DETAILED ACTION
Status of Claims
This action is in reply to the response and amendments filed on 17 December 2025. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 4, 11, 14, 21 have been amended.
Claims 3, 13 are cancelled.
Claims 2, 5-10, 12, 15-20 are original / previously presented.
Claims 1-2, 4-12, 14-21 are currently pending and have been examined.
Response to Arguments
Regarding the previous 35 USC 101 rejection of claims 3 and 13, the Applicant has successfully cancelled the claims, and accordingly the rejection is rescinded.
Regarding the Applicant’s arguments filed regarding the previous 35 USC 101 rejection of claims 1-2, 4-12, 14-21, the arguments have been considered but they are not persuasive.
Applicant argues the claims are eligible in Step 2A Prong Two because “ independent claims 1, 11, and 21 would each integrate the abstract idea into a practical application that is a specific improvement to the technology and technical field of computer-implemented route planning, and therefore not directed to a judicial exception” and “The presently claimed invention may improve the technological process of route planning by materially changing how routes are computed to reduce hazard exposure and tailor routing decisions to operator safety profiles – an improvement to the technical field of transportation route planning (see, e.g. paragraphs [0035] and [0036] of the originally filed application)” (Remarks pg. 9, pg. 10). Examiner disagrees. First, computer-implemented route planning is not a technical field, per se; rather it represents business activities otherwise performed by a person / people in the absence of technology (route planning), implemented on computers as a tool. Second, the claimed activities / steps regarding route planning and how routes are computed to reduce hazard exposure and tailor routing decisions to operator safety profiles are all part of the judicial exception / abstract idea (e.g. identifying operators available…, determining whether hazardous zones are present…, identifying any road segments between the locations…, classifying each hazardous zone based on collision type…, determining a response cost based on operational cost and safety cost…, generating a route to the location…). Improving the judicial exception (i.e. improving a business process) is not a technical improvement. A technical improvement cannot come from the judicial exception itself, though it can be provided by one or more additional elements. See MPEP 2106.05(a) citing Diamond v. Diehr (1981). However, in the Applicant’s claims the additional elements are no more than mere instructions to apply the exception using generic computers / general computer components (e.g. processor, non-transitory computer readable medium), and adding high-level extra-solution and/or post-solution activities (storing data, transmitting data, data gathering), which per MPEP 2106.05(f) and MPEP 2106.05(g) at this level of detail are not sufficient to demonstrate a practical application or significantly more. Hence, these features cannot provide a technical improvement to route planning. This argument is not persuasive.
Applicant argues the claims are eligible because “The instant independent claims address a concrete technological problem identified in the specification: conventional routing systems optimize for time or fuel and often ignore dynamic safety risk and hazardous road exposure (e.g. see, paragraphs [0003] to [0005] of the originally filed application). For example, claim 1 is directed to a system operable to ingest operator, traffic, and service request data; identify hazardous zones along the road network based on traffic data; compute a composite response cost that includes both an operational cost and a safety cost, with the safety cost specifically parameterized by operator safety scores and one or more parameters of each identified hazardous zone; and generate routes based on the response cost. As described in the specification, such systems may reduce exposure to hazardous zones and personalize routing to operator safety profiles through technical processing of traffic/map data to locate hazardous zones, computation of hazard scores from collision severity and trends, and incorporation of operator safety metrics into cost modeling and routing (see, e.g., paragraphs [0073] to [0085], [0086] to [0089], [0090] to [0095], [00101] to [00103], and [00106] to [00109] of the originally filed application” (Remarks pg. 9). Examiner disagrees. First, the problem of route planning ignoring safety risks and hazardous roads for transportation routes and only optimizing for time and fuel is a business / entrepreneurial problem instead of a technological problem, noting that this is a business decision that is independent of any technology. Second, the solution of identifying zones, computing costs, generating the route to reduce exposure to hazardous zones and personalize routing is also part of the judicial exception. This is represented by the claimed steps of determining whether hazardous zones are present…, identifying any road segments between the locations…, determining a response cost based on operational cost and safety cost…, generating a route to the location…, which are certain methods of organizing human activities. Third, there is no technical processing of these activities beyond operating at least one processor to execute the judicial exception, which at this high level of detail is not a technical solution that presents a practical application or significantly more than the judicial exception. Since claim 1 is directed to a judicial exception at best solving a business / entrepreneurial problem, and only provides a high level implementation of the judicial exception by a processor, the claims do not provide a technical solution to a technical problem represents an improvement to technology or a technical field. This argument is not persuasive.
Applicant argues the claims are eligible because “The claimed operations are particular, technically rooted, and not reasonably performed as mental steps at the claim’s full scope. For example, each of independent claims 1, 11, and 21 require ‘at least one processor’ to ingest and process large, time-varying traffic datasets and operator datasets, compute safety costs parameterized by operator-specific safety scores and zone parameters, and generate routes. The route is generated ‘based on the response cost associated with each of the operators,’ which includes a safety cost dynamically dependent on operator safety scores and hazard-zone parameters. This reflects a particular way of computing and using routing criteria in a road network, not a generic automation of a manual process” (Remarks pg. 9-10). Examiner disagrees. First, the additional elements must do more than ‘apply’ the judicial exception by a general purpose computer (e.g. at least one processor) or add high level extra-solution data gathering (e.g. receive operator data, traffic data, and data relating to one or more service requests) and data storage (e.g. at least one data storage operable to store operator data, traffic data, and data relating to one or more service requests) to provide a practical application or significantly more than the recited judicial exception, per MPEP 2106.05(f) and MPEP 2106.05(g). Second, other than reciting a generic / general purpose processor nothing in the claims preclude that the abstract steps of identifying operators…, determining hazardous zones…, identifying road segments…, classifying hazardous zones…, determining a response cost…, and generating a route cannot otherwise be performed by a person (i.e. a certain method of organizing human activity) or performed in the mind or in the mind with the assistance of pen and paper (i.e. a mental process). There are no details in the claims regarding the argued magnitude or complexity of data in the datasets that would preclude these activities from being otherwise performable by a person / people. There is no particular or technical way of computing recited in these steps other than performing these steps by a processor, which is mere instructions to implement an abstract idea or a judicial exception on a computer and not enough to make the claims eligible. This argument is not persuasive.
Applicant argues the claims are eligible because “This is not a mere automation of a business practice or a naked mathematical concept. Hazard detection in road networks using traffic/map and collision data, computing hazard scores from severity and trends, and personalized safety-cost modeling are domain-specific technical operations tied to telematics and transportation networks. The route generation ‘based on the response cost’ that incorporates safety risk materially limits the claim to a particular technical solution to routing in a hazardous, dynamic network. Even if, arguendo, portions of the claims were directed to an abstract idea, the claim integrates them into a practical application that improves the technology of route planning” (Remarks pg. 10). Examiner disagrees. First, technical operations (at any level other than applying activities on at least one processor), telematics, and networks are not recited in the claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Second, generating a route based on the response cost that incorporates safety risk does not limit the solution to a technical solution, since this only further describes the judicial exception (i.e. certain methods of organizing human activities: managing risk, managing personal behavior, following rules or instructions), and at best it only improves the judicial exception itself. The alleged improvement is contained within the judicial exception. The judicial exception alone cannot provide a technological improvement (per MPEP 2106.05(a) citing Diamond v. Diehr (1981)), and the additional element of the processor is no more than implementing the judicial exception on a generic / general purpose computer which is not a particular solution beyond ‘applying it’ on a computer. See Versata Dev Group, Inc. v. SAP Am, Inc. (Fed. Cir. 2015) finding that a common business method aimed at processing business information despite being applied on a general purpose computer does not present enough for eligibility. This argument is not persuasive.
Regarding the previous 35 USC 103 rejection of claims 3 and 13, the Applicant has successfully cancelled the claims, and accordingly the rejection is rescinded.
Regarding the Applicant’s arguments filed regarding the previous 35 USC 101 rejection of claims 1-2, 4-12, 14-21, the arguments have been considered but they are not persuasive.
Applicant argues “Neither Kislovskiy nor Hayes, alone or in combination, discloses, describes, or suggests classifying hazardous zones based on collision types…” and “In more detail, Kislovskiy determines fractional risk for path segments and computes aggregate risk for routes to facilitate matching between autonomous and human-driven vehicles (see, e.g., claims 1 to 5 and paragraphs [0026] to [0034] of Kislovskiy). However, Kislovskiy does not disclose classifying hazardous zones by collision type, nor does it disclose using such classifications to produce a monetary safety cost contribution. Kislovskiy's risk quantities are segment-based and may depend on conditions (e.g., traffic, weather, time) and vehicle categories, but Kislovskiy treats the fractional risk values as uniform numerical inputs in aggregate computations. There is no teaching in Kislovskiy of assigning a collision-type label to a hazardous zone (e.g., weather-related versus infrastructure-related)” (Remarks pg. 11). Examiner disagrees. First, Kislovskiy teaches the limitation “classify each hazardous zone based on a collision type associated with each of the one or more vehicle collision events” in Fig 11, ¶[0154-156] by identifying the harmful events (e.g. accidents, collisions) and their significance or consequence such as multiple fatality / single fatality / serious injury / no-injury (i.e. collision type) and cluster operations to determine common behavior to localities (i.e. zones) to identify the locations where harmful events are typically occurring, and determining fractional harmful event values for each path segment (i.e. classified hazardous zones) of the region for human-driven vehicles. In particular, see ¶[0154] “The AV software management system can also classify the harmful events on a sliding scale in terms of significance or consequence, such as multiple fatality events, single fatality events, serious injury events, minor injury events, or no-injury events”, and ¶[0156] “The AV software management system may then determine fractional harmful event values for each path segment of the given region for human-driven vehicles”. Note that identifying accidents / events based on fatality is a collision type associated with the accident / event that represents how harmful the accident / event was. Harmful event values are then used to determine fractional harmful event values for the path segments (i.e. zones), teaching this limitation. This argument is not persuasive.
Applicant argues “Neither Kislovskiy nor Hayes, alone or in combination, discloses, describes, or suggests… using the classification to determine a safety cost…” and “like Kislovskiy, [Hayes] fails to disclose classifying zones into collision-type categories or using such classifications to determine a monetary safety cost contribution used for route optimization and operator selection” (Remarks pg. 12). Examiner disagrees. First, Hayes is not relied upon to teach collision-type classification of the zones, Kislovskiy is relied upon for this particular features (see Kislovskiy Fig 11, ¶[0154-156] above). Second, Hayes teaches the limitation of “a safety cost corresponding to a predicted cost associated with the selected operator traversing one or more identified hazardous zones, and based at least in part on the safety score of the selected operator, a classification of the one or more identified hazardous zones, and one or more parameters of each of the one or more identified hazardous zone” in Fig 7F-7G, ¶[0045], ¶[0048], ¶[0063], ¶[0100-103] details calculating risk cost associated with a driver traveling a route and one or more segments, the safety percentages for the routes ranging from 50% safe (which is below a safety threshold, i.e. a classification of an identified hazardous zone) vs. 95-98% safe route, the efficiency rating and traffic prediction, and their driver profile and safety score, with all the factors converted or measured in a dollar amount for the computed risk cost. See ¶[0045] “A risk factor may include a driver profile… A driver may have a driver score (e.g. a safety score)”, ¶[0048] “The system may determine a total risk of the route based on the risk of one or more segments along the route”, ¶[0063] “a risk may be converted to or measured in a dollar amount, based on a dollar amount of risk that may correspond to driving a particular route”, ¶[0100] “The user preferences may be used by the application to determine risk… if a route is 50% safe, and it takes 10 minutes, versus a route that is 95% safe, and takes 15 minutes, the application might still choose the 95% safe route, even if a user typically prefers time over safety, because the safety might be too low (e.g. below a safety threshold, such as 80%)”, and Fig 7H and ¶[0103] “The application may include a risk profile screen which may include information (e.g. risk information) about risk factors that may be used or have been used to calculate risk for a particular route… risk information may include a total amount of risk for the route, number of intersections, number of turns, typical number of accidents” (i.e. parameters of the hazardous zones), noting Fig 7H shows the risk cost as a dollar amount. Hayes details a risk (safety) cost associated with the operator / driver safety score, the operator / driver taking a particular route segment(s) that may be 50% safe (i.e. an identified hazardous zone), based on its parameters through the segment(s). Hence, Hayes teaches this claimed feature. This argument is not persuasive.
Priority
The application 18/646,134 filed on 25 April 2024 claims priority from US provisional application 63/463,682 filed on 3 May 2023.
Information Disclosure Statement
The Information Disclosure Statements (IDS) filed on 13 May 2024 and 3 December 2024 have been acknowledged by the Office.
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 1-2, 4-12, 14-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-2, 4-12, 14-21:
Step 1:
Claims 1-2, 4-10 recite a system; claims 11-12, 14-20 recite a method; and claim 21 recites a non-transitory computer readable medium. Since the claims recite either a process, machine, manufacture, or composition of matter, the claims satisfy Step 1 of the Subject Matter Eligibility Framework in MPEP 2106 and the 2019 Patent Examination Guidelines (PEG). Analysis proceeds to Step 2A Prong One.
Step 2A – Prong One:
Claims 1-2, 4-12, 14-21 recite an abstract idea. Independent claims 1, 11, and 21 recite to: identify, using the operator data, a plurality of operators available to respond to each of the one or more service requests, each of the operators having a safety score associated therewith; determine whether any hazardous zones are present between a location of each of the operators and a location of each of the one or more the service requests based on the traffic data by identifying any road segments between the location of each of the operators and the location of each of the one or more service requests upon which one or more vehicle collision events have occurred; classify each of hazardous zone based on collision type associated with each of the one or more vehicle collision events; determine, for each of the operators, a response cost based at least in part on: an operational cost corresponding to a predicted cost associated with a selected operator travelling to the location of each of the one or more service requests; and a safety cost corresponding to a predicted cost associated with the selected operator traversing one or more identified hazardous zones, and based at least in part on the safety score of the selected operator, a classification of the one or more identified hazardous zones, and one or more parameters of each of the one or more identified hazardous zone; and generate a route to the location of each of the one or more service requests based on the response cost associated with each of the operators. The claims as a whole recite certain methods of organizing human activities and/or mental processes.
First, the limitations to identify, using the operator data, a plurality of operators available to respond to each of the one or more service requests, each of the operators having a safety score associated therewith; determine whether any hazardous zones are present between a location of each of the operators and a location of each of the one or more the service requests based on the traffic data by identifying any road segments between the location of each of the operators and the location of each of the one or more service requests upon which one or more vehicle collision events have occurred; classify each of hazardous zone based on collision type associated with each of the one or more vehicle collision events; determine, for each of the operators, a response cost based at least in part on: an operational cost corresponding to a predicted cost associated with a selected operator travelling to the location of each of the one or more service requests; and a safety cost corresponding to a predicted cost associated with the selected operator traversing one or more identified hazardous zone, and based at least in part on the safety score of the selected operator, a classification of the one or more identified hazardous zones, and one or more parameters of each of the one or more identified hazardous zones; and generate a route to the location of each of the one or more service requests based on the response cost associated with each of the operators are certain methods of organizing human activities. These limitations represent the sub-groupings of fundamental economic principles or practices, mitigating risk, managing personal behavior or relationships or interactions between people, and following rules or instructions. For example, fundamental economic principles or practices includes determining a response cost based on operational cost and safety cost…; mitigating risks includes identifying operators available…, determining whether hazardous zones are present…, identifying any road segments between the locations…, determining a response cost based on operational cost and safety cost…, generating a route to the location…; managing personal behavior or relationships or interactions between people includes identifying operators available…, determining whether hazardous zones are present…, identifying any road segments between the locations…, classifying each hazardous zone based on collision type…, determining a response cost based on operational cost and safety cost…, generating a route to the location…; and following rules or instructions includes identifying operators available…, determining whether hazardous zones are present…, identifying any road segments between the locations…, classifying each hazardous zone based on collision type…, determining a response cost based on operational cost and safety cost…, generating a route to the location. The presence of generic computer components such as at least one processor, and a non-transitory computer readable medium does not preclude the steps from reciting certain methods of organizing human activities, since the number of people involved in the activities is not dispositive as to whether a claim limitation falls within this grouping and instead it is based on whether an activity itself falls within one of the sub-groupings. If a claim limitation, under its broadest reasonable interpretation, covers certain methods of organizing human activity (e.g. fundamental economic principles or practices, mitigating risk, managing personal behavior or relationships or interactions between people, following rules or instructions) regardless of the recitation of generic computer components or other machinery in its ordinary capacity, then it falls within the ‘Certain Methods of Organizing Human Activity’ grouping of abstract ideas.
Second, the limitations of to identify, using the operator data, a plurality of operators available to respond to each of the one or more service requests, each of the operators having a safety score associated therewith; determine whether any hazardous zones are present between a location of each of the operators and a location of each of the one or more the service requests based on the traffic data by identifying any road segments between the location of each of the operators and the location of each of the one or more service requests upon which one or more vehicle collision events have occurred; classify each of hazardous zone based on collision type associated with each of the one or more vehicle collision events; determine, for each of the operators, a response cost based at least in part on: an operational cost corresponding to a predicted cost associated with a selected operator travelling to the location of each of the one or more service requests; and a safety cost corresponding to a predicted cost associated with the selected operator traversing one or more identified hazardous zones, and based at least in part on the safety score of the selected operator, a classification of the one or more identified hazardous zones, and one or more parameters of each of the one or more identified hazardous zone; and generate a route to the location of each of the one or more service requests based on the response cost associated with each of the operators as drafted is/are a process that, under its/their broadest reasonable interpretation, covers performance of the limitation in the mind (i.e. mental processes) but for the recitation of generic computer components. That is, other than reciting at least one processor, and a non-transitory computer readable medium, nothing in the claim element precludes the step from practically being performed in the mind, or in the mind with the assistance of pen and paper. For example, but for the generic / general purpose computer language, identifying in the context of this claim encompasses a user manually judging operators that are available, and judging there are road segments between locations of operators and service requests in which vehicle collision events have occurred; determining in the context of this claim encompasses a user manually observing / judging whether there are hazardous zones between locations by evaluating traffic data; judging a response cost by evaluating operational cost and safety cost and operator safety score and classification of zones; classifying in the context of this claim encompasses a user manually evaluating collision type associated with each vehicle collision event for judging a hazardous zone; and generating in the context of this claim encompasses a user manually evaluating response cost data and judging a route. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind (e.g. an observation, evaluation, judgment) but for the recitation of generic computer components, then it falls within the ‘Mental Processes’ grouping of abstract ideas.
Accordingly, the claims recite an abstract idea. Analysis proceeds to Step 2A Prong Two.
Step 2A – Prong Two:
This judicial exception is not integrated into a practical application. First, claims 1-2, 4-12, 14-21 as a whole merely describes how to generally ‘apply’ the concept of certain methods of organizing human activities and/or mental processes in a computer environment. The claimed computer components (i.e. at least one processor, non-transitory computer readable medium) are recited at a high-level of generality and are merely invoked as tools to perform an existing manual process. Simply implementing the abstract idea on a generic / general purpose computer is not a practical application of the abstract idea. See MPEP 2106.04(d) and 2016.05(f). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Next, the additional element of (claim 1) storing and its step of at least one data storage operable to store operator data, traffic data, and data relating to one or more service requests is recited at a high level of generality (i.e. as a general means of storing data for subsequent identifying and determining), and amounts to mere data storage, which is a form of insignificant extra-solution activity and not a practical application. See MPEP 2106.04(d) and 2106.05(g). Furthermore, the data storage (a general computer component) is only being used as a tool in the storing, which is also not indicative of integration into a practical application. See MPEP 2106.04(d) and 2106.05(f). Note that there are no particular technical steps regarding storing more than using computers as a tool to perform in its ordinary capacity (i.e. to store data). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Next, the additional element of (claim 1) communicating and its step of at least one processor in communication with the at least one data storage is recited at a high level of generality (i.e. as a general means of transmitting data), and amounts to mere transmitting data, which is a form of insignificant extra-solution activity and not a practical application. See MPEP 2106.04(d) and 2106.05(g). Furthermore, the processor and data storage (generic computer, general computer component) are only being used as a tool in the communicating, which is also not indicative of integration into a practical application. See MPEP 2106.04(d) and 2106.05(f). Note that there are no particular technical steps regarding communicating more than using computers as a tool to perform in their ordinary capacity (i.e. to receive data, to transmit data). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Next, the additional element of (claims 11, 21) receiving and its step to receive operator data, traffic data, and data relating to one or more service requests is recited at a high level of generality (i.e. as a general means of receiving data for subsequent identifying and determining), and amounts to mere data gathering, which is a form of insignificant extra-solution activity and not a practical application. See MPEP 2106.04(d) and 2106.05(g). Furthermore, the processor (generic computer) is only being used as a tool in the receiving, which is also not indicative of integration into a practical application. See MPEP 2106.04(d) and 2106.05(f). Note that there are no particular technical steps regarding receiving more than using computers as a tool to perform in their ordinary capacity (i.e. to receive data). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
The combination of these additional elements is no more than mere instructions to apply the exception using generic computers / general computer components (processor, non-transitory computer readable medium); and adding high-level extra-solution and/or post-solution activities (storing data, transmitting data, data gathering). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limitations on practicing the abstract idea. Hence, the claim is directed to an abstract idea. Analysis proceeds to Step 2B.
Step 2B:
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above in Step 2A Prong Two with respect to integration of the abstract idea into a practical application, the additional element of using a processor and non-transitory computer readable medium to perform identifying operators available…, determining whether hazardous zones are present…, determining a response cost based on operational cost and safety cost…, generating a route to the location amounts to no more than mere instructions to ‘apply’ the exception using generic computers. The same analysis applies here in Step 2B, i.e. mere instructions to apply an exception on a generic computer cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. See MPEP 2106.05(f). Hence, these features do not provide an inventive concept / significantly more.
As discussed above in Step 2A Prong Two with respect to integration of the abstract idea into a practical application, the additional elements regarding the (claim 1) storing are recited at a high level of generality (i.e. as a general means of storing data for subsequent identifying and determining), and amount to mere storing data, which is a form of insignificant extra-solution activity. The same analysis applies here in Step 2B, i.e. adding insignificant extra-solution activity to the judicial exception does not provide integration into a practical application in Step 2A or provide an inventive concept in Step 2B. See MPEP 2106.05(g). The use of the computer (i.e. data storage) in these steps merely represents using a general purpose computer as a tool, and is not indicative of an inventive concept. See MPEP 2106.05(f). Furthermore, these storing steps are also claimed at a high level of generality, and/or as insignificant extra-solution activities (e.g. data storage) representing computer functions that the courts have recognized as well-understood, routine, and conventional functions that do not present an inventive concept. See MPEP 2106.05(d)(II) in particular storing and retrieving information in memory (Versata; OIP Techs). Hence, these features do not provide an inventive concept / significantly more.
As discussed above in Step 2A Prong Two with respect to integration of the abstract idea into a practical application, the additional elements regarding the (claim 1) communicating are recited at a high level of generality (i.e. as a general means of transmitting data for subsequent identifying / determining), and amount to mere transmitting data, which is a form of insignificant extra-solution activity. The same analysis applies here in Step 2B, i.e. adding insignificant extra-solution activity to the judicial exception does not provide integration into a practical application in Step 2A or provide an inventive concept in Step 2B. See MPEP 2106.05(g). The use of the computer (i.e. processor, data storage) in these steps merely represents using a generic / general purpose computer as a tool, and is not indicative of an inventive concept. See MPEP 2106.05(f). Furthermore, these communicating steps are also claimed at a high level of generality, and/or as insignificant extra-solution activities (e.g. transmitting data) representing computer functions that the courts have recognized as well-understood, routine, and conventional functions that do not present an inventive concept. See MPEP 2106.05(d)(II) in particular receiving or transmitting data over a network (Symantec), sending messages over a network (OIP Techs), a computer receives and sends information over a network (buySAFE). Hence, these features do not provide an inventive concept / significantly more.
As discussed above in Step 2A Prong Two with respect to integration of the abstract idea into a practical application, the additional elements regarding the (claims 11, 21) receiving are recited at a high level of generality (i.e. as a general means of receiving data for subsequent identifying and determining), and amounts to mere data gathering, which is a form of insignificant extra-solution activity. The same analysis applies here in Step 2B, i.e. adding insignificant extra-solution activity to the judicial exception does not provide integration into a practical application in Step 2A or provide an inventive concept in Step 2B. See MPEP 2106.05(g). The use of the computer (i.e. processor) in these steps merely represents using a generic / general purpose computer as a tool, and is not indicative of an inventive concept. See MPEP 2106.05(f). Furthermore, these receiving steps are also claimed at a high level of generality, and/or as insignificant extra-solution activities (e.g. receiving data) representing computer functions that the courts have recognized as well-understood, routine, and conventional functions that do not present an inventive concept. See MPEP 2106.05(d)(II) in particular receiving or transmitting data over a network (Symantec), sending messages over a network (OIP Techs), a computer receives and sends information over a network (buySAFE), storing and retrieving information in memory (Versata; OIP Techs). Hence, these features do not provide an inventive concept / significantly more.
The claims do not improve another technology or technical field. Instead the claims represent a generic implementation of organizing human activities / mental processes ‘applied’ by generic / general purpose computers, and using general computer components in extra-solution capacities such as data gathering / transmitting data / storing data. The claims do not provide meaningful limitations beyond generally linking the user of an abstract idea to a particular technological environment. At best, the claims are more directed towards solving a business / economic / entrepreneurial problem (i.e. how to generate a route based on traffic, operator, and safety data), that is tangentially associated with a technology element (e.g. computers), rather than solving a technology based problem. See MPEP 2106.05(a). The claims do not improve the functioning of a computer itself. The claims are more directed towards improving a business / economic / entrepreneurial process rather than improving a computer outside of a business use, i.e. using computers a tool. The claims do not apply the judicial exception with or by use of a particular machine. The claims do not effect a transformation or reduction to a particular article to a different state or thing. The claims do not add a specific limitation other than what is well understood, routine, and conventional in a way that confines the claim to a particular useful application.
Viewing the claim limitations as an ordered combination does not add anything further than looking at each of the claim limitations individually, both with respect to the independent claims 1, 11, 21, and further considering the addition of dependent claims 2, 4-10, 12, 14-20 . Note that the combination of limitations and claim elements add nothing that is not already present when the steps are considered separately, simply reciting implementation as performed by using generic computers / general computer components, see Alice (2014), and does not provide a non-conventional and non-generic arrangement of various computer components to achieve a technical improvement, see BASCOM Global Internet v. AT&T Mobility LLC (2016). Hence, the ordered combination of elements does not provide significantly more. With respect to the dependent claims:
Dependent claims 2 and 12: The limitation wherein the safety score associated with each of the operators is based on a normalized rate of occurrence of a safety exception event performed by an operator vehicle merely narrows the previously recited abstract idea limitations. For the reasons described above with respect to the independent claims, these judicial exceptions are not meaningfully integrated into a practical application, or significantly more than an abstract idea.
Dependent claims 4 and 14: The limitations wherein the at least one processor is further operable to: determine a severity score associated with each of the one or more vehicle collision events; and assign each identified road segment a hazard score based on the number vehicle collision events having occurred thereon and the severity score associated with each thereof are further directed to certain methods of organizing human activity (managing personal behavior, following rules or instructions) / mental processes (evaluation, judgment) as described in the independent claim. The recitation of the at least one processor is a computer component recited at a high level of generality and amounts to ‘applying’ the abstract idea on a generic computer. Similar to the independent claims, this recitation does not meaningfully integrate the abstract idea in a practical application, and is not significantly more than the abstract idea.
Dependent claims 5 and 15: The limitation wherein the operational cost comprises predicted costs associated with vehicle operation, vehicle maintenance, operator hourly rates, operator overtime rates, or a combination thereof merely narrows the previously recited abstract idea limitations. For the reasons described above with respect to the independent claims, these judicial exceptions are not meaningfully integrated into a practical application, or significantly more than an abstract idea.
Dependent claims 6 and 16: The limitation wherein each of the operators has associated therewith a safety score trend based on changes in the safety score associated therewith over a period of time merely narrows the previously recited abstract idea limitations. For the reasons described above with respect to the independent claims, these judicial exceptions are not meaningfully integrated into a practical application, or significantly more than an abstract idea.
Dependent claims 7 and 17: The limitation wherein the safety cost is based at least in part on the safety score of the selected operator, a safety score trend associated with the selected operator, or a combination thereof, and a classification of each of the one or more identified hazardous zones, a hazard score of each of the one or more hazardous zones, or a combination thereof merely narrows the previously recited abstract idea limitations. For the reasons described above with respect to the independent claims, these judicial exceptions are not meaningfully integrated into a practical application, or significantly more than an abstract idea.
Dependent claims 8 and 18: The limitations wherein the at least one processor is operable to generate the route to the location of each of the one or more service requests based on the response cost associated with each of the operators by: generating an initial route between a location of an operator having a selected operational cost associated therewith and the location of each of the one or more service requests; and optimizing the initial route based on the safety cost associated with the operator are further directed to certain methods of organizing human activity (managing personal behavior, following rules or instructions) / mental processes (evaluation, judgment) as described in the independent claim. The recitation of the at least one processor is a computer component recited at a high level of generality and amounts to ‘applying’ the abstract idea on a generic computer. Similar to the independent claims, this recitation does not meaningfully integrate the abstract idea in a practical application, and is not significantly more than the abstract idea.
Dependent claims 9 and 19: The limitation wherein the at least one processor is operable to optimize the initial route by adjusting the initial route to avoid one or more identified hazardous zones is further directed to certain methods of organizing human activity (managing personal behavior, following rules or instructions) / mental processes (evaluation, judgment) as described in the independent claim. The recitation of the at least one processor is a computer component recited at a high level of generality and amounts to ‘applying’ the abstract idea on a generic computer. Similar to the independent claims, this recitation does not meaningfully integrate the abstract idea in a practical application, and is not significantly more than the abstract idea.
Dependent claims 10 and 20: The limitations wherein the at least one processor is operable to optimize the initial route by: ranking any identified hazardous zones based on a hazard score associated with each thereof; and adjusting the initial route based on the hazard score associated with each identified hazardous zone are further directed to certain methods of organizing human activity (managing personal behavior, following rules or instructions) / mental processes (evaluation, judgment) as described in the independent claim. The recitation of the at least one processor is a computer component recited at a high level of generality and amounts to ‘applying’ the abstract idea on a generic computer. Similar to the independent claims, this recitation does not meaningfully integrate the abstract idea in a practical application, and is not significantly more than the abstract idea.
Therefore claims 1, 11, 21, and the dependent claims 2, 4-10, 12, 14-20 and all limitations taken both individually and as an ordered combination, do not integrate the judicial exception into a practical application, nor do they include additional elements that are sufficient to amount to significantly more than the judicial exception. Accordingly, claims 1-2, 4-12, 14-21 are ineligible.
Claims 1, 4-5, 7-11, 14-15, and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over World Intellectual Property Organization (WIPO) publication 2018/217526 A1 to Kislovskiy et al. (Item #1 in Foreign Patent Documents Section of IDS submitted on 3 December 2024) in view of US patent application publication 2020/0249697 A1 to Hayes et al. (Item #2 in US Patent Application Publication Section of IDS submitted on 3 December 2024).
Claim 1:
Kislovskiy, as shown, teaches the following:
A system for route planning, the system comprising:
at least one data storage operable to store operator data, traffic data, and data relating to one or more service requests (Kislovskiy Fig 2-3, ¶[0054], ¶[0083-85], ¶[0154] details a storage database that includes driver data and historical driving characteristics of the driver, how long the driver has been on duty; trip logs and historical event data regarding harmful events in the region (e.g. traffic accidents, collisions, road conditions, weather conditions, traffic conditions));
at least one processor in communication with the at least one data storage (Kislovskiy Fig 2-3, ¶[0043], ¶[0054-55] details one or more processor of the systems, and the on-demand transport management system are connected to the database through the network), the at least one processor operable to:
identify, using the operator data, a plurality of operators available to respond to each of the one or more service requests (Kislovskiy Fig 8, ¶[0074], ¶[0083-85], ¶[0129-130] details identifying a set of candidate vehicles to service the transportation request), each of the operators having a safety score associated therewith (Kislovskiy ¶[0085] details an individual risk value / individual risk score computed for each driver; and also a qualitative historical characteristic of the driver (e.g. aggressive, fast, slow gentle, normal));
With respect to the following:
determine whether any hazardous zones are present between a location of each of the operators and a location of each of the one or more the service requests based on the traffic data by identifying any road segments between the location of each of the operators and the location of each of the one or more service requests upon which one or more vehicle collision events have occurred;
Kislovskiy, as shown in Fig 8, ¶[0065], ¶[0130], ¶[0154], ¶[0157] details filtering through a candidate set of vehicles for the transport request including the aggregate risk value and estimated time to rendezvous with the requesting user (e.g. based on distance and traffic) and accounting for the time to destination based on factors as current traffic conditions, projected traffic conditions and distance; ¶[0032] details determining a risk quantity for any given path segment of a given region and identify the riskiest aggregate paths or path segments; suggesting but not explicitly stating determining whether any hazardous zones are present between a location of each of the operators and a location of each of the one or more the service requests based on the traffic data by identifying any road segments between the location of each of the operators and the location of each of the one or more service requests upon which one or more vehicle collision events have occurred. However, Hayes teaches this limitation determining a risk of each segment along the route based on factors including accidents / turns / weather / more risky intersections / traffic, and whether a segment is more risky at different times of the day including identifying historical number of historical accidents at a time of day on a particular route; and the route includes a start location as the vehicle location (i.e. location of the operator) and the end location is a destination that the user wish to go to in a series of destinations (e.g. a driver to pick up or deliver items at a number of locations on the way to the destination location) (i.e. a location of each of the one or more the service requests) (Hayes ¶[0027-36], ¶[0040-42], ¶[0048]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining whether any hazardous zones are present between a location of each of the operators and a location of each of the one or more the service requests based on the traffic data by identifying any road segments between the location of each of the operators and the location of each of the one or more service requests upon which one or more vehicle collision events have occurred as taught by Hayes with the teachings of Kislovskiy, with the motivation of improving “technological systems for guiding drivers to a destination” (Hayes ¶[0002]). In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining whether any hazardous zones are present between a location of each of the operators and a location of each of the one or more the service requests based on the traffic data as taught by Hayes in the system of Kislovskiy, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. See MPEP 2141 citing KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Kislovskiy (in view of Hayes) also teaches the following:
classify each of hazardous zone based on collision type associated with each of the one or more vehicle collision events (Kislovskiy Fig 11, ¶[0154-156] details identifying the harmful events (e.g. accidents, collisions) and their significance or consequence such as multiple fatality / single fatality / serious injury / no-injury (i.e. collision type) and cluster operations to determine common behavior to localities (i.e. zones) to identify the locations where harmful events are typically occurring, and determining fractional harmful event values for each path segment (i.e. classified hazardous zone) of the region for human-driven vehicles);
determine, for each of the operators, a response cost (Kislovskiy ¶[0166], ¶[0075], claim 117 details estimating the profitability / trip cost / revenue for each of the vehicles to respond to the requests based on the route; cost factors include expected usage cost (fuel costs, expected energy usage, on-board service features, network access), and profit deductions) based at least in part on:
an operational cost corresponding to a predicted cost associated with a selected operator travelling to the location of each of the one or more service requests (Kislovskiy ¶[0075] details the determined cost is based on an expected usage cost (e.g. fuel cost, power use cost) for the vehicles within a certain distance or time from the user’s (request) location; in further support of obviousness see also / alternatively Hayes Fig 7F-7G, ¶[0062], ¶[0078] details an amount of wear and tear on a vehicle, a fuel cost, a cost of overtime, and insurance cost and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include this feature, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable); and
Hayes (of Kislovskiy in view of Hayes, applying that the route is for a transportation service request, per Kislovskiy above) also teaches the following:
a safety cost corresponding to a predicted cost associated with the selected operator traversing one or more identified hazardous zones, and based at least in part on the safety score of the selected operator, a classification of the one or more identified hazardous zones, and one or more parameters of each of the one or more identified hazardous zones (Hayes Fig 7F-7G, ¶[0045], ¶[0048], ¶[0063], ¶[0100-103] details a risk cost associated with a driver traveling a route and one or more segments, safety percentages for the routes ranging from 50% safe below a safety threshold (i.e. classification of an identified hazardous zone) vs. 95% safe, the efficiency rating and traffic prediction, and their driver profile and safety score, with all the factors converted or measured in a dollar amount for the computed risk cost); and
generate a route to the location of each of the one or more service requests based on the response cost associated with each of the operators (Hayes Fig 7F-7G, ¶[0063-64], ¶[0101-102], ¶[0116-117] details generating routes to the destination based on the risk amount cost (safety cost) and insurance cost / fuel cost (operation cost), which are normalized costs and combined as a dollar amount to find the route that is most preferred / recommended (e.g. the route in Fig 7F is recommended over Fig 7G with the lowest risk cost and insurance cost); in further support of obviousness see also / alternatively Kislovskiy ¶[0033], ¶[0075-76] details providing an optimal route based on selecting the optimal vehicle based on the usage cost / fuel cost and trip risk values, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include this feature, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a safety cost corresponding to a predicted cost associated with the selected operator traversing one or more identified hazardous zones, and based at least in part on the safety score of the selected operator and one or more parameters of each of the one or more identified hazardous zones; and generate a route to the location of each of the one or more service requests based on the response cost associated with each of the operators as taught by Hayes with the teachings of Kislovskiy (in view of Hayes), with the motivation of improving “technological systems for guiding drivers to a destination” (Hayes ¶[0002]). In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a safety cost corresponding to a predicted cost associated with the selected operator traversing one or more identified hazardous zones, and based at least in part on the safety score of the selected operator and one or more parameters of each of the one or more identified hazardous zones; and generate a route to the location of each of the one or more service requests based on the response cost associated with each of the operators as taught by Hayes in the system of Kislovskiy (in view of Hayes), since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. See MPEP 2141 citing KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Claim 4:
Kislovskiy in view of Hayes, as shown above, teach the limitations of claim 1. Kislovskiy also teaches the following:
wherein the at least one processor is further operable to:
determine a severity score associated with each of the one or more vehicle collision events (Kislovskiy ¶[0154] details classifying harmful events on a sliding scale in terms of significance or consequence, such as multiple fatality events, single fatality events, serious injury events, or no-injury events); and
assign each identified road segment a hazard score based on the number vehicle collision events having occurred thereon and the severity score associated with each thereof (Kislovskiy Fig 11, ¶[0154-156] details identifying the harmful events (e.g. accidents, collisions) and their significance or consequence (severity score) and cluster operations to determine common behavior to localities to identify the locations where harmful events are typically occurring, and determining fractional harmful event values for each path segment of the region for human-driven vehicles).
Claim 5:
Kislovskiy in view of Hayes, as shown above, teach the limitations of claim 1. Kislovskiy also teaches the following:
wherein the operational cost comprises predicted costs associated with vehicle operation, vehicle maintenance, operator hourly rates, operator overtime rates, or a combination thereof (Kislovskiy ¶[0075], ¶[0166] details vehicle operation usage costs (e.g. fuel or power use), and fare rate).
Claim 7:
Kislovskiy in view of Hayes, as shown above, teach the limitations of claim 1. Hayes also teaches the following:
wherein the safety cost is based at least in part on the safety score of the selected operator, a safety score trend associated with the selected operator, or a combination thereof, and a classification of each of the one or more identified hazardous zones, a hazard score of each of the one or more hazardous zones, or a combination thereof (Hayes ¶[0045], ¶[0048], ¶[0063] details the total risk of the route is based on risk factors including the driver profile and driver score / safety score, and the risk of the route may be represented as a dollar amount; and the risk may be determined based on individual segments and the risk of the route is the sum of risk of one or more of the segments, i.e. hazard score of each of the one or more hazardous zones).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the safety cost is based at least in part on the safety score of the selected operator, a safety score trend associated with the selected operator, or a combination thereof, and a classification of each of the one or more identified hazardous zones, a hazard score of each of the one or more hazardous zones, or a combination thereof as taught by Hayes with the teachings of Kislovskiy (in view of Hayes), with the motivation of improving “technological systems for guiding drivers to a destination” (Hayes ¶[0002]). In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the safety cost is based at least in part on the safety score of the selected operator, a safety score trend associated with the selected operator, or a combination thereof, and a classification of each of the one or more identified hazardous zones, a hazard score of each of the one or more hazardous zones, or a combination thereof as taught by Hayes in the system of Kislovskiy (in view of Hayes), since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. See MPEP 2141 citing KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Claim 8:
Kislovskiy in view of Hayes, as shown above, teach the limitations of claim 1. Hayes (of Kislovskiy in view of Hayes, applying that the route is for a transportation service request, per Kislovskiy above) also teaches the following:
wherein the at least one processor is operable to generate the route to the location of each of the one or more service requests based on the response cost associated with each of the operators by:
generating an initial route between a location of an operator having a selected operational cost associated therewith and the location of each of the one or more service requests (Hayes Fig 5, ¶[0027-28], ¶[0063] details the system receiving the start and end locations and determining a route for the driver to follow as an initial route, and determining the amount of wear and tear on a vehicle and a fuel cost as a dollar amount to provide the a route recommendation); and
optimizing the initial route based on the safety cost associated with the operator (Hayes ¶[0064], ¶[0112], ¶[0127] details the system may use risk / cost of risk in determining the route recommendation and a route optimization, and the steps [in Hayes] as illustrated can be performed in any order).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include generating an initial route between a location of an operator having a selected operational cost associated therewith and the location of each of the one or more service requests; and optimizing the initial route based on the safety cost associated with the operator as taught by Hayes with the teachings of Kislovskiy (in view of Hayes), with the motivation of improving “technological systems for guiding drivers to a destination” (Hayes ¶[0002]). In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include generating an initial route between a location of an operator having a selected operational cost associated therewith and the location of each of the one or more service requests; and optimizing the initial route based on the safety cost associated with the operator as taught by Hayes in the system of Kislovskiy (in view of Hayes), since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. See MPEP 2141 citing KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Claim 9:
Kislovskiy in view of Hayes, as shown above, teach the limitations of claim 8. Kislovskiy also teaches the following:
wherein the at least one processor is operable to optimize the initial route by adjusting the initial route to avoid one or more identified hazardous zones (Kislovskiy Fig 7, ¶[0098-99] details monitoring the trip to dynamically determine risk over the trip remainder and current conditions, identify alternative routes for the driver / vehicle that are less risky, and transmit transport updates to re-route the driver; see also/alternatively Hayes ¶[0038] details avoiding busy or wide roads to increase safety for children crossing the road before getting off the bus, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include this feature, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable).
Claim 10:
Kislovskiy in view of Hayes, as shown above, teach the limitations of claim 8. Kislovskiy also teaches the following:
wherein the at least one processor is operable to optimize the initial route by:
ranking any identified hazardous zones based on a hazard score associated with each thereof (Kislovskiy ¶[0156-157] details calculating harmful event values per path segment, and identifying the riskiest aggregate paths or path segments for human driven vehicles and the safest aggregate paths or path segments for autonomous vehicles, i.e. hazard scores associated with zones); and
adjusting the initial route based on the hazard score associated with each identified hazardous zone (Kislovskiy ¶[0157] details path classification of safest and riskiest paths (hazard score) is dynamic in nature based on the current set of conditions, and is used to set the paths for vehicles to avoid; and per Fig 7, ¶[0098-99] a trip is monitored to dynamically determine risk over the trip remainder and current conditions, identifying alternative routes for the driver / vehicle that are less risky, and transmitting transport updates to re-route the driver, i.e. adjusting the initial route based on the hazard score).
Claim 11:
Kislovskiy, as shown, teaches the following:
A method for route planning, the method comprising operating at least one processor to:
receive operator data, traffic data, and data relating to one or more service requests (Kislovskiy Fig 2-3, ¶[0054], ¶[0074], ¶[0083-85], ¶[0154-155] details collecting and storing driver data and historical driving characteristics of the driver, how long the driver has been on duty; traffic data; and trip logs and historical event data regarding harmful events in the region (e.g. traffic accidents, collisions, road conditions, weather conditions, traffic conditions));
identify, using the operator data, a plurality of operators available to respond to each of the one or more service requests (Kislovskiy Fig 8, ¶[0074], ¶[0083-85], ¶[0129-130] details identifying a set of candidate vehicles to service the transportation request), each of the operators having a safety score associated therewith (Kislovskiy ¶[0085] details an individual risk value / individual risk score computed for each driver; and also a qualitative historical characteristic of the driver (e.g. aggressive, fast, slow gentle, normal));
With respect to the following:
determine whether any hazardous zones are present between a location of each of the operators and a location of each of the one or more the service requests based on the traffic data;
Kislovskiy, as shown in Fig 8, ¶[0065], ¶[0130], ¶[0154], ¶[0157] details filtering through a candidate set of vehicles for the transport request including the aggregate risk value and estimated time to rendezvous with the requesting user (e.g. based on distance and traffic) and accounting for the time to destination based on factors as current traffic conditions, projected traffic conditions and distance; ¶[0032] details determining a risk quantity for any given path segment of a given region and identify the riskiest aggregate paths or path segments; highly suggesting but not explicitly stating determining whether any hazardous zones are present between a location of each of the operators and a location of each of the one or more the service requests based on the traffic data. However, Hayes teaches this limitation determining a risk of each segment along the route based on factors including accidents / turns / weather / more risky intersections / traffic, and whether a segment is more risky at different times of the day; and the route includes a start location as the vehicle location (i.e. location of the operator) and the end location is a destination that the user wish to go to in a series of destinations (e.g. a driver to pick up or deliver items at a number of locations on the way to the destination location) (i.e. a location of each of the one or more the service requests) (Hayes ¶[0027-36], ¶[0040-41], ¶[0048]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining whether any hazardous zones are present between a location of each of the operators and a location of each of the one or more the service requests based on the traffic data as taught by Hayes with the teachings of Kislovskiy, with the motivation of improving “technological systems for guiding drivers to a destination” (Hayes ¶[0002]). In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining whether any hazardous zones are present between a location of each of the operators and a location of each of the one or more the service requests based on the traffic data as taught by Hayes in the system of Kislovskiy, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. See MPEP 2141 citing KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Kislovskiy (in view of Hayes) also teaches the following:
determine, for each of the operators, a response cost (Kislovskiy ¶[0166], ¶[0075], claim 117 details estimating the profitability / trip cost / revenue for each of the vehicles to respond to the requests based on the route; cost factors include expected usage cost (fuel costs, expected energy usage, on-board service features, network access), and profit deductions) based at least in part on:
an operational cost corresponding to a predicted cost associated with a selected operator travelling to the location of each of the one or more service requests (Kislovskiy ¶[0075] details the determined cost is based on an expected usage cost (e.g. fuel cost, power use cost) for the vehicles within a certain distance or time from the user’s (request) location; in further support of obviousness see also / alternatively Hayes Fig 7F-7G, ¶[0062], ¶[0078] details an amount of wear and tear on a vehicle, a fuel cost, a cost of overtime, and insurance cost and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include this feature, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable); and
Hayes (of Kislovskiy in view of Hayes, applying that the route is for a transportation service request, per Kislovskiy above) also teaches the following:
a safety cost corresponding to a predicted cost associated with the selected operator traversing one or more identified hazardous zones, and based at least in part on the safety score of the selected operator and one or more parameters of each of the one or more identified hazardous zones (Hayes Fig 7F-7G, ¶[0045], ¶[0048], ¶[0063], ¶[0101-102] details a risk cost associated with a driver traveling a route and one or more segments and their driver profile and safety score); and
generate a route to the location of each of the one or more service requests based on the response cost associated with each of the operators (Hayes Fig 7F-7G, ¶[0063-64], ¶[0101-102], ¶[0116-117] details generating routes to the destination based on the risk amount cost (safety cost) and insurance cost / fuel cost (operation cost), which are normalized costs and combined as a dollar amount to find the route that is most preferred / recommended (e.g. Fig 7F is recommended over Fig 7G with the lowest risk cost and insurance cost); in further support of obviousness see also / alternatively Kislovskiy ¶[0033], ¶[0075-76] details providing an optimal route based on selecting the optimal vehicle based on the usage cost / fuel cost and trip risk values, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include this feature, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a safety cost corresponding to a predicted cost associated with the selected operator traversing one or more identified hazardous zones, and based at least in part on the safety score of the selected operator and one or more parameters of each of the one or more identified hazardous zones; and generate a route to the location of each of the one or more service requests based on the response cost associated with each of the operators as taught by Hayes with the teachings of Kislovskiy (in view of Hayes), with the motivation of improving “technological systems for guiding drivers to a destination” (Hayes ¶[0002]). In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a safety cost corresponding to a predicted cost associated with the selected operator traversing one or more identified hazardous zones, and based at least in part on the safety score of the selected operator and one or more parameters of each of the one or more identified hazardous zones; and generate a route to the location of each of the one or more service requests based on the response cost associated with each of the operators as taught by Hayes in the system of Kislovskiy (in view of Hayes), since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. See MPEP 2141 citing KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Claim 14:
Claim 14 recites substantially similar limitations as claim 4 and therefore claim 14 is rejected under the same rationale and reasoning presented above for claim 4.
Claim 15:
Claim 15 recites substantially similar limitations as claim 5 and therefore claim 15 is rejected under the same rationale and reasoning presented above for claim 5.
Claim 17:
Claim 17 recites substantially similar limitations as claim 7 and therefore claim 17 is rejected under the same rationale and reasoning presented above for claim 7.
Claim 18:
Claim 18 recites substantially similar limitations as claim 8 and therefore claim 18 is rejected under the same rationale and reasoning presented above for claim 8.
Claim 19:
Claim 19 recites substantially similar limitations as claim 9 and therefore claim 19 is rejected under the same rationale and reasoning presented above for claim 9.
Claim 20:
Claim 20 recites substantially similar limitations as claim 10 and therefore claim 20 is rejected under the same rationale and reasoning presented above for claim 10.
Claim 21:
Claim 21 recites substantially similar limitations as claim 11 and therefore claim 21 is rejected under the same rationale and reasoning presented above for claim 11.
Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over World Intellectual Property Organization (WIPO) publication 2018/217526 A1 to Kislovskiy et al. in view of US patent application publication 2020/0249697 A1 to Hayes et al., as applied to claims 1 and 11 above, and further in view of US patent publication 10,311,749 B1 to Kypri et al.
Claim 2:
Kislovskiy in view of Hayes, as shown above, teach the limitations of claim 1. With respect to the following:
wherein the safety score associated with each of the operators is based on a normalized rate of occurrence of a safety exception event performed by an operator vehicle.
Hayes, as shown in ¶[0045], ¶[0063] details the driver has a safety score that identifies whether a driver may be more risky vs. more of a defensive driver than other drivers, and the driver safety score is a risk factor (along with any other risk factor) that can be normalized to a standard unit, but does not explicitly state the safety score is based on a normalized rate of occurrence of a safety exception event performed by an operator vehicle. However, Kypri teaches this limitation, with the driver safety score based on compliance events and detected driving events that comprise a correlation between compliance events and detected driving events (e.g. a driver safety score would show an increased risk of collision probability in the event that the driver has a history of receiving vehicle inspection violations), i.e. the score is based on normalizing a rate of occurrence with a compliance event (Kypri col 2 ln 61 through col 3 ln 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the safety score associated with each of the operators is based on a normalized rate of occurrence of a safety exception event performed by an operator vehicle as taught by Kypri with the teachings of Kislovskiy in view of Hayes, with the motivation to “identify unsafe drivers” (Kypri col 1 ln 19). In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the safety score associated with each of the operators is based on a normalized rate of occurrence of a safety exception event performed by an operator vehicle as taught by Kypri in the system of Kislovskiy in view of Hayes, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. See MPEP 2141 citing KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Claim 12:
Claim 12 recites substantially similar limitations as claim 2 and therefore claim 12 is rejected under the same rationale and reasoning presented above for claim 2.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over World Intellectual Property Organization (WIPO) publication 2018/217526 A1 to Kislovskiy et al. in view of US patent application publication 2020/0249697 A1 to Hayes et al., as applied to claims 1 and 11 above, and further in view of US patent application publication 2023/0146426 A1 to Sanchez.
Claim 6:
Kislovskiy in view of Hayes, as shown above, teach the limitations of claim 1. With respect to the following:
wherein each of the operators has associated therewith a safety score trend based on changes in the safety score associated therewith over a period of time.
Kislovskiy, as shown in ¶[0085] details drivers have an individual risk score and that the value is based on how long the driver has been on-duty (i.e. a period of time), and Hayes, as shown in ¶[0045] details a driver has a driver score / safety score; but Kislovskiy / Hayes does not explicitly state a safety score trend based on changes in the safety score associated therewith over a period of time. However, Sanchez teaches this limitation, monitoring an operator score / safety score and determining a score trend for the vehicle operator based on comparing data from a first period of time to a second period of time (Sanchez ¶[0168]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include each of the operators has associated therewith a safety score trend based on changes in the safety score associated therewith over a period of time as taught by Sanchez with the teachings of Kislovskiy in view of Hayes, with the motivation of “managing vehicle operator profiles” and to “improve profitability of insuring this particular vehicle operator” (Sanchez ¶[0022], ¶[0110]). In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include each of the operators has associated therewith a safety score trend based on changes in the safety score associated therewith over a period of time as taught by Sanchez in the system of Kislovskiy in view of Hayes, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. See MPEP 2141 citing KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Claim 16:
Claim 16 recites substantially similar limitations as claim 6 and therefore claim 16 is rejected under the same rationale and reasoning presented above for claim 6.
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US patent application publication 2012/0179363 A1 to Pierfelice details route calculation and guidance with consideration of safety.
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 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.
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BRIAN TALLMAN
Examiner
Art Unit 3628
/BRIAN A TALLMAN/Examiner, Art Unit 3628
/MICHAEL P HARRINGTON/Primary Examiner, Art Unit 3628