Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. an abstract idea) without significantly more.
Claims 1-6 recite a method (i.e. process). Therefore claims 1-6 fall within one of the four statutory categories of invention.
Independent claim 1 recites the limitations of communicating with a transportation company managing a plurality of vehicles; storing the locations of the plurality of vehicles; displaying in real time the vehicle locations; selecting by the user a specific vehicle from the plurality of vehicles; requesting by said selecting by the user the dispatch of the selected vehicle to the location of the user; dispatching the selected vehicle to the user location; transporting the user with the selected vehicle to a user-selected location; and automatically debiting a prepaid account of the user after said transporting. The limitations are drawn to vehicle/fleet management and providing transport services and amounts to certain methods of organizing human activity (commercial interactions, and managing personal interactions/behavior), i.e. communicating with a transportation company managing a plurality of vehicles; requesting by said selecting by the user the dispatch of the selected vehicle to the location of the user; dispatching the selected vehicle to the user location; transporting the user with the selected vehicle to a user-selected location; and automatically debiting a prepaid account of the user after said transporting. The claim limitations also correspond to mental processes (observation, evaluation, judgement, and opinion), i.e. displaying in real time the vehicle locations; selecting by the user a specific vehicle from the plurality of vehicles. The claim recites an abstract idea.
The judicial exception is not integrated into a practical application simply because the claim recites the additional elements of a software application for a smartphone having a touchscreen, and a server. The smartphone having a touchscreen amounts to linking the judicial exception to a particular field of use. The specific limitations that the phone has a touchscreen further amounts to insignificant extra-solution activity. The server and smartphone are also recited at a high-level of generality performing the above-mentioned limitations, and amounts to no more than mere instructions to apply the exception using a computer. Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
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 integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception using a computer component, and linking the judicial exception to a particular field of use. Further, the phone having a touchscreen amounts to well-understood, routine, and conventional activity (see Ure (20090260900) ¶0001 disclosing the well-known Apple iPhone cellphone having a capacitive touch-screen). Mere instructions to apply an exception using a computer component cannot provide an inventive concept. Thus, when viewed as an ordered combination, nothing in the claims add significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Dependent claim 3 recites the limitation that the displaying of the vehicle locations is on a street map. The claim recites a limitation that is further directed to the abstract idea analyzed above. The claim also recites the additional element of a street map which amounts to generally linking the judicial exception to a particular field of use. Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Further, when viewed as an ordered combination, nothing in the claims add significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Dependent claims 2 and 4-6 recites additional elements and/or limitations that have further directed to the abstract idea analyzed above. Therefore, claims 2 and 4-6 are also rejected under 35 U.S.C. 101.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1-4 and 8 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mashinsky (2006/0059023) in view of Sprigg (2008/0125967 ) further in view of Novik (US 6,339,745).
Claim 1: Mashinsky discloses: A method for managing a plurality of vehicles for personal transportation of users, comprising:
storing on the server the locations of the plurality of vehicles; (Mashinsky ¶0048 disclosing the database compromising a car information database which may store the location of the vehicle; ¶0050 further disclosing the central controller stores and records car information; ¶0035 further discloses the control having a central database that collects data of the cars which provide location information; ¶0028 disclosing the devices pin-points location information and forwards the information to the customers, traces vehicles)
transporting the user with the selected vehicle to a user-selected location; (Mashinsky ¶0013 disclosing receiving transportation service in accordance with the travel request confirmation; ¶0041 disclosing the user indicating a predetermined location to which they are willing or desire to travel; ¶0044 discloses the system tracks the car and confirms that the vehicle is on its way to the meeting point (to provide the trip for the customer); see also ¶0029 disclosing the use providing the origin and destination data and the system matching the user with a driver/vehicle, and ¶0056 disclosing dispatching a truck to a pickup location to transport an object to a predetermined location)
and automatically debiting by the server a prepaid account of the user after said transporting. (Mashinsky ¶0022 disclosing the appropriate payment being deducted from the customer’s account and posted to the specific driver of the cab providing the taxi ride; ¶0045 disclosing payment may be transferred to the driver or company upon completion of the ride)
Mashinsky in view of Sprigg discloses:
providing a software application for a smartphone having a touchscreen, the software application being adapted and configured to communicate with a server of a transportation company managing a plurality of vehicles;
Mashinsky discloses a software application for a smartphone, the software application being adapted and configured to communicate with a server of a transportation company managing a plurality of vehicles (Mashinsky ¶0024 disclosing an application with a driver and customer interface, the app server comprising software; computers connected to the internet; the customer interface is accessible via computer phone or wireless device such as Palm VII, Blackberry, etc.), customer interface accessible by a user or reservation network accessible via computer phone; ¶0011 disclosing a taxi reservation system; ¶0042 also discloses the central server communicating with the customer). Mashinsky, while disclosing a smartphone and PDA/Palm VII (has a touchscreen), does not explicitly disclose the smartphone having a touchscreen. Sprigg discloses a computing device in which the dispatch request may be sent (which also corresponds to sending the destination location to the navigation device of multiple recipients such as in a taxicab environment), the dispatch request/sending of the destination to the navigation devices may be performed by a computing device and may be invoked by a software interface or display, and the interface may be embodied as a touchscreen: (Sprigg ¶0034 a device having a “get me now” feature that allows the user to press a button and have their location sent to the navigation device; the device may have a display to present info to the user and the “get me now” button may be invoked using a software interface or display as well as a keypad; ¶0035 disclosing invoking the “get me now” feature sends the destination location, message, and other data to the navigation device and is activated by either pressing a dedicated button, or using the software interface, or display; ¶0048 further discloses the computing device used to send the destination location to server which forwards the destination to the navigation device and ¶0049 discloses that the server has an interface which may be a touchscreen a webpage, client/server app, acceptable of accepting the destination location; ¶0050 discloses the computing device may be embodied as a cell phone, PDA, etc. capable of generating the destination location and could be embodied as a touchscreen). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mashinsky to include the smartphone having a touchscreen as taught by Sprigg. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Mashinsky in order to get vehicles automatically dispatched to pick up a passenger (see ¶0042 of Sprigg).
selecting by the user with the touchscreen a specific vehicle from the plurality of vehicles; (Mashinsky ¶0041 disclosing the user selecting the driver and car type; ¶0051 disclosing the controller received user selection based on the sorted data displayed to the user such as car size and type; ¶0042 disclosing the server access the database of available vehicles, matched information is returned to the customer for validation and if the customer accepts (selects vehicle) the system charges the customer)
Regarding the limitation of the touchscreen, see the above limitation and rationale to combine the reference of Sprigg which discloses that the computing device in the dispatch system may be embodied in a phone that has a touchscreen interface, and rationale to combine.
requesting to the server by said selecting by the user with the touchscreen of the smartphone the dispatch of the selected vehicle to the location of the user; dispatching the selected vehicle to the user location;
Mashinsky discloses requesting to the sever the dispatch of the selected vehicle to the location of the user, and dispatching the selected vehicle to the user location: (Mashinsky ¶0041 disclosing the user selecting the driver and car type; ¶0051 disclosing the controller received user selection based on the sorted data displayed to the user such as car size and type; ¶0042 disclosing the server access the database of available vehicles, matched information is returned to the customer for validation and if the customer accepts (selects vehicle) the system charges the customer; ¶0032 disclosing tracking the location ensuring a specific driver is on their way to pick up a passenger (dispatch); ¶0056 disclosing dispatching a truck via the system). Mashinsky does not explicitly disclose the selection being with the touchscreen of the smartphone. Sprigg discloses thus limitation: (Sprigg ¶0028 discloses the device that sends the destination location to the navigation device, the transmission could be with messages and sent as a package (¶0030, ¶0031, ¶0032, and ¶0033); ¶0034 a device having a “get me now” feature that allows the user to press a button and have their location sent to the navigation device; the device may have a display to present info to the user and the “get me now” button may be invoked using a software interface or display as well as a keypad; ¶0035 disclosing invoking the “get me now” feature sends the destination location, message, and other data to the navigation device and is activated by either pressing a dedicated button, or using the software interface, or display; ¶0040 disclosing the (dispatch) request could be forwarded to multiple recipients; ¶0042 discloses that the system may be used in the scenario where taxicabs could get automatically dispatched to pick up a passenger when the passenger invokes the “get me now” feature on the device; ¶0048 further discloses the computing device used to send the destination location to server which forwards the destination to the navigation device and ¶0049 discloses that the server has an interface which may be a touchscreen a webpage, client/server app, acceptable of accepting the destination location; ¶0050 discloses the computing device may be embodied as a cell phone, PDA, etc. capable of generating the destination location and could be embodied as a touchscreen). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mashinsky to include the selection being with the touchscreen of the smartphone as taught by Sprigg. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Mashinsky in order to get vehicles automatically dispatched to pick up a passenger (see ¶0042 of Sprigg).
Mashinsky in view of Sprigg further in view of Novik discloses:
Mashinsky in view of Sprigg discloses determining the location of vehicles and a touchscreen of a smartphone, but does not explicitly disclose displaying in real time the vehicle locations on a touchscreen of a user smartphone operating the software application. Novik discloses this limitation/concept:
displaying in real time the vehicle locations on a touchscreen of a user smartphone operating the software application; (Novik Col. 10, Ln. 59-65 disclosing real-time tracking of the vehicle; the user selected and tracks the vehicle)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mashinsky in view of Sprigg to include displaying in real time the vehicle locations on a touchscreen of a user smartphone operating the software application as taught by Novik. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Mashinsky in view of Sprigg in order to estimate delivery times more accurately (see col. 1, Ln. 23 of Novik).
Claim 2: The method of claim 1 which further comprises automatically transmitting the location of the user by the software application to the server. (Mashinsky ¶0029 disclosing origin data submitted by the user; the server storing existing reservations and matches the customer located near the anticipated destination with drivers; ¶0048 disclosing database storing the location of the user (which the server may access))
Claim 3: The method of claim 1
Mashinsky discloses determining the locations of transport vehicles, but does not explicitly disclose displaying the vehicle locations is on a street map. Novik discloses this limitation/concept:
wherein said displaying the vehicle locations is on a street map. (Novik Col.9, Ln. 60-Col. 10, Ln. 6 disclosing a map indicating the position of the vehicle, even while the vehicle is being tracked while moving; the maps show the streets/street names as well; Fig. 14 and Col. 10, Ln. 59-62 discloses real time tracking of multiple vehicles)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mashinsky in view of Sprigg to include that the displaying of the vehicle locations is on a street map as taught by Novik. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Mashinsky in view of Sprigg in order to estimate delivery times more accurately (see col. 1, Ln. 23 of Novik).
Claim 4: The method of claim 1 which further comprises
Mashinsky discloses communicating a transport request to the system, but does not explicitly disclose contacting the driver of the selected vehicle by the user by touching the touchscreen. Sprigg discloses this limitation/concept:
contacting the driver of the selected vehicle by the user by touching the touchscreen. (Sprigg ¶0028 discloses the device that sends the destination location to the navigation device, the transmission could be with messages and sent as a package (¶0030, ¶0031, ¶0032, and ¶0033); ¶0034 a device having a “get me now” feature that allows the user to press a button and have their location sent to the navigation device; the device may have a display to present info to the user and the “get me now” button may be invoked using a software interface or display as well as a keypad; ¶0035 disclosing invoking the “get me now” feature sends the destination location, message, and other data to the navigation device and is activated by either pressing a dedicated button, or using the software interface, or display; ¶0040 disclosing the (dispatch) request could be forwarded to multiple recipients; ¶0042 discloses that the system may be used in the scenario where taxicabs could get automatically dispatched to pick up a passenger when the passenger invokes the “get me now” feature on the device, the drivers of the taxicabs receive the request on their navigation device’s display and the driver makes the decision whether they want to retrieve the passenger; ¶0050 discloses the computing device may be embodied as a cell phone, PDA, etc. capable of generating the destination location and could be embodied as a touchscreen).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mashinsky to include contacting the driver of the selected vehicle by the user by touching the touchscreen as taught by Sprigg. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Mashinsky in order to allow vehicles to be automatically dispatched to pick up a passenger (see ¶0042 of Sprigg).
Claim 6: The method of claim 1 which further comprises displaying on the touchscreen the types of vehicles in the plurality of vehicles for selection by the user and dispatching a selected type of vehicle to the user location. (Mashinsky ¶0041 disclosing the user selecting the driver and car type; ¶0051 disclosing the controller received user selection based on the sorted data displayed to the user such as car size and type; ¶0042 disclosing the server access the database of available vehicles, matched information is returned to the customer for validation and if the customer accepts (selects vehicle) the system charges the customer; ¶0032 disclosing tracking the location ensuring a specific driver is on their way to pick up a passenger (dispatch); ¶0056 disclosing dispatching a truck via the system (Fig. 3 discloses displaying the data (car size & type) to user))
Mashinsky discloses the plurality of vehicles being displayed to the user. Further, as indicative in above limitations, the customer interface may be accessible via computer phone or any wireless access device (i.e. PDA/Palm VII, blackberry, etc.) which has a touchscreen. See the combination of Sprigg in claim 1 which discloses the dispatch system using a user interface which may also be embodied in a touchscreen of a phone, and the appropriate rationale to combine.
Claim 5 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mashinsky (2006/0059023) in view of Sprigg (2008/0125967 ) further in view of Novik (US 6,339,745) further in view of Hinrichs (2007/0198276).
Claim 5: The method of claim 4
Mashinsky in view of Spriggs discloses communicating a transport request to the system via touchscreen, but does not explicitly disclose that touching the touchscreen is touching an icon representing the selected vehicle. Hinrichs discloses this limitation/concept:
wherein said touching the touchscreen is touching an icon representing the selected vehicle. (Hinrichs ¶0028 disclosing an interested party clicking the selected vehicle symbol or item on the terminal and causing the driver to receive a message that a rideshare between point x and point y has been requested)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mashinsky in view of Spriggs further in view of Novik to include that touching the touchscreen is touching an icon representing the selected vehicle as taught by Hinrichs. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Mashinsky in view of Sprigg further in view of Novik in order to allow the user to request a transport service (see ¶0028 of Hinrichs).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIONE N SIMPSON whose telephone number is (571)272-5513. The examiner can normally be reached M-F; 7:30 a.m.-4:30 p.m..
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DIONE N. SIMPSON
Examiner
Art Unit 3628
/DIONE N. SIMPSON/Examiner, Art Unit 3628
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