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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lubeck et al (U.S. 2009/0176508) and further in view of KO et al (U.S. 2020/0005240).
1. As per claims 1,17,18 Lubeck disclosed an information processing device comprising:
a receiver configured to acquire a transportation request requesting transportation of an object to be transported by a vehicle [the requester simply makes a request to be transported (or requests an item to be transported) using a smart MD equipped with software effective for accomplishing this request.] (Paragraph. 0020), including type data indicating whether the object to be transported is a passenger or a cargo [The request may contain additional information such as the destination location of the transportation request, the method of payment, and specific characteristics of what is to be transported. Characteristics may also include the number of individuals to be transported, the size and weight of packages to be delivered, a future time for the service to be performed and/or the type of material to be transported.] (Paragraph. 0029),
a controller configured to:
determine whether the object to be transported is the passenger or the cargo based on the type data [the requester receives responses to this message type containing information including location of transporters, the identity of the transporter acknowledged to service request, service fare, and credit card authorization status] (Paragraph. 0042).
Determine, based on the transportation request, a start point candidate for starting transportation of the object to be transported and an end point candidate for ending transportation of the object to be transported [Public Transportation on Scheduled Routes: here the transporter is a vehicle traveling along a predetermined scheduled route (examples include subway trains, light rail trains, commuter trains, ferries, trucks, and buses). The transporter's MD may periodically send location data to the CS, the data including the location of the vehicle, a unique identifier of the MD and a time stamp. The real-time route location is disseminated by the CS to user mobile devices who wish to observe the transporter locations.] (Paragraph. 0041). Examiner interpreted “a start point candidate” as pick up/origin and “an end point candidate” as drop-off/destination address.
calculate one or more driving route candidates, wherein each driving route candidate passes through the end point candidate after passing through the start point candidate [analyzing the geographic location information at the selected time intervals using the computer; comparing the analyzed location information with the scheduled location of the at least one vehicle along the predetermined route; and calculating the time-of-arrival of the at least one vehicle at the chosen location.] (Paragraph. 0012), [ Transporter Message periodically sent by transporter MD with Heartbeat information including the most recent location, whereby the location is stored in the computer; the transporter receives a response to this message type containing information including location of requesters, payment type of cash or payment type of credit card, and authorization status. Dispatcher Message periodically sent by the dispatcher; the Get dispatcher receives a response to this message type Information containing information including location of requesters (optional) and transporters. Dispatcher The dispatcher sends a service request from a Request requester who placed the request from a telephone, (optional) whereby the request and location information is stored in the computer network. Dispatch The dispatcher signals that the transporter is to pick up (optional) the requester, wherein the requester and the transporter are identified; the dispatcher is prevented from sending another dispatch message identifying the same requester or transporter] (Table-US-0001), and
extract a driving route from among the driving route candidates [Computer 104 analyzes the time-varying geographic location data, matches the locations with bus schedules, and computes times-of-arrival and other route information. This information may be transmitted to traveler 408 where it is displayed on his or her cell phone in real time] (Paragraph. 0045).
a transmitter configured to output the extracted driving route,
wherein the vehicle is caused to proceed along the extracted driving route in response to the transmitter outputting the extracted driving route transportation related to the passenger transportation request is completed, based on the driving route candidate [In another aspect of the present invention, and in accordance with its objects and purposes, the method for obtaining time-of-arrival information for at least one transportation vehicle following a predetermined route at a chosen location on the route, hereof, includes: providing a wireless communications network for routing messages; providing a computer for processing information in cooperation with the wireless communications network; sending the geographic location of the chosen location on the route using a first communications device] (Paragraph. 0012).
However Lubeck did not disclose in detail, “based on a travel time until end of transportation of the passenger who is the object to be transported in a case of determining that the object to be transported is the passenger, and based on a movement cost of the vehicle in a case of determining that the object to be transported is the cargo, wherein the controller is configured to dynamically update, in real time, between time-based criteria for passenger transportation and cost-based criteria for cargo transportation.
In the same field of endeavor KO disclosed, “The vehicle route planning unit 133 specifies a delivery route and a cost relating to deliveries for each combination of a candidate for a relay place between the areas and a relay time in the candidate for the relay place and specifies the delivery route as a vehicle route using the cost as an index (for example, a low cost). At this time, when each of the delivery vehicles arrives at the candidate for the relay place, the vehicle route planning unit 133 gives priority to the delivery route in which the number of cargos of in-area deliveries in which a delivery place is in a previous area is small. On the other hand, when each of the delivery vehicles does not include a cargo of an in-area delivery when arriving at the candidate for the relay place, the vehicle route planning unit 133 specifies the delivery route such that the driver who drives the delivery vehicle transfers to another delivery vehicle that arrives at the candidate for the relay place from another area and continues the delivery in the same area (Paragraph. 006).
It would have been obvious to one having ordinary skill in the art before the effective filing date was made to have incorporated the vehicle route planning unit 133 specifies a delivery route and a cost relating to deliveries for each combination of a candidate for a relay place between the areas and a relay time in the candidate for the relay place and specifies the delivery route as a vehicle route using the cost as an index (for example, a low cost). At this time, when each of the delivery vehicles arrives at the candidate for the relay place, the vehicle route planning unit 133 gives priority to the delivery route in which the number of cargos of in-area deliveries in which a delivery place is in a previous area is small. On the other hand, when each of the delivery vehicles does not include a cargo of an in-area delivery when arriving at the candidate for the relay place, the vehicle route planning unit 133 specifies the delivery route such that the driver who drives the delivery vehicle transfers to another delivery vehicle that arrives at the candidate for the relay place from another area and continues the delivery in the same area as taught by KO in the method and system of Lubeck to increase efficiency of routing of the vehicle based on the passengers or cargo movements.
2. As per claim 2 Lubeck -KO disclosed wherein the controller
3. As per claims 3,20 Lubeck -KO disclosed wherein the controller is configured to preferentially extract a driving route candidate with a lower movement cost as the driving route, than a driving route candidate with a higher movement cost from the driving route candidate, in a case of determining that the object to be transported is the cargo (KO, Paragraph. 0041). Claim 3 has the same motivation as to claim 1.
4. As per claim 4 Lubeck-KO disclosed wherein the controller
5. As per claim 5 Lubeck-KO disclosed wherein the controller is configured calculate, as the travel time for each driving route candidate, a value obtained by summing a calculated time over the passenger transportation request, wherein the calculated time is calculated based on the driving route candidate and is a time from a timing when the passenger transportation request is confirmed or a timing when the passenger transportation request is acquired to a scheduled timing when transportation related to the passenger transportation request is completed(Lubeck, Paragraph. 0012).
6. As per claim 6 Lubeck -KO disclosed wherein the controller is configured to calculate, as the movement cost for each driving route candidate, a scheduled driving distance or a scheduled driving time during the vehicle travels along the driving route candidate, based on the driving route candidate (Lubeck, Paragraph. 0045).
7. As per claim 7 Lubeck-KO disclosed wherein the controller is configured to calculate, as the movement cost for each driving route candidate, a value obtained by summing a scheduled driving distance or a scheduled driving time of the vehicle over entire vehicles, which are calculated based on the driving route candidate (Lubeck, Paragraph. 0029).
8. As per claim 8 Lubeck-KO disclosed wherein the controller
9. As per claim 9 Lubeck-KO disclosed wherein the transportation request includes a desired end timing at which a user desires to end transportation of the object to be transported, the controller is configured to extract the driving route from the driving route candidate for which a difference between a scheduled timing when the vehicle arrives at an end point candidate for ending transportation of the object to be transported and the desired end timing is equal to or less than a predetermined threshold (Lubeck, Paragraph. 0036-0037).
10. As per claim 10 Lubeck-KO disclosed wherein the transportation request includes a desired start timing at which a user desires to start transportation of the object to be transported, the controller is configured to extract the driving route from the driving route candidate for which a difference between a scheduled timing when the vehicle arrives at a start point candidate for starting transportation of the object to be transported and the desired start timing is equal to or less than a predetermined threshold (Lubeck, Paragraph. 0036-0037).
11. As per claim 11 Lubeck-KO disclosed wherein the predetermined threshold when the object to be transported is the cargo is set larger than the predetermined threshold when the object to be transported is the passenger (KO, Paragraph. 0039). Claim 11 has the same motivation as to claim 1.
12. As per claim 12 Lubeck-KO disclosed wherein the type data includes at least one of: information identifying an information terminal that sent the transportation request, information identifying an application that generated the transportation request, and information identifying a user operation related to the transportation request (Lubeck, Paragraph. 0011).
13. As per claim 13 Lubeck-KO disclosed further comprising; a database that associates and stores the vehicle and the extracted driving route, wherein the controller is configured to update the driving route stored in the database
14. As per claim 14 Lubeck-KO disclosed wherein after the controller determines that the object to be transported is the passenger, the controller: calculates the driving route candidate, extracts the driving route candidate in which a maximum number of passengers of the vehicle when the vehicle travels on the driving route candidate is equal to or less than a predetermined number of passengers, based on the transportation request, and extracts the driving route from the extracted driving route candidate based on the travel time (Lubeck, Paragraph. 0029).
15. As per claim 15 Lubeck-KO disclosed wherein after the controller determines that the object to be transported is the cargo, the controller:predetermined amount, based on the transportation request, and extracts the driving route from the extracted driving route candidate based on the movement cost (Lubeck, Paragraph. 0012 and 0029).
16. As per claims 16,19 Lubeck-KO disclosed, wherein after the controller calculates the driving route candidate, the controller determines whether the object to be transported is the passenger or the cargo, in a case that the controller determines that the object to be transported is the passenger (Lubeck, Paragraph. 0029), the controller: extracts the driving route candidate in which a maximum number of passengers of the vehicle when the vehicle travels on the driving route candidate is equal to or less than a predetermined number of passengers, based on the transportation request (Lubeck, Paragraph. 0012), and extracts the driving route from the extracted driving route candidate based on the travel time, in a case that the controller determines that the object to be transported is the cargo, the controller: extracts the driving route candidate in which a maximum load of the vehicle when the vehicle travels on the driving route candidate is equal to or less than a predetermined amount, based on the transportation request, and extracts the driving route from the extracted driving route candidate based on the movement cost (Lubeck, Paragraph. 0045).
Response to Arguments
17. Applicant's arguments filed 03/17/2026 have been fully considered but they are not persuasive. Response to applicant’s argument as follows.
A. Applicant argued that prior final rejection is improper in accordance with M.P.E.P 706.07 as the rejection od claims 1-20 under AIA 35 U.S.C. 103 is new grounds of rejection that is not necessitated by amendments.
As to applicant’s argument prior final rejection was proper in accordance with M.P.E.P 706.07 that was necessitated by the amendments.
B. Applicant argued that there is no motivation and suggestion to combine the references.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, KO in the method and system of Lubeck to increase efficiency of routing of the vehicle based on the passengers or cargo movements.
C. Applicant argued that prior art did not disclose, “determine whether the object to be transported is the passenger or the cargo based on the type of data”.
As to applicant’s argument Lubeck disclosed, “Characteristics may also include the number of individuals to be transported, the size and weight of packages to be delivered, a future time for the service to be performed and/or the type of material to be transported. The identification and location may be communicated periodically” (Paragraph. 0029).
D. Applicant argued that prior art did not disclose, “calculate one or more driving route candidates, “wherein each driving route candidate passes through the end point candidate after passing though the start point candidate”.
As to applicant’s argument Lubeck disclosed, “providing a computer for processing information in cooperation with the wireless communications network; sending the geographic location of the chosen location on the route using a first communications device; sending the geographic location for each vehicle of the at least one transportation vehicle at selected time intervals using a wireless mobile communications device located thereon to the computer through the wireless communications network; analyzing the geographic location information at the selected time intervals using the computer; comparing the analyzed location information with the scheduled location of the at least one vehicle along the predetermined route; and calculating the time-of-arrival of the at least one vehicle at the chosen location” (Paragraph. 0012).
E Applicant argued that, “a single vehicle fleet that handles both passenger and cargo transportation, route selection criteria that differ based on whether the object is a passenger or cargo, any dynamic optimization applicable to a mixed-loading scenario”.
As to applicant’s argument KO disclosed, “The check box 402 displays a list of delivery vehicles and receives selection of multiple delivery vehicles whose vehicle routes are to be displayed on the map display region 404. When multiple delivery vehicles are selected in the check box 402, the vehicle routes of the corresponding delivery vehicles are displayed to overlap the map display region 404 (Paragraph. 0111)
F. Applicant argued that prior art did not disclose, “calculation and comparison of multiple driving candidates”.
As to applicant’s argument Lubeck disclosed, “In another aspect of the present invention, and in accordance with its objects and purposes, the method for obtaining time-of-arrival information for at least one transportation vehicle following a predetermined route at a chosen location on the route, hereof, includes: providing a wireless communications network for routing messages; providing a computer for processing information in cooperation with the wireless communications network; sending the geographic location of the chosen location on the route using a first communications device; sending the geographic location for each vehicle of the at least one transportation vehicle at selected time intervals using a wireless mobile communications device located thereon to the computer through the wireless communications network; analyzing the geographic location information at the selected time intervals using the computer; comparing the analyzed location information with the scheduled location of the at least one vehicle along the predetermined route; and calculating the time-of-arrival of the at least one vehicle at the chosen location” (Paragraph. 0012).
G. Applicant argued that prior art did not disclose, ““based on a travel time until end of transportation of the passenger who is the object to be transported in a case of determining that the object to be transported is the passenger, and based on a movement cost of the vehicle in a case of determining that the object to be transported is the cargo, wherein the controller is configured to dynamically update, in real time, between time-based criteria for passenger transportation and cost-based criteria for cargo transportation”.
As to applicant’s argument KO disclosed, “The vehicle route planning unit 133 specifies a delivery route and a cost relating to deliveries for each combination of a candidate for a relay place between the areas and a relay time in the candidate for the relay place and specifies the delivery route as a vehicle route using the cost as an index (for example, a low cost). At this time, when each of the delivery vehicles arrives at the candidate for the relay place, the vehicle route planning unit 133 gives priority to the delivery route in which the number of cargos of in-area deliveries in which a delivery place is in a previous area is small. On the other hand, when each of the delivery vehicles does not include a cargo of an in-area delivery when arriving at the candidate for the relay place, the vehicle route planning unit 133 specifies the delivery route such that the driver who drives the delivery vehicle transfers to another delivery vehicle that arrives at the candidate for the relay place from another area and continues the delivery in the same area (Paragraph. 006)”.
Conclusion
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examiner should be directed to Adnan Mirza whose telephone number is (571)-272-3885.
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/ADNAN M MIRZA/Primary Examiner, Art Unit 3667
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