Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 4, 6, 9, 10, 13, 15, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Husain (US 2021/0072033) in view of Matus et al (US 2019/0005412). Husain teaches:
A computer-implemented method for determining a total amount of carbon
emissions of an individual during a predetermined time duration (see Husain, paragraph 52), the method
comprising:
collecting, by a computing device, one or more individual telematics data
associated with a user during a predetermined time duration (see Matus et al, paragraphs 2, 12, 19, 32 and 52. “OBD data”, “vehicle operations data” “biometric data”, “fuel data”, etc. par. 32);
generating, by the computing device, first lifestyle data indicative of one or
more lifestyle activities engaged by the user based at least in part upon the one or more individual telematics data; (see Matus et al, paragraphs 19 and 32)
estimating, by the computing device, a total amount of carbon emissions
associated with the user during the predetermined time duration based at least in part upon the first lifestyle data (see Husain, paragraph 52).
Husain teaches as outlined above the idea of determining carbon emissions data of an individual based at least on a driving style (lifestyle data) (see Husain paragraph 52). Husain, however, does not explicitly teach how the driving style (lifestyle data) of the individual is determined. However, Matus et al teaches using telematics data to determine driving style (lifestyle data) of the individual (driver). See Matus et al, paragraphs 2, 12, 19, 32 and 52. It would have been obvious to one of ordinary skill in the art to have derived the individual’s driving style in Husain’s carbon emission determination method by using telematics data as already known and taught by Matus et al since this would have provided for an effective way of determining an individual’s driving style.
With respect to claims 4, 13 and 19 training of a first model, see the “user data sets” taught by Matus et al at paragraph 52. With respect to claim 9, sending a notification when exceeding a carbon threshold is considered to be an obvious matter of design choice.
Allowable Subject Matter
Claims 2,3,5,7,8,11,12,14,16, 17 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICK R SOLIS whose telephone number is (571)272-4853. The examiner can normally be reached Monday - Friday 9 -5.
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/ERICK R SOLIS/Primary Examiner, Art Unit 3747
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