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 .
This Office Action is in response to Applicant’s amendment filed 01/30/2026. Claims 1-7, 9-12, and 14-15 are currently pending in this application.
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.
Claims 1-7, 9-12, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kamiya et al. (U.S. 2020/0160708 A1).
Claim 1, Kamiya teaches:
A computer system (Kamiya, Fig. 2: 202, Paragraph [0063]) comprising a processor device (Kamiya, Fig. 2: 204) configured to notify of an excessive dwell time at a location (Kamiya, Paragraph [0078], The method 300, which is performed by the apparatus 202 (see Kamiya, Paragraphs [0064-0065]), notifies the transport provider of a longer dwell time for a vehicle in a first location.), the processor device being configured to:
obtain one or more first positions associated with one or more vehicles out of a set of vehicles spending time over a predefined time limit within a respective location (Kamiya, Paragraph [0072]), dynamically determine, by clustering the obtained one or more first positions (Kamiya, Paragraph [0072], It would have been obvious to one of ordinary skill in the art, at the time of filing, for a plurality of vehicles of the fleet of vehicles traveling along the same route to have the same first positions, and thus the areas associated with the first position would be the same areas for the plurality of vehicles. Therefore, the same locations with the same areas are functionally equivalent to clustering the one or more first positions to form the set of areas. The areas and vehicles are adaptively, i.e. dynamically, managed.), the set of areas based on the one or more first positions (Kamiya, Paragraph [0063], Kamiya discloses the apparatus 202 determines the area relating to each vehicle, and Paragraph [0061] discloses the sensors 210 being used, by the apparatus 202, for determining the dwell time of each vehicle at each area/location.),
obtain a dwell time for the at least one area, the dwell time being indicative of an actual time spent by the at least one first vehicle in the at least one area (Kamiya, Paragraph [0061], The sensor 210 is capable of determining the arrival time and the departure time of the vehicle at a location, which defines the dwell time of the vehicle.),
when the obtained dwell time exceeds an expected time by more than a threshold (Kamiya, Paragraph [0078], When the dwell time is above a threshold time period, i.e. an expected time, the dwell time exceeds the expected time by more than a threshold of 0.), notify at least one user and/or control unit associated with the set of vehicles of that the dwell time exceeds the expected time by more than the threshold (Kamiya, Paragraph [0078], The transport provider is functionally equivalent to at least one user and/or control unit (see Kamiya, Paragraph [0080]).).
Kamiya does not explicitly teach:
A set of areas based on the one or more first positions.
However, it would have been obvious to one of ordinary skill in the art, at the time of filing, for the method 300 to be implemented across the entire fleet of vehicles traveling a plurality of similar and different routes (see Kamiya, Paragraph [0078]). Thus, each location that each vehicle arrives and departs includes a plurality of areas associated with the location (see Kamiya, Paragraph [0072]). One of ordinary skill in the art would recognize that each vehicle operating in the fleet would have its own routes, i.e. locations having areas associated with each location, and dwell times, and thus each vehicle’s dwell times would affect the functionality of the system, as a whole. Such a modification would ensure that the transport provider is able to manage its entire fleet of vehicles efficiently.
Claim 2, Kamiya teaches:
A computer-implemented method (Kamiya, Fig. 2: 202, Paragraph [0063]) for notifying of an excessive dwell time at a location (Kamiya, Paragraph [0078], The method 300, which is performed by the apparatus 202 (see Kamiya, Paragraphs [0064-0065]), notifies the transport provider of a longer dwell time for a vehicle in a first location.), comprising:
obtaining, by a processor device of a computer system (Kamiya, Paragraph [0063]), one or more first positions associated with one or more vehicles out of a set of vehicles spending time over a predefined time limit within a respective location (Kamiya, Paragraph [0078]), dynamically determining, by clustering the obtained one or more first positions (Kamiya, Paragraph [0072], It would have been obvious to one of ordinary skill in the art, at the time of filing, for a plurality of vehicles of the fleet of vehicles traveling along the same route to have the same first positions, and thus the areas associated with the first position would be the same areas for the plurality of vehicles. Therefore, the same locations with the same areas are functionally equivalent to clustering the one or more first positions to form the set of areas. The areas and vehicles are adaptively, i.e. dynamically, managed.), the set of areas based on the one or more first positions (Kamiya, Paragraph [0063], Kamiya discloses the apparatus 202 determines the area relating to each vehicle, and Paragraph [0061] discloses the sensors 210 being used, by the apparatus 202, for determining the dwell time of each vehicle at each area/location.),
by the processor device, obtaining a dwell time for the at least one area, the dwell time being indicative of an actual time spent, by the at least one first vehicle in the at least one area (Kamiya, Paragraph [0061], The sensor 210 is capable of determining the arrival time and the departure time of the vehicle at a location, which defines the dwell time of the vehicle.),
by the processor device, when the obtained dwell time exceeds an expected time by more than a threshold (Kamiya, Paragraph [0078], When the dwell time is above a threshold time period, i.e. an expected time, the dwell time exceeds the expected time by more than a threshold of 0.), notifying at least one user and/or control unit associated with the set of vehicles of that the dwell time exceeds the expected time by more than the threshold (Kamiya, Paragraph [0078], The transport provider is functionally equivalent to at least one user and/or control unit (see Kamiya, Paragraph [0080]).).
Kamiya does not explicitly teach:
A set of areas based on the one or more first positions.
However, it would have been obvious to one of ordinary skill in the art, at the time of filing, for the method 300 to be implemented across the entire fleet of vehicles traveling a plurality of similar and different routes (see Kamiya, Paragraph [0078]). Thus, each location that each vehicle arrives and departs includes a plurality of areas associated with the location (see Kamiya, Paragraph [0072]). One of ordinary skill in the art would recognize that each vehicle operating in the fleet would have its own routes, i.e. locations having areas associated with each location, and dwell times, and thus each vehicle’s dwell times would affect the functionality of the system, as a whole. Such a modification would ensure that the transport provider is able to manage its entire fleet of vehicles efficiently.
Claim 3, Kamiya further teaches:
The method of claim 2, wherein obtaining the one or more first positions comprises detecting that the one or more vehicles out of the set of vehicles have spent over the predefined time limit within a respective radius associated with the respective location (Kamiya, Paragraph [0078], The threshold time period is functionally equivalent to the predefined time limit. When the vehicle is located at a given location, the vehicle is within a respective radius associated with the respective location (see Kamiya, Paragraph [0061]).).
Claim 4, Kamiya further teaches:
The method of claim 2, wherein notifying the at least one user and/or control unit associated with the set of vehicles of that the dwell time exceeds the expected time by more than the threshold comprises any one or more out of:
notifying a user and/or control unit of at least one second vehicle out of the set of vehicles of that the dwell time exceeds the expected time by more than the threshold, wherein the at least one second vehicle is scheduled to operate in the at least one area, and
notifying a dispatcher of the set of vehicles of that the dwell time exceeds the expected time by more than the threshold, wherein the dispatcher is a user and/or control unit arranged to manage a schedule for the at least one second vehicle (Kamiya, Paragraphs [0078] and [0080], The transport provider is functionally equivalent to a dispatcher for managing a fleet of vehicles.).
Claim 5, Kamiya further teaches:
The method of claim 2, wherein notifying the at least one user and/or control unit associated with the set of vehicles of that the dwell time exceeds the expected time by more than the threshold comprises any one or more out of:
notifying the at least one user and/or control unit of the obtained dwell time in the at least one area, and
notifying the at least one user and/or control unit of a time difference between the expected time and the obtained dwell time (Kamiya, Paragraph [0078], A notification regarding the vehicle having a longer dwell time than expected is equivalent to a time difference between the longer dwell time and the expected/threshold time period.); and
optionally, notifying the dispatcher of the set of vehicles of that the dwell time exceeds the expected time by more than the threshold comprises notifying the dispatcher that there are too many vehicles operating in, or scheduled to operate in, the set of areas.
Claim 6, Kamiya further teaches:
The method of claim 2, wherein obtaining the dwell time of the at least one area comprises receiving, from the at least one first vehicle, an actual time spent by the at least one first vehicle, when operating in the at least one area (Kamiya, Paragraph [0061], The vehicle records the arrival time and the departure time at the location in order to determine the dwell time.).
Claim 7, Kamiya further teaches:
The method of claim 2, wherein the one or more first positions are obtained during a moving time window, wherein the moving time window is a time period of a predefined duration and ranges from a previous point in time to a current point in time (Kamiya, Paragraph [0061], The time between when the system begins sensing vehicles to the arrival time of the vehicle is functionally equivalent to a moving time window. When the vehicle departs, the next time window begins. It is noted that the ultimate goal of the system is to have all of its vehicles operate according to specific schedule (see Kamiya, Paragraphs [0074-0075]), which function to define the time windows for each vehicle’s arrival.).
Claim 9, Kamiya further teaches:
The method of claim 2, wherein determining the set of areas comprises dynamically updating the set of areas by any one or more out of:
establishing a new area in the set of areas (Kamiya, Paragraph [0072], The vehicle identifies an area on the vehicle, thereby establishing a new area in the set of areas.),
merging at least two areas in the set of areas,
splitting an area into at least two areas in the set of areas, and
deleting an area out of the set of areas.
Claim 10, Kamiya further teaches:
The method of claim 2, wherein the method further comprises:
by a processor device of a computer system (Kamiya, Fig. 4A-4C: 416), obtaining from a time model for the set of areas, the expected time for at least one first vehicle out of a set of vehicles to spend in at least one area out of the set of areas (Kamiya, Paragraph [0081], The dwell time predicting server 416 receives input from the dwell time prediction model 415, which includes data for predicting a dwell time.), and optionally wherein the method comprising:
by the processor device, updating the time model based on the obtained dwell time, and wherein updating the time model based on the obtained dwell time is performed in response to any one or more out of:
a detected change of the set of areas,
a predefined time and/or a periodic event,
obtaining an indication that a vehicle out of the set of vehicles operates in an area not associated with the time model,
detecting that the obtained dwell time for the at least one area is greater than a threshold, and detecting that the obtained dwell time for the at least one area is different from a previously estimated dwell time for the at least one area by more than a threshold (The Examiner notes that the steps following “optionally” are interpreted as not being required, and are therefore not given patentable weight.).
Claim 11, Kamiya further teaches:
The method of claim 10, wherein the method further comprises establishing the time model for a respective area in the set of areas, by obtaining one or more dwell times for the respective area, and establishing the time model based on the obtained dwell times, wherein the dwell times are respectively indicative of a time spent by one or more vehicles out of the set of vehicles in the respective area (Kamiya, Paragraph [0087], Fig. 5 shows how a dwell time prediction model may be built in accordance with embodiments of the invention, which includes monitoring the arrival time of a vehicle at a bus stop, when the vehicle departs the bus stop, and submitting the collected data when it is determined that the trip has ended. Similarly, Figs. 4A-4C also indicate methods of collecting vehicle data and historic data and determining whether dwell times exceed expected dwell times.).
Claim 12, Kamiya further teaches:
A vehicle comprising a processor device to perform the method of claim 2 (Kamiya, Paragraphs [0063-0064], The apparatus 202 may be a network of interconnected computing devices which operate together to perform a particular function. It would have been obvious to one of ordinary skill in the art, at the time of filing, for each computing device to be associated with a respective vehicle for performing the steps of monitoring the arrival time, departure time, location, and calculating the dwell time of each vehicle.).
Claim 14, Kamiya further teaches:
A control system comprising one or more control units configured to perform the method of claim 2 (Kamiya, Paragraphs [0063-0064]).
Claim 15, Kamiya further teaches:
A non-transitory computer-readable storage medium comprising instructions, which when executed by a processor device, cause the processor device to perform the method of claim 2 (Kamiya, Paragraph 0063]).
Response to Arguments
Applicant's arguments filed 01/30/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “dynamically determine/define areas) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant’s claims, as currently amended, require the step of determining to be dynamic, however, it appears that the Applicant intends for the locations/areas to be dynamic, i.e. created and updated in real time and not from a static list. Thus, the Applicant’s claims do not inherently or explicitly define the Applicant’s claimed invention in the way that the Applicant interprets the claims.
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 JAMES J YANG whose telephone number is (571)270-5170. The examiner can normally be reached 9:30am-6:00p M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN ZIMMERMAN can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J YANG/ Primary Examiner, Art Unit 2686