DETAILED CORRESPONDENCE
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to the Continuation Patent Application filed on 5 December 2024. This is a non-final first office action on merits. Claims 1-20 are cancelled. Claims 21-40 are pending and considered below.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. Applicants claim of priority with respect to previously filed application 17/702249 filed 23 March 2022, now issued patent 12,198,161 is acknowledged. Therefore the instant application is afforded a priority date of 23 March 2022.
Claim Rejections - 35 USC § 101
The instant invention has been evaluated under the requirements of the 2019 PEG Revised Steps 2A and 2B Prongs One and Two and the requirements of MPEP 2106 and has been determined to be directed to a judicial exception or abstract idea but further directed to a practical application or computing system improvement. Therefore the instant invention is determined to be eligible under the requirements of the statute.
The instant invention as a result of evaluation under the requirements of the 2019 PEG Revised Step 2A Prong One and the requirements of MPEP 2106 is determined to be directed to a judicial exception similar to certain methods of organizing human activity such as advertising, marketing or sales activities or behaviors and business relations and as well managing personal behavior or relationships or interactions between people including social activities, teaching, and following rules or instructions.
The instant invention as a result of evaluation under the requirements of the 2019 PEG Revised Step 2A Prong One and the requirements of MPEP 2106 is determined to be directed to a practical application as related to the timely collection and processing of information and the timely selection and delivery of information related to advertisement content as displayed on display elements of vehicles as related to location and context, as well as the selective provision of information to vehicles. Examiner’s conclusion is guided by disclosures of the written description which specifically detail the specific collection of vehicle related data and the analysis and determination of display elements in a timely manner as related to location and vehicle service requests. Examiner’s conclusion is guided by specific technically related disclosures related to the timely collection and processing of relevant data used for the precise selection and delivery of advertising data, as disclosed at least at paragraphs [32]-[43] which specifically detail the submission of vehicle service requests, the allocation of particular vehicles with respect to particular requests as well as determining the online availability status of the vehicles.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 21-40 of the instant invention are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of issued U.S. Patent No. 12,198,161. Although the claims at issue are not identical, they are not patentably distinct from each other because as indicated below in BOLD the inventions are determined to be related.
Instant invention 18/969423 Claims 21-40:
Independent claims 21, 29, and 35: A computing system, method and storage medium comprising: one or more processors; and one or more non-transitory, computer-readable media storing instructions that are executable by the one or more processors to cause the computing system to perform operations, the operations comprising:
accessing data associated with a vehicle service request, wherein the data associated with the vehicle service request is indicative of (i) a pick-up location associated with the vehicle service request, (ii) a destination location associated with the vehicle service request, and (iii) a ride preference associated with the vehicle service request;
determining, from among a plurality of candidate vehicles, a selected vehicle for the vehicle service request based on the data indicative of the vehicle service request, one or more candidate advertisement content items, and one or more candidate routes for one or more of the plurality of candidate vehicles;
communicating data comprising instructions that are executable by one or more processors of a display device located onboard the selected vehicle to cause the display device to update to display a first candidate advertisement content item;
determining, based on location data associated with the selected vehicle, that the selected vehicle has arrived at the pick-up location;
responsive to determining that the selected vehicle has arrived at the pick-up location, communicating data indicative of a request for a second advertisement content item for display;
receiving, responsive to the request for the second advertisement content item, the second advertisement content item; and
communicating data comprising instructions executable by the one or more processors of the display device located onboard the selected vehicle to cause the display device to update to display the second advertisement content item.
Issued Patent 12,198,161 Claims 1-20
Independent Claims 1, 12, and 20: A computing system, method and storage medium: one or more processors; and one or more tangible, non-transitory, computer readable media that store instructions that are executable by the one or more processors to cause the computing system to perform operations, the operations comprising:
obtaining data associated with a vehicle that is online with a service entity associated with providing one or more vehicle services;
determining, based on the data associated with the vehicle, that the vehicle is not currently associated with a vehicle service instance for performing one or more of the vehicle services;
determining a selected advertisement content item for the vehicle based on the determination that the vehicle is not currently associated with the vehicle service instance;
determining a selected route for the vehicle based on the selected advertisement content item;
communicating data that initiates display of the selected advertisement content item via a display device positioned on an exterior of the vehicle;
communicating data indicative of route information to a computing device associated with the vehicle, wherein the route information comprises the route for the vehicle;
monitoring a current location of the vehicle by obtaining location data from location determining hardware of the vehicle and comparing the obtained location data to an expected location of the vehicle;
based on comparing the obtained location data to the expected location of the vehicle, detecting a route deviation by the vehicle;
based on detecting the route deviation by the vehicle, generating an updated route for the vehicle;
based on generating the updated route for the vehicle, communicating data that initiates display of (i) the updated route and (ii) an incentive for travelling on the updated route via a display device positioned on an interior of the vehicle;
based on the updated route for the vehicle, determining one or more attributes of the selected advertisement for adjustment; and
automatically adjusting the one or more attributes of the selected advertisement by at least one of (i) removing a portion of the selected advertisement or (ii) replacing a portion of the selected advertisement.
Reasons for Allowance
Claims 21-40 are allowed.
The following is the Examiner's statement of reasons for allowance:
The closest art of record, the combination of Walling et al. (20210073825) in view of High et al. (20190138988), Ramanujam (20150348112) and Dukash et al. (20040036622) discloses an apparatus, method and computer readable medium which discloses the tracking and determination of vehicle service instances with respect to determining service instance status and the determination and display of relevant advertisement content on an exterior display device and as well detecting route deviations and determining updated and recommended routes for display to the vehicle operator and providing advertisements with respect to the chosen updated route.
However the combination of Walling in view of High, Ramanujam, and Dukash does not disclose the newly added limitations which include the accessing data associated with a vehicle service request, wherein the data associated with the vehicle service request is indicative of a pick-up location, a destination location associated with the vehicle service request, and a ride preference and further determining a selected vehicle for the vehicle service request based on the data indicative of the vehicle service request, one or more candidate advertisement content items, and one or more candidate routes for one or more of the plurality of candidate vehicles. Therefore the rejection of all pending claims under 35 USC 103 is withdrawn.
The combination of previously cited to references Walling in view of High, Ramanujam, and Dukash discloses:
communicating data comprising instructions that are executable by one or more processors of a display device located onboard the selected vehicle to cause the display device to update to display a first candidate advertisement content item;
determining, based on location data associated with the selected vehicle, that the selected vehicle has arrived at the pick-up location;
responsive to determining that the selected vehicle has arrived at the pick-up location, communicating data indicative of a request for a second advertisement content item for display;
receiving, responsive to the request for the second advertisement content item, the second advertisement content item; and
communicating data comprising instructions executable by the one or more processors of the display device located onboard the selected vehicle to cause the display device to update to display the second advertisement content item.
However, The combination of previously cited to references Walling in view of High, Ramanujam, and Dukash does not teach at least:
accessing data associated with a vehicle service request, wherein the data associated with the vehicle service request is indicative of (i) a pick-up location associated with the vehicle service request, (ii) a destination location associated with the vehicle service request, and (iii) a ride preference associated with the vehicle service request;
determining, from among a plurality of candidate vehicles, a selected vehicle for the vehicle service request based on the data indicative of the vehicle service request, one or more candidate advertisement content items, and one or more candidate routes for one or more of the plurality of candidate vehicles;
Moreover, the missing claimed elements from the combination of previously cited to references Walling in view of High, Ramanujam, and Dukash are not found in a reasonable number of references. Yet even if the missing claimed elements were found in a reasonable number of references, a person of ordinary skill in the art at the time the invention was made would not have been motivated to include these missing elements in the combination of Walling in view of High, Ramanujam, and Dukash because a person of ordinary skill in the art at the time of Applicant's invention would not find a motivation for such a combination.
Any comments considered necessary by Applicants must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance."
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See attached References Cited form 892.
See Shah et al. (20220381580) for disclosures related to the prediction of vehicle paths integrating acceleration data and in response to determining deceleration status and geographical location, providing content items. See at least paras. [27]-[53].
See Newell (20210081994) for disclosures related to the implementation of intelligent ad-based routing and the provision of candidate related advertisements with respect to route related locations. See at least paras. [24]-[40].
See Yasui et al. (20200104881) for disclosures related to the implementation of a vehicle control system implemented to the display of content outside the vehicle and coordinate the display of information with respect to vehicle environment. See at least paras. [58]-[97].
See Penilla et al. (20190265884) for disclosures related to the provision of display content for vehicles in accordance with display requirements related information and the external display of the transmitted information. See at least paras. [65]-[103].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Stoltenberg whose telephone number is (571) 270-3472.
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/DAVID J STOLTENBERG/Primary Examiner, Art Unit 3685