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 .
1. This action is responsive to application filed Nov. 19, 2024.
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.
2. Claims 1-20 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.
Claims 1 and 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 “analyzing the passenger gaze data; determining whether at least a portion of the first route is suitable as a drive course by using an analysis results of the passenger gaze data”.
The recited limitations above are a process that, under the broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “mobility apparatus” in claim 1 and “server”, “communication interface”, “memory” and “at least one processor” in claim 14 and “system”, “at least one processor”, and “memory” in claim 15, nothing in the claim element precludes the steps from practically being performed in the mind. For example, “analyzing” and “determining”, in the context of this claim encompasses the user to mentally analyze gaze data and determine whether a portion of a route is suitable as a drive course.
This judicial exception is not integrated into a practical application. In particular, the claims only recite the additional elements- “mobility apparatus” in claim 1 and “server”, “communication interface”, “memory” and “at least one processor” in claim 14 to perform the above recited steps. The computer elements recited at a high-level of generality (generic computer elements performing a generic computer function of analyzing gaze data and determine a portion of a route suitable as a drive course) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, the additional elements recited do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using the computer elements to perform the steps of claims 1 and 14 amount to no more than mere instructions to apply the exception using a generic computer component cannot provide an inventive concept.
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application include: (1) 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 (MPEP 2106.05.f), (2) Adding insignificant extra-solution activity to the judicial exception (MPEP 2106.05.g), (3) Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP 2106.05.h). In particular, the claims recite additional elements of “obtaining a first route along which the mobility apparatus has driven; obtaining passenger gaze data while driving along the first route;”. This obtaining steps are recited at a high level of generality and amounts to mere data gathering (passenger gaze data), which is a form of insignificant pre-solution activity (i.e., generally gathering data that is to be used to determine a route and direction in which a passenger is looking). Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Therefore claims 1 and 14 are directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application)
As drafted, “ transmitting data for the at least the portion of the first route determined to be suitable as the drive course to a navigation service server’, under its broadest reasonable interpretation, is recited at a high level of generality and encompasses merely transmitting or generating information (e.g., transmitting/outputting a signal). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Therefore, claims 1 and 14 are directed to an abstract idea.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
3. Claims 1-9 and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jia et al., U.S. Patent Application Publication No. 2022/0011132 (referred to hereafter as Jia).
As to claims 1 and 14-15, Jia teaches a method and server for creating a drive course, performed by a mobility apparatus, the method comprising:
obtaining a first route along which the mobility apparatus has driven (see para. 13, 46 and 48);
obtaining passenger gaze data while driving along the first route (see para. 35-36 and 39-40, fatigue detector collects and analyzes driver/passenger behaviour including gaze direction, eyes closure, eye blinking, etc…);
analyzing the passenger gaze data (see para. 35-36, 39-40 and 45);
determining whether at least a portion of the first route is suitable as a drive course by using an analysis results of the passenger gaze data (see para. 70 and 74-77, the fatigue level for each of segments 1-9 is determined based on gaze data); and
transmitting data for the at least the portion of the first route determined to be suitable as the drive course to a navigation service server (see para. 46 and 76).
As to claims 2-7 and 16-18, Jai teaches the method and system of claims 1 and 15, wherein the obtaining the passenger gaze data includes: obtaining condition data of the first route; and obtaining the passenger gaze data when the condition data of the first route meets a predefined reference, and wherein the condition data includes a speed data, an outdoor scenery data, a window data, a sound data, or a passenger device data wherein the passenger device data, which is the condition data that meets the predefined reference, indicates that photographing is to be performed on a passenger device linked to the mobility apparatus (see para. 36 and 38).
As to claims 8 and 19, Jai teaches the method and system of claims 1 and 15, wherein the determining whether the at least the portion of the first route is suitable as the drive course by using the analysis results of the passenger gaze data includes: obtaining that a gaze of a passenger on the first route has gazed outside for a predefined time or longer; obtaining a condition data of the first route; and determining whether the at least the portion of the first route is suitable as the drive course when the condition data of the first route meets a predefined reference, and wherein the condition data includes a speed data, an outdoor scenery data, a window data, a sound data, or a passenger device data (see para. 72-74, 76-77).
As to claim 9, Jai teaches the method of claim 1, wherein the determining whether the at least the portion of the first route is suitable as the drive course includes receiving a drive course report signal from a user (see para. 13, 35-36, 46 and 48).
4. The prior art of record does not teach the limitations of claims 10-13 and 20.
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUSSEIN A EL CHANTI whose telephone number is (571)272-3999. The examiner can normally be reached M-F 9-5.
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/HUSSEIN ELCHANTI/Primary Examiner, Art Unit 3669