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 .
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 1-4 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Specifically, representative Claim 1 recites:
A weight calculation device, comprising: one or more processors; and one or more memories, wherein the one or more memories are configured to: store a plurality of specific speed ranges in advance, the specific speed ranges being obtained by dividing a travel speed of a vehicle into a plurality of speed ranges, and the one or more processors are configured to: acquire the travel speed of the vehicle, an acceleration of the vehicle, and a driving force of the vehicle while the vehicle is traveling, store a combination of the acquired acceleration of the vehicle and the acquired driving force of the vehicle in the one or more memories in a distinguishable manner for each of the specific speed ranges, and calculate a weight of the vehicle for each of the specific speed ranges based on a plurality of the combinations of the acquired acceleration of the vehicle and the acquired driving force of the vehicle.
The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements”.
Under the Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the grouping of subject matter when recited as such in a claim limitation, that covers mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations) and mental processes – concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion.
For example, steps of “calculate a weight of the vehicle for each of the specific speed ranges based on a plurality of the combinations of the acquired acceleration of the vehicle and the acquired driving force of the vehicle” is treated by the Examiner as belonging to mathematical concept grouping.
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
The above claims comprise the following additional elements:
In Claim 1: one or more processors; one or more memories
The additional element of “store a plurality of specific speed ranges in advance, the specific speed ranges being obtained by dividing a travel speed of a vehicle into a plurality of speed ranges, and the one or more processors are configured to: acquire the travel speed of the vehicle, an acceleration of the vehicle, and a driving force of the vehicle while the vehicle is traveling, store a combination of the acquired acceleration of the vehicle and the acquired driving force of the vehicle in the one or more memories in a distinguishable manner for each of the specific speed ranges only adds an insignificant extra-solution activity to the judicial exception. One or more processors and memories (generic processor and memory) are generally recited and are not qualified as particular machines.
In conclusion, the above additional elements, considered individually and in combination with the other claim elements do not reflect an improvement to other technology or technical field, and, therefore, do not integrate the judicial exception into a practical application. Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
However, the above claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B analysis).
The claims, therefore, are not patent eligible.
With regards to the dependent claims, claims 2-4 provide additional features/steps which are part of an expanded algorithm, so these limitations should be considered part of an expanded abstract idea of the independent claims.
Allowable Subject Matter
Claims 1-4 would be allowable if written overcome the 101 rejection set forth in this office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 1, while many references teach obtaining the traveling speed of the vehicle, an acceleration of the vehicle and or a driving force of the vehicle (Example: Hirosawa JP2015052521, 2015-03-19), all references fail to teach a weight calculation device, comprising: one or more processors; and one or more memories, wherein the one or more memories are configured to: store a plurality of specific speed ranges in advance, the specific speed ranges being obtained by dividing a travel speed of a vehicle into a plurality of speed ranges, and the one or more processors are configured to: acquire the travel speed of the vehicle, an acceleration of the vehicle, and a driving force of the vehicle while the vehicle is traveling, store a combination of the acquired acceleration of the vehicle and the acquired driving force of the vehicle in the one or more memories in a distinguishable manner for each of the specific speed ranges, and calculate a weight of the vehicle for each of the specific speed ranges based on a plurality of the combinations of the acquired acceleration of the vehicle and the acquired driving force of the vehicle.
It is for this reason, Claim 1 and all of its dependencies would be allowed.
Conclusion
The prior art made record and not relied upon is considered pertinent to applicant’s disclosure.
Suzuki et al. (INFORMATION PROCESSING APPARATUS, 2020-03-05) teaches an information processing apparatus includes a receiver configured to receive a data set including a requested acceleration as information representing movement of a vehicle in a front-rear direction and any one of a steering angle, a yaw rate, and a rotation radius as information representing movement of the vehicle in a lateral direction from each of a plurality of applications, an arbitration unit configured to perform arbitration of information representing the movement of the vehicle in the front-rear direction and arbitration of information representing the movement of the vehicle in the lateral direction based on a plurality of the data sets received by the receiver, and a first output unit configured to output instruction information for driving an actuator based on an arbitration result of the arbitration unit;
Liu et al. (A Whole Vehicle Quality Estimation Method And System For Avoiding Increasing Calibration Quantity, 2021-11-12) teaches the invention claims a whole vehicle quality estimation method for avoiding increasing calibration quantity, comprising the following steps: one, obtaining vehicle real-time speed and engine speed information to obtain numerical value; step two, real time calculating vehicle acceleration; step three, real time calculating and storing vehicle driving force and vehicle resistance; step four, calculating a plurality of vehicle resistance and recording by the formula respectively step five, vehicle acceleration or deceleration process, calculating the whole vehicle quality of the invention further claims a vehicle quality estimation system for avoiding increasing calibration quantity, comprising: a numerical value obtaining module: obtaining vehicle real-time speed and engine speed information, so as to obtain numerical value; a vehicle acceleration module; a vehicle driving force and resistance calculating module; a vehicle resistance recording module; a whole vehicle quality calculating module: in the vehicle acceleration or deceleration process, calculating the whole mass of the invention is fast and convenient, wide application, and it can be widely applied to the automobile control field;
Li et al. (Vehicle And Control Method For Self-learning Of Vehicle Weight, 2021-07-13) teaches the invention claims a vehicle and control method of vehicle weight self-learning, comprising: when the vehicle is in a stable operation state, continuously obtaining the output torque value of N vehicle in each period; the acceleration value of N vehicle and the driving resistance value of N vehicle; obtaining the output torque value of the transmission box of the N vehicle; when the acceleration value of N vehicle and the running resistance value of N vehicle satisfy the first preset condition, calculating the sum of the output torque value of the transmission box of N vehicle; the sum of the acceleration value of N vehicle; the sum of the driving resistance value of N vehicle; according to the sum of the output torque value of the gearbox of N vehicles, the sum of the acceleration values of N vehicles; calculating the actual vehicle weight of the vehicle by the sum of the running resistance values of N vehicles; obtaining the corrected vehicle weight according to the difference between the actual vehicle weight of the vehicle and the preset vehicle weight, and controlling the vehicle according to the corrected vehicle weight. Therefore, it can ensure the power performance and economical efficiency in the driving process of the vehicle;
Flaum et al. (A Method And Device For Determining The Weight Of The Vehicle And A Vehicle With Such A Device, 2019-02-22) teaches the invention claims a method for determining vehicle based power law of mechanics, especially the weight m of the vehicle. In order to accurately determine the weight of the vehicle in a simple manner of the driving period, determining the speed v of the vehicle and determining the driving power PA of the vehicle. and determining vehicle weight m according to the speed v and the drive power PA. The invention relates to a device for performing such a method and a vehicle is used for such a device;
Hirosawa Tomoaki (VEHICLE WEIGHT ESTIMATION DEVICE, 2015-03-19) teaches a vehicle weight estimation device, an acceleration sensor 3x detects acceleration α and outputs a detection result to an ECU 9, a vehicle speed sensor 2 detects a vehicle speed V and outputs the detection result to the EUC 9 and an inclination sensor 4 detects an inclination θ in a longitudinal direction of a vehicle 1 when the same is in a stopped state and outputs the detection result to the ECU 9. A travel resistance calculation section 11 calculates travel resistance of the vehicle 1 on the basis of the inclination θ and the vehicle speed V of the vehicle 1. A drive force estimation section 12 estimates driving force of the vehicle 1 on the basis of an engine rotation speed and an acceleration opening. A vehicle weight estimation section 13 estimates a vehicle weight estimated value We of the vehicle 1 on the basis of the acceleration α, the travel resistance R and the driving force F while the vehicle 1 is accelerated immediately after a start.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J SINGLETARY whose telephone number is (571)272-4593. The examiner can normally be reached Monday-Friday 8:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Rastovski can be reached at 571-270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J SINGLETARY/Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
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