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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/23/2024 was filed before the mailing of this action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “after the completion of the scheduled time/date of at least one facet of the travel;” This limitation appears to be incomplete. The semicolon used at the end of the limitation indicates the limitation as a complete sentence, but this limitation reads as an incomplete sentence. It is unclear in the claim limitation should be a part of the preceding limitation, or the limitation immediately. For examination purposes, the incomplete limitation is interpreted to be a part of the limitation that follows it (meaning the semicolon should at least be changed to a comma or removed). Thus, the interpretation is “after the completion of the scheduled time/date of at least one facet of the travel, cumulating the carbon offset payment figures for those facets identified as having completed and not yet subject to a carbon offset request”.
Dependent claims 2-10 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, due to their dependency on claim 1.
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 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. an abstract idea) without significantly more.
Claims 1-10 recite a method (i.e. process). Therefore claims 1-10 fall within one of the four statutory categories of invention.
Independent claim 1 recites the limitations: booking travel for a traveller through a travel booking service, that travel booking being identifiable by a unique code, and a scheduled time/date, associating a carbon offset payment figure with each facet of the travel to be taken; after the completion of the scheduled time/date of at least one facet of the travel; cumulating the carbon offset payment figures for those facets identified as having completed and not yet subject to a carbon offset request, presenting a carbon offset request for those facets and each containing the unique code to a carbon offset provider on behalf of the traveller organisation; receiving at the travel booking service from the carbon offset provider confirmation of the acceptance of the request with the unique code, receiving at the traveller organisation a request for a carbon offset relating to the travel booking with the unique code, carrying out, by or on behalf of the traveller organisation, an offset transaction with the carbon offset provider relating to the unique code, for the amount of the carbon offset request, following the expiration date of the travel and the cumulation of all confirmations of carbon offset payment figures for all facets: closing the travel as completed. The invention and claims are drawn towards managing carbon offset payments related to travel bookings, and the claim recites limitations that correspond to certain methods of organizing human activity (managing personal interaction, behaviors, relationships; commercial interactions; business relations) as evidenced by limitations detailing booking travel for a traveller through a travel booking service, cumulating the carbon offset payment figures for those facets identified as having completed and not yet subject to a carbon offset request, presenting a carbon offset request for those facets and each containing the unique code to a carbon offset provider on behalf of the traveller organization, receiving at the traveller organisation a request for a carbon offset relating to the travel booking with the unique code, carrying out, by or on behalf of the traveller organisation, an offset transaction with the carbon offset provider relating to the unique code, for the amount of the carbon offset request, and closing the travel as completed after confirmation of the carbon offset payment figures. The claims also correspond to mental processes (observation, evaluation, judgment, opinion) since the claims describe limitations that involve the observation and evaluation of data, and making a determination (judgment/opinion) based on the observed and evaluated data. The claims recite an abstract idea.
Note: The claim provides no additional elements for consideration under Step 2A Prong Two and Step 2B analysis.
Dependent claim 3 recites the limitation that the travel booking system checks the geo-location of a traveller's [mobile device] against designated waypoints of the traveller's itinerary. The limitation is further directed to the abstract idea analyzed above. The claim also recites the additional element of a mobile device. The mobile device amounts to “apply it” or merely using a computer (mobile device) as a tool to implement the judicial exception and generally linking the judicial exception to a particular field of use (travel booking and itinerary). Accordingly, in combination, the additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. Further, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element amounts to no more than mere instructions to apply the exception using a generic computer, and generally linking the judicial exception to a particular field of use. Mere instructions to apply an exception using a generic computer cannot provide an inventive concept. Thus, when viewed as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Dependent claim 4 recites the limitation that the relevant records or [database or databases] are searched for non-cancelled travel at least 12 hours after the scheduled time/date of the travel service. The claim is further directed to the abstract idea analyzed above. The claim also recites the additional elements of a database or databases. The database or databases amount to “apply it” or merely using a computer (mobile device) as a tool to implement the judicial exception. Accordingly, in combination, the additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. Further, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element amounts to no more than mere instructions to apply the exception using a generic computing component (database. Mere instructions to apply an exception using a generic computer or computing component cannot provide an inventive concept. Thus, when viewed as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Dependent claims 2 and 5-10 recite additional limitations that are further directed to the abstract idea analyzed in the rejected claims above, and/or also recite additional elements that have been analyzed in the rejected claims above. Thus, claims 2 and 5-10 are also rejected under 35 U.S.C. 101.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 8, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (2011/0137691) in view of Gedeon (2022/0138636).
Claim 1: Johnson discloses: A method of providing a carbon offset to travel taken by a traveller for an organization comprising:
booking travel for a traveller through a travel booking service, that travel booking being identifiable by a unique code, and a scheduled time/date, (Johnson ¶0027 disclosing receiving data from a user that represents the user's travel plan; this data comprises temporal data for the travel plan (e.g., a date and time for the travel plan, preferably a start date, end date (if the travel plan extends over multiple days), start time and end time); Figs. 3A-3J and ¶0053 each user profile may comprise a user identifier, user name, user level, an identifier of the user's vehicle; vehicle identifiers (shown in FIG. 3C) associated with the user; lists user identifiers for preferred ride-share partners; location identifiers, etc.; see also ¶0055-¶0056)
associating a carbon offset payment figure with each facet of the travel to be taken, (Johnson ¶0032 compute an expected amount of carbon emissions for each vehicle travel mode option corresponding to a vehicle travel mode for which data was retrieved; formula CE=d*ER where d represents the distance for the trip and ER represents an emissions rating for the vehicle (for example, in units of weight of carbon emissions per distance such as pounds per mile); ¶0046 computes a value indicative of an expected amount of carbon emissions that would be produced by each vehicle travel mode option in connection with the travel plan; ¶0050 an estimated amount of carbon emissions can be normalized to a monetary amount which then gets combined the estimated monetary cost to arrive at a data value that governs the vehicle travel mode selection, see also ¶0051; ¶0056 emissions data serves as a metric for assessing a carbon emissions effect of operating the corresponding vehicle; preferably, the data within the emissions data field reflects units such as mass per distance (e.g., grams/mile or grams/kilometer, etc.), and may comprise multiple values (e.g., different emissions values for different types of fuel); cost data may store in various units, for example cost per distance (such as dollars per mile or kilometer); ¶0069 disclosing route identifiers which list of route identifiers lists the travel routes used by the vehicle travel mode option to satisfy the listed plans; FIG. 3I, it will be assumed that the same vehicle is always used for all routes associated with a vehicle travel mode option; cost indicates the total estimated monetary cost for the vehicle travel mode option, emissions field indicates the total estimated emissions for the vehicle travel mode option (CO2 in kg), and distance field indicates the total estimated distance for the vehicle travel mode option)
after the completion of the scheduled time/date of at least one facet of the travel; cumulating the carbon offset payment figures for those facets identified as having completed and not yet subject to a carbon offset request, (Johnson Fig 3J further disclosing the plan IDs and route IDs along with the cost and the status of either completed of confirmed; the system may be configured to mark a travel solution as completed only after receiving user input indicating that the travel solution was actually implemented according to plan; see also 3H disclosing the stats of the routes that are confirmed and those blank that are not yet confirmed)
presenting a carbon offset request for those facets and each containing the unique code to a carbon offset provider on behalf of the traveller organisation; (Johnson ¶0036 a GUI being displayed on the user's computer that identifies the vehicle travel mode that the user should use for the trip; see also ¶0084 and ¶0095 disclosing presenting travel suggestions computed based on parameters such as costs and emissions; also Fig. 3I disclosing the travel options including the plan and route IDs and the costs and emissions information; note also ¶0003 employers subsidize, in some manner, their employees' car travel. For example, some employers directly pay for or reimburse their employees for rental vehicles that are rented for business purposes (e.g., traveling to meetings, etc.); many employers also reimburse their employees for mileage with respect to employees' use of their personal vehicles for business purposes (with such mileage reimbursement also reimbursing for fuel expenses); ¶0004 some employers also maintain a fleet of vehicles for use in a "pool" by their employees on an as needed basis (once again, for business purposes); ¶0005 employers can control how their employees make use of available travel options would be a useful tool for helping employers achieve desired goals such as reducing carbon emissions (including reducing carbon emissions while still taking into account monetary cost factors); and ¶0008; thus this is on behalf of the travel organization)
receiving at the travel booking service from the carbon offset provider confirmation of the acceptance of the request with the unique code, (Johnson ¶0036 disclosing a GUI being displayed on the user's computer that identifies the vehicle travel mode that the user should use for the trip; This GUI is preferably configured to receive input from the user indicative of whether the user agrees to the selected vehicle travel mode; if the user accepts the selection, the software is further configured to make arrangements to implement the selected vehicle travel mode; Figs. 3H, 3I, 3J ¶0069 status indicates whether the vehicle travel mode option has been suggested, confirmed, or completed; confirmed travel suggestion may be referred to as a "travel solution." requirements for confirming a travel suggestion may be set by the practitioner, e.g., the system may be configured to receive acceptance from one or more travelers involved before marking a travel suggestion as confirmed)
Johnson in view of Gedeon discloses:
receiving at the traveller organisation a request for a carbon offset relating to the travel booking with the unique code,
Johnson discloses a carbon offset relating to travel booking with the unique code, but does not explicitly disclose receiving at the traveller organisation a request for a carbon offset relating to the travel booking with the unique code. Gedeon suggests or discloses this limitation/concept: (Gedeon ¶0021 disclosing receiving a third input from the GUI indicating a consumer carbon offset project selection, processing a carbon offset project payment based on the consumer carbon offset project selection; see also ¶0022 and Fig. 22). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Johnson to include receiving at the traveller organisation a request for a carbon offset relating to the travel booking with the unique code as taught by Gedeon. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Johnson in order to manage and provide travel options based on a carbon footprint (see ¶0002 of Gedeon).
Johnson, as modified, above, discloses the following limitations:
carrying out, by or on behalf of the traveller organisation, an offset transaction with the carbon offset provider relating to the unique code, for the amount of the carbon offset request, (Johnson ¶0103 system may also automatically communicate mileage reimbursement data to an employer payroll system, so that employees automatically receive mileage reimbursement; system may be configured to transmit mileage reimbursement to the payroll system only after receiving user input indicating that travel was actually completed according to the travel solution)
following the expiration date of the travel and the cumulation of all confirmations of carbon offset payment figures for all facets: closing the travel as completed. (Johnson ¶0056 disclosing the location field may be updated by the system at the start of each day, or more frequently; system may be configured to automatically update vehicle location based on user input, e.g., input indicating that travel has been completed using a particular vehicle; emissions data may be retrieved; cost data may be stored in various units, for example cost per distance (such as dollars per mile or kilometer); ¶0070 and Fig. 3J ravel solution comprises a solution identifier, a list of plan identifiers, a list of route identifiers, etc.; the system may be configured to mark a travel solution as completed only after receiving user input indicating that the travel solution was actually implemented according to plan; ¶0103 system may also automatically communicate mileage reimbursement data to an employer payroll system, so that employees automatically receive mileage reimbursement; system may be configured to transmit mileage reimbursement to the payroll system only after receiving user input indicating that travel was actually completed according to the travel solution)
Claim 2: A method of providing a carbon offset to travel taken by a traveller for an organization as claimed in claim 1 wherein the travel booking system maintains separate records of travel bookings for each organisation. (Johnson Fig. 3C disclosing the records for each organization e.g., ACME, Enterprise, etc.; see also ¶0056)
Claim 3: method of providing a carbon offset to travel taken by a traveller for an organization as claimed in claim 1 wherein the travel booking system checks the geo-location of a traveller's mobile device against designated waypoints of the traveller's itinerary. (Johnson ¶0056 location may be updated by the system frequently; vehicle location may be tracked automatically, e.g. using vehicles equipped with GPS systems and wireless electronic communication (mobile device); system may be configured to automatically update vehicle location based on user input indicating that travel has been completed (destination) using a particular vehicle)
Claim 8: A method of providing a carbon offset to travel taken by a traveller for an organization as claimed in claim 1 wherein each segment of a trip is recorded as a separate travel service each with its own unique code. (Johnson ¶0066 disclosing each travel plan record in the travel plans data structure preferably comprises a plan identifier, a user identifier, origin 342, a first destination, a date/time for the first destination, an optional second destination, an optional second date/time for the second destination, and may further comprise additional destinations and associated date/time fields; ¶0068 disclosing each travel route comprises a route identifier, one or more user identifiers, origin, destination, date/time, distance, and status)
Claim 9: method of providing a carbon offset to travel taken by a traveller for an organization as claimed in claim 1 wherein each unique code includes information on the traveller ID and the organisation ID to which the traveller belongs. (Johnson ¶0056 and Fig. 3C discloses an owner identifier field 311 with the various entities listed (which may correspond to a user identifier 300 in Fig. 3A)), a vehicle type 312 (personal, fleet, rental, etc.); ¶0061 also discloses the vehicle information for fleet vehicles may be received from an administrator or owners; note also that in ¶0062 a corporate vehicle fleet may comprise purchased, leased, and/or rental vehicles; vehicle administration and/or tracking may be performed by the corporation or by a third party, such as a rental vehicle service provider, e.g., the employer may pay a fee to a leasing company to maintain a fleet of leased vehicles on-site for employee use (e.g., a monthly, yearly or other fee); the employer may pay a fee to a rental company to maintain a fleet of "self-rent" rental vehicles on-site for employee use (e.g., a monthly, yearly or other fee); recall also that employers also maintain a fleet of vehicles for use in a "pool" by their employees on an as needed basis ( once again, for business purposes); employer vehicle fleets may comprise employer-owned vehicles, leased vehicles, rental vehicles, or any combination thereof (¶0004))
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (2011/0137691) in view of Gedeon (2022/0138636) further in view of Simpson (2016/0247121).
Claim 4: A method of providing a carbon offset to travel taken by a traveller for an organization as claimed in claim 1
wherein the relevant records or database or databases are searched for non-cancelled travel at least 12 hours after the scheduled time/date of the travel service.
Johnson discloses booking travel reservations, but does not explicitly disclose that the relevant records or database or databases are searched for non-cancelled travel at least 12 hours after the scheduled time/date of the travel service. Simpson suggests or discloses this limitation/concept: (Simpson ¶0050 after selecting a date for the event…the system allows for additional information to be stored within each day’s record of events such as…routes traveled, etc. by linking other third party applications to create a historical record of each day in a user’s calendar/schedule; a user can then go back in time, select any day and access all records and accounting for that day). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Johnson in view of Gedeon to include the relevant records or database or databases are searched for non-cancelled travel at least 12 hours after the scheduled time/date of the travel service as taught by Simpson. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Johnson in view of Gedeon in order to allows users to access all records (¶0050 of Simpson).
Claim 5: A method of providing a carbon offset to travel taken by a traveller for an organization as claimed in claim 1
wherein the relevant records or database or databases are searched for non-cancelled travel at about 24 hours after the scheduled time/date of the travel service.
Johnson discloses booking travel reservations, but does not explicitly disclose that the relevant records or database or databases are searched for non-cancelled travel at about 24 hours after the scheduled time/date of the travel service. Simpson suggests or discloses this limitation/concept: (Simpson ¶0050 after selecting a date for the event…the system allows for additional information to be stored within each day’s record of events such as…routes traveled, etc. by linking other third party applications to create a historical record of each day in a user’s calendar/schedule; a user can then go back in time, select any day and access all records and accounting for that day). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Johnson in view of Gedeon to include the relevant records or database or databases are searched for non-cancelled travel at about 24 hours after the scheduled time/date of the travel service as taught by Simpson. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Johnson in view of Gedeon in order to allows users to access all records (¶0050 of Simpson).
Claim 6: A method of providing a carbon offset to travel taken by a traveller for an organization as claimed in claim 1
wherein the relevant records or database or databases are searched for non-cancelled travel at any time between 24 - 48 hours after the scheduled time/date of the travel service.
Johnson discloses booking travel reservations, but does not explicitly disclose that the relevant records or database or databases are searched for non-cancelled travel at any time between 24 - 48 hours after the scheduled time/date of the travel service. Simpson suggests or discloses this limitation/concept: (Simpson ¶0050 after selecting a date for the event…the system allows for additional information to be stored within each day’s record of events such as…routes traveled, etc. by linking other third party applications to create a historical record of each day in a user’s calendar/schedule; a user can then go back in time, select any day and access all records and accounting for that day). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Johnson in view of Gedeon to include the relevant records or database or databases are searched for non-cancelled travel at any time between 24 - 48 hours after the scheduled time/date of the travel service as taught by Simpson. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Johnson in view of Gedeon in order to allows users to access all records (¶0050 of Simpson).
Claim 7: A method of providing a carbon offset to travel taken by a traveller for an organization as claimed in claim 1
wherein a copy of the relevant records or database or databases is made at least 12 hours after the scheduled time/date of the travel service, and the copied database or databases is searched for non-cancelled travel.
Johnson discloses booking travel reservations, but does not explicitly disclose that a copy of the relevant records or database or databases is made at least 12 hours after the scheduled time/date of the travel service, and the copied database or databases is searched for non-cancelled travel. Simpson suggests or discloses this limitation/concept: (Simpson ¶0050 after selecting a date for the event…the system allows for additional information to be stored within each day’s record of events such as…routes traveled, etc. by linking other third party applications to create a historical record of each day in a user’s calendar/schedule; a user can then go back in time, select any day and access all records and accounting for that day). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Johnson in view of Gedeon to include a copy of the relevant records or database or databases is made at least 12 hours after the scheduled time/date of the travel service, and the copied database or databases is searched for non-cancelled travel as taught by Simpson. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Johnson in view of Gedeon in order to allows users to access all records (¶0050 of Simpson).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (2011/0137691) in view of Gedeon (2022/0138636) further in view of Cator (2011/0071862).
Claim 10: A method of providing a carbon offset to travel taken by a traveller for an organization as claimed in claim 1
wherein the unique code includes a PNR identifying that traveller.
Johnson discloses a unique code or identifier identifying the traveler, but does not explicitly disclose that the unique code includes a PNR identifying that traveller. Cator suggests or discloses this limitation/concept: (Cator ¶0042 disclosing when the client selects a travel item segment for booking, the booking engine books the travel item with the respective computer reservation systems, and the booked travel item segment is stored in a super passenger name record in distribution system). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Johnson in view of Gedeon to include that the unique code includes a PNR identifying that traveller as taught by Cator 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; one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIONE N SIMPSON whose telephone number is (571)272-5513. The examiner can normally be reached M-F; 7:30 a.m.-4:30 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached at 571-270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DIONE N. SIMPSON
Primary Examiner
Art Unit 3628
/DIONE N. SIMPSON/Primary Examiner, Art Unit 3628