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 .
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 05/12/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of the Claims
Claims 2-13 are pending. Claim 1 is cancelled.
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).
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Claims 2-13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of Patent No. 12,315,530.
Although the claims at issue are not identical, they are not patentably distinct from each other.
Claims 2-13 are anticipated by claims 1-2 of the ‘375 patent.
Application 19187734 (claim 1)
Patent App No. 12,315,530B2 (claim 1)
an electronic data storage storing data for a physical parking zone, the data including a unique URL for the physical parking zone, and criteria for use of the physical parking zone;
receive, through a communication network and from a first remote user equipment (UE) device, information associating a unique identification (UID) encoded on a passive NFC tag with a parking zone identification (ID) that identifies a physical parking zone; update the database to associate the UID with the parking zone ID and parking rate data for the physical parking zone;
host a URL that includes the UID, wherein the URL is associated with a webpage;
a server in communication with the electronic data storage, the server configured to: receive, through a communication network, from a remote user equipment (UE) associated with a vehicle, an HTTP GET request for the URL for the physical parking zone;
A system for facilitating parking sessions in parking zones, the system including at least one server configured to:
receive, through a communication network and from a first remote user equipment (UE) device, information associating a unique identification (UID) encoded on a passive NFC tag with a parking zone identification (ID) that identifies a physical parking zone;
receive, from a second remote UE device that has received the URL from the NFC tag, a HTTPS GET request for the URL;
commence a parking session associated with the remote UE by sending to the remote UE device through the communication network, a cookie, a header, or a request parameter, wherein the cookie, header, or request parameter identifies the parking session;
upon determining that the second remote UE device is currently not associated with any parking session for the physical parking zone, associate a parking session for the physical parking zone with the second remote UE device, and start the parking session by transmitting the cookie, header or request parameter indicating when the parking session is started;
receive, through the communication network, data indicating that the parking session is to be concluded; and
upon determining that the second remote UE device is currently associated with the parking session for the physical parking zone based upon the cookie header or request parameter in the request, and based upon tracking a GPS coordinate of the second remote UE device and detecting a re-entry of the second remote UE device within the geo-fence covering at least the physical parking zone:
automatically determine a duration of the parking session based on the information in the cookie, header or request parameter, the GPS coordinates, and the re-entry within the geo-fence; and
in response to receiving the data indicating that the parking session is to be concluded, automatically determine, based on criteria for use of the physical parking space, a final requirement for concluding the parking session and providing a webpage linked by the URL that displays data about the final requirement for viewing at a second remote UE.
construct the webpage for the URL for displaying on the second remote UE device before the second remote UE moves out of the geo-fence, wherein the constructed webpage shows a payment amount owed for the parking session based on the duration; and
upon receiving a message that the parking payment has been successfully made and a request from the second remote UE device to exit the physical parking zone, transmit a command to a backend system of the physical parking zone to facilitate said exit,
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 2-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Claims 2-7 is directed to a system with multiple components, and therefore is a machine.
Claims 8-13 is directed to a series of steps, and therefore is a process.
Independent Claims
Step 2A Prong One
The limitation of Claim 2 recites:
… storing data for a physical parking zone, the data including a unique URL for the physical parking zone, and criteria for use of the physical parking zone;
…:
receive, …, from …, an HTTP GET request for the URL for the physical parking zone;
commence a parking session associated … by sending …, a cookie, a header, or a request parameter, wherein the cookie, header, or request parameter identifies the parking session;
receive, …, data indicating that the parking session is to be concluded; and
in response to receiving the data indicating that the parking session is to be concluded, automatically determine, based on criteria for use of the physical parking space, a final requirement for concluding the parking session and providing a webpage linked by the URL that displays data about the final requirement for viewing … .
The limitation of Claim 8 recites:
A … method performed by a server for facilitating parking sessions in parking zones, the method including:
storing, …, data for a physical parking zone at the electronic data storage, wherein the data includes a unique URL for the physical parking zone, and criteria for use of the physical parking zone;
receiving, …, from… associated with a vehicle, an HTTP GET request for the URL for the physical parking zone;
commencing, …, a parking session associated with the remote UE by sending …, a cookie, a header or a request parameter, wherein the cookie, header, or request parameter identifies the parking session;
receiving, …, data indicating that the parking session is to be concluded; and
in response to receiving the data indicating that the parking session is to be concluded, automatically determining, by the server, based on criteria for use of the physical parking space, a final requirement for concluding the parking session and providing a webpage linked by the URL that displays data about the final requirement for viewing at … .
The claim limitations as drafted, recite a concept, that, under broadest reasonable interpretation, is a certain method of organizing human activity. The limitations are analogous to managing personal behavior or interactions between people (interactions between people), or a commercial or legal interaction (sales activity) such as facilitating parking sessions in a parking zone including determining a parking duration and showing a payment owed. The generic computer implementations (see below) do not change the character of the limitations. Accordingly, the claims recite an abstract idea.
Step 2A Prong Two
The judicial exception is not integrated into a practical application. In particular, the claims recite the following additional elements:
Claim 2:
An automated system for facilitating parking sessions in parking zones, the system including:
Electronic data storage
server
communication network
a remote user equipment (UE) associated with a vehicle
a second remote UE
Claim 8:
computer
server in communication with an electronic data storage
communication network
a remote user equipment (UE) associated with a vehicle
a second remote UE
These additional elements are recited at a high-level of generality such that they amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use. Accordingly, the additional elements, when viewed individually and in combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims do not amount to more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h))
Therefore, the claims recite an abstract idea.
Step 2B
As discussed above with respect to Step 2A Prong Two, the additional elements, amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use. The same analysis applies here in 2B. The additional elements, when considered separately and in combination, do not add significantly more to the exception. They are generally linking the use of a judicial exception to a particular technological environment or field of use and cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. The claims are ineligible.
Dependent Claims
Dependent claims 3-7 and 9-13 further narrow the same abstract ideas recited in Claims 1 and 8, respectively. Therefore, claims 3-7 and 9-13 are directed to an abstract idea for the reasons given above.
Step 2A Prong Two
The judicial exception is not integrated into a practical application. In particular, the claims recite the following additional elements:
Claim 4:
Actuatable barrier
Claim 6:
Geo-fence
Claim 9:
Actuatable barrier
Claim 12:
Geo-fence
These additional elements are recited at a high-level of generality such that they amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use. Accordingly, the additional elements, when viewed individually and in combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims do not amount to more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h))
Therefore, the claims recite an abstract idea.
Step 2B
As discussed above with respect to Step 2A Prong Two, the additional elements, amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use. The same analysis applies here in 2B. The additional elements, when considered separately and in combination, do not add significantly more to the exception. They are generally linking the use of a judicial exception to a particular technological environment or field of use and cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. The claims are ineligible.
Novelty/Non-Obviousness
The closest prior art of record:
Khan (US20180130265A1)
Bettger (US2020/0108824A1)
Shuster (US20100205053A1)
Jim Cherian, Mobile crowdsensing applications for intelligent parking and mobility, 2019, Nanyang Technological University (Year: 2019)
Khan teaches a system that can include an NFC-enabled parking meter associated with a parking space and a controller in communication with the NFC-enabled parking meter for measuring time and processing payment. Khan teaches NFC passive tag can receive a power signal from and wirelessly communicate with a wireless NFC-enabled device when NFC-enabled device is in close-enough range of NFC passive tag. For example, when NFC-enabled device interfaces with passive tag, for example, by an NFC tap, the transmission waves from NFC-enabled device can provide power to NFC passive tag so that NFC passive tag can transmit parking reservation information, such as a parking meter identifier, like a meter ID number, and a location identifier associated with backend server. Khan teaches Parking meter can thus serve as information collection station with the information collected at wireless device reader and then being passed through wireless communication to backend server for processing. Khan teaches information collected and stored on database of controller, such as payment information, can be periodically uploaded to an information collection device for recordation, collection, and/or storage. For example, information collection device can be a backend server that is in wireless communication with controller. In some embodiments, such a backend server can be used to monitor and track usage of multiple parking spaces in multiple locations to provide an overall parking management system. Khan teaches The back-end server can send a confirmation response to the mobile device with such details as the parking space number and the rate charged for using the space. Khan teaches The method further includes receiving an electronic confirmation for the reservation of the parking space at the NFC-enabled device.
However, Khan does not teach receiving from a second remote device that has received the URL from the electronic data storage, a https get request for the URL, determine a duration and construct a webpage for the URL when the request contains a cookie header or request parameter indicated that the second remote UE is associated with a parking session.
Bettger teaches a determination of a parking within a specific spot. Bettger teaches parking controller determines the wakeup frequency of the range-detection sensors based on (1) a current parking usage and/or traffic density of the surrounding area, (2) an average parking usage and/or traffic density identifier for the vehicle location, (3) an average parking usage and/or traffic density identifier for the vehicle location for the current day and/or current time-of-day, and/or (4) whether the vehicle location corresponds with a designated geo-fenced location (e.g., a home location, a work location, etc.) of the user. However, it does not teach the claim limitations as described above.
Shuster teaches that a http request is used to actuate a SMS. In one example, in the case of a parking meter, Shuster teaches ay use a primary communications channel (an HTTP GET request) to actuate and transmit over a secondary communication channel (the backend connection to the parking meter network), optionally wait for a response from the secondary channel (i.e. payment accepted), and then transmit the result to a tertiary communications channel (i.e. the cell phone of the user). Shuster also teaches, the communication over the secondary communication channel would specify a confirmation target which would then be sent by the recipient of the data sent over the secondary communication channel. For example, the URL http://parkingmeter.nyc.shuster.com/meter193831/code9d9ac9ad when sent to the primary communication server (i.e. the web server) results in the token code being looked up in a database (or the URL contains the data that would otherwise be found in the database). If the token code is found in the database, then the parking meter server may be asked to send a confirmation of the deposit via SMS to 555-555-1212 indicating the meter number and amount credited, and potentially the total time and/or money left on the meter after the transaction, and/or the total time left at which the car may remain in that parking spot without being ticketed for exceeding the maximum parking time. However, it does not teach the claim limitations as described above.
Cherian describes determining parking zones/geofencing for indoor areas with precise localization when there is a poor connection based upon crowdsensing data from other vehicles. However, it does not teach the claim limitations as described above.
In conclusion, it would not have been obvious to one of ordinary skill in the art before the effective filing date as explained above to combine the above references to tach all the limitations of the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISMAIL A MANEJWALA whose telephone number is (571)272-8904. The examiner can normally be reached M-F 8-5.
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/ISMAIL A MANEJWALA/Primary Examiner, Art Unit 3626