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
Claims 1-6 have been examined in this Final Rejection. Claims 1-6 are currently pending.
Priority
Application 18/735,193 filed 06/06/2024 is a continuation in part of 17/720,747 filed 04/14/2022, which claims priority to foreign application TW110113694 filed 04/16/2021.
Claim Objections
Claim(s) 1 is objected to because of the following informalities: "establishable" in the last line of Claim 1, should be "established". Appropriate correction is required.
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 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-6 are directed to a system, method, or product which are/is one of the statutory categories of invention. (Step 1: YES).
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites a method for calculating carbon credit based on personal carbon emissions. For Claim 1:
A method of calculating carbon credit based on personal carbon emission for […] traveling along a predetermined route to calculate carbon credit saved in each round of traveling along the predetermined route, wherein the predetermined route comprises a plurality of predetermined nodes, and a route between two adjacent ones of the predetermined nodes is defined as a travel segment, wherein […] comprises […] displaying data, a satellite positioning […] for measuring a self-position, a storage […] for storing data, and an operation […], the method of calculating carbon credit based on personal carbon emission comprising the following steps:
Step S1, activating and moving […] along the predetermined route, such that […] is operable to identify predetermined nodes past thereby, to define the travel segments, and to calculate a travel distance and a carbon credit saved, wherein the storage […] stores at least one predetermined traveling means carbon emission parameter corresponding to a plurality of types of traveling means data, an average carbon emission amount and every one-trip personal carbon emission amount corresponding thereto, a cumulative comparison carbon credit, and a cumulative standard carbon credit;
Step S2, passing through one of the predetermined nodes and executing at least one round of segmental carbon emission calculation operation, wherein upon passing through one of predetermined nodes, […]perform at least one round of segmental carbon emission calculation operation, wherein each round of segmental carbon emission calculation operation comprises:
Step S2-1, executing a traveling means data and recording a travel distance toward a next one of the predetermined nodes, wherein a traveling means data is selected and executed, and […] calculates the travel distance toward the next one of the predetermined nodes based on measurement data of the satellite positioning […]; and
Step S2-2, calculating a segmental personal carbon emission amount corresponding to the travel segment, wherein the operation […] applies Formula (1) to calculate a segmental personal carbon emission amount corresponding to the travel segment for storing in the storage […],
PA(N)= V(x)*D(N) Formula (1)
where PA is the segmental personal carbon emission amount; V(x) is the traveling means carbon emission parameter of the traveling means so selected; and D(N)is a total travel distance within the travel segment;
Step S3, adding up all segmental personal carbon emission amounts to obtain a one-trip personal carbon emission amount corresponding to the predetermined route, wherein when […] reaches a last one of the predetermined nodes of the predetermined route, Formula (4) is applied to carry out calculation by adding up all of the segmental personal carbon emission amounts that are calculated in Step S2-2 of each round performed for the predetermined route to calculate a one-trip personal carbon emission amount corresponding to the predetermined route and Formula (4-1) is applied to calculate an average carbon emission amount for storing in the storage module,
TPA= PA(1)+ PA(2)+...+ PA(N) Formula (4)
ACE= TPA(1)+ TPA(2)+...+TPA(N-1) /N-1 Formula (4-1)
where TPA is the one-trip personal carbon emission amount of the entire trip, and ACE is the average carbon emission amount of the entire trip;
Step S4, calculating a one-trip carbon emission comparison amount based on the average carbon emission amount and the one-trip personal carbon emission amount, and adding the one-trip carbon emission comparison amount to a cumulative comparison carbon credit to serve as a new cumulative comparison carbon credit to be displayed on the portable device, wherein Formula (5) or Formula (6) is applied to calculate the one-trip carbon emission comparison amount based on the average carbon emission amount and the one-trip personal carbon emission amount stored in the storage […], and Formula (7) and Formula (7-1) are applied to calculate the new cumulative comparison carbon credit that is then displayed on the portable device; and
when ACE> TPA, CTA= ACE-TPA Formula (5)
when ACE≤TPA, CTA= 0 or = ACE - TPA Formula (6)
and ACC= SUM(CTA(1):CTA(N)) Formula (7)
NACC= SUM[(CTA+ACC)(1):(CTA+ACC)(N)] Formula (7-1)
where ACE is the average carbon emission amount; TPA is the one-trip personal carbon emission amount; CTA is the one-trip carbon emission comparison amount; ACC is the cumulative comparison carbon credit; and NACC is the new cumulative comparison carbon credit;
Step S5, subjecting the average carbon emission amount and all of the one-trip personal carbon emission amounts corresponding thereof to an averaging operation with the one-trip personal carbon emission amount of this round to update to a new average carbon emission amount, wherein […] subjects the average carbon emission amount and all of the one-trip personal carbon emission amounts corresponding thereto to operation of Formula (8) to update to a new average carbon emission amount to be stored in the storage […],
NACE=SUM(TPA(1)):TPA(N))/N Formula (8),
Wherein a carbon emission baseline is establishable according to NACE
where NACE is the new average carbon emission amount, as drafted, are processes that, under the broadest reasonable interpretation, covers mathematical concepts. The Examiner notes that “Mathematical Concepts” includes a mathematical relationships, mathematical formulas or equations, and mathematical calculations. If a claim limitation, under its broadest reasonable interpretation, covers a numerical formula or equation it will be considered as falling within the “mathematical concepts” grouping. That is, other than reciting portable device, display panel, satellite positioning module, storage module, and operation module, the claimed invention amounts to calculating the carbon credit during travel, i.e.. Formulas 1-8. In addition, there are instances where a formula or equation is written in text format that should also be considered as falling within this grouping.
Alternatively, the claim as drafted, is a process that, under the broadest reasonable interpretation, covers certain methods of organizing human activity (i.e., commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); and managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) ) but for recitation of generic computer components. The Examiner notes that “certain method[s] of organizing human activity” includes a person's interaction with a computer (see MPEP 2106.04(a)(2)(II)). That is, other than reciting portable device, display panel, satellite positioning module, storage module, and operation module, the claimed invention amounts to managing personal behavior or interaction between people, and commercial or legal interactions. For example, but for the portable device, display panel, satellite positioning module, storage module, and operation module this claim encompasses a user to move along a route, define travel segments, calculate the travel distance and carbon credits saved, based on this data in the manner described in the identified abstract idea, supra. If a claim limitation, under its broadest reasonable interpretation, covers commercial or legal interactions and/or managing personal behavior or interactions between people but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. The types of identified abstract ideas are considered together as a single abstract idea for analysis purposes. Accordingly, Claims 1 recites an abstract idea. (Step 2A- Prong 1: YES. The claims recite an abstract idea).
This judicial exception is not integrated into a practical application. Claim 1 recites the additional elements of a portable device, display panel, satellite positioning module, storage module, and operation module that implements the identified abstract idea. These additional elements are not described by the applicant and are recited at a high-level of generality (i.e., one or more generic computers performing a generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer components. Accordingly, even in combination these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Claim 1 is directed to an abstract idea. (Step 2A-Prong 2: NO: the additional claimed elements are not integrated into a practical application).
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 elements of a portable device, display panel, satellite positioning module, storage module, and operation module to perform the noted steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”). Accordingly, even in combination, these additional elements do not provide significantly more. As such claims 1 is not patent eligible. (Step 2B: NO. The claims do not provide significantly more).
Dependent Claims 2-6 are similarly rejected because they either further define/narrow the abstract idea of independent claim 1 as discussed above. Claim(s) 2 merely describe(s) calculating carbon credit based on personal carbon emission, where the calculation of the one-trip carbon emission is ACE≤TPA CTA=0. Claim(s) 3 merely describe(s) calculating the carbon credit based on personal carbon emission, wherein Step S2, each round of segmental carbon emission calculation further comprises Step S2-3, and in Step S2-3, a segmental standard carbon emission amount corresponding to the travel segment calculated wherein the portable device applies formula (2) to calculate the segmental standard carbon emission amount to the travel segment, wherein the method of calculating carbon credit based on personal carbon emission further comprises Step S6 and Step S7 where Step S6 is a segmental standard carbon emission difference amount corresponding to the travel segment obtained by subtracting from each of the segmental standard carbon emission amounts, the segmental person carbon emission amount corresponding thereto, wherein the portable device reaches the last one of the predetermined nodes, Formula (9) is applied to calculate the segmental carbon emission difference corresponding to the travel segment based on each round of Step S2-3 and in Step S7 positive ones of the segmental standard carbon emission difference amounts are added, wherein the portable device adds up the positive ones of the segmental standard carbon emission difference amounts to be stored in the storage module. Claim(s) 4 merely describe(s) the method of calculating carbon credit based on personal carbon emission, wherein the storage module further stores a cumulative standard carbon credit, and in Step S7, the positive ones of the segmental standard carbon emission difference amounts and the cumulative standard carbon credit are added together to form a new cumulative standard carbon credit to be displayed on the portable device, wherein the portable device subjects the positives ones of the segmental standard carbon emission difference amounts to calculation of Formula (10) to form the new cumulative standard carbon credit NZ to be then displayed on the portable devices, and stores the new cumulative standard carbon credit NZ again in the storage module to serve as a next cumulative standard carbon credit. Claim(s) 5 merely describe(s) calculating carbon credit based on personal carbon emission, wherein the storage stores a predetermined traveling means carbon emission parameter corresponding to a different speed of each type of the traveling means data, and in Step S2-1, the operation is operable to calculate an average traveling speed according to the measurement data of the satellite positioning, and in Step S2-2, the operation uses the recorded traveling means data and the predetermined traveling means carbon emission parameter corresponding to the average traveling speed to calculate the segmental personal carbon emission amount. Therefore claims 2-5 are considered patent ineligible for the reasons given above.
Claims 3-5 include the additional elements of the portable device, storage module, operation module, and satellite positioning module. The portable device, storage module, operation module, and satellite positioning module are analyzed in the same manner as the portable device, storage module, operation module, and satellite positioning module in the independent claim and does not provide a practical application or significantly more for the same reasons above. Therefore claims 3-5 are considered patent ineligible for the reasons given above.
Dependent Claim(s) 6 recite limitations that further define the abstract idea noted in independent claim 1. In addition, it recites the additional elements of a mobile phone screen, smart watch screen, and screens of other portable display devices. The mobile phone screen, smart watch screen, and screens of other portable display devices, are recited at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computing component. Even in combination, these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself. Therefore, dependent claims 2-6 are considered patent ineligible for the reasons given above.
Subject Matter Distinguishable from Prior Art
As previously disclosed in the Non-Final on 10/15/2025, Claim 1 would be allowable if it was written or amended to overcome the 35 U.S.C. 101 Rejection set forth in this office action.
Dependent claims 2-6 are also allowable over prior art by virtue of their dependencies.
A Non-Patent Literature search was conducted and no relevant art was found.
Response to Arguments
Applicant's arguments filed 04/13/2026 with respect to the Specification, have been fully considered and are persuasive. The objection to the specification is withdrawn in light of the amendments.
Applicant's arguments filed 04/13/2026 with respect to 35 U.S.C. § 101, have been fully considered but they are not persuasive. Applicant argues that even though certain mathematical calculations are involved in the invention of the claim, that the invention covers physical interaction between an object and the physical world to identify a carbon emission baseline for an object traveling along the route in order to help improve future carbon emission for traveling along the route. Applicant further argues that the invention provides interaction between an object and the physical world, rather than interaction between people and therefore is no interaction between people, or commercial or legal interactions or management of personal behavior. The Examiner respectfully disagrees. MPEP 2106.04(a)(2)(II) states that a claimed invention is directed to certain methods of organizing human activity if the identified claim elements contain limitations that encompass fundamental economic principles or practices, commercial or legal interactions, or managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). The Examiner submits that the identified claim elements represent a series of rules or instructions that a person or persons, with or without the aid of a computer, would follow calculate carbon credit based on personal carbon emission for a portable device traveling along a predetermined route to calculate carbon credit saved in each round of traveling along the predetermined route by moving the device to different areas on the predetermined route, passing through predetermined nodes, executing a traveling means and recording travel distance, calculating segmental personal carbon emission amount, adding up all the segmental personal carbon amounts and determining an average carbon emission amount, calculating a one-trip carbon emission amount, and subjecting the average carbon emission amount all of the one-trip personal carbon emission amounts. The Examiner further notes that the limitations above constitute calculating a travel distance, a segmental personal carbon emission amount, adding the segmental personal carbon emission amounts, a one-trip personal carbon emission amount, and an average carbon emission amount, which are process that, under their broadest reasonable interpretation, are considered mathematical concepts, in the form of a mathematical relationship, mathematical formulas or equations, and/or mathematical calculation. It is important to note that mathematical concept does not need to be expressed in mathematical symbols. The types of identified abstract ideas are considered together as a single abstract idea for analysis purposes. Because the claim elements fall under a series of rules or instructions that a person or persons would follow to determine carbon emission amounts, and mathematical concepts, the claimed invention is directed to an abstract idea.
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 Emily M Kraisinger whose telephone number is (703)756-4583. The examiner can normally be reached M-F 7:30 AM -4:30 PM.
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/E.M.K./Examiner, Art Unit 3626
/JESSICA LEMIEUX/Supervisory Patent Examiner, Art Unit 3626
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