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 .
The current application relates to PCT/JP2022/002481 filed on Jan. 24, 2022.
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 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Independent Claim shown:
Claim 1. A path planning device for planning a path on which a machine capable of transporting an object moves, the path planning device comprising: at least one processor circuit and a memory storing instructions, that when executed by the processor circuit, cause the processor circuit to at least:
acquire a graph including a plurality of nodes corresponding to a plurality of points and a plurality of edges corresponding to a plurality of roads connecting the plurality of points;
determine weights to be assigned to the plurality of edges; and
select a start point and an end point from the plurality of nodes, and
determine a path from the start point to the end point based on the weights assigned to the plurality of edges,
wherein the weights to be assigned to the plurality of edges are determined based on at least a weight of the object transported by the machine during movement on the road corresponding to each edge, and a difference in altitude between points corresponding to two nodes connected by each edge..
101 Analysis - Step 1: Statutory category – Yes
The claim cites a device including at least one processor and memory storing instruction for performing at least one step function (shown in bolding). The claim falls within one of the four statutory categories. MPEP 2106.03
101 Analysis - Step 2A Prong one evaluation: Judicial Exception – Yes – Mental processes.
In Step 2A, Prong one of the 2019 Patent Eligibility Guidance (PEG), a claim is to be analyzed to determine whether it recites subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) mental processes, and/or c) certain methods of organizing human activity.
The Office submits that the foregoing bolded limitation(s) constitutes judicial exceptions in terms of “mental processes” because under its broadest reasonable interpretation, the limitations can be “performed in the human mind, or by a human using a pen and paper”. See MPEP 2106.04(a)(2)(III)
The claim cites the limitation of acquire a graph including a plurality of nodes and edges corresponding to roads connecting the points and the edges; determine weights to be assigned to the plurality of edges; and select a start point and an end point from the nodes, and determine a path based on the weights assigned to the edges; wherein the weights determined based on a weight of an object transported by the machine, and a difference in altitude between points. This limitation, as drafted, is a simple process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of by “a processor”. That is, other than reciting by the “processor” nothing in the claim elements precludes the step from practically being performed in the mind. For example, but for the “processor” language, the claim encompasses a person looking at data collected and forming a simple judgement. The mere nominal recitation of by the processor does not take the claim limitations out of the mental process grouping.
Thus, the claim recites a mental process.
101 Analysis - Step 2A Prong two evaluation: Practical Application – No
In Step 2A, Prong two of the 2019 PEG, a claim is to be evaluated whether, as a whole, it integrates the recited judicial exception into a practical application. As noted in MPEP 2106.04(d), it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception. The courts have indicated that additional elements such as: merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
The Office submits that the foregoing bolded limitation(s) recite additional elements that do not integrate the recited judicial exception into a practical application.
The claim cites additional elements of “a path planning device” comprises at least one processor circuit and a memory storing instructions. These elements cause the processor performing the aforementioned mental processing steps as general means of gathering road data, object’s weight data for use in the path-determination step. However, these limitation amount to mere data gathering, which is a form of insignificant extra-solution activity.
The “path planning device” comprises the processor circuit and a memory storing instructions merely describes how to generally “apply” the otherwise mental judgements using a generic or general-purpose determining a path on the road, i.e. a computer.
Accordingly, the recitation of a processor and memory merely describes the general application of mental judgments using a generic computer to determine a path on a road, which does not integrate the abstract idea into a practical application
101 Analysis - Step 2B evaluation: Inventive concept – No
In Step 2B of the 2019 PEG, a claim is to be evaluated as to whether the claim, as a whole, amounts to significantly more than the recited exception, i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. See MPEP 2106.05.
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B, i.e., mere instructions to apply an exception on a generic computer cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Under the 2019 PEG, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B. Here, the acquiring, selecting, determining steps were considered to be insignificant extra-solution activity in Step 2A, and thus they are re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field. The background recites that the sensors are all conventional sensors mounted on the vehicle, and the claims’ specification does not provide any indication that the “path planning device” is anything other than a conventional computer within a vehicle. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). Further, the Federal Circuit in Trading Techs. Int’l v. IBG LLC, 921 F.3d 1084, 1093 (Fed. Cir. 2019), and Intellectual Ventures I LLC v. Erie Indemnity Co., 850 F.3d 1315, 1331 (Fed. Cir. 2017). Accordingly, a conclusion that the gathering, determining steps are well-understood, routine, conventional activity is supported under Berkheimer.
Thus, the claim is ineligible.
Dependent Claims
Dependent claims(s) 2-12 do not recite any further limitations that cause the claim(s) to be patent eligible. Rather, the limitations of the dependent claims are directed toward additional aspects of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application. Therefore, dependent claims 2-12 are not patent eligible under the same rationale as provided for in the rejection of claim 1.
Therefore, claim(s) 1-12 is/are ineligible under 35 USC §101.
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.
Claim(s) 1-2 & 6-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sorin (20190217857) in view of Inoue (WO2018021027).
With regard to claim 1, Sorin discloses a path planning device for planning a path on which a machine capable of transporting an object moves, the path planning device comprising: at least one processor circuit and a memory storing instructions, that when executed by the processor circuit (a vehicle 102 comprises a computer system 200 which includes a motion planner 280, and etc., see [0094]+), cause the processor circuit to at least:
acquire a graph including a plurality of nodes corresponding to a plurality of points and a plurality of edges corresponding to a plurality of roads connecting the plurality of points (A planning graph for the vehicle 102 comprises nodes, edges, and etc. see [0115]+) ;
determine weights to be assigned to the plurality of edges; and select a start point and an end point from the plurality of nodes (Each edge of the planning graphs 400 and 500 assigned by a weight, see [0113]+); and
determine a path from the start point to the end point based on the weights assigned to the plurality of edges (the motion planner 280 performs an optimization to identify a path with a high potential of a collision with the dynamic object, see [0111]-[0113]+).
Sorin fails to teach the weights to be assigned to the plurality of edges are determined based on at least a weight of the object transported by the machine during movement on the road corresponding to each edge, and a difference in altitude between points corresponding to two nodes connected by each edge.
Inoue discloses an electric truck 1 has a ECU, a navigation device, a communication, and etc. Wherein the ECU2 comprises an optimal route selection part 14 calculates the amount of regenerative power (Egin 100) of the downhill road 60 and the running power consumption of the uphill road 70 (Elos 20), and etc., see Fig.3, [0052]+, and the transportation route information includes a downhill/uphill road with a predetermined slope or higher, the optimal route is selected with a relative heavy/light total load weight, see [0053]+, which meets the scope of “the weights to be assigned to the plurality of edges are determined based on at least a weight of the object transported by the machine during movement on the road corresponding to each edge, and a difference in altitude between points corresponding to two nodes connected by each edge”, wherein the downhill/uphill and loading weights are equivalent altitude and weight of the object according).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Sorin by including the weights to be assigned to the plurality of edges are determined based on at least a weight of the object transported by the machine during movement on the road corresponding to each edge, and a difference in altitude between points corresponding to two nodes connected by each edge as taught by Inoue for providing an optimal routes with greater accuracy.
With regard to claims 2, Inoue teaches that the vehicle’s ECU2 calculates the running power consumption of the uphill road (Elos 100) and the regenerative power amount of the downhill road (Egin 80), see [0052]+ which meet the scope of “the weights to be assigned to the plurality of edges are determined further based on a distance between the points corresponding to the two nodes connected by each edge”.
With regard to claim 6, Inoue teaches that the path planning device according to claim 1, wherein the machine has a regenerative brake mechanism, and the weights to be assigned to the plurality of edges are determined further based on an amount of energy recovered by the regenerative brake mechanism (the vehicle’s ECU2 calculates the running power consumption of the uphill road (Elos 100) and the regenerative power amount of the downhill road (Egin 80), see [0052]+).
With regard to claim 7, Inoue teaches that the path planning device according to claim 1, wherein the instructions further cause the processor circuit to acquire a work plan indicating a point where the object is loaded and unloaded, and select the start point and the end point based on the work plan (The transport weight information pertaining to the loading capacity and the unloading capacity, see [0049]+).
With regard to claim 8, Inoue teaches that the path planning device according to claim 7, wherein each time the weight of the object transported by the machine changes, the weights of the plurality of edges are determined based on the changed weight (the ECU2 estimates the change information of the load capacity that fluctuates during transportation based on the transportation weight information, see [0050]-[0051]+).
With regard to claim 9, Sorin teaches that the path planning device according to claim 1, wherein the instructions further cause the processor circuit to generate an image visually indicating the weights assigned to the plurality of edges (Fig.4B is a motion planning graph 400 for the vehicle 102, wherein the planning graph is equivalent of “visual image”, see [0012]+).
With regard to claim 10-12, Sorin teaches that the path planning device according to claim 1, wherein the machine is an autonomously vehicle which moves according to the determined path, and the vehicle’s system is a non-transitory computer readable storage medium (an autonomous vehicle 102 comprises one or more nontransitory machines-readable storage media, see [0095]+).
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue (WO2018021027) in view of Sorin (20190217857) as applied to claim 1 above, and further in view of Neaf (WO2018130574).
With regard to claim 3, Inoue and Sorin disclose the claimed subject matter but fail to teaches that the weights to be assigned to the plurality of edges are determined further based on an upper limit speed of the machine during movement on the road corresponding to each edge.
Neaf discloses a system for predicting driving conditions for a vehicle (see the abstract). The system determines the speed limit of the machine during movement on the road (speed profile along the route and the road condition, speed limits, and etc. are used to determined the route to be traveled by a vehicle, see [0002]-[0003]+).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Sorin by including the weights to be assigned to the plurality of edges are determined based on at least a weight of the object transported by the machine during movement on the road corresponding to each edge, and a difference in altitude between points corresponding to two nodes connected by each edge as taught by Inoue, and further including to determine the speed limit of the machine during movement on the road as taught by Neaf. The combination of Sorin, Inoue and Neaf is an adapted system for improving the vehicle’s navigation performance.
With regard to claim 4, Inoue teaches that the path planning device according to claim 3, wherein the upper limit speed of the machine is determined to satisfy a condition related to a braking distance of the machine and the weight of the object transported by the machine (the ECU2 calculates the amount of regenerative power of the motor and the running power consumption of the electric truck based on the loading weight for each driving section of each transportation route, see [0051], wherein the “amount of regenerative power” relates to the “braking distance of the machine”).
Prior Arts Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Beaurepaire (20220065633) discloses a syste for computing a recommended a tour sequence based on multiple points of interest (see the abstract).
Conclusion
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NGA X. NGUYEN
Examiner
Art Unit 3662
/NGA X NGUYEN/Primary Examiner, Art Unit 3662