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 .
The preliminary amendment filed on 10/11/2024 has been entered and fully considered.
Claim 1 has been amended.
Claims 2-20 have been newly added.
Claims 1-20 are pending in Instant Application.
Priority
Examiner acknowledges Applicant’s claim to priority benefits of U.S. Patent Application No. 17/223,275, filed on April 6, 2021, which is a continuation of U.S. Patent Application No. 17/060,798, filed on October 1, 2020, which is a continuation of U.S. Application No. 16/457,174, filed on June 28, 2019, which is a continuation of U.S. Application No. 16/132,012, filed on September 14, 2018, which is a continuation of U.S. Application No. 14/931,485, filed on November 3, 2015, which is a continuation of U.S. Patent Application No. 13/319,733, filed on December 20, 2011, which is a national-stage application under 35 U.S.C. 371 of PCT/KR2010/002232, filed on April 12, 2010, which claims the benefit of priority from Korean Patent Application No. 10-2009-0041119 filed on May 12, 2009.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 09/05/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
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 an abstract idea without significantly more. The analysis of the claims’ subject matter eligibility will follow the 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50-57 (January 7, 2019) (“2019 PEG”).
With respect to claims 1, 10, and 19.
Claims 1, 10, and 19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claims 1, 10, and 19 are directed to one of the statutory categories.
Step 2A Prong One Analysis: the claim recites, inter alia:
“determine one or more paths from a starting point to the destination point of the vehicle": A person of ordinary skill in the art can mentally determine paths from beginning to end. Thus, this limitation is construed to be directed to the abstract idea of mental processes.
as drafted, is a process that, under its broadest reasonable interpretation, covers mental processes concepts performed in the human mind (including an observation, evaluation, judgment, opinion) but for the recitation of generic computer components. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: This judicial exception is not integrated into a practical application. The only limitations not treated above, “presenting a user interface to receive at least a destination point of a vehicle from a user”, “receiving the destination point of the vehicle from the user via the user interface responsive to presenting the user interface”, “sending the destination point to a computing device via a network” and “send the one or more determined paths to the first electronic device or a second electronic device, the second electronic device separate from the first electronic device and associated with the vehicle”, involves the mere gathering of data, which is insignificant extra-solution activity. See MPEP § 2106.05(g). In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of the “electronic devices” and “computing device” is recited at a high level of generality, and comprises only a processor to simply perform the generic computer functions Generic computers performing generic computer functions, alone, do not amount to significantly more than the abstract idea. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B Analysis: 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 element of using generic computer components to perform the abstract idea 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. The claim is not patent eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5, 8, 10, 12, 14-16, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurtti et al. (USPGPub 2010/0145601). As per claim 1, Kurtti discloses a method, comprising: presenting, by a first electronic device, a user interface to receive at least a destination point of a vehicle from a user (see at least paragraph 0048; wherein the user may be presented with the user interface depicted in FIG. 6C. As shown in FIG. 6C, the user may be presented a variety of input mechanisms (e.g., fields) for creating a new user-defined path. For example, the user may be presented with a destination input mechanism 650 to save the new user-defined path); receiving the destination point of the vehicle from the user via the user interface responsive to presenting the user interface (see at least paragraph 0048; wherein destination input mechanism 650 may enable the user to input a destination point (e.g. "Point E") associated with the new user-defined path); and sending the destination point to a computing device via a network (see at least paragraph 0039; wherein the user (e.g., via mobile user device 110 and the GPS navigation application) may create user-defined path points 510, and may provide user-defined path points 510 to server 130. User-defined path points 510 may include a user-defined destination point) to cause the computing device to: determine one or more paths from a starting point to the destination point of the vehicle (see at least paragraph 0040; wherein server 130 may receive user-defined path points 510 (e.g., the user-defined starting, destination, and intermediate points), and may create a user-defined path 520 based on the user-defined starting point, destination point, and intermediate point(s)), and send the one or more determined paths to the first electronic device or a second electronic device, the second electronic device separate from the first electronic device and associated with the vehicle (see at least paragraph 0041; wherein server 130 may provide user-defined path 520 and/or information 530 to mobile user device 110 prior to the user beginning to traverse user-defined path 520 (e.g., with mobile user device 110)). As per claim 2, Kurtti discloses further comprising: receiving, by the first electronic device, the one or more determined paths from the computing device (see at least paragraph 0041; wherein server 130 may provide user-defined path 520 and/or information 530 to mobile user device 110 prior to the user beginning to traverse user-defined path 520 (e.g., with mobile user device 110)); and presenting, by the first electronic device, a map indicating the one or more determined paths from the starting point to the destination point, responsive to receiving the one or more determined paths from the computing device (see at least paragraph 0040; wherein information 530 associated with user-defined path 520. Information 530 may include directional information (e.g., maps)). As per claim 3, Kurtti discloses further comprising: receiving, by the first electronic device, a change to the one or more determined paths from the user, responsive to presenting the map (see at least paragraph 0041; wherein the user (e.g., via mobile user device 110) may review, edit, refine, update, etc. user-defined path 520 prior to traversing user-defined path 520); and presenting, by the first electronic device, an updated version of the map indicating one or more changed paths from the starting point to the destination point according to the change (see at least paragraph 0040; wherein information 530 associated with user-defined path 520. Information 530 may include directional information (e.g., maps)). As per claim 5, Kurtti discloses wherein the change indicates including, in the one or more changed paths, one or more segments through which the vehicle is to pass through to reach the destination point, the one or more segments not included in the one or more determined paths (see at least paragraph 0041; wherein the user (e.g., via mobile user device 110) may review, edit, refine, update, etc. user-defined path 520 prior to traversing user-defined path 520…see at least paragraph 0042; wherein user-defined path points 550 may include a user-defined starting point (e.g., Philadelphia, Pa.), a user-defined destination point (e.g., Washington, D.C.), and one or more user-defined intermediate points (or waypoints) (e.g., Wilmington, Del.) provided between the user-defined starting and destination points). As per claim 8, Kurtti discloses further comprising: presenting, by the first electronic device, the one or more determined paths; responsive to presenting the one or more determined paths, receiving selection of one of the one or more determined paths for navigating from the starting point to the destination point; and sending the selection to the computing device, responsive to receiving the selection, to cause the selected one of the one or more paths to be sent to the first electronic device or the second electronic device (see at least paragraph 0047; wherein the user may be presented with one or more user-defined paths 630 (e.g., "User-defined path #1," "User-defined path #2," and "User-defined path #3") for selection. In one exemplary implementation, if the user selects one of user-defined paths 630, server 130 may provide the selected one of user-defined paths 630 (and associated information) to mobile user device 110). As per claim 10, Kurtti discloses a method, comprising: receiving, by a computing device, a starting point of a vehicle and a destination point of the vehicle from a first electronic device located remotely from the computing device via a network (see at least paragraph 0015; wherein the user, via the mobile user device, may customize the calculated path by inputting intermediate points (e.g., locations to travel past that may be between a starting point and a destination point) and/or additional path information (e.g., utilize certain streets, highways, etc. between the starting and destination points)); determining one or more paths from the starting point to the destination point, responsive to receiving the starting point and the destination point (see at least paragraph 0040; wherein server 130 may receive user-defined path points 510 (e.g., the user-defined starting, destination, and intermediate points), and may create a user-defined path 520 based on the user-defined starting point, destination point, and intermediate point(s)); and sending the determined one or more paths from the computing device to the first electronic device or a second electronic device separate from the first electronic device and associated with the vehicle to cause the first electronic device or the second electronic device to present the one or more paths (see at least paragraph 0041; wherein server 130 may provide user-defined path 520 and/or information 530 to mobile user device 110 prior to the user beginning to traverse user-defined path 520 (e.g., with mobile user device 110)). As per claim 12, Kurtti discloses further comprising: receiving selection of one of the paths from the first electronic device or the second electronic device, responsive to sending the one or more determined paths to the first electronic device of the second electronic device; and sending the selected one of the paths to the first electronic device or the second electronic device, responsive to receiving the selection (see at least paragraph 0047; wherein the user may be presented with one or more user-defined paths 630 (e.g., "User-defined path #1," "User-defined path #2," and "User-defined path #3") for selection. In one exemplary implementation, if the user selects one of user-defined paths 630, server 130 may provide the selected one of user-defined paths 630 (and associated information) to mobile user device 110). As per claim 14, Kurtti discloses further comprising: receiving actual movements of the vehicle; and providing the actual movements of the vehicle to the first electronic device or the second electronic device for displaying the actual movements of the vehicle on the first electronic device or the second electronic device (see at least paragraph 0020; wherein server 130 may create a user-defined path based on the user-defined start point, the user-defined destination point, and the user-defined intermediate point(s), and may store (e.g., in a database associated with server 130) the user-defined path. Server 130 may receive information associated with the user-defined path (e.g., mileage, directional information, traffic information, etc.), and may provide the information associated with the user-defined path to mobile user device 110 (e.g., when mobile user device 110 is traversing the user-defined path)). As per claim 15, Kurtti discloses further comprising: storing an actual moving path corresponding to the actual movements in the computing device; and responsive to receiving a subsequent request for a path to the destination point, determining the path by using at least the actual moving path stored in the computing device (see at least paragraph 0053; wherein path database 710 may store information 530 associated with user-defined path 520…see at least paragraph 0040; wherein Information 530 may include mileage information (e.g., mileage associated with each route (e.g., road, highway, etc.) traversed on user-defined path 520), directional information (e.g., maps, road names, highway names, exit information, turn information, etc.), traffic information (e.g., traffic conditions associated with routes traversed on user-defined path 520), construction information (e.g., road construction, detour information, road closings, etc.), etc).
As per claim 16, Kurtti discloses further comprising: receiving, from the first electronic device, a change to the one or more paths, responsive to presenting a map from the starting point to the destination point by the first electronic device (see at least paragraph 0041; wherein the user (e.g., via mobile user device 110) may review, edit, refine, update, etc. user-defined path 520 prior to traversing user-defined path 520); and updating the one or more paths from the starting point to the destination point to updated one or more paths according to the received change (see at least paragraph 0040; wherein information 530 associated with user-defined path 520. Information 530 may include directional information (e.g., maps)). As per claim 18, Kurtti discloses wherein the change indicates inclusion of one or more segments through which the vehicle is to pass to reach the destination point, the one or more segments not included in the one or more determined paths (see at least paragraph 0041; wherein the user (e.g., via mobile user device 110) may review, edit, refine, update, etc. user-defined path 520 prior to traversing user-defined path 520). As per claim 19, Kurtti discloses a method comprising: displaying a first user interface to receive at least a destination point of a vehicle from a user (see at least paragraph 0048; wherein the user may be presented with the user interface depicted in FIG. 6C. As shown in FIG. 6C, the user may be presented a variety of input mechanisms (e.g., fields) for creating a new user-defined path. For example, the user may be presented with a destination input mechanism 650 to save the new user-defined path); receiving the destination point of the vehicle from the user via the user interface responsive to presenting the first user interface (see at least paragraph 0048; wherein destination input mechanism 650 may enable the user to input a destination point (e.g. "Point E") associated with the new user-defined path); sending the destination point to a computing device via a network (see at least paragraph 0039; wherein the user (e.g., via mobile user device 110 and the GPS navigation application) may create user-defined path points 510, and may provide user-defined path points 510 to server 130. User-defined path points 510 may include a user-defined destination point) to cause the computing device to determine one or more paths from a starting point of the vehicle to the destination point (see at least paragraph 0040; wherein server 130 may receive user-defined path points 510 (e.g., the user-defined starting, destination, and intermediate points), and may create a user-defined path 520 based on the user-defined starting point, destination point, and intermediate point(s)); receiving the one or more determined paths from the computing device, responsive to sending the destination point (see at least paragraph 0041; wherein server 130 may provide user-defined path 520 and/or information 530 to mobile user device 110 prior to the user beginning to traverse user-defined path 520 (e.g., with mobile user device 110)); and displaying a second user interface including the starting point, the destination point, and the one or more paths on a map (see at least paragraph 0040; wherein information 530 associated with user-defined path 520. Information 530 may include directional information (e.g., maps)). As per claim 20, Kurtti discloses further comprising: receiving selection of one of the one or more determined paths responsive to displaying the second user interface; and sending the selection to the computing device to initiate guidance to the destination according to the selection (see at least paragraph 0047; wherein the user may be presented with one or more user-defined paths 630 (e.g., "User-defined path #1," "User-defined path #2," and "User-defined path #3") for selection. In one exemplary implementation, if the user selects one of user-defined paths 630, server 130 may provide the selected one of user-defined paths 630 (and associated information) to mobile user device 110).
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(a) 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 4, 7, 11, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kurtti et al. (USPGPub 2010/0145601) in view of Nagamune (USPGPub 2003/0028314). As per claim 4, Kurtti does not explicitly mention further comprising: responsive to receiving the change by the first electronic device, sending the change to the computing device via the network to cause the computing device to determine the one or more changed paths according to the change; and receiving, by the first electronic device, the one or more changed paths from the computing device via the network for generating the updated version of the map.
However Nagamune does disclose: further comprising: responsive to receiving the change by the first electronic device, sending the change to the computing device via the network to cause the computing device to determine the one or more changed paths according to the change (see at least Figure 6; item 281); and receiving, by the first electronic device, the one or more changed paths from the computing device via the network for generating the updated version of the map (see at least paragraph 0075 and Figure 6; wherein in step S282, the server SV sends the edited route guidance information to the corresponding ones of the terminal units via the Internet IN. That is, the server SV sends no other information than the enlarged map covering intersections, intersection names, and overhead highway/street sign information to the high-function terminal, and no other information than the turn-by-turn information to the turn-by-turn navigation terminal unit). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Nagamune with the teachings as in Kurtti. The motivation for doing so would have been to reduce communication cost and time, see Nagamune paragraph 0008. As per claim 7, Kurtti does not explicitly mention further comprising: sending, to the computing device, first identification of the user or the first electronic device to cause the computing device to: associate the one or more determined paths with the identification, and send the one or more determined paths to the first electronic device or the second electronic device, responsive to the first electronic device or the second electronic device providing second identification matching the first identification to the computing device. However Nagamune does disclose: further comprising: sending, to the computing device, first identification of the user or the first electronic device to cause the computing device to: associate the one or more determined paths with the identification, and send the one or more determined paths to the first electronic device or the second electronic device, responsive to the first electronic device or the second electronic device providing second identification matching the first identification to the computing device (see at least paragraph 0078; wherein terminal unit requesting guidance data can be identified based on the request sent by that terminal unit and by referring to information recorded in the external storage subsystem 4. For example, the storage subsystem 4 stores different types of route guidance information to be sent to different types of terminal units by associating the terminal units with identification information that uniquely identifies them, and what the terminal units should do is to send their identification information to the server SV. The server SV then sends only the type of route guidance information associated with the received identification information, to each terminal unit). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Nagamune with the teachings as in Kurtti. The motivation for doing so would have been to reduce communication cost and time, see Nagamune paragraph 0008.
As per claim 11, Kurtti does not explicitly mention further comprising: receiving first identification of the first electronic device or a user of the first electronic device; associating the one or more determined paths with the first identification; receiving second identification from the first electronic device or the second electronic device; determining whether the second identification matches the first identification; and sending the one or more determined paths to the first electronic device or the second electronic device, responsive to determining that the second identification matches the first identification. However Nagamune does disclose: further comprising: receiving first identification of the first electronic device or a user of the first electronic device; associating the one or more determined paths with the first identification; receiving second identification from the first electronic device or the second electronic device; determining whether the second identification matches the first identification; and sending the one or more determined paths to the first electronic device or the second electronic device, responsive to determining that the second identification matches the first identification (see at least paragraph 0078; wherein terminal unit requesting guidance data can be identified based on the request sent by that terminal unit and by referring to information recorded in the external storage subsystem 4. For example, the storage subsystem 4 stores different types of route guidance information to be sent to different types of terminal units by associating the terminal units with identification information that uniquely identifies them, and what the terminal units should do is to send their identification information to the server SV. The server SV then sends only the type of route guidance information associated with the received identification information, to each terminal unit). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Nagamune with the teachings as in Kurtti. The motivation for doing so would have been to reduce communication cost and time, see Nagamune paragraph 0008.
As per claim 17, Kurtti does not explicitly mention further comprising: sending the updated one or more paths to the first electronic device or the second electronic device. However Nagamune does disclose: further comprising: sending the updated one or more paths to the first electronic device or the second electronic device (see at least paragraph 0075 and Figure 6; wherein in step S282, the server SV sends the edited route guidance information to the corresponding ones of the terminal units via the Internet IN. That is, the server SV sends no other information than the enlarged map covering intersections, intersection names, and overhead highway/street sign information to the high-function terminal, and no other information than the turn-by-turn information to the turn-by-turn navigation terminal unit). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Nagamune with the teachings as in Kurtti. The motivation for doing so would have been to reduce communication cost and time, see Nagamune paragraph 0008.
Claims 6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kurtti et al. (USPGPub 2010/0145601) in view of Arai et al. (USPGPub 2007/0032949). As per claim 6, Kurtti does not explicitly mention wherein the second electronic device is installed in the vehicle. However Arai does disclose: wherein the second electronic device is installed in the vehicle (see at least paragraph 0052; wherein two navigation devices 60A and 60B (vehicles 80A and 80B)). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Arai with the teachings as in Kurtti. The motivation for doing so would have been to improve utilization, see Arai paragraph 0212. As per claim 13, Kurtti does not explicitly mention wherein the first electronic device is a portable device and the second electronic device is installed in the vehicle. However Arai does disclose: wherein the first electronic device is a portable device and the second electronic device is installed in the vehicle (see at least paragraph 0037; wherein a registration terminal 50 and a navigation device 60A). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Arai with the teachings as in Kurtti. The motivation for doing so would have been to improve utilization, see Arai paragraph 0212.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kurtti et al. (USPGPub 2010/0145601) in view of Bos (USPGPub 2011/0125398). As per claim 9, Kurtti does not explicitly mention further comprising: providing simulation of driving of the vehicle from the starting point to the destination point by the first electronic device according to the one or more determined paths. However Bos does disclose: further comprising: providing simulation of driving of the vehicle from the starting point to the destination point by the first electronic device according to the one or more determined paths (see at least paragraph 0012; wherein the facility also provides for pseudo three-dimensional rendering of a calculated route, and route preview functionality which simulates a user travelling along the route and thereby provides the user with a preview of the calculated route). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Bos with the teachings as in Kurtti. The motivation for doing so would have been to improve accuracy, see Bos paragraph 0055.
Relevant Art
The prior art made of record and not relied upon are considered pertinent to applicant’s disclosure: USPGPub 2024/0328805 – Provides a navigation information sharing method provides a first electronic device that displays a first interface of first navigation information and sends a first message following detecting a first input to the first interface. A second electronic device displays first prompt information following receipt of the first message, where the first prompt information is associated with acceptance of the first navigation information. The second electronic device executes a navigation task related to the first navigation information following detection of a second input pertaining to acceptance of the first navigation information. USPGPub 2024/0175696 – Provide computer-implemented methods, systems, and devices for detecting a vehicle type in order to adapt directions and navigation instructions mitigating noise in a signal. A computing device initiates, in response to user input, a navigation application. The computing device further detects one or more vehicle type identification signals associated with a vehicle. The computing device further automatically determines, using the one or more signals, a vehicle type associated with the vehicle. The computing device further receives from the navigation application, navigation information, wherein the navigation information is customized based on the determined vehicle type.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHMOUD S ISMAIL whose telephone number is (571)272-1326. The examiner can normally be reached M - F: 8:00AM- 4:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jelani Smith can be reached at 571-270-3969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MAHMOUD S ISMAIL/Primary Examiner, Art Unit 3662