DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues that the claims are not directed to an abstract idea. The Examiner disagrees. The claims are directed to recommending vehicles based on a user experience. This is plainly certain methods or organizing human activity, namely, marketing and sales activity. Despite Applicant’s insistence that, “The above-mentioned operations are not directed towards any marketing and sales activity.”, applicant goes on to state, “In fact, the above-mentioned operations are solely directed towards determining an experience value of the user … to generate recommendation information that is associated with selection of rental vehicles.” Again, this is certain methods or organizing human activity.
Applicant further argues that, “The Applicant submits that the features of determining the experience value of the user corresponding to travel distance, determining the matching level for each of the feature items of selectable vehicles, and determining the matching degree for the selectable vehicles are integrated into a practical implementation of rental vehicle recommendation based on an experience of the user.” The Examiner disagrees. The claims do not provide an integration. Applicant’s claims merely use additional elements as tool to perform abstract steps.
Further, with respect to the clams reciting an improvement, the Examiner maintains that the only improvement recited b the claims is a business improvement. There is no improvement to a technology. Accordingly, Applicant’s arguments are not persuasive and the rejections are maintained.
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 and 4-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter 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.
MPEP 2106 Step 2A-Prong 1
The claims recite:
receive a drivinq history of a user, wherein the drivinq history includes a plurality of values of an odometer of a vehicle driven by the user;
receive a vehicle type the vehicle;
determine a travel distance of the user based on at least one of the plurality of values of the odometer;
determine a respective experience value of the user for each of a plurality of feature items of the vehicle, wherein
the determination of the respective experience value is based on each of the driving history and the vehicle type,
and the respective experience value corresponds to the travel distance;
determine, based on the respective experience value, a respective matching level for the each of the plurality of feature items of a plurality of selectable vehicles;
determine a respective matching degree for each of the plurality of selectable vehicles based on the respective matching level for the each of the plurality of feature items; and
generate recommendation information of the vehicle based on the respective matchinq degree for the each of the plurality of selectable vehicles
The claims falls into the abstract idea groupings of (b) Certain Methods Of Organizing Human Activity ** fundamental economic principles or practices (including hedging, insurance, mitigating risk) commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations) managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)**
The limitations under their broadest reasonable interpretation, covers performance of marketing and sales activity, but for the recitation of generic computer components. That is, other than recited, “units”, nothing in the claim element precludes the step from practically being certain methods of organizing human activity. Accordingly, the claims recite an abstract idea.
MPEP 2106 Step 2A-Prong 2
The recited limitations are not indicative of integration into a practical application. In particular, the claims only recite the following additional elements, units. These additional elements are recited at a high-level of generality such that in conjunction with the abstract limitations, they amount to no more than:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f);
- (CPU and information processing apparatuses)
iv. Generally linking the use of the judicial exception to a particular technological environment or field of use, -(vehicle)
The claims do not include additional elements individually or in an ordered combination that are sufficient to amount to significantly more than the judicial exception. Integration into a practical application requires the additional element(s) to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception. This is not the case in the instant application. Further, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than: mere instructions to apply the exception using a generic computer component; mere data gathering/post solution activity; generally linking the use of the judicial exception to a particular technological environment or field of use.
MPEP 2106 Step 2B
Eligibility requires that the claim recites additional elements that amount to an inventive concept (aka “significantly more”) than the recited judicial exception. As discussed above, this is where the instant application falls short. The claims do not include additional elements individually or in an ordered combination that are sufficient to amount to significantly more than the judicial exception
Dependent Claims Step 2A:
The limitations of the dependent claims but for those addressed below merely set forth further refinements of the abstract idea without changing the analysis already
presented (that is, they further limit the organizing of human activities at step 2A —
Prong One without adding any new additional elements other than those already
analyzed above with respect to the independent claims at 2A — Prong Two; While claims 4-10 describe varied units and vehicles, claim 11-driving system, brake and vehicle; 12-unit; vehicle; 14-unit and vehicle, 11-a variety of automobile features, 16-image sensor, these additional elements do not remedy the deficiencies.
Dependent Claims Step 2B:
The dependent claims merely use the same general technological environment
and instructions to implement the abstract idea as the independent claims without
adding any new additional elements. Accordingly, they are not directed to significantly
more than the exception itself, and are not eligible subject matter under § 101.
The claims are not rejected by the prior art of record.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONYA S JOSEPH whose telephone number is (571)270-1361. The examiner can normally be reached M-F 6:30-2:30, First Fridays Off.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shannon Campbell can be reached at (571) 272-5587. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TONYA JOSEPH/Primary Examiner, Art Unit 3628
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