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 action is in reply to the preliminary amendment filed on 2/18/2025.
Claims 1, 3-12, and 14-26 have been amended and are hereby entered.
Claims 1-26 are currently pending and have been examined.
Information Disclosure Statement
The copies of foreign patent references JP 2016012291, JP 2014221002, and JP 2019023600 do not comply with the requirements of 37 CFR 1.98(2) as, while each of these copies contain original bibliographic information and drawings, the pages which seemingly were intended to contain the original specifications and claims are blank. Despite the deficiencies of these IDS filings, these references have nonetheless been considered. As such, all references listed in the IDS filings dated 2/18/2025 and 2/17/2026 have been considered.
Claim Objections
Claims 11-12 are objected to because of the following informalities:
In Claim 11, “…further provideto the one of the users…” should read “…further provide to the one of the users…”
In Claim 12, “…further acquireinformation indicating a device position…” should read “…further acquire information indicating a device position…”
In Claim 12, “the the one or more first processors cause the management device to…” should read “the one or more first processors cause the management device to…”
Appropriate correction is required.
Claim Interpretation
The preliminary amendments to the claims filed on 2/18/2025 are non-compliant with the requirements of 37 CFR 1.121 as they contain amendments which are not properly annotated (e.g., in Claim 1, the language “the one or more second processors execute the computer-executable instructions stored in the second memory to cause the mobile terminal to:” is not underlined; Claim 12 contains passages which should be underlined). In the interests of compact prosecution and as the issues of non-compliance do not cause ambiguity as to what language is intended to be included in the claims as preliminarily amended, the claims are treated as if they were compliant for the purposes of this examination.
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 1-25 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.
Claims 1 and 25 contain variations on the limitation “a mobile terminal configured to communicate with the management device and be possessed by each of the users.” This language is indefinite due to a mismatch between the singular term “a mobile terminal” and its possession by the plural term “each of the users.” For the purposes of this examination, this limitation will be interpreted as “a mobile terminal configured to communicate with the management device and be possessed by one of the plurality of users.” Claims 2-24 are rejected due to their dependence upon Claim 1.
Claim 4 includes the term “the residual capacity,” which lacks antecedent basis. For the purposes of this examination, this term will be interpreted as “a residual capacity.” Claim 5 is rejected due to its dependence upon Claim 4.
Claim 8 contains the limitation “wherein the one or more first processors cause the management device to, or the one or more second processors cause the mobile terminal to, based on the future position and the delivery person position, generate the delivery person information.” It is unclear as drafted whether this limitation is intended to relate back to/further limit the limitation “…generate, based on a user position which is a position of at least one of the users, and the delivery person position, delivery person information, which is information concerning the delivery person who is capable of carrying out the delivery of the mobile battery to the one of the users” of Claim 1 (upon which Claim 8 depends) or whether this limitation is intended to recite a new and separate step for generating the delivery person information. For the purposes of this examination, this limitation will be interpreted as “wherein the generation of the delivery person information is further based on the future position.” Claim 9 is rejected due to its dependence upon Claim 8.
Claim 24 contains the following limitation: “wherein the one or more second processors cause the mobile terminal to generate the delivery person information based on the user position and the delivery person position information supplied from the management device.” It is unclear as drafted whether this limitation is intended to relate back to/further limit the limitation “…generate, based on a user position which is a position of at least one of the users, and the delivery person position, delivery person information, which is information concerning the delivery person who is capable of carrying out the delivery of the mobile battery to the one of the users” of Claim 1 (upon which Claim 8 depends) or whether this limitation is intended to recite a new and separate step for generating the delivery person information. For the purposes of this examination, this limitation will be interpreted as “wherein the delivery person position information supplied from the management device to the mobile terminal.”
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 1-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding Claims 1, 25, and 26, the limitations of acquire delivery person position information which is information indicating a delivery person position which is a position of the delivery person; generate, based on a user position which is a position of at least one of the users, and the delivery person position, delivery person information, which is information concerning the delivery person who is capable of carrying out the delivery of the mobile battery to the one of the users; and provide to the one of the users the delivery person information generated by the information generating unit, as drafted, are processes that, under their broadest reasonable interpretations, cover certain methods of organizing human activity. For example, these limitations fall at least within the enumerated categories of commercial or legal interactions and/or managing personal behavior or relationships or interactions between people (see MPEP 2106.04(a)(2)(II)).
Additionally, the limitations of acquire delivery person position information which is information indicating a delivery person position which is a position of the delivery person; generate, based on a user position which is a position of at least one of the users, and the delivery person position, delivery person information, which is information concerning the delivery person who is capable of carrying out the delivery of the mobile battery to the one of the users; and provide to the one of the users the delivery person information generated by the information generating unit, as drafted, are processes that, under their broadest reasonable interpretations, cover mental processes. For example, these limitations recite activity comprising observations, evaluations, judgments, and opinions (see MPEP 2106.04(a)(2)(III)).
Additionally, the limitation of generate, based on a user position which is a position of at least one of the users, and the delivery person position, delivery person information, which is information concerning the delivery person who is capable of carrying out the delivery of the mobile battery to the one of the users, as drafted, is a process that, under its broadest reasonable interpretation, covers mathematical concepts. For example, these limitations recite mathematical relationships and/or calculations (see MPEP 2106.04(a)(2)(I)).
If a claim limitation, under its broadest reasonable interpretation, covers fundamental economic principles or practices, commercial or legal interactions, managing personal behavior or relationships, or managing interactions between people, it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind or with the aid of pen and paper but for recitation of generic computer components, it falls within the “Mental Processes” grouping of abstract ideas. If a claim limitation, under its broadest reasonable interpretation, covers mathematical relationships, mathematical formulae or equations, or mathematical calculations, it falls within the “Mathematical Concepts” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
The judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a management device, wherein the management device comprises one or more first processors that execute computer-executable instructions stored in a first memory; a mobile terminal configured to communicate with the management device and be possessed by each of the users, the mobile terminal comprises one or more second processors that execute computer-executable instructions stored in a second memory; and a terminal device configured to communicate with the management device and be possessed by a delivery person who carries out the delivery of the mobile battery. These, in the context of the claims as a whole, amount to no more than mere instructions to apply a judicial exception (see MPEP 2106.05(f)). Accordingly, these additional elements do not integrate the abstract ideas into a practical application because they do not, individually or in combination, impose any meaningful limits on practicing the abstract ideas. The claims are therefore 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 above with respect to integration of the judicial exception into a practical application, the additional elements amount to no more than mere instructions to apply a judicial exception for the same reasons as discussed above in relation to integration into a practical application. These cannot provide an inventive concept. Therefore, when considering the additional elements alone and in combination, there is no inventive concept in the claims, and thus the claims are not patent eligible.
Claims 2-24, describing various additional limitations to the system of Claim 1, amount to substantially the same unintegrated abstract idea as Claim 1 (upon which these claims depend, directly or indirectly) and are rejected for substantially the same reasons.
Claim 2 discloses wherein the delivery person information is information concerning the delivery person who is positioned within a predetermined range from the user position and is capable of carrying out the delivery of the mobile battery (further defining the abstract idea set forth in Claim 1), which does not integrate the claim into a practical application.
Claim 3 discloses wherein the one or more first processors cause the management device to further provide to the one of the users, information indicating a residual capacity of the mobile battery possessed by the one of the users who is in possession of the mobile terminal (an abstract idea in the form of a certain method of organizing human activity and a mental process), which does not integrate the claim into a practical application.
Claim 4 discloses wherein the one or more second processors cause the mobile terminal to, based on the residual capacity of the mobile battery possessed by the one of the users, provide to the one of the users the delivery person information (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which does not integrate the claim into a practical application.
Claim 5 discloses wherein the one or more second processors cause the mobile terminal to, in a case that the residual capacity of the mobile battery possessed by the one of the users has become less than or equal to a predetermined residual capacity threshold value, provide to the one of the users the delivery person information (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which does not integrate the claim into a practical application.
Claim 6 discloses wherein the one or more second processors cause the mobile terminal to further provide to the one of the users, information indicating a number of the mobile batteries possessed by the delivery person (an abstract idea in the form of a certain method of organizing human activity and a mental process), which does not integrate the claim into a practical application.
Claim 7 discloses wherein the one or more second processors cause the mobile terminal to further provide to the one of the users, information indicating a residual capacity of the mobile battery possessed by the delivery person (an abstract idea in the form of a certain method of organizing human activity and a mental process), which does not integrate the claim into a practical application.
Claim 8 discloses wherein the one or more first processors cause the management device to predict a future position which is the user position in future (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept); and wherein the one or more first processors cause the management device to, or the one or more second processors cause the mobile terminal to, based on the future position and the delivery person position, generate the delivery person information (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which do not integrate the claim into a practical application.
Claim 9 discloses wherein the one or more second processors cause the mobile terminal to further provide to the one of the users, information indicating a residual capacity at the future position of the mobile battery possessed by the one of the users who is in possession of the mobile terminal (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which does not integrate the claim into a practical application.
Claim 10 discloses wherein the one or more second processors cause the mobile terminal to further provide to the one of the users, based on the user position, information concerning a charging spot at which the mobile battery is configured to be charged, the mobile battery being possessed by the one of the users who is in possession of the mobile terminal (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which does not integrate the claim into a practical application.
Claim 11 discloses wherein the one or more second processors cause the mobile terminal to further provide to the one of the users, required time period information indicating a time period required to charge the mobile battery in a case that the mobile battery possessed by the one of the users is charged at the charging spot (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which does not integrate the claim into a practical application.
Claim 12 discloses the one or more first processors cause the management device to further acquire information indicating a device position (an abstract idea in the form of a certain method of organizing human activity and a mental process) which is a position of device to which electrical power is configured to be supplied by the mobile battery (generally linking the use of a judicial exception to a particular technological environment or field of use); the mobile terminal is possessed by the one of the users who is a management person who manages the device (further defining the abstract idea set forth in Claim 1); the one or more first processors cause the management device to, or the one or more second processors cause the mobile terminal to, based on the device position and the delivery person position, generate information concerning the delivery person who is capable of carrying out the delivery of the mobile battery that is configured to supply electrical power to the device (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept); the terminal device comprises one or more third processors that execute computer-executable instructions stored in a third memory (mere instructions to apply a judicial exception); and the one or more third processors execute the computer-executable instructions stored in the third memory to cause the terminal device to: provide to the management person, information concerning the delivery person who is capable of delivering the mobile battery that is configured to supply the electrical power to the device (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which do not integrate the claim into a practical application.
Claim 13 discloses wherein the information concerning the delivery person who is capable of carrying out delivery of the mobile battery that is configured to supply the electrical power to the device is information concerning the delivery person who is positioned within a predetermined range from the device position, and capable of carrying out the delivery of the mobile battery (further defining the abstract idea set forth in Claim 12), which does not integrate the claim into a practical application.
Claim 14 discloses acquire information indicating a residual capacity of the mobile battery (an abstract idea in the form of a certain method of organizing human activity and a mental process) that is configured to supply the electrical power to the device (generally linking the use of a judicial exception to a particular technological environment or field of use); and wherein the one or more third processors cause the terminal device to: further provide to the management person information concerning the residual capacity of the mobile battery that is configured to supply the electrical power to the device (an abstract idea in the form of a certain method of organizing human activity and a mental process), which do not integrate the claim into a practical application.
Claim 15 discloses wherein the one or more first processors cause the management device to suggest to the one of the users, based on the user position and the delivery person position, a delivery location for the mobile battery that is delivered by the delivery person (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which does not integrate the claim into a practical application.
Claim 16 discloses wherein the one or more first processors cause the management device to predict a future position which is the user position in future (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept); and based on the future position and the delivery person position, suggest to the one of the users the delivery location of the mobile battery that is delivered by the delivery person (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which do not integrate the claim into a practical application.
Claim 17 discloses wherein the one or more first processors cause the management device to further suggest to the one of the users a time for reception of the mobile battery that is delivered by the delivery person (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which does not integrate the claim into a practical application.
Claim 18 discloses wherein the one or more first processors cause the management device to suggest to the one of the users, based on the user position, a battery station at which the mobile battery is configured to be received by the one of the users (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which does not integrate the claim into a practical application.
Claim 19 discloses wherein the one or more first processors cause the management device to predict a future position which is the user position in future (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept); and based on the future position, suggest to the one of the users the battery station at which the mobile battery is configured to be received by the one of the users (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which do not integrate the claim into a practical application.
Claim 20 discloses wherein the one or more first processors cause the management device to, based on an operating status of the battery station, suggest to the one of the users the battery station at which the mobile battery is configured to be received by the one of the users (an abstract idea in the form of a certain method of organizing human activity and a mental process), which does not integrate the claim into a practical application.
Claim 21 discloses wherein one or more first processors cause the management device to suggest to the one of the users, based on the user position and the delivery person position, a facility at which the mobile battery that is delivered by the delivery person is configured to be received by the one of the users (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which does not integrate the claim into a practical application.
Claim 22 discloses wherein one or more first processors cause the management device to predict a future position which is the user position in future (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept); and based on the future position and the delivery person position, suggest to the one of the users the facility at which the mobile battery that is delivered by the delivery person is configured to be received by the one of the users (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which do not integrate the claim into a practical application.
Claim 23 discloses further acquire user position information which is information indicating the user position (an abstract idea in the form of a certain method of organizing human activity and a mental process); and generate the delivery person information based on the user position information and the delivery person position information (an abstract idea in the form of a certain method of organizing human activity, a mental process, and a mathematical concept), which do not integrate the claim into a practical application.
Claim 24 discloses wherein the one or more second processors cause the mobile terminal to generate the delivery person information based on the user position and the delivery person position information supplied from the management device (an abstract idea in the form of a certain method of organizing human activity and a mental process), which does not integrate the claim into a practical application.
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 nonobviousness.
Claims 1-2, 12-13, and 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over Nozawa et al (PGPub 20220012675, claiming priority to PCT/JP2020/013776) in view of Hagiwara et al (JP 2018011414).
Regarding Claims 1, 25, and 26, Nozawa discloses:
a management device, wherein the management device comprises one or more first processors that execute computer-executable instructions stored in a first memory (¶ 0042, 0054-0055; Figs. 1, 3A; the information processing apparatus includes a processing unit, a storage unit, and a communication unit; the processing unit is a processor represented by a CPU, and executes a program stored in the storage unit);
a mobile terminal configured to communicate with the management device and be possessed by each of the users, the mobile terminal comprises one or more second processors that execute computer-executable instructions stored in a second memory (¶ 0042-0043, 0063; Figs. 1, 3B; the illustrated communication terminals exemplify communication terminals used by users; the communication terminal includes a processing unit, a storage unit, a communication unit, a display unit, and a global positioning system (GPS) sensor; the processing unit is a processor represented by a CPU, and executes a program stored in the storage unit);
a terminal device configured to communicate with the management device and be possessed by a delivery person who carries out the delivery of the battery (¶ 0042, 0045, 0065-0066; Figs. 1, 2A, 3C; the illustrated communication terminals exemplify communication terminals used by delivery candidates; the communication terminal includes a processing unit, a storage unit, a communication unit, a display unit, and a global positioning system (GPS) sensor; the processing unit is a processor represented by a CPU, and executes a program stored in the storage unit; the communication unit is a wireless communication apparatus capable of communicating with the information processing apparatus via a communication network);
the one or more first processors execute the computer-executable instructions stored in the first memory to cause the management device to: acquire delivery person position information which is information indicating a delivery person position which is a position of the delivery person (¶ 0074-0075, 0088; Figs. 4B, 6, 9A-9B; in S31, the information processing apparatus transmits an inquiry about the current position of the communication terminal of the deliverer, and the communication terminal transmits current position information detected by the GPS sensor to the information processing apparatus; the information processing apparatus searches the deliverer DB and selects one or a plurality of delivery candidates; the delivery candidate can be selected based on the delivery location and the "area" information of the delivery candidate);
the one or more first processors execute the computer-executable instructions stored in the first memory to cause the management device to, or the one or more second processors execute the computer-executable instructions stored in the second memory to cause the mobile terminal to: generate, based on a user position which is a position of at least one of the users, and the delivery person position, delivery person information, which is information concerning the delivery person who is capable of carrying out the delivery of the battery to the one of the users (¶ 0068, 0074-0075, 0088-0089; Figs. 4B, 6, 9A-9B, 11; the information processing apparatus searches the deliverer DB and selects one or a plurality of delivery candidates; the delivery candidate can be selected based on the delivery location and the "area" information of the delivery candidate; the processing unit acquires a detection result of the GPS sensor and accepts the position (that is, the current position of the delivery requester) as the delivery location; in S33, the information processing apparatus calculates the distance between the current position of the deliverer and the delivery location from the received current position information; in S34, the information processing apparatus determines whether or not the remaining distance calculated in S33 is less than a predetermined threshold value and determines whether or not the deliverer is near the delivery location; in a case where it is determined that the deliverer 201 is near the delivery location, the process proceeds to S35); and
the one or more second processors execute the computer-executable instructions stored in the second memory to cause the mobile terminal to: provide to the one of the users the delivery person information generated by the information generating unit (¶ 0085, 0089, 0135; Figs. 5, 11; in S19, the information processing apparatus confirms establishment of the delivery request, and transmits establishment information indicating the establishment to each of the communication terminal of the delivery requester and the communication terminal of the deliverer; in S35, the information processing apparatus transmits information indicating that the battery will arrive soon to the communication terminal of the delivery requester; note that the information processing apparatus may transmit the current position information of the deliverer to the communication terminal in response to a request from the communication terminal of the delivery requester).
Nozawa does not explicitly disclose but Hagiwara does disclose wherein the battery is a mobile battery (Abstract; ¶ 0003-0004; a rental mobile battery). For the sake of simplicity, all mentions of mobile batteries should be considered as disclosed by way of combination with this reference.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to include the battery rental techniques of Hagiwara with the battery rental and delivery system of Nozawa because the combination merely simple substitution of one known element for another to obtain predictable results (see KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398, 415-421 (2007) and MPEP 2143). The known techniques of Hagiwara are applicable to the base device (Nozawa), the technical ability existed to improve the base device in the same way, and the results of the combination are predictable because the function of each piece (as well as the problems in the art which they address) are unchanged when combined.
Regarding Claim 2, Nozawa in view of Hagiwara discloses the limitations of Claim 1. Nozawa additionally discloses wherein the delivery person information is information concerning the delivery person who is positioned within a predetermined range from the user position and is capable of carrying out the delivery of the mobile battery (¶ 0068, 0074-0075, 0088-0089; Figs. 4B, 6, 9A-9B, 11; the information processing apparatus searches the deliverer DB and selects one or a plurality of delivery candidates; the delivery candidate can be selected based on the delivery location and the "area" information of the delivery candidate; the processing unit acquires a detection result of the GPS sensor and accepts the position (that is, the current position of the delivery requester) as the delivery location; in S33, the information processing apparatus calculates the distance between the current position of the deliverer and the delivery location from the received current position information; in S34, the information processing apparatus determines whether or not the remaining distance calculated in S33 is less than a predetermined threshold value and determines whether or not the deliverer is near the delivery location; in a case where it is determined that the deliverer 201 is near the delivery location, the process proceeds to S35).
Regarding Claim 12, Nozawa in view of Hagiwara discloses the limitations of Claim 1. Nozawa additionally discloses the one or more first processors cause the management device to further acquire information indicating a device position which is a position of device (¶ 0063-0064, 0068; Fig. 3B; the GPS sensor is a sensor that detects the current position of the communication terminal; the processing unit acquires a detection result of the GPS sensor and accepts the position (that is, the current position of the delivery requester) as the delivery location). Nozawa does not explicitly disclose but Hagiwara does disclose wherein the device is a device to which electrical power is configured to be supplied by the mobile battery (Abstract; ¶ 0003-0004; a rental mobile battery).
Nozawa additionally discloses:
the mobile terminal is possessed by the one of the users who is a management person who manages the device (¶ 0042-0043, 0063; Figs. 1, 3B; the illustrated communication terminals exemplify communication terminals used by users; the communication terminal includes a processing unit, a storage unit, a communication unit, a display unit, and a global positioning system (GPS) sensor; the processing unit is a processor represented by a CPU, and executes a program stored in the storage unit);
the one or more first processors cause the management device to, or the one or more second processors cause the mobile terminal to, based on the device position and the delivery person position, generate information concerning the delivery person who is capable of carrying out the delivery of the mobile battery that is configured to supply electrical power to the device (¶ 0068, 0074-0075, 0088-0089; Figs. 4B, 6, 9A-9B, 11; the information processing apparatus searches the deliverer DB and selects one or a plurality of delivery candidates; the delivery candidate can be selected based on the delivery location and the "area" information of the delivery candidate; the processing unit acquires a detection result of the GPS sensor and accepts the position (that is, the current position of the delivery requester) as the delivery location; in S33, the information processing apparatus calculates the distance between the current position of the deliverer and the delivery location from the received current position information; in S34, the information processing apparatus determines whether or not the remaining distance calculated in S33 is less than a predetermined threshold value and determines whether or not the deliverer is near the delivery location; in a case where it is determined that the deliverer 201 is near the delivery location, the process proceeds to S35);
the terminal device comprises one or more third processors that execute computer-executable instructions stored in a third memory (¶ 0042, 0045, 0065-0066; Figs. 1, 2A, 3C; the illustrated communication terminals exemplify communication terminals used by delivery candidates; the communication terminal includes a processing unit, a storage unit, a communication unit, a display unit, and a global positioning system (GPS) sensor; the processing unit is a processor represented by a CPU, and executes a program stored in the storage unit; the communication unit is a wireless communication apparatus capable of communicating with the information processing apparatus via a communication network); and
the one or more third processors execute the computer-executable instructions stored in the third memory to cause the terminal device to: provide to the management person, information concerning the delivery person who is capable of delivering the mobile battery that is configured to supply the electrical power to the device (¶ 0074-0075, 0088; Figs. 4B, 6, 9A-9B; in S31, the information processing apparatus transmits an inquiry about the current position of the communication terminal of the deliverer, and the communication terminal transmits current position information detected by the GPS sensor to the information processing apparatus; the information processing apparatus searches the deliverer DB and selects one or a plurality of delivery candidates; the delivery candidate can be selected based on the delivery location and the "area" information of the delivery candidate).
The rationale to combine remains the same as for Claim 1.
Regarding Claim 13, Nozawa in view of Hagiwara discloses the limitations of Claim 12. Nozawa additionally discloses wherein the information concerning the delivery person who is capable of carrying out delivery of the mobile battery that is configured to supply the electrical power to the device is information concerning the delivery person who is positioned within a predetermined range from the device position, and capable of carrying out the delivery of the mobile battery (¶ 0068, 0074-0075, 0088-0089; Figs. 4B, 6, 9A-9B, 11; the information processing apparatus searches the deliverer DB and selects one or a plurality of delivery candidates; the delivery candidate can be selected based on the delivery location and the "area" information of the delivery candidate; the processing unit acquires a detection result of the GPS sensor and accepts the position (that is, the current position of the delivery requester) as the delivery location; in S33, the information processing apparatus calculates the distance between the current position of the deliverer and the delivery location from the received current position information; in S34, the information processing apparatus determines whether or not the remaining distance calculated in S33 is less than a predetermined threshold value and determines whether or not the deliverer is near the delivery location; in a case where it is determined that the deliverer 201 is near the delivery location, the process proceeds to S35).
The rationale to combine remains the same as for Claim 1.
Regarding Claim 23, Nozawa in view of Hagiwara discloses the limitations of Claim 1. Nozawa additionally discloses:
further acquire user position information which is information indicating the user position (¶ 0063-0064, 0068; Fig. 3B; the GPS sensor is a sensor that detects the current position of the communication terminal; the processing unit acquires a detection result of the GPS sensor and accepts the position (that is, the current position of the delivery requester) as the delivery location); and
generate the delivery person information based on the user position information and the delivery person position information (¶ 0042, 0045, 0065-0066; Figs. 1, 2A, 3C; the illustrated communication terminals exemplify communication terminals used by delivery candidates; the communication terminal includes a processing unit, a storage unit, a communication unit, a display unit, and a global positioning system (GPS) sensor; the processing unit is a processor represented by a CPU, and executes a program stored in the storage unit; the communication unit is a wireless communication apparatus capable of communicating with the information processing apparatus via a communication network).
Regarding Claim 24, Nozawa in view of Hagiwara discloses the limitations of Claim 1. Nozawa additionally discloses wherein the one or more second processors cause the mobile terminal to generate the delivery person information based on the user position and the delivery person position information supplied from the management device (¶ 0042, 0045, 0065-0066; Figs. 1, 2A, 3C; the illustrated communication terminals exemplify communication terminals used by delivery candidates; the communication terminal includes a processing unit, a storage unit, a communication unit, a display unit, and a global positioning system (GPS) sensor; the processing unit is a processor represented by a CPU, and executes a program stored in the storage unit; the communication unit is a wireless communication apparatus capable of communicating with the information processing apparatus via a communication network; performing a disclosed function by way of a different component of a disclosed system is an obvious variation).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nozawa in view of Hagiwara and Mazetti et al (PGPub 20180260778).
Regarding Claim 6, Nozawa in view of Hagiwara discloses the limitations of Claim 1. Nozawa additionally discloses wherein the one or more second processors cause the mobile terminal to further provide to the one of the users information about the delivery person (¶ 0085, 0089, 0135; Figs. 5, 11; in S19, the information processing apparatus confirms establishment of the delivery request, and transmits establishment information indicating the establishment to each of the communication terminal of the delivery requester and the communication terminal of the deliverer; in S35, the information processing apparatus transmits information indicating that the battery will arrive soon to the communication terminal of the delivery requester; note that the information processing apparatus may transmit the current position information of the deliverer to the communication terminal in response to a request from the communication terminal of the delivery requester). Nozawa does not explicitly disclose but Mazetti does disclose wherein the information about the delivery person comprises information indicating a number of the mobile batteries possessed by the delivery person (¶ 0012, 0044-0046; stock information comprising the amount of the requested item; server can keep track of the stock of all autonomous vending vehicles). Nozawa does not explicitly disclose but Hagiwara does disclose wherein the batteries are mobile batteries (Abstract; ¶ 0003-0004; a rental mobile battery).
The rationale to combine Nozawa and Hagiwara remains the same as for Claim 1. It would further have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to include the product delivery stock tracking techniques of Mazetti with the battery rental and delivery system of Nozawa because the combination merely applies a known technique to a known device/method/product ready for improvement to yield predictable results (see KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398, 415-421 (2007) and MPEP 2143). The known techniques of Mazetti are applicable to the base device (Nozawa), the technical ability existed to improve the base device in the same way, and the results of the combination are predictable because the function of each piece (as well as the problems in the art which they address) are unchanged when combined.
Claims 10-11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nozawa in view of Hagiwara and Lang (PGPub 20180339602).
Regarding Claim 10, Nozawa in view of Hagiwara discloses the limitations of Claim 1. Nozawa does not explicitly disclose but Lang does disclose wherein the one or more second processors cause the mobile terminal to further provide to the one of the users, based on the user position, information concerning a charging spot at which the battery is configured to be charged, the battery being possessed by the one of the users who is in possession of the mobile terminal (¶ 0008, 0015, 0023, 0043-0044; the driver can then send an inquiry for a charging opportunity to the server; said inquiry can comprise, for example, a navigation destination as well as a current location and a current state of charge of the motor vehicle; if a plurality of charging opportunities are selected, then they can be sorted according to their degree of correspondence, their geographic distance, the particular energy price, or the like, for example, and transmitted to the driver). Nozawa does not explicitly disclose but Hagiwara does disclose wherein the battery is a mobile battery (Abstract; ¶ 0003-0004; a rental mobile battery).
The rationale to combine Nozawa and Hagiwara remains the same as for Claim 1. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to include the battery charging station-related analysis, determination, and recommendation techniques of Lang with the battery rental and delivery system of Nozawa because the combination merely applies a known technique to a known device/method/product ready for improvement to yield predictable results (see KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398, 415-421 (2007) and MPEP 2143). The known techniques of Lang are applicable to the base device (Nozawa), the technical ability existed to improve the base device in the same way, and the results of the combination are predictable because the function of each piece (as well as the problems in the art which they address) are unchanged when combined.
Regarding Claim 11, Nozawa in view of Hagiwara and Lang discloses the limitations of Claim 12. Nozawa additionally discloses wherein the one or more second processors cause the mobile terminal to further provide information to the one of the users (¶ 0085, 0089, 0135; Figs. 5, 11; in S19, the information processing apparatus confirms establishment of the delivery request, and transmits establishment information indicating the establishment to each of the communication terminal of the delivery requester and the communication terminal of the deliverer; in S35, the information processing apparatus transmits information indicating that the battery will arrive soon to the communication terminal of the delivery requester; note that the information processing apparatus may transmit the current position information of the deliverer to the communication terminal in response to a request from the communication terminal of the delivery requester). Nozawa does not explicitly disclose but Lang does disclose wherein the information is a required time period information indicating a time period required to charge the battery in a case that the battery possessed by the one of the users is charged at the charging spot (¶ 0021; the state of charge can be taken into consideration in order to determine, in combination with the electric charging capacity made available by the particular charging station, a charging time that is required for charging the traction battery; it is possible in this way to schedule a full charging of the traction battery). Nozawa does not explicitly disclose but Hagiwara does disclose wherein the battery is a mobile battery (Abstract; ¶ 0003-0004; a rental mobile battery).
The rationale to combine remains the same as for Claim 10.
Regarding Claim 18, Nozawa in view of Hagiwara discloses the limitations of Claim 1. Nozawa does not explicitly disclose but Lang does disclose wherein the one or more first processors cause the management device to suggest to the one of the users, based on the user position, a battery station at which the battery is configured to be received by the one of the users (¶ 0008, 0015, 0023, 0043-0044; the driver can then send an inquiry for a charging opportunity to the server; said inquiry can comprise, for example, a navigation destination as well as a current location and a current state of charge of the motor vehicle; if a plurality of charging opportunities are selected, then they can be sorted according to their degree of correspondence, their geographic distance, the particular energy price, or the like, for example, and transmitted to the driver). Nozawa does not explicitly disclose but Hagiwara does disclose wherein the battery is a mobile battery (Abstract; ¶ 0003-0004; a rental mobile battery).
The rationale to combine remains the same as for Claim 10.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Nozawa in view of Hagiwara, Lang, and Kawamoto et al (PGPub 20200380429).
Regarding Claim 20, Nozawa in view of Hagiwara and Lang discloses the limitations of Claim 18. Nozawa does not explicitly disclose but Kawamoto does disclose wherein the one or more first processors cause the management device to, based on an operating status of the battery station, suggest to the one of the users the battery station at which the mobile battery is configured to be received by the one of the users (¶ 0080-0081, 0101; Fig. 13; reservation status obtainment unit receives reservation status of the charging station associated with the candidate charging location from charging station management server via communication unit; reservation status may include, for example, an available time slot obtained by removing the reserved time slots from the future time slots; reservation details arrangement unit selects a charging time slot to be reserved from the available charging time slots of the charging station at the selected candidate charging location; the charging standard provides information on the characteristics of a charging station, the information being necessary when using the charging station, e.g., operating hours during which the charging station is available; thus, it is possible to identify the period from the start time to the end time as the operating hours during which the charging station is available).
The rationale to combine Nozawa, Hagiwara, and Lang remains the same as for Claim 10. It would further have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to include the battery charging station-related analysis, determination, and recommendation techniques of Kawamoto with the battery rental and delivery system of Nozawa because the combination merely applies a known technique to a known device/method/product ready for improvement to yield predictable results (see KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398, 415-421 (2007) and MPEP 2143). The known techniques of Kawamoto are applicable to the base device (Nozawa), the technical ability existed to improve the base device in the same way, and the results of the combination are predictable because the function of each piece (as well as the problems in the art which they address) are unchanged when combined.
Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Nozawa in view of Hagiwara and Malta et al (PGPub 20230347938, claiming the benefit of Provisional Application 63335993).
Regarding Claim 15, Nozawa in view of Hagiwara discloses the limitations of Claim 1. Nozawa does not explicitly disclose but Malta does disclose wherein the one or more first processors cause the management device to suggest to the one of the users, based on the user position and the delivery person position, a location (¶ 0096; the client device can identify the user's position; this can be used in various ways by the system, such as to suggest more suitable pickup locations, enable the vehicle to modify its route or pullover location, avoid vehicle delays by waiting at unsuitable locations, etc.). Nozawa additionally discloses wherein the location is a delivery location for the mobile battery that is delivered by the delivery person (¶ 0068, 0074-0075, 0088-0089; Figs. 4B, 6, 9A-9B, 11; the information processing apparatus searches the deliverer DB and selects one or a plurality of delivery candidates; the delivery candidate can be selected based on the delivery location and the "area" information of the delivery candidate; the processing unit acquires a detection result of the GPS sensor and accepts the position (that is, the current position of the delivery requester) as the delivery location; in S33, the information processing apparatus calculates the distance between the current position of the deliverer and the delivery location from the received current position information; in S34, the information processing apparatus determines whether or not the remaining distance calculated in S33 is less than a predetermined threshold value and determines whether or not the deliverer is near the delivery location; in a case where it is determined that the deliverer 201 is near the delivery location, the process proceeds to S35).
The rationale to combine Nozawa and Hagiwara remains the same as for Claim 1. One of ordinary skill in the art would further have been motivated to include the product delivery techniques of Malta with the battery rental and delivery system of Nozawa to improve the coordination of delivery directly to a user’s location already present in Nozawa (see at least Paragraph 0096 of Malta).
Regarding Claim 15, Nozawa in view of Hagiwara and Malta discloses the limitations of Claim 15. Nozawa additionally discloses wherein the one or more first processors cause the management device to further suggest to the one of the users a time for reception of the mobile battery that is delivered by the delivery person (¶ 0084-0085, 0096; Figs. 5, 10B, 13B; information for confirming the delivery location and the delivery time is displayed together with the acceptance of the delivery request; the delivery time is the scheduled delivery time calculated in S18).
Novel/Non-Obvious Subject Matter
Claims 3-5, 7-9, 14, 16, 19, and 21-22 contain novel and non-obvious subject matter. The following is a statement of reasons for the indication of novel and non-obvious subject matter: no references teach or suggest the respective specific sequences of logical steps and logical operations in the context of the systems and methods recited for delivery of goods to a user. Further, combining these references with the references presently cited as disclosing the limitations of the independent claims to reach these respective specific sequences of logical steps of logical operations would be unreasonable based on the number of and the manner of combining said references that would be required to do so.
Discussion of Prior Art Cited but Not Applied
For additional information on the state of the art regarding the claims of the present application, please see the following documents not applied in this Office Action (all of which are prior art to the present application):
PGPub 20220269268 – “Methods and Apparatus for Providing Enhanced Automated Access to a Dispatched Personal Delivery Device Operative to Transport a Shipment Item,” Lau et al
PGPub 20190043001 – “Systems and Methods for Scheduling En Route Product Delivery,” Woulfe et al
PGPub 20030137277 – “Battery and Maintenance Service System for Power Supply Device,” Mori et al
PGPub 20150294266 – “Delivery of Physical Objects to Non-Fixed End Points,” Siragusa
US 10860968 – “System Management Based on Device Information,” Iacono et al
Balson et al, On-Demand Batteries as a Peer-to-Peer Service, 2021 IEEE PES Innovative Smart Grid Technologies - Asia (ISGT Asia)
Conclusion
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/MARK C CLARE/Examiner, Art Unit 3628
/JEFF ZIMMERMAN/Supervisory Patent Examiner, Art Unit 3628
