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 .
DETAILED ACTION
1. This Office Action is in response to the communication filed on September 11, 2024, which paper has been placed of record in the file.
2. Claims 2-21 are pending in this application.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted September 11, 2024 and May 20, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
5. Claims 2, 7, 12, 13, and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 11, 13, and 15 of U.S. Patent No. 12,118,637 (“the reference patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 2, 7, 12, 13, and 16 of the instant application are anticipated, respectively, by claims 1, 6, 11, 13, and 15 of the reference patent. Every limitation in the instant application claims is recited in the conflicting reference patent claims, and the same subject matters between the claims are highlighted below by bolding all limitations that are the same and italicizing additional limitations, that will be addressed below.
Instant Application 18/882,189
US Patent No. 12,118,637
2. A system comprising:
one or more processors; and
one or more computer-readable media storing computer-executable instructions that, when executed, cause the one or more processors to perform operations comprising:
receiving a transportation request associated with a passenger and an item;
determining, based at least in part on the transportation request, passenger data indicating one or more passengers and item data indicating at least one of an item weight, an item size, an item type, or a number of items;
determining, based at least in part on the transportation request, a first pick-up location and a first drop-off location associated with the one or more passengers and a second pick-up location and a second drop-off location associated with the item;
determining, based at least in part on the passenger data, a first vehicle within a fleet of vehicles to transport the one or more passengers;
determining, based at least in part on the item data, a second vehicle within the fleet of vehicles to transport one or more items;
transmitting a first instruction to the first vehicle, wherein the first vehicle is configured to utilize the first instruction to transport the one or more passengers from the first pick-up location to the first drop-off location; and
transmitting a second instruction to the second vehicle, the second vehicle is configured to utilize the second instruction to transport the item from the second pick-up location to the second drop-off location.
1. A system comprising:
one or more processors; and
one or more computer-readable media storing computer-executable instructions that, when executed, cause the one or more processors to perform operations comprising:
receiving a transportation request indicating a first pick-up location associated with one or more passengers, a second pick-up location associated with at least one item, and a destination location;
determining passenger data based at least in part on the transportation request, wherein the passenger data indicates at least one passenger associated with the transportation request;
determining item data associated with the transportation request, wherein the item data includes at least one of an item weight, an item size, an item type, or a number of items;
determining that at least two vehicles are required to serve the transportation request based at least in part on the passenger data, the item data, and a size of one or more vehicles;
determining a first vehicle within a fleet of vehicles to transport the at least one passenger, based at least in part on the passenger data;
determining a second vehicle within the fleet of vehicles to transport one or more items, based at least in part on the item data;
causing a first instruction to be sent to the first vehicle, the first instruction controlling the first vehicle to transport the at least one passenger from the first pick-up location to the destination location; and
causing a second instruction to be sent to the second vehicle, the second instruction controlling the second vehicle to transport the one or more items from the second pick-up location to the destination.
3. The system of claim 2, wherein the first pick-up location and the second pick-up location are a same location.
2. The system of claim 1, wherein the passenger data includes a first pick-up time and the item data includes a second pick-up time different from the first pick-up time; wherein the first instruction comprises the first pick-up location, the first pick-up time, and a first identifier associated with the at least one passenger; and wherein the second instruction comprises the second pick-up location, the second pick-up time, and a second identifier associated with the one or more items.
4. The system of claim 2, wherein the pick-up location are different locations,
wherein the first instruction comprises the first pick-up location and a first identifier associated with the passenger data, and wherein the second instruction comprises the second pick-up location and a second identifier associated with the item data.
3. The system of claim 1, the operations further comprising:
receiving a passenger pick-up time associated with the transportation request;
determining, based at least in part on the passenger pick-up time, a first item itinerary including a first item pick-up time, and a second item itinerary including a second item pick-up time;
determining a first cost associated with the first item itinerary;
determining a second cost associated with the second item itinerary;
transmitting, to a user device associated with the transportation request, the first item itinerary including the first item pick-up time and the first cost, and the second item itinerary including the second item pick-up time and the second cost; and
receiving, from the user device, a selection of the first item itinerary or the second item itinerary.
5. The system of claim 2, wherein the first drop-off location and the second drop-off location are a same location.
4. The system of claim 1, wherein:
determining the first vehicle is based at least in part on determining that the first vehicle includes a passenger compartment compatible with the passenger data; and
determining the second vehicle is based at least in part on determining that the second vehicle includes a storage compartment compatible with the item data.
6. The system of claim 2, wherein the first drop-off location is different than the second drop-off location, wherein the first instruction comprises the first drop-off location and a first identifier associated with the passenger data, and wherein the second instruction comprises the second drop-off location and a second identifier associated with the item data.
5. The system of claim 1, the operations further comprising:
determining a first route for the first vehicle, including the first pick-up location and the destination location; and
determining a second route for the second vehicle, including the second pick-up location and the destination location, wherein the second route is different from the first route.
7. A method comprising:
receiving a transportation request associated with a passenger and an item;
determining, based at least in part on the transportation request, passenger data associated with the passenger and item data associated with the item;
determining, based at least in part on the transportation request, a first pick-up location and a first drop-off location associated with the passenger and a second pick-up location and a second drop-off location associated with the item;
determining that at least two vehicles are required to serve the transportation request;
transmitting a first instruction to a first vehicle, wherein the first vehicle is configured to utilize the first instruction to transport the passenger from the first pick-up location to the first
drop-off location; and
transmitting a second instruction to a second vehicle, wherein the second vehicle is configured to utilize the second instruction to transport the item from the second pick-up location
to the second drop-off location.
6. A method comprising:
receiving, by a transportation system, a transportation request indicating a first drop-off location associated with a passenger and a second drop-off location associated with an item;
determining, by the transportation system and based at least in part on the transportation request, passenger data associated with the passenger;
determining, by the transportation system and based at least in part on the transportation request, item data associated with the item;
determining that at least two vehicles are required to serve the transportation request based at least in part on the passenger data and the item data;
causing, by the transportation system, a first instruction to be sent to a first vehicle, the first instruction controlling the first vehicle to transport the passenger to the first drop-off location; and
causing, by the transportation system, a second instruction to be sent to a second vehicle, the second instruction controlling the second vehicle to transport the item to the second drop-off location.
8. The method of claim 7, wherein determining that at least two vehicles are required to serve the transportation request is based at least in part on:
receiving, from a user device associated with the transportation request, image data of the item; and
determining, based at least in part on the image data, at least one of a size of the item or an item type.
7. The method of claim 6, wherein the passenger data includes a first pick-up time and the item data includes a second pick-up time different from the first pick-up time; wherein the first instruction comprises the first pick-up time, and a first identifier associated with the passenger; and wherein the second instruction comprises the second pick-up time, and a second identifier associated with the item.
9. The method of claim 7, further comprising:
determining first route data for the first vehicle;
determining second route data for the second vehicle; and
transmitting, to a user device associated with the transportation request, the first route data and the second route data, the first route data and the second route data configured to be presented via a user interface associated with the user device.
8. The method of claim 6, further comprising:
receiving a passenger pick-up time associated with the transportation request;
determining, based at least in part on the passenger pick-up time, a first item itinerary including a first item pick-up time, and a second item itinerary including a second item pick-up time;
determining a first cost associated with the first item itinerary;
determining a second cost associated with the second item itinerary; transmitting, to a user device associated with the transportation request, the first item itinerary including the first item pick-up time and the first cost, and the second item itinerary including the second item pick-up time and the second cost; and receiving, from the user device, a selection of the first item itinerary or the second item itinerary.
10. The method of claim 7, wherein the first pick-up location and the second
pick-up location are different locations,
wherein the first instruction comprises the first pick-up location and a first identifier associated with the passenger data, and wherein the second instruction comprises the second pick-up location and a second identifier associated with the item data.
9. The method of claim 6, further comprising:
determining item specification data associated with the item, the item specification data including at least one of an item weight, an item size, an item type, or an item number;
determining a number of passengers based at least in part on the passenger data; and determining a number of vehicles associated with the transportation request, based at least in part on the item specification data and the number of passengers.
11. The method of claim 7, wherein the first drop-off location is different than the second drop-off location, wherein the first instruction comprises the first drop-off location and a first identifier associated with the passenger data, and wherein the second instruction comprises the second drop-off location and a second identifier associated with the item data.
10. The method of claim 6, further comprising:
determining the first vehicle within a fleet of vehicles to transport the passenger, based at least in part on determining that the first vehicle includes a passenger compartment compatible with the passenger data; and
determining the second vehicle within the fleet of vehicles to transport the item, based at least in part on determining that the second vehicle includes a storage compartment compatible with the item data.
12. The method of claim 7, further comprising:
determining, based at least in part on the transportation request, a first route for the first vehicle from the first pick-up location to the first drop-off location; and
determining, based at least in part on the transportation request, a second route for the second vehicle from the second pick-up location to the second drop-off location, wherein the first route and the second route are different routes.
11. The method of claim 6, further comprising:
determining a first route for the first vehicle based at least in part on a first pick-up location and the first drop-off location; and
determining a second route for the second vehicle based at least in part on a second pick-up location and the second drop-off location, wherein the first drop-off location is the same as the second drop-off location, and wherein the first route is different from the second route.
12. The method of claim 11, wherein the first route includes first one or more driving segments and a first flying segment associated with a first flight; and wherein the second route includes second one or more driving segments and a second flying segment associated with a second flight different from the first flight.
13. The method of claim 12, further comprising:
determining a first security classification associated with the passenger, wherein determining the first route is based at least in part on the first security classification; and
determining a second security classification associated with the item, wherein determining the second route is based at least in part on the second security classification.
13. The method of claim 11, further comprising:
determining a first security classification associated with the passenger, wherein determining the first route is based at least in part on the first security classification; and
determining a second security classification associated with the item, wherein determining the second route is based at least in part on the second security classification.
14. The method of claim 7, wherein the passenger data includes a first pick-up
time and the item data includes a second pick-up time different from the first pick-up time; wherein the first instruction comprises the first pick-up time, and a first identifier associated with the passenger; and wherein the second instruction comprises the second pick-up time, and a second identifier associated with the item.
14. The method of claim 11, wherein the first pick-up location and the second pick-up location are a same location.
15. The method of claim 7, further comprising:
receiving a passenger pick-up time associated with the transportation request;
determining, based at least in part on the passenger pick-up time, an item itinerary including an item pick-up time;
determining a cost associated with the item itinerary;
transmitting, to a user device associated with the transportation request, the item itinerary including the item pick-up time and the cost; and
receiving, from the user device, a selection of the item itinerary.
transmitting a first instruction to a first vehicle, wherein the first vehicle is configured to utilize the first instruction to transport the passenger from the first pick-up location to the first
drop-off location; and
transmitting a second instruction to a second vehicle, wherein the second vehicle is configured to utilize the second instruction to transport the item from the second pick-up location
to the second drop-off location.
16. One or more non-transitory computer-readable media storing instructions executable by a processor, wherein the instructions, when executed, cause the processor to perform operations comprising:
receiving a transportation request associated with a passenger and an item;
determining, based at least in part on the transportation request, passenger data associated with the passenger and item data associated with the item;
determining, based at least in part on the transportation request, a first pick-up location and a first drop-off location associated with the passenger and a second pick-up location and a second drop-off location associated with the item;
determining that at least two vehicles are required to serve the transportation request;
transmitting a first instruction to a first vehicle, wherein the first vehicle is configured to utilize the first instruction to transport the passenger from the first pick-up location to the first drop-off location; and
transmitting a second instruction to a second vehicle, wherein the second vehicle is configured to utilize the second instruction to transport the item from the second pick-up location
to the second drop-off location.
15. One or more non-transitory computer-readable media storing instructions executable by a processor, wherein the instructions, when executed, cause the processor to perform operations comprising:
receiving a transportation request indicating a first drop-off location associated with a passenger and a second drop-off location associated with an item;
determining passenger data associated with the passenger based at least in part on the transportation request;
determining item data associated with the item based at least in part on the transportation request;
determining that at least two vehicles are required to serve the transportation request based at least in part on the passenger data and the item data;
causing a first instruction to be sent to a first vehicle, the first instruction controlling the first vehicle to transport the passenger to the first drop-off location; and
causing a second instruction to be sent to a second vehicle, the second instruction controlling the second vehicle to transport the item to the second drop-off location.
16. The one or more non-transitory computer-readable media of claim 15, wherein the passenger data includes a first pick-up time and the item data includes a second pick-up time different from the first pick-up time; wherein the first instruction comprises the first pick-up time, and a first identifier associated with the passenger; and wherein the second instruction comprises the second pick-up time, and a second identifier associated with the item.
17. The one or more non-transitory computer-readable media of claim 16,
wherein determining that at least two vehicles are required to serve the transportation request is based at least in part on:
receiving, from a user device associated with the transportation request, image data of the item; and
determining, based at least in part on the image data, at least one of a size of the item or an item type.
17. The one or more non-transitory computer-readable media of claim 15, the operations further comprising:
receiving a passenger pick-up time associated with the transportation request;
determining, based at least in part on the passenger pick-up time, a first item itinerary including a first item pick-up time, and a second item itinerary including a second item pick-up time; determining a first cost associated with the first item itinerary;
determining a second cost associated with the second item itinerary; transmitting, to a user device associated with the transportation request, the first item itinerary including the first item pick-up time and the first cost, and the second item itinerary including the second item pick-up time and the second cost; and
receiving, from the user device, a selection of the first item itinerary or the second item itinerary.
18. The one or more non-transitory computer-readable media of claim 16, the operations further comprising:
determining first route data for the first vehicle;
determining second route data for the second vehicle; and
transmitting, to a user device associated with the transportation request, the first route data and the second route data, the first route data and the second route data configured to the presented via a suer interface associated with the user device.
18. The one or more non-transitory computer-readable media of claim 15, the operations further comprising:
determining item specification data associated with the item, the item specification data including at least one of an item weight, an item size, an item type, or an item number;
determining a number of passengers based at least in part on the passenger data; and
determining a number of vehicles associated with the transportation request, based at least in part on the item specification data and the number of passengers.
19. The one or more non-transitory computer-readable media of claim 16, the operations further comprising:
receiving a passenger pick-up time associated with the transportation request;
determining, based at least in part on the passenger pick-up time, an item itinerary including an item pick-up time;
determining a cost associated with the item itinerary;
transmitting, to a user device associated with the transportation request, the item itinerary including the item pick-up time and the cost; and
receiving, from the user device, a selection of the item itinerary.
19. The one or more non-transitory computer-readable media of claim 15, the operations further comprising:
determining the first vehicle within a fleet of vehicles to transport the passenger, based at least in part on determining that the first vehicle includes a passenger compartment compatible with the passenger data; and
determining the second vehicle within the fleet of vehicles to transport the item, based at least in part on determining that the second vehicle includes a storage compartment compatible with the item data.
20. The one or more non-transitory computer-readable media of claim 16,
wherein the first pick-up location and the second pick-up location are different locations, wherein the first instruction comprises the first pick-up location and a first identifier associated with the passenger data, and wherein the second instruction comprises the second pick-up location and a second identifier associated with the item data.
20. The one or more non-transitory computer-readable media of claim 15, the operations further comprising:
determining a first route for the first vehicle based at least in part on a first pick-up location and the first drop-off location; and
determining a second route for the second vehicle based at least in part on a second pick-up location and the second drop-off location, wherein the first drop-off location is the same as the second drop-off location, and wherein the first route is different from the second route.
21. The one or more non-transitory computer-readable media of claim 16,
wherein the first drop-off location is different than the second drop-off location, wherein the first instruction comprises the first drop-off location and a first identifier associated with the passenger data, and wherein the second instruction comprises the second drop-off location and a second identifier associated with the item data.
As shown in the mapping above, claims 1, 6, 11, 13, and 15 of the reference patent include all the limitations of claims 2, 7, 12, 13, and 16 of the instant application, while also reciting further limitations.
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 2-21 are rejected under 35 U.S.C. 101 because the claim invention is directed to a judicial exception (i.e., law of nature, natural phenomenon, or abstract idea) without significantly more.
Regarding independent claim 2, which is analyzing as the following:
Step 1: This part of the eligibility analysis evaluates whether the claim falls within any statutory category. See MPEP 2106.03. The claim recites a system Thus, the claim is to a machine, which is one of the statutory categories of invention. (Step 1: YES).
Step 2A, Prong One: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim.
The claim recites a system for providing transportation to users and their baggage. The Specification, para [0012] described that “a transportation system that coordinates and controls a fleet of autonomous vehicles may receive transportation requests from users via user devices. The transportation system may provide a user interface to receive passenger data and associated item data from the user via the user interface. The passenger data and baggage item data may include, for example, the numbers of passengers and/or baggage items, item sizes, types, weights, and/or other characteristics associated with passengers or items to be delivered. Based on the passenger data and associated item data received from the user device, the transportation system may determine a number of autonomous vehicles and may select the types of vehicles for transporting the passengers and their baggage (or other associated items) in a coordinated delivery. The transportation system may use different vehicles types, including autonomous passenger vehicles for transporting passengers and autonomous cargo vehicles for delivering baggage, and may select different vehicle models, sizes, and/or characteristics based on the specific passenger data and item data (e.g., oversized items).” The claim recites the following steps: receiving a transportation request associated with a passenger and an item; determining, based on the transportation request, passenger data…and item data; determining, a first prick-up location and a firs drop-off location…; determining a first vehicle to transport one or more passengers; determining a second vehicle to transport one or more items; wherein the first vehicle is configured to utilize the first instruction to transport the one or more passengers from the first pick-up location to the first drop-off location; and wherein the second vehicle is configured to utilize the second instruction to transport the item from the second pick-up location to the second drop-off location, under its broadest reasonable interpretation when read in light of the Specification, falls within “Certain Methods of Organizing Human Activity” grouping of abstract ideas as they cover performance of commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, business relations; managing personal behavior or relationships or interactions between people including social activities, teaching, and following rules or instructions. See MPEP 2106.04(a)(2), subsection III.
Moreover, the claim recites the steps of: determining, based on the transportation request, passenger data…and item data; determining, a first prick-up location and a firs drop-off location…; determining a first vehicle to transport one or more passengers; determining a second vehicle to transport one or more items, as drafted, is a process that, under its broadest reasonable interpretation when read in light of the Specification, covers performance of the limitations in the mind, can be practically performed by human in their mind or with pen/paper, but for the recitation of generic computer components. That is, other than reciting “a computer/processor/automatically”, nothing in the claim elements preclude the steps from practically being performed in the mind. The mere nominal recitation of generic computing devices does not take the claim limitation out of the Mental Processes grouping of abstract ideas. Thus, if a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas (concepts performed in the human mind including an observation, evaluation, judgment, opinion). See MPEP 2106.04(a)(2), subsection III.
Therefore, the claim recites an abstract idea. (Step 2A, Prong One: YES).
Step 2A, Prong Two: This part of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception into a practical application of the exception or whether the claim is “directed to” the judicial exception. This evaluation is performed by (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (2) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. See MPEP 2106.04(d).
The claim recites the additional elements of “transmitting a first instruction to the first vehicle” and “transmitting a second instruction to the second vehicle” The claim also recites that the steps of “receiving a transportation request…; determining passenger data…and item data; determining a first prick-up location and a firs drop-off location…; determining a first vehicle to transport one or more passengers; determining a second vehicle to transport one or more items; transmitting a first instruction to the first vehicle…; and transmitting a second instruction to the second vehicles…”, are performed by one or more processors.
The additional elements “transmitting a first instruction to the first vehicle” and “transmitting a second instruction to the second vehicle” are mere data gathering transmitting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and transmitting, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and transmitting. See MPEP 2106.05. Moreover, these additional elements do not provide any improvement to the technology, improvement to the functioning of the computer, improving the first and second vehicle, they are just merely used as general means for collecting and transmitting data.
Further, the steps of “receiving a transportation request…; determining passenger data…and item data; determining a first prick-up location and a firs drop-off location…; determining a first vehicle to transport one or more passengers; determining a second vehicle to transport one or more items; transmitting a first instruction to the first vehicle…; and transmitting a second instruction to the second vehicle…”, are recited as being performed by the processor. The processor is recited at a high level of generality. In the limitations “transmitting a first instruction to the first vehicle…; and transmitting a second instruction to the second vehicle”, the processor is using as a tool to perform the function of gathering and transmitting data. In the limitations “receiving a transportation request…; determining passenger data…and item data; determining a first prick-up location and a firs drop-off location…; determining a first vehicle to transport one or more passengers; determining a second vehicle to transport one or more items”, the processor is used to perform an abstract idea, as discussed above in Step 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f). The additional elements recite generic computer components the processor, a memory, and software programming instructions that are recited a high-level of generality that merely perform, conduct, carry out, implement, and/or narrow the abstract idea itself. Accordingly, the additional elements evaluated individually and in combination do not integrate the abstract idea into a practical application because they comprise or include limitations that are not indicative of integration into a practical application such as adding the words "apply it" (or an equivalent) with the judicial exception, or 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).
Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application (Step 2A, Prong Two: NO), and the claim is directed to the judicial exception (Step 2A, Prong One: YES).
Step 2B: This part of the eligibility analysis evaluates whether the claim as a whole, amounts to significantly more than the recited exception i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. See MPEP 2106.05.
The additional elements “transmitting a first instruction to the first vehicle” and “transmitting a second instruction to the second vehicle” were found to be insignificant extra-solution activity in Step 2A, Prong Two, because they were determined to be insignificant limitations as necessary data gathering and transmitting. However, a conclusion that an additional element is insignificant extra solution activity in Step 2A, Prong Two should be re-evaluated in Step 2B. See MPEP 2106.05, subsection I.A. At Step 2B, the evaluation of the insignificant extra-solution activity consideration takes into account whether or not the extra-solution activity is well understood, routine, and conventional in the field. See MPEP 2106.05(g).
As discussed in Step 2A, Prong Two above, the additional elements of “transmitting a first instruction to the first vehicle” and “transmitting a second instruction to the second vehicle” are recited at a high level of generality. These elements amount to gathering and displaying data over a network and are well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. The courts have recognized the following computer functions as well understood, routine, and conventional functions when they are claimed in a merely genetic manner (e.g., at a high level of generality) or as insignificant extra-solution activity: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).
As discussed in Step 2A, Prong Two above, the recitation of the processor to perform limitations “receiving a transportation request…; determining passenger data…and item data; determining a first prick-up location and a firs drop-off location…; determining a first vehicle to transport one or more passengers; determining a second vehicle to transport one or more items; transmitting a first instruction to the first vehicle…; and transmitting a second instruction to the second vehicle…”, amounts to no more than mere instructions to apply the exception using a generic computer component.
Even when considered in combination, these additional elements represent mere instructions to implement an abstract idea or other exception on a computer and insignificant extra-solution activity, which do not provide an inventive concept. Therefore, the claim is not patent eligible. (Step 2B: NO).
Regarding independent claims 7 and 16 Alice Corp. establishes that the same analysis should be used for all categories of claims. Therefore, independent claim 7 directed to a method, independent claim 16 directed to a medium, are also rejected as ineligible subject matter under 35 U.S.C. 101 for substantially the same reasons as independent claim 2 above.
Regarding dependent claims 3-6, 8-15, and 17-21, the dependent claims do not impart patent eligibility to the abstract idea of the independent claim. The dependent claims rather further narrow the abstract idea and the narrower scope does not change the outcome of the two-part Mayo test. Narrowing the scope of the claims is not enough to impart eligibility as it is still interpreted as an abstract idea, a narrower abstract idea.
Regarding dependent claim 3, the claim simply refines the abstract idea by further reciting wherein the first pick-up location and the second pick-up location are a same location, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 4, the claim simply refines the abstract idea by further reciting wherein the pick-up location are different locations…, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 5, the claim simply refines the abstract idea by further reciting wherein the first drop-off location and the second drop-off location are a same location…, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 6, the claim simply refines the abstract idea by further reciting wherein the first drop-off location is different than the second drop-off location…, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2.Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 8, the claim simply refines the abstract idea by further reciting wherein determining that at least two vehicles are required to serve the transportation request is based at least in part on: determining, based at least in part on the image data, at least one of a size of the item or an item type, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Moreover, the claim recites additional element “receiving, from a user device associated with the transportation request, image data of the item”, which is mere data gathering and transmitting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and outputting, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and transmitting. See MPEP 2106.05. Moreover, these additional elements do not provide any improvement to the technology, improvement to the functioning of the computer, improving the user device, it is just merely used as general means for collecting and transmitting data. (See claim 2 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 9, the claim simply refines the abstract idea by further reciting determining first route data for the first vehicle; determining second route data for the second vehicle, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Moreover, the claim recites the additional elements transmitting, to a user device associated with the transportation request, …the first route data and the second route data configured to be presented via a user interface associated with the user device, which are mere data gathering, transmitting and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and outputting, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering, transmitting and outputting. See MPEP 2106.05. Moreover, these additional elements do not provide any improvement to the technology, improvement to the functioning of the computer, improving the user device/user interface, they are just merely used as general means for collecting and outputting data. (See claim 2 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 10, the claim simply refines the abstract idea by further reciting wherein the first pick-up location and the second pick-up location are different location., that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 11, the claim simply refines the abstract idea by further reciting wherein the first drop-off location is different than the second drop-off location…., that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 12, the claim simply refines the abstract idea by further reciting determining …a first route for the first vehicle…; determining …a second route for the second vehicle…., that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 13, the claim simply refines the abstract idea by further reciting determining a first security classification…; determining a second security classification…., that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 14, the claim simply refines the abstract idea by further reciting wherein the passenger data includes a first pick-up time…., that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 15, the claim simply refines the abstract idea by further reciting receiving a passenger pick-up time…; determining…an item itinerary…; determining a cost…; that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Moreover, the claim recites the additional elements transmitting, to a user device associated with the transportation request…; …and receiving, from the user device, a selection of the item itinerary. which are mere data gathering, transmitting and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and outputting, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering, transmitting and outputting. See MPEP 2106.05. Moreover, these additional elements do not provide any improvement to the technology, improvement to the functioning of the computer, improving the user device, they are just merely used as general means for collecting and transmitting data. (See claim 2 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 17, the claim simply refines the abstract idea by further reciting wherein determining that at least two vehicles are required to serve the transportation request…, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 18, the claim simply refines the abstract idea by further reciting determining first route data for the first vehicle; determining second route data for the second vehicle, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Moreover, the claim recites the additional elements transmitting, to a user device associated with the transportation request, …the first route data and the second route data configured to be presented via a user interface associated with the user device, which are mere data gathering, transmitting and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and outputting, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering, transmitting and outputting. See MPEP 2106.05. Moreover, these additional elements do not provide any improvement to the technology, improvement to the functioning of the computer, improving the user device/user interface, they are just merely used as general means for collecting and outputting data. (See claim 2 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 19, the claim simply refines the abstract idea by further reciting receiving a passenger pick-up time…; determining…an item itinerary…; determining a cost…; that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Moreover, the claim recites the additional elements transmitting, to a user device associated with the transportation request…; …and receiving, from the user device, a selection of the item itinerary. which are mere data gathering, transmitting and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and outputting, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering, transmitting and outputting. See MPEP 2106.05. Moreover, these additional elements do not provide any improvement to the technology, improvement to the functioning of the computer, improving the user device, they are just merely used as general means for collecting and transmitting data. (See claim 2 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 20, the claim simply refines the abstract idea by further reciting wherein the first pick-up location and the second pick-up location are different locations…, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 21, the claim simply refines the abstract idea by further reciting wherein the first drop-off location is different than the second drop-off location…, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 2. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Therefore, none of the dependent claims alone or as an ordered combination add limitations that qualify as significantly more than the abstract idea.
Accordingly, claims 2-21 are not draw to eligible subject matter as they are directed to an abstract idea without significantly more and are rejected under 35 USC § 101 as being directed to non-statutory subject matter.
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 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 Rejections - 35 USC § 102
8. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
9. Claims 2-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Balva (US 2021/0142248).
Regarding to claim 2, Balva discloses a system comprising:
one or more processors (figure 9 and para [0069], Processor 902); and
one or more computer-readable media storing computer-executable instructions that, when executed, cause the one or more processors to perform operations comprising (figure 9 and para [0069], Memory 904):
receiving a transportation request associated with a passenger and an item (para [0013], providing of transportation in response to various requests. In particular, various embodiments provide approaches for selecting vehicles and optimizing routes for a combination of passenger transportation requests and cargo delivery requests. The passenger transportation requests can relate to the transportation of people (i.e., passengers) and the cargo delivery request can related to the delivery of animals, packages, or other objects, from an origination location to a destination location);
determining, based at least in part on the transportation request, passenger data indicating one or more passengers and item data indicating at least one of an item weight, an item size, and item type, or a number of items (para [0042], a passenger ride request may be associated with one or more conditions, such the number of passengers and an amount cargo that will be brought onboard; Other conditions may include preferences such as a preference for the passenger-only vehicle, no preference regarding riding with cargo, or no preference regarding riding with cargo as long as no deliveries are made during the passenger's trip. In some embodiments, cargo deliveries may also be associated with one or more conditions, such as size, weight, number of packages, and delivery constraints);
determining, based at least in part on the transportation request, a first pick-up location and a first drop-off location associated with the one or more passengers and a second pick-up location and a second drop-off location associated with the item (para [0023], In the example mapping 200 of FIG. 2A, a set of origination points 202 and destination points 204 indicate locations, over a determined period of time, between which one or more users would like to travel or between the pick-up and drop-off locations for cargo);
determining, based on at least in part on the passenger data, a first vehicle within a fleet of vehicles to transport the at least one passenger (para [0065], determining routes and selecting respective vehicle types for the routes, in accordance with various embodiments. In this example, anticipated passenger ride requests during a future period of time may be determined 702 based at least in part on historical route data, which may include records of previously received passenger and for the region or time of day. In some embodiments, a ride request of the anticipated ride requests may be associated with one or more conditions, including a preference for a passenger-only vehicle, no preference regarding riding with cargo, or no preference regarding riding with cargo as long as no deliveries are made);
determining, based on at least in part on the item data, a second vehicle within the fleet of vehicles to transport one or more items (para [0066], Anticipated cargo deliveries for the future period of time may be determined 704 as well. In some embodiments, each anticipated cargo delivery is associated with cargo specifications, including at least one of an origin, a destination, size, weight, number of packages, and delivery constraints);
transmitting a first instruction to the first vehicle, wherein the first vehicle is configured to utilize the first instruction to transport the one passenger from the first pick-up location to the first drop-off location (para [0058], When the routes and corresponding vehicles are determined, computer-readable instructions regarding the respective assigned routes may be sent 614 to the vehicles. In some embodiments, the instructions may be sent to an onboard computing system of the vehicles, such as a built-in computing system or a portable electronic device such as smart phone or tablet. In some embodiments, the computer-readable instructions cause vehicles to proactively relocate to within a determined distance of an origin location for the respective route); and
transmitting a second instruction to the second vehicle, wherein the second vehicle is configured to utilize the second instruction to transport the item from the second pick-up location to the second drop-off location (para [0058], When the routes and corresponding vehicles are determined, computer-readable instructions regarding the respective assigned routes may be sent 614 to the vehicles. In some embodiments, the instructions may be sent to an onboard computing system of the vehicles, such as a built-in computing system or a portable electronic device such as smart phone or tablet. In some embodiments, the computer-readable instructions cause vehicles to proactively relocate to within a determined distance of an origin location for the respective route).
Regarding to claim 3, Balva discloses the system of claim 2, wherein the first pick-up location and the second pick-up location are a same location (para [0066], some of the anticipated cargo deliveries may be associated with the same origin or the same destination, such as a post office or shipment receiving station).
Regarding to claim 4, Balva discloses the system of claim 2, wherein the first pick-up location and the second pick-up location are different location (para [0043], users can either suggest route information or provide information that corresponds to a route that would be desired by the user. This can include, for example, an origination location, a destination location, a desired pickup time, and a desired drop-off time. Other values can be provided as well, as may relate to a maximum duration or trip length, maximum number of stops, allowable deviations, and the like);
wherein the first instruction comprises the first pick-up location and a first identifier associated with the at least one passenger (para [0043], users can either suggest route information or provide information that corresponds to a route that would be desired by the user. This can include, for example, an origination location, a destination location, a desired pickup time, and a desired drop-off time. Other values can be provided as well, as may relate to a maximum duration or trip length, maximum number of stops, allowable deviations, and the like); and
wherein the second instruction comprises the second pick-up location and a second identifier associated with the item data (para[0023], set of origination points 202 and destination points 204 indicate locations, over a determined period of time, between which one or more users would like to travel or between the pick-up and drop-off locations for cargo).
Regarding to claim 5, Balva discloses the system of claim 2, wherein the first drop-off location and the second drop-off location are a same location (para [0066], some of the anticipated cargo deliveries may be associated with the same origin or the same destination, such as a post office or shipment receiving station).
Regarding to claim 6, Balva discloses the system of claim 2, wherein the first drop-off location is different than the second drop-off location (para [0043], users can either suggest route information or provide information that corresponds to a route that would be desired by the user. This can include, for example, an origination location, a destination location, a desired pickup time, and a desired drop-off time. Other values can be provided as well, as may relate to a maximum duration or trip length, maximum number of stops, allowable deviations, and the like);
wherein the first instruction comprises the first drop-off location and a first identifier associated with the at least one passenger (para [0043], users can either suggest route information or provide information that corresponds to a route that would be desired by the user. This can include, for example, an origination location, a destination location, a desired pickup time, and a desired drop-off time. Other values can be provided as well, as may relate to a maximum duration or trip length, maximum number of stops, allowable deviations, and the like); and
wherein the second instruction comprises the second drop-off location and a second identifier associated with the item data (para[0023], set of origination points 202 and destination points 204 indicate locations, over a determined period of time, between which one or more users would like to travel or between the pick-up and drop-off locations for cargo).
Regarding to claim 7, Balva discloses a method comprising:
receiving a transportation request associated with a passenger and an item (para [0013], providing of transportation in response to various requests. In particular, various embodiments provide approaches for selecting vehicles and optimizing routes for a combination of passenger transportation requests and cargo delivery requests. The passenger transportation requests can relate to the transportation of people (i.e., passengers) and the cargo delivery request can related to the delivery of animals, packages, or other objects, from an origination location to a destination location);
determining, based at least in part on the transportation request, passenger data associated with the passenger and item data associated with the item (para [0042], a passenger ride request may be associated with one or more conditions, such the number of passengers and an amount cargo that will be brought onboard; Other conditions may include preferences such as a preference for the passenger-only vehicle, no preference regarding riding with cargo, or no preference regarding riding with cargo as long as no deliveries are made during the passenger's trip. In some embodiments, cargo deliveries may also be associated with one or more conditions, such as size, weight, number of packages, and delivery constraints);
determining, based at least in part on the transportation request, a first pick-up location and a first drop-off location associated with the passenger and a second pick-up location and a second drop-off location associated with the item (para [0065], determining routes and selecting respective vehicle types for the routes, in accordance with various embodiments. In this example, anticipated passenger ride requests during a future period of time may be determined 702 based at least in part on historical route data, which may include records of previously received passenger and for the region or time of day. In some embodiments, a ride request of the anticipated ride requests may be associated with one or more conditions, including a preference for a passenger-only vehicle, no preference regarding riding with cargo, or no preference regarding riding with cargo as long as no deliveries are made; para [0066], Anticipated cargo deliveries for the future period of time may be determined 704 as well. In some embodiments, each anticipated cargo delivery is associated with cargo specifications, including at least one of an origin, a destination, size, weight, number of packages, and delivery constraints);
determining that at least two vehicles are required to serve the transportation request (para [0067], One or more routes for one or more vehicles may be determined 706 based at least in part on the passenger ride requests and the cargo deliveries. The one or more vehicles may be selected from at least one cargo-only vehicle, at least one passenger-only vehicle, and at least one mixed cargo and passenger vehicle. The passenger-only vehicles may include vehicles of different passenger capacities, such as having 4 seats, 7 seats, 10 sets, etc. Similarly, the cargo-only vehicles may include vehicles of different cargo capacities);
transmitting a first instruction to a first vehicle, wherein the first vehicle is configured to utilize the first instruction to transport the passenger from the first pick-up location to the first drop-off location (para [0058], When the routes and corresponding vehicles are determined, computer-readable instructions regarding the respective assigned routes may be sent 614 to the vehicles. In some embodiments, the instructions may be sent to an onboard computing system of the vehicles, such as a built-in computing system or a portable electronic device such as smart phone or tablet. In some embodiments, the computer-readable instructions cause vehicles to proactively relocate to within a determined distance of an origin location for the respective route).; and
transmitting a second instruction to a second vehicle, wherein the second vehicle is configured to utilize the second instruction to transport the item from the second pick-up location to the second drop-off location (para [0058], When the routes and corresponding vehicles are determined, computer-readable instructions regarding the respective assigned routes may be sent 614 to the vehicles. In some embodiments, the instructions may be sent to an onboard computing system of the vehicles, such as a built-in computing system or a portable electronic device such as smart phone or tablet. In some embodiments, the computer-readable instructions cause vehicles to proactively relocate to within a determined distance of an origin location for the respective route).
Regarding to claim 8, Balva discloses the method of claim 7, wherein determining that at least two vehicles are required to serve the transportation request is based at least in part on:
receiving, from a user device associated with the transportation request, image data of the item (para [0058], The set of proactive ride requests may be submitted 608 with a set of actual passenger requests and cargo requests, to a vehicle selection and route determination system. Thus, a set of routes for the future period of time may be determined 610. The set of routes may include a combination of passenger-only routes, cargo-only routes, and routes with both passengers and cargo); and
determining, based at least in part on the image data, at least one of a size of the item or an item type (para [0042], cargo deliveries may also be associated with one or more conditions, such as size, weight, number of packages, and delivery constraints).
Regarding to claim 9, Balva discloses the method of claim 7, the further comprising:
determining a first route data for the first vehicle (para [0058], Thus, a set of routes for the future period of time may be determined 610. The set of routes may include a combination of passenger-only routes, cargo-only routes, and routes with both passengers and cargo); and
determining a second route data for the second vehicle (para [0058], The routes may be assigned 612 to certain vehicles, in which the vehicles including at least one of a cargo-only vehicle, a passenger-only vehicle, and a mixed cargo and passenger vehicle. The vehicle selected for each route may be based on the type of route. For example, a passenger-only vehicle may be assigned to a route that only includes passenger ride requests and no cargo requests. Similarly, a cargo-only vehicle may be assigned to a route that only includes cargo requests. A mixed passenger and cargo vehicle may be assigned to a route that includes both passengers and cargo);
transmitting, to a user device associated with the transportation request, the first route data and the second route data, the first route data and the second route data configured to be presented via a user interface associated with the user device (para [0018], FIG. 1 illustrates an example environment 100 in which aspects of the various embodiments can be implemented. In this example, a user can request transportation from an origination to a destination location using, for example, an application executing on a client computing device 110; para [0040], The interface layer can include interfaces (such as application programming interfaces), routers, load balancers, and other components useful for receiving and routing requests or other communications received to the service provider environment. The interfaces, and content to be displayed through those interfaces, can be provided using one or more content servers capable of serving content (such as web pages or map tiles) stored in a content repository 412 or other such location);
Regarding to claim 10, Balva discloses the method of claim 7, wherein the first pick-up location and the second pick-up location are different location (para [0043], users can either suggest route information or provide information that corresponds to a route that would be desired by the user. This can include, for example, an origination location, a destination location, a desired pickup time, and a desired drop-off time. Other values can be provided as well, as may relate to a maximum duration or trip length, maximum number of stops, allowable deviations, and the like);
wherein the first instruction comprises the first pick-up location and a first identifier associated with the at least one passenger (para [0043], users can either suggest route information or provide information that corresponds to a route that would be desired by the user. This can include, for example, an origination location, a destination location, a desired pickup time, and a desired drop-off time. Other values can be provided as well, as may relate to a maximum duration or trip length, maximum number of stops, allowable deviations, and the like); and
wherein the second instruction comprises the second pick-up location and a second identifier associated with the item data (para[0023], set of origination points 202 and destination points 204 indicate locations, over a determined period of time, between which one or more users would like to travel or between the pick-up and drop-off locations for cargo).
Regarding to claim 11, Balva discloses the method of claim 7, wherein the first drop-off location is different than the second drop-off location (para [0043], users can either suggest route information or provide information that corresponds to a route that would be desired by the user. This can include, for example, an origination location, a destination location, a desired pickup time, and a desired drop-off time. Other values can be provided as well, as may relate to a maximum duration or trip length, maximum number of stops, allowable deviations, and the like);
wherein the first instruction comprises the first drop-off location and a first identifier associated with the at least one passenger (para [0043], users can either suggest route information or provide information that corresponds to a route that would be desired by the user. This can include, for example, an origination location, a destination location, a desired pickup time, and a desired drop-off time. Other values can be provided as well, as may relate to a maximum duration or trip length, maximum number of stops, allowable deviations, and the like); and
wherein the second instruction comprises the second drop-off location and a second identifier associated with the item data (para[0023], set of origination points 202 and destination points 204 indicate locations, over a determined period of time, between which one or more users would like to travel or between the pick-up and drop-off locations for cargo).
Regarding to claim 12, Balva discloses the method of claim 7, further comprising:
determining, based at least in part on the transportation request, a first route for the first vehicle from a first pick-up location and the first drop-off location (para [0065], FIG. 7 illustrates an example process 700 for determining routes and selecting respective vehicle types for the routes, in accordance with various embodiments. In this example, anticipated passenger ride requests during a future period of time may be determined 702 based at least in part on historical route data, which may include records of previously received passenger and for the region or time of day. In some embodiments, a ride request of the anticipated ride requests may be associated with one or more conditions, including a preference for a passenger-only vehicle, no preference regarding riding with cargo, or no preference regarding riding with cargo as long as no deliveries are made);
determining, based at least in part on the transportation request, a second route for the second vehicle from a second pick-up location to the second drop-off location, (para [0066], Anticipated cargo deliveries for the future period of time may be determined 704 as well. In some embodiments, each anticipated cargo delivery is associated with cargo specifications, including at least one of an origin, a destination, size, weight, number of packages, and delivery constraints. The anticipated cargo deliveries may be previously scheduled or known prior to the future time, such as a list of deliveries that need to be made, and thus represent real known deliveries that are to be made);
wherein the first route and the second route are different routes (para [0066], some of the anticipated cargo deliveries may be associated with the same origin or the same destination, such as a post office or shipment receiving station. In some embodiments, the origin and destination of the anticipated cargo deliveries may be different points on a route of the one or more routes).
Regarding to claim 13, Balva discloses the method of claim 12, further comprising:
determining a first security classification associated with the passenger, wherein determining the first route is based at least in part on the first security classification (para [0013], The passenger transportation requests can relate to the transportation of people (i.e., passengers) and the cargo delivery request can related to the delivery of animals, packages, or other objects, from an origination location to a destination location. There may also be sub-categories of requests that may have different restrictions or requirements, as may include transportation for individuals, riders associated with private companies or entities, as well as transportation paid for by a public entity, such as a local transportation authority); and
determining a second security classification associated with the item, wherein determining the second route is based at least in part on the second security classification (para [0013], the sub-categories can also include differences for packages or transport, where a general category might include general capacity for boxes and conventional packages, while other types of cargo may relate to live animals, plants, or other types of items that may require special types of capacity).
Regarding to claim 14, Balva discloses the method of claim 7, wherein the passenger data includes a first pick-up time and the item data includes a second pick-up time different from the first pick-up time (para [0043], users can either suggest route information or provide information that corresponds to a route that would be desired by the user. This can include, for example, an origination location, a destination location, a desired pickup time, and a desired drop-off time. Other values can be provided as well, as may relate to a maximum duration or trip length, maximum number of stops, allowable deviations, and the like);
wherein the first instruction comprises the first pick-up time and a first identifier associated with the passenger (para [0043], users can either suggest route information or provide information that corresponds to a route that would be desired by the user. This can include, for example, an origination location, a destination location, a desired pickup time, and a desired drop-off time. Other values can be provided as well, as may relate to a maximum duration or trip length, maximum number of stops, allowable deviations, and the like); and
wherein the second instruction comprises the second pickup-time and a second identifier associated with the item (para[0023], set of origination points 202 and destination points 204 indicate locations, over a determined period of time, between which one or more users would like to travel or between the pick-up and drop-off locations for cargo).
Regarding to claim 15, Balva discloses the method of claim 7, the operations further comprising:
receiving a passenger pick-up time associated with the transportation request (para [0043], users can either suggest route information or provide information that corresponds to a route that would be desired by the user. This can include, for example, an origination location, a destination location, a desired pickup time, and a desired drop-off time);
determining, based at least in part on the passenger pick-up time, an item itinerary including an item pick-up time (para [0044], the route generation module 418 can generate a set of routing options and assigned vehicle type based on the received requests or scheduled deliveries for a specified area over a specified period of time. A route optimization module 420 can perform an optimization process using the provided routing options to determine an appropriate set of routes to provide in response to the various requests. Such an optimization can be performed for each received request, in a dynamic routing system, or for a batch of requests, where users submit requests and then receive routing options at a later time);
determining a cost associated with the item itinerary (para [0043], an option can be provided for each request, and a pricing manager 422 can determine the cost for a specific request using pricing data and guidelines from a price repository 424, which the user can then accept or reject);
transmitting, to a user device associated with the transportation request, the item itinerary including the item pick-up time and the cost (para [0018], FIG. 1 illustrates an example environment 100 in which aspects of the various embodiments can be implemented. In this example, a user can request transportation from an origination to a destination location using, for example, an application executing on a client computing device 110); and
receiving, from the user device, a selection of the item itinerary (figure 1 and para [0021], a given user can enter an origination location 112 and a destination location 114, either manually or from a set of suggested locations 116, among other such options, such as by selecting from a map 118 or other interface element. In other embodiments, source such as a machine learning algorithm or artificial intelligence system can select the appropriate locations based on relevant information, such as historical user activity, current location, and the like).
Claims 16-21 are written in non-transitory computer-readable media and contain the same limitations found in claims 7-9, 15, and 10-11 above, therefore, are rejected by the same rationale.
Conclusion
10. Claims 2-21 are rejected.
11. The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure:
Urmson et al. (US 2023/0410241) disclose the technology relates to facilitating transportation services between a user and a vehicle having an autonomous driving mode.
Rao et al. (US 2023/0408275) disclose systems and methods for providing user control of alternate routes. In example embodiments, a networked system receives a ride request from a user that indicates a drop-off location.
Lyle et al. (US 11,774,262) disclose systems and methods for transportation management are capable of providing a recommendation to a user on a mode of transportation to travel from a start location to a destination location.
Laetz (US 11,217,101) discloses a method and system for management and anticipatory deployment of autonomously controlled vehicles
Leary et all (US 2021/0080279) disclose technologies for providing real-time visualizations of a behavior of an autonomous vehicle (AV) associated with a ride request.
Ramalingam et al. (US 2018/0275648) disclose a system and method for sharing passengers among vehicles, configured to communicate a vehicle sharing request including first seat mapping information and first route information associated with the first vehicle to at least one remaining vehicle of the plurality of vehicles.
Neubecker et al. (US 2016/0018230) disclose a vehicle system includes a navigation engine, a communication interface, and a processing device.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to examiner NGA B NGUYEN whose telephone number is (571) 272-6796. The examiner can normally be reached on Monday-Friday 7AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Beth Boswell can be reached on (571) 272-6737. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NGA B NGUYEN/Primary Examiner, Art Unit 3625
February 17, 2026