DETAILED ACTION
This communication is in response to the amendment/remarks filed 25 June 2025.
Claims 1-5 have been amended. Claims 6-10 have been added.
Claims 1-10 are currently pending.
Claims 1-10 are rejected.
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 .
Response to Amendment/Remarks
Regarding 35 USC § 101, Applicant’s arguments have been fully considered but are not persuasive. Applicant argues that “amended claim 2 does not merely recite “certain methods of organizing human activity” because amended claim 1 recites the specific technical steps of communicating with a plurality of vehicles over a network to acquire positional information and to transmit instructions based on the positional information to control the plurality of vehicles, and therefore qualifies as patent-eligible subject matter in the context of Step 2A, Prong I. Remarks at 7. Receiving information about mobile billboards and transmitting advertising content to the mobile billboards are steps that squarely fit into the abstract idea groupings which include advertising activities. The “technical” nature of these steps is evaluated in further steps in the analysis.
Under Step 2A, Prong II, Applicant argues that recited “features improve the accuracy of measuring vehicle distance, allowing for the determination of whether the measured vehicle distance is large enough to ensure the safe operation of vehicles, yet small enough to form a coupled display surface with the display units of the vehicles.” Remarks at 8. Neither the specification nor the claims provide support for a conclusion that the invention improves “the technology for measuring vehicle distance,” as argued by Applicant. Receiving positional information and using it to derive distance is merely use of existing technology.
Regarding 35 USC § 102/103, Applicant’s arguments relate to the amendments made to the claims and are moot in view of the rejections shown below.
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 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1
The claims recite a series of steps and, therefore, is a process.
Step 2A-Prong One
The claims recite the concept of selecting, allocating, and communicating an advertisement to a plurality of vehicles for display (See “elect, from among a plurality of content images, a first content image to be displayed on a combined display surface formed by combining the displays of the plurality of vehicles; divide the first content image into partial content images; allocate the partial content images to the respective displays of the plurality of vehicles according to respective positions of the plurality of vehicles; acquire, using the communication interface from each of the plurality of vehicles, positional information for each of the plurality of vehicles; derive, from the positional information, an inter-vehicle distance between the plurality of vehicles while traveling; and transmit, using the communication interface, content image display instructions to each of the plurality of vehicles to control, when a time period during which the inter-vehicle distance is equal to or less than a reference distance has continued for not less than a reference time period, the plurality of vehicles to simultaneously display the partial content images on the respective displays of the plurality of vehicles so that the first content image is displayed as a whole on the combined display surface” in claim 1, “select, as the first content image, a content image with a higher priority than one or more other content images from among the plurality of content images” in claim 2, “select, as the first content image, a content image corresponding to an aspect ratio of the combined display surface from among the plurality of content images” in claim 3, “select, as the first content image, a content image according to a section or a time period in which the plurality of vehicles travels from among the plurality of content images” in claim 4, “allocate, when the first content image, which is to be displayed on the combined display surface, includes a mobile object, the partial content images to the plurality of vehicles so that a travel direction of the mobile object is in a predetermined relationship with a travel direction of the plurality of vehicles” in claim 5, “allocate the partial content images to the plurality of vehicles so that the travel direction of the mobile object is opposite to the travel direction of the plurality of vehicles” in claim 6, “allocate the partial content images to the plurality of vehicles so that the travel direction of the mobile object is same as the travel direction of the plurality of vehicles” in claim 7, “perform charging processing for advertising fees related to the display of the first content image” in claim 8, “the advertising fees are set to increase as a size of the combined display surface or a quantity of vehicles forming the combined display surface increases” in claim 9, and “the advertising fees are set to be higher for areas with higher population density, time periods of higher population density, or combinations of the areas and the time periods” in claim 10.). This concept falls into the certain methods of organizing human activity including advertising activities. Thus, claims 1-10 recite an abstract idea.
The mere nominal recitation of a generic computer component does not take the claim limitations out of the abstract idea grouping. Thus, the claims recite an abstract idea.
Step 2A-Prong Two
This judicial exception is not integrated into a practical application. The claims recite the additional element of an information processing apparatus comprising a communication interface and a controller and includes no more than mere instructions to apply the exception using a generic computer component. The apparatus does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Step 2B
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed previously with respect to Step 2A-Prong Two, the additional element in the claim amounts to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in Step 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. See MPEP 2106.05(f). The claims do not provide an inventive concept (significantly more than the abstract idea). The claims are ineligible.
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 1 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0167825 (“Otsuka”) in view of US 2020/0098008 (“Takemura”).
Regarding Claim 1, Otsuka teaches an information processing apparatus comprising: a communication interface (See “The communication unit 104 is a wireless communication interface that connects the vehicle 10 to the network” in ¶ 0062.); and a controller (See “According to a first aspect of the present disclosure, there is provided an information processing apparatus for outputting an advertisement using one or more vehicles each provided with an advertisement display unit on the outside, comprising a controller” in ¶ 0007.) configured to:
communicate, using the communication interface, with a plurality of vehicles having displays for displaying images toward outside (See ¶¶ 0038-0040 including “The vehicle 10 is an automobile having a plurality of display units provided on its outside and capable of displaying an advertisement content received from the server apparatus 20” in ¶ 0040.); and
transmit, using the communication interface, content image display instructions to each of the plurality of vehicles to control, when a time period during which the inter-vehicle distance is equal to or less than a reference distance has continued for not less than a reference time period (See “the information processing apparatus selects an advertisement including a plurality of scenes with a prescribed order of display (namely, the order of display of the scenes is prescribed) on the basis of the number of vehicles included in the file and causes advertisement display units of the vehicles included in the file to display the respective scenes of the advertisement” in ¶ 0028 wherein a scene is considered a portion of a content image and “Then, the server apparatus 20 organizes a file of vehicles that meets a condition for cooperative display of the advertisement content. For example, the server apparatus 20 picks up such vehicles that are located at locations (indicated by the location information) within a certain range and travelling in the same direction with differences in their speeds smaller than a certain value (e.g. ±2 km/h). The aforementioned certain range is determined dynamically according to the travelling speed of relevant vehicles. For example, if the travelling speed is approximately 40 km/h, vehicles located within the range of 80 meters may be picked up. If the travelling speed is lower than 10 km/h, due to a traffic jam, red signal or other reasons, vehicles located within the range of 40 meters may be picked up” in ¶ 0108 wherein vehicles within a certain range are considered to be a at a distance that is equal to or less than a reference distance and wherein the vehicles, traveling at a prescribed speed, will remain at a certain distance for not less than a reference time period.).
Otsuka does not expressly teach select, from among a plurality of content images, a first content image to be displayed on a combined display surface formed by combining the displays of the plurality of vehicles; divide the first content image into partial content images; allocate the partial content images to the respective displays of the plurality of vehicles according to respective positions of the plurality of vehicles; acquire, using the communication interface from each of the plurality of vehicles, positional information for each of the plurality of vehicles; derive, from the positional information, an inter-vehicle distance between the plurality of vehicles while traveling; the plurality of vehicles to simultaneously display the partial content images on the respective displays of the plurality of vehicles so that the first content image is displayed as a whole on the combined display surface.
However, Takemura teaches select, from among a plurality of content images, a first content image to be displayed on a combined display surface formed by combining the displays of the plurality of vehicles; divide the first content image into partial content images; allocate the partial content images to the respective displays of the plurality of vehicles according to respective positions of the plurality of vehicles (See “FIG. 4 illustrates an exemplary advertisement content to be displayed by display units of a group of vehicles in a cooperative manner. FIG. 4 shows an exemplary advertisement content consisting of a single picture Z1 to be displayed by a virtual display apparatus (or display area) formed by display units of a group of different vehicles that operate cooperatively. The single picture Z1 is made up of a plurality of elements Z1a, Z1b, Z1c. The single-picture advertisement content may be divided into a plurality of elements by the advertisement distribution server 10 according to the number of grouped vehicles. For example, the advertisement distribution server 10 may set the origin of a two-dimensional coordinate system at the upper left corner of a display area over which a single-picture advertisement content is to be displayed and divide the two-dimensional display area extending from the origin to the lower right corner proportionally in accordance with the display areas of display units provided on a group of vehicles” in ¶ 0046.); acquire, using the communication interface from each of the plurality of vehicles, positional information for each of the plurality of vehicles; derive, from the positional information, an inter-vehicle distance between the plurality of vehicles while traveling (See “the advertisement distribution server 10 selects a certain vehicle 20#2 and vehicles 20#1, 20#3 respectively succeeding and preceding it within a certain area (e.g. within a radius of 10 meters)” in ¶ 0045.); the plurality of vehicles to simultaneously display the partial content images on the respective displays of the plurality of vehicles so that the first content image is displayed as a whole on the combined display surface (See “the advertisement distribution server 10 sends elements Z1a, z1b, and z1c respectively to the vehicles 20#1, 20#2, and 20#3. Then, the display areas of the display units provided on the left side of the respective vehicles are combined virtually to integrally display the advertisement content as a single picture Z1, which can be seen by consumers walking on the sidewalk by the road R1 (in the case of left-hand traffic). Likewise, the display areas of the display units provided on the right side of the respective vehicles are combined virtually to integrally display the advertisement content as a single picture Z1, which can be seen by consumers who are aboard vehicles travelling in the opposite lane of the road R1 and consumers walking on the sidewalk by the opposite lane” in ¶ 0047 and Fig. 4.).
It would have been obvious to one having ordinary skill in the art at the time of filing to combine the teachings of Otsuka and Takemura to use a divided and allocated content image as described in Takemura. The motivation, as shown in Takemura, is to enable an effective advertisement to be shown (see ¶ 0003.). select, from among a plurality of content images, a first content image to be displayed on a combined display surface formed by combining the displays of the plurality of vehicles; divide the first content image into partial content images; allocate the partial content images to the respective displays of the plurality of vehicles according to respective positions of the plurality of vehicles (See “FIG. 4 illustrates an exemplary advertisement content to be displayed by display units of a group of vehicles in a cooperative manner. FIG. 4 shows an exemplary advertisement content consisting of a single picture Z1 to be displayed by a virtual display apparatus (or display area) formed by display units of a group of different vehicles that operate cooperatively. The single picture Z1 is made up of a plurality of elements Z1a, Z1b, Z1c. The single-picture advertisement content may be divided into a plurality of elements by the advertisement distribution server 10 according to the number of grouped vehicles. For example, the advertisement distribution server 10 may set the origin of a two-dimensional coordinate system at the upper left corner of a display area over which a single-picture advertisement content is to be displayed and divide the two-dimensional display area extending from the origin to the lower right corner proportionally in accordance with the display areas of display units provided on a group of vehicles” in ¶ 0046.); acquire, using the communication interface from each of the plurality of vehicles, positional information for each of the plurality of vehicles; derive, from the positional information, an inter-vehicle distance between the plurality of vehicles while traveling (See “the advertisement distribution server 10 selects a certain vehicle 20#2 and vehicles 20#1, 20#3 respectively succeeding and preceding it within a certain area (e.g. within a radius of 10 meters)” in ¶ 0045.); the plurality of vehicles to simultaneously display the partial content images on the respective displays of the plurality of vehicles so that the first content image is displayed as a whole on the combined display surface (See “the advertisement distribution server 10 sends elements Z1a, z1b, and z1c respectively to the vehicles 20#1, 20#2, and 20#3. Then, the display areas of the display units provided on the left side of the respective vehicles are combined virtually to integrally display the advertisement content as a single picture Z1, which can be seen by consumers walking on the sidewalk by the road R1 (in the case of left-hand traffic). Likewise, the display areas of the display units provided on the right side of the respective vehicles are combined virtually to integrally display the advertisement content as a single picture Z1, which can be seen by consumers who are aboard vehicles travelling in the opposite lane of the road R1 and consumers walking on the sidewalk by the opposite lane” in ¶ 0047 and Fig. 4.).
Regarding Claim 4, Otsuka further teaches the controller is configured to select, as the first content image, a content image according to a section or a time period in which the plurality of vehicles travels from among the plurality of content images (See “As illustrated, the information stored in the advertisement information table includes identification data of the advertisement (advertisement ID), information relating to properties of the advertisement (801), information relating to conditions for display of the advertisement (802)” in ¶ 0076 and Fig. 8 showing that content is selected based on display areas such as Shinjuku (i.e., section) and/or period of display such as 12:00-13:00 (i.e., time period).).
Regarding Claim 5, Otsuka further teaches the controller is configured to allocate, when the first content image, which is to be displayed on the combined display surface, includes a mobile object, the partial content images to the plurality of vehicles so that a travel direction of the mobile object is in a predetermined relationship with a travel direction of the plurality of vehicles (See ¶¶ 0045-0048 and Fig. 3 showing the order of display (i.e., travel direction of the mobile object) and Fig. 4 showing the direction of travel (i.e., travel direction of the plurality of vehicles).).
Regarding Claim 6, Otsuka further teaches the controller is configured to allocate the partial content images to the plurality of vehicles so that the travel direction of the mobile object is opposite to the travel direction of the plurality of vehicles (See Figs. 3 and 4 showing the direction of travel being opposite the order of scene 1, scene 2, and scene 3.).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Otsuka in view of Takemura, and further in view of US 2015/0294363 (“Bhola”).
Regarding Claim 2, Otsuka teaches content image to be displayed by the plurality of vehicles (see the rejection of claim 1 above).
Neither Otsuka nor Takemura expressly teach select, as the first content image, a content image with a higher priority than one or more other content images from among the plurality of content images.
However, Bhola teaches select, as the first content image, a content image with a higher priority than one or more other content images from among the plurality of content images (See “The prioritization module can assign greater weights to the stores closer to the path of the vehicle indicated by the acceleration information than those farther from the path. The processor 140 or the content retrieval module can select the content with the highest weight or priority for display in display 160” in ¶ 0038.).
It would have been obvious to one having ordinary skill in the art at the time of filing to combine the teachings of Otsuka, Takemura, and Bhola to select content based on priority. The motivation, as shown in Bhola, is to prioritize content for stores closer rather than farther away from the vehicle path.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Otsuka in view of Takemura, and further in view of US 2020/0334717 (“McKeon”).
Regarding Claim 3, Neither Otsuka nor Takemura expressly teach select, as the first content image, a content image corresponding to an aspect ratio of the combined display surface from among the plurality of content images.
However, McKeon teaches select, as the first content image, a content image corresponding to an aspect ratio of the combined display surface from among the plurality of content images (See “the method can further include selecting an interstitial content item based on a size and aspect ratio of a display associated with the user device to optimally match the user device” in ¶ 0006.).
It would have been obvious to one having ordinary skill in the art at the time of filing to combine the teachings of Otsuka, Takemura, and McKeon to select the content based on aspect ratio of the display. The motivation, as shown in McKeon, is to optimally match the content item to the device.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Otsuka in view of Takemura, and further in view of US 2012/0011000 (“Barlow”).
Regarding Claim 8, Neither Otsuka nor Takemura expressly teach the controller is configured to perform charging processing for advertising fees related to the display of the first content image.
However, Barlow teaches the controller is configured to perform charging processing for advertising fees related to the display of the first content image (See “What is further desired is a novel method of allowing advertisers to purchase advertising space on mobile displays, with the ability for flexibility in pricing, based on such factors as the location of mobile displays, time of day, day of week, projected viewership, projected motor vehicle traffic along routes likely to be driven by operators of the mobile displays, etc. Further, it is desired to create a functional pool of mobile advertising displays and incentives, so that the numbers may, if desired, far exceed the number of vehicles involved in conventional mobile advertising” in ¶ 0004 and “The aforementioned advertising program is launched to aid the customer in preparing a bid or offer (Step 504). The bid or offer is prepared using many considerations for pricing (Steps 506 and 508). Among the many considerations for pricing are: number of automobiles carrying the particular mobile advertising message; geographic location of the mobile displays; aggregate time of the advertising message displayed; projected traffic along the paths driven by mobile message automobile operators; the time of day of the message displays; the day of the week of the message displays; aggregate distance driven by the mobile message operators; and many others” in ¶ 0036.).
It would have been obvious to one having ordinary skill in the art at the time of filing to combine the teachings of Otsuka, Takemura, and Barlow to charge an adverting fee based on a number of factors. The motivation, as shown in Barlow, is to provide pricing based on many considerations.
Regarding Claim 9, Neither Otsuka nor Takemura expressly teach the advertising fees are set to increase as a size of the combined display surface or a quantity of vehicles forming the combined display surface increases.
However, Barlow teaches the advertising fees are set to increase as a size of the combined display surface or a quantity of vehicles forming the combined display surface increases (See “What is further desired is a novel method of allowing advertisers to purchase advertising space on mobile displays, with the ability for flexibility in pricing, based on such factors as the location of mobile displays, time of day, day of week, projected viewership, projected motor vehicle traffic along routes likely to be driven by operators of the mobile displays, etc. Further, it is desired to create a functional pool of mobile advertising displays and incentives, so that the numbers may, if desired, far exceed the number of vehicles involved in conventional mobile advertising” in ¶ 0004 and “The aforementioned advertising program is launched to aid the customer in preparing a bid or offer (Step 504). The bid or offer is prepared using many considerations for pricing (Steps 506 and 508). Among the many considerations for pricing are: number of automobiles carrying the particular mobile advertising message; geographic location of the mobile displays; aggregate time of the advertising message displayed; projected traffic along the paths driven by mobile message automobile operators; the time of day of the message displays; the day of the week of the message displays; aggregate distance driven by the mobile message operators; and many others” in ¶ 0036.).
It would have been obvious to one having ordinary skill in the art at the time of filing to combine the teachings of Otsuka, Takemura, and Barlow to charge an adverting fee based on a number of factors. The motivation, as shown in Barlow, is to provide pricing based on many considerations.
Regarding Claim 10, Neither Otsuka nor Takemura expressly teach the advertising fees are set to be higher for areas with higher population density, time periods of higher population density, or combinations of the areas and the time periods.
However, Barlow teaches the advertising fees are set to be higher for areas with higher population density, time periods of higher population density, or combinations of the areas and the time periods (See “What is further desired is a novel method of allowing advertisers to purchase advertising space on mobile displays, with the ability for flexibility in pricing, based on such factors as the location of mobile displays, time of day, day of week, projected viewership, projected motor vehicle traffic along routes likely to be driven by operators of the mobile displays, etc. Further, it is desired to create a functional pool of mobile advertising displays and incentives, so that the numbers may, if desired, far exceed the number of vehicles involved in conventional mobile advertising” in ¶ 0004 and “The aforementioned advertising program is launched to aid the customer in preparing a bid or offer (Step 504). The bid or offer is prepared using many considerations for pricing (Steps 506 and 508). Among the many considerations for pricing are: number of automobiles carrying the particular mobile advertising message; geographic location of the mobile displays; aggregate time of the advertising message displayed; projected traffic along the paths driven by mobile message automobile operators; the time of day of the message displays; the day of the week of the message displays; aggregate distance driven by the mobile message operators; and many others” in ¶ 0036.).
It would have been obvious to one having ordinary skill in the art at the time of filing to combine the teachings of Otsuka, Takemura, and Barlow to charge an adverting fee based on a number of factors. The motivation, as shown in Barlow, is to provide pricing based on many considerations.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEREDITH A LONG whose telephone number is (571)272-3196. The examiner can normally be reached Mon - Fri 9:30 - 6.
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/MEREDITH A LONG/Primary Examiner, Art Unit 3622