DETAILED ACTION
This final Office action is responsive to Applicant’s amendment filed July 27, 2026. No claims have been amended. Claims 5, 8, 13, and 19 are cancelled. Claims 1-4, 6-7, 9-12, and 14-18 are presented for examination.
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 .
Response to Arguments
Applicant's arguments filed July 27, 2026 have been fully considered but they are not persuasive.
Preliminarily, it is noted that the previously-pending rejection of claim 19 under 35 U.S.C. § 112(a) has been obviated by Applicant’s cancellation of claim 19.
Regarding the rejection under 35 U.S.C. § 101, Applicant argues, “Equally important, the claims do not merely recite the use of decision diagrams in isolation. Rather, the decision-diagram computation is integrated into a specific technological control architecture that receives operational information from passenger devices and commuter vehicles, constructs and updates the computational representation based upon that information, computes revised vehicle assignments under operational constraints, and transmits routing instructions that control the subsequent operation of physical commuter vehicles within the transportation network. The claimed invention therefore integrates the improved computational technique into a practical application directed to controlling a physical transportation system operating in real time.“ (Pages 3-4 of Applicant’s response) The Examiner does not find any details of a specific technological control architecture in the claims. It is not clear to which claim limitations Applicant is referring. Regarding the discussion of the decision diagrams, decision diagrams may be drawn out by hand and the evaluated process is related “generally to system and method for scheduling multi-modal transportation network, and more particularly to system and method for assigning commuter vehicles (CVs) in a multi-modal transportation network having the CVs and fixed schedule vehicles to passengers” (Spec: ¶ 1), which (under its broadest reasonable interpretation) is an example of managing interactions between people (i.e., organizing human activity). Thus, aside from generally applying the additional elements and using the additional elements as mere tools, the steps of constructing and computing decision diagrams (DDs) are part of the abstract ideas.
Applicant further argues, “Accordingly, the focus of the claims is not the abstract concept of optimization, nor organizing human activity, nor performing mental reasoning. The focus of the claims is a specific technological improvement to computerized assignment systems that enables practical, real-time control of physical transportation resources through an improved computational architecture.” (Page 4 of Applicant’s response) The Examiner respectfully disagrees. Within the scope of the claims, routing the commuter vehicles simply transmits assignment information. There is no active control of the vehicles, for example. The route is just a plan for the commuter vehicles. These details are part of the abstract ideas.
On pages 4-5 of the response, Applicant submits, “As explained above, Applicants recognized that conventional optimization techniques repeatedly reconstruct substantially similar optimization problems as new requests arrive and vehicle states evolve, creating a significant computational bottleneck. The claimed invention addresses that technical problem by employing decision diagrams within a specialized computational architecture that reuses computational structure to reduce repeated recomputation and enable real-time routing of commuter vehicles. Accordingly, the focus of the claims is a specific improvement in computerized assignment technology rather than an abstract concept.” It is not clear which claim limitations present “specialized computational architecture.” Paragraph 34 of Applicant’s Specification states, “Furthermore, embodiments of the subject matter disclosed may be implemented, at least in part, either manually or automatically. Manual or automatic implementations may be executed, or at least assisted, through the use of machines, hardware, software, firmware, middleware, microcode, hardware description languages, or any combination thereof. When implemented in software, firmware, middleware or microcode, the program code or code segments to perform the necessary tasks may be stored in a machine readable medium. A processor(s) may perform the necessary tasks.” Applicant’s Specification does not describe the use of specialized computational architecture. The processing components presented in the claims simply utilize the capabilities of a general-purpose computer and are, thus, merely tools to implement the abstract idea(s). As seen in MPEP § 2106.05(a)(I) and § 2106.05(f)(2), the court found that accelerating a process when the increased speed solely comes from the capabilities of a general-purpose computer is not sufficient to show an improvement in computer-functionality and it amounts to a mere invocation of computers or machinery as a tool to perform an existing process (see FairWarning IP, LLC v. Iatric Sys., 839 F.3d 1089, 1095, 120 USPQ2d 1293, 1296 (Fed. Cir. 2016)).
Applicant asserts that a human cannot perform the operations of the claims mentally and/or with pen and paper (page 5 of Applicant’s response). The Examiner respectfully disagrees. Aside from the generally applied additional elements recited at a high level in the claims, a human can communicate with someone with knowledge about the CV to request an operation status update and a human can perform the operations related to formulating and solving an optimization problem, assigning a set of CVs, generating assignment information and sending information to guide routing of the CVs. The claims do not present specific technical details as to how this is performed. The processing components presented in the claims simply utilize the capabilities of a general-purpose computer and are, thus, merely tools to implement the abstract idea(s). As seen in MPEP § 2106.05(a)(I) and § 2106.05(f)(2), the court found that accelerating a process when the increased speed solely comes from the capabilities of a general-purpose computer is not sufficient to show an improvement in computer-functionality and it amounts to a mere invocation of computers or machinery as a tool to perform an existing process (see FairWarning IP, LLC v. Iatric Sys., 839 F.3d 1089, 1095, 120 USPQ2d 1293, 1296 (Fed. Cir. 2016)).
On page 6 of the response, Applicant states, “Although passenger itinerary requests are received as inputs to the system, the focus of the claims is not the human activity of requesting transportation. Rather, the claims are directed to the computer's generation of routing assignments and control instructions using a decision-diagram-based computational framework. Accordingly, the claims are directed to improving computerized control of transportation resources rather than organizing human activity.” The Examiner points out that paragraphs 35-36 of Applicant’s Specification describe the routing of vehicles as scheduling transportation, including modes of transport driven by a user and used to pick up passengers, as seen in the following:
[00035] By way of example, a multi-modal transportation network may include a public transportation sub-network, and a private transportation sub-network for use by private transport, e.g. a road network (a "private transportation sub-network" as referred to herein). These types of network have different properties. Times of entry, exit and travel through a public transportation network are constrained, such that entry, exit and travel through the network may only occur at specific times, i.e. in accordance with a schedule associated with the network. In contrast, such constraints do not exist in relation to a private transportation network, such as a road network, when using private transport. In a private transportation network, a user may choose to enter, exit or travel through the network freely, at a time of their choosing.
[00036] Examples of public transportation include various fixed schedule vehicles, i.e., vehicles with fixed and/or predetermined schedule and cannot be modified to suit the convenience or requirements of the user. Examples of the fixed schedule vehicles include one or combinations of a train, a bus, a boat, and a plane. Examples of private transportation include various flexibly scheduled commuter vehicles such as an autonomous vehicle, a semi-autonomous vehicle, and a vehicle operated by a driver. Flexibly scheduled commuter vehicles allow for their route times to be specified in accordance with the needs of the passengers.
By routing scheduled vehicles driven by humans and used to pick up passengers, it is implied that humans are scheduled and given instructions in accordance with the scheduling and routing (i.e., organizing human activity).
On page 6 of the response, Applicant argues that “[t]he decision diagrams are therefore not claimed as mathematical constructs in isolation. Rather, they function as specialized computational data structures within an integrated vehicle-control architecture that improves the manner in which computers repeatedly solve evolving assignment problems.” (Page 6 of Applicant’s response) It is not clear which aspects of the claims are asserted to present “specialized computational data structures.” The processing components presented in the claims simply utilize the capabilities of a general-purpose computer and are, thus, merely tools to implement the abstract idea(s). As seen in MPEP § 2106.05(a)(I) and § 2106.05(f)(2), the court found that accelerating a process when the increased speed solely comes from the capabilities of a general-purpose computer is not sufficient to show an improvement in computer-functionality and it amounts to a mere invocation of computers or machinery as a tool to perform an existing process (see FairWarning IP, LLC v. Iatric Sys., 839 F.3d 1089, 1095, 120 USPQ2d 1293, 1296 (Fed. Cir. 2016)).
Applicant states, “The asserted improvement therefore resides not in the processor hardware itself, but in the manner in which the processor is configured to perform the assignment computation… Moreover, the Office Action does not identify evidence establishing that this claimed computational architecture, considered as an ordered combination, was well-understood, routine, or conventional…Applicants also note that the rejection under 35 U.S.C. § 103 has been withdrawn. Although patent eligibility and obviousness are distinct legal inquiries, the withdrawal of the obviousness rejection confirms that the cited prior art does not teach or suggest the claimed decision-diagram-based assignment architecture. The Office Action therefore cannot simply characterize that same architecture as routine or conventional without evidentiary support.” (Pages 6-7 of Applicant’s response) Again, there is no specific computational architecture presented in the claims. Again, the processing components presented in the claims simply utilize the capabilities of a general-purpose computer and are, thus, merely tools to implement the abstract idea(s). As seen in MPEP § 2106.05(a)(I) and § 2106.05(f)(2), the court found that accelerating a process when the increased speed solely comes from the capabilities of a general-purpose computer is not sufficient to show an improvement in computer-functionality and it amounts to a mere invocation of computers or machinery as a tool to perform an existing process (see FairWarning IP, LLC v. Iatric Sys., 839 F.3d 1089, 1095, 120 USPQ2d 1293, 1296 (Fed. Cir. 2016)).
On page 7 of the response, Applicant challenges the characterization of the claimed communications as insignificant pre-solution or post-solution activity (page 7 of Applicant’s response). The Examiner cannot find such a characterization in the rejection.
Applicant asserts that “[v]iewed as an ordered combination, the pending claims recite a specific computer architecture that addresses the technical problem of repeated real-time assignment computation through the use of decision diagrams integrated into a continuously updated vehicle-control framework.” (Page 7 of Applicant’s response) Again, there is no specific computer architecture presented in the claims. Instead, the processing components presented in the claims simply utilize the capabilities of a general-purpose computer and are, thus, merely tools to implement the abstract idea(s). As seen in MPEP § 2106.05(a)(I) and § 2106.05(f)(2), the court found that accelerating a process when the increased speed solely comes from the capabilities of a general-purpose computer is not sufficient to show an improvement in computer-functionality and it amounts to a mere invocation of computers or machinery as a tool to perform an existing process (see FairWarning IP, LLC v. Iatric Sys., 839 F.3d 1089, 1095, 120 USPQ2d 1293, 1296 (Fed. Cir. 2016)).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-4, 6-7, 9-12, and 14-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 1-4, 6-7, 9-12, and 14-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claimed invention is directed “generally to system and method for scheduling multi-modal transportation network, and more particularly to system and method for assigning commuter vehicles (CVs) in a multi-modal transportation network having the CVs and fixed schedule vehicles to passengers” (Spec: ¶ 1) without significantly more.
Step
Analysis
1: Statutory Category?
Yes – The claims fall within at least one of the four categories of patent eligible subject matter. Apparatus (claims 1-4, 6-7, 9-12, and 14-18)
Independent claims:
Step
Analysis
2A – Prong 1: Judicial Exception Recited?
Yes – Aside from the additional elements identified in Step 2A – Prong 2 below, the claims recite:
[Claim 1] A system for routing commuter vehicles (CVs) that take passengers from intermediate locations to target locations in a multi modal transportation network represented by routes of the CVs and fixed schedule vehicle, comprising:
receive data of itinerary requests from the passengers, wherein the data of the itinerary requests include initial locations, the target locations, departure times from the initial locations, and arrival time windows including deadlines at the target locations; and
monitor operation status of each of the CVs, wherein the operation status includes locations of the CVs and a number of available seats in each of the CVs;
formulating an optimization problem based on the data of the itinerary requests so as to determine groups of passengers based on identical target locations of the passengers and to determine start times on the fixed schedule vehicles and start times of the CVs from the intermediate locations for the passengers; constructs and computes decision diagrams (DDs) for each of the target locations of the passengers to determine the groups of passengers, wherein each of the DDs is constructed based on a number of the passengers traveling to a common target location, the arrival time windows of the passengers and a seat capacity of each of the CVs, wherein the optimization problem is formulated to minimize a linear combination of a sum of total travel times of all the passengers and a number of groups of the passengers
solving the optimization problem subject to the DDs to generate a set of solutions for a set of weighting factors, and combinations of total travel times of the passengers and the number of groups of the passengers, wherein the set of solutions defines the groups of passengers and the start times on the fixed schedule vehicles and the start times of CVs from the intermediate location for the passengers;
assigning a set of CVs from the CVs to the groups and routes for the CVs based on the monitored operation status of each of the CVs;
generating assignment information of the assigned set of CVs based on a solution of the generated set of solutions, wherein the assignment information includes the assigned set of CVs to the groups, the routes assigned to the set of CVs, the start times of the assigned set of CVs from the intermediate locations; and
routing the CVs according to the assignment information.
Aside from the additional elements, the aforementioned claim details exemplify the abstract idea(s) of a mental process (since the details include concepts performed in the human mind, including an observation, evaluation, judgment, and/or opinion). As explained in MPEP § 2106(a)(2)(C)(III), “The courts consider a mental process (thinking) that ‘can be performed in the human mind, or by a human using a pen and paper’ to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit explained, ‘methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’’ 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)).” The limitations reproduced above, as drafted, are a process that, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting the additional elements identified in Step 2A – Prong 2 below, nothing in the claim elements precludes the steps from practically being performed in the mind and/or by a human using a pen and paper. For example, but for the recitations of generic computer and other processing components (identified in Step 2A – Prong 2 below), the respectively recited steps/functions of the claims, as drafted and set forth above, are a process that, under its broadest reasonable interpretation, covers performance of the limitations in the mind and/or with the use of pen and paper. A human user can perform the aforementioned data gathering, analyses, and transmission of information (mentally and/or with pen and paper). If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind (and/or with pen and paper) but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
Aside from the additional elements, the aforementioned claim details exemplify a method of organizing human activity (since the details include examples of commercial or legal interactions, including advertising, marketing or sales activities or behaviors, and/or business relations and managing personal behavior or relationships or interactions between people, including social activities, teaching, and following rules or instructions). More specifically, the evaluated process is related “generally to system and method for scheduling multi-modal transportation network, and more particularly to system and method for assigning commuter vehicles (CVs) in a multi-modal transportation network having the CVs and fixed schedule vehicles to passengers” (Spec: ¶ 1), which (under its broadest reasonable interpretation) is an example of managing interactions between people (i.e., organizing human activity); therefore, aside from the recitations of generic computer and other processing components (identified in Step 2A – Prong 2 below), the limitations identified in the more detailed claim listing above encompass the abstract idea of organizing human activity.
Various calculating steps are recited throughout the claims (such as solving the optimization problem) and these are examples of mathematical concepts.
2A – Prong 2: Integrated into a Practical Application?
No – The judicial exception(s) is/are not integrated into a practical application.
[Claim 1] A system comprising:
an interface configured to:
receive data of itinerary requests from input devices of the passengers via a wireless network or a wire network, and
communicate with the CVs to monitor operation status of each of the CVs;
a memory to store the received data of the itinerary requests and computer executable programs including a grouping program, a route-search program, an operation route map program of the CVs, and a commuter assigning program; and
a processor configured to perform the computer executable programs in connection with the memory, wherein the grouping program performs certain operations of the claim;
assigning a set of CVs from the CVs to the groups and routes for the CVs by performing the commuter assigning program;
routing the CVs according to the assignment information by transmitting the assignment information to the assigned set of CVs via the interface.
The claims as a whole merely describe how to generally “apply” the abstract idea(s) in a computer environment. The claimed processing elements are recited at a high level of generality and are merely invoked as a tool to perform the abstract idea(s). Simply implementing the abstract idea(s) on a general-purpose processor is not a practical application of the abstract idea(s); Applicant’s specification discloses that the invention may be implemented using general-purpose processing elements and other generic components (Spec: ¶¶ 34, 45, 54). For example, ¶ 34 states, “Furthermore, embodiments of the subject matter disclosed may be implemented, at least in part, either manually or automatically. Manual or automatic implementations may be executed, or at least assisted, through the use of machines, hardware, software, firmware, middleware, microcode, hardware description languages, or any combination thereof. When implemented in software, firmware, middleware or microcode, the program code or code segments to perform the necessary tasks may be stored in a machine readable medium. A processor(s) may perform the necessary tasks.”
The use of a processor/processing elements (e.g., as recited in all of the claims) facilitates generic processor operations. The use of a memory or machine-readable media with executable instructions facilitates generic processor operations.
The additional elements are recited at a high-level of generality (i.e., as generic processing elements performing generic computer functions) such that the incorporation of the additional processing elements amounts to no more than mere instructions to apply the judicial exception(s) using generic computer components. There is no indication in the Specification that the steps/functions of the claims require any inventive programming or necessitate any specialized or other inventive computer components (i.e., the steps/functions of the claims may be implemented using capabilities of general-purpose computer components). Accordingly, the additional elements do not integrate the abstract ideas into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea(s).
The processing components presented in the claims simply utilize the capabilities of a general-purpose computer and are, thus, merely tools to implement the abstract idea(s). As seen in MPEP § 2106.05(a)(I) and § 2106.05(f)(2), the court found that accelerating a process when the increased speed solely comes from the capabilities of a general-purpose computer is not sufficient to show an improvement in computer-functionality and it amounts to a mere invocation of computers or machinery as a tool to perform an existing process (see FairWarning IP, LLC v. Iatric Sys., 839 F.3d 1089, 1095, 120 USPQ2d 1293, 1296 (Fed. Cir. 2016)).
There is no transformation or reduction of a particular article to a different state or thing recited in the claims.
Additionally, even when considering the operations of the additional elements as an ordered combination, the ordered combination does not amount to significantly more than what is present in the claims when each operation is considered separately.
2B: Claim(s) Provide(s) an Inventive Concept?
No – The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception(s). As discussed above with respect to integration of the abstract idea(s) into a practical application, the use of the additional elements to perform the steps identified in Step 2A – Prong 1 above amounts to no more than mere instructions to apply the exceptions using a generic computer component(s). Mere instructions to apply an exception using a generic computer component(s) cannot provide an inventive concept. The claims are not patent eligible.
Dependent claims:
Step
Analysis
2A – Prong 1: Judicial Exception Recited?
Yes – Aside from the additional elements identified in Step 2A – Prong 2 below, the claims recite:
[Claim 2] wherein the optimization problem is formulated to minimize a linear combination of a sum of the total travel times of all the passengers and the number of the groups, wherein the combination is performed using a weighting factor.
[Claim 3] wherein the optimization problem includes constraints to ensure that passengers reach destination within the arrival time windows of the passengers and ensure that a number of passengers in each of the groups is smaller than the number of available seats in the CVs, wherein the route-search and operation route map programs provide respective travel times for the CVs, wherein the constraints ensure that a number of CVs operating simultaneously is smaller than a total number of available CVs.
[Claim 4] wherein the groups are assigned the routes and the intermediate locations, wherein the routes respectively reach the target locations of the groups from the intermediate locations, wherein the groups are assigned the start times at the intermediate locations to allow the passengers of the groups to switch from the fixed schedule vehicles to the CVs at the intermediate locations and reach the target locations within the arrival time windows.
[Claim 6] sorts the passengers in ascending order of deadlines in the arrival time windows.
[Claim 7] wherein when an itinerary request of a passenger includes a preferred option that indicates a minimum total cost to be paid by the passenger, the passenger is assigned to a group that satisfies another constrain for minimizing a sum of costs of a scheduled vehicle and an assigned CV.
[Claim 9] stores fares and time tables of the fixed schedule vehicles that stop at the intermediate locations.
[Claim 10] transmitting an itinerary to each of the passengers with a departure time of a fixed schedule vehicle accessible from an initial location, one of the intermediate locations and one of the assigned CVs so that each of the passengers reaches a corresponding intermediate location prior to a start time of the one of the assigned CVs.
[Claim 11] wherein the optimization problem is formulated to minimize a linear combination of the total travel times and an energy to be consumed by the CVs, a total fare to be paid by each of the passengers, a linear combination of a total travel time and the total fare or a linear combination of the total travel time and an energy to be consumed by the fixed schedule vehicles.
[Claim 12] wherein the itinerary includes a total fare to be paid by each of the passengers, and wherein the optimization problem is solved to satisfy the total fare as one of constraints.
[Claim 14] receives information on traffic conditions including traffic jams, traffic accidents and constructions and searches the routes of the groups so as to avoid the traffic jams.
[Claim 15] solves the optimization problem based on one of constraints of the total travel times of the passengers, an energy used by the assigned CVs in transporting the passengers and a linear combination of the total travel times and the energy used in transporting the passengers.
[Claim 16] wherein the passengers assigned to an identical group share an identical CV.
[Claim 17] wherein each of the passengers has a total travel time.
[Claim 18] transmit each passenger information as to how much a fare of a fixed scheduled vehicle is reduced if a passenger chooses an environment-friendly travel schedule.
The dependent claims further present details of the abstract ideas identified in regard to the independent claims.
Aside from the additional elements, the aforementioned claim details exemplify the abstract idea(s) of a mental process (since the details include concepts performed in the human mind, including an observation, evaluation, judgment, and/or opinion). As explained in MPEP § 2106(a)(2)(C)(III), “The courts consider a mental process (thinking) that ‘can be performed in the human mind, or by a human using a pen and paper’ to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit explained, ‘methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’’ 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)).” The limitations reproduced above, as drafted, are a process that, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting the additional elements identified in Step 2A – Prong 2 below, nothing in the claim elements precludes the steps from practically being performed in the mind and/or by a human using a pen and paper. For example, but for the recitations of generic computer and other processing components (identified in Step 2A – Prong 2 below), the respectively recited steps/functions of the claims, as drafted and set forth above, are a process that, under its broadest reasonable interpretation, covers performance of the limitations in the mind and/or with the use of pen and paper. A human user can perform the aforementioned data gathering, analyses, and transmission of information (mentally and/or with pen and paper). If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind (and/or with pen and paper) but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
Aside from the additional elements, the aforementioned claim details exemplify a method of organizing human activity (since the details include examples of commercial or legal interactions, including advertising, marketing or sales activities or behaviors, and/or business relations and managing personal behavior or relationships or interactions between people, including social activities, teaching, and following rules or instructions). More specifically, the evaluated process is related “generally to system and method for scheduling multi-modal transportation network, and more particularly to system and method for assigning commuter vehicles (CVs) in a multi-modal transportation network having the CVs and fixed schedule vehicles to passengers” (Spec: ¶ 1), which (under its broadest reasonable interpretation) is an example of managing interactions between people (i.e., organizing human activity); therefore, aside from the recitations of generic computer and other processing components (identified in Step 2A – Prong 2 below), the limitations identified in the more detailed claim listing above encompass the abstract idea of organizing human activity.
Various calculating steps are recited throughout the claims (such as solving the optimization problem) and these are examples of mathematical concepts.
2A – Prong 2: Integrated into a Practical Application?
No – The judicial exception(s) is/are not integrated into a practical application.
The dependent claims include the additional elements of their independent claims.
[Claim 1] A system comprising:
an interface configured to:
receive data of itinerary requests from input devices of the passengers via a wireless network or a wire network, and
communicate with the CVs to monitor operation status of each of the CVs;
a memory to store the received data of the itinerary requests and computer executable programs including a grouping program, a route-search program, an operation route map program of the CVs, and a commuter assigning program; and
a processor configured to perform the computer executable programs in connection with the memory, wherein the grouping program performs certain operations of the claim;
assigning a set of CVs from the CVs to the groups and routes for the CVs by performing the commuter assigning program;
routing the CVs according to the assignment information by transmitting the assignment information to the assigned set of CVs via the interface.
[Claim 3] Claim 3 refers to a total number of available CVs stored in the memory.
[Claim 4] Claim 4 recites wherein the groups are assigned the routes and the intermediate locations by performing the route-search program using the operation route map program of the CVs.
[Claim 6] Claim 6 recites wherein the grouping program sorts the passengers in ascending order of deadlines in the arrival time windows.
[Claim 9] Claim 9 recites wherein the memory stores fares and time tables of the fixed schedule vehicles that stop at the intermediate locations.
[Claim 10] Claim 10 recites transmitting, via the interface, an itinerary to each of the passengers.
[Claim 14] Claim 14 recites wherein the interface receives information on traffic conditions on the operation route map program via the network and the route-search program searches the routes of the groups.
[Claim 15] Claim 15 recites wherein the commuter assigning program solves the optimization problem.
[Claim 18] Claim 18 recites wherein the interface is further configured to transmit each passenger information.
The claims as a whole merely describe how to generally “apply” the abstract idea(s) in a computer environment. The claimed processing elements are recited at a high level of generality and are merely invoked as a tool to perform the abstract idea(s). Simply implementing the abstract idea(s) on a general-purpose processor is not a practical application of the abstract idea(s); Applicant’s specification discloses that the invention may be implemented using general-purpose processing elements and other generic components (Spec: ¶¶ 34, 45, 54). For example, ¶ 34 states, “Furthermore, embodiments of the subject matter disclosed may be implemented, at least in part, either manually or automatically. Manual or automatic implementations may be executed, or at least assisted, through the use of machines, hardware, software, firmware, middleware, microcode, hardware description languages, or any combination thereof. When implemented in software, firmware, middleware or microcode, the program code or code segments to perform the necessary tasks may be stored in a machine readable medium. A processor(s) may perform the necessary tasks.”
The use of a processor/processing elements (e.g., as recited in all of the claims) facilitates generic processor operations. The use of a memory or machine-readable media with executable instructions facilitates generic processor operations.
The additional elements are recited at a high-level of generality (i.e., as generic processing elements performing generic computer functions) such that the incorporation of the additional processing elements amounts to no more than mere instructions to apply the judicial exception(s) using generic computer components. There is no indication in the Specification that the steps/functions of the claims require any inventive programming or necessitate any specialized or other inventive computer components (i.e., the steps/functions of the claims may be implemented using capabilities of general-purpose computer components). Accordingly, the additional elements do not integrate the abstract ideas into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea(s).
The processing components presented in the claims simply utilize the capabilities of a general-purpose computer and are, thus, merely tools to implement the abstract idea(s). As seen in MPEP § 2106.05(a)(I) and § 2106.05(f)(2), the court found that accelerating a process when the increased speed solely comes from the capabilities of a general-purpose computer is not sufficient to show an improvement in computer-functionality and it amounts to a mere invocation of computers or machinery as a tool to perform an existing process (see FairWarning IP, LLC v. Iatric Sys., 839 F.3d 1089, 1095, 120 USPQ2d 1293, 1296 (Fed. Cir. 2016)).
There is no transformation or reduction of a particular article to a different state or thing recited in the claims.
Additionally, even when considering the operations of the additional elements as an ordered combination, the ordered combination does not amount to significantly more than what is present in the claims when each operation is considered separately.
2B: Claim(s) Provide(s) an Inventive Concept?
No – The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception(s). As discussed above with respect to integration of the abstract idea(s) into a practical application, the use of the additional elements to perform the steps identified in Step 2A – Prong 1 above amounts to no more than mere instructions to apply the exceptions using a generic computer component(s). Mere instructions to apply an exception using a generic computer component(s) cannot provide an inventive concept. The claims are not patent eligible.
Allowable Subject Matter
Claims 1-4, 6-7, 9-12, and 14-18 are allowed over the prior art of record. The claims remain rejected under 35 U.S.C. § 101.
The following is a statement of reasons for the indication of allowable subject matter:
Fowler (US 2015/0206437) in view of König et al. (US 2016/0202079) in view of Liu et al. (US 2016/0320195) in view of Bai et al. (CN 205788751 U, referencing the English translation) most closely address the various concepts recited in each of the independent claims, as seen in the last art rejection of claims 1 and 5 in particular in the Office action dated July 11, 2022. However, the Examiner finds that one of ordinary skill in the art prior to Applicant’s invention would not have, in light of the teachings of the aforementioned references, found it obvious to create the claimed invention with the level of detail and specific manner of integration of operations as they are presented in independent claim 1. Therefore, claims 1-4, 6-7, 9-12, and 14-18 are deemed to be allowable over the prior art of record.
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 SUSANNA M DIAZ whose telephone number is (571)272-6733. The examiner can normally be reached M-F, 8 am-4:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Epstein can be reached at (571) 270-5389. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUSANNA M. DIAZ/
Primary Examiner
Art Unit 3625A
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