DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in reply to communication filed on 06/01/2024.
Claims 1-20 are currently pending and have been examined.
Information Disclosure Statement (IDS)
The information disclosure statements filed on: 06/01/2024, 01/27/2025, 05/06/2025, 08/06/2025, 11/28/2025 comply with the provisions 37 CFR 1.97, 1.98, and MPEP 609 and is considered by the Examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
A complete response to a nonstatutory double patenting (NSDP) rejection is either a reply by applicant showing that the claims subject to the rejection are patentably distinct from the reference claims, or the filing of a terminal disclaimer in accordance with 37 CFR 1.321 in the pending application(s) with a reply to the Office action (see MPEP § 1490 for a discussion of terminal disclaimers). Such a response is required even when the nonstatutory double patenting rejection is provisional.
As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application’s claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance. See MPEP 804(I)(B)(1).
Claims 1-5, 7-11, 13-15 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10, 12 and 19 of U.S. Patent No. US 12,001,999 B2 to Simpson (hereinafter “Simpson999”). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1. A method, comprising:
receiving transportation data from at least a first subset of a plurality of users, wherein the transportation data corresponds to a plurality of virtual transportation modes configured for use by the plurality of users, and wherein the transportation data from a respective user comprises data corresponding to a geographic origin and a geographic destination for a respective virtual transportation mode of the respective user; (Simpson999, claim 1; “receiving transportation data from at least a first subset of a plurality of users, wherein the transportation data corresponds to a plurality of transportation vehicles of at least the first subset of the plurality of users … a geographic origin, and a geographic destination of a respective transportation vehicle of the respective user, and wherein the transportation capacity corresponds to a seat capacity of the respective transportation vehicle”)
determining a plurality of virtual hubs based on the transportation data, wherein the plurality of virtual hubs comprises one or more origin virtual hubs corresponding to at least the geographic origin and one or more destination virtual hubs corresponding to at least the geographic destination; (Simpson999, claim 1; “determining a plurality of virtual hubs based on at least the transportation data, wherein the plurality of virtual hubs comprises one or more origin virtual hubs corresponding to at least the geographic origin and one or more destination virtual hubs corresponding to at least the geographic destination”)
determining a plurality of virtual hub routes based on the plurality of virtual hubs, wherein a respective virtual hub route corresponds to a geographic route from a location corresponding to a respective origin virtual hub to a location corresponding to a respective destination virtual hub; (Simpson999, claim 1; “determining a plurality of virtual hub routes based on the plurality of virtual hubs, wherein the plurality of virtual hub routes correspond to geographic routes between the one or more origin virtual hubs and the one or more destination virtual hubs”)
generating a plurality of virtual transportation capacity units for at least the subset of the plurality of users based on the transportation data, wherein a respective virtual transportation capacity unit for the respective user represents a fungible forward contract for the respective virtual transportation mode; and (Simpson999, claim 1; “generating a plurality of transportation capacity units for at least the first subset of the plurality of users based on the transportation data, wherein a respective transportation capacity unit for the respective user represents a fungible forward contract for the transportation capacity of the respective transportation vehicle traveling along the plurality of virtual hub routes”)
providing a virtual transportation forward market platform for trading the plurality of virtual transportation capacity units, comprising:
receiving market depth data from the plurality of users, wherein the market depth data comprises data indicating a plurality of bid prices and a plurality of offer prices provided by the plurality of users for the plurality of virtual transportation capacity units; (Simpson999, claim 1; “generating a transportation forward market platform for trading the plurality of transportation capacity units, comprising: receiving market depth data from the plurality of users, wherein the market depth data comprises data indicating a plurality of bid prices and a plurality of offer prices provided by the plurality of users for the plurality of transportation capacity units”)
generating one or more graphical layers based on the transportation data and at least a subset of the market depth data, wherein the subset of the market depth data comprises: (Simpson999, claim 1; “generating one or more graphical layers based on the transportation data and at least a subset of the market depth data, wherein the subset of the market depth data comprises:”)
a first bid price and a first offer price for a first virtual transportation capacity unit, wherein the first virtual transportation capacity unit corresponds to a first virtual transportation mode configured for use on a first virtual hub route; and (Simpson999, claim 1; “a first bid price and a first offer price for a first transportation capacity unit, wherein the first transportation capacity unit corresponds to a first transportation vehicle traveling along a first virtual hub route of the plurality of virtual hub routes; and”)
a second bid price and a second offer price for a second virtual transportation capacity unit, wherein the second virtual transportation capacity unit corresponds to a second virtual transportation mode configured for use on a second virtual hub route; and (Simpson999, claim 1; “a second bid price and a second offer price for a second transportation capacity unit, wherein the second transportation capacity unit corresponds to a second transportation vehicle traveling along a second virtual hub route of the plurality of virtual hub routes; and”)
transmitting the market depth data to the plurality of users based on the virtual hub routes, wherein transmitting the market depth data comprises transmitting the one or more graphical layers to at least a second subset of the plurality of users. (Simpson999, claim 1; “transmitting the market depth data to the plurality of users based on the virtual hub routes, wherein transmitting the market depth data comprises transmitting the one or more graphical layers to one or more user devices … wherein the navigational map interface being displayed includes a visualization of the first virtual hub route and a visualization of the second virtual hub route”)
Regarding claim 2. The method of claim 1, wherein transmitting the one or more graphical layers to at least the second subset of the plurality of users comprises transmitting the one or more graphical layers to one or more user devices associated with at least the second subset of the plurality of users. (Simpson999, claim 1; “transmitting the one or more graphical layers to one or more user devices associated with at least a second subset of the plurality of users”)
Regarding claim 3. The method of claim 2, wherein the one or more graphical layers are configured to be superimposed on to a navigational map interface being displayed by a respective user device. (Simpson999, claim 1; “the one or more graphical layers are configured to be superimposed on to a navigational map interface being displayed by a respective user device”)
Regarding claim 4. The method of claim 3, wherein the navigational map interface being displayed includes a visualization of the first virtual hub route and a visualization of the second virtual hub route. (Simpson999, claim 1; “the navigational map interface being displayed includes a visualization of the first virtual hub route and a visualization of the second virtual hub route”)
Regarding claim 5. The method of claim 3, wherein the one or more user devices comprise one or more vehicle computing systems associated with at least the second subset of the plurality of users, and wherein the one or more vehicle computing systems are configured to display the navigational map interface having the one or more graphical layers superimposed thereon. (Simpson999, claim 7; “wherein the one or more user devices comprise one or more vehicle computing systems associated with at least the second subset of the plurality of users, and wherein the one or more vehicle computing systems are configured to display the navigational map interface having the one or more graphical layers superimposed thereon”)
Regarding claim 7. The method of claim 1, wherein:
the plurality of bid prices and the plurality of offer prices provided by the plurality of users comprises a plurality of offer prices provided by at least the first subset of the plurality of users; (Simpson999, claim 2; “the plurality of bid prices and the plurality of offer prices provided by the plurality of users comprises a plurality of offer prices provided by at least the first subset of the plurality of users”)
the plurality of bid prices and the plurality of offer prices provided by the plurality of users comprises a plurality of bid prices provided by at least the second subset of the plurality of users; (Simpson999, claim 2; “the plurality of bid prices and the plurality of offer prices provided by the plurality of users comprises a plurality of bid prices provided by at least the second subset of the plurality of users”)
the geographic origin for the respective virtual transportation mode comprises a geographic location determined using one or more satellite navigation systems, and wherein the geographic origin corresponds to a location of the respective user; or combinations thereof. (Simpson999, claim 2; “the geographic origin for the respective transportation vehicle comprises a geographic location determined using one or more satellite navigation systems, and wherein the geographic origin corresponds to a location of the respective user of at least the first subset; or combinations thereof”)
Regarding claim 8. The method of claim 1, wherein the first virtual transportation capacity unit corresponds to a first grade specification and the second virtual transportation capacity unit corresponds to a second grade specification, wherein the first grade specification and the second grade specification are different. (Simpson999, claim 3; “wherein the first transportation capacity unit corresponds to a first grade specification and the second transportation capacity unit corresponds to a second grade specification, wherein the first grade specification and the second grade specification are different”)
Regarding claim 9. The method of claim 1, wherein the subset of the market depth data further comprises a third bid price and a third offer price for a third virtual transportation capacity unit, wherein the third virtual transportation capacity unit corresponds to a third virtual transportation mode configured for use on a third virtual hub route. (Simpson999, claim 4; “wherein the subset of the market depth data further comprises a third bid price and a third offer price for a third transportation capacity unit, wherein the third transportation capacity unit corresponds to a third transportation vehicle traveling along a third virtual hub route of the plurality of virtual hub routes”)
Regarding claim 10. The method of claim 1, wherein the subset of the market depth data further comprises data corresponding to a first mileage estimate for the first virtual hub route, a first route time estimate for the first virtual hub route, a second mileage estimate for the second virtual hub route, a second route time estimate for the second virtual hub route, or combinations thereof. (Simpson999, claim 6; “wherein the subset of the market depth data further comprises a first mileage estimate for the first virtual hub route, a first route time estimate for the first virtual hub route, a second mileage estimate for the second virtual hub route, a second route time estimate for the second virtual hub route, or combinations thereof”)
Regarding claim 11. The method of claim 1, wherein the first bid price corresponds to a highest bid price for the first virtual transportation capacity unit, the first offer price corresponds to a lowest offer price for the first virtual transportation capacity unit, the second bid price corresponds to a highest bid price for the second virtual transportation capacity unit, the second offer price corresponds to a lowest offer price for the second virtual transportation capacity unit, or combinations thereof. (Simpson999, claim 8; “wherein the first bid price corresponds to a highest bid price for the first transportation capacity unit, the first offer price corresponds to a lowest offer price for the first transportation capacity unit, the second bid price corresponds to a highest bid price for the second transportation capacity unit, the second offer price corresponds to a lowest offer price for the second transportation capacity unit, or combinations thereof”)
Regarding claim 13. The method of claim 1, wherein the fungible forward contract represented by the respective virtual transportation capacity unit comprises:
one or more conditional attributes to provide substitutability with another virtual transportation capacity unit of the plurality of virtual transportation capacity units; (Simpson999, claim 5; “one or more conditional attributes to provide substitutability with another transportation capacity unit of the plurality of transportation capacity units”)
a plurality of contract specifications, the plurality of contract specifications comprising one or more cost of cover specifications, one or more liquidated damages specifications, one or more force majeure specifications, or combinations thereof; or combinations thereof. (Simpson999, claim 5; “a plurality of contract specifications, wherein the plurality of contract specifications comprises one or more cost of cover specifications, one or more liquidated damages specifications, one or more force majeure specifications, or combinations thereof; or both”)
Regarding claim 14. The method of claim 1, wherein transmitting the market depth data further comprises:
receiving term specification data from a buying user of the plurality of users, wherein the term specification data indicates one or more selections by the buying user for the availability of the plurality of virtual transportation modes, wherein the one or more selections comprise a start date, an end date, a usage frequency, or combinations thereof; and (Simpson999, claim 9; “receiving term specification data from a first user of the plurality of users, wherein the term specification data indicates a selection by the first user of a time period for traveling along the plurality of virtual hub routes; and”)
transmitting the market depth data to the buying user based on the term specification data. (Simpson999, claim 9; “transmitting the market depth data to the first user based on the received term specification data”)
Regarding claim 15. The method of claim 1, wherein transmitting the market depth data further comprises:
receiving constraint data from a buying user of the plurality of users, wherein the constraint data indicates a selection by the buying user of one or more conditions for the plurality of virtual transportation modes, wherein the one or more conditions comprise cheapest transmission, single mode of transmission, multiple modes of transmission, fastest transmission, highest rated transmission, most available transmission, highest volume of participants for transmission, most frequent transmission, service level for transmission, pollution reduction, emissions reduction, highest safety and security level for transmission, or combinations thereof; and (Simpson999, claim 10; “receiving constraint data from a first user of the plurality of users, wherein the constraint data indicates a selection by the first user of one or more conditions for traveling along the plurality of virtual hub routes, wherein the one or more conditions comprise cheapest route, single mode of transportation, multiple modes of transportation, fastest route, most scenic route, highest rated route, most available route, highest volume of participants for route, most frequent route, service level for route, highest safety and security level for route, gender of driver, security of driver, emissions reduction, rating of driver, or combinations thereof; and”)
transmitting the market depth data to the buying user based on the constraint data. (Simpson999, claim 10; “transmitting the market depth data to the first user based on the constraint data”)
Regarding claim 17. A computing system, comprising:
one or more processors; and at least one memory comprising program instructions executable by the one or more processors to: (Simpson999, claim 19; “one or more processors; and at least one memory comprising program instructions executable by the one or more processors to:”)
receive transportation data from at least a first subset of a plurality of users, wherein the transportation data corresponds to a plurality of virtual transportation modes configured for use by the plurality of users, and wherein the transportation data from a respective user comprises data corresponding to a geographic origin and a geographic destination for a respective virtual transportation mode of the respective user; (Simpson999, claim 19; “receive transportation data from at least a first subset of plurality of users, wherein the transportation data corresponds to a plurality of transportation vehicles of at least the first subset of the plurality of users, wherein respective transportation data from a respective user of at least the first subset comprises data corresponding to a transportation capacity, a geographic origin, and a geographic destination of a respective transportation vehicle of the respective user”)
determine a plurality of virtual hubs based on the transportation data, wherein the plurality of virtual hubs comprises one or more origin virtual hubs corresponding to at least the geographic origin and one or more destination virtual hubs corresponding to at least the geographic destination; (Simpson999, claim 19; “determine a plurality of virtual hubs based on at least the transportation data, wherein the plurality of virtual hubs comprises one or more origin virtual hubs corresponding to at least the geographic origin and one or more destination virtual hubs corresponding to at least the geographic destination”)
determine a plurality of virtual hub routes based on the plurality of virtual hubs, wherein a respective virtual hub route corresponds to a geographic route from a location corresponding to a respective origin virtual hub to a location corresponding to a respective destination virtual hub; (Simpson999, claim 19; “determine a plurality of virtual hub routes based on the plurality of virtual hubs, wherein the plurality of virtual hub routes correspond to geographic routes between the one or more origin virtual hubs and the one or more destination virtual hubs”)
generate a plurality of virtual transportation capacity units for at least the subset of the plurality of users based on the transportation data, wherein a respective virtual transportation capacity unit for the respective user represents a fungible forward contract for the respective virtual transportation mode; and (Simpson999, claim 19; “generate a plurality of transportation capacity units for at least the first subset of the plurality of users based on the transportation data, wherein a respective transportation capacity unit for the respective user represents a fungible forward contract for the transportation capacity of the respective transportation vehicle traveling along the plurality of virtual hub routes; and”)
provide a virtual transportation forward market platform for trading the plurality of virtual transportation capacity units, comprising:
receive market depth data from the plurality of users, wherein the market depth data comprises data indicating a plurality of bid prices and a plurality of offer prices provided by the plurality of users for the plurality of virtual transportation capacity units; (Simpson999, claim 19; “generate a transportation forward market platform for trading the plurality of transportation capacity units, comprising: receive market depth data from the plurality of users, wherein the market depth data comprises data indicating a plurality of bid prices and a plurality of offer prices provided by the plurality of users for the plurality of transportation capacity units”)
generate one or more graphical layers based on the transportation data and at least a subset of the market depth data, wherein the subset of the market depth data comprises: (Simpson999, claim 19; “generate one or more graphical layers based on the transportation data and at least a subset of the market depth data, wherein the subset of the market depth data comprises:”)
a first bid price and a first offer price for a first virtual transportation capacity unit, wherein the first virtual transportation capacity unit corresponds to a first virtual transportation mode configured for use on a first virtual hub route; and (Simpson999, claim 19; “a first bid price and a first offer price for a first transportation capacity unit, wherein the first transportation capacity unit corresponds to a first transportation vehicle traveling along a first virtual hub route of the plurality of virtual hub routes; and”)
a second bid price and a second offer price for a second virtual transportation capacity unit, wherein the second virtual transportation capacity unit corresponds to a second virtual transportation mode configured for use on a second virtual hub route; and (Simpson999, claim 19; “a second bid price and a second offer price for a second transportation capacity unit, wherein the second transportation capacity unit corresponds to a second transportation vehicle traveling along a second virtual hub route of the plurality of virtual hub routes; and”)
transmit the market depth data to the plurality of users based on the virtual hub routes, comprising transmit the one or more graphical layers to at least a second subset of the plurality of users. (Simpson999, claim 19; “transmit the market depth data to the plurality of users based on the virtual hub routes, wherein transmit the market depth data comprises transmit the one or more graphical layers to one or more user devices associated with at least a second subset of the plurality of users”)
Regarding claim 18. The computing system of claim 17, wherein the program instructions executable by the one or more processors to transmit the one or more graphical layers to at least the second subset of the plurality of users further comprise program instructions executable by the one or more processors to: transmit the one or more graphical layers to one or more user devices associated with at least the second subset of the plurality of users, wherein the one or more graphical layers are configured to be superimposed on to a navigational map interface being displayed by a respective user device. (Simpson999, claim 19; “the one or more graphical layers are configured to be superimposed on to a navigational map interface being displayed by a respective user device”)
Regarding claim 19. A non-transitory computer-readable medium having stored thereon a plurality of computer-executable instructions which, when executed by a computer, cause the computer to:
receive transportation data from at least a first subset of a plurality of users, wherein the transportation data corresponds to a plurality of virtual transportation modes configured for use by the plurality of users, and wherein the transportation data from a respective user comprises data corresponding to a geographic origin and a geographic destination for a respective virtual transportation mode of the respective user; (Simpson999, claim 12; “receiving transportation data from at least a first subset of a plurality of users, wherein the transportation data corresponds to a plurality of transportation vehicles of at least the first subset of the plurality of users, and wherein respective transportation data from a respective user of at least the first subset comprises data corresponding to a freight capacity … wherein the freight capacity corresponds to a cargo capacity of the respective transportation vehicle”)
determine a plurality of virtual hubs based on the transportation data, wherein the plurality of virtual hubs comprises one or more origin virtual hubs corresponding to at least the geographic origin and one or more destination virtual hubs corresponding to at least the geographic destination; (Simpson999, claim 12; “determining a plurality of virtual hubs based on at least the transportation data, wherein the plurality of virtual hubs comprises one or more origin virtual hubs corresponding to at least the geographic origin and one or more destination virtual hubs corresponding to at least the geographic destination”)
determine a plurality of virtual hub routes based on the plurality of virtual hubs, wherein a respective virtual hub route corresponds to a geographic route from a location corresponding to a respective origin virtual hub to a location corresponding to a respective destination virtual hub; (Simpson999, claim 12; “determining a plurality of virtual hub routes based on the plurality of virtual hubs, wherein the plurality of virtual hub routes correspond to geographic routes between the one or more origin virtual hubs and the one or more destination virtual hubs”)
generate a plurality of virtual transportation capacity units for at least the subset of the plurality of users based on the transportation data, wherein a respective virtual transportation capacity unit for the respective user represents a fungible forward contract for the respective virtual transportation mode; and (Simpson999, claim 12; “generating a plurality of freight capacity units for at least the first subset of the plurality of users based on the transportation data, wherein a respective freight capacity unit for the respective user represents a fungible forward contract for the cargo capacity of the respective transportation vehicle traveling along the plurality of virtual hub routes; and”)
provide a virtual transportation forward market platform for trading the plurality of virtual transportation capacity units, comprising:
receive market depth data from the plurality of users, wherein the market depth data comprises data indicating a plurality of bid prices and a plurality of offer prices provided by the plurality of users for the plurality of virtual transportation capacity units; (Simpson999, claim ; “generating a transportation forward market platform for trading the plurality of freight capacity units, comprising: receiving market depth data from the plurality of users, wherein the market depth data comprises data indicating a plurality of bid prices and a plurality of offer prices provided by the plurality of users for the plurality of freight capacity units”)
generate one or more graphical layers based on the transportation data and at least a subset of the market depth data, wherein the subset of the market depth data comprises: (Simpson999, claim 12; “generating one or more graphical layers based on the transportation data and at least a subset of the market depth data, wherein the subset of the market depth data comprises”)
a first bid price and a first offer price for a first virtual transportation capacity unit, wherein the first virtual transportation capacity unit corresponds to a first virtual transportation mode configured for use on a first virtual hub route; and (Simpson999, claim 12; “a first bid price and a first offer price for a first freight capacity unit, wherein the first freight capacity unit corresponds to a first transportation vehicle traveling along a first virtual hub route of the plurality of virtual hub routes; and”)
a second bid price and a second offer price for a second virtual transportation capacity unit, wherein the second virtual transportation capacity unit corresponds to a second virtual transportation mode configured for use on a second virtual hub route; and (Simpson999, claim 12; “a second bid price and a second offer price for a second freight capacity unit, wherein the second freight capacity unit corresponds to a second transportation vehicle traveling along a second virtual hub route of the plurality of virtual hub routes; and”)
transmit the market depth data to the plurality of users based on the virtual hub routes, wherein transmitting the market depth data comprises transmitting the one or more graphical layers to at least a second subset of the plurality of users. (Simpson999, claim 12; “transmitting the market depth data to the plurality of users based on the virtual hub routes, wherein transmitting the market depth data comprises transmitting the one or more graphical layers to one or more user devices associated with at least a second subset of the plurality of users”)
Regarding claim 20. The non-transitory computer-readable medium of claim 19, wherein the plurality of computer-executable instructions which, when executed by the computer, cause the computer to transmit the one or more graphical layers to at least the second subset of the plurality of users further comprise computer-executable instructions which, when executed by the computer, cause the computer to: transmit the one or more graphical layers to one or more user devices associated with at least the second subset of the plurality of users, wherein the one or more graphical layers are configured to be superimposed on to a navigational map interface being displayed by a respective user device. (Simpson999, claim 12; “transmitting the one or more graphical layers to one or more user devices associated with at least a second subset of the plurality of users, wherein the one or more graphical layers are configured to be superimposed on to a navigational map interface being displayed by a respective user device,”)
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Step 1:
Claims 1-16 recite a method, which is directed to a process.
Claims 17-18 recite a system, which is directed to a machine.
Claims 19-20 recite a non-transitory computer-readable medium, which is directed to a manufacture.
Therefore, each claim falls within one of the four statutory categories.
Step 2A, Prong 1 (Is a judicial exception recited?):
The independent claims 1, 17 and 19 recite the abstract idea of transact and trade transportation seats or capacity units, see specification [0001]. This idea is described by the steps of receiving transportation data from at least a first subset of a plurality of users, wherein the transportation data corresponds to a plurality of transportation modes configured for use by the plurality of users, and wherein the transportation data from a respective user comprises data corresponding to a geographic origin and a geographic destination for a respective transportation mode of the respective user;
determining a plurality of hubs based on the transportation data, wherein the plurality of hubs comprises one or more origin hubs corresponding to at least the geographic origin and one or more destination hubs corresponding to at least the geographic destination;
determining a plurality of hub routes based on the plurality of hubs, wherein a respective hub route corresponds to a geographic route from a location corresponding to a respective origin hub to a location corresponding to a respective destination hub;
generating a plurality of transportation capacity units for at least the subset of the plurality of users based on the transportation data; and
receiving market depth data from the plurality of users, wherein the market depth data comprises data indicating a plurality of bid prices and a plurality of offer prices provided by the plurality of users for the plurality of transportation capacity units;
wherein the subset of the market depth data comprises:
a first bid price and a first offer price for a first transportation capacity unit, wherein the first transportation capacity unit corresponds to a first transportation mode configured for use on a first hub route; and
a second bid price and a second offer price for a second transportation capacity unit, wherein the second transportation capacity unit corresponds to a second transportation mode configured for use on a second hub route; and
transmitting the market depth data to the plurality of users based on the hub routes,
The claims recite commercial/legal interactions and managing personal behavior/relationships around reservation and booking. Offending clauses include:
“virtual,”
“wherein a respective virtual transportation capacity unit for the respective user represents a fungible forward contract for the respective virtual transportation mode; ” and
“providing a virtual transportation forward market platform for trading the plurality of virtual transportation capacity units,”
“generating one or more graphical layers based on the transportation data and at least a subset of the market depth data,”
“transmitting the market depth data comprises transmitting the one or more graphical layers to at least a second subset of the plurality of users”
Step 2A, Prong 2 (Is the exception integrated into a practical application?):
The claims do not integrate the exceptions into a practical application. They use generic computer components (computing system, comprising: one or more processors; and at least one memory comprising program instructions executable by the one or more processors and non-transitory computer-readable medium having stored thereon a plurality of computer-executable instructions which, when executed by a computer) “as a tool” to implement the abstract business/organizational workflow of reservation and booking. There is no claimed improvement to computer functionality, image processing, AR rendering, camera operation, or network protocols, as discussed in MPEP 2106.05(f).
Further the additional limitations of “virtual,”, “wherein a respective virtual transportation capacity unit for the respective user represents a fungible forward contract for the respective virtual transportation mode; ”, “providing a virtual transportation forward market platform for trading the plurality of virtual transportation capacity units,”, “generating one or more graphical layers based on the transportation data and at least a subset of the market depth data,”, “transmitting the market depth data comprises transmitting the one or more graphical layers to at least a second subset of the plurality of users” are insignificant extra-solution activity (data gathering/output) that does not meaningfully limit use of the abstract idea (Mayo; OIP Techs.; MPEP 2106.05(g)).
Step 2B (Does the claim recite additional elements that amount to significantly more that the judicial exception?):
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As for Step 2B analysis, knowing the consideration is overlapping with Step 2A, Prong 2. The Step 2B considerations have already been substantially addressed under Step 2A Prong 2, see Step 2A Prong 2 analysis above. As discussed above, the additional imitations amount to 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, as discussed in MPEP 2106.05(f).
Further, the Data capture and display: “represents a fungible forward contract for the respective virtual transportation mode,” “providing a virtual transportation forward market platform for trading the plurality of virtual transportation capacity units,” “generating one or more graphical layers based on the transportation data and at least a subset of the market depth data,”, “transmitting the market depth data comprises transmitting the one or more graphical layers to at least a second subset of the plurality of users” reflect routine information processing and presentation of results (Electric Power Group; Content Extraction).
No inventive architecture or unconventional arrangement like BASCOM (filtering architecture) or DDR Holdings (solution rooted in computer network functioning).
Under Berkheimer v. HP, 881 F.3d 1360, absent claim language reciting a specific non-conventional hardware configuration or processing technique, and absent evidence to the contrary, these elements are treated as WURC. Here, the specification and claims do not disclose any technical mechanisms evidencing non-conventionality (e.g., no specialized CV model, no tracking/SLAM innovation, no occlusion pipeline, no latency bounds or memory architecture). The recited components (virtual technology, graphical layers, transmitting the one or more graphical layers) are conventional in the art.
Accordingly, the claims do not include “significantly more” than the judicial exceptions.
Conclusion: ineligible under § 101.
In addition, the dependent claims recite:
Step 2A, Prong 1 (Is a judicial exception recited?):
Dependent claims 2-16, 18 and 20 recitations further narrowing the abstract idea recited in the independent claims 1, 17 and 19 and therefore directed towards the same abstract idea.
Step 2A, Prong 2 and Step 2B:
The dependent claims 2-16, 18 and 20 further narrow the abstract idea recited in the independent claims 1, 17 and 19 and are therefore directed towards the same abstract idea.
The dependent claims recite the following additional limitations:
Claim 2: one or more graphical layers, one or more user devices.
Claim 3, 4: navigational map interface being displayed by a respective user device.
Claim 5: one or more user devices comprise one or more vehicle computing systems .. display the navigational map interface having the one or more graphical layers superimposed thereon
Claim 6: to one or more computing devices, one or more virtual transportation vehicles
Claim 7: virtual, one or more satellite navigation systems,
Claim 8- 10, 12- 15: virtual,
Claim 18: the program instructions executable by the one or more processors to transmit the one or more graphical layers to at least the second subset of the plurality of users further comprise program instructions executable by the one or more processors
Claim 20: the non-transitory computer-readable medium of claim 19, wherein the plurality of computer-executable instructions which, when executed by the computer, cause the computer to transmit the one or more graphical layers to at least the second subset of the plurality of users further comprise computer-executable instructions which, when executed by the computer,
However, the examiner finds each of these additional elements to be directed to merely “apply it” or applying a generic technology to perform the recited abstract idea of business/organizational workflow of reservation and booking, the recitation to the generic computer technology that is being used as a tool to execute the steps that define the abstract idea do not provide for integration at the 2nd prong and do not provide for significantly more at step 2B.
Therefore, the limitations on the invention of claims 1-20, when viewed individually and in ordered combination are directed to in-eligible subject matter.
Claim Rejections - 35 USC § 103
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-2, 6-15, 17 and 19 are rejected under 35 U.S.C 103 as being unpatentable over Abboud (US 2015/0178642 A1, hereinafter “Abboud”) in view of Ratliff et al. (US 2003/0191725 A1, hereinafter “Ratliff”).
Regarding claims 1, 17 and 19. Abboud discloses a method, comprising:
receiving transportation data from at least a first subset of a plurality of users, wherein the transportation data corresponds to a plurality of virtual transportation modes configured for use by the plurality of users, and wherein the transportation data from a respective user comprises data corresponding to a geographic origin and a geographic destination for a respective virtual transportation mode of the respective user; (Abboud, Fig. 4, [0031]; “the reservation system 102 may receive a travel request (block 302) associated with a traveler. The travel request generally includes an origin, one or more destinations, at least one time constraint, and/or traveler preferences”)
determining a plurality of virtual hubs based on the transportation data, wherein the plurality of virtual hubs comprises one or more origin virtual hubs corresponding to at least the geographic origin and one or more destination virtual hubs corresponding to at least the geographic destination; (Abboud, Fig. 4, [0032]; Based on the travel request, the reservation system 102 may determine one or more travel graphs that comprise the origin and the one or more destinations (block 304)”)
determining a plurality of virtual hub routes based on the plurality of virtual hubs, wherein a respective virtual hub route corresponds to a geographic route from a location corresponding to a respective origin virtual hub to a location corresponding to a respective destination virtual hub; (Abboud, Fig. 4, Fig. 4, [0032-0033]; “the travel graphs correspond to routes that begin at the origin and pass through each destination of the travel request … the travel request is for a round trip, the travel routes of the travel graphs may return to the origin … Based on the one or more travel graphs and any time constraints, the reservation system 102 may build (i.e., analyze the travel graphs and determine) one or more corresponding travel paths (block 306)”)
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generating a plurality of virtual transportation capacity units for at least the subset of the plurality of users based on the transportation data, wherein a respective virtual transportation capacity unit for the respective user represents a fungible forward contract for the respective virtual transportation mode; and (Abboud, Fig. 4, [0033]; “each individual request is an instance of a sub-request for each possible date in the date range provided in the travel request. Each individual request may be processed by a computing component of the computing grid to determine pricing and availability information (block 314) for travel inventory items of travel services corresponding to the individual request, and the price for each individual request may be determined based on the pricing and availability information of corresponding travel inventory items (block 316)”)
providing a virtual transportation forward market platform for trading the plurality of virtual transportation capacity units, comprising: (Abboud, Fig. 4, [0034]; “The travel solutions may be returned from the reservation system 102 to a client device (block 320), and a user may review and book one of the returned travel solutions”)
Abboud substantially discloses the claimed invention; however, Abboud fails to explicitly disclose the “receiving market depth data from the plurality of users, wherein the market depth data comprises data indicating a plurality of bid prices and a plurality of offer prices provided by the plurality of users for the plurality of virtual transportation capacity units; generating one or more graphical layers based on the transportation data and at least a subset of the market depth data, wherein the subset of the market depth data comprises: a first bid price and a first offer price for a first virtual transportation capacity unit, wherein the first virtual transportation capacity unit corresponds to a first virtual transportation mode configured for use on a first virtual hub route; and a second bid price and a second offer price for a second virtual transportation capacity unit, wherein the second virtual transportation capacity unit corresponds to a second virtual transportation mode configured for use on a second virtual hub route; and transmitting the market depth data to the plurality of users based on the virtual hub routes, wherein transmitting the market depth data comprises transmitting the one or more graphical layers to at least a second subset of the plurality of users”. However, Ratliff teaches:
receiving market depth data from the plurality of users, wherein the market depth data comprises data indicating a plurality of bid prices and a plurality of offer prices provided by the plurality of users for the plurality of virtual transportation capacity units; (Ratliff, [0037]; returning the results of the fare search process to the customer, they allow for automated processes acting on behalf of travel vendors to “preview” the results on a real-time basis and potentially change a fare pricing decision”)
generating one or more graphical layers based on the transportation data and at least a subset of the market depth data, wherein the subset of the market depth data comprises:
a first bid price and a first offer price for a first virtual transportation capacity unit, wherein the first virtual transportation capacity unit corresponds to a first virtual transportation mode configured for use on a first virtual hub route (Ratliff, [0051]; “a set of itineraries (search results) … itinerary #1 … $414.00”); and a second bid price and a second offer price for a second virtual transportation capacity unit, wherein the second virtual transportation capacity unit corresponds to a second virtual transportation mode configured for use on a second virtual hub route (Ratliff, [0052]; “itinerary #2 … $414.00 … itinerary #3 … $585.50 … itinerary #4 … $1568.00”); and (Ratliff, [0042]; “The “bid price” is defined as the opportunity cost of having an unfilled seat at departure. “Bid prices” are one form of availability control that airlines use to limit sales for lower-valued fare types”, [0045]; “bid prices provided by the airline systems”,
transmitting the market depth data to the plurality of users based on the virtual hub routes, wherein transmitting the market depth data comprises transmitting the one or more graphical layers to at least a second subset of the plurality of users. (Ratliff, [0047]; “Modified price information may be displayed in a manner to indicate to the consumer the modified pricing of certain suppliers … new fares may be displayed as “special offers” (probably showing up in the corner of the screen) to supplement the traditional display … the special offers may be displayed in a generic (i.e., unbranded) manner”)
Therefore, it would have been obvious to one of ordinary skill in the travel planning and reservations art at the time of filing to modify Abboud to include receiving market depth data from the plurality of users, wherein the market depth data comprises data indicating a plurality of bid prices and a plurality of offer prices provided by the plurality of users for the plurality of virtual transportation capacity units; generating one or more graphical layers based on the transportation data and at least a subset of the market depth data, wherein the subset of the market depth data comprises: a first bid price and a first offer price for a first virtual transportation capacity unit, wherein the first virtual transportation capacity unit corresponds to a first virtual transportation mode configured for use on a first virtual hub route; and a second bid price and a second offer price for a second virtual transportation capacity unit, wherein the second virtual transportation capacity unit corresponds to a second virtual transportation mode configured for use on a second virtual hub route; and transmitting the market depth data to the plurality of users based on the virtual hub routes, wherein transmitting the market depth data comprises transmitting the one or more graphical layers to at least a second subset of the plurality of users, as taught by Ratliff, where this would be performed in order to provide an environment where business can address their competitive products or services immediately and before the Website provides a response to the consumer with each supplier's price. See Ratliff [0010].
Regarding claim 2. The combination of Abboud in view of Ratliff disclose the method of claim 1, wherein
Abboud substantially discloses the claimed invention; however, Abboud fails to explicitly disclose the “transmitting the one or more graphical layers to at least the second subset of the plurality of users comprises transmitting the one or more graphical layers to one or more user devices associated with at least the second subset of the plurality of users”. However, Ratliff teaches:
transmitting the one or more graphical layers to at least the second subset of the plurality of users comprises transmitting the one or more graphical layers to one or more user devices associated with at least the second subset of the plurality of users. (Ratliff, [0053]; “these offerings would be filtered prior to providing them to the customer (e.g. displaying them on a monitor) on behalf of participating suppliers. The filtering process would then offer the same or similar itineraries at a lower price based on the applicable bid price for each leg and each suppliers' repricing rules logic, and display the offerings in a new order with revised pricing. Assuming HP and AA are participants, the display”)
Therefore, it would have been obvious to one of ordinary skill in the travel planning and reservations art at the time of filing to modify Abboud to include transmitting the one or more graphical layers to at least the second subset of the plurality of users comprises transmitting the one or more graphical layers to one or more user devices associated with at least the second subset of the plurality of users, as taught by Ratliff, where this would be performed in order to provide an environment where business can address their competitive products or services immediately and before the Website provides a response to the consumer with each supplier's price. See Ratliff [0010].
Regarding claim 6. The combination of Abboud in view of Ratliff disclose the method of claim 1, wherein
Abboud substantially discloses the claimed invention; however, Abboud fails to explicitly disclose the “the plurality of virtual transportation modes comprises one or more virtual seats corresponding to one or more computing devices, one or more virtual transportation vehicles configured for use by the plurality of users, one or more spaces along a packet moving medium, or combinations thereof”. However, Ratliff teaches:
the plurality of virtual transportation modes comprises one or more virtual seats corresponding to one or more computing devices, one or more virtual transportation vehicles configured for use by the plurality of users, one or more spaces along a packet moving medium, or combinations thereof. (Ratliff, [0042]; “The “bid price” is defined as the opportunity cost of having an unfilled seat at departure … The opportunity cost (bid price) of selling a seat at a discounted price is near zero only if demand is low and that seat would otherwise certainly be empty at departure”)
Therefore, it would have been obvious to one of ordinary skill in the travel planning and reservations art at the time of filing to modify Abboud to include the plurality of virtual transportation modes comprises one or more virtual seats corresponding to one or more computing devices, one or more virtual transportation vehicles configured for use by the plurality of users, one or more spaces along a packet moving medium, or combinations thereof, as taught by Ratliff, where this would be performed in order to provide an environment where business can address their competitive products or services immediately and before the Website provides a response to the consumer with each supplier's price. See Ratliff [0010].
Regarding claim 7. The combination of Abboud in view of Ratliff disclose the method of claim 1, wherein:
Abboud substantially discloses the claimed invention; however, Abboud fails to explicitly disclose the “the plurality of bid prices and the plurality of offer prices provided by the plurality of users comprises a plurality of offer prices provided by at least the first subset of the plurality of users; the plurality of bid prices and the plurality of offer prices provided by the plurality of users comprises a plurality of bid prices provided by at least the second subset of the plurality of users; the geographic origin for the respective virtual transportation mode comprises a geographic location determined using one or more satellite navigation systems, and wherein the geographic origin corresponds to a location of the respective user; or combinations thereof”. However, Ratliff teaches:
the plurality of bid prices and the plurality of offer prices provided by the plurality of users comprises a plurality of offer prices provided by at least the first subset of the plurality of users; the plurality of bid prices and the plurality of offer prices provided by the plurality of users comprises a plurality of bid prices provided by at least the second subset of the plurality of users; (Ratliff, [0047]; “Modified price information may be displayed in a manner to indicate to the consumer the modified pricing of certain suppliers … new fares may be displayed as “special offers” (probably showing up in the corner of the screen) to supplement the traditional display … the special offers may be displayed in a generic (i.e., unbranded) manner”)
the geographic origin for the respective virtual transportation mode comprises a geographic location determined using one or more satellite navigation systems, and wherein the geographic origin corresponds to a location of the respective user; or combinations thereof. (Ratliff, [0050]; “The entries in the flight itineraries of the following examples represent the following
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”)
Therefore, it would have been obvious to one of ordinary skill in the travel planning and reservations art at the time of filing to modify Abboud to include the plurality of bid prices and the plurality of offer prices provided by the plurality of users comprises a plurality of offer prices provided by at least the first subset of the plurality of users; the plurality of bid prices and the plurality of offer prices provided by the plurality of users comprises a plurality of bid prices provided by at least the second subset of the plurality of users; the geographic origin for the respective virtual transportation mode comprises a geographic location determined using one or more satellite navigation systems, and wherein the geographic origin corresponds to a location of the respective user; or combinations thereof, as taught by Ratliff, where this would be performed in order to provide an environment where business can address their competitive products or services immediately and before the Website provides a response to the consumer with each supplier's price. See Ratliff [0010].
Regarding claim 8. The combination of Abboud in view of Ratliff disclose the method of claim 1, wherein
Abboud substantially discloses the claimed invention; however, Abboud fails to explicitly disclose the “the first virtual transportation capacity unit corresponds to a first grade specification and the second virtual transportation capacity unit corresponds to a second grade specification, wherein the first grade specification and the second grade specification are different”. However, Ratliff teaches:
the first virtual transportation capacity unit corresponds to a first grade specification and the second virtual transportation capacity unit corresponds to a second grade specification, wherein the first grade specification and the second grade specification are different. (Ratliff, [0053-0054]; “these offerings would be filtered prior to providing them to the customer (e.g. displaying them on a monitor) on behalf of participating suppliers. The filtering process would then offer the same or similar itineraries at a lower price based on the applicable bid price for each leg and each suppliers' repricing rules logic, and display the offerings in a new order with revised pricing. Assuming HP and AA are participants, the display using the new method might appear as follows:
Itinerary #1
HP 2193 W 21SEP BWI SAN 816A 1230P
HP 2241 W 24SEP SAN BWI 151P 1133P
$ 358.00
Itinerary #2
AA 1555 V 21SEP BWI ORD 700A 755A
AA 1447 V 21SEP ORD SAN 840A 1057A
AA 1256 V 24SEP SAN DFW 1130A 423P
AA 1110 V 24SEP DFW BWI 526P 926P
$ 414.00
Itinerary #3
UA 467 V 21SEP BWI SAN 725A 1133A
UA 1618 V 24SEP SAN BWI 825A 600P
$ 414.00
Itinerary #4
WN 97 H 21SEP BWI SAN 455P 830P
WN 96 H 24SEP SAN BWI 815A 515P
$ 414.00”)
Therefore, it would have been obvious to one of ordinary skill in the travel planning and reservations art at the time of filing to modify Abboud to include the first virtual transportation capacity unit corresponds to a first grade specification and the second virtual transportation capacity unit corresponds to a second grade specification, wherein the first grade specification and the second grade specification are different, as taught by Ratliff, where this would be performed in order to provide an environment where business can address their competitive products or services immediately and before the Website provides a response to the consumer with each supplier's price. See Ratliff [0010].
Regarding claim 9. The combination of Abboud in view of Ratliff disclose the method of claim 1, wherein
Abboud substantially discloses the claimed invention; however, Abboud fails to explicitly disclose the “the subset of the market depth data further comprises a third bid price and a third offer price for a third virtual transportation capacity unit, wherein the third virtual transportation capacity unit corresponds to a third virtual transportation mode configured for use on a third virtual hub route”. However, Ratliff teaches:
the subset of the market depth data further comprises a third bid price and a third offer price for a third virtual transportation capacity unit, wherein the third virtual transportation capacity unit corresponds to a third virtual transportation mode configured for use on a third virtual hub route. (Ratliff, [0054]; “Itinerary #1
HP 2193 W 21SEP BWI SAN 816A 1230P
HP 2241 W 24SEP SAN BWI 151P 1133P
$ 358.00
Itinerary #2
AA 1555 V 21SEP BWI ORD 700A 755A
AA 1447 V 21SEP ORD SAN 840A 1057A
AA 1256 V 24SEP SAN DFW 1130A 423P
AA 1110 V 24SEP DFW BWI 526P 926P
$ 414.00
Itinerary #3
UA 467 V 21SEP BWI SAN 725A 1133A
UA 1618 V 24SEP SAN BWI 825A 600P
$ 414.00
Itinerary #4
WN 97 H 21SEP BWI SAN 455P 830P
WN 96 H 24SEP SAN BWI 815A 515P
$ 414.00”)
Therefore, it would have been obvious to one of ordinary skill in the travel planning and reservations art at the time of filing to modify Abboud to include the subset of the market depth data further comprises a third bid price and a third offer price for a third virtual transportation capacity unit, wherein the third virtual transportation capacity unit corresponds to a third virtual transportation mode configured for use on a third virtual hub route, as taught by Ratliff, where this would be performed in order to provide an environment where business can address their competitive products or services immediately and before the Website provides a response to the consumer with each supplier's price. See Ratliff [0010].
Regarding claim 10. The combination of Abboud in view of Ratliff disclose the method of claim 1, wherein the subset of the market depth data further comprises data corresponding to a first mileage estimate for the first virtual hub route, a first route time estimate for the first virtual hub route, a second mileage estimate for the second virtual hub route, a second route time estimate for the second virtual hub route, or combinations thereof. (Abboud, [0052]; “FIG. 7A provides an example travel graph 800, that comprises an origin 802 (location ‘A’), and three destinations 804-808 (locations ‘B’, ‘C’, ‘D’) … flights 810-818 (labeled ‘F1’, ‘F2’, ‘F3’, ‘F4’, ‘F5’ respectively) may be offered from the origin 802 to the location B destination. Each flight 810-818 includes a date of service and a price: ‘F1(1, 10)’ indicates that the flight F1 810 is offered on date 1 for a cost of 10; ‘F2(2, 15)’ indicates that the flight F2 812 is offered on date 2 for a cost of 15; ‘F3(3, 10)’ indicates that the flight F3 814 is offered on date 3 for a cost of 10; ‘F4(4, 13)’ indicates that the flight F4 816 is offered on date 4 for a cost of 13; and ‘F5(5, 19)’ indicates that the flight F5 818 is offered on date 5 for a cost of 19”)
Regarding claim 11. The combination of Abboud in view of Ratliff disclose the method of claim 1, wherein
Abboud substantially discloses the claimed invention; however, Abboud fails to explicitly disclose the “the first bid price corresponds to a highest bid price for the first virtual transportation capacity unit, the first offer price corresponds to a lowest offer price for the first virtual transportation capacity unit, the second bid price corresponds to a highest bid price for the second virtual transportation capacity unit, the second offer price corresponds to a lowest offer price for the second virtual transportation capacity unit, or combinations thereof”. However, Ratliff teaches:
the first bid price corresponds to a highest bid price for the first virtual transportation capacity unit, the first offer price corresponds to a lowest offer price for the first virtual transportation capacity unit, the second bid price corresponds to a highest bid price for the second virtual transportation capacity unit, the second offer price corresponds to a lowest offer price for the second virtual transportation capacity unit, or combinations thereof. (Ratliff, [0036]; “Reservation systems and Internet fare search engines use specialized techniques to review fare offerings, both published and unpublished (specially offered fares not normally available), across a number of different vendors (e.g. airlines, car rental companies, hotels, and the like) and return these results to the buyer in some ranked ordering (based on what attributes the customer has requested, e.g., lowest price ones first)”)
Therefore, it would have been obvious to one of ordinary skill in the travel planning and reservations art at the time of filing to modify Abboud to include the first bid price corresponds to a highest bid price for the first virtual transportation capacity unit, the first offer price corresponds to a lowest offer price for the first virtual transportation capacity unit, the second bid price corresponds to a highest bid price for the second virtual transportation capacity unit, the second offer price corresponds to a lowest offer price for the second virtual transportation capacity unit, or combinations thereof, as taught by Ratliff, where this would be performed in order to provide an environment where business can address their competitive products or services immediately and before the Website provides a response to the consumer with each supplier's price. See Ratliff [0010].
Regarding claim 12. The combination of Abboud in view of Ratliff disclose the method of claim 1, wherein the transportation data from the respective user further comprises:
data corresponding to a virtual transportation capacity for the respective virtual transportation mode of the respective user; (Abboud, [0024]; “The availability and price module 136 may be configured to query inventory systems 106 and store pricing and availability information for various travel inventory items of various types of travel services (e.g., a ticket for a flight, a ticket for rail travel, etc.) in an availability and price database 138”)
data corresponding to a virtual transportation availability for the respective virtual transportation mode of the respective user, wherein the virtual transportation availability for the respective virtual transportation mode comprises a date when the respective virtual transportation mode is available for use, a time when the respective virtual transportation mode is available for use, or combinations thereof; or combinations thereof. (Abboud, [0031]; “With regard to time constraints, the travel request may indicate a date range in which the traveler wishes to travel, dates at which the traveler desires to be at a particular location, a minimum/maximum number of days that the traveler desires to be at each location, and/or other such time constraints”)
Regarding claim 13. The combination of Abboud in view of Ratliff disclose the method of claim 1, wherein the fungible forward contract represented by the respective virtual transportation capacity unit comprises:
one or more conditional attributes to provide substitutability with another virtual transportation capacity unit of the plurality of virtual transportation capacity units; a plurality of contract specifications, the plurality of contract specifications comprising one or more cost of cover specifications, one or more liquidated damages specifications, one or more force majeure specifications, or combinations thereof; or combinations thereof. (Abboud, [0034]; “the reservation system may sort and filter the candidate travel solutions based on pricing, availability, reservation agent preferences, and/or traveler preferences to thereby determine the one or more travel solutions from the candidate travel solutions. For example, if a traveler prefers air travel to ground travel, the system may filter the candidate travel solutions such that candidate travel solutions including more ground travel may be ignored”)
Regarding claim 14. The combination of Abboud in view of Ratliff disclose the method of claim 1, wherein transmitting the market depth data further comprises:
Abboud substantially discloses the claimed invention; however, Abboud fails to explicitly disclose the “receiving term specification data from a buying user of the plurality of users, wherein the term specification data indicates one or more selections by the buying user for the availability of the plurality of virtual transportation modes, wherein the one or more selections comprise a start date, an end date, a usage frequency, or combinations thereof; and transmitting the market depth data to the buying user based on the term specification data”. However, Ratliff teaches:
receiving term specification data from a buying user of the plurality of users, wherein the term specification data indicates one or more selections by the buying user for the availability of the plurality of virtual transportation modes, wherein the one or more selections comprise a start date, an end date, a usage frequency, or combinations thereof; and transmitting the market depth data to the buying user based on the term specification data. (Ratliff, [0053]; “these offerings would be filtered prior to providing them to the customer (e.g. displaying them on a monitor) on behalf of participating suppliers. The filtering process would then offer the same or similar itineraries at a lower price based on the applicable bid price for each leg and each suppliers' repricing rules logic, and display the offerings in a new order with revised pricing. Assuming HP and AA are participants, the display”)
Therefore, it would have been obvious to one of ordinary skill in the travel planning and reservations art at the time of filing to modify Abboud to include receiving term specification data from a buying user of the plurality of users, wherein the term specification data indicates one or more selections by the buying user for the availability of the plurality of virtual transportation modes, wherein the one or more selections comprise a start date, an end date, a usage frequency, or combinations thereof; and transmitting the market depth data to the buying user based on the term specification data, as taught by Ratliff, where this would be performed in order to provide an environment where business can address their competitive products or services immediately and before the Website provides a response to the consumer with each supplier's price. See Ratliff [0010].
Regarding claim 15. The combination of Abboud in view of Ratliff disclose the method of claim 1, wherein transmitting the market depth data further comprises:
receiving constraint data from a buying user of the plurality of users, wherein the constraint data indicates a selection by the buying user of one or more conditions for the plurality of virtual transportation modes, wherein the one or more conditions comprise cheapest transmission, single mode of transmission, multiple modes of transmission, fastest transmission, highest rated transmission, most available transmission, highest volume of participants for transmission, most frequent transmission, service level for transmission, pollution reduction, emissions reduction, highest safety and security level for transmission, or combinations thereof; and transmitting the market depth data to the buying user based on the constraint data. (Abboud, [0059]; “The orchestrator may order and/or filter the received candidate travel solutions (block 1120) based at least in part on price (e.g., minimum price ordering), traveler preferences (e.g., ordering and/or filtering based on preferences of the traveler), business rules (e.g., preferring types of travel, particular travel merchants, etc.), and/or other such types of rules that may be implemented for the system to dynamically order and/or filter the candidate travel solutions to thereby determine travel solutions corresponding to the travel request”)
Claims 3-5, 18 and 20 are rejected under 35 U.S.C 103 as being unpatentable over Abboud in view of Ratliff further in view of Isert et al. (US 20140358431 A1, hereinafter “Isert”)
Regarding claims 3, 18 and 20. The combination of Abboud in view of Ratliff disclose the method of claim 2, wherein
The combination substantially discloses the claimed invention; however, the combination fails to explicitly disclose the “the one or more graphical layers are configured to be superimposed on to a navigational map interface being displayed by a respective user device”. However, Isert teaches:
the one or more graphical layers are configured to be superimposed on to a navigational map interface being displayed by a respective user device. (Isert, [0011]; “the first user device is configured for determining the digital updated map information in such a manner that the second digital map information of the navigation information is displayed on the optical output device, superimposed on the first digital map information. This embedding by means of screen superimposition, also referred to as ground overlay or map overlay, allows flexible and simple optical display of the first and the second map information”)
Therefore, it would have been obvious to one of ordinary skill in the travel planning and reservations art at the time of filing to modify Abboud to include the one or more graphical layers are configured to be superimposed on to a navigational map interface being displayed by a respective user device, as taught by Isert, where this would be performed in order to allow reliable and/or current provision of navigation information. See Isert [0005].
Regarding claim 4. The combination of Abboud in view of Ratliff further in view of Isert disclose the method of claim 3, wherein
The combination of Abboud in view of Ratliff substantially discloses the claimed invention; however, the combination of Abboud in view of Ratliff fails to explicitly disclose the “the navigational map interface being displayed includes a visualization of the first virtual hub route and a visualization of the second virtual hub route”. However, Isert teaches:
the navigational map interface being displayed includes a visualization of the first virtual hub route and a visualization of the second virtual hub route. (Isert, [0012]; “the digital second map information comprises data for display of planned travel routes and/or of travel maneuver comments along the desired route section and/or of the current position of the first user device relative to the desired route section and/or of traffic comments. Advantageously, this makes it possible to make this further information available easily and to display it by means of the optical output device”)
Therefore, it would have been obvious to one of ordinary skill in the travel planning and reservations art at the time of filing to modify Abboud to include the navigational map interface being displayed includes a visualization of the first virtual hub route and a visualization of the second virtual hub route, as taught by Isert, where this would be performed in order to allow reliable and/or current provision of navigation information. See Isert [0005].
Regarding claim 5. The combination of Abboud in view of Ratliff further in view of Isert disclose the method of claim 3, wherein
The combination of Abboud in view of Ratliff substantially discloses the claimed invention; however, the combination of Abboud in view of Ratliff fails to explicitly disclose the “the one or more user devices comprise one or more vehicle computing systems associated with at least the second subset of the plurality of users, and wherein the one or more vehicle computing systems are configured to display the navigational map interface having the one or more graphical layers superimposed thereon”. However, Isert teaches:
the one or more user devices comprise one or more vehicle computing systems associated with at least the second subset of the plurality of users, and wherein the one or more vehicle computing systems are configured to display the navigational map interface having the one or more graphical layers superimposed thereon. (Isert, [0011]; “the first user device is configured for determining the digital updated map information in such a manner that the second digital map information of the navigation information is displayed on the optical output device, superimposed on the first digital map information. This embedding by means of screen superimposition, also referred to as ground overlay or map overlay, allows flexible and simple optical display of the first and the second map information”)
Therefore, it would have been obvious to one of ordinary skill in the travel planning and reservations art at the time of filing to modify Abboud to include the one or more user devices comprise one or more vehicle computing systems associated with at least the second subset of the plurality of users, and wherein the one or more vehicle computing systems are configured to display the navigational map interface having the one or more graphical layers superimposed thereon, as taught by Isert, where this would be performed in order to allow reliable and/or current provision of navigation information. See Isert [0005].
Claim 16 is rejected under 35 U.S.C 103 as being unpatentable over Abboud in view of Ratliff further in view of Lim et al. (US 20200005388 A1, hereinafter “Lim”).
Regarding claim 16. The combination of Abboud in view of Ratliff disclose the method of claim 1, wherein transmitting the market depth data further comprises:
The combination substantially discloses the claimed invention; however, the combination fails to explicitly disclose the “receiving blockchain data corresponding to the plurality of users; and transmitting the market depth data based on the blockchain data”. However, Lim teaches:
receiving blockchain data corresponding to the plurality of users; and (Lim, [0055]; “The rental asset notification 228 may include an indication the rental asset is available from a providing node 104B as well as an asset request blockchain transaction 426. The physical infrastructure 214 may be utilized to retrieve any of the data or information”)
transmitting the market depth data based on the blockchain data. (Lim, [0070]; “After receiving the notification the rental asset is available 431, the requester node 410 or the consumer 116 (whichever is the origin of the request) obtains and utilizes the rental asset 435”)
Therefore, it would have been obvious to one of ordinary skill in the travel planning and reservations art at the time of filing to modify Abboud to include receiving blockchain data corresponding to the plurality of users; and transmitting the market depth data based on the blockchain data, as taught by Lim, where this would be performed in order to efficiently identifying and providing remote rental assets in order to overcome these limitations. See Lim [0004].
Conclusion
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/AVIA SALMAN/Primary Patent Examiner, Art Unit 3627