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 Office Action is in response to the communication filed on 12/30/2025.
Claims 1-19 have been amended.
New claim 20 has been added.
5. Claims 1-20 are currently pending and are considered below.
Claim Rejections - 35 USC § 101
6. 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.
7. Claims 1-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more. Representative claim 1, recites a method for vehicle maintenance, which is a statutory class, executed by a user terminal, a processor and a memory: the method, comprising:
receiving, by a hailing device, from a user terminal, a hailing service request including a pick-up position and a drop-off position;
identifying, by the hailing device, one or more candidate vehicles to request a user of the user terminal to perform a maintenance task based on one or both of the pick-up position or the drop-off position; wherein each candidate vehicle, among the one or more candidate vehicles, corresponds to either a first candidate vehicle for which the user is requested to perform the maintenance task at the pick-up position or a second candidate vehicle and perform the maintenance task;
transmitting, by the hailing device, to the user terminal, information on each candidate vehicle and information on the maintenance task required for each candidate vehicle;
receiving, by the hailing device, from the user terminal, a list of one or more target vehicles selected from among the candidate vehicles;
transmitting, by the hailing device, to the target vehicles, a notification message for informing that the maintenance task is scheduled to be performed;
picking up, by one of the target vehicles, the user at the pick-up position; and
traveling, by the one of the target vehicles, to the drop-off position via a position of one or more other target vehicles.
The steps of
receiving, by a hailing device, from a user terminal, a hailing service request including a pick-up position and a drop-off position;
identifying, by the hailing device, one or more candidate vehicles to request a user of the user terminal to perform a maintenance task based on one or both of the pick-up position or the drop-off position; wherein each candidate vehicle, among the one or more candidate vehicles, corresponds to either a first candidate vehicle for which the user is requested to perform the maintenance task at the pick-up position or a second candidate vehicle and perform the maintenance task;
transmitting, by the hailing device, to the user terminal, information on each candidate vehicle and information on the maintenance task required for each candidate vehicle;
receiving, by the hailing device, from the user terminal, a list of one or more target vehicles selected from among the candidate vehicles;
transmitting, by the hailing device, to the target vehicles, a notification message for informing that the maintenance task is scheduled to be performed;
picking up, by one of the target vehicles, the user at the pick-up position; and
traveling, by the one of the target vehicles, to the drop-off position via a position of one or more other target vehicles,
as drafted, is a process that, under its broadest reasonable interpretation, covers a method of organizing human activity. Given the broadest reasonable interpretation, the claim recites a method for vehicle maintenance. The above identified method steps recite commercial interactions such as sales activities and/or tailored personalized marketing relating to transmitting a notification message that the maintenance task is scheduled to be performed.
If a claim limitation, under its broadest reasonable interpretation, covers commercial interaction such as tailored personalized marketing, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a user terminal, a processor and a memory. The user terminal is recited at a high-level of generality (i.e., as a generic processor performing a generic computer functions of receiving, a hailing service request; identifying one or more candidate vehicles; transmitting, information on each candidate vehicle and information on the maintenance task required for each candidate vehicle; receiving, a list of one or more target vehicles selected from among the candidate vehicles; and transmitting, a notification message) such that they amount to no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
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 user terminal, a processor and a memory amount to no more than mere instructions to apply the exception using generic computer components. The additional elements are similar to the additional elements found by courts to be mere instructions to apply an exception because they do no more than merely invoke computers or machinery to perform an existing process such as: a common business method or mathematical algorithm being applied on a general purpose computer (Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573 US 208, 223; Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334); providing a user with tailored information like advertisements based on information known about the user such as a location, address, or personal characteristics and a time of day is a fundamental practice long prevalent in our system); In re Morsa, 809 F. App’x 913, 917 (Fed. Cir. 2020). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Thus, considered as an ordered combination, the additional elements add nothing that is not already present when the steps are considered separately. That is, a user terminal, a processor and a memory, performing commercial interactions including: receiving, a hailing service request; identifying one or more candidate vehicles; transmitting, information on each candidate vehicle and information on the maintenance task required for each candidate vehicle; receiving, a list of one or more target vehicles selected from among the candidate vehicles; and transmitting, a notification message, amount to mere instructions to apply the steps to a computer comprising of a processor.
Thus, claims 1, 19 and 20 are not eligible.
As for dependent claims 2-18, these claims recite limitations that further define the same abstract idea noted in claim 1. Therefore, they are considered patent ineligible for the reasons given above. The additional limitations of the dependent claims, when considered individually and as an ordered combination, do not amount to significantly more than the abstract idea itself.
Claims 1-20 are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Response to Arguments
8. Applicant's arguments filed on 12/30/2025 with respect to the rejection of claims 1-20 under 35 U.S.C. 101 have been fully considered but they are not persuasive.
9. Applicant argued that “…A. Prong One of Step 2A: At Least One Limitation each of the Independent Claims 1, 19, and 20 Does Not Recite Judicial Exception and Should be Considered as an Additional Limitation…” Remarks page 9
10. Examiner notes that for abstract idea directed to "Certain Methods of organizing
Human Activity" and specifically abstract idea that fall within the subgrouping of
commercial and legal activities namely advertising, marketing and sales activities, the
courts have determined that steps directed to gathering data, analyzing data,
determining results generating tailored content, and transmitting the tailored content are
all part of the abstract idea itself. In the instant case, the argued limitation are all
directed to receiving data, identifying data and transmitting the results in the process of performing advertising, marketing of sales activities. As such, the argued limitations are clearly part of the identified abstract idea and fall squarely within the "Certain Method of Organizing Human Activity." Thus, the rejection has been maintained."
11. Applicant argued that “…B. Prong Two of Step 2A: Independent Claims 1, 19, and 20 Integrate the Judicial Exception into a Practical Application. Remarks page 10
12. Examiner notes that aside from “a user terminal, a processor and a memory” which are “additional elements”, the remainder of the claims have been identified as part of the abstract idea itself coupled to a data storage device executing software). In order to overcome a 35 USC 101 rejection under Step 2a, Prong 2 the purported improvement must be rooted in the "additional elements'. Additional elements are defined as those elements outside of the identified abstract idea itself. Thus, the "additional elements" as a whole are just a processing device coupled to a data storage device executing software upon which an abstract idea is merely being applied which is insufficient to transform the abstract idea into a practical application. Any purported improvement obtained by practicing the claimed invention is an improvement to the abstract idea which is an improvement in ineligible subject matter. Thus, the rejection has been maintained.
13. Applicant argued that “…C. Step 2B: Independent claims 1, 19, and 20 Provide an Inventive Concept. In claims 1, 19, and 20, the above additional elements amount to significantly more than the judicial exception itself. As discussed above, the above limitations of claims 1, 19, and 20 show a technical improvement in existing technology…” Remarks page 12
14. Examiner notes that in order to overcome a 35 USC 101 rejection under Step 2b
it is the "additional elements" that must be considered "significantly more". Additional
elements are defined as those elements outside of the identified abstract idea itself. In
the instant case, the only "additional elements" found in the claim are a user terminal, a processor and a memory, which is merely a general-purpose computer upon which the abstract idea is being applied. Thus, the additional elements cannot be considered significantly more than the abstract idea. The purported improvement of the technology of "technical improvement in the functioning of the hailing service vehicle operation technology” in the manner claimed is part of the abstract idea itself and, as such, cannot be considered "significantly more" than the abstract idea under Step 2b. Thus, the rejection has been maintained.
Conclusion
15. 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.
16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARILYN G MACASIANO whose telephone number is (571)270-5205. The examiner can normally be reached Monday-Friday 12:00-9:00 pm.
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/MARILYN G MACASIANO/Primary Examiner, Art Unit 3622 03/20/2026