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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 Feb. 11, 2026 with respect to claims 1 - 21 has been entered.
Claim 21 is newly added.
Response to Arguments
Applicant's arguments filed on Feb. 11, 2025 with respect to claims 1 - 21 have been fully considered but they are not persuasive.
The applicants had argued,” none of Miller, Heller and Mains, either individually or in combination, disclose or suggest – a network-based control computer NCC associated with a fleet manager or fleet operator……presenting, by the NCC and via an application, the one or more location attributes within a site profile, as recited in amended claim 1, on pages 7 and 8;
“the office action acknowledges that Miller – does not disclose, wherein the one or more location attributes include availability of one or more amenities for the physical structure. The office action alleges that Heller cures these deficiencies of Miller” on page 8.
The examiner’s response,”in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Miller discloses, automated and dynamic location identification and geofencing based on GPS data. Identifying points of interest by generating and storing virtual geofence information that is captured around a physical structure based in part on global positioning system GPS data from a plurality of devices that is then processed to identify GPS trajectory and kernel density estimation – ABSTRACT, Figs. 1 – 6, paragraphs 0006 – 0009. The NCC 112 may further communicate with a terminal device 125, which can be a user interface portal, a web-based interface, a personal computer PC, a laptop, a personal data assistant PDA, a smart phone, a dedicated terminal, a dumb terminal, or any other device over which a user 126, such as a manager or operator responsible for monitoring a fleet of vehicles 104, may communicate – paragraph 0033.
At the same time, Heller teaches, a system that allows an end-user to locate and gain access to a private facility, such as a restroom or other resource, without requiring that the end-user interact with any facility personnel. A mobile application allows a user to identify and proceed to a location where a private facility is available. When a user arrives at the location, the mobile application communicates with access control devices at the location to notify facility personnel of the user's presence and unlock doors or otherwise remove safeguards preventing general public access to the private facility (ABSTRACT, Figs. 1/104, 3 – 5, 9 – 16, 20/2002, column 1, lines 17 – 19, column 2, lines 45 - 61).
When a user is logged in 300, authenticated, or otherwise able to use the mobile service 102, an interface may be displayed via the user device 100 showing the different types of private facilities 400 that a user may access. Types of facilities displayed 400 could include restrooms, showers, car washes, car cleaning stations, car maintenance stations, meeting rooms, internet cafes and lounges, telephone booths, charging stations, offices, study rooms, gyms, medical care providers, or other similar facilities that may be available on a private vendor's property and that the vendor might wish to offer limited access to for a group of users (column 8, lines 53 – 64).
The cloud control platform 110 is also in communication with an access control platform 118 and one or more third party devices 122. The access control device 120 may be a system and software, typically installed at a single facility or shared between a number of nearby facilities, which can send and receive signals to devices at a facility based upon interactions with the access control platform 118. As an example, the facility management module 112 could maintain a list of configured control devices 104 across all facilities. An administrator could request a device status from a particular control device 104 at a particular facility. The facility management module 112 would generate a communication and transmit the communication to the access control platform 118 (column 4, lines 36 – 38, column 4, lines 50 – 61)”.
The applicants argument, “in contrast to the claimed NCC, the applied references, particularly Heller, rely upon a distributed architecture involving multiple separate computing devices that must communicate and coordinate to achieve their functionality”, on page 9.
The examiner’s response, “Heller teaches, The cloud control platform 110 is also in communication with an access control platform 118 and one or more third party devices 122. The access control device 120 may be a system and software, typically installed at a single facility or shared between a number of nearby facilities, which can send and receive signals to devices at a facility based upon interactions with the access control platform 118. As an example, the facility management module 112 could maintain a list of configured control devices 104 across all facilities. An administrator could request a device status from a particular control device 104 at a particular facility. The facility management module 112 would generate a communication and transmit the communication to the access control platform 118 (column 4, lines 36 – 38, column 4, lines 50 – 61)”.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 – 3, 6 – 8, 10 – 12, 15 – 17 and 19 - 21 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by
Miller US PGPub: US 2021/0258722 A1 Aug. 19, 2021 and in view of
Heller US Patent: US 10,185,921 B1 Jan. 22, 2019.
Regarding claims 1, 11, 19, Miller discloses,
a method and a network-based control computer NCC associated with a fleet manger or fleet operator, the NCC comprising: a memory (Figs. 1/134, 6/134); and a processor (Figs. 1/132, 6/132) in communication with the memory, a non-transitory computer-readable device having instructions thereon that, when executed by a network-based control computer NCC associated with a fleet manger or fleet operator, the NCC (automated and dynamic location identification and geofencing based on GPS data. Identifying points of interest by generating and storing virtual geofence information that is captured around a physical structure based in part on global positioning system GPS data from a plurality of devices that is then processed to identify GPS trajectory and kernel density estimation – ABSTRACT, Figs. 1 – 6, paragraphs 0006 – 0009. The NCC 112 may further communicate with a terminal device 125, which can be a user interface portal, a web-based interface, a personal computer PC, a laptop, a personal data assistant PDA, a smart phone, a dedicated terminal, a dumb terminal, or any other device over which a user 126, such as a manager or operator responsible for monitoring a fleet of vehicles 104, may communicate – paragraph 0033) comprising, wherein the processor is configured to, NCC to perform operations comprising:
receiving, by a network-based control computer NCC (receiving, at the network-based control computer, GPS data from a plurality of devices and grouping the GPS data from the plurality of devices to generate GPS trajectory information for each group of the plurality of devices – Fig. 1/112, paragraphs 0006, 0020, 0024) associated with a fleet manager or fleet operator (receiving, at the network-based control computer, global positioning system GPS data from a plurality of devices – Fig. 5/505, paragraph 0045. The NCC 112 may further communicate with a terminal device 125, which can be a user interface portal, a web-based interface, a personal computer PC, a laptop, a personal data assistant PDA, a smart phone, a dedicated terminal, a dumb terminal, or any other device over which a user 126, such as a manager or operator responsible for monitoring a fleet of vehicles 104, may communicate – paragraph 0033), global positioning system GPS data (GPS data – Fig. 5/505) from a plurality of devices associated with a physical structure (receiving GPS data from a plurality of devices. Identify the geographic coordinate information associated with a street address of a physical structure and retrieve the geospatial image of the geographic area including the physical structure based on the geographic coordinate information – ABSTRACT, paragraphs 0019 – 0021, 0032. Network-based control computer may develop historical data and identify one or more locations of interest within the virtual geofence that are associated with the physical structure – paragraph 0036);
generating, by the NCC (grouping the GPS data from the plurality of devices to generate GPS trajectory information for each group of the plurality of devices – Fig. 5/510, paragraph 0046. The method 500 may be performed by a processor - e.g., processor 132, Figs 1 – 6, paragraph 0044), a virtual geofence around the physical structure based in part on GPS trajectory data derived from the GPS data (a GPS trajectory created geofence around the structure inferred are estimated or derived from the data – paragraphs 0021, 0031, 0037. The method further includes generating a virtual geofence around the physical structure based in part on overlaying the isoline data to the geographic coordinate information of the physical structure – paragraphs 0006, 0008, 0020);
determining, by the NCC (determining an isoline on a virtual map for the each group of the plurality of devices based on the kernel density estimation – Fig. 5/520, paragraphs 0019, 0048. The method 500 may be performed by a processor - e.g., processor 132, Figs 1 – 6, paragraph 0044), one or more location attributes based on the virtual geofence (determining geospatial map information or attributes based on the fence – paragraphs 0020, 0031, 0047. Analyze the geospatial image of a geographic area in order to identify locations of interest within the geospatial image for different applications – Fig. 5/520, paragraphs 0019, 0048); and
presenting, by the NCC (the method 500 may be performed by a processor - e.g., processor 132, Figs 1 – 6, paragraph 0044. The NCC 112 may further communicate with a terminal device 125, which can be a user interface portal, a web-based interface, a personal computer PC, a laptop, a personal data assistant PDA, a smart phone, a dedicated terminal, a dumb terminal, or any other device over which a user 126, such as a manager or operator responsible for monitoring a fleet of vehicles 104, may communicate – paragraph 0033), (user interface 625 include one or more output devices, including a display, capable to presenting an output to a user – paragraph 0058), via an application, the one or more location attributes within a site profile (over time, network-based control computer may develop historical data and identify one or more locations of interest within the virtual geofence that are associated with the physical structure – paragraphs 0036. The method include identifying a location of interest at the physical structure that is within the virtual geofence based on accumulation of the GPS data from the plurality of devices over a first period of time, and configuring a GPS device to display the location of interest on a display screen – paragraph 0051.
an application overlaying or presenting the attributes within a facility tracking and footprint mapping history – i.e., site profile – paragraphs 0014, 0035, 0036, 0039 – 0042, 0062),
but, does not disclose, wherein the one or more location attributes include availability of one or more amenities for the physical structure.
Heller teaches, a system that allows an end-user to locate and gain access to a private facility, such as a restroom or other resource, without requiring that the end-user interact with any facility personnel. A mobile application allows a user to identify and proceed to a location where a private facility is available. When a user arrives at the location, the mobile application communicates with access control devices at the location to notify facility personnel of the user's presence and unlock doors or otherwise remove safeguards preventing general public access to the private facility (ABSTRACT, Figs. 1/104, 3 – 5, 9 – 16, 20/2002, column 1, lines 17 – 19, column 2, lines 45 - 61).
When a user is logged in 300, authenticated, or otherwise able to use the mobile service 102, an interface may be displayed via the user device 100 showing the different types of private facilities 400 that a user may access. Types of facilities displayed 400 could include restrooms, showers, car washes, car cleaning stations, car maintenance stations, meeting rooms, internet cafes and lounges, telephone booths, charging stations, offices, study rooms, gyms, medical care providers, or other similar facilities that may be available on a private vendor's property and that the vendor might wish to offer limited access to for a group of users (column 8, lines 53 – 64).
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 automated and dynamic location identification and geofencing based on GPS data of Miller (Miller, ABSTRACT, Figs. 1 – 6, paragraphs 0006 – 0009) wherein the system of Miller, would have incorporated, a system that allows an end-user to locate and gain access to a private facility, such as a restroom or other resource of Heller (Heller, ABSTRACT, Figs. 1/104, 3 – 5, 9 – 16, 20/2002, column 1, lines 17 – 19, column 2, lines 45 – 61, column 8, lines 53 – 64) for an improved system for managing consumer access to private facilities or resources in a way that is convenient and beneficial for both the consumer and the private facility owner or resource manager (Heller, column 1, lines 42 – 46).
Regarding claims 2, 12, 20, Miller discloses,
the method of claim 1, wherein the one or more location attributes are one or more first location attributes, and further comprising: collecting textual information corresponding to the physical structure (receiving or collecting location messaging and positioning – i.e., first location attributes, numerical information data cartographically to recognize geographical patterns and relationships – i.e., textual, for the structure – paragraphs 0028, 0030, 0038 – 0042, 0051);
identifying one or more second location attributes based on the textual information (identify the geographic coordinate information associated with a street address of a physical structure and retrieve the geospatial image of the geographic area including the physical structure based on the geographic coordinate information - paragraphs 0019, 0042, 0051); and
presenting, via an application (user interface 625 include one or more output devices, including a display, capable to presenting an output to a user – paragraph 0058), the one or more second location attributes within the site profile (identify the geographic coordinate information associated with a street address of a physical structure and retrieve the geospatial image of the geographic area including the physical structure based on the geographic coordinate information - paragraphs 0019, 0042, 0051, 0058).
Regarding claim 3, Miller discloses,
the method of claim 2, wherein the one or more second location attributes include restroom availability, lumper information, breakroom availability, vending machine information, shower availability, wireless availability, overnight parking availability, safety requirements, service information, site procedure information, location type (identifying a location of interest at the physical structure that is within the virtual geofence. The location of interest includes docking stations or parking spaces tailored to accommodate trucks or other vehicles and configuring a vehicle 104 to display the location of interest on a display screen located within the vehicle 104 - e.g., on the computer device 106 – paragraphs 0042, 0051, 0062), hours of operation, closure information, appointment types, and/or contact information.
Regarding claims 6, 15, Miller discloses,
the method of claim 1, wherein determining the one or more location attributes based on the virtual geofence comprises determining at least one of an entry point or exit point of the physical structure (entry point – paragraphs 0004, 0042, 0051).
Regarding claims 7, 16, Miller discloses,
the method of claim 1, wherein determining the one or more location attributes based on the virtual geofence comprises determining at least one of inflow information or outflow information of the physical structure (tracking or determining input – i.e., inflow information of the structure – paragraphs 0035, 0052 – 0054. The system may also allow for generating a notice when a GPS data associated with a device - e.g., computer device 106 indicates that the device has either entered or exited the virtual geofence around the physical structure – paragraph 0042).
Regarding claims 8, 17, Miller discloses,
the method of claim 1, wherein determining the one or more location attributes based on the virtual geofence comprises determining at least one of arrival pattern information or departure pattern information of the physical structure (recognize historical entry/exit location pattern relationships of the structure – paragraphs 0036 – 0041. The system may also allow for generating a notice when a GPS data associated with a device - e.g., computer device 106 indicates that the device has either entered or exited the virtual geofence around the physical structure – paragraph 0042).
Regarding claim 10, Miller discloses,
the method of claim 1, wherein the one or more location attributes include average dwell time, likelihood of detainment, ingress information, egress information, restroom availability, lumper information, breakroom availability, vending machine information, shower availability, overnight parking availability, service information, site procedure information, location type (identifying a location of interest at the physical structure that is within the virtual geofence. The location of interest includes docking stations or parking spaces tailored to accommodate trucks or other vehicles and configuring a vehicle 104 to display the location of interest on a display screen located within the vehicle 104 - e.g., on the computer device 106 – paragraphs 0042, 0051, 0062), hours of operation, closure information, appointment types, contact information.
Regarding claim 21, Miller discloses,
the method of claim 1, further comprising: receiving, by the NCC, Hours of Service HOS information associated with a driver associated with a device of the plurality of devices (the collected data may include the driver or vehicle data, such as but not limited to one or more of a vehicle identification, a driver identification, the HOS information for the driver, a location of the vehicle 104, and/or telematics information associated with the vehicle 104 and/or driver, which will be collectively referred to as “vehicle information 109” – paragraph 0024. Many different types of data are collected and transferred from the vehicles 104 to the NCC 112 - for example, vehicle performance data, driver performance data, critical events, messaging and position data, location data, HOS data and many other types of data, which may be collectively referred to as vehicle data 109 – paragraphs 0028, 0030).
Claims 4, 5, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over
Miller US PGPub: US 2021/0258722 A1 Aug. 19, 2021 and in view of
Heller US Patent: US 10,185,921 B1 Jan. 22, 2019 and further in view of
Mains US PGPub: US 20210334736 Oct. 28, 0221.
Regarding claims 4, 13, both Miller and Heller discloses all the claimed features,
the method of claim 2, further comprising: predicting based on the first location attributes and/or the second location attributes (inferring or predicting extractions on the attributes - paragraphs 0037, 0038, 0047); and
presenting, via the application, the one or more second location attributes (user interface 625 include one or more output devices, including a display, capable to presenting an output to a user – paragraph 0058. Identifying a location of interest at the physical structure that is within the virtual geofence. The location of interest includes docking stations or parking spaces tailored to accommodate trucks or other vehicles and configuring a vehicle 104 to display the location of interest on a display screen located within the vehicle 104 - e.g., on the computer device 106 – paragraphs 0042, 0051, 0062),
but, does not disclose, predicting an end to end service duration and
location attributes within the site profile.
Mains teaches, predicting a delivery time associated with a lowest end to end service duration – i.e., predicting earliest or lowest possible end to end delivery arrival time (ABSTRACT, paragraphs 0068 – 0071, 0080, 0129, 0216, 0232). Presenting information on the time to provided advanced information in a warehouse dashboard – i.e., site profile (paragraphs 0167, 0216).
The system may communicate with the driver or teleoperator assigned to pick up the cargo and provide advanced information, such as dock availability, dock directions, notifications of delays or reschedules, opportunities for early appointments, and other offsite locations (paragraph 0217).
Predicted dwell time for a device based on the historic dwell time (paragraphs 0053, 0114, 0124, 0128, 0167).
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 automated and dynamic location identification and geofencing based on GPS data of combined Miller and Heller (combined Miller and Heller, ABSTRACT, Figs. 1 – 6, paragraphs 0006 – 0009) wherein the system of combined Miller and Heller, would have incorporated management of vehicular traffic at a facility of Mains (Mains, ABSTRACT, paragraphs 0068 – 0071, 0080, 0114, 0129, 0167, 0217) to provide a fully digital solution that integrates facility appointment scheduling, shipment tracking and direct driver messaging with real-time data on facility dock status to direct vehicle/vessel operators to their assigned docks or an offsite location before arrival at a facility (Mains, paragraph 0047).
Regarding claims 5, 14, both Miller and Heller discloses,
the method of claim 2, further comprising: predicting, based on the first location attributes and/or the second location attributes (inferring or predicting extractions on the attributes - paragraphs 0037, 0038, 0047); and
presenting, via the application, the site profile (paragraphs 0032, 0043, 0052, 0062),
but, does not disclose, a delivery time associated with a lowest end to end service duration and
presenting, via the application, the delivery time.
Mains teaches, predicting a delivery time associated with a lowest end to end service duration – i.e., predicting earliest or lowest possible end to end delivery arrival time (ABSTRACT, paragraphs 0068 – 0071, 0080, 0129, 0216, 0232). Presenting information on the time to provided advanced information in a warehouse dashboard – i.e., site profile (paragraphs 0167, 0216).
The system may communicate with the driver or teleoperator assigned to pick up the cargo and provide advanced information, such as dock availability, dock directions, notifications of delays or reschedules, opportunities for early appointments, and other offsite locations (paragraph 0217).
Predicted dwell time for a device based on the historic dwell time (paragraphs 0053, 0114, 0124, 0128, 0167).
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 automated and dynamic location identification and geofencing based on GPS data of combined Miller and Heller (combined Miller and Heller, ABSTRACT, Figs. 1 – 6, paragraphs 0006 – 0009) wherein the system of combined Miller and Heller, would have incorporated management of vehicular traffic at a facility of Mains (Mains, ABSTRACT, paragraphs 0068 – 0071, 0080, 0114, 0129, 0167, 0217) to provide a fully digital solution that integrates facility appointment scheduling, shipment tracking and direct driver messaging with real-time data on facility dock status to direct vehicle/vessel operators to their assigned docks or an offsite location before arrival at a facility (Mains, paragraph 0047).
Allowable Subject Matter
Claims 9 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon are considered pertinent to applicants disclosure.
Suen US PGPub: US 2021/0042705 A1 Feb. 11, 2021.
A network computer system operates to store a plurality of records, where the plurality of records identify (i) a plurality of shipment orders, and (ii) a plurality of freight operators. The record for each shipment order identifies a set of shipment parameters for that shipment order, and the record for each freight operators identifies availability information for the freight operator. One or more matching processes are performed using the plurality of records, to match shipment orders and freight operators. The network computer system generates a preview panel to display matchings as between shipment orders of the plurality of shipments orders, and available freight operators of the plurality of freight operators.
The network computer system generates a preview panel to display to the fleet manager matchings as between shipment orders of the plurality of shipments orders, and available freight operators of the plurality of freight operators (Fleet manager 116 - Fig. 1/116, ABSTRACT, paragraphs 0012 - 0015).
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/NIMESH PATEL/Primary Examiner, Art Unit 2642