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
This action is in response to communications filed on 11/14/2024. Accordingly, claims 1- 15 are pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: first acquisition code, second acquisition code, setting code all of which is configured to cause, at least in independent claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
As per claims 2-13 they all depend from claim 1 and have at least the same deficiencies as presented above with respect to claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1- 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The following language in the claims below are not clearly understood:
As per Independent claims 1, 14 & 15: the claims recite the limitation of—using the language of exemplary independent claim 1—"unmanned vehicle capable of receiving radio waves from one or more positioning satellites and moving autonomously”; it is unclear whether the claim intends that the unmanned vehicle move autonomously or whether the satellites move independently. For purposes of examining the examiner will interpret the unmanned vehicle moves autonomously.
Furthermore, regarding claims 1, 14-15, they recite the limitation of “a deliverable time zone”; it is unclear whether the claims intend to recite a deliverable time window (i.e., a range of time—estimated time—for the delivery and/or real-time positioning) and/or they intend a time zone (i.e., as in EST, PST etc.). For purposes of examining the examiner will interpret this limitation to be former.
As per claims 2-13: they all depend from claim 1 and have at least the same deficiencies as presented above with respect to claim 1.
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 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Independent claim 1 recites in the preamble “a delivery route setting device comprising”. The body of claim 1 recites “first acquisition code…second acquisition code…setting code configured to cause” for each limitation. Therefore, claim 1 is non-statutory because it is directed towards software, per se, lacking storage on a medium, which enables any underlying functionality to occur. It is not clear whether the instructions are in executable form and therefore there is no practical application.
As per claims 2-13 they all depend from claim 1 and have at least the same deficiencies as presented above with respect to claim 1.
Claims 14- 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite “acquiring, acquiring and setting…” data. These limitations, as drafted, are processes that, under its broadest reasonable interpretation, covers performance of the limitations in the mind. But for the “by the vehicle …computer…and memory” language, the claims encompass a user simply comparing the collected data to a predetermined/configurable threshold in his/her mind. The mere nominal recitation of a generic bus, processor and memory does not take the claim limitation out of the mental processes grouping. Thus, the claims recite a mental process which is an abstract idea.
This judicial exception is not integrated into a practical application. The claims recite the elements of acquiring, acquiring and setting, and that a generic computer preform these steps. The acquiring steps are recited at a high level of generality (i.e., as a general means of receiving/transmitting and storing data for use in the setting steps), and as such they amount to mere data gathering, which is a form of insignificant extra-solution activity. The processor that performs the acquiring steps are recited at a high level of generality, and merely automates the setting steps. Each of the additional limitations are no more than mere instructions to apply the exception using a generic computer component (the processor). The combination of these additional elements are no more than mere instructions to apply the exception using a generic computer component (the processor). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B and does not provide an inventive concept.
For the acquiring, acquiring and setting steps were considered extra-solution activity in Step 2A, this has been re-evaluated in Step 2B and determined to be well-understood, routine, conventional activity in the field. The background does not provide any indication that the processor is anything other than a generic, off-the-shelf computer component, and the Symantec, TLI, and OIP Techs. court decisions (MPEP 2106.05(d)(II)) indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). For these reasons, there is no inventive concept. The claim is not patent eligible.
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.
Claims 1- 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tani et al. (hereinafter Tani, JP2016188806A).
Tani discloses:
1: A delivery route setting device comprising:
at least one memory configured to store program code; and at least one processor configured to access the program code and operate as instructed by the program code (see Tani at least fig. 1-7 and in particular fig. 1A; main control unit [10], storage unit [14], CPU, MPU, RAM, storage device including control programing), the program code including:
first acquisition code configured to cause the at least one processor to acquire a deliverable time zone for an article to be delivered to a delivery destination by an unmanned vehicle capable of receiving radio waves from one or more positioning satellites and moving autonomously (see Tani at least fig. 1-7 and in particular fig. 1A-B, 3, 6-7; mobile body, positioning information acquisition unit 13, GPS signal reception and real-time map information, mobile body moving in road/route time series);
second acquisition code configured to cause the at least one processor to acquire satellite information relating to the one or more positioning satellites that can be captured at each of a plurality of positions between a delivery base of the article and the delivery destination in the deliverable time zone (see Tani at least fig. 1-7 and in particular fig. 1A-B, 3, 6-7; positioning information acquisition unit 13, GPS signal reception); and
setting code configured to cause the at least one processor to set, on the basis of the satellite information, a delivery route so as to avoid a position where positioning accuracy is less than or equal to a first threshold value in the deliverable time zone among the plurality of positions, the delivery route being a route for the unmanned vehicle to move autonomously from the delivery base to the delivery destination (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
2: wherein the setting code is configured to cause the at least one processor to identify, on the basis of the satellite information, the position where positioning accuracy is less than or equal to the first threshold value in the deliverable time zone; and to set the delivery route that avoids the identified position (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
3: wherein the setting code is configured to cause the at least one processor to set, on the basis of the satellite information, the delivery route that passes through a position where the positioning accuracy is greater than or equal to a second threshold value in the deliverable time zone among the plurality of positions (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
4: wherein the satellite information includes a capture number of the one or more positioning satellites, the capture number being identified at each of the plurality of positions, and the setting code is configured to cause the at least one processor to set the delivery route that passes through a position where the capture number is greater than or equal to a third threshold value (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
5: wherein the satellite information includes a reduction rate of the positioning accuracy, the reduction rate being identified at each of the plurality of positions, and the setting code is configured to cause the at least one processor to set the delivery route that passes through a position where the reduction rate is less than or equal to a fourth threshold value (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
6: wherein the satellite information includes a capture number of the one or more positioning satellites and a reduction rate of the positioning accuracy, the capture number and the reduction rate being identified at each of the plurality of positions, the setting code is configured to cause the at least one processor to set the delivery route that passes through a position where the capture number is greater than or equal to a third threshold value and the reduction rate is less than or equal to a fourth threshold value (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
7: wherein the setting code is configured to cause the at least one processor to set a first delivery route with priority over a second delivery route, the first delivery route being the delivery route that passes through the position where the positioning accuracy is greater than or equal to the second threshold value, and the second delivery route being a delivery route that passes through a position where a required travel time or a required travel distance from the delivery base to the delivery destination is equal to or less than a fifth threshold value (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
8: the program code further including identification code configured to cause the at least one processor to identify one or more candidate routes to be candidates for the delivery route; and presentation control code configured to cause the at least one processor to present a plurality of different deliverable time zones in a selectable manner, to a delivery requester of the article; wherein the second acquisition code is configured to cause the at least one processor to acquire the satellite information relating to the one or more positioning satellites that can be captured at each of a plurality of positions on the identified one or more candidate routes in each of the plurality of different deliverable time zones, the setting code is configured to cause the at least one processor to determine, for each of the deliverable time zones, whether or not there is the candidate route whose the positioning accuracy satisfies a predetermined condition, on the basis of the satellite information acquired in each of the deliverable time zones, the presentation control code is configured to cause the at least one processor to control the presentation of the deliverable time zones such that the delivery requester cannot select the deliverable time zone for which it is determined that there is not the candidate route whose the positioning accuracy satisfies the predetermined condition, and the setting code is configured to cause the at least one processor to set the delivery route for the deliverable time zone selected by the delivery requester among the presented deliverable time zones (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
9: the program code further including identification code configured to cause the at least one processor to identify a plurality of candidate routes to be candidates for the delivery route; wherein the second acquisition code is configured to cause the at least one processor to acquire, for each of the candidate routes, the satellite information relating to the one or more positioning satellites that can be captured at each of a plurality of positions on the identified one or more candidate routes in the deliverable time zone, and the setting code is configured to cause the at least one processor to set, as the delivery route on the basis of the satellite information, the candidate route whose the positioning accuracy satisfies a predetermined condition in the deliverable time zone among the plurality of candidate routes (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
10: wherein in a case where there are a plurality of candidate routes whose the positioning accuracy satisfies the predetermined condition in the deliverable time zone, the setting code is configured to cause the at least one processor to set, as the delivery route, the candidate route that passes through a position with the highest positioning accuracy among the plurality of candidate routes (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
11: wherein in a case where there are a plurality of candidate routes whose the positioning accuracy satisfies the predetermined condition in the deliverable time zone, the setting code is configured to cause the at least one processor to set, as the delivery route, the candidate route that passes through more positions with the positioning accuracy higher than a reference value among the plurality of candidate routes (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
12: wherein the setting code is configured to cause the at least one processor to estimate, for each of the candidate routes, a delivery completion time to the delivery destination, and set the delivery route by excluding the candidate route whose the delivery completion time is not within the deliverable time zone among the plurality of candidate routes (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
13: the program code further including movement control code configured to cause the at least one processor to perform a movement control of the unmanned vehicle such that the unmanned vehicle autonomously moves the delivery route that avoids the position where positioning accuracy is less than or equal to the first threshold value in the deliverable time zone (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
14: A display control method executed by one or more computers, comprising:
acquiring a deliverable time zone for an article to be delivered to a delivery destination by an unmanned vehicle capable of receiving radio waves from one or more positioning satellites and moving autonomously (see Tani at least fig. 1-7 and in particular fig. 1A-B, 3, 6-7; mobile body, positioning information acquisition unit 13, GPS signal reception and real-time map information, mobile body moving in road/route time series);
acquiring satellite information relating to the one or more positioning satellites that can be captured at each of a plurality of positions between a delivery base of the article and the delivery destination in the deliverable time zone (see Tani at least fig. 1-7 and in particular fig. 1A-B, 3, 6-7; positioning information acquisition unit 13, GPS signal reception); and
setting, based on the satellite information, a delivery route so as to avoid a position where positioning accuracy is less than or equal to a first threshold value in the deliverable time zone among the plurality of positions, the delivery route being a route for the unmanned vehicle to move autonomously from the delivery base to the delivery destination (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
15: A non-transitory computer readable memory having stored thereon a program configured to cause a computer to:
acquire a deliverable time zone for an article to be delivered to a delivery destination by an unmanned vehicle capable of receiving radio waves from one or more positioning satellites and moving autonomously (see Tani at least fig. 1-7 and in particular fig. 1A-B, 3, 6-7; mobile body, positioning information acquisition unit 13, GPS signal reception and real-time map information, mobile body moving in road/route time series);
acquire satellite information relating to the one or more positioning satellites that can be captured at each of a plurality of positions between a delivery base of the article and the delivery destination in the deliverable time zone (see Tani at least fig. 1-7 and in particular fig. 1A-B, 3, 6-7; positioning information acquisition unit 13, GPS signal reception); and
set, based on the satellite information, a delivery route so as to avoid a position where positioning accuracy is less than or equal to a first threshold value in the deliverable time zone among the plurality of positions, the delivery route being a route for the unmanned vehicle to move autonomously from the delivery base to the delivery destination (see Tani at least fig. 1-7 and in particular fig. 1A-B, 2-4, 6-7; likelihood weighting coefficient calculation unit, position estimating unit, estimated position matching, GPS and DGPS, and travel route).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACEEH ANWARI whose telephone number is 571-272-7591. The examiner can normally be reached on 9-9:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached on 571-272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MACEEH . ANWARI
Primary Examiner
Art Unit 3663
/MACEEH ANWARI/ Primary Examiner, Art Unit 3663
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