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 .
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 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) a system and method to evaluation driving behavior which is drawn to mental processes for concepts performed in the human mind (including an observation, evaluation, judgment, opinion). This judicial exception is not integrated into a practical application because the generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because these are well-understood, routine, conventional computer functions as recognized by the court decisions listed in MPEP § 2106.05(d).
1. A driving evaluation system comprising a vehicle, a first terminal device that is used by a driver of the vehicle, a second terminal device that is used by a specific person correlated with the driver, and a driving evaluation device that evaluates a driving behavior of the driver, the driving evaluation system (generic computer devices) further comprising:
an acquirer configured to acquire information on the driving behavior of the driver; (data gathering)
an evaluator configured to evaluate the driving behavior of the driver on the basis of the information acquired by the acquirer; and (mental processes such an observation, evaluation)
a provider configured to provide an evaluation result from the evaluator to at least one of the vehicle and the first terminal device that is used by the driver, (mental processes such as evaluation, judgment)
wherein the provider provides the evaluation result from the evaluator to at least one of the vehicle and the first terminal device via the second terminal device that is used by the specific person correlated with the driver. (data outputting)
2. A driving evaluation device (generic computer device) comprising:
an acquirer configured to acquire information on a driving behavior of a driver of a vehicle; (data gathering)
an evaluator configured to evaluate the driving behavior of the driver on the basis of the information acquired by the acquirer; and (mental processes such an observation, evaluation)
a provider configured to provide an evaluation result from the evaluator to at least one of the vehicle and a first terminal device that is used by the driver, wherein the provider provides the evaluation result from the evaluator to at least one of the vehicle and the first terminal device via a second terminal device that is used by a specific person correlated with the driver. (data outputting and processing)
3. The driving evaluation device according to claim 2, wherein the evaluator acquires a result of primary driving evaluation for evaluating the driver's driving behavior on the basis of the information acquired by the acquirer and a result of secondary driving evaluation for allowing the specific person to evaluate the driver's driving behavior in the result of primary driving evaluation, and wherein the provider provides at least one of the result of primary driving evaluation and the result of secondary driving evaluation to at least one of the vehicle and the first terminal device on the basis of a request from the driver. (data processing)
4. The driving evaluation device according to claim 2, further comprising a register configured to register information of one or more specific persons, wherein the provider provides the evaluation result from the evaluator to the second terminal device which is used by the specific person designated by the driver out of the one or more specific persons registered in the register. (data processing)
5. The driving evaluation device according to claim 2, wherein the evaluator quantitatively analyzes the driver's driving behavior in a route which is used daily by the driver, estimates a factor causing change of evaluation of the driving behavior on the basis of a result of analysis, and determines at least one of details of driving advice for the driver and a timing at which the driver is notified of the driving advice on the basis of a result of estimation. (mathematical relationships or calculations)
6. The driving evaluation device according to claim 5, wherein the acquirer acquires a surrounding environment of the vehicle and schedule information of the driver, and wherein the evaluator estimates the factor causing change of evaluation of the driving behavior on the basis of the result of analysis, the surrounding environment, the driver's driving conditions included in the information on the driving behavior, and the schedule information. (mathematical relationships or calculations)
7. The driving evaluation device according to claim 3, wherein the provider provides an incentive to the specific person who has performed the secondary driving evaluation. (data outputting)
8. The driving evaluation device according to claim 2, wherein the acquirer acquires a social score for the driver, and wherein the provider updates the social score according to the result of evaluation of the driver's driving behavior. (data gathering)
9. The driving evaluation device according to claim 8, wherein the provider provides an incentive to the driver according to the social score of the driver. (data outputting)
10. A driving evaluation method that is performed by a computer, the driving evaluation method comprising: acquiring information on a driving behavior of a driver of a vehicle; evaluating the driving behavior of the driver on the basis of the acquired information; and providing an evaluation result to at least one of the vehicle and a first terminal device that is used by the driver via a second terminal device that is used by a specific person correlated with the driver. (same as for claims 1-2)
11. A non-transitory computer-readable storage medium storing a program, the program causing a computer perform: acquiring information on a driving behavior of a driver of a vehicle; evaluating the driving behavior of the driver on the basis of the acquired information; and providing an evaluation result to at least one of the vehicle and a first terminal device that is used by the driver via a second terminal device that is used by a specific person correlated with the driver. (same as for claims 1-2)
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by FERGUSON (US 20220194391 A1).
1. FERGUSON discloses (abstract) a driving evaluation system (FIG.1-3) comprising a vehicle (target vehicle 220), a first terminal device 225 that is used by a driver of the vehicle [0039], a second terminal device 215 that is used by a specific person correlated with the driver, and a driving evaluation device 250 that evaluates a driving behavior of the driver, the driving evaluation system further comprising:
an acquirer configured to acquire information on the driving behavior of the driver; [0055] (steps 301-302)
an evaluator configured to evaluate the driving behavior of the driver on the basis of the information acquired by the acquirer; and [0056-0057] (steps 301-302)
a provider configured to provide an evaluation result from the evaluator to at least one of the vehicle and the first terminal device that is used by the driver, [0057-0065] (step 301)
wherein the provider provides (FIG.2 – [0066]) the evaluation result from the evaluator to at least one of the vehicle and the first terminal device via the second terminal device that is used by the specific person correlated with the driver. (See also [0066, 0070, 0082])
2. As applied for claim 1 above, FERGUSON discloses a driving evaluation device comprising:
an acquirer configured to acquire information on a driving behavior of a driver of a vehicle;
an evaluator configured to evaluate the driving behavior of the driver on the basis of the information acquired by the acquirer; and
a provider configured to provide an evaluation result from the evaluator to at least one of the vehicle and a first terminal device that is used by the driver, wherein the provider provides the evaluation result from the evaluator to at least one of the vehicle and the first terminal device via a second terminal device that is used by a specific person correlated with the driver.
3. [0047] the driving evaluation device according to claim 2, wherein the evaluator acquires a result of primary driving evaluation for evaluating the driver's driving behavior on the basis of the information acquired by the acquirer and a result of secondary driving evaluation for allowing the specific person to evaluate the driver's driving behavior in the result of primary driving evaluation, and wherein the provider provides at least one of the result of primary driving evaluation and the result of secondary driving evaluation to at least one of the vehicle and the first terminal device on the basis of a request from the driver.
4. [0049-0051] the driving evaluation device according to claim 2, further comprising a register configured to register information of one or more specific persons, wherein the provider provides the evaluation result from the evaluator to the second terminal device which is used by the specific person designated by the driver out of the one or more specific persons registered in the register.
5. [0037, 0049-0050, 0058-0064] the driving evaluation device according to claim 2, wherein the evaluator quantitatively analyzes the driver's driving behavior in a route which is used daily by the driver, estimates a factor causing change of evaluation of the driving behavior on the basis of a result of analysis, and determines at least one of details of driving advice for the driver and a timing at which the driver is notified of the driving advice on the basis of a result of estimation.
6. [0035, 0049, 0058] the driving evaluation device according to claim 5, wherein the acquirer acquires a surrounding environment of the vehicle and schedule information of the driver, and wherein the evaluator estimates the factor causing change of evaluation of the driving behavior on the basis of the result of analysis, the surrounding environment, the driver's driving conditions included in the information on the driving behavior, and the schedule information.
7. [0077] the driving evaluation device according to claim 3, wherein the provider provides an incentive to the specific person who has performed the secondary driving evaluation.
8. [0048-0052] the driving evaluation device according to claim 2, wherein the acquirer acquires a social score for the driver, and wherein the provider updates the social score according to the result of evaluation of the driver's driving behavior.
9. [0077] the driving evaluation device according to claim 8, wherein the provider provides an incentive to the driver according to the social score of the driver.
10. As applied for claims 1-2, discloses a driving evaluation method that is performed by a computer, the driving evaluation method comprising: acquiring information on a driving behavior of a driver of a vehicle; evaluating the driving behavior of the driver on the basis of the acquired information; and providing an evaluation result to at least one of the vehicle and a first terminal device that is used by the driver via a second terminal device that is used by a specific person correlated with the driver.
11. As applied for claims 1-2, discloses a non-transitory computer-readable storage medium storing a program, the program causing a computer perform: acquiring information on a driving behavior of a driver of a vehicle; evaluating the driving behavior of the driver on the basis of the acquired information; and providing an evaluation result to at least one of the vehicle and a first terminal device that is used by the driver via a second terminal device that is used by a specific person correlated with the driver.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS E GARCIA whose telephone number is (571)270-1354. The examiner can normally be reached M-Th 9-6pm F 9-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Zimmerman can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
CARLOS E. GARCIA
Primary Examiner
Art Unit 2686
/Carlos Garcia/Primary Examiner, Art Unit 2686 7/1/2026
Prosecution Insights