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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Status
This action is in response to applicant’s response and claim amendment filed 5/29/2026. Claims 1-15 are pending and considered below.
Response to Arguments
Claims 1-15 were rejected under 35 U.S.C. 101 because the claimed invention was directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without integrating the judicial exception into a practical application and without an additional element which amounts to significantly more than the judicial exception. Examiner suggested amending the independent claims to positively recite a vehicle control function in order to provide a revised step 2A, prong two, additional element that integrates the abstract idea into a practical application.
Applicant has amended independent claim 1 to include the limitation “provide the transformed coordinates to represent the second position of the mining vehicle for performing mining automation control based on the second worksite model to control and/or monitor autonomous driving of the mining vehicle”. Independent claim 10 has been amended in a similar manner. These amended limitations do NOT positively recite a vehicle control function. The amended limitations merely list the intended function of providing the transformed coordinates. Further, “control and/or monitor” does not require “control”. Amended claims 1-15 remain rejected under 35 U.S.C. 101 for the reasons given below.
Claims 1-3, 5, 7-12 and 14-15 were rejected under 35 U.S.C. 103 as being unpatentable over Sakai et al. (US-2017/0220042-A1) in view of Magnusson et al. (Scan Registration for Autonomous Mining Vehicles Using 3D-NDT, Journal of Field Robotics, 24(10), 2007, pp. 803-827). Applicant argued that Sakai in view of Magnusson does not disclose selecting a transformation matrix associated with a worksite model based on a position of a mining vehicle. Examiner agrees. Therefore, the rejection of claims 1-3, 5, 7-12 and 14-15 under 35 U.S.C. 103 is withdrawn.
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 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without integrating the judicial exception into a practical application and without an additional element which amounts to significantly more than the judicial exception.
Regarding claims 1-9, step 1 analysis, the subject matter of claims 1-9 is included in the four patent-eligible subject matter categories (e.g., process, machine, manufacture or composition of matter). Claims 1-9 are directed to an apparatus (at least one processor and at least one memory).
Claims 1-9 are directed to a judicial exception. The claim limitations recite a revised step 2A, prong one, abstract idea (mathematical concept). Claims 1-9 are directed to an apparatus for selecting a transformation matrix associated with a first worksite model based on a first position of a mining vehicle; and performing, based on the selected transformation matrix, a coordinate transformation from input coordinates indicative of a second position of the mining vehicle in the first worksite model to transformed coordinates of a second worksite model.
Claims 1-9 include the revised step 2A, prong two, additional elements of detecting a first position of a mining vehicle; receiving information on a plurality of transformation matrices; and providing the transformed coordinates to represent the second position of the mining vehicle. Detecting a first position of a mining vehicle; and receiving information on a plurality of transformation matrices is data gathering, which is a form of insignificant extra-solution activity. Providing the transformed coordinates to represent the second position of the mining vehicle is insignificant post-solution activity. Claims 1-9 do not recite revised step 2A, prong two, additional elements that integrate the abstract idea into a practical application. Claims 1-9 generally link the use of the abstract idea to a particular technological environment or field of use (mining vehicles).
Claims 1-9 include the step 2B additional elements of at least one processor and at least one memory. Applicant’s specification does not provide any indication that the processors and memory are anything other than conventional processors and memory within a generic computing device. Receiving input, performing calculations, and producing output are well-understood, routine and conventional functions when claimed using generic processors and memory. Processors and memory are widely prevalent and in common use in mining vehicles. Processors and memory are not significantly more than the judicial exception since they are well-understood, routine and conventional features previously known to the mining vehicle industry. Therefore, claims 1-9 are rejected under 35 U.S.C. 101.
Regarding claims 10-14, step 1 analysis, the subject matter of claims 10-14 is included in the four patent-eligible subject matter categories. Claims 10-14 are directed to a method.
Claims 10-14 are directed to a judicial exception. The claim limitations recite a revised step 2A, prong one, abstract idea (mathematical concept). Claims 10-14 are directed to a method for selecting a transformation matrix associated with a first worksite model based on a first position of a mining vehicle; and performing, based on the selected transformation matrix, a coordinate transformation from input coordinates indicative of a second position of the mining vehicle in the first worksite model to transformed coordinates of a second worksite model.
Claims 10-14 include the revised step 2A, prong two, additional elements of detecting a first position of a mining vehicle; receiving information on a plurality of transformation matrices; and providing the transformed coordinates to represent the second position of the mining vehicle. Detecting a first position of a mining vehicle; and receiving information on a plurality of transformation matrices is data gathering, which is a form of insignificant extra-solution activity. Providing the transformed coordinates to represent the second position of the mining vehicle is insignificant post-solution activity. Claims 10-14 do not recite revised step 2A, prong two, additional elements that integrate the abstract idea into a practical application. Claims 10-14 generally link the use of the abstract idea to a particular technological environment or field of use (mining vehicles).
Claims 10-14 do not include any step 2B additional elements. Therefore, claims 10-14 are rejected under 35 U.S.C. 101.
Regarding claim 15, step 1 analysis, the subject matter of claim 15 is included in the four patent-eligible subject matter categories. Claim 15 is directed to a device (a non-transitory computer-readable medium).
Claim 15 is directed to a judicial exception. The claim limitations recite a revised step 2A, prong one, abstract idea (mathematical concept). Claim 15 is directed to a device for selecting a transformation matrix associated with a first worksite model based on a first position of a mining vehicle; and performing, based on the selected transformation matrix, a coordinate transformation from input coordinates indicative of a second position of the mining vehicle in the first worksite model to transformed coordinates of a second worksite model.
Claim 15 includes the revised step 2A, prong two, additional elements of detecting a first position of a mining vehicle; receiving information on a plurality of transformation matrices; and providing the transformed coordinates to represent the second position of the mining vehicle. Detecting a first position of a mining vehicle; and receiving information on a plurality of transformation matrices is data gathering, which is a form of insignificant extra-solution activity. Providing the transformed coordinates to represent the second position of the mining vehicle is insignificant post-solution activity. Claim 15 does not recite revised step 2A, prong two, additional elements that integrate the abstract idea into a practical application. Claim 15 generally links the use of the abstract idea to a particular technological environment or field of use (mining vehicles).
Claim 15 includes the step 2B additional element of a non-transitory computer-readable medium. Applicant’s specification does not provide any indication that the medium is anything other than a conventional medium within a generic computing device. Receiving input, performing calculations, and producing output are well-understood, routine and conventional functions when claimed using a generic medium. Media are widely prevalent and in common use in mining vehicles. Media are not significantly more than the judicial exception since they are well-understood, routine and conventional features previously known to the mining vehicle industry. Therefore, claim 15 is rejected under 35 U.S.C. 101.
Examiner suggests amending the independent claims to positively recite a vehicle control function in order to provide a revised step 2A, prong two, additional element that integrates the abstract idea into a practical application. For instance, the independent claims could be amended to include “maneuvering the mining vehicle based on the second worksite model”.
See, the 2019 Revised Patent Subject Matter Eligibility Guidance, which is available on the USPTO Website.
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 TAMARA L WEBER whose telephone number is (303)297-4249. The examiner can normally be reached 8:30-5:00 MTN.
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TAMARA L. WEBER
Examiner
Art Unit 3667
/TAMARA L WEBER/Examiner, Art Unit 3667
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