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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it uses a phrase which can be implied. For instance, line 1 recites “A control method and apparatus, and a carrier are provided”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 1-4, 9, and 17-20 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by CN 107444257 A to Zhang et al.
In regards to claim 1, Zhang discloses a control method, comprising: obtaining traveling information of a carrier (See [0056] and [0058]: the device obtains “driving state information of the vehicle,” including traveling speed information, steering information, acceleration information, deceleration information, and surrounding environment information, through information collecting devices such as vehicle speed sensors, steering angle sensors, acceleration sensors, ultrasonic radars, cameras, and infrared devices deployed on or in the vehicle); and when the carrier accelerates or decelerates in response to an indication of a user in the carrier See [0056]: the vehicle expressly includes operation in “full human driving mode,” in which a driver, i.e., a user in the carrier, directly controls the vehicle’s acceleration and deceleration; See [0072]–[0074]: the system identifies acceleration information of the vehicle when speed at a later time is greater than speed at a previous time, and deceleration information when speed at a later time is less than speed at a previous time, both determined from the traveling speed information), controlling, based on the traveling information, at least two sound-emitting apparatuses in a cabin of the carrier to play a first simulated sound wave with a sound image shift See [0222]: the three-dimensional audio device comprises “a plurality of audio playback units installed inside the vehicle,” i.e., at least two sound-emitting apparatuses in a cabin; See [0092] and [0152]: during acceleration, the three-dimensional audio device is controlled to simulate the position of the lamp bead that is lighted at each moment as the sound source position, thereby achieving “a moving light source with sound from [the rear of the vehicle] ran to [the front of the vehicle],” i.e., the plurality of audio playback units collectively produce a virtual sound source that shifts spatially from rear to front; See [0094] and [0154]: during deceleration, the virtual sound source shifts from front to rear; this spatially shifting virtual sound source produced by the plurality of audio playback units constitutes a first simulated sound wave with a sound image shift, as recited).
In regards to claim 2, Zhang further discloses controlling a sound image shift speed of the first simulated sound wave based on an acceleration magnitude of the carrier and/or an acceleration change rate of the carrier, wherein the acceleration magnitude of the carrier and the acceleration change rate of the carrier are determined based on the traveling information (See [0092] and [0152]: “the speed of sound and light movement can also be controlled based on the speed of acceleration. For example, the faster the acceleration, the faster the sound and light move, and vice versa”; See [0073]: the acceleration information is determined based on multiple pieces of speed information collected within a certain period of time from the vehicle speed sensor, i.e., determined based on the traveling information; because the sound image shift speed varies proportionally with the acceleration magnitude, this limitation is met under the “and/or” construction). Zhang teaches the same proportional relationship for deceleration See [0094] and [0154]: “the faster the deceleration, the faster the sound and light move, and vice versa”).
In regards to claim 3, Zhang further discloses: when the carrier is accelerating, controlling a sound image shift direction of the first simulated sound wave to be a first direction (See [0092] and [0152]: during acceleration, the LED lamp beads on the left and right sides of the vehicle are controlled to flash “along the direction of vehicle forward from front to back,” and simultaneously the three-dimensional audio device simulates the sound source at each sequentially lit position, creating a virtual sound source that moves in a first direction corresponding to the forward direction of the vehicle); or when the carrier is decelerating, controlling a sound image shift direction of the first simulated sound wave to be a second direction, wherein the first direction and the second direction are opposite directions See [0094] and [0154]: during deceleration, the lamp beads flash “along the opposite direction of the vehicle forward from front to back,” and the three-dimensional audio device simulates the sound source shifting in a direction opposite to the acceleration direction; Zhang explicitly states these are opposite directions, satisfying the recitation that “the first direction and the second direction are opposite directions”).
In regards to claim 4, Zhang further discloses wherein the first direction is from rear of the carrier to front of the carrier, and the second direction is from the front of the carrier to the rear of the carrier (See [0092] and [0206]: during acceleration, the lamp beads and simulated sound source move “from the rear of the vehicle to the front of the vehicle”; See [0094] and [0207]: during deceleration, the lamp beads and simulated sound source move “from the front of the car to the rear of the car”). These explicit directional teachings directly correspond to the first and second directions recited.
In regards to claim 9, Zhang further discloses controlling, based on the first simulated sound wave, a light display device in the cabin to display light (See [0060], [0092], [0121], and [0152]: the acousto-optic mode information drives both the three-dimensional audio device and the LED lamp strip in the cabin simultaneously; the LED lamp strip, i.e., a light display device in the cabin, displays light in coordinated fashion with the simulated sound; specifically, the same trigger timing information that causes the sound image shift also causes the LED lamp beads to flash in a sequential pattern, meaning the light display is controlled based on the same acousto-optic mode information that produces the first simulated sound wave; See [0064]: “the acousto-optic mode information embodies a dynamic change effect of sound and light in a spatial dimension and/or a temporal dimension”). Because the sound and light are coordinated outputs driven by the same control signal, and the light display behavior directly corresponds to and is generated from the same acousto-optic mode information as the first simulated sound wave, controlling the light display device based on the first simulated sound wave is disclosed.
In regards to claim 17, Zhang discloses a control apparatus, comprising: a memory, configured to store a computer program (See [0013], [0177]: “memory”); and a processor, configured to execute the computer program stored in the memory See [0012] and [0176]: “one or more processors”), to enable the apparatus to perform operations comprising: obtaining traveling information of a carrier; and when the carrier accelerates or decelerates in response to an indication of a user in the carrier, controlling, based on the traveling information, at least two sound-emitting apparatuses in a cabin of the carrier to play a first simulated sound wave with a sound image shift (See [0175]–[0180]: an apparatus for presenting information in a vehicle including processors, memory, and programs configured to determine acousto-optic mode information based on driving state information and trigger acousto-optic units to emit light or sound; the substantive operations are identical to those discussed in the rejection of claim 1 above and are incorporated herein by reference).
In regards to claim 18, Zhang discloses the apparatus, wherein the operations further comprise: controlling a sound image shift speed of the first simulated sound wave based on an acceleration magnitude of the carrier and/or an acceleration change rate of the carrier, wherein the acceleration magnitude of the carrier and the acceleration change rate of the carrier are determined based on the traveling information (See [0092], [0094], [0152], and [0154]).
In regards to claim 19, Zhang discloses the apparatus, wherein the operations further comprise: when the carrier is accelerating, controlling a sound image shift direction of the first simulated sound wave to be a first direction; or when the carrier is decelerating, controlling a sound image shift direction of the first simulated sound wave to be a second direction, wherein the first direction and the second direction are opposite directions (See [0092] and [0152]; [0094] and [0154]).
In regards to claim 20, Zhang discloses the apparatus, wherein the first direction is from rear of the carrier to front of the carrier, and the second direction is from the front of the carrier to the rear of the carrier (See [0092] and [0206]: during acceleration, the lamp beads and simulated sound source move “from the rear of the vehicle to the front of the vehicle”; See [0094] and [0207]: during deceleration, the lamp beads and simulated sound source move “from the front of the car to the rear of the car”). These explicit directional teachings directly correspond to the first and second directions recited).
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.
Claims 5, 10, and 11 are rejected under 35 U.S.C. § 103 as being unpatentable over CN 107444257 A to Zhang et al.
In regards to claim 5, Zhang discloses the method according to claim 1, and further discloses determining, based on the traveling information, that the carrier steers to a third direction (See [0075], [0135]: the system acquires the current steering angle based on a steering angle sensor and determines steering information including “specific directional information of steering,” e.g., right turn or left turn; See [0096], [0156]: when the vehicle turns right or left, corresponding acousto-optic units on the right or left side are activated). Zhang further discloses controlling a sound image shift direction of the first simulated sound wave based on the third direction (See [0096], [0156]: the three-dimensional audio device simulates the sound source at the lit lamp bead position on the corresponding side, creating a directional sound image matched to the steering direction).
Zhang does not expressly disclose in a single embodiment controlling the sound image shift direction of the first simulated sound wave based on both an acceleration magnitude and the third direction simultaneously, as recited in claim 5. However, Zhang '257 teaches both acceleration-based sound image shift control (See [0092], [0152]) and steering-based sound image shift control See [0096], [0156] in the same system and as part of the same acousto-optic mode information determination process See [0063]: “the selection of the plurality of acousto-optic units in the acousto-optic mode information and the setting of the trigger timing information of the plurality of acousto-optic units should match the driving state information of the specific vehicle”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the acceleration-based and steering-based sound image shift controls taught by Zhang, because Zhang expressly contemplates that the acousto-optic mode information is determined to match the specific driving state, and a vehicle commonly accelerates and steers simultaneously (e.g., accelerating through a curve). One of ordinary skill would have been motivated to combine these features to provide the user with a more accurate and comprehensive representation of the vehicle’s actual driving state during combined maneuvers.
In regards to claim 10, Zhang discloses the method (See 102 rejection above), and further discloses controlling, based on characteristics of the acousto-optic mode information, a gradient direction and a gradient speed of the light displayed by the light display device (See [0092], [0152]: during acceleration, LED lamp beads on the left and right sides flash sequentially “from front to back” at a speed proportional to the acceleration, forming a moving light effect — the sequential direction is a gradient direction and the sequential speed is a gradient speed; See [0094], [0154]: during deceleration, the gradient direction reverses and the gradient speed is proportional to deceleration speed).
Claim 10 recites controlling the gradient direction and/or gradient speed “based on a fundamental frequency characteristic of the first simulated sound wave.” Zhang '257 does not explicitly describe the light gradient as being controlled based on a “fundamental frequency characteristic” of the simulated sound wave. However, in Zhang, the sound image shift and the light gradient are both governed by the identical acousto-optic mode information, which is itself determined from the same acceleration/deceleration data See [0064]. The sound and light outputs are inherently synchronized and co-parameterized. To the extent the first simulated sound wave possesses frequency characteristics that correspond to the rate of sound image shift (which is proportional to acceleration), and the light gradient speed is also proportional to the same acceleration, the light gradient is inherently controlled in correspondence with the frequency characteristics of the simulated sound wave.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to explicitly derive the light gradient control parameters from the fundamental frequency characteristic of the first simulated sound wave in Zhang, because both the sound and light outputs are already driven by the same source parameters (acceleration/deceleration), and directly linking the light behavior to the sound wave characteristics would simplify the control architecture by using a single derived signal to drive both modalities.
In regards to claim 11, Zhang discloses the method (See 102 rejection above). Claim 11 recites controlling, based on an energy characteristic of the first simulated sound wave, brightness of the light displayed by the light display device. Zhang discloses that the acousto-optic mode information includes trigger control information comprising “light emitting information of the acousto-optic unit” such as blinking frequency, constantly-on time, and light color (See [0083], [0143]), and that this light emitting information “corresponds to the information to be presented” See [0086] and [0146]). For example, when the to-be-presented information is emergency status information, the light-emitting information may be “high-frequency flashing” to give a “visual sense of crisis” See [0086] and [0146]). Zhang '257 further discloses that the sounding information also corresponds to the information to be presented See [0087] and [0147]).
Zhang does not expressly recite controlling brightness based on an “energy characteristic” of the first simulated sound wave. However, Zhang teaches that both the light intensity/frequency and the sound output are set to correspond to the same presented information and to cooperatively convey the same driving state. An energy characteristic of the sound wave (e.g., amplitude or loudness) inherently correlates with the urgency or magnitude of the presented driving state information the same parameter that Zhang uses to set light behavior. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to control the brightness of the light display based on the energy characteristic of the simulated sound wave in Zhang system, because doing so would ensure consistent multi-sensory feedback intensity (louder sound paired with brighter light for more urgent events) and because Zhang already teaches coordinating sound and light intensity to match the same driving state information.
Claims 6-8 are rejected under 35 U.S.C. § 103 as being unpatentable over Zhang, in view of JP 2010105643 A.
In regards to claim 6, Zhang discloses the method, including controlling at least two sound-emitting apparatuses to produce a spatially shifting virtual sound source based on the traveling information. Zhang does not expressly disclose generating a second simulated sound wave based on the traveling information and controlling, based on the second simulated sound wave, the at least two sound-emitting apparatuses to play the first simulated sound wave with the sound image shift.
JP 2010105643 teaches an in-vehicle sound system that generates a simulated engine/motor sound wave (i.e., a second simulated sound wave) based on vehicle traveling parameters such as engine RPM, vehicle speed, and acceleration (See [0013] – [0055], Figs. 1–5). JP 2010105643 teaches that the generated simulated sound wave has characteristics (including frequency and amplitude) that are derived from the traveling information and used to control sound output through speakers in the vehicle cabin.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang to generate a second simulated sound wave based on the traveling information, as taught by JP 2010105643, and to use the characteristics of that second simulated sound wave to control the sound image shift behavior of Zhang three-dimensional audio system. Both Zhang and JP 2010105643 are in the field of in-vehicle audio systems that present driving-state-related sound to vehicle occupants. One of ordinary skill would have been motivated to incorporate JP 2010105643 simulated sound generation into Zhang system to provide a more realistic and immersive auditory representation of the vehicle’s driving state, particularly in electric or autonomous vehicles where natural engine sound is absent. The combination would yield predictable results because JP 2010105643 simulated sound wave parameters directly correspond to the same driving state parameters (acceleration, speed) that Zhang uses to control sound image shift.
In regards to claim 7, the combination of Zhang and JP 2010105643 renders obvious the method according to claim 6. Claim 7 further recites controlling a sound image shift direction and/or sound image shift speed of the first simulated sound wave based on a fundamental frequency characteristic of the second simulated sound wave. JP 2010105643 teaches that the simulated engine/motor sound wave has a fundamental frequency that increases with increasing engine RPM/vehicle speed/acceleration and decreases with decreasing engine RPM/vehicle speed/deceleration (See [0013] - [0055]). Zhang teaches that the sound image shift direction is forward during acceleration and rearward during deceleration See [0092] and [0094], and that the shift speed is proportional to the acceleration/deceleration magnitude See [0092] and [0094]).
When JP 2010105643 simulated sound wave is incorporated into Zhang system as proposed for claim 6, the fundamental frequency of JP 2010105643 second simulated sound wave would inherently increase during acceleration and decrease during deceleration. It would have been an obvious engineering choice to map the increasing fundamental frequency to the forward shift direction and the decreasing fundamental frequency to the rearward shift direction, because this mapping directly corresponds to the physical experience of acceleration and deceleration and because both the fundamental frequency and the shift direction are already independently correlated to the same underlying parameter (acceleration/deceleration).
In regards to claim 8, the combination of Zhang and JP 2010105643 renders obvious the method according to claim 7. Claim 8 further specifies: when the fundamental frequency characteristic indicates that a fundamental frequency of the second simulated sound wave gradually increases, controlling a sound image of the first simulated sound wave to shift from the rear of the carrier to the front of the carrier; or when the fundamental frequency characteristic indicates that a fundamental frequency of the second simulated sound wave gradually decreases, controlling a sound image of the first simulated sound wave to shift from the front of the carrier to the rear of the carrier.
As discussed in the rejection of claim 7, JP 2010105643 simulated sound wave has a fundamental frequency that increases during acceleration and decreases during deceleration. Zhang teaches that during acceleration the sound image shifts from rear to front (See [0092] and [0152] and during deceleration the sound image shifts from front to rear (See [0094] and [0154]). In the combined system, a gradually increasing fundamental frequency (indicating acceleration per JP 2010105643) would correspond to the rear-to-front sound image shift (per Zhang), and a gradually decreasing fundamental frequency (indicating deceleration per JP 2010105643) would correspond to the front-to-rear sound image shift. This is the natural and predictable result of combining JP 2010105643 frequency-varying simulated sound with Zhang direction-dependent sound image shift control, and would have been obvious to one of ordinary skill for the same reasons stated in the rejection of claims 6 and 7 above.
Claims 12-14 are rejected under 35 U.S.C. § 103 as being unpatentable over Zhang in view of JP 2010105643, and further in view of knowledge well-known in the art.
In regards to claim 12, Zhang discloses the method, including controlling multiple output modalities (sound and light) in the vehicle cabin based on the driving state information. Zhang does not expressly disclose controlling at least one of a wind direction, wind force, and a temperature of an air conditioner in the cabin based on the first simulated sound wave.
The Examiner takes Official Notice that it is well known in the art of vehicle cabin environment systems to coordinate air conditioning output (including wind direction, wind force, and temperature) with other sensory feedback modalities to create immersive multi-sensory user experiences. See, e.g., the general field of “4D” experience systems in which wind, temperature, sound, and light effects are synchronized. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to extend Zhang multi-sensory presentation system, which already coordinates sound and light, to additionally control the vehicle’s air conditioner based on the first simulated sound wave. One of ordinary skill would have been motivated to do so because Zhang expressly aims to provide a “scene-based intelligent information presenting mode” that mobilizes “multi-dimensional perception such as hearing and vision” (See Abstract and [0069]), and extending this principle to include tactile perception through air flow and temperature would naturally enhance the immersive experience. The modification would yield predictable results because vehicle air conditioning systems are already controllable via electronic signals from a vehicle’s computing platform.
In regards to claim 13, the combination applied to claim 12 renders obvious the method according to claim 12. Claim 13 further specifies controlling the wind direction and/or the wind force of the air conditioner based on a fundamental frequency characteristic of the first simulated sound wave. As discussed in the rejection of claims 6-8, the combination of Zhang and JP 2010105643 yields a system in which the first simulated sound wave has characteristics, including fundamental frequency, that vary with the vehicle’s acceleration and deceleration. It would have been obvious to one of ordinary skill to map the fundamental frequency characteristic of the first simulated sound wave to wind direction and/or wind force, because a higher frequency (corresponding to acceleration) would intuitively correspond to increased wind force or a forward wind direction to simulate the sensation of speed, while a lower frequency (corresponding to deceleration) would correspond to reduced wind force or a rearward wind shift. This mapping follows the same perceptual principle that Zhang already applies to sound and light (i.e., matching the sensory output direction and intensity to the vehicle’s dynamic state) and would have been an obvious design choice to provide consistent multi-sensory feedback.
In regards to claim 14, the combination applied to claim 12 renders obvious the method according to claim 12. Claim 14 further specifies controlling the temperature of the air conditioner based on an energy characteristic of the first simulated sound wave. The energy characteristic (e.g., amplitude or overall loudness) of the first simulated sound wave is inherently correlated with the magnitude of the driving state event. It would have been obvious to one of ordinary skill to map the energy characteristic to temperature control, for example, increasing cabin temperature during aggressive acceleration events (high energy) to simulate engine heat, or decreasing temperature during emergency braking to simulate a cold rush of air. Such mappings are natural extensions of the multi-sensory design philosophy taught by Zhang and would enhance the immersive experience. This constitutes an obvious design choice within the skill of the ordinary artisan.
Claims 15-16 are rejected under 35 U.S.C. § 103 as being unpatentable over Zhang '257 in view of JP 2010105643, and further in view of knowledge well-known in the art.
In regards to claim 15, Zhang discloses the method, including a multi-sensory feedback system in the vehicle cabin. Zhang does not expressly disclose controlling, based on the first simulated sound wave, a seat in the cabin to vibrate; and/or controlling, based on the first simulated sound wave, a steering wheel in the carrier to vibrate.
The Examiner takes Official Notice that it is well known in the automotive art to provide haptic feedback through seat vibration and/or steering wheel vibration in response to driving events such as lane departure, collision warnings, and navigation cues. Haptic-audio coordination is also well established in gaming, simulation, and immersive entertainment systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate seat and/or steering wheel vibration into Zhang multi-sensory presentation system, controlled based on the first simulated sound wave, because Zhang already teaches coordinating multiple sensory channels (sound and light) to present driving state information, and haptic vibration is a recognized additional sensory channel that would further enhance the user’s ability to quickly and intuitively perceive the presented information. The modification would yield predictable results because vehicle seats and steering wheels with vibration actuators are commercially available and electronically controllable.
In regards to claim 16, the combination applied to claim 15 renders obvious the method according to claim 15. Claim 16 further specifies controlling, based on a frequency characteristic of the first simulated sound wave, a frequency at which the seat vibrates. As discussed in the rejections of claims 6-8 above, the first simulated sound wave has frequency characteristics that correspond to the vehicle’s driving state. It would have been obvious to one of ordinary skill in the art to control the vibration frequency of the seat to match or correspond to the frequency characteristic of the first simulated sound wave, because synchronized audio-haptic feedback (where vibration frequency tracks sound frequency) is a well-known technique in the immersive experience field for providing coherent multi-modal sensory output. One of ordinary skill would have been motivated to apply this technique to Zhang system to ensure that the haptic, auditory, and visual feedback channels are perceptually consistent, thereby improving the user’s information reception as Zhang intends.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fujisaki (US Patent 8,340,726) teaches a communication device. Sakoda et al. (US Patent 8,914,236) teach a mobile object, system, and storage medium.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THJUAN KNOWLIN ADDY whose telephone number is (571)272-7486. The examiner can normally be reached 8:30AM - 5:00PM Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at (571) 272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THJUAN K ADDY/Primary Examiner, Art Unit 2693
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