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 .
Status of Claims
This action is a NonFinal Action on the merits in response to the communications filed on 08/25/2025.
Applicant has amended claims 1, 3 – 4, 8 – 9, and 15.
Claims 1 – 20 are pending in this application.
Response to Remarks
Examiner’s Response to the Remarks.
Rejections of Claims Under 35 U.S.C. § 101.
Rejections of Claims Under 35 U.S.C. § 103.
Examiner’s Response to Rejections of Claims Under 35 U.S.C. § 101.
Applicant argues similar to the patent eligible claims in Ex Parte Hannun, the currently amended independent claims recite improvements to a technical field and improvements to the functioning of a computer by way of a "'specifically made model."
Examiner respectfully disagrees. Although Applicant’s claim 1 is directed to a statutory category, there is no improvement to computer functionality nor are the instant claims in line with Ex Parte Hannun. Claim 1 recites an abstract idea, certain methods of organizing human activity. The claim particularly recites managing interactions between a human and a computer; claims 8 and 15 are substantially similar to claim 1 and recite the same abstract idea. Claim 1 is not integrated into a practical application even with the recited additional elements of a requestor device, a requestor application, utilizing real-time GPS signals of the requestor device, provider device(s), vehicles, dynamic GPS locations, a computational model, ghost match, at least one processor, at least one non-transitory computer-readable storage medium, a computing device, a system, a selectable element option in the graphical user interface, and iteratively comparing real-time GPS location, as these recited additional elements are merely generic computer components performing generic computer functions, and the recited additional elements do not amount to significantly more than the judicial exception. The claims as a whole do not integrate the judicial exception into a practical application that impose meaningful limits on the judicial exception. Applicant’s claims merely resolve a business problem directed towards ETAs for priority transportation of a ride requestor. Applicant recites utilizing a computational model, and utilizing real-time GPS data and GPS signals of the requestor device, however the computational model is recited at a high level of generality and is merely running a model for optimization purposes (Applicant’s Spec. 0070) in its ordinary capacity; and utilizing GPS data and signals is merely receiving or transmitting data over a network in its ordinary capacity. There is not an improvement in the functioning of a computer, nor is there an improvement to other technology or technical field. Applicant’s dependent claims 2 – 7, 9 – 14, and 16 – 20, when analyzed both individually and in combination are also held to be ineligible for the same reason above and the additional recited limitations fail to establish that the claims are not directed to an abstract idea. The additional limitations of the dependent claims when considered individually and as an ordered combination do not amount to significantly more than the abstract idea.
Applicant’s claims are not similar to the patent eligible claims in Ex Parte Hannun. In Ex Parte Hannun, the patent eligible claims recite steps of implementation and are an improvement to the technological field of automatic speech recognition. Applicant’s claims are recited at a high level of generality and merely utilizes a computational model, and GPS data and signals in its ordinary capacity for economic such as cost for prioritized transportation. Accordingly, claims 1 – 20, are rejected under 35 U.S.C. § 101.
Examiner’s Response to Rejections of Claims Under 35 U.S.C. § 103.
Applicant’s arguments are persuasive as the Examiner’s art does not teach a ghost match comprising the provider device to surface via a graphical user interface of the requestor device as a prioritized transportation option for the prioritized transport of the requestor based on an estimated time to arrival (ETA) at the pickup location of a transportation vehicle associated with the provider device and based on real-time GPS data of the candidate provider devices and the real-time GPS signals of the requestor device. Examiner has removed rejection under 35 U.S.C. § 103.
Claim Rejections: 35 U.S.C. § 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.
Applicant’s claims 1 – 20, are rejected under 35 U.S.C. § 101 because the claimed invention is directed to judicial exception (i.e., an abstract idea) without reciting significantly more.
Claims 1, 8, and 15 recite:
A method comprising: in response to a requestor device for a requestor launching a requestor application for transportation matching, identifying, utilizing real-time GPS signals of the requestor device, a pickup location associated with the requestor device for the requestor;
generating a pool of provider devices by adding unassigned provider devices waiting for requestor transportation assignments and adding assigned provider devices en route to pickup locations of assigned requestor devices, wherein the unassigned provider devices and the assigned provider devices are associated with vehicles comprising dynamic GPS locations;
prior to matching a provider device with the requestor device, determining, utilizing a computational model that samples from the generated pool of provider devices comprising the assigned provider devices and the unassigned provider devices and utilizing real-time GPS locations of the generated pool of the assigned provider devices and the unassigned provider devices, candidate provider devices associated with candidate transportation vehicles for prioritized transport of the requestor;
selecting utilizing the computational model, from the candidate provider devices comprising the assigned provider devices and the unassigned provider devices, a ghost match comprising the provider device to surface via a graphical user interface of the requestor device as a prioritized transportation option for the prioritized transport of the requestor based on an estimated time to arrival (ETA) at the pickup location of a transportation vehicle associated with the provider device and based on real-time GPS data of the candidate provider devices and the real-time GPS signals of the requestor device;
based on selecting the ghost match comprising the provider device for the prioritized transport of the requestor by utilizing the computational model and prior to matching the provider device with the requestor device, providing, for display on the graphical user interface of the requestor device, a selectable element option in the graphical user interface for prioritized transport of the requestor by the transportation vehicle associated with the provider device, wherein the selectable element option for the prioritized transport of the requestor indicates the ghost match as a matching option for the requestor device that includes a faster pickup that reduces a waiting time prior to pick up, relative to a standard transportation option or a shared transportation option, and the matching option is selected using the computational model, and the matching option indicates a price differential relative to the standard transportation option or the shared transportation option;
in response to receiving a selection of the selectable element option for prioritized transport in the graphical user interface via the requestor of the requestor device, updating the graphical user interface to visually indicate a selection of the prioritized transport and matching the provider device associated with the prioritized transport with the requestor device;
and based on receiving the selection of the selectable element option for prioritized transport, iteratively comparing real-time GPS locations of the candidate provider devices with the provider device and updating parameters of the computational model, wherein the parameters indicate a dynamic conversion metric of prioritized transportation of requestor devices and influences whether additional requests for transportation from additional requestor devices are provided an option of prioritized transport;
and based on updating the parameters of the computational model and in response to an additional requestor device for an additional requestor launching an additional requestor application for transportation matching, excluding from providing, for display on a graphical user interface of the additional requestor device, the prioritized transportation option for the prioritized transport of the additional requestor.
The limitations of claim 1, under its broadest reasonable interpretation recite certain methods of organizing human activity. The claim particularly recites managing interactions where there are management of interactions between a human and a computer, as we have in response to a requestor device for a requestor launching a requestor application for transportation matching, identifying, utilizing real-time GPS signals of the requestor device, a pickup location associated with the requestor device for the requestor; generating a pool of provider devices by adding unassigned provider devices waiting for requestor transportation assignments and adding assigned provider devices en route to pickup locations of assigned requestor devices, wherein the unassigned provider devices and the assigned provider devices are associated with vehicles comprising dynamic GPS locations; prior to matching a provider device with the requestor device, determining, utilizing a computational model that samples from the generated pool of provider devices comprising the assigned provider devices and the unassigned provider devices and utilizing real-time GPS locations of the generated pool of the assigned provider devices and the unassigned provider devices, candidate provider devices associated with candidate transportation vehicles for prioritized transport of the requestor; selecting utilizing the computational model, from the candidate provider devices comprising the assigned provider devices and the unassigned provider devices, a ghost match comprising the provider device to surface via a graphical user interface of the requestor device as a prioritized transportation option for the prioritized transport of the requestor based on an estimated time to arrival (ETA) at the pickup location of a transportation vehicle associated with the provider device and based on real-time GPS data of the candidate provider devices and the real-time GPS signals of the requestor device; based on selecting the ghost match comprising the provider device for the prioritized transport of the requestor by utilizing the computational model and prior to matching the provider device with the requestor device, providing, for display on the graphical user interface of the requestor device, a selectable element option in the graphical user interface for prioritized transport of the requestor by the transportation vehicle associated with the provider device, wherein the selectable element option for the prioritized transport of the requestor indicates the ghost match as a matching option for the requestor device that includes a faster pickup that reduces a waiting time prior to pick up, relative to a standard transportation option or a shared transportation option, and the matching option is selected using the computational model, and the matching option indicates a price differential relative to the standard transportation option or the shared transportation option; in response to receiving a selection of the selectable element option for prioritized transport in the graphical user interface via the requestor of the requestor device, updating the graphical user interface to visually indicate a selection of the prioritized transport and matching the provider device associated with the prioritized transport with the requestor device; and based on receiving the selection of the selectable element option for prioritized transport, iteratively comparing real-time GPS locations of the candidate provider devices with the provider device and updating parameters of the computational model, wherein the parameters indicate a dynamic conversion metric of prioritized transportation of requestor devices and influences whether additional requests for transportation from additional requestor devices are provided an option of prioritized transport; and based on updating the parameters of the computational model and in response to an additional requestor device for an additional requestor launching an additional requestor application for transportation matching, excluding from providing, for display on a graphical user interface of the additional requestor device, the prioritized transportation option for the prioritized transport of the additional requestor. Certain methods of organizing human activity are particularly recited as commercial interactions in the form of business relations where there a standard costs and premium costs for prioritized transportation of the requestor. Accordingly, claim 1 recites certain methods of organizing human activity.
The limitations of claim 1 under its broadest reasonable interpretation recites mathematical concepts. For example, claim 1 recites prior to matching a provider device with the requestor device, determining, utilizing a computational model that samples from the generated pool of provider devices comprising the assigned provider devices and the unassigned provider devices and utilizing real-time GPS locations of the generated pool of the assigned provider devices and the unassigned provider devices, candidate provider devices associated with candidate transportation vehicles for prioritized transport of the requestor; selecting utilizing the computational model, from the candidate provider devices comprising the assigned provider devices and the unassigned provider devices, a ghost match comprising the provider device to surface via a graphical user interface of the requestor device as a prioritized transportation option for the prioritized transport of the requestor based on an estimated time to arrival (ETA) at the pickup location of a transportation vehicle associated with the provider device and based on real-time GPS data of the candidate provider devices and the real-time GPS signals of the requestor device; based on selecting the ghost match comprising the provider device for the prioritized transport of the requestor by utilizing the computational model and prior to matching the provider device with the requestor device, providing, for display on the graphical user interface of the requestor device, a selectable element option in the graphical user interface for prioritized transport of the requestor by the transportation vehicle associated with the provider device, wherein the selectable element option for the prioritized transport of the requestor indicates the ghost match as a matching option for the requestor device that includes a faster pickup that reduces a waiting time prior to pick up, relative to a standard transportation option or a shared transportation option, and the matching option is selected using the computational model, and the matching option indicates a price differential relative to the standard transportation option or the shared transportation option; and based on receiving the selection of the selectable element option for prioritized transport, iteratively comparing real-time GPS locations of the candidate provider devices with the provider device and updating parameters of the computational model, wherein the parameters indicate a dynamic conversion metric of prioritized transportation of requestor devices and influences whether additional requests for transportation from additional requestor devices are provided an option of prioritized transport; and based on updating the parameters of the computational model and in response to an additional requestor device for an additional requestor launching an additional requestor application for transportation matching, excluding from providing, for display on a graphical user interface of the additional requestor device, the prioritized transportation option for the prioritized transport of the additional requestor; where the claim limitations recite mathematical calculations and mathematical relationships performing mathematical operations such as an act of computing or calculating using mathematical methods to determine a recommendation of a variable and mathematical relationships of variables that represent some modeled characteristic. Accordingly, claim 1 recites mathematical concepts.
Claims 8 and 15 are substantially similar to claim 1 and recite the same abstract ideas identified above.
The dependent claims encompass the same abstract ideas as well. For instance, claim 2 is directed towards observing the selectable element option for prioritized transportation a provider indicator or a graphical representation, claim 3 is directed towards evaluating wherein selecting the ghost match comprising the provider device further comprises: iteratively searching from the generated pool of provider devices comprising the assigned provider devices and the unassigned provider devices to determine closer provider devices from the generated pool relative to the provider device associated with the prioritized transport; and based on the iterative search, further providing, for display in the graphical user interface via the requestor of the requestor device, an additional notification indicating that the provider device is still en route to the pickup location associated with the requestor device; claims 4 and 13 are directed towards observing selection of the wherein selecting the ghost match comprising provider device for the prioritized transport further comprises: iteratively searching from the generated pool of provider devices comprising the assigned provider devices and the unassigned provider devices to determine closer provider devices from the generated pool relative to the provider device associated with the prioritized transport; and based on the iterative search, further providing, for display in the graphical user interface via the requestor of the requestor device, an additional notification indicating an additional provider device is en route to the pickup location associated with the requestor device instead of the provider device, wherein the iterative search indicates that the additional provider device has an ETA closer than the ETA of the provider device at the pickup location; claims 5, 14, and 20 are directed towards observing the provider device is assigned to pick up an initial requestor at an initial pickup location, and receiving an indication of a selection of the selectable element option for prioritized transportation from the requestor device, and modifying utilizing the computational model a transportation assignment for the provider device to pick up the requestor; claims 6 and 19 are directed towards evaluating the provider device for the prioritized transport of the requestor is not assigned to a particular requestor and evaluating the ETA at the pickup location of the transportation vehicle associated with the provider device is both later than an alternative ETA at an alternative pickup location of the transportation vehicle for an alternative requestor and earlier than other ETAs at the pickup location of other candidate transportation vehicles associated with other candidate provider devices, and based on determining that the ETA at the pickup location of the transportation vehicle is earlier than the other ETAs at the pickup location of the other candidate transportation vehicles selecting the provider device for the prioritized transport of the requestor; claims 7 and 18 are directed towards observing an indication of a selection of the selectable element option for prioritized transportation from the requestor device, identifying an unassigned provider device corresponding to an unassigned transportation vehicle having an earlier ETA at the pickup location than the ETA at the pickup location of the transportation vehicle associated with the provider device initially selected for the prioritized transport of the requestor, and based on identifying the unassigned provider device corresponding to an unassigned transportation vehicle having an earlier ETA sending a matched transportation assignment to the unassigned provider device for the unassigned transportation vehicle to pick up the requestor at the pickup location and sending a notification to the provider device initially selected for the prioritized transport of the requestor to not pick up the requestor; claim 9 is directed towards observing the selectable element option for prioritized transportation within the GUI comprising at least one of: a provider indicator for a provider associated with the provider device and a graphical representation of a mapped route for the transportation vehicle to travel to the pickup location, an ETA differential that indicates a difference between an initial ETA at the pickup location of an initial transportation vehicle according to a standard transportation option and the ETA at the pickup location of the transportation vehicle according to the selectable element option for prioritized transportation, or the price differential that indicates a difference between a standard cost for the standard transportation option and a premium cost for the selectable element option for prioritized transportation; claims 10 and 16 are directed towards evaluating the provider device is assigned to pick up an initial requestor at an initial pickup location; after selecting the provider device for the prioritized transport of the requestor, generate one or more matching scores for the initial requestor based on a prioritization factor that increases a priority of matching the initial requestor relative to other requestors, and select an alternative provider device for transport of the initial requestor at the initial pickup location based on the one or more matching scores; claim 11 is directed towards evaluating an alternative provider device associated with an alternative transportation vehicle for the prioritized transport of the requestor rather than the provider device initially selected for the prioritized transport of the requestor, generate one or more matching scores for the provider device initially selected for the prioritized transport of the requestor based on a prioritization factor that increases a priority of matching the provider device relative to other provider devices and select the provider device for transport of another requestor based on one or more matching scores; claim 12 is directed towards evaluating an alternative provider device associated with an alternative transportation vehicle for the prioritized transport of the requestor rather than the provider device initially selected for the prioritized transport of the requestor, based on the alternative transportation vehicle having an earlier ETA at the pickup location, and determine a time or distance traveled toward the pickup location by the transportation vehicle associated with the provider device initially selected for the prioritized transport of the requestor, and providing to the provider device initially selected for the prioritized transport of the requestor, a compensation value based on the determined time or the determined distance; and claim 17 is directed towards evaluating the candidate provider devices associated with the candidate transportation vehicles are unavailable for the prioritized transport of the requestor and remove, for display on the GUI of the requestor device, the selectable element option for prioritized transportation based on determining the candidate provider devices are unavailable for the prioritized transport of the requestor. Thus, the dependent claims further limit the abstract ideas.
These judicial exceptions are not integrated into a practical application. The additional elements of a requestor device, a requestor application, utilizing real-time GPS signals of the requestor device, provider device(s), vehicles, at least one processor, at least one non-transitory computer-readable storage medium, a computing device, a system, dynamic GPS locations, a computational model, ghost match, a selectable element option in the graphical user interface, and iteratively comparing real-time GPS locations are considered generic computer components as per Applicant’s Specification shown below:
“[0043] As suggested above, each of the provider devices 110a-110n and the requestor devices 116a-116n may comprise a mobile device, such as a laptop, smartphone, or tablet associated with a requestor or a provider. The provider devices 110a-110n and the requestor devices 116a-116n may be any type of computing device as further explained below with reference to FIG. 12. In some embodiments, one or more of the provider devices 110a-110n are not associated with human providers, but are attached to (or integrated within) the transportation vehicles 108a-108n, respectively.
[0044] As further indicated by FIG. 1, the provider devices 110a-110n include provider applications 112a-112n, respectively. Similarly, the requestor devices 116a-116n include requestor applications 118a-118n, respectively. In some embodiments, the provider applications 112a-112n (or the requestor applications 118a-118n) comprise web browsers, applets, or other software applications (e.g., native applications) respectively available to the provider devices 110a-110n or the requestor devices 116a-116n. Additionally, in some instances, the dynamic transportation matching system 104 provides data including instructions that, when executed by the provider devices 110a-110n or by the requestor devices 116a-116n, respectively create or otherwise integrate one of the provider applications 112a-112n or the requestor applications 118a-118n with an application or webpage.”
and thus are not practically integrated nor significantly more.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As stated above, the additional elements of a requestor device, a requestor application, utilizing real-time GPS signals of the requestor device, provider device(s), vehicles, at least one processor, at least one non-transitory computer-readable storage medium, a computing device, a system, dynamic GPS locations, a computational model, ghost match, a selectable element option in the graphical user interface, and iteratively comparing real-time GPS locations are considered generic computer components, and the claims amount to no more than mere instructions using generic computer components to implement the judicial exception. Each of the additional limitations are no more than mere instructions to apply the exception using a generic computer component (e.g., a processor). The combination of these additional elements are no more than mere instructions to apply the exception using generic computer components (e.g., processor). Mere instructions to apply an exception using generic computer components cannot provide an inventive concept.
Dependent claims 2 – 7, 9 – 14, and 16 – 20, when analyzed both individually and in combination are also held to be ineligible for the same reason above and the additional recited limitations fail to establish that the claims are not directed to an abstract idea. The additional limitations of the dependent claims when considered individually and as an ordered combination do not amount to significantly more than the abstract ideas.
Looking at these limitations as an ordered combination and individually add nothing additional that is sufficient to amount to significantly more than the recited abstract idea because they simply provide instructions using generic computer components, to “apply” the recited abstract idea. Thus, the elements of the claims, considered both individually and as an ordered combination, are not sufficient to ensure that the claim as a whole amount to significantly more than the abstract idea itself. Therefore, claims 1 – 20, are not patent eligible.
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Frank Alston whose telephone number is 703-756-4510. The Examiner can normally be reached 9:00 AM – 5:00 PM Monday - Friday. Examiner can be reached via Fax at 571-483-7338. 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 Beth Boswell can be reached at (571) 272-6737.
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/FRANK MAURICE ALSTON/
Examiner, Art Unit 3625
1/5/2026
/ROBERT D RINES/Primary Examiner, Art Unit 3625