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 .
This office action is in response to the amendment filed 07/10/2026.
Claims 1-20 are pending in the application. Claims 1, 11, and 20 are independent claims.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis — Step 1
Claim 1 is directed to a process for determining an identifier of a road segment at which a target is location. Therefore, claim 1 is within at least one of the four statutory categories.
101 Analysis — Step 2A, Prong 1
Regarding Prong 1 of the Step 2A analysis in the MPEP, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Independent claim 1 includes limitations that recite an abstract idea along with an example of a mental process a person performs for each step of the abstract idea shown in bolded emphasis. Claim 1 recites:
determining an identifier of a first road segment in which a target is located at a first moment (i.e., a person, while driving inside a vehicle, sees a road sign containing the name/identifier of a first road segment the vehicle is traveling on at a first moment in time, in which a rock [i.e., target] is located on the first road segment as well);
constructing a local topology map of the first moment based on map information (i.e., a person constructs a mental map inside their mind at that first moment in time based on the road sign mentioned above as well as an image of a memorized map of a map the user has viewed before), wherein the local topology map of the first moment comprises an identifier of a road segment adjacent to the first road segment (i.e., wherein the mental map, with the help of the memorized map, comprises the name of another road that intersects with the first road segment);
obtaining location information of the target at a second moment (i.e., a person sees the rock is now at a location closer to the moving vehicle at a second point in time), wherein the second moment is after the first moment in a time sequence (i.e., wherein time moves forward from first to second point in time during the mental process the person performs);
determining, based on the map information and the location information of the target at the second moment (i.e., person performs determination based on memorized map and new location of the rock signifying the vehicle’s current position on the first road segment), identifiers of at least two road segments corresponding to the target at the second moment (i.e., person remembers the names of two more intersecting roads that intersect the first road, the rock is on the first road segment of which the two intersecting roads intersect, thus the two intersecting roads corresponds to the rock at the second point in time), wherein the target at the second moment is in a spatially overlapping region (i.e., the first road segment that the person sees at the first point in time, overlaps with the first road segment that the person sees at the second point in time, because it’s still the same first road segment the vehicle is traveling upon); and determining the identifiers of at least two road segments comprises: querying the map information using the location information of the target at the second moment to obtain the identifiers of the at least two road segments corresponding to the location information of the target at the second moment, the at least two road segments overlapping in a height direction (i.e., person remembers and obtains from their memory (i.e. query) a mental map that shows two roads overlapping each other vertically, and the person’s mind can then infer the names of those two roads based on remembering the two vertically overlapping roads); and
determining, based on the local topology map of the first moment and the identifiers of the at least two road segments corresponding to the target at the second moment (i.e., person performs determination based on constructed mental map of the first point in time of driving and the names of the 2 intersecting roads corresponding to the rock at the second point in time), an identifier of a road segment in which the target is located at the second moment (i.e., name of a 3rd intersecting road in which the rock is located at the intersection of the 3rd intersecting road and the first road segment, at the second point in time), wherein determining the identifier of the road segment comprises: querying the local topology map of the first moment to select, among the at least two road segments, the road segment in which the target is located at the second moment (i.e., person remembers and obtains from their memory (i.e. query) a mental map that shows two roads that are vertically overlapping, and the person’s mind can identify/select which of these two vertically overlapping roads is the person’s vehicle currently traveling upon)
in response to determining the identifier of the road segment in which the target is located at the second moment, updating the local topology map to include the identifier of the road segment in which the target is located at the second moment ((the person can update/refresh the mental map in their mind to memorize new event/fact (i.e. the identifier, after the determination step above).
Accordingly, the limitations, under their broadest reasonable interpretation, cover performance in the human mind and require no specific computer or computer components to carry out the steps. Accordingly, the claim limitations recite an abstract idea.
101 Analysis — Step 2A, Prong Il
Regarding Prong Il of the Step 2A analysis in the MPEP, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the MPEP 2106, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have identified that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application”.
Regarding the additional limitation “positioning apparatus”, there is no limit on what this positioning apparatus is. Positioning apparatus is recited at a high level of generality and, at best, amount to no more than instructions to implement the abstract idea using generic computer components (MPEP 2106.05(f)).
It is recited at a high level of generality and requires no specific computer, computer component, computer functionality, to perform the data gathering. Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitations as an ordered combination or as a whole, the limitations add nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception. See MPEP 2106.05. Accordingly, the additional limitations do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis — Step 2B
Regarding Step 2B of the MPEP, representative independent claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As explained, there is no limit on what the positioning apparatus is. Positioning apparatus is recited at a high level of generality and, at best, amount to no more than instructions to implement the abstract idea using generic computer components (MPEP 2106.05(f)).
Hence, the claim is not patent eligible.
In reference to dependent claim 2, 5, 6, and 8, the claims do not recite any further limitations that cause the claim to be patent eligible. Rather, the limitation of dependent claim 2, 5, 6, and 8 further describe map information and road segment information included in the map information. The features of the map information, under its broadest reasonable interpretation, encompasses static information displayed on paper or the user’s mind as map data and/or topology map information that could be drawn using pen and paper as an aid. Thus, the claims include a mental process and falls under the ‘Mental Process’ category of abstract ideas.
In reference to dependent claim 3 and 4, the claims do not recite any further limitations that cause the claim to be patent eligible. Rather, the limitations of dependent claim 3 include a computer component (i.e. satellite) which provides coordinate data (i.e. location data) for determining where a vehicle is located and identifying a road in relation to the coordinate data. Dependent claim 4 includes similar limitations to that of claim 3 with the addition of ‘determining, based on laser point cloud data’ which encompasses a description of where static data on paper came from instead of any functionality with respect to how the ‘laser point cloud data’ is generated. The examiner submits that these limitations are insignificant extra-solution activity that merely perform data gathering (i.e. receiving step of receiving coordinate data) using a generic computer component (satellite signal). It is recited at a high level of generality and thus is interpreted as generic data gathering which is a form of insignificant extra-solution activity. Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application.
In reference to dependent claim 7, the claim recites similar limitations to those found in claim 1 except for the use of a ‘third moment’ after the ‘second moment’. The limitations include similar mental process steps to those found in claim 1. Therefore, the claim is rejected under similar rationale.
In reference to dependent claim 9, the claim recites the following:
displaying information about the second road segment on a display interface of a mobile phone; and/or broadcasting the information about the second road segment through speech by using the mobile phone.
The claim does not recite any further limitations that cause the claims to be patent eligible.
Rather, the limitation of dependent claim 9 is directed to additional aspects of the abstract idea. A claim to ‘collecting information, analyzing it, and displaying certain result of the collection and analyses, when recited at a high level of generality, recite a mental process containing steps that could practically be performed in the mind. Using a ‘mobile phone’ to display the result is interpreted as a computer component as a tool to perform a mental process. Thus, the limitation amounts to insignificant extra- solution activity of displaying a result.
In reference to dependent claim 10, the claim recites the following: displaying information about the second road segment on a display interface of a vehicle mounted terminal, and/or broadcasting the information about the second road segment through speech by using the vehicle-mounted terminal.
The claim does not recite any further limitations that cause the claims to be patent eligible. Rather, the limitation of dependent claim 10 is directed to additional aspects of the abstract idea. A claim to ‘collecting information, analyzing it, and displaying certain result of the collection and analysis’, when recited at a high level of generality, recite a mental process containing steps that could practically be performed in the mind. Using a ‘interface of a vehicle mounted terminal’ to display the result is interpreted as a computer component as a tool to perform a mental process. Thus, the limitation amounts to insignificant extra-solution activity of displaying a result.
In reference to claims 11-20, the claims recite similar limitations to those found in 1-10. Therefore, the claims are rejected under similar rationale.
Response to Arguments
Applicants’ arguments filed 7/10/2026 have been fully considered.
The Applicants argues:
“The claim does not stop at determining a road-segment identifier. Instead, the claim uses that identifier to update the local topology map. The local topology map is part of the claimed positioning mechanism, and the update changes topology information used by the positioning apparatus as the target moves through road segments over time. This ordered sequence is not a mental selection of a road name, but a specific technical method that uses topological continuity in a positioning apparatus.
The Office Action relies on an analogy in which a person remembers or mentally queries map information. However, the amended claim requires updating a local topology map in response to the selected road-segment identifier as part of an ongoing positioning process. The claimed update is not merely observation, memorization, or mental recognition of a road name. It is a technical use of the determined identifier to maintain topology information used by a positioning apparatus in a temporal positioning sequence”.
Examiner disagrees. It is noted that, the claim does not put any limit on how the “updating” is performed. As such, this “updating”, as drafted and under its broadest reasonable interpretation, recites an abstract idea of mental process, since updating the topological map can be practically performed in human mind, with or without the use of physical aid, like pen and paper. A person can memorize new street name/location/object, on their mind or adding it to the paper map that they draw while observing the road. Please also note that the use of physical aid would not negate the mental nature of this limitation. See MPEP 2106.04(a)(2), subsection IlI.B .
Although the applicants argue that “It is a technical use of the determined identifier to maintain topology information used by a positioning apparatus in a temporal positioning sequence”, there is no limit on what this positioning apparatus is. This positioning apparatus is recited at a high level of generality and, at best, amounts to no more than instructions to implement the abstract idea using generic computer components (MPEP 2106.05(f)).
Applicant further argues:
“Accordingly, even if some individual operations were viewed in isolation as involving information processing, the amended claims integrate any alleged abstract idea into a practical application. The claims apply the road-segment determination to update a local topology map used in an ongoing positioning process. This is not merely pre-solution data gathering, post-solution display, or generic use of a computer as a tool. The update operation is part of the core positioning solution and imposes a meaningful technical limitation on the claimed positioning process.
The Office Action's assertion that the claims do not recite doing anything with calculated data is no longer applicable. The amended claim expressly recites using the determined road- segment identifier to update the local topology map. Thus, the road-segment identifier is not merely calculated or selected; it is used to modify topology information within the claimed positioning process.
Even assuming, for the sake of argument, that the claims were considered to recite an abstract idea, the amended claims recite significantly more than the alleged abstract idea. The claimed ordered combination of resolving ambiguity among vertically overlapping road segments using a prior local topology map and updating the local topology map to include the determined road-segment identifier is not merely routine or conventional post-solution activity. The Office Action has not established, with supporting evidence, that this specific ordered combination was well-understood, routine, and conventional”.
Examiner disagrees. As explained in the rejection and above, updating map to include the determined road-segment identifier can be mental process, can be practically performed in human mind, with or without the use of physical aid, like pen and paper. A person can memorize new street name/location/object, on their mind or adding it to the paper map that they draw while observing the road. Please also note that the use of physical aid would not negate the mental nature of this limitation. See MPEP 2106.04(a)(2), subsection IlI.B .
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.
Conclusion
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/KIEU D VU/Supervisory Patent Examiner, Art Unit 2171
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