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 .
Status of the Claims
This first non-final action is in response to applicant's amendments January 09, 2026. Claim 1-10, 16-17 were cancelled. Claims 11-15 and 18-20 are pending and have been considered as follows.
Examiner's response
Applicant’s arguments with respect to the claim rejections under 35 USC 101 have been considered but are not persuasive. Applicant argued that the invention has a specific improvement in how computing devices interact with networked site-management systems. Applicant further argued that the claims cannot be performed mentally because amended claims have steps such as determining site entry or approach based on route context and stored site boundary data; dynamically selecting real-time management information based on vehicle characteristics; and synchronizing and automatically re-rendering a graphical user interface in response to updated site data, and such operations rely on computer processing, network communication, and dynamic UI updating and cannot be performed in the human mind.
Examiner respectfully disagrees applicant’s argument. A Claim That Requires a Computer May Still Recite a Mental Process. Claims can recite a mental process even if they are claimed as being performed on a computer. See MPEP 2106.04(a)(2). Amended claims merely include instructions to implement an abstract idea on a computer or a vehicle environment, or merely use a computer as a tool to perform an abstract idea. Thus, it is clear that the abstract idea is merely implemented on a computer, which is indicative of the abstract idea having not been integrated into a practical application.
In addition, the Applicant’s argument regarding the claims are not a method of organizing human activity is too generic. Examiner respectfully disagrees such argument. In fact, amended claims manages personal behaviors such as where to go.
Therefore, rejections under 35 USC 101 are maintained.
Applicant’s arguments with respect to the claim rejections under 35 USC 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 11-15 and 18-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Analysis of Claim 11
In January, 2019 (updated October 2019), the USPTO released new examination guidelines setting forth a two-step inquiry for determining whether a claim is directed to non-statutory subject matter. According to the guidelines, a claim is directed to non-statutory subject matter if:
STEP 1: the claim does not fall within one of the four statutory categories of invention (process, machine, manufacture or composition of matter), or
STEP 2: the claim recites a judicial exception, e.g. an abstract idea, without reciting additional elements that amount to significantly more than the judicial exception, as determined using the following analysis:
STEP 2A (PRONG 1): Does the claim recite an abstract idea, law of nature, or natural phenomenon?
STEP 2A (PRONG 2): Does the claim recite additional elements that integrate the judicial exception into a practical application?
STEP 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
Using the two-step inquiry, it is clear that Claim 11 is directed toward non-statutory subject matter, as shown below:
STEP 1: Does Claim 1 fall within one of the statutory categories? Yes. The claim is directed toward a method (process) which falls within one of the statutory categories.
STEP 2A (PRONG 1): Is the claim directed to a law of nature, a natural phenomenon or an abstract idea? Yes, the claim is directed to an abstract idea.
With regard to STEP 2A (PRONG 1), the guidelines provide three groupings of subject matter that are considered abstract ideas:
Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations;
Certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions); and
Mental processes – concepts that are practicably performed in the human mind (including an observation, evaluation, judgment, opinion).
Claim 11. A computer-implemented method performed by a first user device associated with a first vehicle for obtaining site-specific management information associated with a restricted access construction site, the method comprising:
automatically determining, by an application executing on the first user device, that the first vehicle is at or on-route to enter the restricted access construction site based on a work order indicating a next location for the first vehicle;
providing, from the first user device, vehicle characteristic information associated with the first vehicle to a central network processing unit in a wireless communications network the vehicle characteristic information including information indicating scheduled operations to be performed by the first vehicle within the restricted access construction site based on said work order and also at least one of: a location of the first vehicle, an energy or fuel level, or a scheduled arrival time;
obtaining, from the central network processing unit, site-specific management information associated with the restricted access construction site that is dynamically selected based on the provided vehicle characteristic information, and which comprises real-time navigational information within the restricted access construction site and information indicating available resources including charging stations within the restricted access construction site;
automatically updating a graphical user interface of the first user device to present the obtained site-specific management information, the graphical user interface comprising a navigation page including a map or photo representation of the restricted access construction site overlaid with graphical indicators representing updated routes to available charging stations and resource utilization information; and
displaying the obtained updated site-specific management information associated with the restricted access construction site on the first user device;
The method in Claim 11 is a mental process that can be practicably performed in the human mind and, therefore, an abstract idea. The limitations of Claim 11 highlighted above merely consist of steps of determining that the first vehicle is at or on-route to enter the restricted access construction site and determining site-specific management information associated with the restricted access construction site based on the provided vehicle characteristic information. This is equivalent to a person, upon receiving the vehicle data mentally determines site-specific management information associated with the restricted access construction site based on information, e.g. determination that a vehicle is at or on-route to enter the restricted access construction site. Thus, the claims recite a mental process.
STEP 2A (PRONG 2): Does the claim recite additional elements that integrate the judicial exception into a practical application? No, the claim does not recite additional elements that integrate the judicial exception into a practical application.
With regard to STEP 2A (prong 2), whether the claim recites additional elements that integrate the judicial exception into a practical application, the guidelines provide the following exemplary considerations that are indicative that an additional element (or combination of elements) may have integrated the judicial exception into a practical application:
an additional element reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field;
an additional element that applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition;
an additional element implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim;
an additional element effects a transformation or reduction of a particular article to a different state or thing; and
an additional element applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
While the guidelines further state that the exemplary considerations are not an exhaustive list and that there may be other examples of integrating the exception into a practical application, the guidelines also list examples in which a judicial exception has not been integrated into a practical application:
an additional element merely recites the words “apply it” (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea;
an additional element adds insignificant extra-solution activity to the judicial exception; and
an additional element does no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Claim 11. A computer-implemented method performed by a first user device associated with a first vehicle for obtaining site-specific management information associated with a restricted access construction site, the method comprising:
automatically determining, by an application executing on the first user device, that the first vehicle is at or on-route to enter the restricted access construction site based on a work order indicating a next location for the first vehicle;
providing, from the first user device, vehicle characteristic information associated with the first vehicle to a central network processing unit in a wireless communications network the vehicle characteristic information including information indicating scheduled operations to be performed by the first vehicle within the restricted access construction site based on said work order and also at least one of: a location of the first vehicle, an energy or fuel level, or a scheduled arrival time;
obtaining, from the central network processing unit, site-specific management information associated with the restricted access construction site that is dynamically selected based on the provided vehicle characteristic information, and which comprises real-time navigational information within the restricted access construction site and information indicating available resources including charging stations within the restricted access construction site;
automatically updating a graphical user interface of the first user device to present the obtained site-specific management information, the graphical user interface comprising a navigation page including a map or photo representation of the restricted access construction site overlaid with graphical indicators representing updated routes to available charging stations and resource utilization information; and
displaying the obtained updated site-specific management information associated with the restricted access construction site on the first user device;
Claim 11 does not recite any of the exemplary considerations that are indicative of an abstract idea having been integrated into a practical application. Further, the providing step is recited at a high level of generality and amounts to mere data gathering/transmitting, which is a form of insignificant extra solution activity. The updating/displaying step is recited at a high level of generality and amounts to mere data transmitting/displaying.
The first user device, an application executing on the first user device, a central network processing unit, and a first vehicle, merely include instructions to implement an abstract idea on a computer or a vehicle environment, or merely use a computer as a tool to perform an abstract idea. Thus, it is clear that the abstract idea is merely implemented on a computer, which is indicative of the abstract idea having not been integrated into a practical application.
As such, the additional limitations of Claim 11 do not integrate the abstract idea into practical application.
STEP 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception? No, the claim does not recite additional elements that amount to significantly more than the judicial exception.
With regard to STEP 2B, whether the claims recite additional elements that provide significantly more than the recited judicial exception, the guidelines specify that the pre-guideline procedure is still in effect. Specifically, that examiners should continue to consider whether an additional element or combination of elements:
adds a specific limitation or combination of limitations that are not well-understood, routine, conventional activity in the field, which is indicative that an inventive concept may be present; or
simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, which is indicative that an inventive concept may not be present.
Claim 11 does not recite any specific limitation or combination of limitations that are not well-understood, routine, conventional (WURC) activity in the field. Estimating and determining data are fundamental, i.e. WURC, activities performed by general purpose computing devices, such as the devices in Claim 11.
CONCLUSION
Thus, since Claim 11 is: (a) directed toward an abstract idea, (b) does not recite additional elements that integrate the judicial exception into a practical application, and (c) does not recite additional elements that amount to significantly more than the judicial exception, it is clear that Claim 1 is directed towards non-statutory subject matter.
With respect to claim 13, please see the rejection above with respect to Claim 11. As such, since claims 11 and 13 are: (a) directed toward an abstract idea, (b) does not recite additional elements that integrate the judicial exception into a practical application, and (c) does not recite additional elements that amount to significantly more than the judicial exception, it is clear that claims 11 and 13 are directed towards non-statutory subject matter.
Dependent claims further limit the abstract idea without integrating the abstract idea into practical application or adding significantly more, as the limitations are either further part of the mental process or are additional elements that do not integrate the abstract idea into practical application using a similar analysis as applied to Claim 11 above.
As such, claims 11-15 and 18-20 are rejected under 35 USC 101 as being drawn to an abstract idea without significantly more, and thus are ineligible.
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.
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.
Claims 11-15 and 18-20 are rejected under 35 U.S.C. 103 as being obvious over by Wang (CN 113189621 machine translation) in view of Nordbruch (US 20210086792 A1 ) in view of Maeda (US 20230045214 A1)
Regarding claim 11, Wang teaches a computer-implemented method performed by a first user device associated with a first vehicle for obtaining site-specific management information associated with a restricted access construction site (abstract), the method comprising:
automatically determining, by an application executing on the first user device, that the first vehicle is at or on-route to enter the restricted access construction site based on a work order indicating a next location for the first vehicle (see end of paragraph bridging pages 4 and 5: "Admission application QR code, site map navigation application terminal and on-site responsibility management terminal are used in combination to manage construction vehicles in an organized, disciplined, and planned way to avoid vehicle congestion, unloading errors, etc. It helps to strengthen on-site safe and civilized construction management, and also helps to avoid quality hazards", wherein the site map navigation application terminal represents the first user device; construction vehicle driver scans the two-dimensional code of the admission application at the entrance position of a construction site to enter a construction site map login interface of the construction site map navigation application terminal, after basic information of a vehicle license plate number, material type, material quantity and weight (work order) is filled in the construction site map login interface, the admission application can be generated and sent to a site responsibility management terminal a manager completes vehicle admission approval on the site responsibility management terminal according to the use purpose, the use time and the use position of the admission material, and records the destination (next location) of vehicle running on a map, so that the vehicle can be positioned to appear on the construction site map and enter the construction site to run to the destination according to vehicle navigation guidance; Please note: Wang is silent two dimension code is scanning manually or automatically. The present claim language is “automatically determining… the first vehicle is at or on-route to enter” which does not require two dimension code being scanning automatically. Also please see prior art session for references teaching automatically barcode scanning);
providing, from the first user device, vehicle characteristic information associated with the first vehicle to a central network processing unit in a wireless communications network the vehicle characteristic information including information indicating scheduled operations to be performed by the first vehicle within the restricted access construction site (claim 1) based on said work order (material type, material quantity and weight) and also at least one of: a location of the first vehicle (claim 2, entrance), an energy or fuel level, or a scheduled arrival time (will discuss later);
obtaining, from the central network processing unit, site-specific management information associated with the restricted access construction site that is dynamically selected based on the provided vehicle characteristic information, and which comprises real-time navigational information within the restricted access construction site and information indicating available resources including charging stations within the restricted access construction site (Fig. 2 and corresponding paragraphs; pages 4 and 5: a dynamically updated site map is provided to the driver to guide the driver to the particular destination on the site; see also paragraph bridging pages 5 and 6);
automatically updating a graphical user interface of the first user device to present the obtained site-specific management information, the graphical user interface comprising a navigation page including a map or photo representation of the restricted access construction site overlaid with graphical indicators representing updated routes to available charging stations and resource utilization information (Fig. 2 and corresponding paragraphs; accurate navigation of a site map navigation application terminal on a site map according to an embodiment of the present invention); and
displaying the obtained updated site-specific management information associated with the restricted access construction site on the first user device(Fig. 2 and corresponding paragraphs);
While Wang teaches the site map navigation application terminal, Wang does not explicitly teach but Nordbruch teaches the specific limitations of a central network processing unit for providing site-specific management information associated with a restricted access construction site in a wireless communications network ([0131] outputting the generated data signals includes transmitting the data signals over a communications network, in particular, over a wireless communications network, to the motor vehicle).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to modify, a construction site vehicle and equipment management system, as taught by Wang, a central network processing unit in a wireless communications network, as taught by Nordbruch, as Wang and Nordbruch are directed to vehicle control in a field (same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using a central network processing unit in a wireless communications network to improve accessibility and expandability of the site-specific management system.
While Wang as modified by Nordbruch teaches a vehicle access a restrict area, Wang as modified by Nordbruch does not explicitly teach but Maeda teaches the specific limitations of information indicating available resources including charging stations within the restricted access construction site (Fig. 5 and corresponding paragraphs ), and indicate an updated route to the location of the available charging stations and further information regarding the utilization of the charging stations obtained from the central network processing unit (Fig. 5 and corresponding paragraphs).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to modify, a construction site vehicle and equipment management system, as taught by Wang as modified by Nordbruch, available resources including charging stations, as taught by Maeda, as Wang, Maeda and Nordbruch are directed to vehicle control in a field (same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using available resources including charging stations to dynamically reserve a charging station.
Wang is silent in automatically updating a graphical user interface. Real-time updated maps (such as Google Maps, use continuous GPS data and user reports to reflect traffic, accidents, and road closures instantly; navigation and traffic layers update every few seconds) was well-known knowledge in the art, and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions and the combination would have yielded nothing more than predictable results.
Regarding claim 13, please see the rejection above with regarding claim 11, which is commensurate in scope to claim 11.
Regarding claim 12, Wang teaches wherein the determining further comprises determining driver preference information via a user interface of the first user device from the driver of the first vehicle, the providing further comprises providing the determined driver preference information to the central network processing unit in the wireless connected network, and the obtaining further comprises obtaining site-specific management information associated with the restricted access construction site based on the provided driver preference information (see paragraph bridging pages 4 and 5, and first full paragraph in page 5). As such, the driver is given the possibility to influence the map that will be generated for him. Fig. 1, map login interface including a driver submitting material types, material quant (driver preference information) ).
Regarding claim 14, please see the rejection above with regarding claim 12.
Regarding claim 15, Wang teaches wherein the first user device is a stand-alone wireless communications device, or a wireless communications device integrated with the first vehicle, arranged to operate within a wireless telecommunications network (use of a "site map navigation application terminal" could be stand-alone device or integrated with… ).
Regarding claim 18, Wang as modified by Nordbruch does not explicitly teach but Maeda teaches the specific limitations of wherein the vehicle characteristic information comprises a location of the first vehicle allowing the arrival time at the restricted access construction site of the first vehicle to be determined, and wherein availability of the charging stations is determined based on said arrival time ([0054] the reservation module 402 may determine if a reservation is available at a charging station 112 located within a predetermined distance (e.g., 5 miles) of the current geo-location of the EV 102 or within a predetermined distance of a type of amenity or selected point of interest location. [0060] calculate the arrival state of charge is based on the estimated time of arrival and a current state of charge of the battery of the EV 102 ).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to modify, a construction site vehicle and equipment management system, as taught by Wang as modified by Nordbruch, available resources including charging stations, as taught by Maeda, as Wang, Maeda and Nordbruch are directed to vehicle control in a field (same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using available resources including charging stations to dynamically reserve a charging station.
Regarding claim 19, please see the rejection above with regarding claim 18.
Regarding claim 20, Wang teaches the central network processing unit (site responsibility management terminal) for providing the site-specific management information associated with the restricted access construction site to the first user device in the wireless communications network (page 3, the admission application can be generated and sent to a site responsibility management terminal, a manager completes vehicle admission approval on the site responsibility management terminal according to the use purpose, the use time and the use position of the admission material, and records the destination of vehicle running on a map, so that the vehicle can be positioned to appear on the construction site map and enter the construction site to run to the destination according to vehicle navigation guidance),
wherein the first user device (a construction site map navigation application terminal) is associated with the first vehicle being at or on-route to enter the restricted access construction site, the central network processing unit comprise processing circuitry and a memory (Fig.2 shows current vehicle location and a route from the vehicle current location to construction material location; navigation of a site map navigation application terminal on a site map, page 4, after basic information of a vehicle license plate number, material type, … the construction site map is established to dynamically guide the vehicles entering the construction site quantity and weight is filled in the construction site map login interface),
wherein the processing circuitry is configured to obtain the vehicle characteristic information from the first vehicle and/or the first user device, determine the site-specific management information associated with the restricted access construction site based on the obtained vehicle characteristic information (Wang, abstract), and
provide the site- specific management information to the first user device (Fig. 2 and corresponding paragraphs, a manager receives related vehicle information to remind, the position of a place where the vehicle needs to run or wait is determined in the construction site map, and then construction site navigation can be started; a construction site map navigation application terminal; customizes a construction site map according to a construction general plane BIM model, different map scenes are set according to different construction stages, construction site gates, material yards and construction site positions of concrete pouring points can be set in advance or temporarily marked in the construction site map, the entry gates of construction vehicles are used as starting points, page 3 ).
Prior Art
Please refer to form 892 for cited references.
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
Yeon (KR20180058517A) teaches vehicle identification coding system of vehicle automatically detecting the barcode 122 attached to the vehicle 120 when the vehicle 120 is determined to have entered the set position Scanning.
Bao (CN105825335A) teaches construction site vehicle and equipment management including a handheld intelligent device, a vehicle and device identification terminal, a GPS terminal, and a network server.
Nachesa (US 20090105947 A1) teaches a computer system being arranged to comprise a map database and a task list, arranged to provide warnings to a user for completing tasks from the task list.
Bosworth (US20210258719 A) teaches systems detecting the authorized entrant and unlock a door (or otherwise allow access) to the restricted area, and an unauthorized party entering the restricted area with or after the authorized entrant before the access control is reset (e.g., before the door to the restricted area is closed).
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275,277 (CCPA 1968)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JINGLI WANG whose telephone number is (571)272-8040. The examiner can normally be reached on Mon-Fri 9 am-5 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Anne Antonucci can be reached on (313)446-6519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.W./ Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/ Supervisory Patent Examiner, Art Unit 3666