DETAILED ACTION
This correspondence is responsive to the application filed on February 14, 2024. Claims 1-20 are pending in the case with claims 1, 10 and 19 in independent form.
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 .
Summary of Detailed Action
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) subject matter at a general, high-level of a method to track shipping equipment comprising analyzing the equipment ID to determine a possible matching equipment ID specific to the carrier entity; determining that the possible matching equipment ID matches an identification of an equipment specific to the carrier entity. This judicial exception is not integrated into a practical application and the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claims 1- 20 recite one of the four statutory categories of patent able subject matter and belong to the statutory class(es) of a process (method claims 1-9), a machine (system/apparatus claims 10-18), and an article of manufacture (non-transitory computer readable media claims 19-20).
Claim 1 recites a method, thus a process and one of the four statutory categories of patentable subject matter. However, claim 1 further recites to track shipping equipment comprising analyzing the equipment ID to determine a possible matching equipment ID specific to the carrier entity; determining that the possible matching equipment ID matches an identification of an equipment specific to the carrier entity, which are mental processes or concepts that can be performed in the human mind, including observation, evaluation, judgment or opinion, or by a human using pen and paper. MPEP 210604(a)(2)(III). Additionally, the above recitations are also certain methods of organizing human activity is used to describe concepts relating to 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, and business relations); and managing personal behavior or relationships or interactions between people, (including social activities, teaching, and following rules or instructions). MPEP 210604(a)(2)(II).
The claim does not include any additional elements which integrate the abstract idea into a practical application since the additional elements consist of:
computer-implemented (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. See also, MPEP 2106.05(f), MPEP 2106.04(d), 2019 Guidance, 84 FR 50 at 55, footnote 30.).
employing machine learning to (This additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).) Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
accessing a set of training data comprising a plurality of customer-associated equipment identifications (IDs) matched with a plurality of carrier-specific equipment IDs; (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31. Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
training, by at least one processor, a machine learning model using the set of training data; (This additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).) Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
receiving, by the at least one processor, an equipment ID related to a shipping agreement specifying the transportation of a set of goods by a carrier entity; (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31. Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
by the machine learning model that was trained, (This additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).) Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
by the at least one processor, (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. See also, MPEP 2106.05(f), MPEP 2106.04(d), 2019 Guidance, 84 FR 50 at 55, footnote 30.).
receiving, by the at least one processor, tracking information corresponding to the equipment specific to the carrier entity, wherein the tracking information is generated by a tracking device installed in the equipment specific to the carrier entity. (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31. Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
Thus, the claim is directed to the abstract idea.
Further, the additional elements, alone or in combination, do not provide significantly more than the abstract idea itself, because implementation on a computer (MPEP 2106.05(f)) cannot provide significantly more, and transmitting data over a network is well-understood, routine and conventional (MPEP 2106.05(d), and generally linking the use of the judicial exception to a particular technological field of use does not meaningfully limit the claims (MPEP 2106.04(d)) and the combination of additional elements does not provide an inventive concept. Thus, the claim is ineligible.
Claim 2, dependent on claim 1, recites additional abstract ideas for wherein analyzing the equipment ID comprises: analyzing, the equipment ID to determine a plurality of possible matching equipment IDs specific to the carrier entity, which are mental processes or concepts that can be performed in the human mind, including observation, evaluation, judgment or opinion, or by a human using pen and paper. MPEP 210604(a)(2)(III). Additionally, the above recitations are also certain methods of organizing human activity is used to describe concepts relating to 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, and business relations); and managing personal behavior or relationships or interactions between people, (including social activities, teaching, and following rules or instructions). MPEP 210604(a)(2)(II).
The claim does not include any additional elements which integrate the abstract idea into a practical application since the additional elements consist of:
by the machine learning model that was trained, (This additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).) Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
Claim 3, dependent on claim 2, recites only additional abstract ideas for wherein the plurality of possible matching equipment IDs is ordered according to a respective probability that each of the plurality of possible matching equipment IDs matches the identification of the equipment specific to the carrier entity, which are mental processes or concepts that can be performed in the human mind, including observation, evaluation, judgment or opinion, or by a human using pen and paper. MPEP 210604(a)(2)(III). Additionally, the above recitations are also certain methods of organizing human activity is used to describe concepts relating to 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, and business relations); and managing personal behavior or relationships or interactions between people, (including social activities, teaching, and following rules or instructions). MPEP 210604(a)(2)(II).
Claim 4, dependent on claim 3, recites only additional abstract ideas for wherein determining that the possible matching equipment ID matches the identification of the equipment specific to the carrier entity comprises: determining that a first possible matching equipment ID, of the plurality of possible matching equipment IDs, having the highest probability does not match the identification of the equipment specific to the carrier entity; and determining that a second possible matching equipment ID, of the plurality of possible matching equipment IDs, having the next highest probability does match the identification of the equipment specific to the carrier entity, which are mental processes or concepts that can be performed in the human mind, including observation, evaluation, judgment or opinion, or by a human using pen and paper. MPEP 210604(a)(2)(III). Additionally, the above recitations are also certain methods of organizing human activity is used to describe concepts relating to 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, and business relations); and managing personal behavior or relationships or interactions between people, (including social activities, teaching, and following rules or instructions). MPEP 210604(a)(2)(II).
Claim 5, dependent on claim 1, recites additional abstract ideas for wherein determining that the possible matching equipment ID matches the identification of the equipment specific to the carrier entity comprises: determining that the possible matching equipment ID matches the identification of the equipment specific to the carrier entity, which are mental processes or concepts that can be performed in the human mind, including observation, evaluation, judgment or opinion, or by a human using pen and paper. MPEP 210604(a)(2)(III). Additionally, the above recitations are also certain methods of organizing human activity is used to describe concepts relating to 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, and business relations); and managing personal behavior or relationships or interactions between people, (including social activities, teaching, and following rules or instructions). MPEP 210604(a)(2)(II).
The claim does not include any additional elements which integrate the abstract idea into a practical application since the additional elements consist of:
by the at least one processor via an application programming interface (API) associated with the carrier entity, (This additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).)).
Claim 6, dependent on claim 1, recites additional abstract ideas for updating based on the possible matching equipment ID matching the identification of the equipment specific to the carrier entity, which are mental processes or concepts that can be performed in the human mind, including observation, evaluation, judgment or opinion, or by a human using pen and paper. MPEP 210604(a)(2)(III). Additionally, the above recitations are also certain methods of organizing human activity is used to describe concepts relating to 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, and business relations); and managing personal behavior or relationships or interactions between people, (including social activities, teaching, and following rules or instructions). MPEP 210604(a)(2)(II).
The claim does not include any additional elements which integrate the abstract idea into a practical application since the additional elements consist of:
by the at least one processor, the machine learning model (This additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).) Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
Claim 7, dependent on claim 1, does not include any additional elements which integrate the abstract idea into a practical application since the additional elements consist of
wherein the set of training data comprises a set of correctly-matched equipment IDs and a set of incorrectly-matched equipment IDs, (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31. Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
wherein training the machine learning model comprises: continuously exposing, by the at least one processor, the machine learning model to the set of correctly-matched equipment IDs and the set of incorrectly-matched equipment IDs; and based on the continuously exposing, updating a set of internal weights for the machine learning model. (This additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).) Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
Claim 8, dependent on claim 1, recites additional abstract ideas for requesting an electronic logging device (ELD) provider to provide the tracking information corresponding to the equipment specific to the carrier entity, which are mental processes or concepts that can be performed in the human mind, including observation, evaluation, judgment or opinion, or by a human using pen and paper. MPEP 210604(a)(2)(III). Additionally, the above recitations are also certain methods of organizing human activity is used to describe concepts relating to 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, and business relations); and managing personal behavior or relationships or interactions between people, (including social activities, teaching, and following rules or instructions). MPEP 210604(a)(2)(II).
The claim does not include any additional elements which integrate the abstract idea into a practical application since the additional elements consist of:
wherein receiving the tracking information corresponding to the equipment specific to the carrier entity (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31.).
by the at least one processor, (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. See also, MPEP 2106.05(f), MPEP 2106.04(d), 2019 Guidance, 84 FR 50 at 55, footnote 30.).
receiving, by the at least one processor from the ELD provider, the tracking information. (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31.).
Claim 9, dependent on claim 1, does not include any additional elements which integrate the abstract idea into a practical application since the additional elements consist of
wherein receiving the tracking information corresponding to the equipment specific to the carrier entity (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31.).
receiving, by the at least one processor according to a set of data feed parameters, the tracking information corresponding to the equipment specific to the carrier entity. (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31.).
Claim 10 recites a system, thus a machine and one of the four statutory categories of patentable subject matter. However, claim 10 further recites to track shipping equipment, analyze the equipment ID to determine a possible matching equipment ID specific to the carrier entity, determine that the possible matching equipment ID matches an identification of an equipment specific to the carrier entity, which are mental processes or concepts that can be performed in the human mind, including observation, evaluation, judgment or opinion, or by a human using pen and paper. MPEP 210604(a)(2)(III). Additionally, the above recitations are also certain methods of organizing human activity is used to describe concepts relating to 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, and business relations); and managing personal behavior or relationships or interactions between people, (including social activities, teaching, and following rules or instructions). MPEP 210604(a)(2)(II).
The claim does not include any additional elements which integrate the abstract idea into a practical application since the additional elements consist of:
employing machine learning (This additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).) Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
a memory storing (i) a set of computer-readable instructions, (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. See also, MPEP 2106.05(f), MPEP 2106.04(d), 2019 Guidance, 84 FR 50 at 55, footnote 30.) and (ii) a set of training data comprising a plurality of customer-associated equipment identifications (IDs) matched with a plurality of carrier-specific equipment IDs (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data, store data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31. Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
at least one processor interfaced with the memory, and configured to execute the set of computer-readable instructions to cause the at least one processor to: (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. See also, MPEP 2106.05(f), MPEP 2106.04(d), 2019 Guidance, 84 FR 50 at 55, footnote 30.)
train a machine learning model using the set of training data, (This additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).) Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
receive an equipment ID related to a shipping agreement specifying the transportation of a set of goods by a carrier entity, (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31.).
by the machine learning model that was trained, (This additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).) Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
receive tracking information corresponding to the equipment specific to the carrier entity, wherein the tracking information is generated by a tracking device installed in the equipment specific to the carrier entity. (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31.).
Thus, the claim is directed to the abstract idea.
Further, the additional elements, alone or in combination, do not provide significantly more than the abstract idea itself, because implementation on a computer (MPEP 2106.05(f)) cannot provide significantly more, and transmitting data over a network is well-understood, routine and conventional (MPEP 2106.05(d), and generally linking the use of the judicial exception to a particular technological field of use does not meaningfully limit the claims (MPEP 2106.04(d)) and the combination of additional elements does not provide an inventive concept. Thus, the claim is ineligible.
Claim 19 recites a non-transitory computer-readable storage medium, thus an article of manufacture and one of the four statutory categories of patentable subject matter. However, claim 19 further recites for analyzing, the equipment ID to determine a possible matching equipment ID specific to the carrier entity; determining that the possible matching equipment ID matches an identification of an equipment specific to the carrier entity, which are mental processes or concepts that can be performed in the human mind, including observation, evaluation, judgment or opinion, or by a human using pen and paper. MPEP 210604(a)(2)(III). Additionally, the above recitations are also certain methods of organizing human activity is used to describe concepts relating to 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, and business relations); and managing personal behavior or relationships or interactions between people, (including social activities, teaching, and following rules or instructions). MPEP 210604(a)(2)(II).
The claim does not include any additional elements which integrate the abstract idea into a practical application since the additional elements consist of:
A non-transitory computer-readable storage medium configured to store instructions executable by a computer processor, the instructions comprising: (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. See also, MPEP 2106.05(f), MPEP 2106.04(d), 2019 Guidance, 84 FR 50 at 55, footnote 30.)
instructions for accessing a set of training data comprising a plurality of customer-associated equipment identifications (IDs) matched with a plurality of carrier-specific equipment IDs; (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31. Also, this additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).)).
instructions for training a machine learning model using the set of training data; (This additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).) Also, this additional element amounts to no more than generally linking the use of the judicial exception to a particular technologic environment or field of use - The application or use of the judicial exception in this manner does not meaningfully limit the claim by going beyond generally linking the use of the judicial exception to a particular technological environment. MPEP 2106.05(h)).
instructions for receiving an equipment ID related to a shipping agreement specifying the transportation of a set of goods by a carrier entity; (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31. Also, this additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).)).
instructions for (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. See also, MPEP 2106.05(f), MPEP 2106.04(d), 2019 Guidance, 84 FR 50 at 55, footnote 30.)
instructions for receiving tracking information corresponding to the equipment specific to the carrier entity, wherein the tracking information is generated by a tracking device installed in the equipment specific to the carrier entity. (An additional element of extra-solution activity that courts have identified is well understood, routine and conventional activity for receiving or transmitting data over a network, e.g., using the internet to gather data. See also, MPEP 2106.05(d)(II), MPEP 2106.05(g), 2019 Guidance, 84 FR 50 at 55, 2019 Guidance, 84 FR 50, footnote 31. Also, this additional element amounts to merely the words to “apply it” (or an equivalent) or are mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f).)).
Thus, the claim is directed to the abstract idea.
Further, the additional elements, alone or in combination, do not provide significantly more than the abstract idea itself, because implementation on a computer (MPEP 2106.05(f)) cannot provide significantly more, and transmitting data over a network is well-understood, routine and conventional (MPEP 2106.05(d), and generally linking the use of the judicial exception to a particular technological field of use does not meaningfully limit the claims (MPEP 2106.04(d)) and the combination of additional elements does not provide an inventive concept. Thus, the claim is ineligible.
Dependent claims 11-18 and 20 are comparably rejected as set forth above with respect to dependent claims 2-9.
Allowable Subject Matter
Claims 1-20 would be allowable if the rejections of claims 1-20 under 35 U.S.C. as being directed to an abstract idea without significantly more are overcome.
The following is a statement of reasons for the indication of allowable subject matter: The closest known prior art references of record are Miller et al. (Pub. No. US 2019/0172010), Mains, JR., et al. (Pub. No. US 2020/0342247), Bebout et al. (Pub. No. US 2019/0213538), Bourland et al. (Pub. No. US 2020/0410441), Wooten (Patent No. US 7,577,622), Suen et al. (Pub. No. US 2021/0042705) Kuersten et al. (Pub. No. US 2017/0039666), Duraisamy et al. (Pub. No. US 2023/0126369), Irwin et al. (Pub. No. US 2020/0349496) , and Clarke et al. (Pub. No. US 2016/0335593)
Miller et al. (Pub. No. US 2019/0172010) Miller discloses a method of establishing a freight shipment comprising interfacing with one or more transportation management systems and load boards. Data comprising one or more available freight loads and freight capacity is transmitted from the one or more transportation management systems in substantially real time. The one or more available freight loads and freight capacity are searched and one or more of the one or more available freight loads are matched with one or more of the one or more available freight capacity. The method continues with negotiating one or more details of a contract between the one or more of the available freight loads and one or more of the freight capacity, confirming the details between the one or more of the available freight loads and one or more of the freight capacity, collecting invoicing information, and inserting electronic receivables in one of the transportation management systems and load boards the one or more details of the contract. Abstract, Figure 11..
Mains, JR., et al. (Pub. No. US 2020/0342247) Mains Disclosed systems and methods provide automatic recognition of information from stationary and/or moving vehicles. A disclosed system includes an image capture device that captures an image of a vehicle surface and thereby generates image data. A processor circuit receives the image data from the image capture device and may process the image data to determine a Department of Transportation (DOT) number. The processor circuit may control the image capture device to capture a plurality of images, to detect and recognize text characters in each of the plurality of images, and to compare probabilities of likely DOT numbers determined from each of the plurality of images. The processor circuit may be further configured to determine DOT numbers from captured images by processing image data using a machine learning algorithm. The system may be configured to be portable and to perform real-time analysis using an application specific integrated circuit (ASIC).Abstract. Figures 3-5.
Bebout et al. (Pub. No. US 2019/0213538) Bebout discloses A shipping management system comprising a memory configured with shipping records representing shipments from a plurality of carriers and scheduling rules that specify a plurality of update frequencies. The shipping management system comprises a processor coupled to the memory. The shipping management system comprises a non-transitory computer readable medium comprising a set of computer executable instructions, the computer executable instructions executable by the processor to dynamically schedule, according to the scheduling rules, updates to update the shipping records; based on the dynamic scheduling, issue update application programming interface (API) calls according to APIs of carrier systems of respective carriers to request shipment data for the shipments; and update the shipping records based on the shipment data returned in response to the API calls. Abstract.
Bourland et al. (Pub. No. US 2020/0410441). Bourland discloses a computer system that queries a carrier computer system of a carrier associated with a shipment to determine whether delivery appointment scheduling is available for the shipment, based on a determination that the delivery appointment scheduling is available, generates and transmits a link for a dynamically generated web page to the recipient; receives a signal indicating activation of the link; obtains scheduling information for the shipment from the carrier computer system; dynamically generates page code for the web page and transmits the web page to a client, the web page displaying information associated with the shipment and digital assets that visually correspond to the shipper of the shipment and including a scheduling tool; receives a selection of a time slot from the scheduling tool; and communicates with the carrier computer system to update the carrier computer system with the time slot to schedule delivery of the shipment to the recipient. Abstract. Figure 11.
Wooten (Patent No. US 7,577,622) Wooten discloses A collaboration method and apparatus, is provided for the management of transactions and data, in a networked computing environment, between carriers and shippers in the transport of goods. In one aspect, an improved technique is provided, which reduces, or eliminates, the data redundancy in the management of transactions and data between carriers and shippers. In some embodiments, trading is done only between selected trading partners. Agstract.
Suen et al. (Pub. No. US 2021/0042705). Suen discloses A network computer system operates to store a plurality of records, where the plurality of records identify (i) a plurality of shipment orders, and (ii) a plurality of freight operators. The record for each shipment order identifies a set of shipment parameters for that shipment order, and the record for each freight operators identifies availability information for the freight operator. One or more matching processes are performed using the plurality of records, to match shipment orders and freight operators. The network computer system generates a preview panel to display matchings as between shipment orders of the plurality of shipments orders, and available freight operators of the plurality of freight operators. Abstract.
Kuersten et al. (Pub. No. US 2017/0039666). Kuersten discloses A connected logistics platform is provided to integrate data from various logistics sources. The platform can provide rule-based messaging and/or tracking. The platform can also provide selective access to the integrated data based on user role profile. Related system, method, apparatus, and non-transitory computer readable medium are also provided. Abstract.
Duraisamy et al. (Pub. No. US 2023/0126369) Duraisamy discloses A transportation data aggregator platform (“TDAP”) receives, from a carrier computing device, a selection of one or more electronic logging device (“ELD”) provider systems associated with ELDs of vehicles of a carrier. The TDAP, for each of the one or more selected ELD provider systems, (1) displays, on the computing device of the carrier computing device, a request for credentials associated with the selected ELD provider system, (2) receives, via the carrier computing device, an input comprising the credentials, (3) communicates, to the ELD provider system, the credentials, and (4) receives, from the ELD provider system, a response confirming a validity of the communicated credentials. The TDAP, in response to receiving the response for each of the one or more selected ELD provider systems, generates a letter of authorization (“LOA”) and accesses ELD data logged by ELDs of the carrier from the one or more selected ELD provider systems. Abstract.
Irwin et al. (Pub. No. US 2020/0349496) discloses A system, method and storage medium for checking in and monitoring carrier vehicles associated with shipments. The system including a server, having a processor and a storage medium, a plurality of tasks and/or workflows, software executing on the server receiving data indicative of a carrier vehicle and a shipment, generating and/or loading a workflow, and initiating a text message to a mobile device of a driver of the carrier vehicle, and software executing on the server receiving at least one text message from the driver of the carrier vehicle indicative of a confirmation of an event, and recording at least one timestamp associated with the event confirmed by the at least one text message. Abstract.
Clarke et al. (Pub. No. US 2016/0335593) discloses A method, system, and computer program product provides efficient matching of shipments with carriers and real time online tracking of shipments. The method includes receiving a carrier input that includes a desired end destination of an equipment of the carrier, and a processor locating at least one available shipment having one of (i) a shipment pick-up point within a pre-established, shipment pick-up zone and (ii) a shipment delivery point within an acceptable shipment drop-off zone of the desired end destination. The processor dynamically determines and maps an optimal route and generates and displays an available shipment (AV) user interface (UI), with a complete route for the equipment from a desired starting point to the desired end destination. The processor then calculates and provides, via the AV UI, an opportunity cost of the shipment, based in part on a total number of empty miles associated with the route. Abstract.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-20050278063-A1, US-20200349496-A1, US-20240095658-A1, US-20250227468-A1, US-12373769-B1.
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/BARBARA M LEVEL/ Examiner, Art Unit 2142
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