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 . Claims 1-20 are pending.
Claim Objections
Claim 20 is objected to because of the following informalities.
In claim 20, applicant recites “receiving, by the transportation management device, a transportation request from a transportation requestor device,” where, given that the “transportation requestor device” has already been introduced, the limitation should read: “receiving, by the transportation management device, a transportation request from the transportation requestor device.”
Appropriate correction is required.
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 a judicial exception without significantly more.
Step 1 (The Statutory Categories): Is the claim to a process, machine, manufacture, or composition of matter? MPEP 2106.03.
Per Step 1, claim 1 is to a system (i.e., a machine), claims 12 and 20 to a method (i.e., a process). Thus, the claims are directed to statutory categories of invention. However, the claims are rejected under 35 U.S.C. 101 because they are directed to an abstract idea, a judicial exception, without reciting additional elements that integrate the judicial exception into a practical application.
The analysis proceeds to Step 2A Prong One.
Step 2A Prong One: Does the claim recite an abstract idea, law of nature, or natural phenomenon? MPEP 2106.04.
The abstract idea of claims 1 and 12 is (claim 12 being representative):
creating a transportation pass that allows to request transit via the transportation pass within a multi-modal transportation ecosystem;
receiving redemption criteria from an entity, the redemption criteria defining conditions under which the transportation pass is valid for transportation requests;
monitoring one or more triggers for modification of the redemption criteria;
dynamically modifying, in real time, the redemption criteria in response to detection of at least one of the triggers, wherein the modification comprises at least one of altering a pass coverage zone, updating a time window, or changing modality restrictions;
applying the modified redemption criteria to subsequent transportation requests received; and
fulfilling the transportation request in accordance with the modified redemption criteria
The abstract idea of claim 20 is:
creating a transportation pass for an entity, the transportation pass enabling to request transportation via one or more transportation modalities;
receiving redemption criteria from the entity, the redemption criteria defining conditions under which the transportation pass is valid, the redemption criteria comprising at least one of a geographic pass coverage zone, a time window, or a transportation modality restriction;
monitoring one or more triggers for modification of the redemption criteria;
dynamically modifying, in real time, the redemption criteria in response to detection of at least one of the triggers, thereby generating updated redemption criteria;
receiving a transportation request;
determining that the transportation request satisfies the updated redemption criteria; and
fulfilling the transportation request in accordance with the updated redemption criteria.
The abstract idea steps italicized above are those which could be performed mentally, including with pen and paper. The steps describe, at a high level, creating transportation passes and evaluating their use in view of redemption criteria and associated triggers. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, including observations, evaluations, judgements, and/or opinions, then it falls within the Mental Processes – Concepts Performed in the Human Mind grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Additionally and alternatively, the abstract idea steps italicized above describe the rules or instructions associated with an administrator managing transportation passes and evaluating their use in view of redemption criteria and associated triggers, which constitutes a process that, under its broadest reasonable interpretation, covers managing personal behavior relationships, interactions between people. This is further supported by para. [2]-[3] of applicant’s specification as filed. If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior relationships, interactions between people, including social activities, teaching, and/or following rules or instructions, then it falls within the Certain Methods of Organizing Human Activity – Managing Personal Behavior Relationships, Interactions Between People grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two: Does the claim recite additional elements that integrate the judicial exception into a practical application? MPEP 2106.04.
This judicial exception is not integrated into a practical application because the additional elements are merely instructions to apply the abstract idea to a computer, as described in MPEP 2106.05(f).
Claim 1 recites the following additional elements: non-transitory memory; one or more hardware processors configured to execute instructions from the non-transitory memory to perform operations; digital; transportation requestor devices; by a [the] transportation management device; from at least one of the transportation requestor devices.
Claim 12 recites the following additional elements: computer-implemented; digital; transportation requestor devices; by a [the] transportation management device; from at least one of the transportation requestor devices.
Claim 20 recites the following additional elements: computer-implemented; by a [the] transportation management device; digital; a transportation requestor device; from a transportation requestor device.
These elements are merely instructions to apply the abstract idea to a computer, per MPEP 2106.05(f). Applicant has only described generic computing elements in their specification, as seen in para. [34]-[35] of applicant’s specification as filed, for example.
Further, the combination of these elements is nothing more than a generic computing system applied to the tasks of the abstract idea. Because the additional elements are merely instructions to apply the abstract idea to a generic computing system, they do not integrate the abstract idea into a practical application, when viewed in combination. See MPEP 2106.05(f).
Therefore, per Step 2A Prong Two, the additional elements, alone and in combination, do not integrate the judicial exception into a practical application. The claim is directed to an abstract idea.
Step 2B (The Inventive Concept): Does the claim recite additional elements that amount to significantly more than the judicial exception? MPEP 2106.05.
Step 2B involves evaluating the additional elements to determine whether they amount to significantly more than the judicial exception itself.
The examination process involves carrying over identification of the additional element(s) in the claim from Step 2A Prong Two and carrying over conclusions from Step 2A Prong Two pertaining to MPEP 2106.05(f).
The additional elements and their analysis are therefore carried over: applicant has merely recited elements that facilitate the tasks of the abstract idea, as described in MPEP 2106.05(f).
Further, the combination of these elements is nothing more than a generic computing system applied to the tasks of the abstract idea. When the claim elements above are considered, alone and in combination, they do not amount to significantly more.
Therefore, per Step 2B, the additional elements, alone and in combination, are not significantly more. The claims are not patent eligible.
The analysis takes into consideration all dependent claims as well:
Dependent claims 2-11 and 13-19 narrow the abstract idea(s) above with additional abstract steps and/or information. This narrowing of the abstract idea does not integrate it into practical application or add significantly more. Some of the dependent claims recite further additional elements, beyond those highlighted above:
Claim 3: via an interface provided by the transportation management device.
Claims 9 and 19: from a third-party system.
Similar to above, these are generic computing elements that are simply facilitating the tasks of the narrowed abstract idea(s). Whether viewed alone or in combination with those additional elements identified previously, this does not integrate the narrowed abstract idea(s) into practical application or add significantly more. See MPEP 2106.05(f).
Accordingly, claims 1-20 are rejected under 35 USC § 101 as being directed to non-statutory subject matter.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wilhelm (US 20200250773) in view of Zhu (US 20210192664).
Claims 1 and 12
Wilhelm discloses:
[A system {See para. [0038]} comprising:]
[A computer-implemented method {See para. [0002]}, comprising:]
creating a digital transportation pass that allows transportation requestor devices to request transit via the digital transportation pass within a multi-modal transportation ecosystem {transportation credits issued to user mobile device thereby creating a digital transportation pass for subsequent redemption across various transportation options, i.e., creating a digital transportation pass that allows transportation requestor devices to request transit via the digital transportation pass; para. [0112]; within a multi-modal transportation ecosystem indicated in para. [0091]: The credit, which may be used, for example, for taxis, ride-shares, bike and/or scooter rentals, public transportation and/or the like, may have one or more geographic restrictions to assure the credits are being used for alternative transportation options to, from and/or within the congested neighborhood.};
receiving, by a transportation management device, redemption criteria from an entity, the redemption criteria defining conditions under which the digital transportation pass is valid for transportation requests {a sponsor may impose conditions, i.e. criteria, on the redemption of transportation credits according to the principles of this disclosure, for example, a sponsor may provide transportation credits to recipients that may only be redeemed during certain time frames, within certain geographic boundaries, based on routes taken to avoid congestion, etc., i.e. receiving, by a transportation management device, redemption criteria from an entity, the redemption criteria defining conditions under which the digital transportation pass is valid for transportation requests; para. [0090]};
monitoring, by the transportation management device, one or more triggers for modification of the redemption criteria {conditions on transportation credits may be monitored and/or enforced directly by a validation network provider which may have, for example, continuous access to geolocation data from a recipient's mobile computing device, e.g., through a mobile app or other service that provides location updates while running in the background, i.e., monitoring, by the transportation management device, one or more triggers for modification of the redemption criteria; para. [0093]}.
Wilhelm doesn’t explicitly disclose, however, Zhu, in a similar field of endeavor directed to dynamic geofence zones for ride sharing, teaches:
a non-transitory memory {permanent and temporary, i.e., non-transitory, memory; para. [0026]};
one or more hardware processors configured to execute instructions from the non-transitory memory to perform operations {the computing system 102 may include one or more processors; para. [0026]};
dynamically modifying, in real time and by the transportation management device, the redemption criteria in response to detection of at least one of the triggers, wherein the modification comprises at least one of altering a pass coverage zone, updating a time window, or changing modality restrictions {geofence zones modified in response to, e.g., number of safety incidents, i.e., dynamically modifying, in real time and by the transportation management device, the redemption criteria in response to detection of at least one of the triggers, wherein the modification includes altering a pass coverage zone or updating a time window, for example, a dynamic geofence zone may be moved to an area with a high number of safety incidents, or an area that is predicted to have a high number of safety incidents in the future; para. [0040], [0041]};
applying the modified redemption criteria to at least one subsequent transportation request received from at least one of the transportation requestor devices {See previous citations to [0040]-[0041]}; and
fulfilling the transportation request in accordance with the modified redemption criteria {See previous citations to [0040]-[0041]}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wilhelm to include the features of Zhu. Given that Wilhelm is directed to transportation credit redemption in a multi-modal transportation ecosystem that includes ride sharing, one of ordinary skill in the art would have looked to Zhu, in order to improve the safety and security of a ride sharing platform by creating and deploying geofence zones {[0023] of Zhu}.
Claims 2 and 13
Zhu furth teaches: wherein the modification of the redemption criteria is performed automatically by the transportation management device in response to a detected trigger {modification of the redemption criteria is performed automatically by the transportation management device in response to a detected trigger described in para. [0032]: The trigger condition component 116 may be configured to set at least one trigger condition for the at least one set of safety geofence zones. In some embodiments, each set of safety geofence zones may have multiple trigger conditions. Each set of safety geofence zones may have different trigger conditions. In some embodiments, individual safety geofence zones may have different trigger conditions. The at least one trigger condition may be based on zone types }.
The motivation and rationale to include the additional features of Zhu is the same as set forth previously.
Claims 3
Wilhelm further discloses: wherein the modification of the redemption criteria is performed manually by the entity via an interface provided by the transportation management device {the modification of the redemption criteria is performed manually by the entity via an interface provided by the transportation management device described in [0098]: The transportation provider may then manage the transportation credits and conditions 334, for example, in a recipient's account with the provider, and provide transportation to the recipient while checking the user's identity, applying the transportation credits, and/or enforcing any conditions that may be imposed by the sponsor.}.
Claims 4 and 14
Zhu further teaches: wherein the pass coverage zone is modified by [wherein altering the pass coverage zone comprises] expanding, contracting, or reshaping a geographic boundary within which the digital transportation pass is valid {the pass coverage zone is modified by expanding, contracting, or reshaping a geographic boundary within which the digital transportation pass is valid described in [0029]: The geofencing component 112 may be configured to create at least one set of dynamic geofence zones associated with a ride sharing service. Dynamic geofence zones may only be active for set periods of times and may be relocated to different areas. In some embodiments, dynamic geofence zones may be smaller than static geofence zones. In some embodiments, the size of dynamic geofence zones may be adjustable. For example, the size of a dynamic geofence zone may be reduced by increasing the size of a corresponding code from six characters to eight characters.}.
The motivation and rationale to include the additional features of Zhu is the same as set forth previously.
Claims 5 and 15
Zhu further teaches: wherein the time window is modified by updating [wherein updating the time window comprises modifying] at least one of a start time, end time, or permitted days of use for the digital transportation pass {the time window is modified by updating at least one of a start time, end time, or permitted days of use for the digital transportation pass described in [0031]: The zone type component 116 may further be configured to set at least one time period for the at least one set of dynamic geofence zones. For example, a dynamic geofence zone may restrict rides at night and be inactive during the day. In another example, dynamic geofence zones may include spatial-temporal cubes with a geohash represented area and a fixed time window. }.
The motivation and rationale to include the additional features of Zhu is the same as set forth previously.
Claims 6 and 16
Wilhelm further discloses: wherein the modality restrictions are modified by [wherein changing modality restrictions comprises] enabling or disabling access to one or more transportation modalities comprising at least one of: ridesharing vehicles, rental vehicles, public transportation, personal mobility vehicles, or micro-mobility vehicles {wherein the modality restrictions are modified by enabling or disabling access to one or more transportation modalities comprising at least one of: ridesharing vehicles, rental vehicles, public transportation, personal mobility vehicles, or micro-mobility vehicles described in [0099]: The management of transportation credits and conditions 334, as well as the transportation services, may be provided through a mobile application 338, or in any other suitable manner such as a web portal, a user interface on a rental bike or scooter, a touchscreen on a public transportation vehicle, etc. In some embodiments, the processes 330 and 332 between the validation network provider's web portal 336 and the transportation provider's mobile app 338 may be implemented on a back-end infrastructure of the transportation provider.}.
Claims 7 and 17
Zhu further teaches: transmitting updated redemption criteria to transportation requestor devices in real time {transmitting updated redemption criteria to transportation requestor devices in real time described in [0040]: The updating component 120 may be configured to update the at least one set of dynamic geofence zones. In some embodiments, updating the at least one set of dynamic geofence zones may include removing at least one dynamic geofence zone from the at least one set of dynamic geofence zones. In some embodiments, updating the at least one set of dynamic geofence zones may include reducing a size of at least one dynamic geofence zone of the at least one set of dynamic geofence zones by increasing the length of a geohash of the at least one dynamic geofence zone.}.
The motivation and rationale to include the additional features of Zhu is the same as set forth previously.
Claims 8 and 18
Zhu further teaches: wherein the one or more triggers comprise at least one of: user behavior, external data, or system events {the one or more triggers comprise at least one of: user behavior, external data, or system events described in [0032]: The trigger condition component 116 may be configured to set at least one trigger condition for the at least one set of safety geofence zones. In some embodiments, each set of safety geofence zones may have multiple trigger conditions. Each set of safety geofence zones may have different trigger conditions. In some embodiments, individual safety geofence zones may have different trigger conditions. The at least one trigger condition may be based on zone types.}.
The motivation and rationale to include the additional features of Zhu is the same as set forth previously.
Claims 9 and 19
Zhu further teaches: wherein the triggers comprise detection of a scheduled event, a change in user location, a change in transportation demand, or receipt of external data from a third-party system {the triggers comprise detection of a scheduled event, a change in user location, a change in transportation demand, or receipt of external data from a third-party system described in [0042]: A dynamic geofence zone may be moved to follow a criminal as they move (e.g., change houses). For example, the geofence zone may follow a cell phone (e.g., phone number, ride sharing application).}.
The motivation and rationale to include the additional features of Zhu is the same as set forth previously.
Claim 10
Zhu further teaches: wherein applying the modified redemption criteria to at least one subsequent transportation request received from at least one of the transportation requestor devices comprises applying the modified redemption criteria to at least one subsequent transportation request of a single transportation requestor device {applying the modified redemption criteria to at least one subsequent transportation request of a single transportation requestor device described in [0050]: With respect to the method 600, at block 610, at least one set of dynamic geofence zones may be created which are associated with a ride sharing service. At block 620, at least one time period may be set for the at least one set of dynamic geofence zones. At block 630, the at least one set of dynamic geofence zones may be deployed. At block 640, the at least one set of dynamic geofence zones may be updated.}.
The motivation and rationale to include the additional features of Zhu is the same as set forth previously.
Claim 11
Zhu further teaches: wherein the modified redemption criteria is applied to subsequent transportation requests received from more than one of the transportation requestor devices {the modified redemption criteria is applied to subsequent transportation requests received from more than one of the transportation requestor devices described in [0050]: With respect to the method 600, at block 610, at least one set of dynamic geofence zones may be created which are associated with a ride sharing service. At block 620, at least one time period may be set for the at least one set of dynamic geofence zones. At block 630, the at least one set of dynamic geofence zones may be deployed. At block 640, the at least one set of dynamic geofence zones may be updated.}.
The motivation and rationale to include the additional features of Zhu is the same as set forth previously.
Claim 20
Wilhelm discloses:
A computer-implemented method {See para. [0002]}, comprising:
creating, by a transportation management device, a digital transportation pass for an entity, the digital transportation pass enabling a transportation requestor device to request transportation via one or more transportation modalities {transportation credits issued to user mobile device thereby creating a digital transportation pass for subsequent redemption across various transportation options, i.e., creating, by a transportation management device, a digital transportation pass for an entity; para. [0112]; the digital transportation pass enabling a transportation requestor device to request transportation via one or more transportation modalities indicated in para. [0091]: The credit, which may be used, for example, for taxis, ride-shares, bike and/or scooter rentals, public transportation and/or the like, may have one or more geographic restrictions to assure the credits are being used for alternative transportation options to, from and/or within the congested neighborhood.};
receiving, by the transportation management device, redemption criteria from the entity, the redemption criteria defining conditions under which the digital transportation pass is valid, the redemption criteria comprising at least one of a geographic pass coverage zone, a time window, or a transportation modality restriction {a sponsor may impose conditions, i.e. criteria, on the redemption of transportation credits according to the principles of this disclosure, for example, a sponsor may provide transportation credits to recipients that may only be redeemed during certain time frames, within certain geographic boundaries, based on routes taken to avoid congestion, etc., i.e. the redemption criteria defining conditions under which the digital transportation pass is valid, the redemption criteria comprising at least one of a geographic pass coverage zone, a time window, or a transportation modality restriction; para. [0090]};
monitoring, by the transportation management device, one or more triggers for modification of the redemption criteria {conditions on transportation credits may be monitored and/or enforced directly by a validation network provider which may have, for example, continuous access to geolocation data from a recipient's mobile computing device, e.g., through a mobile app or other service that provides location updates while running in the background, i.e., monitoring, by the transportation management device, one or more triggers for modification of the redemption criteria; para. [0093]}.
Wilhelm doesn’t explicitly disclose, however, Zhu, in a similar field of endeavor directed to dynamic geofence zones for ride sharing, teaches:
dynamically modifying, in real time and by the transportation management device, the redemption criteria in response to detection of at least one of the triggers, thereby generating updated redemption criteria {geofence zones modified in response to, e.g., number of safety incidents, i.e., dynamically modifying, in real time and by the transportation management device, the redemption criteria in response to detection of at least one of the triggers, thereby generating updated redemption criteria, wherein the modification includes altering a pass coverage zone or updating a time window, for example, a dynamic geofence zone may be moved to an area with a high number of safety incidents, or an area that is predicted to have a high number of safety incidents in the future; para. [0040], [0041]};
receiving, by the transportation management device, a transportation request from a transportation requestor device {See previous citations to [0040]-[0041]. Also see [0044]: FIG. 2 illustrates an exemplary map 200 of geofence zones, in accordance with various embodiments. Geofence zones 210, 220, 230, and 240 may each have zone types. Any of geofence zones 210, 220, 230, and 240 may have the same zone type, or the zone type may be different for each of geofence zones 210, 220, 230, and 240. Trip requests with origins or destinations within geofence zones 210, 220, 230, and 240 may trigger remedial actions based on the zone types. For example, geofence zone 210 may be a blocking zone. Any request for a trip within geofence zone 210 may be blocked.};
determining, by the transportation management device, that the transportation request satisfies the updated redemption criteria {See previous citations to [0040]-[0041] and [0044]}; and
fulfilling, by the transportation management device, the transportation request in accordance with the updated redemption criteria {See previous citations to [0040]-[0041] and [0044]}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wilhelm to include the features of Zhu. Given that Wilhelm is directed to transportation credit redemption in a multi-modal transportation ecosystem that includes ride sharing, one of ordinary skill in the art would have looked to Zhu, in order to improve the safety and security of a ride sharing platform by creating and deploying geofence zones {[0023] of Zhu}.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
“Designing a multimodal generalised ride sharing system” (NPL attached), which teaches: Then, the aim of this work is to introduce a generalised ride sharing system consisting of an integrated multimodal transport system which virtualises already available different modes allowing users to schedule multimodal trips in a single task.
US 20180275661, which teaches: A multi-mode transportation system and method are provided in which a scheduler service (SS) generates an initial transportation schedule (TS) including a list of transport legs where transport over one or more transport legs is via an autonomous vehicle (AV) from an initial scheduled pick-up location (ISPUL) at an initial scheduled pick-up time (ISPUT). The SS monitors for any changes to the initial TS, and if any are detected, updates the initial TS based on the changes to generate a current TS that includes a currently scheduled pick-up time (CSPUT) and a currently scheduled pick-up location (CSPUL) for the transport leg. The CSPUT/CSPUL can be the same as or different than the ISPUT/ISPUL depending on whether or not there were changes to the ISPUT/ISPUL. An AV can be selected from the fleet of AVs and automatically controlled to arrive at the CSPUL to pick-up the passenger by the CSPUT.
US 20190236743, which teaches: Multimodal transportation planning and access provided through personal computing devices leverages visually identifiable identicons that authorize transportation on a transportation asset. Identical identicons on a traveler's personal computing device and a transportation professional's device indicate by their matching authorization by the traveler to access the transportation asset.
US 20190311630, which teaches: Crowdsourced servicing of on-demand electric-vehicles is disclosed. In various embodiments, data representing one or more of a location and a replenishment-related attribute value of at least a subset of electric vehicles comprising a fleet of electric vehicles made available for use on demand is received via a communication interface. A determination is made based at least in part on the respective replenishment-related attribute value of electric vehicles included in the at least a subset a set of electric vehicles required to be replenished. A display indicating for each of at least a subset of electrical vehicles required to be replenished a location of the vehicle and a price offered to retrieve, replenish, and redeploy the vehicle is provided via the communication interface to each of a plurality of users.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN SAMUEL WASAFF whose telephone number is (571)270-5091. The examiner can normally be reached Monday through Friday 8:00 am to 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SARAH MONFELDT can be reached at (571) 270-1833. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOHN SAMUEL WASAFF
Primary Examiner
Art Unit 3629
/JOHN S. WASAFF/Primary Examiner, Art Unit 3629