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 .
Response to Amendment/Arguments
This action is in response to the Applicant’s amendment and arguments dated 3/5/20 The Applicant’s amendments/arguments are fully considered regarding rejection under 35 USC 103 however they are not persuasive with respect to the art rejection and moot due to new grounds of rejection and Applicant's amendment necessitated the new ground(s) of rejection. Please see the updated 35 USC 103 rejection
The Applicant’s amendments/arguments are fully considered regarding rejection under 35 USC 101, however they are not persuasive with respect to the analysis and rejection under 35 USC 101. Please see the updated rejection under 35 USC 101 and remarks section below.
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 8-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 8-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The limitations, under their broadest reasonable interpretation, cover mental process using collected image data based on the visualization of images based on the request (concept performed in a human mind, including as observation, evaluation, judgment, prediction, etc. and mathematical problem solving). This judicial exception is not integrated into a practical application because the steps do not add meaningful limitations to be considered specifically applied to a particular technological problem to be solved. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the steps of the claimed invention can be done mentally and no additional features in the claims would preclude them from being performed as such.
According to the USPTO guidelines, a claim is directed to non-statutory subject matter.
The following analysis is based on the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) published on January 7, 2019 (84 Fed. Reg. 50). See also MPEP 2106.04(a)(2)(II).
Regarding independent claim 8:
Step 1:
Claim 8 meet step 1 requirement as it is directed towards a machine which is statutory subject matter. In this case, “A vehicle”, satisfy machine.
Step 2A, prong 1 test:
Does the claims 8 recites an abstract idea, mathematical concepts, or mental process.
Claim 8 is analyzed to determine whether claim 8 is directed to any judicial exception.
Claim 8 recites:
A system, comprising:
one or more processors configured to: (generic computer hardware/component)
determine that a current location of a moving vehicle corresponds to a predefined image capture location included in an image capture request (mental process of observation, evaluation, judgment based on the data collection of generic image and location sensors which is extra solution activity to determine current location of moving vehicle);
derive a vehicle heading through use of at least one vehicle sensor (mental process of using paper/pencil and data collected from image and sensor deriving and calculating vehicle heading);
determine that the vehicle includes at least one camera having a field-of-view encompassing directionally for imaging identified in the image capture request based at least in part on the sensed heading of the vehicle (mental process of observation, evaluation, judgment, prediction);
responsive to both: (i) the current vehicle location corresponding to the image capture location and (ii) the field-of-view of the camera satisfying the directional imaging requirement based on the vehicle heading, automatically capture an image using the at least one camera (data collection of image sensor and location sensor which is extra solution activity and mental process of observation, evaluation, judgment, prediction to and predict directionality of vehicle to capture image i.e. data collection which is extra solution activity); and
automatically send the image to a backend that issued the image capture request (Extra solution activity of mental process of sending the image).
The above independent claim 8 as drafted, is a process that, under its broadest reasonable interpretation, cover performance of the limitations in the mind as a mental process based on the observations, evaluation, judgement, prediction and thought process and calculation. Furthermore limitations of claim 8 “one or more processors configured to: (generic computer hardware/component), determine that a current location of a moving vehicle corresponds to a predefined image capture location included in an image capture request (mental process of observation, evaluation, judgment based on the data collection of generic image and location sensors which is extra solution activity to determine current location of moving vehicle); derive a vehicle heading through use of at least one vehicle sensor (mental process of using paper/pencil and data collected from image and sensor deriving and calculating vehicle heading); determine that the vehicle includes at least one camera having a field-of-view encompassing directionally for imaging identified in the image capture request based at least in part on the sensed heading of the vehicle (mental process of observation, evaluation, judgment, prediction); responsive to both: (i) the current vehicle location corresponding to the image capture location and (ii) the field-of-view of the camera satisfying the directional imaging requirement based on the vehicle heading, automatically capture an image using the at least one camera (data collection of image sensor and location sensor which is extra solution activity and mental process of observation, evaluation, judgment, prediction to and predict directionality of vehicle to capture image i.e. data collection which is extra solution activity); and automatically send the image to a backend that issued the image capture request (Extra solution activity of mental process of sending the image)” are insignificant.
The Examiner notes that under MPEP 2106.04(A) (2) (III), the courts consider a mental process (thinking, human intelligence) that can be performed in the human mind/intelligence to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit explained, "methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’" 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)). See also Mayo Collaborative Servs. v. Prometheus Labs. Inc., 566 U.S. 66, 71, 101 USPQ2d 1961, 1965 ("‘[Mental processes and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work’" (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parker v. Flook, 437 U.S. 584, 589, 198 USPQ 193, 197 (1978).
Furthermore the Examiner also notes that even if you combined the math with the mental process, a combination of abstract ideas don't make a claim eligible. See MPEP 2106.04(II)(A)(2): Because a judicial exception is not eligible subject matter, Bilski, 561 U.S. at 601, 95 USPQ2d at 1005-06 (quoting Chakrabarty, 447 U.S. at 309, 206 USPQ at 197 (1980)), if there are no additional claim elements besides the judicial exception, or if the additional claim elements merely recite another judicial exception, that is insufficient to integrate the judicial exception into a practical application. See, e.g., RecogniCorp, LLC v. Nintendo Co., 855 F.3d 1322, 1327, 122 USPQ2d 1377 (Fed. Cir. 2017) ("Adding one abstract idea (math) to another abstract idea (encoding and decoding) does not render the claim non-abstract").
The above independent claim 8 as drafted, is a process that, under its broadest reasonable interpretation, cover performance of the limitations in the mind as a mental process based on the observations, evaluation, judgement, prediction and thought process and mathematical calculation/ derivation of location based on the collected data which is insignificant activity, but for generic computer components such as vehicle/processor and image sensor, location and heading sensors recited in the independent claim 8., however nothing in the claim 8 elements preclude the processing from being performed as mental process, or merely based on the observations, evaluation judgement, prediction, thought process and performing mathematical calculation and derivation. The generic computing hardware, image sensor, vehicle location and heading sensors recited in independent claim 8 is a mere idea of a solution without details per MPEP 2106.05( f ) or the idea of a technological environment without detail per MPEP 2106.05 ( h ). The generic computing hardware/software and genric image/heading sensors are recited as just to automate the mental process of mathematical problem solving (Step 2A, prong 1 test Abstract idea= Yes).
Step 2A, prong 2 test:
Claim 8 is then analyzed if it requires an additional elements or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limitation on the judicial exception, such that the claims are more than a drafting effort designed to monopolize the exception – i.e., limitation that are indicative of integration into a practical application: improving to the functioning of a computer or to any other technology or technical field. As noted above independent claim 8 as drafted, is a process that, under its broadest reasonable interpretation, cover performance of the limitations in the mind. as a mental process based on the observations, evaluation, judgement, prediction thought process and performing mathematical calculation and derivation using paper pencil.
The generic computer components, image sensors and other sensor such as image, location and heading sensors recited in independent claim 8 and dependent claims 9 -14 just stands as to automate a human mental process using conventional generic computer/processor components and generic image and location and heading sensors. Furthermore the generic computing hardware, image sensor, vehicle location and heading sensors recited in independent claim 8 is a mere idea of a solution without details per MPEP 2106.05( f ) or the idea of a technological environment without detail per MPEP 2106.05 ( h ).
Claims 8 does not recite any of exemplary considerations that are abstract idea having been integrated into a practical application. As discussed and stated above limitations of claim 8 “”one or more processors configured to: (generic computer hardware/component), determine that a current location of a moving vehicle corresponds to a predefined image capture location included in an image capture request (mental process of observation, evaluation, judgment based on the data collection of generic image and location sensors which is extra solution activity to determine current location of moving vehicle); derive a vehicle heading through use of at least one vehicle sensor (mental process of using paper/pencil and data collected from image and sensor deriving and calculating vehicle heading); determine that the vehicle includes at least one camera having a field-of-view encompassing directionally for imaging identified in the image capture request based at least in part on the sensed heading of the vehicle (mental process of observation, evaluation, judgment, prediction); responsive to both: (i) the current vehicle location corresponding to the image capture location and (ii) the field-of-view of the camera satisfying the directional imaging requirement based on the vehicle heading, automatically capture an image using the at least one camera (data collection of image sensor and location sensor which is extra solution activity and mental process of observation, evaluation, judgment, prediction to and predict directionality of vehicle to capture image i.e. data collection which is extra solution activity); and automatically send the image to a backend that issued the image capture request (Extra solution activity of mental process of sending the image)
The above limitations recited at a high- level generality (i.e. as general action taken based on acquiring) and amounts to mere post solution activity, which is a form of insignificant extra-solution activity without further detail. Furthermore, the claim 8 is claimed generically and is operating in their ordinary capacity such that it does not use the judicial exception in a manner that imposes a meaningful limitation on the judicial exception. Accordingly, even 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. . Therefore claim 8 is no more than abstract idea without significantly more (Step 2A: Prong Two Abstract Idea=Yes).
Step 2B:
Does the claim 8 recites additional elements that amount to significantly than judicial exception?
A stated above independent claim 8 as drafted, is a process that, under its broadest reasonable interpretation, cover performance of the limitations in the mind as a mental process based on the observations, evaluation, judgement, prediction and thought process and mathematical calculation/ derivation of location based on the collected data which is insignificant activity, but for generic computer components such as vehicle/processor and image sensor, location and heading sensors recited in the independent claim 8., however nothing in the claim 8 elements preclude the processing from being performed as mental process, or merely based on the observations, evaluation judgement, prediction, thought process and performing mathematical calculation and derivation. Furthermore the generic computer components, image sensors and other sensor such as image, location and heading sensors recited in independent claim 8 and dependent claims 9 -14 just stands as to automate a human mental process using conventional generic computer/processor components and generic image and location and heading sensors. Furthermore the generic computing hardware, image sensor, vehicle location and heading sensors recited in independent claim 8 is a mere idea of a solution without details per MPEP 2106.05( f ) or the idea of a technological environment without detail per MPEP 2106.05 ( h ).
The limitations of claim 8 is recited at a high- level generality (i.e. as general action taken based on acquiring) and amounts to mere post solution activity, which is a form of insignificant extra-solution activity without details per MPEP 2106.05( f ) or the idea of a technological environment without detail per MPEP 2106.05 ( h ). Further, the claim 8 is claimed generically and is operating in its ordinary capacity such that it does not use the judicial exception in a manner that imposes a meaningful limitation on the judicial exception. Accordingly, even 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.
Consequently, the identified additional element taken into consideration individually or in combination of the steps performed fails to amount to significantly more than the abstract idea above (Step 2B: Abstract Idea=Yes).
Regarding dependent claims 9-14, Claims 9-14 further limit the abstract idea of performance of the limitations in the mind based on mental process of observations, judgement, evaluation, thought process and solving mathematical relationship using paper/pencil. Other than generic and well-known computer components processor, s and generic and well- known image, location and heading sensors components recited in the claims 9-14, however nothing in claims elements preclude the processing from being performed as mental process, or merely based on the observations, evaluation judgement, prediction thought process and solving mathematical relationship, there are no additional elements in the claims that would integrate the abstract idea into a practical application. The claims do not mention any improvement to a computer or to any other technology or technical field. The limitations of claims 9-14 fail to add inventive concept to otherwise mental process. Therefore the dependent claims 9-14 are no more than abstract idea without significantly more.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 8-10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Goluguri (US 20200169762) in view of ZENG et al (US 20220062752).
Regarding claim 8 Goluguri disclose A vehicle comprising (Goluguri Figs. 1 and 2, para. 0015 Goluguri disclose the live-view server 104 obtains live views recorded by one or more cameras 110a-110e positioned on a vehicle 108a-108n (e.g., one or a plurality of vehicles denoted by the dashed line). According to various aspects, a camera 110a may be located at the front of the vehicle, a camera 110b may be located on one or more side of the vehicle, a camera 110c may be located at the rear of the vehicle, a camera 110d may be located externally-facing (e.g., through a windshield, rear window, door window, pillar window, and/or the like) from an interior of the vehicle, and/or a camera 110e may be located on an outer surface (e.g., roof surface, hood surface, trunk surface, and/or the like) of the vehicle. According to various aspects, any of the one or more cameras 110a-110e may be configured to capture live video. Figs 1, 2 and para. 0015, disclose vehicle system) :
one or more processors configured to (Goluguri Figs 1 and 2 para 0014 computing device/computer which includes processor and Fig. 2, para. 0019, lines 1-2 computer system on the vehicle);
determine that a current location of a moving vehicle corresponds to a predefined image capture location included in an image capture request (Goluguri Fig. 2, para, 0019, lines 1-10, Notably, referring to FIG. 2, the computer 112 on a vehicle (e.g., vehicle 108a) may be configured to associate recorded data with live views received from the one or more cameras 110a-110e. According to one aspect, recorded data may include a geophysical location (GPS coordinates) of the vehicle 108a and a time synchronized with that geophysical location as received from a GPS device 202. This in Gologuri system obviously corresponds to determine that a current vehicle location. Goluguri in para. 0026 disclose Referring again to FIG. 4, according to various aspects describe herein, the live-view server 104 may be programmed and/or configured to monitor the movement of the at least one participating vehicle as well as the plurality of participating vehicles (at block 414, e.g., via GPS coordinates). This obviously corresponding to moving vehicle). For example, if the at least one participating vehicle moves away from each location, each structure, and/or each point of interest more than a predefined threshold distance (e.g., distance at which a live view of the particular location, the particular structure, and/or the particular point of interest is no longer viable or visible), the live-view server 104 may be programmed and/or configured to again identify at least one participating vehicle of the plurality of participating vehicles positioned at each location, each structure, or each point of interest (at block 418, e.g., another of the plurality of participating vehicles may be able to provide a live-view closer to the particular location, the particular structure and/or the particular point of interest). In situations where no participating vehicle is available, the live-view server 104 may be programmed and/or configured to identify a most recent view (e.g., video) stored (e.g., in the link database 136) for the particular location, the particular structure, and/or the particular point of interest (at block 416). In either case, upon the identification of a new participating vehicle and/or the identification of a most recent view (e.g. video), the live-view server 104 may be programmed and/or configured to update the live view associated with the dynamic hyperlink previously provided to the third-party service provider server 102 (at block 420). In view of FIG. 1, according to various aspects, the link database 136 associated with the live-view server 104 may be configured to store dynamic hyperlinks (e.g., provided to the third-party service provider 102) in association with continuously updated live views received from vehicles (“Vehicle A”, “Vehicle B” and “Vehicle C” of vehicles 108a-108n) and/or most recent stored views associated with each specific location, each specific structure and/or each specific point of interest being monitored/tracked by the live-view server 104. Furthermore in paragraph 0011 Goluguri FIG. 4 depicts a flow diagram of an illustrative process for tracking or monitoring live views by the live-view server according to one or more embodiments shown and described herein All this in the system of Goluguri corresponds to determine that a current location of a moving vehicle corresponds to a predefined image capture location included in an image capture request
derive a vehicle heading through use of at least one vehicle sensor (Goluguri Figs. 1 and 2, para. 0015 Goluguri disclose the live-view server 104 obtains live views recorded by one or more cameras 110a-110e positioned on a vehicle 108a-108n (e.g., one or a plurality of vehicles denoted by the dashed line). According to various aspects, a camera 110a may be located at the front of the vehicle, Goluguri Fig. 2, para, 0019, lines 1-10, Notably, referring to FIG. 2, the computer 112 on a vehicle (e.g., vehicle 108a) may be configured to associate recorded data with live views received from the one or more cameras 110a-110e. According to one aspect, recorded data may include a geophysical location (GPS coordinates) of the vehicle 108a and a time synchronized with that geophysical location as received from a GPS device 202. Goluguri in para. 0026 disclose Referring again to FIG. 4, according to various aspects describe herein, the live-view server 104 may be programmed and/or configured to monitor the movement of the at least one participating vehicle as well as the plurality of participating vehicles (at block 414, e.g., via GPS coordinates. In the system of Goluguri it would be obvious to derive vehicle heading based on the camera located in the front of vehicle and GPS coordinates provided in the system Gologuri because such a system to heading is conventional and well known in the art);
determine that the vehicle includes at least one camera having a field-of-view encompassing directionally for imaging identified in the image capture request based at least in part on the sensed heading of the vehicle (Goluguri Figs. 1 and 2, para. 0015 Goluguri disclose the live-view server 104 obtains live views recorded by one or more cameras 110a-110e positioned on a vehicle 108a-108n (e.g., one or a plurality of vehicles denoted by the dashed line). According to various aspects, a camera 110a may be located at the front of the vehicle, Goluguri Fig. 2, para, 0019, lines 1-10, Notably, referring to FIG. 2, the computer 112 on a vehicle (e.g., vehicle 108a) may be configured to associate recorded data with live views received from the one or more cameras 110a-110e. According to one aspect, recorded data may include a geophysical location (GPS coordinates) of the vehicle 108a and a time synchronized with that geophysical location as received from a GPS device 202. Goluguri in para. 0026 disclose Referring again to FIG. 4, according to various aspects describe herein, the live-view server 104 may be programmed and/or configured to monitor the movement of the at least one participating vehicle as well as the plurality of participating vehicles (at block 414, e.g., via GPS coordinates). In the system of Goluguri it would be obvious to determine that the vehicle includes at least one camera having a field-of-view encompassing directionally for imaging identified in the image capture request based at least in part on the sensed heading of the vehicle based on the front facing camera and geophysical location (GPS coordinates) provided in the system of Goluguri);
responsive to both: (i) the current vehicle location corresponding to the image capture location and (ii) the field-of-view of the camera satisfying the directional imaging requirement based on the vehicle heading, automatically capture an image using the at least one camera (Goluguri Figs. 1 and 2, para. 0015 Goluguri disclose the live-view server 104 obtains live views recorded by one or more cameras 110a-110e positioned on a vehicle 108a-108n (e.g., one or a plurality of vehicles denoted by the dashed line). According to various aspects, a camera 110a may be located at the front of the vehicle, Goluguri Fig. 2, para, 0019, lines 1-10, Notably, referring to FIG. 2, the computer 112 on a vehicle (e.g., vehicle 108a) may be configured to associate recorded data with live views received from the one or more cameras 110a-110e. According to one aspect, recorded data may include a geophysical location (GPS coordinates) of the vehicle 108a and a time synchronized with that geophysical location as received from a GPS device 202. Goluguri in para. 0026 disclose Referring again to FIG. 4, according to various aspects describe herein, the live-view server 104 may be programmed and/or configured to monitor the movement of the at least one participating vehicle as well as the plurality of participating vehicles (at block 414, e.g., via GPS coordinates. In the system of Goluguri based on based on front facing camera, movement monitoring of participating vehicles and GPS coordinates provided in the system of Goluguri it would obvious to responsive to both: (i) the current vehicle location corresponding to the image capture location and (ii) the field-of-view of the camera satisfying the directional imaging requirement based on the vehicle heading, automatically capture an image using the at least one camera)
and
automatically send the image to a backend that issued the image capture request (Goluguri in Figs. 2 and 4, para 0019 disclose discloses referring to FIG. 2, the computer 112 on a vehicle (e.g., vehicle 108a) may be configured to associate recorded data with live views received from the one or more cameras 110a-110e. According to one aspect, recorded data may include a geophysical location (GPS coordinates) of the vehicle 108a and a time synchronized with that geophysical location as received from a GPS device 202. According to other aspects, recorded data may include sensor data received from one or more sensors configured to sense vehicle-associated parameters. Examples of sensor data include vehicle acceleration data detected by an accelerometer 204, vehicle speed data detected by a speed sensor 206, ambient temperature and/or weather data detected at the geophysical location of the vehicle by a temperature sensor 208, and/or the like. According to such aspects, the computer 112 is further configured to transmit such recorded data, associated with respective live views, to the live-view server 104 (e.g., via the wireless telematic communication unit 116) for updates to information in a link database 136 coupled to the live-view server 104 and Fig. 4 note shows receiving live view image from third party [blocks 402 and 408] and transmitting the link for live view image of point of interest back to third party to third party [block 412] and para 0026 Goluguri disclose Referring again to FIG. 4, according to various aspects describe herein, the live-view server 104 may be programmed and/or configured to monitor the movement of the at least one participating vehicle as well as the plurality of participating vehicles (at block 414, e.g., via GPS coordinates). For example, if the at least one participating vehicle moves away from each location, each structure, and/or each point of interest more than a predefined threshold distance (e.g., distance at which a live view of the particular location, the particular structure, and/or the particular point of interest is no longer viable or visible), the live-view server 104 may be programmed and/or configured to again identify at least one participating vehicle of the plurality of participating vehicles positioned at each location, each structure, or each point of interest (at block 418, e.g., another of the plurality of participating vehicles may be able to provide a live-view closer to the particular location, the particular structure and/or the particular point of interest). In situations where no participating vehicle is available, the live-view server 104 may be programmed and/or configured to identify a most recent view (e.g., video) stored (e.g., in the link database 136) for the particular location, the particular structure, and/or the particular point of interest (at block 416). In either case, upon the identification of a new participating vehicle and/or the identification of a most recent view (e.g. video), the live-view server 104 may be programmed and/or configured to update the live view associated with the dynamic hyperlink previously provided to the third-party service provider server 102 (at block 420). In view of FIG. 1, according to various aspects, the link database 136 associated with the live-view server 104 may be configured to store dynamic hyperlinks (e.g., provided to the third-party service provider 102) in association with continuously updated live views received from vehicles (“Vehicle A”, “Vehicle B” and “Vehicle C” of vehicles 108a-108n . In the system of Goluguri this obviously corresponds to automatically send the image to a backend that issued the image capture request).
Furthermore in the same field of endeavor of vehicle localization ZENG disclose derive a vehicle heading through the use vehicle (ZENG paragraph 0088 ZENG disclose, “the infotainment module 108 determines the location and orientation of the vehicle 101. The infotainment module 108 obtains the present location of the vehicle, such as from the GPS 214. The infotainment module 108 may also obtain a heading and/or orientation of the vehicle 101, such as from the GPS 214, a compass of the vehicle 101, the inertial measurement module 210, and/or images from the external sensors and/or cameras.)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to derive a vehicle heading through the use vehicle sensor such GPS/inertial measurement and camera and it would also obvious in the system of Goluguri to derive a vehicle heading through the use vehicle sensor such GPS coordinates and front facing camera of Goluguri as shown by ZENG because such a system would provides automated system of server for on-demand remote live view of vehicles with heading/orientation of vehicle.
Regarding claim 9 Goluguri disclose the image capture location includes an area defined by a geo-fence (Fig. 2, camera/ GPS for location of vehicle and Fig. 4 blocks 406 and 408, and para 0026 Goluguri disclose Referring again to FIG. 4, according to various aspects describe herein, the live-view server 104 may be programmed and/or configured to monitor the movement of the at least one participating vehicle as well as the plurality of participating vehicles (at block 414, e.g., via GPS coordinates). For example, if the at least one participating vehicle moves away from each location, each structure, and/or each point of interest more than a predefined threshold distance (e.g., distance at which a live view of the particular location, the particular structure, and/or the particular point of interest is no longer viable or visible), the live-view server 104 may be programmed and/or configured to again identify at least one participating vehicle of the plurality of participating vehicles positioned at each location, each structure, or each point of interest (at block 418, e.g., another of the plurality of participating vehicles may be able to provide a live-view closer to the particular location, the particular structure and/or the particular point of interest). In situations where no participating vehicle is available, the live-view server 104 may be programmed and/or configured to identify a most recent view (e.g., video) stored (e.g., in the link database 136) for the particular location, the particular structure, and/or the particular point of interest (at block 416). In either case, upon the identification of a new participating vehicle and/or the identification of a most recent view (e.g. video), the live-view server 104 may be programmed and/or configured to update the live view associated with the dynamic hyperlink previously provided to the third-party service provider server 102 (at block 420). In view of FIG. 1, according to various aspects, the link database 136 associated with the live-view server 104 may be configured to store dynamic hyperlinks (e.g., provided to the third-party service provider 102) in association with continuously updated live views received from vehicles (“Vehicle A”, “Vehicle B” and “Vehicle C” of vehicles 108a-108n) and/or most recent stored views associated with each specific location, each specific structure and/or each specific point of interest being monitored/tracked by the live-view server 104. This obviously corresponds to the image capture location includes an area defined by a geo-fence).
Regarding claim 10 Goluguri disclose vehicle location corresponds to the image capture location based on the vehicle being located within the geofence (Fig. 2, camera/ GPS for location of vehicle and Fig. 4 blocks 406 and 408, and para 0026 Goluguri disclose Referring again to FIG. 4, according to various aspects describe herein, the live-view server 104 may be programmed and/or configured to monitor the movement of the at least one participating vehicle as well as the plurality of participating vehicles (at block 414, e.g., via GPS coordinates). For example, if the at least one participating vehicle moves away from each location, each structure, and/or each point of interest more than a predefined threshold distance (e.g., distance at which a live view of the particular location, the particular structure, and/or the particular point of interest is no longer viable or visible), the live-view server 104 may be programmed and/or configured to again identify at least one participating vehicle of the plurality of participating vehicles positioned at each location, each structure, or each point of interest (at block 418, e.g., another of the plurality of participating vehicles may be able to provide a live-view closer to the particular location, the particular structure and/or the particular point of interest). In situations where no participating vehicle is available, the live-view server 104 may be programmed and/or configured to identify a most recent view (e.g., video) stored (e.g., in the link database 136) for the particular location, the particular structure, and/or the particular point of interest (at block 416). In either case, upon the identification of a new participating vehicle and/or the identification of a most recent view (e.g. video), the live-view server 104 may be programmed and/or configured to update the live view associated with the dynamic hyperlink previously provided to the third-party service provider server 102 (at block 420). In view of FIG. 1, according to various aspects, the link database 136 associated with the live-view server 104 may be configured to store dynamic hyperlinks (e.g., provided to the third-party service provider 102) in association with continuously updated live views received from vehicles (“Vehicle A”, “Vehicle B” and “Vehicle C” of vehicles 108a-108n) and/or most recent stored views associated with each specific location, each specific structure and/or each specific point of interest being monitored/tracked by the live-view server 104. This obviously corresponds to vehicle location corresponds to the image capture location based on the vehicle being located within the geofence)
Regarding claim 14 Goluguri disclose determination that the vehicle includes the at least one camera having the field-of-view encompassing directionally for imaging is based at least in part on a vehicle heading (Golugur Figs 1-2, para. 0015 disclose According to various aspects described herein, the live-view server 104 obtains live views recorded by one or more cameras 110a-110e positioned on a vehicle 108a-108n (e.g., one or a plurality of vehicles denoted by the dashed line). According to various aspects, a camera 110a may be located at the front of the vehicle, a camera 110b may be located on one or more side of the vehicle, a camera 110c may be located at the rear of the vehicle, a camera 110d may be located externally-facing (e.g., through a windshield, rear window, door window, pillar window, and/or the like) from an interior of the vehicle, and/or a camera 110e may be located on an outer surface (e.g., roof surface, hood surface, trunk surface, and/or the like) of the vehicle. According to various aspects, any of the one or more cameras 110a-110e may be configured to capture live video. In the system of Goluguri this obviously corresponds to determination that the vehicle includes the at least one camera having the field-of-view encompassing directionally for imaging is based at least in part on a vehicle heading).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Goluguri (US 20200169762) in view of ZENG et al. (US 20220062752) and further in view of Boss et al. (US 20170146354).
Regarding claim 11 Goluguri disclose analyze the image to confirm that at least one charging point appears in the image, prior to sending the image to the backend responsive to the confirmation (Goluguri Fig. 4, para 0026 disclose analyze the image to confirm that at least one point of interest appears in the image, prior to sending the image to the backend responsive to the confirmation and para. 0018 searching for live view image of vehicle or any structure. Therefor it would obvious in the system of Goluguri to obtain live view of charging point).
In the same field of endeavor Boss disclose analyze the image to confirm that at least one charging point appears in the image, prior to sending the image to the backend responsive to the confirmation (Boss Figs. 2A-3 AND 8-9 paragraph 0049-0050 analyze the image to confirm that at least one charging point appears in the image, prior to sending the image to the backend responsive to the confirmation).
Therefore it would be obvious before the filing data of the claimed invention to use teaching of Boss of object detection of confirm that at least one charging point appears in the image, prior to sending the image to the backend responsive to the confirmation because such a system provide automated service for the electric charge for the vehicles on the road.
Regarding claim 12 Goluguri disclose responsive to the analysis not providing confirmation that the at least one charging point appears in the image, automatically capturing an additional image using the at least one camera and repeating the analysis (Goluguri Fig. 4 para. 0026 Referring again to FIG. 4, according to various aspects describe herein, the live-view server 104 may be programmed and/or configured to monitor the movement of the at least one participating vehicle as well as the plurality of participating vehicles (at block 414, e.g., via GPS coordinates). For example, if the at least one participating vehicle moves away from each location, each structure, and/or each point of interest more than a predefined threshold distance (e.g., distance at which a live view of the particular location, the particular structure, and/or the particular point of interest is no longer viable or visible), the live-view server 104 may be programmed and/or configured to again identify at least one participating vehicle of the plurality of participating vehicles positioned at each location, each structure, or each point of interest (at block 418, e.g., another of the plurality of participating vehicles may be able to provide a live-view closer to the particular location. This corresponds to analysis not providing confirmation that the at least one point of interest vehicle/structure appears in the image, automatically capturing an additional image using the at least one camera and repeating the analysis).
In the same field of endeavor Boss obtaining/providing of additional images of vehicles included charging exchange if the one not available and repeating analysis (Boss Abstract, Figs. 2B and paragraph 0043-0044 and 0049-0050).
Therefore it would be obvious before the filing data of the claimed invention to use teaching of Boss in the system of Goluguri to responsive to the analysis not providing confirmation that the at least one charging point appears in the image, automatically capturing an additional image using the at least one camera and repeating the analysis to the alternate vehicle charge point (charge exchange vehicle) because such a system provide automated service for the electric charge for the vehicles on the road.
Regarding claim 13 Goluguri disclose predefined image capture location includes a geographic proximity around a known charging point location, both the proximity and charging point location identified in the image capture request (Goluguri Fig 4. para Goluguri disclose identify at least one vehicle at each location structure or point of interest, para 0026 identify at least one participating vehicle of the plurality of participating vehicles positioned at each location, each structure, or each point of interest (at block 418, e.g., another of the plurality of participating vehicles may be able to provide a live-view closer to the particular location. In the system of Goluguri each vehicle or point of interest can obviously charging point or electric charge exchange vehicle).
In the same field of endeavor Boss disclose predefined image capture location includes a geographic proximity around a known charging point location, both the proximity and charging point location identified in the image capture request (Boss Therefore it would be obvious before the filing data of the claimed invention to use teaching of Boss in the system of Goluguri disclose in Fig. 2B and 8-9 paragraph 0003, 0038 and 0043).
Therefore it would be obvious before the filing data of the claimed invention to use teaching of Boss in the system of Goluguri predefined image capture location includes a geographic proximity around a known charging point location, both the proximity and charging point location identified in the image capture request because such a system because such a system provide automated service for the electric charge for the vehicles on the road.
Remarks
In the Applicant's response dated 3/52026, the argued the following regarding rection under 35 USC 101 .
With respect to the claims being directed to an abstract idea, claim 8 requires, inter alia, determining camera field-of-view relative to the requested imaging direction, evaluating vehicle heading, triggering image capture by vehicle cameras, and transmitting the captured image to a backend system. These operations require vehicle sensors, processors, and cameras and cannot practically be performed in the human mind. Reasoning based on simply considering individual inputs conflates human knowledge of individual inputs with the claimed automated control system. The claims do not merely determine information about vehicle position or camera orientation. Rather, the claims use vehicle sensors to automatically control image acquisition based on real-time spatial relationships between a moving vehicle, a capture location, and the directional field-of-view of a camera.
As noted above in the analysis and claim 8 rejection under 35 USC 101 The independent claim 8 as drafted, is a process that, under its broadest reasonable interpretation, cover performance of the limitations in the mind as a mental process based on the observations, evaluation, judgement, prediction and thought process and calculation. Furthermore limitations of claim 8 “one or more processors configured to: (generic computer hardware/component), determine that a current location of a moving vehicle corresponds to a predefined image capture location included in an image capture request (mental process of observation, evaluation, judgment based on the data collection of generic image and location sensors which is extra solution activity to determine current location of moving vehicle); derive a vehicle heading through use of at least one vehicle sensor (mental process of using paper/pencil and data collected from image and sensor deriving and calculating vehicle heading); determine that the vehicle includes at least one camera having a field-of-view encompassing directionally for imaging identified in the image capture request based at least in part on the sensed heading of the vehicle (mental process of observation, evaluation, judgment, prediction); responsive to both: (i) the current vehicle location corresponding to the image capture location and (ii) the field-of-view of the camera satisfying the directional imaging requirement based on the vehicle heading, automatically capture an image using the at least one camera (data collection of image sensor and location sensor which is extra solution activity and mental process of observation, evaluation, judgment, prediction to and predict directionality of vehicle to capture image i.e. data collection which is extra solution activity); and automatically send the image to a backend that issued the image capture request (Extra solution activity of mental process of sending the image)” are insignificant.
The above independent claim 8 as drafted, is a process that, under its broadest reasonable interpretation, cover performance of the limitations in the mind as a mental process based on the observations, evaluation, judgement, prediction and thought process and mathematical calculation/ derivation of location based on the collected data which is insignificant activity, but for generic computer components such as vehicle/processor and image sensor, location and heading sensors recited in the independent claim 8., however nothing in the claim 8 elements preclude the processing from being performed as mental process, or merely based on the observations, evaluation judgement, prediction, thought process and performing mathematical calculation and derivation. The generic computing hardware, image sensor, vehicle location and heading sensors recited in independent claim 8 is a mere idea of a solution without details per MPEP 2106.05( f ) or the idea of a technological environment without detail per MPEP 2106.05 ( h ). The generic computing hardware/software and generic image/heading sensors are recited as just to automate the mental process of mathematical problem solving.
Claims 8 does not recite any of exemplary considerations that are abstract idea having been integrated into a practical application. The limitations of claim 8 is recited at a high- level generality (i.e. as general action taken based on acquiring) and amounts to mere post solution activity, which is a form of insignificant extra-solution activity without details per MPEP 2106.05( f ) or the idea of a technological environment without detail per MPEP 2106.05 ( h ). Further, the claim 8 is claimed generically and is operating in its ordinary capacity such that it does not use the judicial exception in a manner that imposes a meaningful limitation on the judicial exception. Accordingly, even 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Communication
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/ISHRAT I SHERALI/Primary Examiner, Art Unit 2667
ISHRAT I. SHERALI
Examiner
Art Unit 2667
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