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 Office Action is in response to the application filed on 09/22/2025. Claims 1-2, 4-12 and 14-20 are presently pending and are presented for examination. Claims 1, 4-10, 15, 17-20 were amended. Claims 3, and 13 were cancelled.
Reply to Remarks
Applicant’s arguments, see Pages 7-9 of the Applicant's Remarks, filed 09/22/2025, with respect to the rejection(s) of claim(s) 1-2, 4-12 and 14-20 under § 101 have been fully considered and are not persuasive. Applicant argues that taking all the additional elements individually, and in combination, and claims as a whole amount to significantly more than the abstract idea and the pending claims should be patentable in view of the additional elements of the pending claims. Examiner respectively disagrees.
Despite the additional claim limitations describing classifying and storing instructions, which are themselves abstract ideas that can be performed in the mind, the claim limitations are ultimately displaying driving instructions, and displaying information amounts to an insignificant extra solution activity. The user is selecting a single criterion based upon which they would like to provide or receive instruction. The selection of the criterion is an abstract idea that can be performed in the human mind and does not result in vehicular control. Generating an instruction for the purposes of display suggests intended use and remains the insignificant extra solution activity of displaying a recommendation, see MPEP 2106.05(a) & MPEP 2106.05(g) for the list of examples of claim limitations that were not sufficient to show an improvement in computer functionality, such as merely displaying a result of a mental process. The language regarding minimizing a driving record is broad and does not take the process out of the mental process grouping. Further, the independent claims are directed to significantly more than a mere neural network, therefore the recitation of a neural network is an additional element. Further, acquiring information for the purpose of minimizing braking, does not correspond to vehicle control, instead this limitation indicates intended use and thus amounts to an insignificant extra solution activity. Further, inputting select data into a neural network for the purpose of real time vehicle control, does not correspond to vehicle control, instead this limitation indicates intended use and thus amounts to an insignificant extra solution activity. Further, claiming that the driving instructions are for control of the vehicle, when the driving instructions are merely displayed, indicates intended use and not vehicle control. Therefore, the 101 claim rejections are maintained.
Claim Objections
Claim 1 is objected to because of the following informalities: The final sentence includes that typo, "generating a first driving instruction", as it is unclear if these driving instructions are different from the ones introduced above, Examiner reasons that these are the very same instructions. Appropriate correction is required.
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 1-2, 4-12 and 14-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
As per claim 1
Step 1: The claim is directed to a process as it recites (a method of providing a driving instruction).
Step 2A Prong 1: The claim is directed to an abstract idea of a mental process. The claim
recites the limitations:
A method of providing a driving instruction for assisting circuit driving, the method comprising:
constructing, by a server, a database based on driving data obtained as a result of driving of a plurality of vehicles on a circuit;
generating, by the server, a plurality of driving instructions based on the database;
classifying and storing, by the server, the plurality of driving instructions according to a plurality of criteria, wherein the criteria include driving difficulty, vehicle type, and driver identity; and
providing, by the server, a user with one of the plurality of driving instructions based on a selection of the user,
wherein the step of providing the driving instruction comprises:
when a user of a first vehicle among the plurality of vehicles sets at least one of the criteria among the driving difficulty, the vehicle type, and the driver identity, providing, by the server, a first driving instruction corresponding to the set at least one criterion among the plurality of driving instructions to the first vehicle; and,
displaying, by the first vehicle, the first driving instruction on at least one selected from a head- up display, an audio-video-navigation (AVN) device, a cluster, and combinations thereof, wherein the displaying of the first driving instruction by the first vehicle includes:
mapping and displaying a recommended trail line or a virtual vehicle image included in the first driving instruction to a road of the circuit,
wherein the generating of the plurality of driving instructions based on the database includes:
obtaining first driving data for minimizing at least one of a driving record, use of braking, use of an acceleration pedal, or steering amount, by inputting the driving data for constructing the database into a trained neural network model based on a plurality of neural network layers for real-time vehicle control; and
generating a first driving instruction based on the first driving data, wherein the driving instruction is an instruction for controlling a vehicle during circuit driving.
These limitations as drafted are simple processes that under their broadest reasonable interpretation covers the performance of the limitations in the mind or by hand or with pen and paper as these steps fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III. The nominal recitation of the server, and its unrecited processor, does not take the limitation out of the mental process grouping. Thus, the claim recites a mental process which is an abstract idea.
Step 2A Prong 2: Judicial exception is not integrated into a practical application. The claim
recites the additional elements of:
A method of providing a driving instruction for assisting circuit driving, the method comprising:
constructing, by a server, a database based on driving data obtained as a result of driving of a plurality of vehicles on a circuit;
generating, by the server, a plurality of driving instructions based on the database;
classifying and storing, by the server, the plurality of driving instructions according to a plurality of criteria, wherein the criteria include driving difficulty, vehicle type, and driver identity; and
providing, by the server, a user with one of the plurality of driving instructions based on a selection of the user,
wherein the step of providing the driving instruction comprises:
when a user of a first vehicle among the plurality of vehicles sets at least one of the criteria among the driving difficulty, the vehicle type, and the driver identity, providing, by the server, a first driving instruction corresponding to the set at least one criterion among the plurality of driving instructions to the first vehicle; and,
displaying, by the first vehicle, the first driving instruction on at least one selected from a head- up display, an audio-video-navigation (AVN) device, a cluster, and combinations thereof, wherein the displaying of the first driving instruction by the first vehicle includes:
mapping and displaying a recommended trail line or a virtual vehicle image included in the first driving instruction to a road of the circuit,
wherein the generating of the plurality of driving instructions based on the database includes:
obtaining first driving data for minimizing at least one of a driving record, use of braking, use of an acceleration pedal, or steering amount, by inputting the driving data for constructing the database into a trained neural network model based on a plurality of neural network layers for real-time vehicle control; and
generating a first driving instruction based on the first driving data, wherein the driving instruction is an instruction for controlling a vehicle during circuit driving.
The instruction to collect data regarding a driving environment or driving data from multiple sources on multiple vehicles is recited at a high level of generality (i.e., as a general means for constructing, by a server, a database, obtaining first driving data, or inputting the driving data for constructing the database), and amount to mere data gathering, which is a form of insignificant extra-solution activity. Further, the instruction to provide a user with at least one of the plurality of driving instructions is also recited at a high level of generality (i.e., displaying, by the first vehicle, the first driving instruction or displaying a recommended trail line), and is just displaying information, which is a form of insignificant extra-solution activity. Further, the additional elements are applying the abstract ideas in a vehicle environment.
Step 2B: The claim does not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to Step 2A Prong
2, the additional elements amount to no more than mere instructions to apply the exception in a vehicular environment to determine how to navigate the road environment. Determining instructions to assist a user in making optimal driving actions is well-understood, routine and conventional. For these reasons, claim 1 is not patent eligible under 35 U.S.C. § 101.
As per claims 2, 4-12 and 14
These method claims further define the abstract ideas of the mental processes illustrated in claim 1, they do not recite any additional elements or other limitations that transform the determinations for how to display data or what kinds of instructions a person should follow to make optimal driving decisions to follow the best driving line around a course, and these elements are well-understood, routine and conventional.
As per claim 15
Step 1: The claim is directed to an apparatus as it recites (a system for providing a driving instruction).
Step 2A Prong 1: The claim is directed to an abstract idea of a mental process. The claim
recites the limitations:
A system for providing a driving instruction for assisting circuit driving, the system comprising:
a server configured to store a database constructed based on driving data obtained as a result of driving of a plurality of vehicles on a circuit, and generate a plurality of driving instructions based on the database; and
a first vehicle configured to, based on receiving a user input to select a first driving instruction among the plurality of driving instructions, transmit a request signal for requesting the server to transmit the first driving instruction,
wherein the server is configured to, based on receiving the request signal from the first vehicle, transmit the first driving instruction to the first vehicle,
wherein the server is configured to classify and store a plurality of driving instructions according to a plurality of criteria, wherein the criteria include driving difficulty, vehicle type, and driver identity,
wherein the server is further configured, when a user of the first vehicle sets at least one of the criteria among driving difficulty, vehicle type, and driver identity, to transmit, based on receiving the request signal from the first vehicle, the first driving instruction corresponding to the set at least one criterion to the first vehicle, and
wherein the first vehicle is configured to, based on receiving the first driving instruction from the server, display the first driving instruction on at least one selected from a head-up display, an audio- video-navigation (AVN) device, a cluster, and combinations thereof, the displaying including mapping a recommended trail line or a virtual vehicle image included in the first driving instruction to a road of the circuit,
wherein the server is further configured to input the driving data for constructing the database into a trained neural network model based on a plurality of artificial neural network layers for real-time vehicle control to obtain first driving data for minimizing at least one of a driving record, use of braking, use of an acceleration pedal, or steering amount, and to generate a first driving instruction based on the first driving data, and
wherein the driving instruction is an instruction for controlling a vehicle during circuit driving.
These limitations as drafted are simple processes that under their broadest reasonable interpretation covers the performance of the limitations in the mind or by hand or with pen and paper as these steps fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III. The nominal recitation of the server, and its unrecited processor, does not take the limitation out of the mental process grouping. Thus, the claim recites a mental process which is an abstract idea.
Step 2A Prong 2: Judicial exception is not integrated into a practical application. The claim
recites the additional elements of:
A system for providing a driving instruction for assisting circuit driving, the system comprising:
a server configured to store a database constructed based on driving data obtained as a result of driving of a plurality of vehicles on a circuit, and generate a plurality of driving instructions based on the database; and
a first vehicle configured to, based on receiving a user input to select a first driving instruction among the plurality of driving instructions, transmit a request signal for requesting the server to transmit the first driving instruction,
wherein the server is configured to, based on receiving the request signal from the first vehicle, transmit the first driving instruction to the first vehicle,
wherein the server is configured to classify and store a plurality of driving instructions according to a plurality of criteria, wherein the criteria include driving difficulty, vehicle type, and driver identity,
wherein the server is further configured, when a user of the first vehicle sets at least one of the criteria among driving difficulty, vehicle type, and driver identity, to transmit, based on receiving the request signal from the first vehicle, the first driving instruction corresponding to the set at least one criterion to the first vehicle, and
wherein the first vehicle is configured to, based on receiving the first driving instruction from the server, display the first driving instruction on at least one selected from a head-up display, an audio- video-navigation (AVN) device, a cluster, and combinations thereof, the displaying including mapping a recommended trail line or a virtual vehicle image included in the first driving instruction to a road of the circuit,
wherein the server is further configured to input the driving data for constructing the database into a trained neural network model based on a plurality of artificial neural network layers for real-time vehicle control to obtain first driving data for minimizing at least one of a driving record, use of braking, use of an acceleration pedal, or steering amount, and to generate a first driving instruction based on the first driving data, and
wherein the driving instruction is an instruction for controlling a vehicle during circuit driving.
The instructions to store a database constructed based on driving data obtained, receiving a user input to select a first driving instruction, and input the driving data for constructing the database are recited at a high level of generality (i.e., as a general means to store a database constructed based on driving data obtained or receiving a user input to select a first driving instruction, or input the driving data for constructing the database), and amount to mere data gathering, which is a form of insignificant extra-solution activity. Further, the instruction to transmit the first driving instruction to the first vehicle is also recited at a high level of generality (i.e., as a general means to transmit a request signal for requesting the server to transmit the first driving instruction, transmit, based on receiving the request signal from the first vehicle, the first driving instruction or display the first driving instruction), and are similar to displaying information, which is a form of insignificant extra-solution activity. Further, the additional elements are applying the abstract ideas in a vehicle environment.
Step 2B: The claim does not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to Step 2A Prong
2, the additional elements amount to no more than mere instructions to apply the exception in a vehicular environment to determine how to navigate the road environment. Determining and sharing instructions to assist a user in making optimal driving actions are well-understood, routine and conventional. For these reasons, claim 15 is not patent eligible under 35 U.S.C. § 101.
As per claims 16-20
These apparatus claims further define the abstract ideas of the mental processes illustrated in claim 15, they do not recite any additional elements or other limitations that transform the determinations for how to display or what kinds of instructions a person should follow to make optimal driving decisions to follow the best driving line around a course, and these elements are well-understood, routine and conventional.
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 FARIS ASIM SHAIKH whose telephone number is (571)272-6426. The examiner can normally be reached 8:00-5:30 M-F EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey S. Jabr can be reached at 571-272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.A.S./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668