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
The office action is being examined in response to the application filed by the applicant on November 6th, 2025.
Claims 1, 3, 5 and 7 – 10 have been amended and are hereby entered.
Claims 2, 4 and 6 have been cancelled.
Claims 1, 3, 5 and 7 - 10 are pending and have been examined.
This action is made FINAL.
Response to Arguments
Applicant’s arguments filed on February 6th, 2026 have been fully considered but they are not persuasive.
Regarding applicant’s arguments against the 101 rejection of claims on pages 5 – 8: Applicant argues that the present amendments render the rejection under 35 U.S.C. § 101 moot because amended claim 1 now recites specific databases and processing operations (e.g., moving behavior information database, attribute information database, traffic jam database, and processing circuitry configured to determine moving means). Applicant further asserts that these elements represent concrete technical processing rather than an abstract idea and that the claims therefore integrate any alleged abstract idea into a practical application. Applicant’s arguments have been fully considered but are not persuasive for the following reasons explained below.
Applicant contends that the claimed invention provides concrete technical processing for determining a sustainable score. However, the recited operations remain mathematical calculations applied to collected data. The fact that the data relates to environmental impact or movement does not transform the claim into a technological improvement. The claim does not modify the functioning of the computer, the databases, or any physical system. Rather, the computer is used as a tool to perform calculations and outputs a result.
Step 2A Prong 1: Even as amended, claim 1 continues to recite an abstract idea. Specifically, the claim recites steps of: (a) collecting information about user behavior (movement data), (b) determining emissions values, (c) deriving a coefficient based on user attributes or conditions, and (d) calculating a score based on those values. These limitations describe mathematical concepts and data analysis, including mathematical calculations and relationships used to evaluate user behavior. The claim explicitly recites calculating baseline CO-2, calculating actual CO2 emissions, subtracting the two values to determine reduced emissions, deriving a scoring coefficient, and calculating a sustainable score based on those values.
These operations represent mathematical relationships and evaluations of data, which fall squarely within the category of mathematical concepts and mental processes, refer to MPEP § 2106.04(a). The fact that the claim applies these calculations to environmental impact or user movement does not remove the claim from the abstract idea category. Courts have repeatedly held that collecting information, analyzing it using mathematical techniques, and reporting the results constitutes an abstract idea. Accordingly, claim 1 continues to recite a judicial exception.
Step 2A Prong 2: Applicant argues that the inclusion of specific databases and processing circuitry integrates the abstract idea into a practical application. However, the recited components of: a moving behavior information database, an attribute information database, a traffic jam database, and a processing circuitry. The claim does not recite a specific technological improvement to database technology, a novel sensor configuration for detecting movement, a new method of determining traffic congestion, or an improvement to computer functionality itself. Instead, the databases merely store data that is used in the mathematical evaluation of user behavior, and the processing circuitry performs calculations using that data. Furthermore, the claim ultimately outputs a sustainable score, which is simply the result of the abstract calculation. Thus, the amended claim still does not impose a meaningful limit on the abstract idea.
Step 2B: Even if the claims are considered as a whole, the additional elements do not provide an inventive concept. The recited components—databases and processing circuitry, are all well-understood and routine computer components used for their generic functions of storing and processing information. The ordered combination of these elements merely implements the abstract idea of evaluating user environmental behavior on a generic computer system.
Accordingly, the claims do not amount to significantly more than the abstract idea itself.
Regarding the Applicant’s arguments against the 102/103 rejections of the amended claims on pages 8 – 10: Applicant’s remarks filed on February 6th, 2026 have been fully considered but are not persuasive. The rejections are maintained for the reasons explained below.
Applicant argues that amended claim 1 overcomes the rejection under 35 U.S.C. § 102(a)(1) because the applied reference Lin allegedly fails to disclose (a) deriving a scoring coefficient by referring to an attribute information database and a traffic jam database, (b) determining a moving means from a moving behavior information database, and (iii) calculating baseline and actual CO2 emissions and a reduced emission value used to calculate a sustainable score. Applicant further asserts that Lin does not disclose calculating a sustainable score based on a reduced emission amount and a coefficient and therefore does not disclose all limitations of the amended claim. Applicant also argues that Blackhurst does not remedy these deficiencies. Applicant’s arguments have been fully considered but are not persuasive.
With respect to Applicant’s argument that Lin does not disclose deriving a scoring coefficient by referring to an attribute information database or a traffic-jam database, Lin teaches determining environmental or carbon-saving values based on contextual information associated with the user’s behavior and circumstances. Lin discloses that behavioral data may include contextual information such as user information, transportation conditions, and environmental factors used in calculating carbon savings or impact values. These teachings correspond to determining coefficients or weighting factors based on user attributes or situational information that affect the environmental impact calculation. The claimed “attribute information database” and “traffic jam database” merely represent data repositories containing such contextual information. Lin’s disclosure of obtaining and using contextual behavioral information for determining carbon savings reasonably reads on or renders obvious retrieving user attributes and traffic conditions from stored data sources in order to adjust the calculation.
Applicant also argues that Lin fails to disclose calculating a sustainable score based on a reduced emissions amount and a scoring coefficient. However, Lin explicitly teaches calculating a carbon-saving quantity for a user based on behavioral data and environmental impact calculations. The claimed “sustainable score” corresponds to Lin’s calculated carbon-saving quantity, which likewise represents an evaluation metric derived from emissions calculations and contextual information. The specific terminology used by Applicant does not distinguish the claim where the underlying calculation and purpose of the metric are the same as those taught by Lin.
Applicant’s arguments focus on whether the reference explicitly describes the specific terminology used in the claim, such as “traffic jam database,” “attribute information database,” or “sustainable score.” However, anticipation does not require the reference to use identical terminology or identical organization structures. Rather, the reference must disclose the claimed limitations, either expressly or inherently, as arranged in the claim. Because the claim broadly recites storing behavioral and contextual information, determining transportation modes from stored behavior data, calculating emissions associated with transportation modes, and generating an evaluation value based on those calculations, the cited portions of Lin correspond to the claimed subject matter when the claim is interpreted under the broadest reasonable interpretation.
Therefore, the rejection of claim 1 under 35 U.S.C. §102(a)(1) based on Lin in view of Blackhurst, is maintained. Claims 3, 5 – 7 10 depend from claim 1 and are rejected for the same reasons because they incorporate the limitations of claim 1 and do not include additional features that would patentably distinguish over the applied references.
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, 3, 5 and 7 – 10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more, and therefore does not recite patent-eligible subject matter.
Step 2A Prong 1: the claim recites a judicial exception. In particular, claim 1 recites operations that amount to mathematical calculation and mental processes for evaluating user behavior based on environmental impact. The claim recites calculating a baseline amount of CO2 emissions assuming travel by a gasoline vehicle, calculating an actual amount of CO2 emissions based on a determined moving means, subtracting the actual emissions from the baseline emissions to determine a reduced amount of emissions, deriving a scoring coefficient based on user attributes or situational information, as well as calculating a sustainable score using the reduced amount of emissions and the scoring coefficient.
These limitations collectively describe mathematical relationships and calculations performed on collected data to evaluate the environmental impact of a user’s behavior. Mathematical calculations and evaluations of data fall within the category of mathematical concepts identified in the MPEP § 2106.04(a)). Furthermore, the steps of determining user movement information, referencing databases containing attribute or traffic information, and calculating scores based on those values describe operations that could be performed by a human using pen and paper or mental reasoning when provided with the relevant information. Such data gathering and analysis constitute mental processes, which are also recognized categories of abstract ideas. Accordingly, claim 1 recites an abstract idea in the form of mathematical calculations and mental processes used to evaluate user environmental behavior.
Step 2A Prong 2: the claim does not integrate the judicial exception into a practical application. The additional elements recited in the claim include a moving behavior information database, attribute information database, traffic jam database, and processing circuitry configured to perform the recited calculations. These components are described in purely functional terms and represent generic computer components used for their typical purposes of storing information and executing calculations. The databases merely store data relating to user movement behavior, user attributes, and traffic conditions, and the processing circuitry retrieves and processes that data in order to perform the recited mathematical calculations. The claim does not recite any specific improvement to database technology, any specialized data acquisition mechanism for detecting movement or traffic conditions, or any particular technological improvement to computer functionality. Instead, the claimed device uses the stored data as inputs to the mathematical calculations that determine the environmental impact and sustainable score. The use of generic computer components to collect, store, and analyze information does not integrate the abstract idea into a practical application.
Furthermore, the claim does not recite any technological improvement to the determination of environmental data or movement information. The determination of a moving means based on stored behavior information and the reference to attribute and traffic databases merely provide additional information used in the calculations. These elements serve as sources of input data for the mathematical analysis rather than providing a technological improvement to any computing system or external technology. The claim therefore remains directed to the abstract idea of evaluating environmental impact and scoring user behavior based on calculated emissions reductions and contextual information.
Step 2B: the claim does not include any additional elements that amount to significantly more than the abstract idea itself. The moving behavior information database, attribute information database, traffic jam database, and processing circuitry represent well-understood and routine computer components that perform their generic functions of storing data and executing information. When considered individually and as an ordered combination, these elements merely implement the abstract idea of mathematically evaluating environmental impact and user behavior using generic computer technology. The claim does not recite any unconventional arrangement of computer components, any specialized hardware configuration, or any improvement to computer technology itself. Instead, the computer components operate in their ordinary capacity to perform calculations on collected data.
For dependent claims 3, 5 and 7 – 10, depend from claim 1 and therefore incorporate the abstract idea recited in claim 1. The additional limitations recited in these claims merely specify different categories of information that may be used in the evaluation of the user’s behavior. For example, claim 3 specifies that the user may include communication activity, electricity usage, or purchasing behavior. Claim 5 specifies particular user attributes such as gender, age, place of residence, household type, or occupation that may be used when deriving the scoring coefficient. Claim 7 recites that the movement may correspond to a specific state of the user, and claim 8 specifies that the environmental impact and scoring coefficient may be calculated in units of movement. Claim 9 specifies deriving a scoring coefficient corresponding to an amount of communication when a predetermined communication plan is used, and claim 10 specifies deriving a coefficient corresponding to a number of purchased products of a predetermined category. These limitations merely apply the same mathematical evaluation of environmental impact to additional types of user behavior or contextual data and do not introduce any technological improvement.
Accordingly, claims 1, 3, 5, 7 – 10 are directed to an abstract idea and do not include additional elements sufficient to amount to significantly more than the abstract idea itself. Therefore, claims 1, 3, 5, and 7 – 10 are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1, 3, and 7 - 8 and 10 are rejected under 35 U.S.C. § 102(a)(1) as being unpatentable over Jin (U.S. Pub No. 20190213097 A1) in view of Chapman (U.S. Pub No. US20120150425 A1).
Regarding claim 1:
Jin teaches:
a moving behavior information database configured to store information relating to moving behavior of a user; [¶0027]: User behavior data is generated, analyzed and then may be stored locally or remotely.
an attribute information database configured to store attribute information of the user; [¶0103 - 104; Fig. 7]: The device is able to accept user inputted information and store it to a database.
a processing circuitry configured to calculate an amount of environmental impact generated in association with the behavior of the user; [¶0018 - 0019]: A carbon emissions calculator is provided to calculate and control carbon footprints and carbon-saving quantities, for both individuals as well as enterprises.
refer to at least one of the attribute information database and the traffic jam database and derive a scoring coefficient on the basis of attributes of the user or a situation in which the user is placed; [¶0019 - 0021]: A user’s behavior data is automatically collected and then can be broken down into “fragmented behavior data.” Additionally, [¶0040]: utilizes specific user data to then calculate carbon-saving quantities and then further convert those quantities to point values.
calculate a sustainable score for the user behavior on the basis of the generated amount and the scoring coefficient; [¶0040]: “The newly converted points can be added to total points associated with the user to obtain an updated total points value. As the value of the total points increase, the carbon-saving quantity associated with the user increases.”
transmit the sustainable score to a request source that has requested calculation of the sustainable score or to a calculation target; [¶0040]: Points are handled across different service providers to provide a plethora of services corresponding to the amount of points a user may have.
determine a moving means of the user on the basis of information acquired from the moving behavior information database; [¶0029]: In order for the carbon saving quantity quantization algorithm to properly monitor carbon emission, it monitors how many trips use a vehicle versus walking by foot.
calculate a baseline amount of CO2 emissions assuming that a total moving distance of the user was traveled by a gasoline vehicle, and calculate an amount of CO2 emissions when the user traveled using the determined moving means; [¶0029]: In order for the carbon saving quantity quantization algorithm to properly monitor carbon emission, it monitors how many trips use a vehicle versus walking by foot.
calculate, as the amount of environmental impact, a reduced amount of emissions by subtracting the actual amount of CO2 emission from the baseline amount of CO2 emissions; and [¶0029 - 0030]: In order for the carbon saving quantity quantization algorithm to properly monitor carbon emission, it monitors how many trips use a vehicle versus walking by foot. [¶0030]: Shows the second present algorithm determining carbon savings related to walking vs driving.
calculate the sustainable score on the basis of the reduced amount of emissions and the scoring coefficient, [¶0040]: User data is processed to produce an x amount of points, which may then be converted to a total points value.
wherein the user behavior includes movement by the moving means of the user; [¶0033]: The second preset algorithm relating to user behavior includes carbon-saving quantities based on trips—whether that by via vehicle or walking trips.
a behavior evaluation portion configured to calculate an evaluation value for the behavior of the user on the basis of the generated amount and the coefficient. Fig. 1; [¶0021]: Behavior data is acquired from a user upon user interaction with an internet service.
Jin does not disclose the following limitations below. Thus, Chapman teaches:
a traffic jam database configured to store attribute information of the user. [¶0109]: A traffic information provider system is paired either directly or indirectly to a database or a storage device in order to store future traffic conditions as well as condition predictions.
a traffic jam database configured to store congestion/traffic jam situations of roads; and [¶0109]: A traffic information provider system is paired either directly or indirectly to a database or a storage device in order to store future traffic conditions as well as condition predictions.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the invention to combine Jin’s disclosure for calculating individual carbon footprints as well as reduced carbon emissions with a traffic jam database, as taught by Chapman, in order to efficiently and effectively monitor and store traffic conditions as well as future predictions/assessments of traffic.
Regarding claim 3:
Jin teaches:
wherein the behavior of the user further includes at least one of communication of a communication means used by the user, use of electricity by the user, and purchase behavior of the user. [¶0021]: The disclosure may be associated with a health service mobile application to monitor movement behavior. [¶0075]: The implementation may also associate and track utility usage (i.e., water usage, electricity usage, natural gas usage, etc.) [¶0044]: Furthermore, user data may also include a user purchase data.
Regarding claim 7:
Jin teaches:
wherein the movement by the moving means of the user is a specific state of the user. [¶0021]: The disclosure may be associated with a health service mobile application to monitor movement behavior. Furthermore, [¶0029, 0035]: Preset algorithms are put in place to accurately determine how much carbon emission can be saved by different modes of transportation. [¶0087]: “Walking data can be produced by a health service application (for example, a walking application) having a walking data collection function. The walking data can be used as behavior data for walking. “
Regarding claim 8:
Jin teaches:
wherein processing circuitry calculates the amount of environmental impact generated in a unit of movement, Figs. 1, 2E, 3; [¶0089]: An example method is used to acquire and calculate how much carbon-saving quantity a user produces just by walking.
derives the scoring coefficient in the unit of movement, and [¶0087]: Carbon-saving quantity is directly associated with a user’s walking behavior, which entails number of steps, location information, walking distance, etc.
evaluates the behavior of the user in the unit of movement. Fig. 2E; [¶0089 - 0091]: An acquisition request is sent, including all applicable walking data, in order to compute a carbon-saving quantity unit through an algorithm.
Regarding claim 10:
Jin teaches:
wherein the processing circuitry derives the scoring coefficient corresponding to a number of purchased products of a predetermined category as the behavior of the user. Figs 2A-2E, 3; [¶0042]: User behavior data is tracked and collected throughout different scenarios (i.e., [¶0043] being an online ticketing service, [¶0054] being an online payment service, [¶0064]: being an online reservation service, etc.)
Claims 5 and 9 are rejected under 35 U.S.C. § 103 as being unpatentable over Jin (U.S. Pub No. 20190213097 A1) in view of Chapman (U.S. Pub No. US20120150425 A1) in further view of Blackhurst (U.S. 20150032586 A1).
Regarding claim 5:
Although Jin teaches a user inputting information into their account and having user activity stored [¶0022], Jin does not teach wherein the attributes includes at least one of a gender, age, place of residence, household type, and occupation of the user. Thus, Blackhurst teaches:
wherein the attributes of the user include at least one of a gender, age, place of residence, household type, and occupation of the user. [¶0047]: Customer attributes (i.e., customer demographics, customer input, transaction data, ages of each household member, model and number of cars associated with the household, etc.) are used to determine when alternative carbon emission data.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jin’s disclosure for calculating individual carbon footprints as well as reduced carbon emissions with having attributes include at least one of a gender, age, place of residence, household type, and occupation of the user, as taught by Blackhurst, in order to effectively and efficiently identify user behavior and use the data collected to calculate more precise measurements.
Regarding claim 9:
Jin does not teach the coefficient derivation portion deriving a coefficient corresponding to an amount of communication of the user when a contract for a predetermined plan, which is a communication plan, is made as the behavior of the user. Thus, Blackhurst teaches:
wherein the processing circuitry derives the scoring coefficient corresponding to an amount of communication of the user when a contract for a predetermined plan, which is a communication plan, is made as the behavior of the user. Fig. 3; [¶0056]: The disclosure teaches retrieval of electronic communications relating to customer purchase transactions, with the inclusion of data being tracking consumer consumption.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to combine Jin’s disclosure for calculating individual carbon footprints as well as reduced carbon emissions with the coefficient derivation portion derives a coefficient corresponding to an amount of communication of the user when a contract for a predetermined plan, which is a communication plan, is made as the behavior of the user, as taught by Blackhurst, in order to effectively and efficiently identify user behavior and use the data collected to calculate more precise measurements.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Silby (US20060089851 A1) is pertinent because it is related to “methods and apparatus for using billing statements to provide consumers with their individual carbon usage in the matter of global warming, thereby allowing the opportunity for the consumer to take responsibility for their carbon emissions.”
Silverstein (US20210224819 A1) is pertinent because it is related to “the field of reduction of greenhouse gas emissions, and more particularly to carbon footprint tracking.”
Yoder (US20060286518 A1) is pertinent because it is related to “a system and method for managing personalized information regarding a product. In particular, the invention relates to a computer-implemented system and method for calculating and communicating personalized product environmental information to a user, for accounting for pollution resulting from raw material production, manufacture, use disposal and packaging of the purchased product and for accounting for price surcharges paid by the purchaser.”
Kaminsky (US20100030608 A1) is pertinent because it is related to “a system and method for a carbon calculator and, more particularly, to a system and method for a carbon calculator including offset costs.”
Zhu (US20230089850 A1) is pertinent because it is related to a “system, method, and computer program product embodiments for utilizing non-RAM memory to implement environmental impact scoring.”
Ellingham (US20100328314 A1) is pertinent because it is related to “the field of energy conservation and, more particularly, to aiding individuals in the conservation of energy.”
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 Bill Chen whose telephone number is (571)270-0660. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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/BILL CHEN/Examiner, Art Unit 3626
/NATHAN C UBER/Supervisory Patent Examiner, Art Unit 3626