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 . Claims 1-4 are pending.
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 1-4 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Step 1 (The Statutory Categories): Is the claim to a process, machine, manufacture or composition of matter? MPEP 2106.03.
Per Step 1, claims 1-4 are to a system (i.e., a machine) and therefore directed to a statutory category of invention. However, the claims are rejected under 35 U.S.C. 101 because they are directed to an abstract idea, a judicial exception, without reciting additional elements that integrate the judicial exception into a practical application.
The analysis proceeds to Step 2A Prong One.
Step 2A Prong One: Does the claim recite an abstract idea, law of nature, or natural phenomenon? MPEP 2106.04.
The abstract idea of claim 1 is:
acquire a travel route of the user; and
communicate with the user to:
calculate a plurality of routes including a normal route and an economical route that contributes to reducing an environmental load more than the normal route;
extract at least one store that exists on the economical route and that contributes to reducing environmental load;
transmit the normal route, the economical route, and the at least one store to the user;
acquire the travel route of the user through communication with the user;
add, as a donor, a first store where the user uses a service among the at least one store; and
make a donation to a specific account managed by a social contribution business operator when the travel route of the user indicates that the user has moved along the economical route, and
display the normal route, the economical route, and the at least one store.
The abstract idea steps italicized above describe the interaction or exchange between parties concerning a specific monetary amount donated based on a user-selected travel route. This constitutes a process that, under its broadest reasonable interpretation, covers commercial activity. This is further supported by [0007] of applicant’s specification as filed. If a claim limitation, under its broadest reasonable interpretation, covers commercial interactions, including contracts, legal obligations, advertising, marketing, sales activities or behaviors, and/or business relations, then it falls within the Certain Methods of Organizing Human Activity – Commercial or Legal Interactions grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Additionally and alternatively, the abstract idea steps italicized above describe the rules or instructions that govern an interaction or exchange between parties, where a specific monetary amount is donated based on a user-selected travel route. This constitutes a process that, under its broadest reasonable interpretation, covers managing personal behavior relationships, interactions between people. This is further supported by [0007] of applicant’s specification as filed. If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior relationships, interactions between people, including social activities, teaching, and/or following rules or instructions, then it falls within the Certain Methods of Organizing Human Activity – Managing Personal Behavior Relationships, Interactions Between People grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two: Does the claim recite additional elements that integrate the judicial exception into a practical application? MPEP 2106.04.
Claim 1 recites the following additional elements: [user] device; global positioning system (GPS) module; server.
These elements are merely instructions to apply the abstract idea to a computer, per MPEP 2106.05(f). Applicant has only described generic computing elements, as seen in Fig. 2 of the specification as filed, along with the corresponding disclosure in the specification.
Further, the combination of these elements is nothing more than a generic computing system. Because the additional elements are merely instructions to apply the abstract idea to a computer, as described in MPEP 2106.05(f), they do not integrate the abstract idea into a practical application.
Therefore, per Step 2A Prong Two, the additional elements, alone and in combination, do not integrate the judicial exception into a practical application. The claim is directed to an abstract idea.
Step 2B (The Inventive Concept): Does the claim recite additional elements that amount to significantly more than the judicial exception? MPEP 2106.05.
Step 2B involves evaluating the additional elements to determine whether they amount to significantly more than the judicial exception itself.
The examination process involves carrying over identification of the additional element(s) in the claim from Step 2A Prong Two and carrying over conclusions from Step 2A Prong Two pertaining to MPEP 2106.05(f).
The additional elements and their analysis are therefore carried over: applicant has merely recited elements that facilitate the tasks of the abstract idea, as described in MPEP 2106.05(f).
Further, the combination of these elements is nothing more than a generic computing system. When the claim elements above are considered, alone and in combination, they do not amount to significantly more.
Therefore, per Step 2B, the additional elements, alone and in combination, are not significantly more. The claims are not patent eligible.
The analysis takes into consideration all dependent claims as well:
Claims 2-4 merely narrow the abstract idea highlighted above. This does not integrate into practical application, nor does it add significantly more. These claims are also ineligible.
Accordingly, claims 1-4 are rejected under 35 USC § 101 as being directed to non-statutory subject matter.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Sung (US 20220207629) in view of Bellowe (US 20170351978) and Hiragi (JP 2013130918 A; page numbers correspond to those provided at bottom of attached translation).
Claim 1
Sung discloses:
A donation management system {[0001] The field of the invention relates generally to a transit computing system and, more specifically, to systems and methods for computing travel options based at least in part on a projected environmental impact of each travel option. management of donation described in [0053]: Rewards computing device 112 is configured to process user-redemption of rewards and to store and/or access user reward data to/from rewards database 110. Rewards may be earned by, for example, a user choosing environmentally friendly travel options. More environmentally friendly travel options may be associated with more reward points than less environmentally friendly travel options. User reward data may include a number of reward points associated with a user and/or user account. Reward points may be redeemed for, for example, a variety of experiences, eco-friendly merchandise, commuter discounts, carbon-offsetting items (e.g., trees), and or sponsoring/“adopting” an endangered animal.} comprising:
a user device carried by a user and including a global positioning system (GPS) module configured to acquire a travel route of the user {[0093] Computing device 810 further includes analytics component 860 for, as examples, determining 704 (shown in FIG. 7) at least one travel option, and determining 706 (shown in FIG. 7), for each at least one travel option, at least one projected environmental trip detail. [0094] FIG. 9 illustrates an example embodiment of a screenshot 900 of a user interface displayed on user computing device 116 (shown in FIG. 1A) illustrating user input of trip data (e.g., trip data 206. shown in FIG. 2). A map 902 is displayed based on a current user location that may be determined by a user computing device's 116 location system, such as a global positioning system (GPS) sensor. [0095] FIG. 10 illustrates an example embodiment of a screenshot 1000 of a user interface displayed on user computing device 116 (shown in FIG. 1A) illustrating user selection from a plurality of travel options.}; and
a server configured to communicate with the user device {[0083] FIG. 6 illustrates an example configuration of a server system 601. Server system 601 may include, but is not limited to, TC device 102 (shown in FIG. 1A).}, wherein the server is configured to:
calculate a plurality of routes including a normal route and an economical route that contributes to reducing an environmental load more than the normal route {[0023] The TC service enables a user to select a travel option for a trip based at least in part on a projected environmental impact (e.g., projected carbon emissions) of the trip. After entering a current location and desired destination, the user will be provided with a plurality of travel options including a variety of travel modes. Each travel option displayed to the user will be associated with at least one projected environmental detail, which may include a projected environmental impact. The user will then be able to select and pay for the selected travel option with the least environmental impact, or a different travel option if so desired, within the same TC system. Confirmation of the selected travel option, which may include a ticket or receipt, is then provided to the user by the TC system. Accordingly, a user can request, select, pay for, and receive confirmation of a trip all within the same TC system, while also being able to identify one or more environmentally friendly travel options from a plurality of travel options.};
acquire the travel route of the user through communication with the user device {[0059] TC device 102 is additionally configured to compile enhanced travel data 210, including at least one projected environmental trip detail, in order of least projected environmental impact to most projected environmental impact (see, for example, FIG. 10). This will allow the option of easily choosing a more environmentally friendly travel option. Further, TC device 102 is configured to associate each travel option with an environmental impact indicator. The environmental impact indicator may be, for example, presenting relatively environmentally friendly travel options in the color green, while less environmentally friendly travel options may be in yellow, and even less environmentally friendly travel options may be displayed in red at user computing device 116.}; and
make a donation to a specific account managed by a social contribution business operator {[0053] Rewards computing device 112 is configured to process user-redemption of rewards and to store and/or access user reward data to/from rewards database 110. Rewards may be earned by, for example, a user choosing environmentally friendly travel options. More environmentally friendly travel options may be associated with more reward points than less environmentally friendly travel options. User reward data may include a number of reward points associated with a user and/or user account. Reward points may be redeemed for, for example, a variety of experiences, eco-friendly merchandise, commuter discounts, carbon-offsetting items (e.g., trees), and or sponsoring/“adopting” an endangered animal.}.
Sung doesn’t explicitly disclose, however, Bellowe, in a similar field of endeavor directed to determining an estimated total environmental impact for an entire trip and facilitating the payment of an offset, teaches:
[make a donation] when the travel route of the user indicates that the user has moved along the economical route {[0058] Data Acquisition Unit 230: The data acquisition unit 230 may receive data from sensors that provide advisory information regarding the location and/or activities in which the traveler is engaged. An example may be a GPS unit in a traveler's mobile device or car receiving latitude and longitude identifying the location of the device. It may also be possible to gather more fine grained information about the carbon impact of an automobile trip between point A and point B from the car itself, taking into consideration driving speed, starts and stops, and elevation changes to determine and record a person's location over time, which can include information regarding a path taken, speed, and an amount of time in transit. [0089] The view of the trip planning itinerary may change as a result of checking in. For example, continuing to refer to FIG. 7, the icon representing a particular itinerary entry may be displayed as faded (e.g. grayed out) once the trip is underway, but displayed sharp and bold upon checking into that event. Alternatively, any visual indicator may be provided in each itinerary entry, such as a light that illuminates or a box that is checked, when the traveler checks into an event. In addition, if geo-location is enabled, the actual distance travelled may be updated in the Offsets screen. Although not explicitly shown in FIG. 9, the distance column may be updated with the actual distance travelled, and a visual indicator, such as the use of color, may identify the distance reported as representing either estimated or actual distances. Alternatively, a separate column may be provided with the actual distance travelled.}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sung to include the features of Bellowe. Given that Sung is directed to evaluating the environmental impact of different travel options, one of ordinary skill in the art would look to Bellowe, in order to facilitate the integration of actual location data into environmental impact offset calculations, thereby ensuring a more accurate carbon impact determination {[0061] and [0072] of Bellowe}.
The combination of Sung and Bellowe doesn’t explicitly teach, however, Hiragi, in a similar field of endeavor directed to an ecological point contribution system based on route of travel, teaches:
extract at least one store that exists on the economical route and that contributes to reducing environmental load {Page 2: The lower part of FIG. 1 shows a simple eco route in which the members shown in the upper part get off the train on the route at work and move to the work place on foot. Of course, the same or different eco-route may exist not only when going to work but also when returning home. The system can recommend this eco-route, and not only present the travel route to the destination, but also present the credit card member stores that can use this service on the eco-route. And, when a member travels using the eco-route, if he / she makes a purchase using a credit card at the member store, he / she can receive a privilege service such as points preferentially than usual. The credit card here is mainly intended for a mobile card built in a member's portable terminal for convenience of carrying.};
transmit the normal route, the economical route, and the at least one store to the user device {Pages 8-9: FIG. 8 is a diagram illustrating Example 1 of the eco-route recommendation screen. The eco route recommendation screen can be called at any time immediately after normal route registration or after registration (same in other embodiments). For the commuting / commuting route information registered from the screen of FIG. 7, the eco route recommendation unit 102 of the service providing server 100 refers to the map information DB 120 and searches for an eco route having a higher “eco effect” than the normal route. The result is displayed on the screen 304. On the screen 304, the route / movement means of the normal route and the eco route are displayed in comparison. In this example, bicycle travel from home on the normal route to the nearest station A is changed to the next station D (one station closest to the destination) on the eco route, In the normal route, what was moved on foot from the nearest station B has been changed to walk on foot from the nearest station C. At this time, a list of member stores on the eco route is displayed, and the positions of those member stores are displayed as icons on the map. The arrow in the map indicates the direction of travel when going to work, but it goes without saying that it will be a double-directional arrow when going through the same route when returning home.};
add, as a donor, a first store where the user uses a service among the at least one store {Page 10: FIG. 12 is a diagram illustrating Example 3 of the eco route recommendation screen. When the registration of the normal route in FIG. 11 is finished, an eco route recommendation screen 304b is displayed. One or more routes that are eco routes with respect to the registered normal route are displayed. In this case, the comparison target is information on health such as travel distance, required time, average METs, calories consumed, in addition to the characteristics of the course. On this screen, multiple eco routes are displayed side by side for easy comparison. When an eco route is selected, the route map and member store search information on the route are displayed as in the previous examples, but products and services related to health and physical fitness development are handled even if not a member store. You may make it display a nearby store additionally. By doing so, it can be an opportunity to increase the number of member stores.}; and
the user device is configured to display the normal route, the economical route, and the at least one store {See previous citation, pages 8-10.}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination of Sung and Bellowe to include the features of Hiragi. Given that Sung is directed to evaluating the environmental impact of different travel options, one of ordinary skill in the art would look to Hiragi, in order to contribute to reducing environmental burden and promoting user health {Page 3 of Hiragi}.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Sung, Bellowe, and Hiragi, further in view of Sanchez (US 20230013561).
Claim 2
The combination of Sung, Bellowe, and Hiragi doesn’t explicitly teach, however, Sanchez, in a similar field of endeavor directed to reducing carbon emissions via alternative forms of transportation, teaches: wherein the server transmits a route that contributes to promoting health of the user in addition to contributing to reducing the environmental load to the user device as the economical route {[0069] At the process 318, for each of the one or more alternative forms of transportation, a third score indicative of a user preference for the respective alternative form of transportation by the user. As an example, the user preference includes a ranking of preferred forms of transportation and/or a ranking of attributes. According to some embodiments, the attributes include a cost, time, and carbon emissions associated with trips, a health improvement of the user, and/or a premium reduction of an insurance associated with the user. By considering the user preference, the computing device may select a recommended form of transportation that the user is likely to adapt.}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination of Sung, Bellowe, and Hiragi to include the features of Sanchez. Given that Sung is directed to evaluating the environmental impact of different travel options, one of ordinary skill in the art would look to Sanchez, in order to facilitate identifying alternative travel options that simultaneously promote user and environmental health, thereby enhancing the overall health of the user and surrounding environment {[0067] and [0076] of Sanchez}.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Sung, Bellowe, and Hiragi, further in view of Fletcher (US 20160232550).
Claim 3
The combination of Sung, Bellowe, and Hiragi doesn’t explicitly teach, however, Fletcher, in a similar field of endeavor directed to rewarding human-powered travel, teaches: wherein the server sets an employer of the user as an entity responsible for funds for donating to the specific account when the user moves along the economical route for business of the employer {[0195] In a further embodiment, it is envisaged that subscribers need not necessarily be individuals, but may also be groups of individuals or organisations such as corporate entities represented by one or more commuting individuals. Such groups may sign up as a single subscriber, or as a group of individuals to a single account, or a group of individuals to individual accounts that are processed according to a pre-established arrangement. For example, the individuals in a group are rewarded for their individual efforts at commuting by bicycle, and their organisation is rewarded for the number of commutes its individual commuters undertake as part of a registered or subscribed group.}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination of Sung, Bellowe, and Hiragi to include the features of Fletcher. Given that Sung is directed to evaluating the environmental impact of different travel options, one of ordinary skill in the art would look to Fletcher, in order to facilitate rewarding those who commute to work (or other regular destinations) using green travel means as a way of promoting and achieving 1) improved workforce health and productivity and 2) decreased pressure on the environment and economy {[0004] of Fletcher}.
Claim 4
The combination of Sung, Bellowe, and Hiragi doesn’t explicitly teach, however, Fletcher, in a similar field of endeavor directed to rewarding human-powered travel, teaches: wherein the server sets the user as an entity responsible for funds for donating to the specific account when the user moves according to the economical route for a personal purpose {[0195] In a further embodiment, it is envisaged that subscribers need not necessarily be individuals, but may also be groups of individuals or organisations such as corporate entities represented by one or more commuting individuals. Such groups may sign up as a single subscriber, or as a group of individuals to a single account, or a group of individuals to individual accounts that are processed according to a pre-established arrangement. For example, the individuals in a group are rewarded for their individual efforts at commuting by bicycle, and their organisation is rewarded for the number of commutes its individual commuters undertake as part of a registered or subscribed group.}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination of Sung, Bellowe, and Hiragi to include the features of Fletcher. Given that Sung is directed to evaluating the environmental impact of different travel options, one of ordinary skill in the art would look to Fletcher, in order to facilitate rewarding those who commute to work (or other regular destinations) using green travel means as a way of promoting and achieving: 1) improved workforce health and productivity; and 2) decreased pressure on the environment and economy {[0004] of Fletcher}.
Response to Arguments
Applicant’s remarks from 9/8/25 have been carefully considered. The headings and page numbers below correspond to those used by applicant.
Response to Rejections Under 35 U.S.C. § 101
Applicant’s arguments regarding the rejections under 35 U.S.C. § 101, while well taken, are not persuasive.
In particular, applicant has conflated the abstract idea, identified at Step 2A Prong One, with the additional elements, identified at Step 2A Prong Two. In this case, examiner maintains that the abstract idea (highlighted above) is simply being facilitated by generic computing elements, e.g., [user] device, global positioning system (GPS) module, and server.
These generically recited computing elements do not integrate the abstract idea into practical application and/or add significantly more, regardless of whether they are viewed alone or in combination. See MPEP 2106.05(f).
Accordingly, examiner maintains that the claims are ineligible.
Response to Rejections Under 35 U.S.C. 103
Applicant’s arguments with respect to the prior art rejections 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.
In summary, examiner has responded to all of applicant’s remarks.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Cundle (US 20110251861), which teaches: The invention is a computer-based method of saving for and booking travel arrangements. The method includes a full service travel website and computer accessible interest bearing bank account that is set up for the express purpose of saving funds for future travel. The method includes a reward system that allows users to pay for travel with the savings account funds, interest from the account, and the rewards points.
Tietzen (US 20230368252), which teaches: An issuer bank loads varying sponsor provided stored value amounts to inactive Virtual Payment Cards (VPCs), where the sponsor authorizes merchants and charities to receive merchant-defined donations incident to authorized transactions on the VPCs.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOHN SAMUEL WASAFF whose telephone number is (571)270-5091. The examiner can normally be reached Monday through Friday 8:00 am to 6:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SARAH MONFELDT can be reached at (571) 270-1833. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JOHN SAMUEL WASAFF
Primary Examiner
Art Unit 3629
/JOHN S. WASAFF/ Primary Examiner, Art Unit 3629