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 Claims:
Claims 1-6, 8-13, and 15-19 are pending.
Claims, 1, 8, and 15 are amended.
Response to Remarks:
The Applicant asserts that the optimization of the claimed invention is a practical application. The Examiner respectfully disagrees. The added limitations of optimization in respect to the claims is understood by the Examiner as an insignificant extra solution activity. The overall claimed invention is to match drivers to orders and assigning/transmitting those orders to applicable driver. The post extra solution activity would be to optimized by the claims limitations previously disclosed. Thus, the Examiner maintains the rejection.
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 1-6, 8-13, and 15-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claim 1, 8, and 15 are directed to a judicial exception (i.e., a law of nature, natural phenomenon, or abstract idea) without significantly more.
PART I. 2A-PRONG ONE (IDENTIFY THE ABSTRACT IDEAS)
The Alice framework, step 2A-Prong One (part 1 of Mayo test), here, the claims are 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)).
Independent claims 1, 8, and 15 when “taken as a whole” recite the abstract idea of a mental process and organizing human activity. Specifically, the claims are matching drivers to orders and assigning/transmitting those orders to applicable driver.
Under step 2A-Prong One (part 1 of Mayo test), here, the claimed invention in claims 1, ,8 and 15 are directed to non-statutory subject matter because the claims as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. Accordingly, the claims are directed to a mental process and organizing human activity, and thus, the claims are directed to an abstract idea under the first prong of Step 2A.
PART I. 2A-PRONG TWO (ADDITIONAL ELEMENTS THAT INTEGRATE THE JUDICIAL EXCEPTION INTO A PRACTICAL APPLICATION)
Under step 2A-Prong two (part 1 of Mayo test), this judicial exception is not integrated into a practical application under the second prong of Step 2A.
In particular, the claims recite the additional elements beyond the recited abstract idea of, “...computing device…communications interface…memory storing executable instructions…processors…database…non-transitory computer readable medium having instructions…processor…user device…communication network…automated prediction model…”
Further, pursuant to the broadest reasonable interpretation, as an ordered combination, each of the additional elements are computing elements recited at high level of generality implementing the abstract idea, and thus, are no more than applying the abstract idea with generic computer components. (See, MPEP 2106.05 (f))
Examiner asserts that the dependent claims of 2-4,6, 8, 10, 14, 16, 18, and 21-23 are similarly directed to the abstract idea. They are merely narrowing the limitations and not adding any elements to be considered significantly more. Since these claims are directed to an abstract idea, the Office must determine whether the remaining limitations “do significantly more” than describe the abstract idea.
PART II. DETERMINE WHETHER ANY ELEMENT, OR COMBINATION, AMOUNTS TO “SIGNIFICANTLY MORE” THAN THE ABSTRACT IDEA ITSELF
The Alice framework, we turn to step 2B (Part 2 of Mayo) to determine if the claim is sufficient to ensure that the claim amounts to “significantly more" than the abstract idea itself. These additional elements recite conventional computer components and conventional functions of: “...computing device…communications interface…memory storing executable instructions…processors…database…non-transitory computer readable medium having instructions…processor…user device…communication network…automated prediction model…”
Examiner asserts that these do not amount to significantly more than the abstract idea because it is a generic computing element performing generic computing functions. (See, MPEP 2106.05 (f))
This is evidenced by the Applicant’s Specification paragraph 15 disclosing implementing the software on a graphical user interface using generic implementing software in a routine and conventional manner. Furthermore, they do not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment.
The dependent claims of 2-6, 9-13, and 16-19 do not independently overcome 101, and are therefore, rejected based on their dependency of claims 1, 8, and 15. The dependent claims alone or in combination recite similar elements which have already been found to be non-patent eligible. Furthermore, they do not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment as discussed above.
Thus, all the claims are rejected under 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAHRA ELKASSABGI whose telephone number is (571)270-7943. The examiner can normally be reached Monday through Friday 11:30 to 8:00.
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ZAHRA . ELKASSABGI
Examiner
Art Unit 3623
/HAFIZ A KASSIM/Primary Examiner, Art Unit 3623