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 in response to applicant amendment/remarks filed 03/13/2026. Claims 1, 6, and 11 have been amended. Claim 5 have been cancelled and the limitations of claim 5 have been added to the independent claim 1. No claims have been newly added. Accordingly, claims 1-4 and 6-11 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/02/2026 have been fully considered by the examiner.
Response to Arguments
Applicant’s arguments, see pages 6-10 filed 03/13/2026, with respect to the 35 U.S.C. 103 rejection have been fully considered and are persuasive. The 35 U.S.C. 103 rejection has been withdrawn, and the examiner is submitting a second non-final. A new 35 U.S.C 102/103 rejection via newly found reference Kim et al. US20230016272A1 has been provided below.
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.
Claims 1, 3-4, and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. US20230016272A1 (henceforth Kim).
Regarding claim 1,
Kim discloses:
A vehicle management system to be applied to a battery electric vehicle configured to use an electric motor as a power unit for travel, (See at least Fig. 2 “driving device (motor) 41) and Para. 0039, “electric vehicle”.)
the battery electric vehicle including a simulation mode in which a simulation target is simulated, and the simulation target including at least either of a driving sound of a virtual mobile body and driving characteristics of a virtual vehicle,
(See at least Para. 0043, “a virtual sound provision apparatus and method according to an embodiment of the present disclosure for generating and outputting a virtual driving sound differentiated based on information about an acceleration and deceleration driving pattern of a driver determined depending on frequency of sudden acceleration, gradual acceleration, sudden deceleration, and gradual deceleration in an electric vehicle”. Further see Para. 0059, “a first controller 20 configured to determine the characteristics of a target sound based on the acceleration and deceleration driving pattern of the driver from the vehicle driving information detected by the driving information detector 12 using predetermined driver emotion model information and to generate and output a sound control signal based on the characteristic information of the target sound and the characteristic information of the actual driving sound acquired through the microphone 13, and a sound device 50 configured to output a virtual driving sound, i.e., a virtual engine sound that simulates an engine sound from the vehicle at the time of acceleration and deceleration (virtual acceleration and deceleration sound) from the vehicle according to the sound control signal output by the first controller 20” The simulation target (i.e. the specific virtual driving sound that is outputted) includes a driving sound of a virtual mobile body in a simulation mode.)
the vehicle management system comprising one or more processors configured to: calculate driving proficiency of a driver that drives the battery electric vehicle in the simulation mode; (See at least Para. 0130-0135, and Para. 0136-0139, wherein the “achievement rate” (i.e. a driving proficiency variable) is used to determine the driving pattern of the driver. Next, in Para. 0146, “the characteristics of the target sound may be differentiated and set depending on the acceleration curve for each driving pattern.” The target sound is based on the driving pattern, and the options for the simulation target is changed according to the driving pattern (i.e. which is set according to the driving proficiency.)
wherein the driving proficiency is calculated based on at least one of a duration of use of the simulation mode, a distance of travel in the simulation mode, and a frequency of use of the simulation mode(See at least Para. 0139, “After the achievement rate (%) during one-time driving, which is the short-term frequency information, is stored, the controller accumulates and averages the achievement rate obtained whenever one-time driving is performed, and obtains the average of the achievement rates as long-term achievement rate information, which is long-term frequency information.” The frequency of use of the simulation mode is used to calculate the driving proficiency. Further see Para. 0141-0142.)
and change options for the simulation target according to the driving proficiency. (See at least Para. 0146, “the characteristics of the target sound may be differentiated and set depending on the acceleration curve for each driving pattern.” The target sound is based on the driving pattern (which is based on the driving proficiency as recited above), and the options for the simulation target is changed according to the driving pattern.)
Regarding claim 3,
Kim discloses:
wherein the simulation target includes the driving sound of the virtual mobile body, and the one or more processors are configured to: generate a pseudo driving sound that simulates the driving sound of the virtual mobile body; and output the pseudo driving sound through a speaker mounted on the battery electric vehicle.
(See at least Fig. 2 and Para. 0060, “the sound device 50 may include a sound generator 51 configured to generate a virtual sound signal having the characteristics of a target sound using the sound control signal and stored sound source data, an amplifier 52 configured to amplify the generated virtual sound signal, and a speaker 53, such as a woofer, configured to output the amplified virtual sound signal as a virtual driving sound. The speaker 53 is installed at least one of the interior and the exterior of the vehicle. Preferably, a plurality of speakers 53 is installed at the vehicle so as to be used to output a virtual sound.” The sound generator 51 outputs the pseudo driving sound through a speaker mounted on the electric vehicle.)
Regarding claim 4,
Kim discloses:
wherein the pseudo driving sound of the virtual mobile body is a pseudo engine sound that simulates an engine sound of an engine-driven automobile.
(See at least Para. 0039, “A virtual sound provided in the present disclosure may be a sound that simulates a sound generated from a driving system other than a driving system of an electric vehicle, such as an engine (an internal combustion engine), which is a driving device of an internal combustion engine vehicle, during driving of the vehicle.” The pseudo driving sound is a pseudo engine sound that simulates an engine sound of an engine-driven automobile.)
Regarding claim 10,
Kim discloses:
wherein the one or more processors are configured to select one specified by the driver, from among the options for the simulation target.
(See at least Para. 0069, “, the interface 11 may also be connected to the sound device 50, as shown in FIG. 2, and therefore the driver may select a vehicle type or vehicle grade or may adjust volume and tone of the virtual sound through the interface 11. That is, when the driver selects a desired vehicle type or vehicle grade through the interface 11, the sound device 50 may output a virtual sound corresponding to the vehicle type or vehicle grade selected by the driver, and the volume and tone of the virtual sound may be adjusted through manipulation at the interface 11”. The driver is able to select a simulation target among the options.)
Regarding claim 11,
Kim discloses the same limitations as recited in claim 1 above.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Frye US20140142805A1.
Regarding claim 2,
Kim discloses the limitations as recited in claim 1 above.
Kim discloses a simulation target (Para. 0059, “target sound), but does not specifically state wherein the one or more processors are configured to increase the options for the target as the driving proficiency becomes higher.
However, Frye teaches:
wherein the one or more processors are configured to increase the options for the target as the driving proficiency becomes higher. (See at least Para. 0075-0078, wherein the calculated driving proficiency determines driver access to functions, wherein a higher proficiency increases the number or range associated with the function, wherein the function includes “adjust a volume to a range that was previously not allowed” (Para. 0078).)
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified Kim to incorporate the teachings of Fry to include “wherein the one or more processors are configured to increase the options for the target as the driving proficiency becomes higher” since “The use of real-time driving event data and associated rewards may provide an incentive for the vehicle driver to exhibit a particular driving behavior, and may also provide positive reinforcement for the vehicle driver when he/she does exhibit the particular driving behavior” (Para. 0007, Fry). This would create a more robust system for increasing the options for a target as the driving proficiency becomes higher. Additionally, a person having ordinary skill in the art would have a reasonable expectation of success in combining the teachings of Kim and Fry. The claimed invention is merely a combination of known elements and in combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Claim 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Isami US20210229550A1.
Regarding claim 6,
Kim discloses the limitations as recited in claim 1 above. Kim does not specifically state wherein the simulation target includes the driving characteristics of the virtual vehicle, the driving characteristics of the virtual vehicle are torque characteristics of a manual transmission vehicle, and the simulation mode includes a manual mode in which the torque characteristics of the manual transmission (MT) vehicle are simulated.
However, Isami teaches:
wherein the simulation target includes the driving characteristics of the virtual vehicle, the driving characteristics of the virtual vehicle are torque characteristics of a manual transmission vehicle, and the simulation mode includes a manual mode in which the torque characteristics of the manual transmission (MT) vehicle are simulated. (See at least Para. 0019, “The torque controller is configured to acquire a virtual engine speed that simulates an engine speed assuming that a traveling condition of the electric vehicle is realized by a driving force of an engine based on a driving state of the electric vehicle. The torque controller is configured to add an engine sound based on the virtual engine speed” and Para. 0029, “simulate the manual gear change operation of the MT vehicle.” The driving characteristics are torque characteristics of a manual transmission vehicle and the simulation mode includes a manual mode in which the torque characteristics of the MT are simulated.)
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified Kim to incorporate the teachings of Isami to include “wherein the simulation target includes the driving characteristics of the virtual vehicle, the driving characteristics of the virtual vehicle are torque characteristics of a manual transmission vehicle, and the simulation mode includes a manual mode in which the torque characteristics of the manual transmission (MT) vehicle are simulated” in order to increase the comfort of the “driving feeling of a driver seeking pleasure to operate MT vehicles” (Para. 0005, Isami) and “ to provide an electric vehicle capable of pseudo-reproducing a manual gear change operation of a manual transmission vehicle” (Para. 0006, Isami), which would create a more robust electric vehicle. Additionally, a person having ordinary skill in the art would have a reasonable expectation of success in combining the teachings of Kim and Isami. The claimed invention is merely a combination of known elements and in combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Regarding claim 7,
Kim does not specifically state wherein the battery electric vehicle includes an accelerator pedal and a sequential shifter, and the battery electric vehicle is configured to vary output characteristics of the electric motor for an operation of the accelerator pedal according to a shift operation of the sequential shifter in the manual mode. However, Isami teaches:
wherein the battery electric vehicle includes an accelerator pedal (Para. 0044, “accelerator pedal”) and a sequential shifter, (Para. 0009, “shift lever or shift pedal) and the battery electric vehicle is configured to vary output characteristics of the electric motor for an operation of the accelerator pedal according to a shift operation of the sequential shifter in the manual mode. (See at least Para. 0044 and 0046.)
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified Kim to incorporate the teachings of Isami to include “wherein the battery electric vehicle includes an accelerator pedal and a sequential shifter, and the battery electric vehicle is configured to vary output characteristics of the electric motor for an operation of the accelerator pedal according to a shift operation of the sequential shifter in the manual mode” in order to increase the comfort of the “driving feeling of a driver seeking pleasure to operate MT vehicles” (Para. 0005, Isami) and “ to provide an electric vehicle capable of pseudo-reproducing a manual gear change operation of a manual transmission vehicle” (Para. 0006, Isami), which would create a more robust electric vehicle. Additionally, a person having ordinary skill in the art would have a reasonable expectation of success in combining the teachings of Kim and Isami. The claimed invention is merely a combination of known elements and in combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Regarding claim 8,
Kim does not specifically state wherein the battery electric vehicle includes an accelerator pedal, a pseudo clutch pedal, and a pseudo shift device, the pseudo clutch pedal is operated when operating the pseudo shift device, and the battery electric vehicle is configured to vary an output of the electric motor for an operation of the accelerator pedal according to an operation of the pseudo clutch pedal and an operation of the pseudo shift device in the manual mode.
However, Isami teaches:
wherein the battery electric vehicle includes an accelerator pedal, a pseudo clutch pedal, and a pseudo shift device, the pseudo clutch pedal is operated when operating the pseudo shift device, and the battery electric vehicle is configured to vary an output of the electric motor for an operation of the accelerator pedal according to an operation of the pseudo clutch pedal and an operation of the pseudo shift device in the manual mode. (See at least Para. 0044-0046, wherein the battery electric vehicle includes an accelerator pedal, a pseudo clutch pedal, and a pseudo shift device, such that the vehicle is operated based on the operation of these devices.)
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified Kim to incorporate the teachings of Isami to include “wherein the battery electric vehicle includes an accelerator pedal and a sequential shifter, and the battery electric vehicle is configured to vary output characteristics of the electric motor for an operation of the accelerator pedal according to a shift operation of the sequential shifter in the manual mode” in order to increase the comfort of the “driving feeling of a driver seeking pleasure to operate MT vehicles” (Para. 0005, Isami) and “ to provide an electric vehicle capable of pseudo-reproducing a manual gear change operation of a manual transmission vehicle” (Para. 0006, Isami), which would create a more robust electric vehicle. Additionally, a person having ordinary skill in the art would have a reasonable expectation of success in combining the teachings of Kim and Isami. The claimed invention is merely a combination of known elements and in combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kim and Isami further in view of Henneken et al. US20040266583A1 (henceforth Henneken)
Regarding claim 9,
Kim and Isami discloses the same limitations as recited in claims 1 and 6.
Kim and Isami does not specifically state wherein the driving proficiency is calculated based on at least one of a duration of use of the manual mode, a distance of travel in the manual mode, a frequency of use of the manual mode, and a number of shift operations in the manual mode.
However, Henneken teaches:
wherein the driving proficiency is calculated based on at least one of a duration of use of the manual mode, a distance of travel in the manual mode, a frequency of use of the manual mode, and a number of shift operations in the manual mode.
(See at least Para. 0035-0037, wherein the number of shift operations in the manual mode determines the driving proficiency of the driver. The driver is quantitatively characterized based on the driving manual shifting behavior. The driving proficiency refers to the driver’s skill/capability in operating the vehicle, and repeatedly making manual shifting controls rather than letting the automatic system handle gear selection demonstrates a capability in manual operation (i.e. a driving proficiency). Higher count values correlate with active manual operation, which is a form of driving capability (i.e. driving proficiency).)
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified Kim and Isami to incorporate the teachings of Henneken to include “wherein the driving proficiency is calculated based on at least one of a duration of use of the manual mode, a distance of travel in the manual mode, a frequency of use of the manual mode, and a number of shift operations in the manual mode” in order to determine if the driver is an economic driver or a “sporting driver” (Para. 0036, Henneken) and “which offers a satisfactory spontaneity of the vehicle to the most ambitious driver” (Para. 0041 Henneken). This would create a more robust system for determining the driving proficiency of a driver. Additionally, a person having ordinary skill in the art would have a reasonable expectation of success in combining the teachings of Kim, Isami and Henneken. The claimed invention is merely a combination of known elements and in combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL J LAMBERT whose telephone number is (571)272-4334. The examiner can normally be reached M-F 10:00 am- 6:00 pm MDT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erin Piateski can be reached at (571) 270-7429. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Erin M Piateski/Supervisory Patent Examiner, Art Unit 3669
/G.J.L./
Examiner
Art Unit 3669
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