DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claim
The following is a Final Office Action in response to communications filed on 10 of September 2025.
Claims 1, 3-6, 8, 11, 13-16 and 18 have been amended.
Claims 2 and 12 have been cancelled.
Claims 1, 3-11, and 13-20 are currently pending and are rejected as described below.
Response to Argument/Remarks
35 USC § 101
Applicant asserts that the claims are patent eligible at least because they improve the technical field under Step 2A, Prong 2, by proactively addressing the situation in which articles loaded onto a vehicle that transports both articles and passengers can be adversely affected by a passenger by preventing or minimizing the time in which both the articles and passenger are on the vehicle together. See, e.g., c_n:c_n: [0005], [0023], and [0143]. As discussed during the interview, this technological improvement is even further apparent from the recitation and use of real-time positioning information from various satellite positioning receivers. The examiner respectfully disagrees. While the specification may help illuminate the true focus of a claim, when analyzing patent eligibility, reliance on the specification must always yield to the claim language in identifying that focus." Id. at 766; see also Trinity Info Media, 72 F.4th at 1363 ("Our focus is on the claims, as informed by the specification."). At bottom, we must "articulate what the claims are directed to with enough specificity to ensure the step one inquiry is meaningful." Thales Visionix Inc. v. United States, 850 F.3d 1343, 1347 (Fed. Cir. 2017). Therefore, the invention remains an observation (i.e. a mental process) of determining the recommendation information corresponding to the user identifier based on skills and a mathematical calculation (i.e. a mathematical concept) of determining a scored value via a scoring model merely applied by generic computer components disclosed at a high level of generality and do not satisfy the Alice Test. Regarding, “real-time”, “Examiners should keep in mind that both product claims (e.g., computer system, computer-readable medium, etc.) and process claims may recite mental processes. For example, in Mortgage Grader, the patentee claimed a computer-implemented system and a method for enabling borrowers to anonymously shop for loan packages offered by a plurality of lenders, comprising a database that stores loan package data from the lenders, and a computer system providing an interface and a grading module. The Federal Circuit determined that both the computer-implemented system and method claims were directed to “anonymous loan shopping”, which was an abstract idea because it could be “performed by humans without a computer.” 811 F.3d. at 1318, 1324-25, 117 USPQ2d at 1695, 1699-1700. See also FairWarning IP, 839 F.3d at 1092, 120 USPQ2d at 1294 (identifying both system and process claims for detecting improper access of a patient's protected health information in a health-care system computer environment as directed to abstract idea of detecting fraud); Content Extraction & Transmission LLC v. Wells Fargo Bank, N.A., 776 F.3d 1343, 1345, 113 USPQ2d 1354, 1356 (Fed. Cir. 2014) (system and method claims of inputting information from a hard copy document into a computer program). Accordingly, the phrase “mental processes” should be understood as referring to the type of abstract idea, and not to the statutory category of the claim… Examples of product claims reciting mental processes include:… A wide-area real-time performance monitoring system for monitoring and assessing dynamic stability of an electric power grid – Electric Power Group, 830 F.3d at 1351 and n.1, 119 USPQ2d at 1740 and n.1…” See MPEP 2106.04(a)(2). Mere automation of a manual process or claiming the improved speed or efficiency inherent with applying the abstract idea on a computer where these purported improvements come solely from the capabilities of a general-purpose computer are not sufficient to transform an abstract idea into a patent-eligible invention. See MPEP 2106.04(a); MPEP 2106.05(a); MPEP 2106.05(f); FairWarning IP, LLC v. Iatric Sys., 120 USPQ2d 1293, 1296 (Fed. Cir. 2016); Credit Acceptance Corp. v. Westlake Services, 123 USPQ2d 1100, 1108-09 (Fed. Cir. 2017); Intellectual Ventures I LLC v. Capital One Bank (USA), 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). Considered as an ordered combination, the generic computer components of applicant’s claimed invention add nothing that is not already present when the limitations are considered separately. For example, claims 1, 3, 4, 6, 11, 13, 14, and 16 do not purport to improve the functioning of the computer components themselves. Nor does it affect an improvement in any other technology or technical field. Instead, claims 1, 3, 4, 6, 11, 13, 14, and 16 amount to nothing significantly more than an instruction to apply the abstract ideas using generic computer components performing routine computer functions. That is not enough to transform an abstract idea into a patent-eligible invention. See Alice, 573 U.S. at 225-26.
Allowable Subject Matter
None of the cited art documented by the Examiner, taken individually or in combination, discloses or suggests the features in claims 1, 3, 4, 6, 11, 13, 14, and 16 nor could a person skilled in the art easily conceive of such features even in the light of common technical knowledge at the time of filing. Most notably, limitations from claims 2 and 12 previously deemed allowable and now rolled into the independent claims. Therefore, pending claims 1, 3-11, and 13-20 are distinguished from the prior arts cited by the Examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3-11, and 13-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machines, article of manufacture, or composition of matter. If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so, it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea. Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. ____ (2014). See MPEP 2106.03(II).
The claims are then analyzed to determine if the claims are directed to a judicial exception. MPEP §2106.04(a). In determining, whether the claims are directed to a judicial exception, the claims are analyzed to evaluate whether the claims recite a judicial exception (Prong One of Step 2A), and whether the claims recite additional elements that integrate the judicial exception into a practical application (Prong Two of Step 2A). See 2019 Revised Patent Subject Matter Eligibility Guidance (“PEG” 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50-57 (Jan. 7, 2019)).
With respect to 2A Prong 1, claim 1 recites “a communication interface; and a controller configured to: acquire information about an article to be loaded onto a vehicle; acquire, via the communication interface, article position information from a first satellite positing receiver in a first terminal apparatus associated with the article; acquire a characteristic of a person who can affect the article based on the information; acquire, via the communication interface, rider position information from a second satellite positing receiver in a second terminal apparatus associated with the person having the characteristic; based on the acquired article position information and the acquired rider position information, execute a concurrent riding determination to determine existence of concurrent riding on the vehicle by the article and the person having the characteristic; and in a case in which it is determined as a result of the concurrent riding determination that the article has been loaded onto the vehicle and the person having the characteristic is waiting at an upcoming stop of the vehicle, transmit, via the communication interface to the second terminal apparatus, a request notification for boarding vehicle change requesting to forgo boarding the vehicle and to board a subsequent vehicle after the vehicle”. Claims 3, 4, 6, 11, 13, 14, and 16 discloses similar limitations as Claim 1, and therefore recites an abstract idea.
More specifically, claims 1, 3, 4, 6, 11, 13, 14, and 16 “Mental Processes” in particular “concepts performed in the human mind (including an observation, evaluation, judgment, opinion)” and “Certain Methods of Organizing Human Activity” in particular “commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations)” as discussed in MPEP §2106.04(a)(2), and in the 2019-01-08 Revised Patent Subject Matter Eligibility Guidance. Accordingly, the claims recite an abstract idea.
Dependent claims 5, 7-10, 15, and 17-20 further recite abstract idea(s) contained within the independent claims, and do not contribute to significant more or enable practical application. Thus, the dependent claims are rejected under 101 based on the same rationale as the independent claims.
Under Prong Two of Step 2A of the Alice/Mayo test, the examiner acknowledges that Claims 1, 3, 4, 6, 11, 13, 14, and 16 recite additional elements yet the additional elements do not integrate the abstract idea into a practical application. In order for the judicial exception to be “integrated into a practical application”, an additional element or a combination of additional elements in the claim “will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception.” PEG, 84 Fed. Reg. 54 (Jan. 7, 2019). The courts have identified examples in which a judicial exception has not been integrated into a practical application when “an additional element does no more than generally link the use of a judicial exception to a particular technological environment or field of use.” PEG, 84 Fed. Reg. 55 (Jan. 7, 2019); MPEP § 2106.05(h). The claims are directed to an abstract idea.
In particular, claims 1, 3, 4, 6, 11, 13, 14, and 16 recite additional elements boldened and underline above. These are generic computer components recited as performing generic computer functions that are mere instructions to apply an exception, because it does no more than merely invoke computers or machinery as a tool to perform an existing process. Accordingly, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea. Further, the remaining additional element(s) italicized above reflect insignificant extra solution activities to the judicial exception. Accordingly, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea.
With respect to step 2B, claims 1, 3, 4, 6, 11, 13, 14, and 16 do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. The claims recite the additional element described above. This is a generic computer component recited as performing generic computer functions that are mere instructions to apply an exception, because it does no more than merely invoke computers or machinery as a tool to perform an existing process, as evidenced by at least ¶15-16 "The first terminal apparatus 20 is carried and used by a user of the vehicle 10. The first terminal apparatus 20 is, for example, a general-purpose electronic device, such as a smartphone, a tablet, or a personal computer (PC). By operating the first terminal apparatus 20, the user of the vehicle 10 can confirm the predetermined notification regarding cargo/passenger mixing presented by the information processing apparatus 40 and transmit a response to the information processing apparatus 40 as necessary”.
As a result, claims 1, 3, 4, 6, 11, 13, 14, and 16 do not include additional elements, when recited alone or in combination, that amount to significantly more than the above-identified judicial exception (the abstract idea). Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
Dependent claims 5, 7-10, 15, and 17-20 do not disclose additional elements, further narrowing the abstract ideas of the independent claims and thus not practically integrated under prong 2A as part of a practical application or under 2B not significantly more for the same reasons and rationale as above.
After considering all claim elements, both individually and in combination, Examiner has determined that the claims are directed to the above abstract ideas and do not amount to significantly more. See Alice Corporation Pty. Ltd. v. CLS Bank International, No. 13–298.
Conclusion
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 extension fee 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 MATHEUS R STIVALETTI whose telephone number is (571)272-5758. The examiner can normally be reached on M-F 8:30-5:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rutao (Rob) Wu can be reached on (571)272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-1822.
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/MATHEUS RIBEIRO STIVALETTI/Primary Examiner, Art Unit 3623 10/31/2025