DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
This is a non-final rejection in response to U.S. Patent Application No. 18/913,126 filed on October 11, 2024. This application is a continuation of U.S. Patent Application No. 17/644,312, filed on December 14, 2021, now U.S. Patent No. 12,143,459 B2, which is a continuation of U.S. Patent Application No. 15/724,069, filed on October 3, 2017, now abandoned. Claims 1-20 are pending and have been examined.
Information Disclosure Statement
The Information Disclosure Statement submitted by the Applicant on October 11, 2024 is in compliance with the provisions of 37 CFR 1.97 and has been considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. § 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1- 20 are rejected pursuant to 35 USC § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 - Statutory Class
Claims 1-8 are directed to a method. Claims 9-16 are directed to a vehicle. Claims 17 -20 are directed to one or more non-transitory computer-readable media storing instructions. Therefore, on its face, each of the claims is directed to a statutory class of invention.
Step 2A, Prong 1 – Abstract Idea
Claim 9 recites detecting a first speed pattern of a vehicle while the vehicle traverses a first path over a first period of time; determining, based on the first speed pattern, a driving behavior exhibited by the vehicle over the first period; accessing stored information indicating a second speed pattern exhibited by the vehicle while the vehicle traversed a second path over a second period of time prior to the first period; determining, based on the first speed pattern and the second speed pattern, a value representing a consistency of the driving behavior exhibited over the first period; and providing, based on the value, feedback data representing the driving behavior. Claim 9 recites the abstract idea of detecting a first speed pattern of a vehicle while the vehicle traverses a first path over a first period of time and determining a driving behavior exhibited by the vehicle over the first period, accessing stored information indicating a second speed pattern exhibited by the vehicle while the vehicle traversed a second path over a second period of time prior to the first period, determining a value representing a consistency of the driving behavior exhibited over the first period and providing feedback data representing the driving behavior which amounts to fundamental economic practices including mitigating risk falling under Certain Methods of Organizing Human Activity enumerated in MPEP 2106.04(a). Claims 1 and 17 recite the same abstract idea.
Step 2A, Prong 2 – Practical Application
Claim 9 recites a vehicle comprising a speed sensor, one or more processors and one or more non-transitory computer-readable media storing computer-executable instructions and a feedback device carried by the vehicle. The additional elements are recited at a high level of generality and are being used as tools to implement the abstract idea. They do not integrate the abstract idea into a practical application. They do not provide improvements to the functioning of a computer or to technology because they only manipulate data. The claims do not invoke a particular machine as our guidance is clear that a generic computer is not the particular machine envisioned, they do not transform matter as they only manipulate data which is not matter.
Step 2B – Significantly more
As set forth in the discussion in Step 2A, Prong 2, above, the additional elements are recited at a high level of generality and are being used as tools to implement the abstract idea. They do not integrate the abstract idea into a practical application. They do not provide improvements to the functioning of a computer or to technology because they only manipulate data. Based on the aforementioned, the additional elements do not add significantly more to the abstract idea.
Dependent claims
Claims 2, 10 and 18 (determining the driving behavior comprises: detecting, using a telematics sensor of the vehicle, a first distance between the vehicle and a second vehicle while the vehicle traverses the first path over the first period of time; and determining the value based on the first distance), Claims 3, 11 and 19 (determining the driving behavior comprises: detecting, using an accelerometer of the vehicle, a first acceleration of the vehicle while the vehicle traverses the first path over the first period of time; and determining the value based on the first acceleration), Claim 4, 12 and 20 (providing the executable instruction comprises: determining that the value exceeds a threshold), Claim 5 (the feedback device comprises an on-board computer carried by the vehicle), Claim 6 (the feedback device comprises a field-programmable gate array), Claim 7 (the value represents a frequency of the driving behavior) and Claim 8 (the feedback device is configured to provide at least one of haptic feedback, audible feedback, or visual feedback) contain additional elements (which are underlined above) that are recited at a high level of generality and used as tools to implement the abstract idea and/or further define and add specificity to the abstract idea. Thus, the dependent claims also fail to integrate the abstract idea into a practical application or add significantly more.
As such, Claims 1- 20 are not patent eligible.
No Prior Art Rejection
A search of the prior art has not identified references that, either alone or in combination, teach or render obvious the claimed limitations. Accordingly, there is no art rejection provided for Claims 1-20.
The closest prior art of record US 2015/0187013 A1, Adams discloses a system configured to determine an insurance premium associated with an account that covers at least one vehicle and at least one driver comprising a computer memory that stores biographical information; a processor that receives information associated with telematics data associated with at least one of the vehicle(s), concerning use of the at least one vehicle(s); the processor further configured to determine discrete segments of use by at least one vehicle(s), and to determine a driver signature associated with each of the discrete segments of use; the processor further configured to generate a driver risk assessment responsive to the at least one of the discrete segments of use; the processor further configured to calculate pricing information based at least in part on the at least one risk assessment and the biographical information; and a transmitter configured to transmit the pricing information to a user device or user transmission device.
The closest prior art of record US 2017/0021764 A1 Adams discloses a system and method configured to monitor use conditions of a vehicle and provide feedback to a user of the vehicle to maintain use within certain parameters is described. The description includes a plurality of sensors located proximate to the vehicle, each sensor configured to monitor at least one vehicle parameter, the plurality of sensors selected from an accelerometer, speed, temperature, mileage, oil level, oil pressure, run-time and location sensors, each sensor generating a signal encapsulating the monitored vehicle parameter and transmitting the generated signal to a control unit. The description includes a control unit that receives the generated signal from each of a plurality of sensors, the control unit including a memory that stores the received signal and selectively combines the received signal with other signals received from others of the plurality of sensors. The description includes a first transmitter coupled to the control unit capable of transmitting the combined signal. The description includes a second transceiver remote from the vehicle that receives a transmitted condition, and compares that condition to received conditions from other vehicles and provides feedback to adjust the use of the vehicle based on the comparison, and a user interface for providing feedback to a user including at least one of visual indication, audible indication, and physically altering the use of the vehicle. The description includes coupling of the plurality of sensors to the control unit with a controller area bus (CAN). The first transmitter may transmit over an RF network.
The closest prior art of record US 9,129,460 B2, McClellan et al., discloses a system and method for providing feedback to drivers. The system monitors selected vehicle parameters while a vehicle is being driven, and detects one or more vehicle operation violations by comparing the selected vehicle parameters to predetermined thresholds. A mentoring message is provided to the driver if the threshold is exceeded. Ifa vehicle operation violation has not been corrected within a preselected time period, then a violation report may be sent to a third party or a central server and/or a different mentoring message may be provided to the driver. Vehicle parameter data may be monitored from an on-board vehicle diagnostic system. The mentoring message may be an audible warning, such as a spoken message, or a visual warning, such as a text message. The selected vehicle parameters may be a vehicle speed, a vehicle acceleration, or a vehicle seatbelt use.
The closest prior art of record US 11,242,064 B1, Ferguson, discloses systems and methods of analyzing a target vehicle based on other vehicles. One or more computing devices may receive monitoring vehicle driving data collected from vehicle operation sensors within at least one monitoring vehicle by a telematics device. The one or more computing devices may further receive target vehicle driving data from the telematics device of the at least one monitoring vehicle. The one or more computing devices may determine a driving behavior associated with the target vehicle based on an analysis of the monitoring vehicle driving data and the target vehicle driving data. The one or more computing devices may calculate one or more driver scores based on the driving behavior.
The closest prior art of record US 10,789,663 B1, Irey, discloses a system that may include a telematics device associated with a vehicle having one or more sensors arranged therein, a first computing device associated with a driver of the vehicle, and a driving behaviors analysis server, comprising hardware including a processor and memory. The driving behaviors analysis server may receive, from the one or more sensors and via the telematics device, driving data of the driver of the vehicle and identify one or more driving behaviors of the driver over a predetermined period of time. The driving behaviors analysis server may then determine one or more of the driving behaviors to be indicative of unsafe driving by the driver. Further, based on the determination of unsafe driving behaviors, the driving behaviors analysis server may transmit, to the first computing device, a message on behalf of an insurance provider, recommending the driver to stop or limit driving.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE PROIOS whose telephone number is (571)272-4573. The examiner can normally be reached M-F 8-5.
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/GEORGE N. PROIOS/Examiner, Art Unit 3694
/BENNETT M SIGMOND/Supervisory Patent Examiner, Art Unit 3694