acoustic signal to be output (see at least, “The controller determines which of the plurality of recorded predetermined engine sounds is to be replicated by user input selection,” Dunn Column 10 Lines 18 – 20);
acquiring situation information relating to operating the motor vehicle (see at least, “The controller then obtains and utilizes appropriate sampling patterns of engine and/or exhaust sounds from the library that corresponds as close as possible with the engine RPM and operating characteristics (i.e., accelerating, decelerating, or gear changes) of the personal Vehicle,” Dunn Column 10 Lines 20 – 25, “A controller includes a computer and receives real time input regarding the engine speed of the predetermined engine of a personal vehicle in which the engine sound replication device is to be used. The controller determines if the personal vehicle is at idle, driving at a steady speed, accelerating, or decelerating. If gear change information is available the controller determines that as well,” Dunn Column 10 Lines 10 – 17);
determining signal information that characterizes the acoustic signal (see at least, “The volume is preferably adjustable,” Dunn Column 10 Lines 30 – 31, “If desired, the engine sound replication device 10 includes a volume control 36. The volume control 36 is used to vary and thereby to control the amplitude of the output signal 16. In this manner the volume of the replicated exhaust sound can be controlled. For example, if the driver of the personal vehicle 12 is not on a public road and wishes to increase the volume of the replicated exhaust sound so that it exceeds legal street limits, the driver merely raises the volume control 36 when desired. Prior to again entering a public road, the driver would first lower the volume control 36 so that the volume of the replicated exhaust is within permissible levels,” Dunn Column 19 Line 58 – Column 20 Line 2);
adapting the acoustic signal based at least in part on the situation information and the signal information (see at least, “In this manner, the output signal 16 is continuous whenever the engine 20 is running. The output signal 16 is made up of back to back segments (i.e., files) of the recorded sounds stored in the memory library 30. These segments vary depending on changes in real time that occur with the personal vehicle 12,” Dunn Column 17 Lines 4 – 9, “By adjusting the volume of the engine sound replication device a preferred listening level is obtained. A sufficient increase in volume provides an overall combined sound that can be made to appear as if it is primarily that of the predetermined engine or engine exhaust. In this manner, the personal vehicle is made to sound like (i.e., to replicate) the sound of any preferred predetermined type of vehicle,” Dunn Column 10 Lines 35 – 41); and
outputting the adapted acoustic signal via the interior loudspeaker (see at least, “An output signal is produced by the controller that includes a waveform of an exhaust or engine sound that is suitable to drive a speaker or amplifier. The speaker may be located in an interior of the automobile,” Dunn Column 10 Lines 25 – 28).
Claim 12: Dunn discloses the method as claimed in claim 11, wherein acquiring the situation information comprises acquiring the situation information at least in part via a vehicle bus (see at least, “Various
novel ways of deriving real-time engine data of the personal vehicle as well as additional details and optional capabilities of the device are also disclosed including the use of BLUETOOTH ™ and FM transmission to simplify installation and connection to an OBD II type of under dashboard connector
to obtain desired engine data of the personal vehicle,” Dunn Column 10 Lines 41 – 47, “it is noted that an electrical signal in the form of periodic electrical noise is modulated onto the 12 VDC bus and therefore, the periodic electrical noise is also present on the 12 VDC power outlet 22a. The periodic electrical noise appears as electrical spikes, as shown in general by the reference numeral 24, on the 12 VDC power outlet 22a that occur whenever any of the spark plugs fire (not shown) in the personal vehicle 12. The rate of the spark plug firing is proportional to the speed (RPM) of the engine 20,” Dunn Column 12 Lines 11 – 20).
Claim 15: Dunn discloses method as claimed in claim 11, wherein acquiring the situation information comprises acquiring the situation information at least in part via a user input interface (see at least, “The additional information that is required is the number of cylinders of the engine 20 of the personal vehicle 12. A cylinder input switch 28 is set to indicate the number of cylinders of the engine 20 in the personal vehicle 12. Four, six, and eight are the more common number of cylinders. However, some vehicles may have as little as one, two, or three cylinders or as many as twelve. As desired, any input that is user-selectable and which is supplied to the controller 14 may include a physical switch to accomplish the selection process or the input parameter may be entered or set by any other preferred manner, for example, by a menu selection off of a touch-sensitive or other type of a display. The display can be included as an option with the engine sound replication device 10, as desired,” Dunn Column 13 Lines 5 – 18).
Claim 19: Dunn discloses the method as claimed in claim 11, wherein the signal information is dependent on a frequency of repetition of the acoustic signal and a content of the acoustic signal (see at least, “it is noted that an electrical signal in the form of periodic electrical noise is modulated onto the 12 VDC bus and therefore, the periodic electrical noise is also present on the 12 VDC power outlet 22a. The periodic electrical noise appears as electrical spikes, as shown in general by the reference numeral 24, on the 12 VDC power outlet 22a that occur whenever any of the spark plugs fire (not shown) in the personal vehicle 12. The rate of the spark plug firing is proportional to the speed (RPM) of the engine 20,” Dunn Column 12 Lines 11 – 20, “It is important to note that the recorded files of exhaust sound in the memory library 30 are of relatively short duration. These files are merely repeated (i.e., sampled and obtained again and again from the memory library 30) so as to provide the controller 14 with a continuous stream of engine sounds (exhaust or other) from the memory library 30 that correspond always with the current state of the engine 20 in the personal vehicle 12,” Dunn Column 16 Line 63 – Column 17 Line 3, “When the engine 20 is turned off the OBD II transmitter 106 stops transmitting data and the stereo becomes silent (assuming the stereo still has power),” Dunn Column 25 Lines 8 – 10).
Claim 20: Dunn discloses the method as claimed in claim 11, wherein the signal information is dependent on at least one of the group consisting of: a duration of the acoustic signal; a volume of the acoustic signal; an intensity of the acoustic signal; a localization of the acoustic signal in the interior; a number of repetitions of the acoustic signal; and a cognitive content of the acoustic signal (see at least, “The volume is preferably adjustable,” Dunn Column 10 Lines 30 – 31, “If desired, the engine sound replication device 10 includes a volume control 36. The volume control 36 is used to vary and thereby to control the amplitude of the output signal 16. In this manner the volume of the replicated exhaust sound can be controlled. For example, if the driver of the personal vehicle 12 is not on a public road and wishes to increase the volume of the replicated exhaust sound so that it exceeds legal street limits, the driver merely raises the volume control 36 when desired. Prior to again entering a public road, the driver would first lower the volume control 36 so that the volume of the replicated exhaust is within permissible levels,” Dunn Column 19 Line 58 – Column 20 Line 2, “When the engine 20 is turned off the OBD II transmitter 106 stops transmitting data and the stereo becomes silent (assuming the stereo still has power),” Dunn Column 25 Lines 8 – 10).
Claim 21: Dunn discloses the method as claimed in claim 11, wherein acquiring the situation information further comprises acquiring the situation information while the acoustic signal is being output (see at least, “It is necessary to supply real time engine data 18 as the required input data to the controller 14. The real time engine data 18 supplies information as to the state of an engine 20 (dashed lines) of the personal vehicle 12. At a minimum the speed that the engine 20 is turning (RPM) is required for the controller 14 to properly function. The reason for supplying the controller 14 with RPM engine data from the personal vehicle 12 is described in greater detail hereinafter,” Dunn Column 11 Lines 40 – 47, “For example, if a driver is listening to the recorded sound produced by a vintage automobile while driving a personal vehicle, the vintage vehicle's sound must match the engine speed of the personal vehicle. If the personal vehicle is decelerating, it is desirable that the sound the driver hears reflect that of the vintage vehicle when the vintage vehicle is decelerating. Conversely, if the personal vehicle is accelerating, it is desirable that the sound the driver hears reflect that of the vintage vehicle when the vintage vehicle is accelerating,” Dunn Column 3 Lines 52 – 60).
Claim 22: Dunn discloses the method as claimed in claim 21, wherein adapting the acoustic signal further comprises adapting the acoustic signal while the acoustic signal is being output (see at least, “If there is a sudden acceleration accompanied by a drop in gears, the controller 14 can determine that the personal vehicle 12 is being used to pass someone. All of this information affects the engine and exhaust sound that the personal vehicle 12 (or any other vehicle produces) and is useful in optimizing performance of the engine sound replication device 10, as is described in greater detail hereinafter,” Column 15 Lines 30 – 36, “For example, if a driver is listening to the recorded sound produced by a vintage automobile while driving a personal vehicle, the vintage vehicle's sound must match the engine speed of the personal vehicle. If the personal vehicle is decelerating, it is desirable that the sound the driver hears reflect that of the vintage vehicle when the vintage vehicle is decelerating. Conversely, if the personal vehicle is accelerating, it is desirable that the sound the driver hears reflect that of the vintage vehicle when the vintage vehicle is accelerating,” Dunn Column 3 Lines 52 – 60).
Claim 23: Dunn discloses the method as claimed in claim 11, adapting the acoustic signal further comprises adapting the acoustic signal on a user-specific basis (see at least, “Still yet another object of the invention is to provide an engine sound replication device that permits a user to vary the volume of sound that is produced,” Dunn Column 6 Lines 1 – 3).
Claim 25: Dunn discloses a non-transitory computer-readable medium comprising commands that, when executed by a computer, cause said computer to carry out the method as claimed in claim 11 (see at least, “The engine sound replication device 10 includes a controller 14. The controller 14 includes a microcomputer, RAM, ROM, software, firmware, and circuitry as is well known in the computer arts. The controller 14 is configured with circuitry and software, as necessary, to receive input data (as is identified and described in greater detail hereinafter), utilize the input data, and to produce an output signal 16. The output signal 16 is also described in greater detail hereinafter as is the input data that is received by the controller 14,” Dunn Column 11 Lines 31 – 39).
Claim 26: Dunn discloses a data processing device for a motor vehicle, wherein the data processing device is configured to carry out the method as claimed in claim 11 (see at least, “The engine sound replication device 10 includes a controller 14. The controller 14 includes a microcomputer, RAM, ROM, software, firmware, and circuitry as is well known in the computer arts. The controller 14 is configured with circuitry and software, as necessary, to receive input data (as is identified and described in greater detail hereinafter), utilize the input data, and to produce an output signal 16. The output signal 16 is also described in greater detail hereinafter as is the input data that is received by the controller 14,” Dunn Column 11 Lines 31 – 39).
Claim 27: Dunn discloses a motor vehicle comprising the data processing device as claimed in claim 26 (see at least, “The engine sound replication device 10 is intended for use in a personal vehicle 12, automobile, or any other preferred type of a motor vehicle,” Dunn Column 11 Lines 19 – 21).
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.
Claim(s) 13, 14, 16 – 18, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dunn in view of Goldman-Shenhar et al. (US 2017 /0291543 A1), hereinafter Goldman-Shenhar.
Claim 13: Dunn discloses the method as claimed in claim 12, but does not disclose wherein the situation information comprises at least one of the group consisting of: a location of the motor vehicle; a time of day; a time of the last journey with the motor vehicle; a seat occupancy inside the motor vehicle; a key identification; pedal information; and driving style information. However, Goldman-Shenhar discloses in regards to a similar vehicle audio system utilizing additional situational information in addition to vehicle information (see at least, “Example terms for the sub-modules 212, 214, 216, 222, 224, 226, include the following: 212-Seatbelt alert sub-module 214-Proximities alert sub-module 216-Vehicle-condition sub-module 222-Person-related context sub-module 224-Vehicle-related context sub-module 226-Environment-related context sub-module,” Goldman-Shenhar [0082] – [0088]) and further discloses wherein the situation information comprises at least one of the group consisting of: a location of the motor vehicle; a time of day; a time of the last journey with the motor vehicle; a seat occupancy inside the motor vehicle; a key identification; pedal information; and driving style information (see at least, “The supporting modules(s) 295 could include, as other examples, a location, or geo-positioning,
context module, a temporal-, scheduling-, planning-, or itinerary-context module (concerned with time of day or date, or a user schedule, itinerary, or other plan, for instance), or such sub-modules could be part of one of the enumerated sub-modules, such as the environment-related module 226,” Goldman-Shenhar [0089]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Goldman-Shenhar in the invention of Dunn thereby allowing for the additional benefit of a device that “can adaptively determine a sound-file variation based on contextual inputs,” Goldman-Shenhar [0001].
Claim 14: Dunn discloses the method as claimed in claim 12, but does not disclose wherein acquiring the situation information comprises acquiring the situation information at least in part via an on-vehicle camera device. However, Goldman-Shenhar discloses in regards to a similar vehicle audio system utilizing additional situational information in addition to vehicle information (see at least, “Example terms for the sub-modules 212, 214, 216, 222, 224, 226, include the following: 212-Seatbelt alert sub-module 214-Proximities alert sub-module 216-Vehicle-condition sub-module 222-Person-related context sub-module 224-Vehicle-related context sub-module 226-Environment-related context sub-module,” Goldman-Shenhar [0082] – [0088]) and further discloses disclose wherein acquiring the situation information comprises acquiring the situation information at least in part via an on-vehicle camera device (see at least, “Further regarding the person-related context submodule 222, and driver attention or perception examples, one or more sensors, such as cameras and/or biomedical sensors, can be configured and arranged at the vehicle 10 to sense driver characteristics indicative of driver state,” Goldman-Shenhar [0131]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Goldman-Shenhar in the invention of Dunn thereby allowing for the additional benefit of a device that “can adaptively determine a sound-file variation based on contextual inputs,” Goldman-Shenhar [0001].
Claim 16: Dunn discloses the method as claimed in claim 11, but does not disclose wherein the situation information comprises at least one of the group consisting of: a location of the motor vehicle; a time of day; a time of the last journey with the motor vehicle; a seat occupancy inside the motor vehicle; a key identification; pedal information; and driving style information. However, Goldman-Shenhar discloses in regards to a similar vehicle audio system utilizing additional situational information in addition to vehicle information (see at least, “Example terms for the sub-modules 212, 214, 216, 222, 224, 226, include the following: 212-Seatbelt alert sub-module 214-Proximities alert sub-module 216-Vehicle-condition sub-module 222-Person-related context sub-module 224-Vehicle-related context sub-module 226-Environment-related context sub-module,” Goldman-Shenhar [0082] – [0088]) and further discloses wherein the situation information comprises at least one of the group consisting of: a location of the motor vehicle; a time of day; a time of the last journey with the motor vehicle; a seat occupancy inside the motor vehicle; a key identification; pedal information; and driving style information (see at least, “The supporting modules(s) 295 could include, as other examples, a location, or geo-positioning,
context module, a temporal-, scheduling-, planning-, or itinerary-context module (concerned with time of day or date, or a user schedule, itinerary, or other plan, for instance), or such sub-modules could be part of one of the enumerated sub-modules, such as the environment-related module 226,” Goldman-Shenhar [0089]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Goldman-Shenhar in the invention of Dunn thereby allowing for the additional benefit of a device that “can adaptively determine a sound-file variation based on contextual inputs,” Goldman-Shenhar [0001].
Claim 17: Dunn and Goldman-Shenhar disclose the method as claimed in claim 16, wherein the signal information is dependent on at least one of the group consisting of: a duration of the acoustic signal; a volume of the acoustic signal; an intensity of the acoustic signal; a localization of the acoustic signal in the interior; a number of repetitions of the acoustic signal; and a cognitive content of the acoustic signal (see at least, “The volume is preferably adjustable,” Dunn Column 10 Lines 30 – 31, “If desired, the engine sound replication device 10 includes a volume control 36. The volume control 36 is used to vary and thereby to control the amplitude of the output signal 16. In this manner the volume of the replicated exhaust sound can be controlled. For example, if the driver of the personal vehicle 12 is not on a public road and wishes to increase the volume of the replicated exhaust sound so that it exceeds legal street limits, the driver merely raises the volume control 36 when desired. Prior to again entering a public road, the driver would first lower the volume control 36 so that the volume of the replicated exhaust is within permissible levels,” Dunn Column 19 Line 58 – Column 20 Line 2, “When the engine 20 is turned off the OBD II transmitter 106 stops transmitting data and the stereo becomes silent (assuming the stereo still has power),” Dunn Column 25 Lines 8 – 10).
Claim 18: Dunn and Goldman-Shenhar disclose the method as claimed in claim 16, wherein the signal information is dependent on a frequency of repetition of the acoustic signal and a content of the acoustic signal (see at least, “it is noted that an electrical signal in the form of periodic electrical noise is modulated onto the 12 VDC bus and therefore, the periodic electrical noise is also present on the 12 VDC power outlet 22a. The periodic electrical noise appears as electrical spikes, as shown in general by the reference numeral 24, on the 12 VDC power outlet 22a that occur whenever any of the spark plugs fire (not shown) in the personal vehicle 12. The rate of the spark plug firing is proportional to the speed (RPM) of the engine 20,” Dunn Column 12 Lines 11 – 20, “It is important to note that the recorded files of exhaust sound in the memory library 30 are of relatively short duration. These files are merely repeated (i.e., sampled and obtained again and again from the memory library 30) so as to provide the controller 14 with a continuous stream of engine sounds (exhaust or other) from the memory library 30 that correspond always with the current state of the engine 20 in the personal vehicle 12,” Dunn Column 16 Line 63 – Column 17 Line 3, “When the engine 20 is turned off the OBD II transmitter 106 stops transmitting data and the stereo becomes silent (assuming the stereo still has power),” Dunn Column 25 Lines 8 – 10).
Claim 24: Dunn discloses the method as claimed in claim 11, but does not disclose wherein acquiring the situation information comprises acquiring the situation information at least in part via an on-vehicle camera device. However, Goldman-Shenhar discloses in regards to a similar vehicle audio system utilizing additional situational information in addition to vehicle information (see at least, “Example terms for the sub-modules 212, 214, 216, 222, 224, 226, include the following: 212-Seatbelt alert sub-module 214-Proximities alert sub-module 216-Vehicle-condition sub-module 222-Person-related context sub-module 224-Vehicle-related context sub-module 226-Environment-related context sub-module,” Goldman-Shenhar [0082] – [0088]) and further discloses disclose wherein acquiring the situation information comprises acquiring the situation information at least in part via an on-vehicle camera device (see at least, “Further regarding the person-related context submodule 222, and driver attention or perception examples, one or more sensors, such as cameras and/or biomedical sensors, can be configured and arranged at the vehicle 10 to sense driver characteristics indicative of driver state,” Goldman-Shenhar [0131]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Goldman-Shenhar in the invention of Dunn thereby allowing for the additional benefit of a device that “can adaptively determine a sound-file variation based on contextual inputs,” Goldman-Shenhar [0001].
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH SAUNDERS whose telephone number is (571)270-1063. The examiner can normally be reached Monday-Thursday, 9:00 a.m. - 4 p.m., EST.
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/JOSEPH SAUNDERS JR/Primary Examiner, Art Unit 2692
Prosecution Insights