DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/26/2025 has been entered.
Response to Amendment
Applicant’s “Amendment” filed on 11/26/2025 has been considered.
Claims 21, 24-26, 33, 36, and 37 are amended. Claims 21-40 remain pending in this application and an action on the merits follow.
Applicant’s response by virtue of amendment to claims has not overcome the Examiner’s rejection under 35 USC § 101.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21 and 33 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. the specification does not describe and support the updated trip model data and the determined amount of wear are input into a machine learning model…output a replacement cycle…to include a predicted time…”. Specification only describes a general concept of machine learning process (paragraphs 130-234). However, specification does not describe the specification limitation including “the updated trip model data and the determined amount of wear are input into a machine learning model as input data and the machine learning model is configured to output a replacement cycle for the at least one vehicle component that has been dynamically adjusted based upon the updated trip model data and the determined amount of wear to include a predicted time until replacement of the at least one vehicle component as a result of the driving trip”.
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 21-40 are rejected under 35 USC 101. The claimed invention is directed to non-statutory subject matter because claims 21 and 33 are directed to an abstract idea without significantly more. Claims 22-32 and 34-40 fail to remedy these deficiencies.
The claims 21 and 33 recite receiving, for a driving trip of a user, real-time vehicle telematics data, processing the vehicle telematics data to update trip model and determine the amount of wear, dynamically adjusting a replacement cycle by utilizing a machine learning model, determining a maintenance contribution, comparing the determined maintenance contribution to a system-defined maintenance contribution threshold, and causing an amount corresponding to the maintenance contribution threshold to be transferred to the maintenance account, wherein the maintenance account is partitioned to hold funds.
The claims 21 and 33 recite processing to update trip model data, determining the amount of wear, dynamical adjusting, determining a maintenance contribution, comparing, and transferring steps as drafted, are processes that under broadest reasonable interpretation, cover performance of the limitation in the mind, managing commercial interactions and fundamental economic practices but for the recitation of generic computer components. That is, other than reciting “the computer system comprising a processor and a non-transitory, tangible, computer-readable storage medium in communication with the processor and having instructions stored thereon that, in response to execution by the processor, cause the processor to perform operations”, “one or more sensors associated with the vehicle”, “at least one vehicle component“, and “an interface presented on a mobile communications device associated with the user, the interface being associated with software present on the mobile communications device”, nothing in the claim element precludes the steps from practically being performed in the mind and by organizing human activity. For example, but for “the computer system, a processor, the at least one vehicle component, the non-transitory, tangible, computer-readable storage medium, the interface presented on the mobile communications device, and the one or more sensors” in the context of these claims encompasses a person manually updates trip model data and determines the amount of wear base on the received vehicle telematics data, dynamically generates the adjusted replacement cycle thru a machine learning model, determines a maintenance contribution, compares the maintenance contribution to a system-defined maintenance contribution threshold, and transfers an amount based on a comparison result. Although a machine learning model is used, such use is both generic and conventional. The ability of a graphical user interface to receive selections and output data is generic. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind and by managing personal behavior but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas and the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
The limitation of inputting data to a machine learning model to output a replacement cycle step as drafted, are processes that under broadest reasonable interpretation, cover performance of the limitation by utilizing mathematical algorithms/functions but for the recitation of generic computer components. That is, other than reciting “the computer system, a processor, the at least one vehicle component, the non-transitory, tangible, computer-readable storage medium, the interface presented on the mobile communications device, and the one or more sensors”, nothing in the claim element precludes the steps from practically being performed by utilizing mathematical algorithms. For example, but for the “the computer system, a processor, the at least one vehicle component, the non-transitory, tangible, computer-readable storage medium, the interface presented on the mobile communications device, and the one or more sensors” language, in the context of these claims encompasses a user manually applies the mathematical algorithms/machine learning model to yield the replacement cycle based on the inputted data. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation by utilizing mathematical algorithms/functions but for the recitation of generic computer components, then it falls within the “Mathematical Concepts” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application because receiving vehicle telematics data for a driving trop of a user step is recited at a high level of generality (i.e., as a general means of receiving telematics data) and amounts to mere data gathering, which is a form of insignificant extra-solution activity. This judicial exception is not integrated into a practical application because the claims as a whole merely describe how to generally “apply” the concept of receiving, processing to update trip model and determine the amount of wear, dynamically adjusting, determining, comparing, and transferring in a computer environment. The claimed computer components such as the computer system, the processor, the vehicle component, the storage medium, the mobile communications device, and the one or more sensors are recited at a high level of generality and are merely invoked as tools to perform receiving, processing to update trip model and determine the amount of wear, dynamically adjusting, determining, comparing, and transferring steps. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims 21 and 33 are directed to an abstract idea.
The claims 21 and 33 do 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 of using the computer system, the processor, the vehicle component, the storage medium, the mobile communications device, and the one or more sensors to perform receiving, processing to update trip model and determine the amount of wear, dynamically adjusting, determining, comparing, and transferring steps amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Therefore, the claim does not amount to significantly more than the recited abstract idea (Step 2B: NO). The claims 21 and 33 are not patent eligible.
Claims 22-24, 27-29, 31-32, 34-36, and 38-39, disclose insignificant helpful content to further describe content, such as the rate of wear determination details, a replacement cycle and the replacement cost calculation, a updated replacement cycle determination, an updated plurality of periodic maintenance contribution recalculation, the plurality of periodic maintenance contribution is associated with a plurality of trip cost, storing record in a plurality of blocks of blockchains, depositing/transferring on a periodic basis, and a software type to display information, which are merely descriptive content to further limit the abstract idea but not make it less abstract. Thus, the claims 22-24, 27-29, 31-32, 34-36, and 38-39 are directed to an abstract idea.
This judicial exception is not integrated into a practical application because descriptive content in claims 22-24, 27-29, 31-32, 34-36, and 38-39 further limit the abstract idea but not make it less abstract. Thus, the claims 22-24, 27-29, 31-32, 34-36, and 38-39 are directed to an abstract idea.
There are no additional claim element limitations recited in the claims 22-24, 27-29, 31-32, 34-36, and 38-39. Therefore, the claim does not amount to significantly more than the recited abstract idea (Step 2B: NO). The claims22-24, 27-29, 31-32, 34-36, and 38-39 are not patent eligible.
The claims 25-26, 30, 37, and 40 recite the steps of displaying an estimated replacement data, an estimated replacement cost, a total amount allocated, and a difference, receiving selections to allocate maintenances contributions, identifying a first user and a second user, allocating a first plurality of maintenance contribution to the first user, and allocating a second plurality of maintenance contribution to the second user steps.
The claims 25-26, 30, 37, and 40 recite displaying, selecting to allocate, identifying users, and allocating different maintenance contribution to the identified different users as drafted, are processes that under broadest reasonable interpretation, cover performance of managing commercial interactions and fundamental economic practices. That is, other than reciting “a client device”, nothing in the claim element precludes the steps from practically being performed by organizing human activity. For example, but for the “a client device” in the context of these claims encompasses a person manually collects information associated with a plurality of vehicle components, an estimated replacement data, an estimated replacement cost, a total amount allocated, and a difference to be displayed on a paper/board/screen, allocates contributions to the selected components, identifies users, and allocated different contributed based on the identified different users. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation by managing personal behavior but for the recitation of generic computer components, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas.. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because collecting information to display step is recited at a high level of generality (i.e., as a general means of collecting telematics data) and amounts to mere data gathering, which is a form of insignificant extra-solution activity. This judicial exception is not integrated into a practical application because the claims as a whole merely describe how to generally “apply” the concept of displaying, selecting, identifying, and allocating in a computer environment. The claimed computer component such as the client device is recited at a high level of generality and is merely invoked as a tool to perform displaying, selecting, identifying, and allocating steps. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims 25-26, 30, 37, and 40 are directed to an abstract idea.
The claims 25-26, 30, 37, and 40 do 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 of using the client device to perform displaying, selecting, identifying, and allocating steps amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Therefore, the claim does not amount to significantly more than the recited abstract idea (Step 2B: NO). The claims 25-26, 30, 37, and 40 are not patent eligible.
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 21-24, 26-28, and 32-38 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2021/0215491 to Liu et al., in view of U.S. Patent No. 10,692,056 to Garner et al., in view of U.S. Patent No. 9,514,577 to Ahn et al., and further in view of U.S. Patent Application Publication No. 2020/0286187 to Munir et al.
With regard to claims 21 and 33, Liu discloses computer system for monitoring usage of vehicle components of a vehicle using real-time vehicle telematics data and automatically allocating maintenance contributions corresponding to the usage amongst a plurality of users of the vehicle, the computer system comprising a processor and a non-transitory, tangible, computer-readable storage medium in communication with the processor and having instructions stored thereon that, in response to execution by the processor, cause the processor to perform operations comprising (Fig. 2-3, abstract. A system and method for vehicle sharing include a vehicle having sensors, a vehicle computing system (VCS) including a processor and a memory communicating with the sensor and programmed to store sensor data associated with a vehicle sharing trip, and a human-machine interface (HMI) communicating with the VCS and displaying a vehicle sharing trip cost using the sensor data associated with vehicle and/or vehicle component wear and tear incurred during the trip, trip cost savings based on the pricing method):
receiving, for a driving trip of a user of the plurality of users using the vehicle, real- time vehicle telematics data of the vehicle collected by one or more sensors associated with the vehicle, the one or more sensors configured to detect a condition of at least one vehicle component of a plurality of vehicle components of the vehicle, wherein the condition is based in part upon an amount of wear to the at least one vehicle component resulting from the driving trip (paragraphs 3, 23, and 64, In various embodiments, a vehicle sharing method or system includes sensors and a processor programmed to receive sensor data associated with operation of a vehicle by a vehicle sharing user during a trip and calculate a vehicle sharing cost associated with anticipated maintenance of a vehicle component based on the sensor data from the trip, historical information and customer characteristics (e.g. repeated ride-sharing customers, or the years of owning a vehicle). The processor may be further programmed to communicate the vehicle sharing cost for display on a vehicle HMI. The present disclosure recognizes that more accurate estimation or determination of “wear and tear” may be provided using sensors, networked vehicle computers, and a low cost connection to webservers on the internet. In addition, vehicles currently have many sensors whose outputs can be used to estimate “wear and tear” based on the individual driving behaviors of a vehicle sharing user. According to various embodiments of the present disclosure, wear and tear and associated costs can be estimated or determined directly by corresponding sensor signals on specific components, such as brake pad wear sensors, or by training neural network or wear models based on the physics and statistics of vehicle operating events by monitoring vehicle conditions, periodically measuring wear, and inputting the data into a cloud-based web service that can estimate the parameters using known statistical approaches. );
processing the vehicle telematics data to (i) update trip model data corresponding to the driving trip, and (ii) determine the amount of wear of the at least one vehicle component resulting from the driving trip and attributable to the user (paragraphs 64 and 67-68, Components or systems may be selected for monitoring and modeling based on types and costs of maintenance and repairs. The wear and tear models used to determine vehicle sharing cost may be adjusted accordingly based on the type of component and types of wear associated with particular vehicle operation. Road map databases containing information about road construction or condition relevant to tire wear, as well as weather information sensors and weather reports from the internet may be used to provide information about ambient conditions. These inputs are provided to a tire wear model that may estimate tread life and project the total wear for a particular trip and/or use of the vehicle. These inputs can be used to estimate timing belt wear and associated maintenance/repair cost attributed to a particular vehicle use or trip.);
determining, based upon the dynamically adjusted replacement cycle, a maintenance contribution to be contributed by the user associated with the vehicle, the maintenance contribution as determined in connection with the dynamically adjusted replacement cycle (paragraphs 61, Braking system 810 includes a fluid reservoir 842 with a fluid level sensor or switch. Low brake fluid level, which may be detected by the fluid level sensor or switch may accelerate brake wear and contribute to additional maintenance/repair costs that may be accounted for by the cloud-based or VCS-based models based on the sensor data.).
However, Liu does not disclose wherein the updated trip model data and the determined amount of wear are input into a machine learning model as input data and the machine learning model is configured to output a replacement cycle for the at least one vehicle component that has been dynamically adjusted based upon the updated trip model data and the determined amount of wear to include a predicted time until replacement of the at least one vehicle component as a result of the driving trip, determining, a maintenance contribution…; determining whether the maintenance contribution satisfies a system-defined maintenance contribution threshold; and…causing an amount corresponding to the maintenance contribution threshold to be transferred from a source account of the user to the maintenance account, wherein the maintenance account is partitioned on a component-by-component basis and configured to hold funds associated with the replacement cost until the end of the dynamically adjusted replacement cycle.
However, Garner teaches determining, a maintenance contribution to be contributed by the user to a maintenance account associated with the vehicle, the maintenance contribution corresponding to a portion of a replacement cost to replace the at least one vehicle component (Each of the one or more accounts 122 of the respective users may be linked to one or more accounts 122 linked to one or more network enabled properties 102 respectively. Rules are administered setting timing of withdrawals as well as withdrawal amounts from one or more user accounts 122 to one or more accounts 122 linked to a network enabled property 102 at 206. The amounts withdrawn are deposited into accounts 122 linked to one or more network enabled properties 102. lines In one example of administering rules, the withdrawal amounts from accounts 122 linked to one or more users 106 and deposited in an account linked to a network enabled property 102 are equal to the replacement cost of the network enabled property 102 over the amount of time equal to the expected life of the network enabled property 102. In a specific example, a home treadmill machine has an expected life of ten years and the accounts 122 linked to two users 106 respectively both have a set monthly withdrawal amount equal to the expected cost of a replacement treadmill machine divided by one-hundred and twenty months, col. 8, lines 52-57, col. 10, lines 51- col. 11, lines 33); comparing the determined maintenance contribution to a system-defined maintenance contribution threshold (In some arrangements, a threshold can be set where the amount needed for repair exceeds the threshold and triggers a change in withdrawal amounts to account for an anticipated replacement. Examiner notes that a threshold can be set where the amount needed for repair exceeds the threshold and triggers a change in withdrawal amounts to account for an anticipated replacement, which is considered as “comparing the determined maintenance contribution to a system-defined maintenance contribution threshold”, Col. 7, lines 19-53 and col. 13, lines 5-8, lines 30- 52); and based upon a determination that the maintenance contribution satisfies the system-defined maintenance contribution threshold, causing an amount corresponding to the maintenance contribution threshold to be transferred from a source account of the user to the maintenance account (Examiner notes that a fund transferring message including details and purpose of the fund is a well-known technique. In one example of administering rules, the withdrawal amounts from accounts 122 linked to one or more users 106 and deposited in an account linked to a network enabled property 102 are equal to the replacement cost of the network enabled property 102 over the amount of time equal to the expected life of the network enabled property 102. Usage information from multiple users 106 can be used to dynamically rebalance the withdrawn amount from each of their respective accounts 122 for the amounts to correspond to a percentage of usage of the network enabled property 102. In some arrangements, a threshold can be set where the amount needed for repair exceeds the threshold and triggers a change in withdrawal amounts to account for an anticipated replacement., Col. 6, lines 46-63, Col. 7, lines 19-53).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu to include, determining, a maintenance contribution…; comparing the determined maintenance contribution to a system-defined maintenance contribution threshold; and…causing an amount corresponding to the maintenance contribution threshold to be transferred from a source account of the user to the maintenance account, as taught in Garner, in order to withdrawn amounts by taking into account the percentage of use of each individual user (Garner, col. 10, lines 26-30).
However, Ahn teaches wherein the updated trip model data and the determined amount of wear are input into a machine learning model as input data and the machine learning model is configured to output a replacement cycle for the at least one vehicle component that has been dynamically adjusted based upon the updated trip model data and the determined amount of wear to include a predicted time until replacement of the at least one vehicle component as a result of the driving trip (As described herein, an aspect of the present invention includes integrating economic considerations to develop an optimized component replacement policy relying on a cumulative wear-based indicator for a vehicular component. At least one embodiment of the invention includes obtaining and/or receiving, as input, (i) a set of input time series, each of which represents a history of lifetime wear indicator functions and cumulative runtime (for example, in hours) for a vehicular component; and (ii) multiple economic parameters for profit and/or cost optimization, wherein the economic parameters can include scheduled and unscheduled component repair costs, as well as variable costs per unit runtime (for example, fuel cost per unit runtime, and/or revenue per unit runtime). Based on such input, at least one embodiment of the invention includes generating a component replacement policy for a vehicular component that includes a lifetime wear indicator function and a corresponding threshold value for indicating a time to replace the component. A Neural Network Integrated Decision Support System for Condition-Based Optimal Predictive Maintenance Policy, col. 3, lines 21-39).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu to include, wherein the updated trip model data and the determined amount of wear are input into a machine learning model as input data and the machine learning model is configured to output a replacement cycle for the at least one vehicle component that has been dynamically adjusted based upon the updated trip model data and the determined amount of wear to include a predicted time until replacement of the at least one vehicle component as a result of the driving trip, as taught in Ahn, in order to develop a component replacement policy relying on a cumulative wear-based indicator for a vehicular component (Ahn, col. 1, lines 34-46).
However, Munir teaches wherein the maintenance account is partitioned on a component-by-component basis and configured to hold funds associated with the replacement cost until the end of the dynamically adjusted replacement cycle (a financial account may be associated with one or more connected devices to offset or pay for maintenance, repairs and/or replacement of the connected devices. For example, when a consumer (or “user”) purchases a new connected device, the connected device is linked to a device maintenance, repair, and/or replacement account for the consumer at a financial services provider. In some examples, the financial account may include a plurality of sub-accounts, with each respective sub-account assigned to each linked connected device. In some examples, device financing unit 14 may establish the financial account upon identifying the connected device. The financial account may be a sub-account of a pre-existing financial account provided by the financial services provider (e.g., a pre-existing checking or savings account). According to aspects of this disclosure, device financing unit 14 may generate a sub-account by transmitting an electronic offer to generate the sub-account to an electronic device associated with the user. Device financing unit 14 may automatically transfer funds to the financial account associated with the connect device 18 at the rate of contribution from another account of the user and maintained by computing device 12. Examiner notes that a plurality of sub-accounts of the financial account is associated with one or more connected devices to offset or pay for maintenance, repairs and/or replacement of the connected devices, which can be considered as “the maintenance account is partitioned on a component-by-component basis and configured to hold funds associated with the replacement cost until the end of the dynamically adjusted replacement cycle”, Fig. 2, paragraphs 13-14, 23, and 70).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu to include, wherein the maintenance account is partitioned on a component-by-component basis and configured to hold funds associated with the replacement cost until the end of the dynamically adjusted replacement cycle, as taught in Munir, in order to provide efficient savings techniques for repairing or replacing a connected device (Munir, paragraph 3).
With regard to claims 22 and 34, Liu discloses analyzing the vehicle telematics data associated with the at least one vehicle component to determine a rate of wear of the at least one vehicle component (abstract and paragraph 85, Data received from vehicle sensors and/or service tools and external vehicle-related sensors may be compared to expected relationships between various operating parameters to detect wear and tear and related anticipated maintenance/repair costs.); and determining, based upon the rate of wear, a time remaining until replacement of the at least one vehicle component (paragraph 78, determine the state of health of the battery and the remaining life of the battery under different use conditions).
With regard to claims 23 and 35, the combination of references discloses calculating, in connection with the dynamically adjusted replacement cycle and the replacement cost, a plurality of periodic maintenance contributions to the maintenance account corresponding to the driving trip and prior driving trips of the user using the vehicle, including: dividing the dynamically adjusted replacement cycle into a plurality of replacement intervals, each of the plurality of replacement intervals associated with one of the plurality of periodic maintenance contributions; and dividing the replacement cost by a total number of replacement intervals to obtain an amount associated with each of the plurality of periodic maintenance contributions (Garner, col. 8, lines 52-57, col. 10, lines 51- col. 11, lines 33, a set monthly withdrawal amount equal to the expected cost of a replacement treadmill machine divided by one-hundred and twenty months).
With regard to claims 24 and 36, Liu discloses the instructions further cause the processor to perform operations comprising causing, prior to a start of the driving trip, display of information relating to at least one of the at least one vehicle component and the source account via an interface of software present on a mobile communications device associated with the user, and wherein the software is at least one of (i) a web browser, for viewing and interacting with a webpage and (ii) an app (Fig. 8-9, paragraphs 81-83, Data collected by an external sensor or service tool 910 may be wirelessly transferred as indicated at 930 to a vehicle embedded modem 932 or other computer or processor of the VCS. Various types of wireless communication may be used, such as Bluetooth Low Energy (BLE), for example. The vehicle embedded modem 932 may act as a hub to transfer sensor data 940 to a linked or connected mobile device 928. The vehicle embedded modem 932 may also transfer data directly or indirectly (through mobile device 928) to the CDN for analysis and processing to detect and price wear and tear for the vehicle sharing trip or rental period as previously described).
With regard to claims 26 and 37, the combination of references discloses the instructions further cause the processor to perform operations comprising receiving, from a mobile communications device associated with the user, vehicle component data representative of one or more of the plurality of vehicle components to which a plurality of periodic maintenance contributions should be allocated (Garner, Fig. 1, col. 12, lines 52-col. 13, lines 8, transferring periodic transfers of financial instruments to an account 122 linked to one or more vehicles based at least on expected lifetime and/or amount of use by one or more users is shown according to an example embodiment. Examiner notes that the network enabled properties includes vehicles components).
With regard to claims 27 and 38, the combination of references discloses the instructions further cause the processor to perform operations comprising dynamically adjusting the replacement cycle by determining, based upon updated vehicle telematics data corresponding to the updated trip model data, an updated replacement cycle associated with the at least one vehicle component (Garner, col. 5, lines 63-67, and col. 7, lines 19-53).
With regard to claim 28, the combination of references discloses recalculating, based upon the updated replacement cycle and the replacement cost, an updated plurality of periodic maintenance contributions, wherein the maintenance contribution is one of the updated plurality of periodic maintenance contributions (Garner, col. 2, lines 7-26 and col. 7, lines 19-53, the usage of the product affects one of a service life, maintenance schedule, replacement schedule, or replacement of consumables within the product or device).
With regard to claim 32, the combination of references discloses the maintenance contribution is one of a plurality of periodic maintenance contributions, and each periodic maintenance contribution of the plurality of periodic maintenance contributions is transferred to the maintenance account on a periodic basis over a period of time based upon the dynamically adjusted replacement cycle (Garner, col. 6, lines 63-67, In another example of administering rules, the withdrawal amounts are equal to an amount or estimated amount of the cost of maintenance of the network enabled property 102 over the amount of time matching a maintenance schedule of the network enabled property 102.).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2021/0215491 to Liu et al., U.S. Patent No. 10,692,056 to Garner et al., U.S. Patent No. 9,514,577 to Ahn et al., and U.S. Patent Application Publication No. 2020/0286187 to Munir et al., and further in view of Japan Patent Application Publication No. JP 2018/010379 to Tanaka.
With regard to claim 25, the combination of references substantially disclose the claimed invention, however, the combination of references does not disclose an option to select one or more of the plurality of vehicle components to which one or more of a plurality of periodic maintenance contributions should be allocated; an estimated replacement date of the one or more of the plurality of vehicle components; an estimated replacement cost associated with the one or more of the plurality of vehicle components; a total amount allocated to each of the one or more of the plurality of vehicle components based upon the one or more of the plurality of periodic maintenance contributions applied to each of the one or more of the plurality of vehicle components; and a difference between the total amount allocated to each of the one or more of the plurality of vehicle components and a component replacement cost associated with each of the one or more of the plurality of vehicle components.
However, Tanaka teaches an option to select one or more of the plurality of vehicle components to which one or more of a plurality of periodic maintenance contributions should be allocated; an estimated replacement date of the one or more of the plurality of vehicle components; an estimated replacement cost associated with the one or more of the plurality of vehicle components; a total amount allocated to each of the one or more of the plurality of vehicle components based upon the one or more of the plurality of periodic maintenance contributions applied to each of the one or more of the plurality of vehicle components; and a difference between the total amount allocated to each of the one or more of the plurality of vehicle components and a component replacement cost associated with each of the one or more of the plurality of vehicle components (On the other hand, when the object 20 is an automobile tire, the switch ON / OF in the electrical appliance. Examiner notes that on/off switch to monitor the tire of the automobile is considered as “an option to select one or more of a plurality of vehicle components to which one or more of the plurality of periodic maintenance contributions should be allocated”. notifying the replacement timing and replacement price of the target object owned by the user at an appropriate timing. Examiner notes that fig. 3 shows the replacement timing and replacement price of the target object, which is considered as “an estimated replacement cost associated with the one or more of plurality of vehicle components”, page 2, lines 19-20, page 8, line 29, Fig. 1 and Fig. 3)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a system for dynamic savings based on actual use for network enabled properties of Garner to include, an option to select one or more of the plurality of vehicle components to which one or more of a plurality of periodic maintenance contributions should be allocated; an estimated replacement date of the one or more of the plurality of vehicle components; an estimated replacement cost associated with the one or more of the plurality of vehicle components; a total amount allocated to each of the one or more of the plurality of vehicle components based upon the one or more of the plurality of periodic maintenance contributions applied to each of the one or more of the plurality of vehicle components; and a difference between the total amount allocated to each of the one or more of the plurality of vehicle components and a component replacement cost associated with each of the one or more of the plurality of vehicle components, as taught in Tanaka, in order to effective for preparation of funds for replacement of an object (Tanaka, technical-field).
Claims 29-30 and 39-40 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2021/0215491 to Liu et al., U.S. Patent No. 10,692,056 to Garner et al., U.S. Patent No. 9,514,577 to Ahn et al., and U.S. Patent Application Publication No. 2020/0286187 to Munir et al., and further in view of U.S. Patent Application Publication No. 2016/0379310 to Madigan et al.
With regard to claims 29 and 39, the combination of references discloses the claimed invention, however, the combination of references does not disclose determining, based upon the vehicle telematics data, a plurality of trip costs associated with a plurality of driving trips of the user and the at least one vehicle component; aggregating the plurality of trip costs; determining that a total associated with the aggregated plurality of trip costs exceeds the system-defined maintenance contribution threshold; and automatically transferring, in response, the maintenance contribution, wherein the maintenance contribution is a most recent maintenance contribution of a plurality of periodic maintenance contributions to the maintenance account.
However, Madigan teaches determining, based upon the vehicle telematics data, a plurality of trip costs associated with a plurality of driving trips of the user and the at least one vehicle component; aggregating the plurality of trip costs; determining that a total associated with the aggregated plurality of trip costs exceeds the system-defined maintenance contribution threshold; and automatically transferring, in response, the maintenance contribution, wherein the maintenance contribution is a most recent maintenance contribution of a plurality of periodic maintenance contributions to the maintenance account (Fig. 6 and Fig.7D, paragraphs 26, 40-42, 65, 96-97, 99, 104, and 152. examiner notes that multiple trips cost in a day can be considered as “aggregating the trip cost”. Once the balance of risk units reaches a predetermined threshold, the number of risk units may be replenished. Examiner notes that total consumed risk unit cost can be considered as “a total cost of trips”. Examiner notes that the remaining risk units cost is below a predetermined threshold, which is considered as “a total cost of trips …exceeds a maintenance contribution threshold”. Examiner notes that risk units consumed during trips can be considered as the total cost of trips. Therefore, the message instructs to purchase and deposit risk units (i.e., the total cost of trips) into an account, which can be considered as “the message including the total cost of trips, the message instructing … transfer a maintenance contribution payment representing the total cost of trips”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a system for dynamic usage of Liu and Garner to include, determining, based upon the vehicle telematics data, a plurality of trip costs associated with a plurality of driving trips of the user and the at least one vehicle component; aggregating the plurality of trip costs; determining that a total associated with the aggregated plurality of trip costs exceeds the system-defined maintenance contribution threshold; and automatically transferring, in response, the maintenance contribution, wherein the maintenance contribution is a most recent maintenance contribution of a plurality of periodic maintenance contributions to the maintenance account, as taught in Madigan, in order to provide one or more recommendations for improving (e.g., reducing) consumption rate (Madigan, paragraph 6).
With regard to claims 30 and 40, the combination of references discloses the claimed invention, however, the combination of references does not disclose automatically identifying, based upon the vehicle telematics data, the user of the vehicle and a second user of the vehicle, the vehicle telematics data including data identifying one of the user and the second user as a driver of the vehicle; automatically allocating a first plurality of maintenance contributions to the user based upon the vehicle telematics data and whether the user is identified as the driver of the vehicle; and automatically allocating a second plurality of maintenance contributions to the second user based upon the vehicle telematics data and whether the second user is identified as the driver of the vehicle.
However, Madigan teaches automatically identifying, based upon the vehicle telematics data, the user of the vehicle and a second user of the vehicle, the vehicle telematics data including data identifying one of the user and the second user as a driver of the vehicle; automatically allocating a first plurality of maintenance contributions to the user based upon the vehicle telematics data and whether the user is identified as the driver of the vehicle; and automatically allocating a second plurality of maintenance contributions to the second user based upon the vehicle telematics data and whether the second user is identified as the driver of the vehicle (paragraph 71, Sensor 311 also may be configured to collect data identifying a current driver from among a number of different possible drivers); allocating a first plurality of maintenance contributions to the first user based upon the telematics data and whether the first user is identified as the driver of the vehicle (paragraphs 79 and 85); and allocating a second plurality of maintenance contributions to the second user based upon the telematics data and whether the second user is identified as the driver of the vehicle ((paragraphs 79 and 85, for example, after driver, vehicle, and/or driving trip is determined by a vehicle-based device and/or mobile device, corresponding information may be transmitted to the insurance server 350 to perform insurance offer and cost determinations, determine consumption rate of risk units. Examiner notes that driving date can be used to identify different drivers and after a driver is determined, cost determination is offered to the identified driver).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a system for dynamic usage of Liu and Garner to include, automatically identifying, based upon the vehicle telematics data, the user of the vehicle and a second user of the vehicle, the vehicle telematics data including data identifying one of the user and the second user as a driver of the vehicle; automatically allocating a first plurality of maintenance contributions to the user based upon the vehicle telematics data and whether the user is identified as the driver of the vehicle; and automatically allocating a second plurality of maintenance contributions to the second user based upon the vehicle telematics data and whether the second user is identified as the driver of the vehicle, as taught in Madigan, in order to provide one or more recommendations for improving (e.g., reducing) consumption rate (Madigan, paragraph 6).
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2021/0215491 to Liu et al., U.S. Patent No. 10,692,056 to Garner et al., U.S. Patent No. 9,514,577 to Ahn et al., and U.S. Patent Application Publication No. 2020/0286187 to Munir et al., and further in view of in view of U.S. Patent No. 2017/0054611 to Tiell.
With regard to claim 31, the combination of references substantially discloses the claimed invention, however, the combination of references does not disclose storing a plurality of groups of vehicle telematics data obtained over a period of time in a plurality of blocks of a blockchain.
However, Tiell teaches storing a plurality of groups of vehicle telematics data obtained over a period of time in a plurality of blocks of a blockchain (Claim 2 teaches using a blockchain with the data. Figure 1 teaches receiving data from a vehicle. Paragraph [0022] teaches collecting telematics data).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a system for dynamic usage of Liu and Garner to include, storing a plurality of groups of vehicle telematics data obtained over a period of time in a plurality of blocks of a blockchain, as taught in Tiell, in order to utilize the blockchain protocol for providing a secure and reliable method of updating copies (Tiell, paragraph 57).
Response to Arguments
Applicants' arguments filed on 11/26/2025 have been fully considered but they are not fully persuasive especially in light of the new art applied in the rejections.
Applicants remark that “Applicant respectfully submits that no combination of Garner, Tanaka, and Munir describes or suggests at least "the updated trip model data and the determined amount of wear are input into a machine learning model as input data and the machine learning model is configured to output a replacement cycle for the at least one vehicle component that has been dynamically adjusted based upon the updated trip model data and the determined amount of wear to include a predicted time until replacement of the at least one vehicle component as a result of the driving trip; …the maintenance account is partitioned on a component-by-component basis and configured to hold funds associated with the replacement cost until the end of the dynamically adjusted replacement cycle”.
Examiner directs Applicants' attention to the office action above.
Applicants remark that “At least the above recitations in Claim 21 (and similarly for independent Claim 33) are respectfully submitted to reflect improvements in machine learning models and/or to the technology field of telematics such as vehicle telematics. Accordingly, Applicant respectfully submits that Claims 21-40 are eligible under 35 U.S.C. § 101”.
Examiner does not agree. The claim limitation does not, for example, purport to improve the functioning of the computer itself. Nor does it effects an improvement in any other technology or technical field. Training a machine learning model and apply this trained model is generic data process. They do not describe any particular improvement in the manner a computer functions. Instead, the claim amounts to nothing significantly more than using collected vehicle components data on a computer to determine replacement cycles and apply those determinations to efficiently transfer/save/deposit maintenance contributions. Under our precedents, that is not enough to transform an abstract idea into a patent-eligible invention.
As we determine herein, the claims 21-40 are directed to achieving the result of managing maintenance contributions by utilizing the replacement cycle generated from the machine learning model, as distinguished from a technological improvement for achieving or applying that result. Although a machine learning model is used, such use is both generic and conventional. The object of the claims is to manage maintenance contributions for components, not to produce technology enabling a machine learning model to operate. The claims call for generic use of such a model in the manner such models conventionally operate. Simply reciting a particular technological module or piece of equipment in a claim does not confer eligibility.
Conclusion
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/ARIEL J YU/Primary Examiner, Art Unit 3627