FINAL OFFICE 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 .
Rejection under 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to the abstract idea of routing planning (a mental process) without significantly more.
The claims are directed toward a method for determining a route or navigation. High level data gathering techniques are used to provide data to a system which determines an error value based on previous data which is then combined with road type data to form road information. Then a series of associations of various data types is performed at a high level and eventually an error threshold is formed via various claimed mathematical operations and relationships. At no point in the claims is a vehicle actually moved along this route. The claim is directed solely towards improving route planning. Dependent claims add either specific data types or specific mathematical concepts to originally high-level recitations. A detailed analysis under the PEG2019 (Patent Eligibility Guidance 2019) and MPEP 2106 follows.
Step 1: Do the claims fall with a Statutory Class?
All claims fall in the recognized classes of processes and apparatuses.
Step 2: Is the claim directed to an Abstract idea?
As per claim 1:
Step 2A, Prong 1- Identification of Abstract Ideas
determining a position …, and determining the position error threshold (mental process on a generic computer 2106.04(a)(2)III C.)…,
obtaining road data … by matching… (mental process on a generic computer 2106.04(a)(2)III C.)
binding the current position information …. ((mental process 2106.04(a)(2)III B. linking two numbers as entries to be considered together)
wherein the position error threshold comprises … (mathematics relationship 2106.04(a)(2) I)
Step 2A, Prong 2- Identitarian of Additional Elements
acquiring current positioning information … (insignificant extra-solution activity-data gathering 2106.05(g)),
….acquiring a current road type … (insignificant extra-solution activity-data gathering 2106.05(g)),
Step 2B Significantly More Analysis
The claim recites various particular data types, for mathematical or mental analysis (insignificant extra-solution activity-data gathering 2106.05(g)(3)-Selecting a particular data source or type of data to be manipulated) and the associated extra-solution steps do gather the data. Additionally, these steps amount to instructions to apply an exception to a computer as evidenced by application arguments that the processes are not mental in nature.
As per claim 2,
uploading a threshold updating request to a server (Step 2A, Prong 2: extra solution activity-data gathering), and receiving update information about the positioning error threshold returned from the server (Step 2A, Prong 2: extra solution activity-data gathering; and
updating the positioning error threshold using the update information to obtain an updated positioning error threshold, and obtaining road information by matching (Step 2A, Prong 1: Mental Process: matching), wherein the positioning error value between the road information and the current positioning information satisfies the updated positioning error threshold (Step 2A, Prong 1: Mental Process: matching).
As per claim 3,
wherein the threshold updating request comprises a trajectory of the terminal and the target road information (step 2A, Prong 2: particular form of data); and
the uploading the threshold updating request to the server comprises:
uploading the threshold updating request to the server, wherein the server determines, based on the trajectory, the road information of the terminal as reference road information (Step 2A, Prong 2: extra solution activity-data gathering), and generates the update information about the positioning error threshold based on the reference road information and the target road information (Step 2A, Prong 1: mental process: evaluating against a threshold).
As per claim 4,
generating a new positioning error threshold based on following parameters of a current road matching cycle:
a positioning error threshold determined by the terminal, a confidence of the positioning error threshold, a number of iterations of the positioning error threshold at the terminal, a reference positioning error threshold determined by a server, a confidence of the reference positioning error threshold, and a number of iterations of the reference positioning error threshold at the server (Step 2A, prong 1: mathematics).
As per claim 5,
generating the reference positioning error threshold based on following parameters of the current road matching cycle:
the positioning error threshold determined by the terminal, timeliness of the positioning error threshold, the number of iterations of the positioning error threshold at the terminal, a to-be-corrected positioning error threshold determined by the server, timeliness of the to-be-corrected positioning error threshold, and the number of iterations of the to-be-corrected positioning error threshold at the server (Step 2A: mathematics).
As per Claim 6:
wherein the positioning error threshold comprises a confidence threshold, and the positioning error value comprises a distance error and an angle error (Prong 2, Step 2B: particular data source); and
the method further comprises:
determining at least two candidate road information of the terminal based on the current positioning information (Step 2A, Prong 1: Mental Process: forming an opinion); and
the obtaining the road information for use as the target road information by the matching, wherein the positioning error value between the road information and the current positioning information satisfies the positioning error threshold (Step 2A, Prong 1: mental process-matching), comprises:
performing preset processing on the distance error and the angle error, wherein, for the distance error and the angle error, the higher a value of the distance error or the angle error is, the smaller a result obtained by the preset processing is (Step 2A, Prong 1: mathematics);
weighting the distance error obtained by the preset processing and the angle error obtained by the preset processing, and using weighting results as a road binding confidence (Step 2A, Prong 1: mathematics); and
obtaining second road information from the at least two candidate road information for use as the target road information by matching, wherein a road binding confidence of the second road information reaches the confidence threshold (Step 2A, Prong 1: mathematics).
As per claim 7:
wherein the historical positioning error value comprises a distance error variance and an angle error variance; and the method further comprises:
determining, for the at least two candidate road information, a weight of the distance error and a weight of the angle error based on the distance error variance and the angle error variance. (Step 2A, Prong 1: mathematics).
As per claim 8:
wherein the positioning error threshold further comprises a distance error threshold and an angle error threshold; and the obtaining the second road information for use as the target road information by the matching, wherein the road binding confidence of the second road information reaches the confidence threshold, comprises:
obtaining candidate road information by matching, wherein for the candidate road information, the distance error obtained by the preset processing reaches the distance error threshold, the angle error obtained by the preset processing reaches the angle error threshold, and the road binding confidence reaches the confidence threshold; and using road information corresponding to the candidate road information as the target road information (Step 2A, Prong 1: mathematics).
As per claim 10:
Acquiring the current road type of the terminal comprises: using a road type of the target road information matched in a previous road matching cycle as the current road type (Step 2A, prong 2: extra-solution activity-selecting a particular data type).
As per claim 11:
wherein the road information is the road network unit, the driving route unit, or the positioning information (Step 2A, prong 2: extra-solution activity-selecting a particular data type); and
the obtaining the road information by the matching, wherein the positioning error value between the road information and current positioning information satisfies the positioning error threshold (Step 2A: Prong 1: Mental process-matching), comprises:
matching the current positioning information with the driving route unit (Step 2A: Prong 1: Mental process-matching);
using, in response to obtaining a matching driving route unit, the matching driving route unit as the target road information (Step 2A, prong 2: extra-solution activity-selecting a particular data type); and
matching, in response to not obtaining the matching driving route unit, the positioning information with the road network unit (Step 2A: Prong 1: Mental process-matching);
using, in response to obtaining a matching road network unit, the matching road network unit as the target road information (Step 2A: Prong 1: Mental process-matching); and
using, in response to not obtaining the matching road network unit, the current positioning information as the target road information (Step 2A: Prong 1: Mental process-matching).
Claims 12-19 are rejected as being the electronic device to implement method of claims 1-8. These claims additionally contain generic computer elements performing their normal function recited at a high level of granularity.
Claim 20 is rejected as being the computer readable storage implementation of claim 1. This claims additionally contains generic computer elements performing their normal function recited at a high level of granularity.
Note- Applicant has routinely used the term “obtain” which often means to gather or receive in common speech. Here, however, Applicant has used the term to indicate the result of a calculation or determination. As such these limitations are identified as being abstract ideas as opposed to data collection steps (extra-solution activity).
Response to Application Arguments
In light of amendments to the claims, the Examiner views Applicant’s arguments as addressed. It is reiterated that claims simply automate planning and at no point ever carry out any form of navigation. Applicant specifically states “…to determine a driving routing routing for navigation….” The route is never actually used, and is purely computer assisted planning mechanism.
Final Disposition
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 Bryce P Bonzo whose telephone number is (571)272-3655. The examiner can normally be reached on M-F from 5AM to 1PM.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYCE P BONZO/Supervisory Patent Examiner, Art Unit 2113
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