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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/23/2026 has been entered.
Response to Arguments
35 USC 101 rejections
Applicant's arguments filed 4/23/2026 have been fully considered but they are not persuasive.
Applicant asserts claim 21 recites real-world, improved operations that are based on the improved tensor stream processing of the claims rather than reciting only a judicial exception or mere recitation to “apply it”. Examiner respectfully disagrees. The claim is merely generally linking the judicial exceptions to route searching because the limitation “searching alternative routes between the first location and the second location, and estimating a travel time a travel time between the first location and the second location” are merely further computation with the data without performing an action with the data, for example setting the alternative route for the vehicle. It is unclear where the application as originally filed describes doing something with the calculated alternate route other than estimating more accurate travel times. Spec. [0169]. The specification appears silent that “searching alternative routes” comprises an action such as setting the route for the vehicle or causing the vehicle to follow the alternate route..
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.
Claim 21-25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding claim 21, at Step 1, the claim is directed to a method, which is a statutory category of invention (Process).
At Step 2A Prong 1, Examiner notes that the claims are directed towards an abstract idea. The claim language has been reproduced below:
An autonomous driving method comprising: receiving an input tensor stream comprising:
a plurality of first sub-tensors that are received progressively and in sequence over time, wherein the plurality of first sub-tensors form a previous tensor (mathematical relationship),
and one or more second sub-tensors, wherein the one or more second sub-tensors are received after the plurality of first sub-tensors (mathematical relationship), and wherein the one or more second sub-tensors form an input tensor (mathematical relationship),
wherein the input tensor stream comprises road traffic data between a first location and a second location,
and wherein the input tensor includes an outlier and a missing value (mathematical relationship);
factorizing the previous tensor into a low rank tensor to extract a first factor matrix (mathematical calculation);
calculating a data pattern from the first factor matrix (mathematical calculation);
in real time as the input tensor stream is received: detecting the outlier based on the outlier being out of the calculated data pattern (mathematical calculation),
updating the first factor matrix based on the input tensor (mathematical calculation),
and combining the updated first factor matrix with a remaining second factor matrix of the previous tensor to obtain a real tensor (mathematical calculation), wherein obtaining the real tensor comprises setting, in the real tensor, data corresponding to a position of the outlier and a position of the missing value as estimated values, to thereby perform repair of the outlier and the missing value in real time (mathematical calculation);
and based on the real tensor: searching alternative routes between the first location and the second location, and estimating a travel time between the first location and the second location (mathematical calculation).
At Step 2A Prong 2, the additional elements are bolded above. The additional elements do not integrate the abstract ideas into a practical application because the computer elements, which are recited at a high level of generality, provide conventional computer functions that do not impose any meaningful limits on practicing the abstract ideas. See MPEP 2106.05(f). The limitations “receiving… a plurality of first sub-tensors” and “one or more second sub-tensors” are merely a sequence of data gathering. The limitation “wherein the input tensor stream comprises road traffic data between a first location and a second location” is merely generally linking the input data to the application of traffic data. The limitation of “searching alternative routes between the first location and the second location” is merely generally linking the output data to the application of route searching, as it is merely data processing. Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim is directed to the judicial exception.
At Step 2B, the additional elements do not, alone or in combination, amount to significantly more than the recited judicial exception. As set forth in step 2A prong 2 analysis, the functions of “receiving… a plurality of first sub-tensors” and “one or more second sub-tensors” is retrieving data that is recognized by the courts as well-understood routine and conventional. See MPEP 2106.05(d)(II). Furthermore, the “searching alternative routes between the first location and the second location” and “searching alternative routes between the first location and the second location” are the equivalent of adding the words “apply it” to the judicial exception and are mere instructions to implement the abstract idea for route searching with traffic data. Even when considered in combination, these additional elements represent mere instructions to apply an exception and insignificant extra-solution activity, which do not provide an inventive concept. The claim is not eligible.
Regarding claims 22-25, the claims merely recite functions for extracting, factorizing, initializing, and calculating that further mathematically limit the mathematical concepts, and/or provide additional mathematical functions, of claim 21. They do not include additional elements that would require further analysis under steps 2A prong 2 and step 2B.
Conclusion
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/P.N.L./
Phat LeExaminer, Art Unit 2182 (571) 272-0546
/ANDREW CALDWELL/Supervisory Patent Examiner, Art Unit 2182
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