Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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.
DETAILED ACTION
Claim Objections
Claims 23, 24 and 25 reference claim 1, but does not properly depend from claim 1 because the instructions can exist without performance of any of the method steps. Here, claim 1 is a method but claim 23, 24 are apparatus, and the apparatus claim can be met without necessarily practicing the method. MPEP 608.01(n)(III) addresses the “test for proper dependency.”
MPEP 607(III) states:
Any claim which is in dependent form but which is so worded that it, in fact, is not a proper dependent claim, as for example it does not include every limitation of the claim on which it depends, will be required to be canceled as not being a proper dependent claim; and cancellation of any further claim depending on such a dependent claim will be similarly required. The applicant may thereupon amend the claims to place them in proper dependent form, or may redraft them as independent claims, upon payment of any necessary additional fee.
Claims 23, 24 are such a claim because it is directed to a system rather than a method as in referenced claim 1. MPEP 608.01(n)(III). While, in the interest of compact prosecution, claims 23, 24-25 have been examined, claims 23, 24-25 are required to be cancelled.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-3, 5-11, 14-16, 18-25 are rejected under 35 U.S.C. § 101 because the instant application is directed to non-patentable subject matter. Specifically, the claims are directed toward at least one judicial exception without reciting additional elements that amount to significantly more than the judicial exception. The rationale for this determination is in accordance with the guidelines of USPTO, applies to all statutory categories, and is explained in detail below.
When considering subject matter eligibility under 35 U.S.C. 101, (1) it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. If the claim does fall within one of the statutory categories, (2a) it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so (2b), it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself. Examples of abstract ideas include fundamental economic practices; certain methods of organizing human activities; an idea itself; and mathematical relationships/formulas, (groups a, b - 2019 PEG)
STEP 1. Per Step 1 of the two-step analysis, the claims are determined to include a method, as in independent Claim 1 and in the therefrom dependent claims. Such terminals fall under the statutory category of "process." Therefore, the claims are directed to a statutory eligibility category.
Step 2A: The invention is directed to hitching a trailer to a towing vehicle which is akin to fundamental a method of organizing human activity (see Alice), As such, the claims include an abstract idea. When considering the limitations individually and as a whole the limitations directed to the abstract idea are:
capturing an image of the trailer via a camera on a tractor vehicle, wherein the camera faces rearward with respect to the tractor vehicle;
identifying the trailer in the captured image of the trailer; and,
determining a height of the trailer identified in the captured image, wherein the height is a distance between a bottom edge of the trailer and a ground on which the trailer is disposed.
In the instant case, Claim 1 is directed to above mentioned abstract idea. Technical functions such as sending, receiving, displaying and processing data are common and basic functions in computer technology. The individual limitations are recited at a high level and do not provide any specific technology or techniques to perform the functions claimed.
This judicial exception is not integrated into a practical application. The elements are recited at a high level of generality, i.e. a generic computing system performing generic functions including generic processing of data. Accordingly the additional elements do not integrate the abstract into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Therefore the claims are directed to an abstract idea. (2019 Revised Patent Subject Matter Eligibility Guidance ("2019 PEG"). Thus, under Step 2A of the Mayo framework, the Examiner holds that the claims are directed to concepts identified as abstract.
STEP 2B.
Because the claims include one or more abstract ideas, the examiner now proceeds to Step 2B of the analysis, in which the examiner considers if the claims include individually or as an ordered combination limitations that are "significantly more" than the abstract idea itself. This includes analysis as to whether there is an improvement to either the "computer itself," "another technology," the "technical field," or significantly more than what is "well-understood, routine, or conventional" in the related arts.
The instant application includes in Claim 1 no additional steps to those deemed to be abstract idea(s).
The additional elements recited in the claim beyond the abstract idea include no additional elements.
Looking to MPEP 2106.05 (d), based on court decisions well understood, routine and conventional computer functions or mere instruction and/or insignificant activity have been identified to include: 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); TU Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); O/P Techs., /no., 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); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPG2d 1097,
1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result-a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink," (emphasis added)}; Insignificant intermediate or post solution activity -See Bilski v. Kappos, 581 U.S. 593, 611 -12, 95 USPQ2d 1001,1010 (2010) (well-known random analysis techniques to establish the inputs of an equation were token extra-solution activity); In Bilski referring to Flook, where Flook determined that an insignificant post-solution activity does not makes an otherwise patent ineligible claim patent eligible. In Bilski, the court added to Flook that pre-solution (such as data gathering) and insignificant step in the middle of a process (such as receiving user input) to be equally ineffective. The specification and Claim does not provide any specific process with respect to the display output that would transform the function beyond what is well understood. Like as found in Electric Power Group, Bilski, the technical process to implement the input and display functions are conventional and well understood.
In addition, when the claims are taken as a whole, as an ordered combination, the combination of steps does not add "significantly more" by virtue of considering the steps as a whole, as an ordered combination. The instant application, therefore, still appears only to implement the abstract idea to the particular technological environments using what is well-understood, routine, and conventional in the related arts. The steps are still a combination made to the abstract idea. The additional steps only add to those abstract ideas using well-understood and conventional functions, and the claims do not show improved ways of, for example, an unconventional non-routine functions for authorizing the timing of a payment and to activate a display screen based on a trigger or camera functions that could then be pointed to as being "significantly more" than the abstract ideas themselves. Moreover, Examiner was not able to identify any "unconventional" steps, which, when considered in the ordered combination with the other steps, could have transformed the nature of the abstract idea previously identified. The instant application, therefore, still appears to only implement the abstract ideas to the particular technological environments using what is well-understood, routine, and conventional in the related arts.
Further, note that the limitations, in the instant claims, are done by the generically recited computing devices. The limitations are merely instructions to implement the abstract idea on a computing device and require no more than a generic computing devices to perform generic functions.
CONCLUSION
It is therefore determined that the instant application not only represents an abstract idea identified as such based on criteria defined by the Courts and on USPTO examination guidelines, but also lacks the capability to bring about "Improvements to another technology or technical field" (Alice), bring about "Improvements to the functioning of the computer itself" (Alice), "Apply the judicial exception with, or by use of, a particular machine" (Bilski), "Effect a transformation or reduction of a particular article to a different state or thing" (Diehr), "Add a specific limitation other than what is well-understood, routine and conventional in the field" (Mayo), "Add unconventional steps that confine the claim to a particular useful application" (Mayo), or contain "Other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment" (Alice), transformed a traditionally subjective process performed by humans into a mathematically automated process executed on computers (McRO), or limitations directed to improvements in computer related technology, including claims directed to software (Enfish).
The remaining dependent claims—which impose additional limitations—also fail to claim patent-eligible subject matter because the limitations cannot be considered statutory. In reference to the dependent claims, these dependent claim have also been reviewed with the same analysis as independent claim 1. The dependent claim(s) have been examined individually and in combination with the preceding claims, however they do not cure the deficiencies of claim 1; where all claims are directed to the same abstract idea, "addressing each claim of the asserted patents [is] unnecessary." Content Extraction &. Transmission LLC v, Wells Fargo Bank, Natl Ass'n, 776 F.3d 1343, 1348 (Fed. Cir. 2014). If applicant believes the dependent claims are directed towards patent eligible subject matter, they are invited to point out the specific limitations in the claim that are directed towards patent eligible subject matter. Claims for the other statutory classes are similarly analyzed.
Please note that claims 4, 12, 17 are not rejected under 35 USC 101 as it recites a practical application.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1-3, 5, 7-8, 11, 13-16, 18, 20-25 are rejected under 35 USC 102 as being anticipated by 2024/0359690, Li
1. A method for determining a height of a trailer, the method comprising:
capturing an image of the trailer via a camera on a tractor vehicle, wherein the camera faces rearward with respect to the tractor vehicle; (Li claim 1, rear facing camera)
identifying the trailer in the captured image of the trailer; and, (Li claim 1, identify trailer coupler)
determining a height of the trailer identified in the captured image, wherein the height is a distance between a bottom edge of the trailer and a ground on which the trailer is disposed. (Li claim 1, determines spatial relationship, between the hitch ball and coupler, which is a height of the trailer off the ground)
Claims 8, 14, 23-24 are rejected under similar rationales.
2. The method of claim 1 further comprising comparing the determined height of the trailer to a predetermined height threshold or height range for hitching the trailer to a truck. (Li claim 1, determines spatial relationship, between the hitch ball and coupler to allow the trailer to be hitched)
Claim 15 is rejected under a similar rationale.
3. The method of claim 2, further comprising alerting a driver if the determined height of the trailer is below the predetermined height threshold or is outside the height range. (Li claim 1, determines spatial relationship, between the hitch ball and coupler to allow the trailer to be hitched, note that the lack of alignment is considered a warning to the driver that the heights are not correct)
Claim 16 is rejected under a similar rationale.
5. The method of claim 1 further comprising displaying a camera feed and at least one of a height threshold and a height range on a display for a driver. (LI ¶29 displays the camera feed and alignment)
Claim 18 is rejected under a similar rationale.
7. The method of claim 1, wherein the trailer and the towing vehicle are disposed on a surface having a slope and the slope is taken into account when determining the height of the trailer. (Note that Li is on all terrain, which would include slopes. Further, the height of the hitch would necessarily change based on a slope and to create the coupling, the slope would be accounted for)
Claim 21 is rejected under a similar rationale.
11. The method of claim 8 further comprising comparing the determined height of the bottom edge to a threshold value to determine whether the trailer is within an appropriate height range to be hitched to a fifth wheel of a towing vehicle. (Li Fig 3b a height is determined for to make sure that the ball does not impact the hitch)
13. The method of claim 8 further comprising displaying a video feed from the camera to the driver, wherein a detected pixel range of the bottom edge of the trailer and a reference pixel range indicating an appropriate height of the bottom edge of the trailer for hitching the trailer to the towing vehicle are superimposed onto the video feed. (Li Fig 4B superimposes where the trailer should be hitched to the trailer on the video feed)
20. The system of claim 14, wherein said height determination module is configured to determine the height of the trailer when the truck vehicle is within 3 meters of the trailer. (Li constantly determines the height and alignment of the hitch and thus would do so within 3 meters of the trailer)
25. The tractor vehicle of claim 24, wherein the tractor vehicle is a terminal tractor. (This claim is given little patentable weight as the wherein clause merely describes an intended place of use of the tractor)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4, 12, 17 are rejected under 35 USC 103 as being unpatentable over Li.
Li does not explicitly disclose
4. The method of claim 2 further comprising braking the tractor vehicle if the tractor vehicle is backing up towards the trailer and the determined height of the trailer is below the predetermined height threshold or is outside of the height range.
However, Li ¶4 describes a vehicle that autonomously backs up to a position to where the hitch items are in alignment. Therefore, it would be obvious to brake the vehicle to stop the backing up for the purposes of not causing damage to either vehicle when the hitching components are not in alignment.
Claims 12, 17 are rejected for a similar rationale.
Li does not disclose
19. The system of claim 18, wherein at least one of a predetermined height threshold or a height range is displayed on the dashboard along with said feed from said camera.
However, Li ¶23 discloses video output and it would have been obvious to include the height threshold/range in the video overlay for the purposes of providing additional information to the driver to assist in the mating of the trailer to the towing vehicle.
Claims 9 and 10 are rejected under 35 USC 103 as being unpatentable over Li in view of CN115050007B (hereafter CN007)
Li does not disclose
9. The method of claim 8, wherein the height is determined at a plurality of locations of the bottom edge and the determined heights are averaged to provide an average determined height.
However CN007 at page 5 discloses using a point cloud average of heights (Z). It would have been obvious to modify the system of Li to use an average height for the purposes of using a central tendency rather than a single point.
10. The method of claim 8, wherein the bottom edge is isolated via at least one of point-cloud data and image edge detection. (CN007 page 5 discloses the use of a point cloud.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ming Shui whose telephone number is (303)297-4247. The examiner can normally be reached on 7-5 Pacific Time, M-Th.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Greg Morse can be reached on 571-272-3838. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Ming Shui/
Primary Examiner, Art Unit 2663
Prosecution Insights