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 .
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 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.
DETAILED ACTION
Claims status
Claims 1-14 are pending as the applicant filed on 11/01/2023.
Claim Rejections - 35 USC § 112
2. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1-14, the terms “maximum value” “similarity” “new similarity” “smaller” “gradually” “upper limit” “gradually narrowed down” “minimum value”
are vague and a relative term that renders the claim indefinite. The terms “maximum value” “similarity” “new similarity” “smaller” “gradually” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably appraised of the scope of the invention. An artisan doing measuring and testing would not know at what point “maximum value” “similarity” “new similarity” “smaller” “gradually” within the scope of the claim had been accomplished because nothing within the disclosure establishes when a sufficient “maximum value” “similarity” “new similarity” “smaller” “gradually” occur.
Note: In view of the PTO compact prosecution, the Examiner notes that due to the indefiniteness issues described above all consideration of the merits of the claims in view of prior art is as best understood.
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 1-14 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.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a trajectory evaluation method performed by a trajectory evaluation apparatus comprising a processor, the trajectory evaluation method comprising:
acquiring time series positioning data for a target and predetermined reference trajectory information; and mapping points representing the time series positioning data on a graph into corresponding points on a reference trajectory representing the predetermined reference trajectory information while relocating each mapped point onto a relocatable section taking into account a movable range dependent on a speed of the target appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of determining a maximum value of distances moved by the points while the points are mapped and relocated as a similarity between the time series positioning data and the reference trajectory are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? There is no more additional element. Step 2B: No. claim 1 not eligible.
Claim 8, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a trajectory evaluation apparatus for evaluating a point sequence representing time series positioning data of a target by determining a similarity between the point sequence and a predetermined reference trajectory, comprising: a memory storing program instructions; and a processor coupled to the memory and executing the program instructions stored in the memory, wherein the program instructions, when executed by the processor, causes the processor to: acquire time series positioning data for a target and predetermined reference trajectory information; and map points representing the time series positioning data on a graph into corresponding points on a reference trajectory representing the predetermined reference trajectory information while relocating each mapped point onto a relocatable section taking into account a movable range dependent on a speed of the target appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of determine a maximum value of distances moved by the points while the points are mapped and relocated as a similarity between the time series positioning data and the reference trajectory are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? There is no more additional element. Step 2B: No. claim 8 not eligible.
Claim 2 related to setting a similarity estimation range; choosing an estimated similarity from the similarity estimation range; and searching for the relocatable section on the reference trajectory based on the estimated similarity sequentially for all the points representing the time series positioning data and, when there are relocatable sections on the reference trajectory for all the points, determining an upper limit of the similarity estimation range or the estimated similarity as the similarity, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3 related to choosing a new estimated similarity and determining a new similarity based on the new similarity to determine the similarity or the new similarity which is smaller as an updated similarity, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4 related to after the upper limit of the similarity estimation range or the estimated similarity is determined as the similarity, changing the similarity estimation range, wherein the similarity estimation range is gradually narrowed down by a binary search technique, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 5 related to after the upper limit of the similarity estimation range or the estimated similarity is determined as the similarity, changing the estimated similarity in the similarity estimation range; and determining an estimated similarity value allowing the relocatable sections to be present on the reference trajectory for all the points and having a minimum value while changing the estimated similarity sequentially in the similarity estimation range, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible.
Claim 6 related to determining, for each of the points representing the time series positioning data, a portion of the reference trajectory to which a distance from the corresponding point is smaller than the estimated similarity as the relocatable section for the corresponding point, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible.
Claim 7 related to : adjusting the relocatable section to include only a subset of the portion of the reference trajectory to which distances from all the points in the relocatable section for a previous point are within the movable range dependent on the speed of the target, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim 9 related to set a similarity estimation range; choose an estimated similarity from the similarity estimation range; and search for the relocatable section on the reference trajectory based on the estimated similarity sequentially for all the points representing the time series positioning data and, when there are relocatable sections on the reference trajectory for all the points, determine an upper limit of the similarity estimation range or the estimated similarity as the similarity, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible.
Claim 10 related to choose a new estimated similarity and determine a new similarity based on the new similarity to determine the similarity or the new similarity which is smaller as an updated similarity, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 10 not eligible.
Claim 11 related to after the upper limit of the similarity estimation range or the estimated similarity is determined as the similarity, change the similarity estimation range, wherein the similarity estimation range is gradually narrowed down by a binary search technique, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 11 not eligible.
Claim 12 related to : after the upper limit of the similarity estimation range or the estimated similarity is determined as the similarity, change the estimated similarity in the similarity estimation range; and determine an estimated similarity value allowing the relocatable sections to be present on the reference trajectory for all the points and having a minimum value while changing the estimated similarity sequentially in the similarity estimation range, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 12 not eligible.
Claim 13 related to determine, for each of the points representing the time series positioning data, a portion of the reference trajectory to which a distance from the corresponding point is smaller than the estimated similarity as the relocatable section for the corresponding point, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 13 not eligible.
Claim 14 related to determine, for each of the points representing the time series positioning data, a portion of the reference trajectory to which a distance from the corresponding point is smaller than the estimated similarity as the relocatable section for the corresponding point comprises instructions causing the processor to: adjust the relocatable section to include only a subset of the portion of the reference trajectory to which distances from all the points in the relocatable section for a previous point are within the movable range dependent on the speed of the target, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 14 not eligible.
Claims 8-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claims are drawn to a " a processor coupled to the memory and executing the program instructions stored in the memory". The broadest reasonable interpretation of a claim drawn to a computer readable medium covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent (see MPEP 2111.01). Because the broadest reasonable interpretation covers a signal per se, a rejection under 35 USC 101 is appropriate as covering non-statutory subject matter. See 351 OG 212, Feb 23 2010.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-14 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Wang et al. (US 20200300972 A1), Date Published: 2020-09-24.
Regarding claim 1:
Wang described a trajectory evaluation method performed by a trajectory evaluation apparatus comprising a processor (0035, processor), the trajectory evaluation method comprising (0130, trajectory path):
acquiring time series positioning data for a target and predetermined reference trajectory information (0037, time series, 0130, time trajectory path); and
mapping points representing the time series positioning data on a graph into corresponding points on a reference trajectory representing the predetermined reference trajectory information (0354, mapped, distance) while relocating each mapped point onto a relocatable section taking into account a movable range dependent on a speed of the target (0353-0354, mapped, distance with speed, position, adjustment, adaptation, orientation, direction), and
determining a maximum value of distances moved by the points while the points are mapped and relocated as a similarity between the time series positioning data and the reference trajectory (0353-0356, movement, maximum of thresholds, minimum of thresholds, weighted average of thresholds, range).
Regarding claim 8:
Wang described a trajectory evaluation apparatus for evaluating a point sequence representing time series positioning data of a target by determining a similarity between the point sequence and a predetermined reference trajectory, comprising (0130, trajectory path position):
a memory storing program instructions; and a processor coupled to the memory and executing the program instructions stored in the memory, wherein the program instructions, when executed by the processor, causes the processor to (0035, processor):
acquire time series positioning data for a target and predetermined reference trajectory information (0130, trajectory path position); and
map points representing the time series positioning data on a graph into corresponding points on a reference trajectory (0062, map, environmental model) representing the predetermined reference trajectory information while relocating each mapped point onto a relocatable section taking into account a movable range dependent on a speed of the target (0130, trajectory/path/track), and determine a maximum value of distances moved by the points while the points are mapped and relocated as a similarity between the time series positioning data and the reference trajectory (0353-0356, movement, maximum of thresholds, minimum of thresholds, weighted average of thresholds, range).
Regarding claim 2, Wang further described setting a similarity estimation range; choosing an estimated similarity from the similarity estimation range; and searching for the relocatable section on the reference trajectory based on the estimated similarity sequentially for all the points representing the time series positioning data (0104-0105, similarity value time) and, when there are relocatable sections on the reference trajectory for all the points, determining an upper limit of the similarity estimation range or the estimated similarity as the similarity (0104-0105, similarity value first time) second time).
Regarding claim 3, Wang further described choosing a new estimated similarity and determining a new similarity based on the new similarity to determine the similarity or the new similarity which is smaller as an updated similarity (0104-0105, similarity value time, 0112, updated).
Regarding claim 4, Wang further described after the upper limit of the similarity estimation range or the estimated similarity is determined as the similarity, changing the similarity estimation range, wherein the similarity estimation range is gradually narrowed down by a binary search technique (0237, custom or adaptive narrow BPF after 0104-0105 similarity value).
Regarding claim 5, Wang further described after the upper limit of the similarity estimation range or the estimated similarity is determined as the similarity, changing the estimated similarity in the similarity estimation range; and determining an estimated similarity value allowing the relocatable sections to be present on the reference trajectory for all the points and having a minimum value (0270, max/min) while changing the estimated similarity sequentially in the similarity estimation range (0304, sequentially based on the number of TSCI).
Regarding claim 6, Wang further described determining for each of the points representing the time series positioning data, a portion of the reference trajectory to which a distance from the corresponding point is smaller than the estimated similarity as the relocatable section for the corresponding point (Fig. 5A-5F).
Regarding claim 7, Wang further described determining for each point representing the time series positioning data, a portion of the reference trajectory to which a distance from the point is smaller than the estimated similarity as the relocatable section for the point comprises: adjusting the relocatable section to include only a subset of the portion of the reference trajectory to which distances from all the points in the relocatable section for a previous point are within the movable range dependent on the speed of the target (0353, adjustment, adaptation, orientation, direction, axis, location, distance, displacement, height, speed, acceleration, angle, angular distance, angular speed, angular acceleration, radial distance, angular displacement, change, abrupt change, gradual change, change in frequency, change in period, transition).
Regarding claim 9, Wang further described map the points and determine the similarity are configured to cause the processor to: set a similarity estimation range (0043); choose an estimated similarity from the similarity estimation range; and search for the relocatable section on the reference trajectory based on the estimated similarity sequentially for all the points representing the time series positioning data (fig. 3A, 3B, grad cell cut) and, when there are relocatable sections on the reference trajectory for all the points, determine an upper limit of the similarity estimation range or the estimated similarity as the similarity (0130, time offset).
Regarding claim 10, Wang further described to map the points and determine the similarity are configured to cause the processor to: choose a new estimated similarity and determine a new similarity based on the new similarity to determine the similarity or the new similarity which is smaller as an updated similarity (0104-0105, similarity value first time) second time).
Regarding claim 11, Wang further described after the upper limit of the similarity estimation range or the estimated similarity is determined as the similarity, change the similarity estimation range, wherein the similarity estimation range is gradually narrowed down by a binary search technique (0237, custom or adaptive narrow BPF after 0104-0105 similarity value)..
Regarding claim 12, Wang further described after the upper limit of the similarity estimation range or the estimated similarity is determined as the similarity, change the estimated similarity in the similarity estimation range; and determine an estimated similarity value allowing the relocatable sections to be present on the reference trajectory for all the points and having a minimum value while changing the estimated similarity sequentially in the similarity estimation range (0304, sequentially based on the number of TSCI).
Regarding claim 13, Wang further described instructions causing the processor to: determine, for each of the points representing the time series positioning data, a portion of the reference trajectory to which a distance from the corresponding point is smaller than the estimated similarity as the relocatable section for the corresponding point (fig. 6, range change).
Regarding claim 14, Wang further described for each of the points representing the time series positioning data, a portion of the reference trajectory to which a distance from the corresponding point is smaller than the estimated similarity as the relocatable section for the corresponding point comprises instructions causing the processor to: adjust the relocatable section to include only a subset of the portion of the reference trajectory to which distances from all the points in the relocatable section for a previous point are within the movable range dependent on the speed of the target (0248, smaller displacement means lower SNR of breathing signal, 0257, body movement, 0353, adjustment, adaptation, movement, orientation).
Contact information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
March 9, 2026
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