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 .
Response to Arguments
2. The Amendment filed on June 10, 2026, has been entered. The examiner acknowledges the amendments to claim 10, the cancellation of claims 1-9 and the addition of claims 11-15.
Rejections under 35 U.S.C § 112(b): Cancellation of claims 1-9 cancels the rejections under 35 U.S.C § 112.
Applicant’s amendments to claim 10 overcome earlier § 112(b) rejections.
Rejections under 35 U.S.C. § 101: Applicant argues under 35 U.S.C. § 101 that claim 10 is directed to a statutory category of invention. Examiner agrees.
Applicant argues that amended claim 1 does not recite a mental process. Examiner notes that claim 1 was cancelled and not amended.
Claims 1-9 were cancelled. Amended claim 10 and new claims 11-15 have been examined and the results provided below.
Rejections under 35 U.S.C. § 103: Applicant’s amendments to claim 10 incorporating all the features of claim 4, previously not rejected, overcome rejections to claim 10 under 35 U.S.C. § 103. Dependent claims 11-15 are not rejected based on their inherent dependency on independent claim 10.
Claim Rejections – 35 U.S.C. § 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 10-15 are rejected under 35 U.S.C. § 101 because the claimed invention is
directed to non-statutory subject matter. The claims, 10-15 are directed to a judicial exception (i.e., law of nature, natural phenomenon, abstract idea) without providing significantly more.
Step 1
Step 1 of the subject matter eligibility analysis per MPEP § 2106.03, required the claims to be a process, machine, manufacture or a composition of matter. Claims 10-15 are directed to a process (method), which is a statutory categories of invention.
Step 2A
Claims 10-15 are directed to abstract ideas, as explained below.
Prong one of the Step 2A analysis requires identifying the specific limitation(s) in the claim under examination that the examiner believes recites an abstract idea, and determining whether the identified limitation(s) falls within at least one of the groupings of abstract ideas of mathematical concepts, mental processes, and certain methods of organizing human activity.
Step 2A-Prong 1
The claims recite the following limitations that are directed to abstract ideas, which can be summarized as being directed to a method, the abstract idea, of optimal dispatching of open-pit mining loaders and trucks through the application of digital twins.
Claim 1 discloses an open-pit mine truck dispatching method for dispatching loaders and trucks, (following rules or instructions, observation, evaluation, judgement, opinion),
comprising: receiving a production plan, obtaining the available information for loaders and trucks and send the available information to the dispatcher; (following rules or instructions, observation, evaluation, judgement, opinion),
controlling dispatcher generates dispatching instructions, the loader and the truck are dispatched based on the dispatching instruction, updating the property information of the loader, the unloading point, the truck, and the transportation path, (following rules or instructions, observation, evaluation, judgement, opinion),
wherein the available information includes at least one of the identification information, current information, and fault information, the dispatching instruction includes a loader dispatching instruction and a truck dispatching instruction, and the drivers includes a truck driver and a loader driver;
wherein the attribute information of the loader includes the loader number, the loader name, the muck pile number, the muck pile name, the loading capacity per hour, the planned output of the loader, the completed output of the loader, the planned time, the current position information of the loader, the dispatched fleet of the loader and the status of the loader:
the attribute information of the truck includes truck number, truck name, marked load, starting point number, target point number and the state of the truck itself:
the attribute information of the unloading point includes unloading point number, unloading point name, hourly throughput, unloading point planned output, unloading point completed output, cumulative taste, unloading point location coordinates, unloading point dispatched fleet and unloading point status:
the attribute information of the transportation path includes path start number, path end number, empty vehicle flow rate and heavy vehicle flow rate:
wherein when the available information is identification information:
the dispatcher is used to distribute the information to the loader and the truck:
the loader is used to generate the loader dispatching instruction based on the information and send the loader dispatching instruction to the loader driver for dispatching the loader: (following rules or instructions, observation, evaluation, judgement, opinion),
the truck is used to determine whether the information belongs to the work or repeated based on the truck's own state, if the work, the request information is generated based on the information, and the request information is sent to the dispatcher, if the repeat, the last truck dispatching command is sent to the truck driver:
the dispatcher is also used to generate a truck dispatching command based on the request information and send the truck dispatching command to the truck: (following rules or instructions, observation, evaluation, judgement, opinion),
the truck is also used to update the property information of the truck according to the truck dispatching instruction and send the truck dispatching instruction to the truck driver for dispatching the truck; (following rules or instructions, observation, evaluation, judgement, opinion),
the truck is also used to determine the first target loader and the first target unload point associated with the truck, and update the loader dispatched fleet list of the first target loader and the unloading point dispatched fleet list of the first target unload point, (following rules or instructions, observation, evaluation, judgement, opinion).
Additional limitations extend the limitations by distributing real time information to the loader and truck digital twins, updating and saving their attributes, determining if a heavy or empty car information based on its state, generating necessary truck dispatching command, updating truck property information, and determining a second target loader and fleet lists (following rules or instructions, observation, evaluation, judgement, opinion – claim 11), and judging the types of faults, identifying faulty equipment and any assets dispatched to the faulty equipment, and clearing the list of dispatched assets to the faulty equipment, and reducing the completion of production, (following rules or instructions, observation, evaluation, judgement, opinion – claim 12), and when attributes indicate a pending collision, anti-collision warnings are sent to the truck and loader, following rules or instructions, observation, evaluation, judgment opinion – claim 13), where the production plan includes an end time, sending orders to assets of production end time, and when operators exit the equipment, setting their status to offline, following rules or instructions, observation, evaluation, judgement, opinion – claim 14), and the dispatcher digital twin destroying all other system digital twins when the truck and loader go offline, following rules or instructions, observation, evaluation, judgement, opinion – claim 15).
Thus, the concepts set forth in claims 10-15 recite abstract ideas.
Step 2A-Prong 2
As per MPEP § 2106.04, while the claims 10-15 recite additional limitations which are hardware or software elements such as automatic dispatching, a server, creating a digital twin, driver terminals, a login, real-time information, a terminal, these limitations are not sufficient to qualify as a practical application being recited in the claims along with the abstract ideas since these elements are invoked as tools to apply the instructions of the abstract ideas in a specific technological environment. The mere application of an abstract idea in a particular technological environment and merely limiting the use of an abstract idea to a particular technological field do not integrate an abstract idea into a practical application (MPEP § 2106.05 (f) & (h)).
Evaluated individually, the additional elements do not integrate the identified abstract ideas into a practical application. Evaluating the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
The claims do not amount to a “practical application” of the abstract idea because they neither (1) recite any improvements to another technology or technical field; (2) recite any improvements to the functioning of the computer itself; (3) apply the judicial exception with, or by use of, a particular machine; (4) effect a transformation or reduction of a particular article to a different state or thing; (5) provide other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, claims 10-15 are directed to abstract ideas.
Step 2B
Claims 10-15 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 analysis above describes how the claims recite the additional elements beyond those identified above as being directed to an abstract idea, as well as why identified judicial exception(s) are not integrated into a practical application. These findings are hereby incorporated into the analysis of the additional elements when considered both individually and in combination.
For the reasons provided in the analysis in Step 2A, Prong 1, evaluated individually, the additional elements do not amount to significantly more than a judicial exception. Thus, taken alone, the additional elements do not amount to significantly more than a judicial exception.
Evaluating the claim limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. In addition to the factors discussed regarding Step 2A, prong two, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely amount to instructions to implement the identified abstract ideas on a computer.
Therefore, since there are no limitations in the claims 10-15 that transform the exception into a patent eligible application such that the claims amount to significantly more than the exception itself, the claims are directed to non-statutory subject matter and are rejected under 35 U.S.C. § 101.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as
set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Claim 10 is not rejected by prior art under 35 U.S.C. § 103. Dependent claims 11-15
are not rejected by prior art because of their inherent dependency on claim 10.
The closest prior art to the invention includes Li, (CN 113219933 A), “Open Mine Unmanned Truck Dispatching System And Method Based On Digital Twinborn Prediction,” Sakata, (US 20220326680 A1) “Digital Twin Management System and Method,” Zhang, (CN 109858781 A), “A Coal Mine Coal Mining Plan Rapid Generation And Linking Adjusting Method,” Chen, (WO 2021121232 A1), Autonomous Parking Method and Device,” and Gee, (US 20110068895 A1), “Control of a Vehicle Having a Passive Entry-Passive Start Function.”
None of the prior art alone or in combination teach the claimed invention as recited in this claim wherein the novelty is in the combination of all the limitations and not in a single limitation.
Regarding claim 10, Li in view of Sakata teaches An open-pit mine truck automatic dispatching method used in a server for dispatching loaders and trucks, comprising: (open mine unmanned truck scheduling system and method based on digital twinning prediction, [Abstract], the invention creates comprehensive digital model of the mine truck scheduling system of the whole open mine, electric shovel, unloading area, road network and so on, the digital twinning system is realized, [p.8]),
creating a dispatcher digital twin to receive a production plan based on the dispatcher digital twin, and create at least one loader digital twin, at least one unloading point digital twin, at least one truck digital twin, and at least one transportation path digital twin based on the production plan; Li teaches (many enterprises operating open-air mine realize using the related scheduling information management system to schedule the mine truck production task.[p2], (scheduling system based on digital twinning prediction, an intelligent scheduling platform, a model module and a scheduling calculation module; the model module comprises a map abstract model, a mine truck model, an electric shovel model and an unloading area model; [p.2]),
obtaining the available information for loaders and trucks by driver terminals of the loaders and the trucks, and send the available information to the dispatcher digital twin; Li teaches (the scheduling system comprises an intelligent scheduling platform, a model module and a scheduling calculation module; the intelligent scheduling platform through the signal tower and the mine truck, shovel; the unloading area establishes network communication, for receiving the state information of the mine truck, electric shovel, unloading area, and sending to the model module to update each model instance, [Abstract]),
Li and others teach only part of the attribute information, wherein the available information includes at least one of the login information, real-time information and fault information, the dispatching instruction includes a loader dispatching instruction and a truck dispatching instruction, and the driver terminal includes a truck driver terminal and a loader driver terminal;
wherein the attribute information of the loader digital twin includes the loader number, the loader name, the muck pile number, the muck pile name, the loading capacity per hour, the planned output of the loader, the completed output of the loader, the planned time, the current position information of the loader, the dispatched fleet of the loader and the status of the loader:
the attribute information of the truck digital twin includes truck number, truck name, marked load, starting point number, target point number and the state of the truck itself: the attribute information of the unloading point digital twin includes unloading point number, unloading point name, hourly throughput, unloading point planned output, unloading point completed output, cumulative taste, unloading point location coordinates, unloading point dispatched fleet and unloading point status: the attribute information of the transportation path digital twin includes path start number, path end number, empty vehicle flow rate and heavy vehicle flow rate, (Li teaches receiving state information for the mine truck, electric shovel, unloading area, driving position, vehicle position, vehicle loading information, empty load state, current road and current path.) These individually or in combination did not teach the complete scope of the claim.
Dependent claims 11-15 are not rejected because of their inherent dependency on claim 10.
The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure or directed to the state of the art is listed on the enclosed PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL BOROWSKI whose telephone number is (703)756-1822. The examiner can normally be reached M-F 8-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry O’Connor can be reached on (571) 272-6787. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MB/
Patent Examiner, Art Unit 3624
/MEHMET YESILDAG/Primary Examiner, Art Unit 3624
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