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 .
Status of Claims
This is the second Office Action on the merits. Claims 1-10, 13-14, and 16-19 are currently pending. Claims 1 and 13 are currently amended and claims 11-12, 15, and 20 have been cancelled. This action is FINAL.
Response to Amendment
The amendments filed on 11/04/2025 have been entered.
In view of the 35 U.S.C. 101 rejections, Applicant’s amendments have been acknowledged and rejections have been withdrawn.
In view of the 35 U.S.C. 103 rejections, Applicant’s amendments have been acknowledged.
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.
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 1-10, 13-14, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Moran et al. (US20070024440A1) in view of Kustanowitz (US9640074B2), hereinafter Moran and Kustanowitz.
Regarding claim 1, Moran teaches of a tracking application device ("school bus tracking and notification system" 20, [0018]), that allows a user to observe a bus location in real time ("information relating to the location of the bus mobile station is directed to an internet website accessible by the student or parent", [0005]), the tracking application device comprising: a software application ("tracking application", [0003]); a GPS system ("location polling…will typically involve triangulation with base stations and/or GPS functionality", [0029]); and wherein the software application is further configured to send a text alert to a user when the bus location is a preprogrammed distance from an assigned stop ("if the bus mobile station 26 is within the radius 38, the tracking application system 30 alerts the parent or student at the house or other location 36 that the bus 24 is approaching. The alert can take many forms, including a text message to the parent or student's mobile station 40, an automatic phone message", [0031]).
However, Moran does not teach of a smart device configured to accept input via voice and touch; and a GPS system embedded in the smart device; a digital mapping component hosted on the smart device and configured to display a digital map; wherein the software application is accessible on the smart device; further wherein the GPS system identifies the bus location in real time; and wherein the software application is configured to overlay the real time bus location on the digital map and update the real time bus location along a bus route.
Kustanowitz, in the same field of endeavor, teaches of a smart device configured to accept input via voice and touch ("A route may be defined by an administrator or other user, or may be learned by observing the vehicle 110 as described below. In some embodiments, the device 120 may be a device 120 belonging to a member of the organization (e.g., a bus driver's personal smartphone), a spare device 120 (e.g., a smartphone) that the organization already owns, an inexpensive device 120 acquired for tracking purposes, or a device 120 provisioned by a service provider (e.g., a provider of location tracking services)", Col. 2 line 48-57, implicit that smartphones are configured to accept voice and touch input via a microphone and touchscreen interface); and a GPS system embedded in the smart device ("The clients may be any devices capable of data communication, for example computers 124 with web browsers or mobile devices (e.g., smartphones or tablets) 126 with web browsers or apps", Col. 3 lines 9-12, implicit that smartphones have GPS systems embedded); a digital mapping component hosted on the smart device and configured to display a digital map ("The client 124,126 may display information about the vehicle's 110 location and/or other parameters (e.g., speed, direction, etc.) to registered users", Col. 3 lines 16-20); wherein the software application is accessible on the smart device ("the clients may be any devices capable of data communication, for example computer 124 with web browsers or mobile devices (e.g. smartphones or tablets) 126 with web browsers or apps", Col. 3 lines 9-12); further wherein the GPS system ("global positioning system (GPS)…locate and track assets such as vehicles", Col. 1 lines 14-16) identifies the bus location in real time (real-time information about the positions of fleet vehicles", Col. 1 lines 49-50); and wherein the software application is configured to overlay the real time bus location on the digital map and update the real time bus location along a bus route ("users…see the entire route and bus position on a map…and receive automates update as the vehicle proceeds along the route", Col. 2 lines 3-4, "…current vehicle 110 position derived from this data may be displayed to the user in the client app", Col. 4 lines 10-11).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of Moran with the teachings of Kustanowitz to use a smartphone with touch and voice, utilize a GPS system, and display the bus location on a digital map with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification since having a GPS system identifying the bus location in real-time that is accessible on a smart device enables the parent and students to estimate their time of arrival to a bus stop and can also provide assurance for the safety of student to the parents (e.g., the bus is going the correct route at the correct time). Additionally, by utilizing widely available smart devices with built-in GPS and intuitive user interfaces to provide real-time vehicle location information to users, one would improve accessibility, usability, and the timely communication of vehicle location information (Kustanowitz, Col. 1 lines 14-21).
Regarding claim 2, Moran teaches of all limitations of claim 1 as stated above.
However, Moran does not teach of wherein the smart device is a smartphone, a tablet, a laptop or a desktop computer.
Kustanowitz, in the same field of endeavor, teaches of wherein the smart device is a smartphone, a tablet, a laptop or a desktop computer ("the clients may be any devices capable of data communication, for example computer 124 with web browsers or mobile devices (e.g. smartphones or tablets) 126 with web browsers or apps", Col. 3 lines 9-12).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have combine the elements of Moran with the smart device of Kustanowitz to yield predictable results. One of ordinary skill in the art would have combined these elements since the smart device being a smartphone, a tablet, a laptop or a desktop computer allows for a wider range of access for the tracking application allowing for more users.
Regarding claim 3, Moran teaches of all limitations of claim 2 as stated above.
However, Moran does not teach of wherein the user tracks the bus location via the GPS system.
Kustanowitz, in the same field of endeavor, teaches of wherein the user tracks the bus location ("users…see the entire route and bus position on a map…and receive automates update as the vehicle proceeds along the route", Col. 2 lines 3-4) via the GPS system ("while the vehicle 110 is traveling, the device 120 may continually deceive position updates from a position service 140, such as GPS", Col. 2 lines 61-63).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have combined the elements of Moran with the elements of Kustanowitz to yield predictable results. One of ordinary skill in the art would have combined these elements since utilizing a GPS to track the bus location is a strong option due to the GPS being a robust and proven technology with strong reliability and accuracy.
Regarding claim 4, Moran teaches of all limitations of claim 3 as stated above.
However, Moran does not teach of wherein the user identifies an immediate location of the bus on a digital map in real time.
Kustanowitz, in the same field of endeavor, teaches of wherein the user identifies an immediate location of the bus on a digital map in real time ("users…see the entire route and bus position on a map…and receive automates update as the vehicle proceeds along the route", Col. 2 lines 3-4).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of Koran with the teachings of Kustanowitz with reasonable expectations of success. One of ordinary skill in the art would have motivated to make this modification since utilizing a digital map to identify an immediate location of the bus is helpful for visualizing the location to the user, rather than just displaying coordinates as text.
Regarding claim 5, Moran teaches of all limitations of claim 4 as stated above, additionally wherein the software application provides secure website ("the tracking application includes a secure server computer…for interfacing with the internet", [0036]) or smart phone application access by the user and a user’s parents for the bus location ("information relating to the location of the bus mobile station is directed to an internet website accessible by the student or parent", [0005]).
Regarding claim 6, Moran teaches of all limitations of claim 5 as stated above, in addition to a web server ("the tracking application includes a secure server computer…for interfacing with the internet", [0036]) and a cloud database of bus identification and location data ("database portion that stores the bus ID's and the respective communication identifiers", [0003]) connectable to the smart device ("connectable to the cellular network", [0003], implicit that the cellular network is connectable to the smart device).
Regarding claim 7, Moran teaches of all limitations of claim 6 as stated above, in addition to a secure smart server ("the tracking application includes a secure server", [0036]) is used for protection and security of bus identification and routes ("tracking application includes one or more accounts…each account includes…listings…each listing includes bus identifier…listings may include route data/information", [0036]).
Regarding claim 8, Moran teaches of all limitations of claim 7 as stated above, additionally wherein bus locations identified from the GPS system ("poll the locations of the bus mobile station…using the network's location service function", [0004]), bus identifications ("bus ID…are stored in a tracking application/database", abstract), and route histories ("periodically poll the locations of the bus mobile station", [0004], implied that the periodic polling creates a history of routes) are sent to the secure cloud server and collected ("tracking application/database", abstract, it is stated that the bus identifier is stored on the cloud (database), but it is implied that the bus location and route histories can also be stored onto the database as they are all information found within the tracking application.
Regarding claim 9, Moran teaches of all limitations of claim 8 as stated above, additionally wherein data is stored ("stored in a tracking application/database", abstract) and managed with a data management software or program ("computer-based tracking and notification application…has a database portion", [0003], the database being within the tracking application implies that the tracking application is responsible for data going in and out of the database and the computer-based tracking application implies that this is being executed through software).
Regarding claim 10, Moran teaches of all limitations of claim 9 as stated above, in addition to a cellular wireless data network embedded in the smart device transmits ("utilizes the infrastructure of existing cellular communications network…each school bus is provided with a mobile station", [0003];"by "mobile station," it is meant a general-purpose wireless communication device for transmitting…data across a cellular network", [0020]) both bus identification data ("parent provided with ID of bus", FIG. 3) and GPS coordinates at incremental times to the user ("periodically poll the locations of the bus mobile station", [0004]).
Regarding claim 13, Moran teaches of a tracking application device ("school bus tracking and notification system" 20, [0018]), that allows a user to observe a bus location in real time ("information relating to the location of the bus mobile station is directed to an internet website accessible by the student or parent", [0005]), the tracking application device comprising: a software application ("tracking application", [0003]); and a GPS system ("location polling…will typically involve triangulation with base stations and/or GPS functionality", [0029]); wherein the software application provides secure website ("the tracking application includes a secure server computer…for interfacing with the internet", [0036]) or smart phone application access by the user and a parent of the user ("information relating to the location of the bus mobile station is directed to an internet website accessible by the student or parent", [0005]); wherein a cellular wireless data network embedded in the smart device transmits ("utilizes the infrastructure of existing cellular communications network…each school bus is provided with a mobile station", [0003];"by "mobile station," it is meant a general-purpose wireless communication device for transmitting…data across a cellular network", [0020]) both bus identification data ("parent provided with ID of bus", FIG. 3) and GPS coordinates at incremental times to the user ("periodically poll the locations of the bus mobile station", [0004]); and wherein the software application is further configured to send a text alert to a user when the bus location is a preprogrammed distance from an assigned stop ("if the bus mobile station 26 is within the radius 38, the tracking application system 30 alerts the parent or student at the house or other location 36 that the bus 24 is approaching. The alert can take many forms, including a text message to the parent or student's mobile station 40, an automatic phone message", [0031]).
However, Moran does not teach of a smart device configured to accept input via voice and touch; and a GPS system embedded in the smart device; a digital mapping component hosted on the smart device and configured to display a digital map; wherein the software application is accessible on a smart device, the GPS system identifies the bus location in real time, and the user identifies an immediate location of the bus on a digital map in real time; and wherein the software application is configured to overlay the real time bus location on the digital map and update the real time bus location along a bus route.
Kustanowitz, in the same field of endeavor, teaches of a smart device configured to accept input via voice and touch ("A route may be defined by an administrator or other user, or may be learned by observing the vehicle 110 as described below. In some embodiments, the device 120 may be a device 120 belonging to a member of the organization (e.g., a bus driver's personal smartphone), a spare device 120 (e.g., a smartphone) that the organization already owns, an inexpensive device 120 acquired for tracking purposes, or a device 120 provisioned by a service provider (e.g., a provider of location tracking services)", Col. 2 line 48-57, implicit that smartphones are configured to accept voice and touch input via a microphone and touchscreen interface); and a GPS system embedded in the smart device ("The clients may be any devices capable of data communication, for example computers 124 with web browsers or mobile devices (e.g., smartphones or tablets) 126 with web browsers or apps", Col. 3 lines 9-12, implicit that smartphones have GPS systems embedded); a digital mapping component hosted on the smart device and configured to display a digital map ("The client 124,126 may display information about the vehicle's 110 location and/or other parameters (e.g., speed, direction, etc.) to registered users", Col. 3 lines 16-20); wherein the software application is accessible on a smart device ("the clients may be any devices capable of data communication, for example computer 124 with web browsers or mobile devices (e.g. smartphones or tablets) 126 with web browsers or apps", Col. 3 lines 9-12); the GPS system ("global positioning system (GPS)…locate and track assets such as vehicles", Col. 1 lines 14-16) identifies the bus location in real time (real-time information about the positions of fleet vehicles", Col. 1 lines 49-50); and the user identifies an immediate location of the bus on a digital map in real time ("users…see the entire route and bus position on a map…and receive automates update as the vehicle proceeds along the route", Col. 2 lines 3-4); and wherein the software application is configured to overlay the real time bus location on the digital map and update the real time bus location along a bus route ("users…see the entire route and bus position on a map…and receive automates update as the vehicle proceeds along the route", Col. 2 lines 3-4, "…current vehicle 110 position derived from this data may be displayed to the user in the client app", Col. 4 lines 10-11).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of Moran with the teachings of Kustanowitz to use a smartphone with touch and voice, utilize a GPS system, and display the bus location on a digital map with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification since having a GPS system identifying the bus location in real-time that is accessible on a smart device enables the parent and students to estimate their time of arrival to a bus stop and can also provide assurance for the safety of student to the parents (e.g., the bus is going the correct route at the correct time). Additionally, by utilizing widely available smart devices with built-in GPS and intuitive user interfaces to provide real-time vehicle location information to users, one would improve accessibility, usability, and the timely communication of vehicle location information (Kustanowitz, Col. 1 lines 14-21).
Regarding claim 14, Moran teaches of all limitations of claim 13 as stated above, further comprising a plurality of indicia (See at least FIG. 13).
Regarding claim 16, Moran teaches of all limitations of claim 15 as stated above.
However, Moran does not teach of wherein the smart device is a smartphone, a tablet, a laptop or a desktop computer.
Kustanowitz, in the same field of endeavor, teaches of wherein the smart device is a smartphone, a tablet, a laptop or a desktop computer ("the clients may be any devices capable of data communication, for example computer 124 with web browsers or mobile devices (e.g. smartphones or tablets) 126 with web browsers or apps", Col. 3 lines 9-12).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have combine the elements of Moran with the smart device of Kustanowitz to yield predictable results. One of ordinary skill in the art would have combined these elements since the smart device being a smartphone, a tablet, a laptop or a desktop computer allows for a wider range of access for the tracking application allowing for more users.
Regarding claim 17, Moran teaches of a secure smart server ("the tracking application includes a secure server", [0036]) is used for protection and security of bus identification and routes ("tracking application includes one or more accounts…each account includes…listings…each listing includes bus identifier…listings may include route data/information", [0036]).
Regarding claim 18, Moran teaches of wherein bus locations identified from the GPS system ("poll the locations of the bus mobile station…using the network's location service function", [0004]), bus identifications ("bus ID…are stored in a tracking application/database", abstract), and route histories ("periodically poll the locations of the bus mobile station", [0004], implied that the periodic polling creates a history of routes) are sent to the secure cloud server and collected ("tracking application/database", abstract, it is stated that the bus identifier is stored on the cloud (database), but it is implied that the bus location and route histories can also be stored onto the database as they are all information found within the tracking application.
Regarding claim 19, Moran teaches of wherein data is stored ("stored in a tracking application/database", abstract) and managed with a data management software or program ("computer-based tracking and notification application…has a database portion", [0003], the database being within the tracking application implies that the tracking application is responsible for data going in and out of the database and the computer-based tracking application implies that this is being executed through software).
Response to Arguments
Applicant’s arguments, see Pages 6-10, filed 11/04/2025, with respect to the Claim rejections under 35 U.S.C. 101 have been fully considered and are persuasive. The 35 U.S.C. 101 rejection of claims 1-20 has been withdrawn.
Applicant's arguments, see Pages 10-14, filed 11/04/2025, with respect to the Claim rejections under 35 U.S.C. 103 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments for claim 1 and 13 rejected under 35 U.S.C. 103, Applicant argues that Moran and Kustanowitz, alone or in combination, do not teach or suggest a smart device configured to accept input via voice and touch; a GPS system embedded in the smart device; a digital mapping component hosted on the smart device and configured to display a digital map; that the software application is configured to overlay the real time bus location on the digital map and update the real time bus location along a bus route; and that the software application is further configured to send a text alert to a user when the bus location is a preprogrammed distance from an assigned stop. However, under broadest reasonable interpretation, the following limitations are disclosed by, or at least reasonably read on, Moran and Kustanowitz, as discussed above. Therefore, Applicant’s arguments were not found persuasive.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL LEE ESPINOZA whose telephone number is (571)272-4889. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm ET.
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ABIGAIL LEE ESPINOZA
Examiner
Art Unit 3657
/ADAM R MOTT/ Supervisory Patent Examiner, Art Unit 3657