DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This action is responsive to the following communication: Original claims filed 07/23/24. This action is made non-final.
3. Claims 1-20 are pending in the case. Claims 1 and 12 are independent claims.
Double Patenting
4. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
5. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. 12086738. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are substantially similar to each other and would have considered obvious to one of ordinary skill.
18780797
1. A method of managing a transportation service including a fleet of autonomous vehicles, the method comprising: receiving, by one or more processors of one or more server computing devices, a number of available resources; inputting, by the one or more processors, the number of available resources into a trained model in order to determine a maximum number of concurrent trips; and using, by the one or more processors, the maximum number of concurrent trips to schedule trips for autonomous vehicles of the fleet of autonomous vehicles in real time, wherein concurrent trips are trips that overlap in time.
12086738
1. A method of generating a model to assess maximum numbers of concurrent trips for an autonomous vehicle transportation service, the method comprising: receiving, by one or more processors of one or more server computing devices, historical trip data including when requests for assistance were made, response times for those requests for assistance, and a number of available resources when each of the requests for assistance were made; receiving, by the one or more processors, a number of concurrent trips occurring when each of the requests for assistance were made, wherein concurrent trips are trips that overlap in time; and training, by the one or more processors, the model using the historical trip data and the numbers of concurrent trips, and wherein the model is configured to provide a maximum number of concurrent trips given a period of time, a number of available resources, and a response time requirement.
2. The method of claim 1, wherein when the maximum number of concurrent trips is reached, the scheduling of the trips includes scheduling certain trips to start earlier or later to avoid additional concurrency.
2. The method of claim 1, wherein the number of available resources when each of the requests for assistance was made is a number of roadside assistance operators to respond to requests for assistance from vehicles of the service.
3. The method of claim 1, wherein the scheduling of the certain trips includes providing a prompt for a passenger to adjust a start time of a trip to allow the trip to be taken when a number of concurrent trips is lower.
3. The method of claim 1, wherein the number of available resources when each of the requests for assistance was made is a number of remote assistance operators to respond to requests for assistance from vehicles of the service.
4. The method of claim 1, further comprising: receiving a response time requirement; and inputting the response time requirement into the trained model further in order to determine the maximum number of concurrent trips.
4. The method of claim 1, wherein the number of available resources when each of the requests for assistance was made is a number of passenger support agents to respond to passenger requests for assistance.
5. The method of claim 1, wherein when a number of concurrent trips is close to the maximum number of concurrent trips, the scheduling of trips includes scheduling more carpool trips.
5. The method of claim 1, further comprising determining response rates based on the response times, and wherein the training further involves using the response rates to train the model.
6. The method of claim 1, further comprising using the maximum number of concurrent trips to determine whether additional resources are required.
6. The method of claim 1, further comprising, inputting a desired response rate, a number of available resources, and a given period of time into the model in order to determine a maximum number of concurrent trips for the given period of t
7. The method of claim 1, further comprising using the maximum number of concurrent trips to determine an adjustment in one or more different types of resources.
7. The method of claim 6, further comprising, using the maximum number of concurrent trips to determine a number of resources required for the given period of time.
8. The method of claim 7, wherein the one or more different types of resources include at least one of remote assistance operators, passenger support agents, roadside assistance operators, or technical specialists.
8. The method of claim 7, further comprising, using the number of resources to adjust resource staffing.
9. The method of claim 1, further comprising: based on the scheduling of the trips, determining a maximum number of concurrently moving vehicles; and determining an updated number of resources based on the maximum number of concurrently moving vehicles.
9. The method of claim 8, wherein the resource staffing includes a number of roadside assistance operators to respond to requests for assistance from vehicles of the service.
10. The method of claim 1, further comprising using the maximum number of concurrent trips to determine a number of roadside assistance vehicles needed.
10. The method of claim 8, wherein the resource staffing includes a number of passenger support agents to respond to passenger requests for assistance.
11. The method of claim 1, further comprising, after the scheduling of the trips, using the model to determine an updated maximum number of concurrent trips.
11. The method of claim 10, further comprising, estimating a total amount of time that passenger support agents will be needed during the given period of time, and wherein using the number of resources to adjust resource staffing is further based on the estimated total amount of time.
12. A system for managing a transportation service including a fleet of autonomous vehicles, the system comprising one or more server computing devices having one or more processors configured to: receive a number of available resources; input the number of available resources into a trained model in order to determine a maximum number of concurrent trips; and use the maximum number of concurrent trips to schedule trips for autonomous vehicles of the fleet of autonomous vehicles in real time, wherein concurrent trips are trips that overlap in time.
12. The method of claim 8, wherein the resource staffing includes a number of remote assistance operators to respond to requests for assistance from vehicles of the service.
13. The system of claim 12, wherein the one or more processors are further configured to schedule the certain trips by providing a prompt for a passenger to adjust a start time of a trip to allow the trip to be taken when a number of concurrent trips is lower.
13. The method of claim 12, further comprising, estimating a maximum number of moving vehicles of the service during the given period of time, and wherein using the number of resources to adjust resource staffing is further based on the estimated maximum number of moving vehicles of the service.
14. The system of claim 12, wherein the one or more processors are further configured to: receive a response time requirement; and input the response time requirement into the trained model further in order to determine the maximum number of concurrent trips.
14. The method of claim 1, further comprising, receiving map information for a service area of the service and wherein the training is further based on the map information.
15. The system of claim 12, wherein the one or more processors are further configured to use the maximum number of concurrent trips to determine whether additional resources are required.
15. The method of claim 1, further comprising, receiving a number of trips planned when the requests for assistance were made and wherein the training is further based on the number of trips planned.
16. The method of claim 12, wherein the one or more processors are further configured to use the maximum number of concurrent trips to determine an adjustment in one or more different types of resources.
16. The method of claim 15, further comprising, receiving an average duration for the trips planned when the requests for assistance were made and wherein the training is further based on the average durations for the trips planned.
17. The system of claim 16, wherein the one or more different types of resources include at least one of remote assistance operators, passenger support agents, roadside assistance operators, or technical specialists.
17. The method of claim 15, further comprising, receiving starting and ending points for the trips planned when the requests for assistance were made and wherein the training is further based on the starting and ending points.
18. The system of claim 12, wherein the one or more processors are further configured to: based on the scheduling of the trips, determine a maximum number of concurrently moving vehicles; and determine an updated number of resources based on the maximum number of concurrently moving vehicles.
18. The method of claim 1, further comprising, using the maximum number of concurrent trips to make trip scheduling decisions.
19. The system of claim 12, wherein the one or more processors are further configured to use the maximum number of concurrent trips to determine a number of roadside assistance vehicles needed.
19. The method of claim 18, wherein using the maximum number of concurrent trips to make trip scheduling decisions includes delaying a start of a trip.
20. The system of claim 12, wherein the one or more processors are further configured to, after the scheduling of the trips, use the model to determine an updated maximum number of concurrent trips.
20. The method of claim 18, wherein using the maximum number of concurrent trips to make trip scheduling decisions includes requesting a passenger join a car pool.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E CHOI whose telephone number is (571)270-3780. The examiner can normally be reached on M-F: 7-2, 7-10 (PST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dennis Chow can be reached on (571) 272-7767. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID E CHOI/Primary Examiner, Art Unit 2148
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