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 .
DETAILED ACTION
This communication is in response to: Application filed on December 10th, 2024.
Claims 1-5 are pending claims.
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 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.
Claims 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rau (US 2024/0361975 A1) in view of Nakashima (US 2008/0249780 A1).
As for independent claim 1:
Rau–Nakashima discloses a voice guidance apparatus comprising a controller configured to:
accept a setting for volume to be output in a vehicle for each volume level of a noise that may be detected in the vehicle (0057-0058, Rau disclosed volume control having a series of sequential volume settings, detecting noise levels and adjustment in 0114, 0116);
adjust, upon detecting a noise in the vehicle when outputting the volume to set volume corresponding to a volume level of the detected noise (see adjustment of volume from the detected noise in 0114, 0116 and 0119. Rau discloses detected noise in 0086 and 0087).
Rau does not disclose voice guidance, Nakashima discloses voice guidance in 0024, 0022, 0041, 0050. In the cited sections Nakashima discloses voice guidance in a vehicle and adjusts volume of the voice guidance. Accordingly it would have been obvious before the effective filing date of the claimed invention to a skilled artisan to modify the apparatus of Rau to incorporate the teaching of Nakashima vehicle voice guidance and adjustment of volume, thus provides the driver feedback on the vehicle and adjust volume according to the noise level of the vehicle (Nakashima, 0041, 0042, 0050).
As for dependent claim 2:
Rau–Nakashima discloses the voice guidance apparatus of claim 1, wherein the controller is configured to: accept settings for volume corresponding to two or more volume levels among a plurality of volume levels; and automatically set volume corresponding to a remaining volume level among the plurality of volume levels based on the settings for the volume corresponding to the two or more volume levels (see Nakashima, 0041-0043, 0050).
As for dependent claim 3:
Rau–Nakashima discloses the voice guidance apparatus of claim 1, wherein the controller is configured to accept a setting for volume corresponding to a specific volume level while playing a noise sample at the specific volume level (see volume level in Nakashima 0042 and Rau, 0061).
As for claim 4:
Rau–Nakashima discloses a vehicle comprising the voice guidance apparatus of claim 1 (Rau, 0044, 0239, discloses volume control operations and infotainment system within a vehicle). Claim 4contains substantial subject matter as claimed in claim 1 and is respectfully rejected along the same rationale.
As for independent claim 5:Claim 5 contains substantial subject matter as claimed in claim 1 and is respectfully rejected along the same rationale.
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)).
The Examiner notes MPEP § 2144.01, that quotes In re Preda, 401 F.2d 825,159 USPQ 342, 344 (CCPA 1968) as stating “in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.” Further MPEP 2123, states that “a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID PHANTANA ANGKOOL whose telephone number is (571) 272-2673. The examiner can normally be reached M-F, 7:00-3:30 PM.
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/David Phantana-angkool/Primary Examiner, Art Unit 2172
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