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 .
Application Status
Claims 1-11 are pending and have been examined in this application.
This communication is the first action on merits.
Information disclosure statement (IDS) was filed and reviewed by examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) are: “computer hardware for receiving, selecting, ascertaining, identifying, and checking”, in claim 1 and “a computing unit configured to…” in claims 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claims 1 and 11, the recited limitation “the computer hardware” and “the computing unit” are indefinite. The specification is devoid of any structure of the computer hardware and computing unit. It is unclear to the examiner what the structure for the computer hardware or the computing unit?
Claims 2-10 are rejected for being dependent upon a rejected claim.
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 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is not directed to patent eligible subject matter.
101 Analysis
Based upon consideration of all of the relevant factors with respect to the claim as a whole, the claim is determined to be directed to an abstract idea. The rationale for this determination is explained below:
When considering subject matter eligibility under 35 U.S.C. § 101 under the 2019 Revised Patent Subject Matter Eligibility Guidance, the Office is charged with determining whether the scope of the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter (Step 1).
If the claim falls within one of the statutory categories (Step 1), the Office must then determine the two-prong inquiry for Step 2A whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, or abstract idea), and if so, whether the claim is integrated into a practical application of the exception.
Claims 1-11 are rejected under 35 U.S.C. 101 because the claim invention is directed to an abstract idea without significantly more.
101 Analysis – Step 1: Statutory Category
Independent claims 1 and 11 are rejected under 35 USC §101 because the claimed invention is directed to a process and machine respectively, which are statutory categories of invention (Step 1: Yes).
101 Analysis – Step 2A Prong 1: Judicial Exception Recited
The claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea). The abstract idea falls under “Mental Processes” Grouping. The independent claims recite identifying, by the computer hardware, a third point lying on an edge of the driving corridor of the vehicle; e) ascertaining, by the computer hardware, a position of the third point relative to a line between the first and second points by checking whether a clockwise or counterclockwise first direction of rotation or collinearity between the first, second and third points is present when traversing a polyline formed from the first point to the third point going via the second point; f) identifying, by the computer hardware, at least one fourth point lying on the edge of the driving corridor of the vehicle and different from the third point; g) ascertaining, by the computer hardware, a position of the at least one fourth point relative to the line between the first and second points by checking whether a clockwise or counterclockwise second direction of rotation or collinearity between the first, second and fourth points, is present when traversing a polyline formed from the first point to the fourth point going via the second point; h) Checking, by the computer hardware. whether the boundary of the driveable area has been crossed by comparing at least one of the first and second directions of rotation or results of the collinearity check;. These limitation(s), as drafted, is (are) a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is, other than reciting “computer hardware and a computing unit”. The claim limitations encompass a person looking at different types of data such as boundary line information, driving corridor information, and points along the corridor could c) select a first point and a second point, on the at least one boundary line of the driveable area, wherein the first point lies behind the second point in a direction of travel of the vehicle; d) identify, a third point lying on an edge of the driving corridor of the vehicle; e) ascertain a position of the third point relative to a line between the first and second points by checking whether a clockwise or counterclockwise first direction of rotation or collinearity between the first, second and third points is present when traversing a polyline formed from the first point to the third point going via the second point; f) identify, at least one fourth point lying on the edge of the driving corridor of the vehicle and different from the third point; g) ascertain a position of the at least one fourth point relative to the line between the first and second points by checking whether a clockwise or counterclockwise second direction of rotation or collinearity between the first, second and fourth points, is present when traversing a polyline formed from the first point to the fourth point going via the second point; h) Check, whether the boundary of the driveable area has been crossed by comparing at least one of the first and second directions of rotation or results of the collinearity check;. The mere nominal recitation of “computer hardware and computing unit” does not take the claim limitation(s) out of the mental process grouping and merely function to automate the generating steps. Thus, the claims recite a mental process. (step 2A – Prong 1: Judicial exception recited: Yes).
101 Analysis – Step 2A Prong 2: Practical Application
The independent claims recite the additional limitations/elements of a) receiving, information about at least one boundary line of the driveable area; b) receiving, information about a driving corridor of the vehicle, wherein the driving corridor is an area covered by a projection of the a vehicle body contour onto the a road when driving through the trajectory; g) controlling the vehicle based upon whether the boundary of the driveable area has been crossed, multiple sensors, a computer hardware, and a computing unit. The receiving steps are recited at a high level of generality (i.e. receiving/collecting various data and amount to mere data gathering, which is a form of insignificant extra-solution activity. The controlling step(s)/element(s) is recited at a high level of generality (i.e. as a general action or change being taken based on the results of the generating step) and amounts to mere post solution actions, which is a form of insignificant extra-solution activity. Examiner notes that the controlling step appears to integrate the claim into a practical application, however, the specification encompasses semi autonomous control, and the controlling is not done be the computer hardware, therefore, the controlling step is not necessitated to be autonomous control of the vehicle or an actual control of the vehicle automatically. Examiner further notes that claim 11 does not include the control step and recommends that if amendments are made to overcome the rejection to also be applied to claim 11. The multiple sensors are recited at a high level of generality (claimed generically) and are operating in their ordinary capacity such that they do not use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim(s) is/are not more than a drafting effort designed to monopolize the exception. The additional limitation(s) of a computer hardware and computing unit is/are recited at a high level of generality and merely function to automate the generating steps.
Accordingly, even in combination, 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(s) is/are directed to the abstract idea (Step 2A—Prong 2: Practical Application?: No).
101 Analysis – Step 2B: Inventive Concept
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than insignificant extra-solution activity.
Under the 2019 PEG, a conclusion that an additional element/limitation is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B. Here, the receiving and controlling steps/additional elements were considered to be extra-solution activities 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 specification does not provide any indication that these steps are performed by anything other than conventional components performing the conventional activity (steps) of the claim. 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), for example, indicated that the mere displaying of data is a well understood, routine, and conventional function. Accordingly, a conclusion that the collecting step is well-understood, routine, conventional activity is supported under Berkheimer. The claim is ineligible (Step 2B: Inventive Concept?: No).
Dependent claims 2-10 do not include any other additional elements that are sufficient to amount to significantly more than the judicial exception. Therefore, the Claims 1-11 are rejected under 35 U.S.C. §101 as being directed to non-statutory subject matter.
Allowable Subject Matter
Claims 1-11 would be allowable if rewritten to overcome the rejections under 35 U.S.C 112(b) or 35 U.S.C 112 (pre-AIA ), 2nd paragraph, and 35 USC 101set forth in this office action and to include all of the limitations of the base claim and any intervening claims.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDALLA A KHALED whose telephone number is (571)272-9174. The examiner can normally be reached on Monday-Thursday 8:00 Am-5:00, every other Friday 8:00A-5:00AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faris Almatrahi can be reached on (313) 446-4821. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDALLA A KHALED/Examiner, Art Unit 3667