DETAILED ACTION
Statement of claims
The present amended application include :
Claims 1, 3 and 4 were amended.
Claims 5 was added.
Claims 1-5 remain pending in the application. Claims 1-5 are being considered on the merits.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/23/2023, 02/22/2024, 11/18/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed on 10/23/2023.
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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Under Step 2A, Prong 1, Claim 1 recites A management system that manages grid computing processing , the management system comprising: a memory ; and a controller, the controller performs “prediction processing of predicting a temporal change in the calculation capability available in the grid computing processing of each of the plurality of arithmetic devices on a basis of the calculation capability information and the operation status information.”, “matching processing of allocating, to the job data corresponding to the job selected by the user in the selection processing among the plurality of jobs, the arithmetic device that is available in the grid computing processing and is owned by the user among the plurality of arithmetic devices on a basis of a result of the prediction processing and a result of the selection processing” . The limitations of “predicting” , “matching processing of allocating” is a process that, under their broadest reasonable interpretation, covers performance of the limitation in the mind, but for the recitation of generic computer components. That is, other than reciting “system”, “grid computing processing”,” arithmetic devices”, “memory”, “controller” , “the controller performs”, “job ” , “result”, “the user”, nothing in the claim element precludes the step from practically being performed in a human mind or with the aid of pen and paper. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas (concepts performed in the human mind including an observation, evaluation, judgment, and opinion).
Under Prong 2, The judicial exception is not integrated into a practical application.
The additional elements “causing an arithmetic device that is available among a plurality of arithmetic devices each of which is owned by a user, is mounted on a vehicle, enters an operation state when the vehicle is traveling, and enters a stop state when a power supply of the vehicle is turned off, to process job data”, “wherein the memory has stored therein calculation capability information indicating a calculation capability of each of the plurality of arithmetic devices and operation status information indicating an operation status of each of the plurality of arithmetic devices”, “selection processing of presenting a job list that introduces a plurality of jobs to the user and allowing the user to select the job for which the calculation capability of the arithmetic device owned by the user is desired to be provided from the jobs introduced by the job list,”, which “causing … “ , “…indicating …” and “presenting …” , amounts to data gathering and display which is considered to be insignificant extra solution activity (MPEP 2106.05(g).
The additional element of " arithmetic device “, “vehicle “, “power supply of the vehicle”, “memory”, “selection processing” , “job list”, “jobs to the user”, “calculation capability” are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, 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. (see MPEP 2106.05(f)). The claim is directed to an abstract idea.
Under Step 2B,
The claim does not include additional elements that are sufficient to amount significantly more than the judicial exception. The limitations ““causing … “ , “…indicating …” and “presenting …” are Well-Understood, Routine and Conventional. See at least MPEP § 2106.05(d)(ll) “The courts have recognized the following computer functions as well-understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. i. Receiving or transmitting data over a network, e.g., using the Internet to gather data”. That is, in the instant claims these limitations merely receive data which is Well-Understood, Routine and Conventional.
Therefore, claim 1 as a whole does not amount to significantly more than the judicial exception. Consequently, claim 1 is not eligible
Further claim 2 recite the additional element “wherein the job list introduces the plurality of jobs and an incentive given to the user by providing the calculation capability of the arithmetic device to each of the plurality of jobs” are insignificant extra-solution activity (e.g. selecting a particular data source or type of data to be manipulated, insignificant application), which do not integrate a judicial exception into practical application. See MPEP 2106.05(d). The additional element of “providing” merely recite the generic computer or computer components for carrying out or applying the abstract idea . Accordingly, these additional elements, does not integrate a judicial exception into practical application, do not amount to significantly more than the abstract idea, thus cannot provide an inventive concept.
Further claim 3 recite the additional element “wherein the controller recommends, to the user, the job according to a preference of the user among the plurality of jobs in the selection processing.”, are insignificant extra-solution activity (e.g. selecting a particular data source or type of data to be manipulated, insignificant application), which do not integrate a judicial exception into practical application. See MPEP 2106.05(d). The additional element of “recommends” merely recite the generic computer or computer components for carrying out or applying the abstract idea . Accordingly, these additional elements, does not integrate a judicial exception into practical application, do not amount to significantly more than the abstract idea, thus cannot provide an inventive concept.
Claims 4-5 :
Similar analysis as claims 1 and 3 applies to claims 4-5.
For at least these reasons, claims 1-5 are not patent eligible.
Double Patenting
Claims 1 and 4 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of copending Application No. 18/287,914 in view of with Hoshihara et al.( US 2013/0218402). Although the claims at issue are not identical, they are not patentably distinct from each other . See below for a detail comparison and explanation:
Current Application 18/287,892
copending Application 18/287,914
1. (Currently Amended) A management system that manages grid computing processing of causing an arithmetic device that is available among a plurality of arithmetic devices , each ofwhich is owned by a user, ismounted on avehicle, enters anoperation state when the vehicle is traveling, and enters a stop state when a power supply ofthe vehicle is turned off, to process job data, the management system comprising:
a memory ; and a controller, wherein the memory memorizes has stored therein calculation capability information indicating a calculation capability of each of the plurality of arithmetic devices and operation status information indicating an operation status of each of the plurality of arithmetic devices, and the controller performs prediction processing of predicting a temporal change in the calculation capability available in the grid computing processing of each of the plurality of arithmetic devices on a basis of the calculation capability information and the operation status information,
selection processing of presenting a job list that introduces a plurality of jobs to the user and allowing the user to select the job for which the calculation capability of the arithmetic device owned by the user is desired to be provided from the jobs introduced by the job list, and
matching processing of allocating, to the job data corresponding to the job selected by the user in the selection processing among the plurality of jobs, the arithmetic device that is available in the grid computing processing and is owned by the user among the plurality of arithmetic devices on a basis of a result of the prediction processing and a result of the selection processing.
1.(Currently Amended) A management system that manages grid computing processing of causing an arithmetic device that is available among a plurality of arithmetic devices, each of which is mounted on a vehicle, enters an operation state when the vehicle is traveling, and enters a stop state when a power supply ofthe vehicle is turned off, to process job data, the management system comprising:
a memory ; and a controller, wherein the memory unit memorizes has stored therein calculation capability information indicating a calculation capability of each of the plurality of arithmetic devices and operation status information indicating an operation status of each of the plurality of arithmetic devices, and the controller performs, prediction processing of predicting a temporal change in the calculation capability available in the grid computing processing of each of the plurality of arithmetic devices on a basis of the calculation capability information and the operation status information, and
job acceptance processing of accepting the job data requested for calculation by a client
matching processing of allocating the arithmetic device available in the grid computing processing among the plurality of arithmetic devices to the job data accepted in the job acceptance processing on a basis of a result of the prediction processing.
4.(Currently Amended) A management method of managing, by a computer, grid computing processing of causing an arithmetic device that is available among a plurality of arithmetic devices , each of which is owned by a user, is mounted on a vehicle, enters an operation state when the vehicle is traveling, and enters a stop state when a power supply of the vehicle is turned off, to process job data, the management method comprising:
a prediction step of predicting, by the computer, a temporal change in the calculation capability available in the grid computing processing of each of the plurality of arithmetic devices on a basis of calculation capability information indicating a calculation capability of each of the plurality of arithmetic devices and operation status information indicating an operation status of each of the plurality of arithmetic devices;
a selection step of presenting, by the computer, a job list that introduces a plurality of jobs to the user and allowing the user to select the job for which the calculation capability of the arithmetic device owned by the user is desired to be provided from the jobs introduced by the job list; and
a matching step of allocating, by the computer, to the job data corresponding to the job selected by the user in the selection step among the plurality of jobs, the arithmetic device that is available in the grid computing processing and is owned by the user among the plurality of arithmetic devices on a basis of a result of the prediction step and a result of the selection step.
5.(Currently Amended) A management method of managing, by a computer, grid computing processing of causing an arithmetic device that is available among a plurality of arithmetic devices, each of which is mounted on a vehicle, enters an operation state when the vehicle is traveling, and enters a stop state when a power supply of the vehicle is turned off, to process job data, the management method comprising:
a prediction step of predicting, by the computer, a temporal change in a calculation capability available in the grid computing processing of each of the plurality of arithmetic devices on a basis of calculation capability information indicating the calculation capability of each of the plurality of arithmetic devices and operation status information indicating an operation status of each of the plurality of arithmetic devices;
a job acceptance step of accepting, by the computer, the job data requested for calculation by a client; and
a matching step of allocating, by the computer, the arithmetic device that is available in the grid computing processing among the plurality of arithmetic devices to the job data accepted in the job acceptance step on a basis of a result of the predicting step.
As to claims 1 and 4 and 1 and 5, the only differences between the current application and the copending Application No. 18/287,914 is the limitation of: a selection step of presenting, by the computer, a job list that introduces a plurality of jobs to the user and allowing the user to select the job for which the calculation capability of the arithmetic device owned by the user is desired to be provided from the jobs introduced by the job list. Howerver , Hoshihara teaches a selection step of presenting, by the computer, a job list that introduces a plurality of jobs to the user and allowing the user to select the job for which the calculation capability of the arithmetic device owned by the user is desired to be provided from the jobs introduced by the job list ( see rejection of claim 1 below) . Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the copending Application No. 18/287,914 with Hoshihara et al.( US 2013/0218402) because it would allow to have “ an advantage of being able to provide a vehicle with a driving environment enabling traveling without the trouble due to charging shortage, enabling battery charge of the electric vehicle without fail (See Hoshihara para 09 and 11).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
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) 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Hoshihara et al. (US 2013/0218402, Hoshihara hereinafter) in view of Xu Zhang et al. “An Integrated Framework on Autonomous-EV Charging and Autonomous Valet Parking (AVP) Management System” , Zhang hereinafter , Electronic publication date, print publication date 2022-01-20.
As to claim 1, Hoshihara teaches a management system that manages grid computing processing (e.g., see FIG. 6, “spot C and spot B”, para 68, “a visiting spot of an electric vehicle. FIG. 6(a) shows a usual visiting spot of a driver, and FIG. 6(b) shows an occurrence of unusual visiting. In FIG. 6, the driver usually drives the electric vehicle to travel between spot C and spot B (see FIG. 6(a))”) of causing an arithmetic device that is available among a plurality of arithmetic devices, each of which is mounted on a vehicle (e.g., see FIG. 1, para 31, “an arithmetic unit 6” for “ the body 1 of an electric vehicle incorporating a navigation system 2 “and “The arithmetic unit 6, which carries out calculations” in para 39 ) , enters an operation state when the vehicle is traveling, and enters a stop state when a power supply of the vehicle is turned off, to process job data (e.g., para [0039] The arithmetic unit 6, which carries out calculations of the individual processing in the navigation system 2, estimates the usual charging spot, charge start time and charging duration taken for the charge of the battery 14, for example, and retains them in the storage unit 5 as a learning result.” and
“the vehicle is in a parking state that enables charging” , “the power consumed by the traveling “ in para 96, 98 and FIG. 8, “state”, Running”, “parking”. Thus, the “charge start time, and the charging duration “ include the job data “, the “state”, Running”, “parking” include the state, therefore an operation state when the vehicle is traveling, and enters a stop state when a power supply of the vehicle is turned off) , the management system comprising:
a memory (e.g., “a storage unit 5”, FIG. 1); and
a controller (e.g., “6”, FIG. 1 and FIG. 2, para , 41, “In FIG. 2, the arithmetic unit 6 comprises “ , “a learning processing unit 24, a decision processing unit 25 and a charge guidance processing unit 26”), wherein
the memory has stored therein calculation capability information indicating a calculation capability of each of the plurality of arithmetic devices (e.g., para [0039] The arithmetic unit 6, which carries out calculations of the individual processing in the navigation system 2, estimates the usual charging spot, charge start time and charging duration taken for the charge of the battery 14, for example, and retains them in the storage unit 5 as a learning result “) and operation status information indicating an operation status of each of the plurality of arithmetic devices (e.g., see FIG. 7, “State”, “running”, “parking”, Charging”, para 69, wherein “parking and charging and the visiting spots of an electric vehicle, which corresponds to FIG. 6(a). Incidentally, the upper half of FIG. 7 shows the states of the electric vehicle with respect to time, and the lower half shows parking spots (visiting spots) of the electric vehicle with respect to time”, therefore operation status information indicating an operation status), and
the controller performs
selection processing of presenting a job list that introduces a plurality of jobs to the user and allowing the user to select the job for which the calculation capability of the arithmetic device owned by the user is desired to be provided from the jobs introduced by the job list (e.g., see para 55 “ the functions of the foregoing components in the charge guidance processing programs by the arithmetic unit 6 which is a computer for realizing the navigation system 2, for example.” and “displays on the display unit 8 a selection screen for selecting the charging spot at which the frequency of executing the charging processing is not less than the prescribed number of times, its charge start time, and the charging duration required to provide an HMI for causing a user to select the charging spot, charge start time and charging duration using the input unit 7, so that the user can select the appropriate charging spot, charge start time and charging duration.” ,“ a plurality of spots”, “a parking lot where a plurality of vehicles can park at random” , The arithmetic unit 6, which carries out calculations of the individual processing in the navigation system 2, estimates the usual charging spot,” in para 39, 62, 67 and “.
Thus, the “functions” include the “a job list that introduces a plurality of jobs” for “a plurality of vehicles” coupled with “displays on the display unit 8 “, “a plurality of spots” , “ user to select the charging spot” for “number of times” , “results”, therefore a job list that introduces a plurality of jobs to the user and allowing the user to select the job for which the calculation capability of the arithmetic device owned by the user is desired to be provided from the jobs introduced by the job list) , and
matching processing of allocating, to the job data corresponding to the job selected by the user in the selection processing among the plurality of jobs, the arithmetic device that is available in the grid computing processing (e.g., see FIG. 6, “spot C and spot B”, para 68, a visiting spot of an electric vehicle. FIG. 6(a) “, “ FIG. 6, the driver usually drives the electric vehicle to travel between spot C and spot B (see FIG. 6(a)”.Thus, matching processing of allocating, to the job data corresponding to the job selected by the user in the selection processing among the plurality of jobs, the arithmetic device that is available in the grid computing processing ) and is owned by the user among the plurality of arithmetic devices on a basis of a result of the selection processing (e.g., para 62, “for causing a user to select the charging spot, charge start time and charging duration using the input unit 7, so that the user can select the appropriate charging spot, charge start time and charging duration” and “he charge guidance processing unit 26 of the decision result ” and “The arithmetic unit 6, which carries out calculations of the individual processing in the navigation system 2, estimates the usual charging spot, charge start time and charging duration taken for the charge of the battery 14”, in para 39.).
However, Hoshihara does not explicitly teach prediction processing of predicting the temporal change in the calculation capability available in the grid computing processing of each of the plurality of arithmetic devices on a basis of the calculation capability information and the operation status information, matching processing of allocating on a basis of a result of the prediction processing.
Zhang teaches prediction processing of predicting a temporal change in the calculation capability available in the grid computing processing of each of the plurality of arithmetic devices on a basis of the calculation capability information and the operation status information (e.g., see page 2837, “B. Reservation-Enabled Charging Management”, “charging reservations as well as parking duration,charging (and parking) conditions can be precisely predicted for a future moment at CPs.” for “parked and charged AEVs “ and “the spatiotemporal dynamics of AEVs constantly on-the-move” in page 2841),
matching processing of allocating the arithmetic device that is available in the grid computing processing and is owned by the user among the plurality of arithmetic devices on a basis of a result of the prediction processing and a result of the selection processing (e.g., see page 2841, “B. CP-Selection Procedure” , “the GC is able to determine the optimal CP by accounting for the following context information 1) The traveling time of aevr from that D/P spot to each CP (lcp), denoted as T ldp,cp aev . 2) The expected waiting time for charging (EWTC) at individual CPs. While the calculation on T ldp,cp aev is easy to achieve, the value of EWTC requires predictions on the charging state with each CP for a future moment” for “load balancing across the network can be achieved, with regard to parked and charged AEVs in history” in page 2837 ).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Hoshihara with those of Zhang because both references are directed to related systems addressing similar technical problems within the same field and seek to improve system performance, reliability, and efficiency.
Hoshihara et al. disclose a management system that manages grid computing processing, the calculation capability of the arithmetic device , allowing a user to select the arithmetic device that is available in the grid computing processing while Zhang et al. teach prediction processing of predicting the temporal change in the calculation capability available in the grid computing processing, matching processing of allocating on a basis of a result of the prediction processing.
Incorporating the teachings of Zhang et al. into the system of Hoshihara et al. would have been a predictable and logical modification, yielding improved operational robustness and efficiency without requiring undue experimentation.
Such a combination would merely involve the substitution or integration of known elements performing their established functions, as taught by Zhang et al., into the system of Hoshihara et al., consistent with design incentives and market demands for improved performance and scalability. Moreover, Zhang et al. explicitly recognize benefits to “enable accurate predictions on future charging (and parking) states at CPs” and to provide “enhanced customer experiences in traveling period, as well as charging performances at both AEV and CP sides” (see Zhang, in abstract) . —that would naturally be desirable in the system of Hoshihara et al.
Accordingly, to one of ordinary skill in the art would have had a reasonable expectation of success in combining Hoshihara et al. with Zhang et al., and the combination represents no more than the predictable use of prior art elements according to their known functions.
As to claim 2, Hoshihara teaches wherein the job list introduces the plurality of jobs and an incentive given to the user by providing the calculation capability of the arithmetic device to each of the plurality of jobs (e.g., see para 86, “ the decision processing unit 25 calculates from the difference value calculated at step ST5a the distance to be traveled from the present position (parking spot) of the vehicle to the usual charging spot (step ST7a).” ) .
As to claim 3, Hoshihara does not teach wherein the controller recommends, to the user, the job according to a preference of the user among the plurality of jobs in the selection processing. However, Zhang teaches wherein the controller recommends, to the user, the job according to a preference of the user among the plurality of jobs in the selection processing (e.g., see page 2838, “ the decision on D/P-selected is confirmed by aevr , the GC would recommend an optimized CP for the AEV, by accounting for the distance to the D/P-selected point. From”).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Hoshihara by adopting the teachings of Zhang in order to “enable accurate predictions on future charging (and parking) states at CPs” and to provide “enhanced customer experiences in traveling period, as well as charging performances at both AEV and CP sides” (see Zhang, in abstract) (see Zhang , abstract).
As to claim 4, see rejection of claim1 above.
As to claim 5, see rejection of claim 3 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chakrabarti et al. (US 2007/0250365) discloses A grid computing system, method, and computer program product, adapted to execute at least one workflow having a set of predefined operating parameters and including an execution module comprising a plurality of devices having a plurality of heterogeneous resources, wherein the plurality of devices is adapted to execute the at least one job by integrating the plurality of heterogeneous resources. The system further includes at least one grid workflow module. The grid workflow module includes a graphical user interface to provide at least one user to initiate and manage the at least one workflow based on the set of predefined operating parameters and the plurality of heterogeneous resources. Furthermore, the grid workflow module includes a manager module adapted to partition the at least one workflow into multiple jobs prior to the execution of the at least one workflow.
Dowson et al. (US 2007/0078960) discloses Performance data is captured periodically from resources and groups of resources in a grid computing environment and stored in a content-addressable data repository from which it can be accessed in response to an arbitrarily complex query in regard to specifics of particular jobs or job portions, particular resources utilized, grid architecture, application environment, concurrent jobs or job portions and the like. The data repository may be distributed or divided in regard to grid environment architecture, security domains or the like and each portion or division may be implemented in a modular fashion including an accounting and statistics management module and additional modules or computing engines for performing particular desired analyses or functions. Results of such analyses or functions may be communicated to a grid workload agent (and associated modules) to improve grid management on a fine-grained basis.
Golub et al. (US 2023/0281046) discloses ne or more autonomous vehicles are clustered into one or more microgrids and at least one computing task is scheduled on at least one microgrid. Activation signals are received from a client of one or more autonomous vehicles when the vehicles are plugged into charging stations. Utilization rates of the autonomous vehicles are determined based on a set of parameters, which includes at least one of location of the autonomous vehicle and time. The autonomous vehicles are clustered into one or more microgrids of autonomous vehicles based on the utilization rates. At least one request for performing at least one computing task is received from a user device. The at least one request includes an estimated runtime of the at least one computing task. The at least one computing task is scheduled on at least one microgrid of autonomous vehicles based on the estimated runtime.
Orbay (US 2023/0161623) discloses Distributed computing vehicles (e.g., using a computerized tool) are enabled. For example, a system can comprise a memory that stores computer executable components, and a processor that executes the computer executable components stored in the memory, wherein the computer executable components comprise: a request component that determines a compute request received via a network from a network device registered to use the system, and a resource component that, in response to a compute criterion associated with a vehicle communicatively coupled to the network being determined to be satisfied, allocates at least some compute resources of the vehicle to the compute request.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDOU K SEYE whose telephone number is (571)270-1062. The examiner can normally be reached M-F 9-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pierre Vital can be reached at 5712724215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ABDOU K SEYE/Examiner, Art Unit 2198
/PIERRE VITAL/Supervisory Patent Examiner, Art Unit 2198