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 .
Status of Claims
This is a first action on the merits in response to the application filed 26 December 2024. Claims 1-20 are pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 26 December 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Independent claim 1 recites an apparatus, independent claims 8 recites a product, and independent claim 15 recites a process for providing vehicle delivery information to a user. Independent claims 1, 8, and 15 recite substantially similar limitations.
Taking independent claim 1 as representative, claim 1 recites the following limitations:
acquire user information regarding a user who has purchased a vehicle;
generate at least one content according to the user information; and
transmit the content to a terminal apparatus of the user at a predetermined timing, in a period of time from when the vehicle has arrived at a dealer until when the vehicle is delivered to the user.
Under Step 1, independent claims 1, 8, and 15 recite at least one step or act, including acquiring user information. Thus the claims fall within one of the statutory categories of invention.
Under Step 2A Prong One, the limitations recited in claim 1 for acquiring user information, generating content, and transmitting content, under its broadest reasonable interpretation focused on collecting and analyzing business and non-business data to provide vehicle delivery notifications to a customer are drawn to an abstract idea of certain methods of organizing human activity. The claims fall within the fundamental economic practices grouping of certain methods of organizing human activity because they are directed to notifying the customer user of delivery of a purchased vehicle according to a contract. The claims are additionally fall within the mental processes grouping of abstract concepts because a vehicle sales associate could collect information from a purchaser, determine information that should be communicated to the purchaser based on their needs, and communicate the information in person or through the use of a communication device. As a result, the claims are directed to an abstract idea.
Under Step 2A Prong Two, the judicial exception of claim 1 is not integrated into a practical application. In particular the claims recite an information processing apparatus, memory, controller, and terminal apparatus for performing the recited steps. These elements are recited at a high level of generality (i.e., as a generic processor performing a generic computer function) and amount to no more than mere instructions to apply the exception using generic computer components. See MPEP 2106.05(f). For example, Applicant’s specification at paragraph [0029] states: “The controller 15 includes at least one processor, at least one dedicated circuit, or a combination thereof. The processor is a general purpose processor, such as a central processing unit (CPU) or a graphics processing unit (GPU).” The Specification does not provide additional details about these additional elements that would distinguish them from any generic processing devices that communicate with one another in a network environment. Adding generic computer components to perform generic functions, such as data gathering, performing calculations, and outputting a result would not transform the claim into eligible subject matter. See MPEP 2106.05(h). Accordingly, the 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.
Under Step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional elements of a processor (memory, controller, and terminal apparatus) amount to no more than mere instructions to apply the exception using a generic computer component which cannot provide an inventive concept. See MPEP 2106.05. Using a generic processing device to collect, analyze, process data and displaying the result in the manner suggested is a routine and conventional approach to data management.
Dependent claims 2-7, 9-14, and 16-20 include the abstract ideas of the independent claims. The limitations of the dependent claims merely narrow the mental process/ method of organizing human activity abstract idea by describing the type of information collected from the user, when the information is collected from the user, device used to collect the information from the user, how the information is processed by combining information. The limitations of the dependent claims are not integrated into a practical application because none of the additional elements set forth any limitations that meaningfully limit the abstract idea implementation. There are no additional elements that transform the claim into a patent eligible idea by amounting to significantly more. The analysis above applies to all statutory categories of invention. Accordingly independent claims 8 and 15 and the claims that depend therefrom are rejected as ineligible for patenting under 35 U.S.C. 101 based upon the same analysis applied to claim 1 above. Therefore claims 1 - 20 are ineligible under 35 U.S.C. 101.
Claim Rejections - 35 USC § 103
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 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-6, 8-13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lerner et al. (US 2022/0366445) in view of Murakami (US 2003/0135427).
Regarding Claim 1, Lerner et al. discloses an information processing apparatus comprising a controller configured to: acquire user information regarding a user who has purchased a vehicle; (… a computer executing a prediction procedure that involves obtaining and evaluating information associated with a customer. The information can include vehicle ownership history and/or monitoring data obtained from one or more vehicles used by the customer (a personal vehicle, a taxi, and/or a ride share service vehicle, for example). The information may be evaluated by the computer to determine a personal profile of the customer. Lerner et al. [para. 0008-0010, 0012-0013; Fig. 1]. … The computer 146 may be any of various types of computers containing a processor and a memory … the vehicle 120 is a personal vehicle that is owned or leased by the customer 125. Lerner et al. [para. 0017-0020]. … computer 146 may include various components such as, for example, a communication system 450, an input/output interface 455, a processor 460 and a memory 465. Lerner et al. [para. 0056-0057, 0067]);
generate at least one content according to the user information; (… server computer 105 may then predict a type of vehicle preferred by the customer 125 based on the personal profile of the customer 125. The server computer 105 may convey the results of the evaluation and/or prediction. Lerner et al. [para. 0033-0034]);
Lerner et al. fails to explicitly disclose steps to transmit the content to a terminal apparatus of the user at a predetermined timing, in a period of time from when the vehicle has arrived at a dealer until when the vehicle is delivered to the user. Murakami discloses this limitation. (… the purchaser (orderer) of the vehicle can obtain the vehicle by ordering the purchase of the vehicle over the network. Murakami [para. 0011, 0014-0018]. … a server device which performs information communication via a network, the server device comprising; order receiving means for receiving a purchase order for a vehicle; vehicle data receiving means for receiving data of a distance the vehicle has traveled at predetermined time intervals via the network after the vehicle for which the purchase order has been received is delivered to an orderer of the vehicle … and charge signal outputting means which outputs a charge signal for charging the fee calculated by the calculating means to the orderer via the network. Murakami [para. 0008, 0033, 0040-0042; Fig. 7; Fig. 16A]…. The communication server 15 communicates with a mobile phone or a communication satellite by wireless. Murakami [para. 0065-0068, 0074]. … the car manufacturer 52 manufactures the car based on the order placement data and transports (delivers) the car to the affiliated store 54 nearest to the user. Murakami [para. 0101-0111, 0134]). It would have been obvious to one of ordinary skill in the art of sales communication before the effective filing date of the claimed invention to modify the communication steps of Lerner et al. to include steps to transmit the content to a terminal apparatus of the user at a predetermined timing, in a period of time from when the vehicle has arrived at a dealer until when the vehicle is delivered to the user as disclosed by Murakami for selling a vehicle by information communication over a network (Murakami [para. 0001]), in a manner that would have yielded predictable result at the relevant time.
Regarding Claim 2, Lerner et al. and Murakami combined disclose the information processing apparatus, further comprising a memory configured to store content materials to generate the content, wherein the controller is configured to generate the content by combining the content materials related to information contained in the user information. (The computer 146 may evaluate the personal attributes of the customer 125 (individually or in combination with other data) and identify a type of vehicle that the customer 125 may prefer to rent. Lerner et al. [para. 0040-0043]. … input/output interface 455 can include circuitry that allows the computer 146 to receive data from various sources such as, for example, the computer 121, the computer 131, the vehicle records database 160, the public records database 170, the personal communication device 140 of the customer 125, and/or a cloud computing/storage system 480. Lerner et al. [para. 0056-0057]).
Regarding Claim 3, Lerner et al. and Murakami combined disclose the information processing apparatus, wherein the user information includes information on family structure, information on a pet, information on age, information on physique, information on a hobby, information on an interest, and/or information on intended use of the vehicle. (… a customer may select a rental vehicle not only on the basis of human needs but on the needs of pets as well. Lerner et al. [para. 0012]. … vehicle 120 may correspond to a type of vehicle (make, model, etc.) based on a personal preference of the customer 125. For example, in one case, the customer 125 may be a type of person who prefers a family sedan that can be used by the customer 125 and/or one or more members of his/her family for various personal and work-related purposes. Lerner et al. [para. 0019]. … A fifth type of example input information that is illustrated in FIG. 2 pertains to personal attributes of the customer 125. A few example personal attributes can include physical attributes of the customer 125 (height, weight vision, disabilities, etc.), family details (number of family members living with the customer 125, ages of family members, vehicle requirement of family members, etc.), residence particulars (address, access to highways, commute distances, etc.), financial standing (credit history, credit rating, etc.), and work particulars (employer, location of workplace, commute distance from residence, number of trips in vehicle per week, etc.). The computer 146 may evaluate the personal attributes of the customer 125 (individually or in combination with other data) and identify a type of vehicle that the customer 125 may prefer to rent. Lerner et al. [para. 0040-0043]).
Regarding Claim 4, Lerner et al. and Murakami combined disclose the information processing apparatus, wherein the controller is configured to acquire the user information at a time when the user purchases the vehicle. Murakami discloses this limitation. (The homepage screen 200 shown in FIG. 7 is structured so that the user can choose a car body and seat designs from plural types of designs by clicking on check boxes 202. Further, character entry columns 204 for entering user information (customer information) and an "order" button 206 are provided on the homepage screen 200. User information to be entered includes the user's name, the user's address, information (such as credit card number) for identification which will be described later, and the user's e-mail address for charging. Murakami [para. 0100-0105]). It would have been obvious to one of ordinary skill in the art of sales communication before the effective filing date of the claimed invention to modify the communication steps of Lerner et al. to include steps to acquire the user information at a time when the user purchases the vehicle as disclosed by Murakami for selling a vehicle by information communication over a network (Murakami [para. 0001]), in a manner that would have yielded predictable result at the relevant time.
Regarding Claim 5, Lerner et al. and Murakami combined disclose the information processing apparatus, wherein the controller is configured to acquire the user information from the terminal apparatus of the user. Murakami discloses this limitation. (The servers 12 include an order server 12A for receiving an order for a car 20 (see FIG. 2) from a user of the computer. Murakami [para. 0067]. … the user first accesses, from the computer 14, the data of the homepage for ordering the car 20, which data is stored in the order server 12A. (Namely, the user accesses the homepage.) As shown in FIG. 5, when the user accesses the data of the homepage for ordering the car 20 (step 100). Murakami [para. 0102-0105]). It would have been obvious to one of ordinary skill in the art of sales communication before the effective filing date of the claimed invention to modify the communication steps of Lerner et al. to include steps to acquire the user information from the terminal apparatus of the user as disclosed by Murakami for selling a vehicle by information communication over a network (Murakami [para. 0001]), in a manner that would have yielded predictable result at the relevant time.
Regarding Claim 6, Lerner et al. and Murakami combined disclose the information processing apparatus, wherein the predetermined timing includes periodic timings. Murakami discloses this limitation. (… vehicle data receiving means for receiving data of a distance the vehicle has traveled at predetermined time intervals via the network after the vehicle for which the purchase order has been received is delivered to an orderer of the vehicle. Murakami [para. 0008, 0033, 0040-0042; Fig. 7; Fig. 16A]). It would have been obvious to one of ordinary skill in the art of sales communication before the effective filing date of the claimed invention to modify the communication steps of Lerner et al. to include steps wherein the predetermined timing includes periodic timings as disclosed by Murakami for selling a vehicle by information communication over a network (Murakami [para. 0001]), in a manner that would have yielded predictable result at the relevant time.
Regarding Claims 8-13, claims 8-13 recites substantially similar limitations to those of claims 1-6 respectively and are therefore rejected based upon the same prior art combination, reasoning, and rationale. Claims 8-13 are directed to a non-transitory computer readable medium storing a program configured to cause a computer to execute operations, which is disclosed by Lerner et al.: The memory 465, which is one example of a non-transitory computer-readable medium, may be used to store an operating system (OS) 468, a database 467, and various code modules. Lerner et al. [para. 0056-0057, 0067].
Regarding Claim 15-20, claims 15-20 recites substantially similar limitations to those of claims 1-6 respectively and are therefore rejected based upon the same prior art combination, reasoning, and rationale. Claims 15-20 are directed to a an information processing method by an information processing apparatus, which is disclosed by Lerner et al.: computer 146 may include various components such as, for example, a communication system 450, an input/output interface 455, a processor 460 and a memory 465. Lerner et al. [para. 0056-0057]; Implementations of the systems, apparatuses, devices, and methods disclosed herein may comprise or utilize one or more devices that include hardware, such as, for example, one or more processors and system memory, as discussed herein. An implementation of the devices, systems, and methods disclosed herein may communicate over a computer network. Lerner et al. [para. 0067].
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Lerner et al. (US 2022/0366445) in view of Murakami (US 2003/0135427), and in further view of Mapes et al. (US 2015/0227894).
Regarding Claim 7, Lerner et al. and Murakami combined fail to explicitly disclose the information processing apparatus, wherein the predetermined timing includes a timing at which a dealer option is installed in the vehicle. Mapes et al. discloses this limitation. (The system may deliver automated communications (e.g., vehicle service updates) to customers via electronic mail (“e-mail”), phone or voice call, or short message service (“SMS,” also interchangeably referred to herein as text message). As updates are received by the system, communications may be automatically generated with minimal or without human initiation. Mapes et al. [para. 0017]. … exemplary vehicle notification process is illustrated in FIG. 2. …Subsystem 200 may utilize one or more processors, memories, databases, and user interfaces. The subsystem 200 may be configured to receive, store, and display data regarding operations including vehicle check-in 220 by dealership user 202, repair order opened 222, work estimated 226, seek customer approval 228, work assigned to tech 230, start task 242, finish task 234, and finish vehicle 236. … The user interface may also provide an estimate, vehicle status (e.g., work started, estimate viewed, customer approved, etc.), details of the required repairs, estimated completion time, and confirm a pickup time. Mapes et al. [para. 0032-0037]). It would have been obvious to one of ordinary skill in the art of sales communication before the effective filing date of the claimed invention to modify the communication steps of Lerner et al. and Murakami combined to include steps wherein the predetermined timing includes a timing at which a dealer option is installed in the vehicle as disclosed by Mapes et al. to help automotive service facilities (e.g., dealerships) better communicate with customers (Mapes et al. [para. 0014], in a manner that would have yielded predictable result at the relevant time.
Regarding Claim 14, claim 14 recites substantially similar limitations to those of claim 7 and is therefore rejected based upon the same prior art combination, reasoning, and rationale. Claim 14 is directed to a non-transitory computer readable medium storing a program configured to cause a computer to execute operations, which is disclosed by Lerner et al.: The memory 465, which is one example of a non-transitory computer-readable medium, may be used to store an operating system (OS) 468, a database 467, and various code modules. Lerner et al. [para. 0056-0057].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bienias (US 2024/0303720) - system allows for all aspects of a customized vehicle purchase to be performed by the user, substantially streamlining the selection and acquisition process. The system can be interfaced with third party parts databases, allowing for incorporation of parts from a variety of manufacturers. The system may also be used to purchase aftermarket parts for used cars.
Kim (US 2024/0403945) - system, or a method, for providing a service to monitor a manufacturing status of a vehicle. In an embodiment, a system can include a production management system configured to monitor an assembly process progress state of the vehicle to generate work status information, and a metaverse service operation system configured to build a metaverse environment to include a virtual factory environment modeled as an image-based virtual space of a factory where the vehicle is manufactured, to update the metaverse environment to depict a process currently in progress for the vehicle within the virtual factory environment based on the work status information, and to transmit data for executing the metaverse environment to a customer terminal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LETORIA G KNIGHT whose telephone number is (571)270-0485. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rutao WU can be reached at 571-272-6045. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.G.K/Examiner, Art Unit 3623 /RUTAO WU/Supervisory Patent Examiner, Art Unit 3623