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 .
Response to Arguments
Claim Rejections - 35 USC § 101:
Applicant's arguments filed 11/26/2025 have been fully considered and are not persuasive regarding claims 8-14. Independent claim 8 as recited does not fall within at least one of the four categories of patent eligible subject matter because computer-readable medium is considered computer readable transmission media defined as signal per se and is not within one of the four statutory categories. It appears from applicant’s disclosure that the claim could be amended to fall within a statutory category and would qualify as eligible (e.g. non-transitory computer readable storage medium) as defined in applicant’s disclosure [0103]). Additionally, independent claim 8 and dependent claims 9 and 11-12 recite program code which is considered computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations and is also not within one of the four statutory categories of patent eligible subject matter. Thus, the rejection is maintained.
Claim Rejections - 35 USC § 102:
Applicant’s arguments, filed 11/26/2025, with respect to 1-5, 8-12 and 15-19 have been fully considered and are persuasive. The rejection has been withdrawn.
Claim Rejections - 35 USC § 103:
Applicant’s arguments, filed 11/26/2025, with respect to 6-7, 13-14 and 20 have been fully considered and are persuasive. The rejection has been withdrawn.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/03/2025 was filed after the mailing date of the Non-Final Office Action on 8/27/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 8-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 8 as recited does not fall within at least one of the four categories of patent eligible subject matter because computer-readable medium is considered computer readable transmission media defined as signal per se and is not within one of the four statutory categories.
Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed
to determine whether they recite subject matter that falls within one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Claim 8 does not recite subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. It appears from applicant’s disclosure that the claim could be amended to fall within a statutory category and would qualify as eligible (e.g. non-transitory computer readable storage medium) as defined in applicant’s disclosure [0103]).
Dependent claims 9-14 are rejected based on dependence on independent claim 8.
Additionally, independent claim 8 and dependent claims 9 and 11-12 recite program code which is considered computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations and is also not within one of the four statutory categories of patent eligible subject matter. Thus claims 8-14 are ineligible.
Allowable Subject Matter
Claims 1-7 and 15-20 are allowed.
The following is an examiner’s statement of reasons for allowance: Independent claims 1 and 15 are allowable over the prior art of record for their specific recitations of elements involving a system and method for controlling autonomous vehicles based on edge servers’ resources, i.e. obtaining a load of neighboring edge servers; determining if there is a load reduction plan to be applied to one or more of said autonomous vehicles in response to said estimated load of said edge server exceeding a threshold value; and instructing said one or more of said autonomous vehicles to reroute to a coverage area under a control of a neighboring edge server with capacity for handling an additional workload in response to not applying said load reduction plan; among other limitations.
Additionally, the prior art of record of Zhou et al. (20200310413 A1; hereafter Zhou) does not explicitly teach the claimed invention as recited in independent claims 1 and 15; for example, controlling autonomous vehicles based on edge servers’ resources by determining if there is a load reduction plan to be applied to one or more of said autonomous vehicles in response to said estimated load of said edge server exceeding a threshold value; and instructing said one or more of said autonomous vehicles to reroute to a coverage area under a control of a neighboring edge server with capacity for handling an additional workload in response to not applying said load reduction plan.
Any comments considered necessary by applicant must be submitted no later than the payment
of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such
submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 TOYA PETTIEGREW whose telephone number is (313)446-6636. The examiner can normally be reached 8:30pm - 5:00pm M-F.
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/TOYA PETTIEGREW/
Primary Examiner, Art Unit 3662