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 communication is a non-final action in response to application filed on 01/13/2025. Claims 1-20 are pending.
Priority
Claims 1-20 all includes limitations regarding various models. This feature first occurs in 15/429,074’s original filed specification on 02/09/2017. Therefore, claims 1-20 are given effective filing date of 02/09/2017.
Information Disclosure Statement
The IDS filed on 03/31/2025 is not considered because the document appears to be blank.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function.
Such claim limitation(s) is/are: processing system in claim 14. In this case, despite using the word system, it’s not a generic placeholder.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 14-20 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
Claims 14-20 includes the processing system that is part of a “when” clause to describe functions to be performed by content within previously discussed medium. It’s not clear if the processing system is part of the scope despite being placed in the body of the claim. Further, if the processing system is not part of a scope, then these claims may not be proper system claim, which should consist of parts.
Examiner recommends rewrite claim 14 to clearly establish whether processing system is part of a claim. Further, it might be helpful to use the term processor instead of processing system. Below examples are purely provided as a suggestion and are not a requirement.
[Suggestion A]
A system comprising:
A processor
A non-transitory machine-readable storage medium storing executable functions that, when executed by the processor, cause the processor to perform operations comprising:
[…]
[Suggestion B]
A non-transitory machine-readable storage medium storing instruction that, when executed by a processor, cause the processor to perform operation comprising:
[…]
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 they recite an abstract idea without significantly more.
Step 2A prong 1
As per claim 1, with the exception of the model being used, the rest of the body of claim 1 recites an abstract idea. In this case, the claim describes a series of step to determine a delivery estimate for a parcel. This is a business relationship as well as following rules, either of which falls within certain methods of organizing human activities. In addition, these limitation also describes a series of step of collecting data and analyzing them, which also falls into mental processes. Therefore, claim 1 recites an abstract idea.
Step 2A prong 2
As noted above, claim 1 includes the additional element of “using a model based on the set of features, wherein the model is selected from a set of models, trained using different sets of historic delivery data, based on a model selection criteria”. As this model is merely being used to produce a result, it is merely generally linking the abstract idea on a particular field of use. Examiner notes while claim language involves training using different data, its current language can be broadly interpreted that training are performed outside the scope of the claim where the model used contain certain characteristics. Therefore, whether viewed individually or as an ordered combination, the additional element is merely generally linking the abstract idea into a particular field of use and would not integrate the abstract idea into practical application.
Step 2B
As noted above in step 2A prong 2, of which the analysis is still applicable in step 2B, the additional element, whether viewed individually or as an ordered combination, are nothing more than merely generally linking the abstract idea on a particular field of use. This wouldn’t provide a inventive concept. Therefore, claim 1 is not eligible.
Claims 2-20 merely further limit the abstract idea (e.g., by introduce additional characteristic for the model) and/or contain limitations substantially similar to claim 1-13, and would not be eligible over similar analysis.
Examiner suggest to reword the involvement of training models so it can no longer be interpreted as merely describing the characteristics of models being used. Additionally, claims 1-13 should also include computer hardware to perform the limitations.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-12, 14-15, 17-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kujat (US 10460332)
As per claim 1, Kujat discloses a method comprising:
receiving parcel data for a parcel (see at least Fig. 5, item 504, determine predicted delivery performance for an item. See 13:49-67 for further detail “… 504, prediction service may determine for an item … predicted delivery performances associated with a number of merchants”);
determining a set of features from the parcel data (14:1-26, “For example, for a more refined predicted delivery performance for a particular merchant, the prediction may determine contexts and conditions associated with that merchant”); and
predicting a set of delivery estimates for the parcel using a model based on the set of features, wherein the model is selected from a set of models, trained using different sets of historic delivery data, based on a model selection criteria (14:1-26, “For each, some, or all of these merchants, the prediction service may determine corresponding predicted delivery performance(s).” See also 17:9-32, “Nested within that prediction, the prediction service may train the machine learning algorithm to output a predicted delivery performance per merchant … Similarly, nested within that prediction, the prediction service may train the machine learning algorithm to output a predicted delivery performance per merchant per source location … And so and so forth”).
As per claim 2, Kujat further discloses the method of claim 1, wherein each model of the set of models is trained based on historic delivery data from a single carrier (see at least 14:64-15:23, “the prediction service may interface with … a carrier that delivered the item, to retrieve the information” regarding using historic delivery data. See also 16:42-61, “Each of the past performances and associated contexts and conditions may include … a carrier conducting the delivery …” for context being limited to a particular carrier. Lastly, see 14:1-26 cited above regarding prediction limited to associated context).
As per claim 3, Kujat further discloses the method of claim 1, wherein predicting a set of delivery estimates comprises determining a set of transit times and a set of corresponding confidence scores (see at least Fig. 1, column 128, predicted delivery time with a percentage of confidence being presented).
As per claim 4, Kujat further discloses the method of claim 1, further comprising predicting a second set of delivery estimates for the parcel using a second model (see at least Fig. 1, column 128, row 1 and row 3 where both are delivered by the same merchant (same parcel) but using different delivery method. See 16:42-61, nothing that “delivery method” in conduction with “carrier conducting the delivery” can be context used to limit training of prediction service as cited above).
As per claim 5, Kujat further discloses the method of claim 4, wherein the second set of delivery estimates is determined based on a second set of features for the parcel, different from the set of features (See 16:42-61, nothing that “delivery method” in conduction with “carrier conducting the delivery” can be context used to limit training of prediction service as cited above).
As per claim 6, Kujat further discloses the method of claim 4, wherein the model is trained on historic delivery data for a first service level and the second model is trained on historic delivery data for a second service level, wherein the method further comprises selecting a service level based on the set of delivery estimates and the second set of delivery estimates (See 16:42-61, nothing that “delivery method” in conduction with “carrier conducting the delivery” can be context used to limit training of prediction service as cited above. See also 5:18-39, “Eager to get the camera early in the day …, the consumer may select the by ground option of Merchant ABC”)
Alternatively, as per claim 4, Kujat also discloses the method of claim 1, further comprising predicting a second set of delivery estimates for the parcel using a second model (see 21:4-45, where progress is monitored including location using barcode scans and prediction on deviation is detected and modeled. See 2:58-65 where model can be dynamically computed)
As per claim 7, Kujat further discloses the method of claim 4, further comprising determining a final delivery estimate based on the set of delivery estimates and the second set of delivery estimates (see 21:4-45, where progress is monitored including location using barcode scans and prediction on deviation is detected and modeled).
As per claim 8, Kujat further discloses the method of claim 1, wherein the set of delivery estimates is determined based on a first origin and destination pair for the parcel, a second set of delivery estimates is determined based on a second origin and destination pair for the parcel, and a final delivery estimate is determined based on the set of delivery estimates and the second set of delivery estimates (see 21:4-45, where progress is monitored including location using barcode scans and prediction on deviation is detected and modeled).
As per claim 9, Kujat further discloses the method of claim 1, wherein the model selection criteria comprise an accuracy criterion (Kujat, 18:35-55, level of certainty being used as a metric to decide if pattern can be used to generate prediction).
As per claim 10, Kujat further discloses the method of claim 1, wherein the model selection criteria comprise a set of confidence levels for each model of the set of models (Kujat, 18:35-55, level of certainty being used as a metric to decide if pattern can be used to generate prediction).
As per claim 11, Kujat further discloses the method of claim 10, wherein determining a set of confidence levels for each model comprises evaluating each model of the set of models using a different set of historical delivery data (see at least 18:35-55 where hierarchies of data sets can be considered at each hierarchy).
As per claim 12, Kujat further discloses the method of claim 1, wherein each model of the set of models is updated at a predetermined interval (20:21-30, noting update can be performed based on time intervals).
Claim 14 contain limitations substantially similar to claim 1 and would be rejected under similar rationale set forth above.
As per claim 15, Kujat further discloses the system of claim 14, wherein the parcel data is received via an API interface (4:34-41, API use is apparent).
Claims 17-20 contains limitations substantially similar to claims 8-12 and are rejected under similar rationale set forth above.
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, 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 nonobviousness.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Kujat (US 10460332) in view of Richter (US 20120254084).
As per claim 13, Kujat does not but Richer teaches wherein each model of the set of models comprises a neural network (see at least Richter, 0039, regarding using neural network for prediction)
Therefore, it would have been obvious for one ordinary skilled in the art before the effective filing date of present invention to apply Richter’s known technique of using neural network to make predictions with Kujat’s prediction model for the purpose of achieving a desired level of precision (Richter: 0039)
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kujat (US 10460332) in view of Phillips (US 20170132617)
As per claim 16, Kujat discloses a monitoring system for monitoring progress based on status update (21:4-45). Kujat further discloses API uses are apparent for one ordinary skilled in the art (4:34-31). Kujat, however, does not disclose wherein the parcel data is automatically received via webhooks. Phillips teaches using webhooks to automatically generate status updates that works with API (0083).
Therefore, it would have been obvious for one ordinary skilled in the art before the effective filing date of present invention to combine Phillips use of status update using webhook with Kujat’s API that can be used to monitor status for the purpose of automating status update.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11392967, 11514396, 11694154, 11810134, 1229791, 9953332 in view of prior arts cited above in 102/103 rejection.
In this case, each and every one of the Patent identified above discuss selecting multiple model to predict parcel transit time. In general, these claims substantially includes limitations that are recited in claim 1 of present invention and any difference(s) are obvious in view of prior art cited above and they’re combinable over similar rationale set forth above.
Examiner notes the above are double patenting rejection with reference to patented cases.
Claims 1-20 are also provisionally rejected over broadest claims in application 18134901, 184173863, 18628360, 18693867, 18960421 in view of prior arts cited above in 102/103 rejection over substantially similar reasons.
This portion of rejection identified above is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE CHEN whose telephone number is (571)270-5499. The examiner can normally be reached Monday-Friday, 8:30 AM -5:00 PM Eastern.
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GEORGE CHEN
Primary Examiner
Art Unit 3628
/GEORGE CHEN/Primary Examiner, Art Unit 3628