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 .
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 2-4 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.
Claim 2 recites the limitation “wherein a physical quantity of the first vehicle data is identical in type to a physical quantity of the second vehicle data”. It is unclear how a physical quantity can be identical in type to a physical quantity. Appropriate action is required.
Claim 3 recites the limitation “wherein a physical quantity of the first vehicle data is different in type from a physical quantity of the first evaluation data”. It is unclear how a physical quantity can be different in type to a physical quantity. Appropriate action is required.
Claim 4 recites the limitation “wherein a physical quantity of the second vehicle data is different in type from a physical quantity of the second evaluation data”. It is unclear how a physical quantity can be different in type to a physical quantity. Appropriate action 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 1-28 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Each of Claims 1-28 has been analyzed to determine whether it is directed to any judicial exceptions.
Step 2A, Prong 1
Each of Claims 1-28 recites at least one step or instruction for detecting tampering, which is grouped as a mental process under the 2019 PEG or a certain method of organizing human activity under the 2019 PEG.
Further, dependent Claims 2-24 and 28 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they’re merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Step 2A, Prong 2
The above-identified abstract idea in each of independent Claims 1 and 25-27 (and their respective dependent Claims 2-24 and 28) is not integrated into a practical application under 2019 PEG because the additional elements (identified above in independent Claims 1 and 25-27), either alone or in combination, generally link the use of the above-identified abstract idea to a particular technological environment or field of use. More specifically, the additional elements of: a vehicle data acquisition unit, a first tampering detection unit, and a second tampering detection unit are generically recited computer elements in independent Claims 1 and 25-27 (and their respective dependent claims) which do not improve the functioning of a computer, or any other technology or technical field. Nor do these above-identified additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above-identified additional elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. For at least these reasons, the abstract idea identified above in independent Claims 1 and 25-27 (and their respective dependent claims) is not integrated into a practical application under 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under 2019 PEG because the claimed method and system merely implements the above-identified abstract idea (e.g., mental process and certain method of organizing human activity) using rules (e.g., computer instructions) executed by a computer (e.g., unit as claimed). In other words, these claims are merely directed to an abstract idea with additional generic computer elements which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent Claims 1 and 25-27 (and their respective dependent claims) is not integrated into a practical application under the 2019 PEG.
Accordingly, independent Claims 1 and 25-27 (and their respective dependent claims) are each directed to an abstract idea under 2019 PEG.
Step 2B
None of Claims 1-28 include additional elements that are sufficient to amount to significantly more than the abstract idea for at least the following reasons.
These claims require the additional elements of: a vehicle data acquisition unit, a first tampering detection unit, and a second tampering detection unit.
The above-identified additional elements are generically claimed computer components which enable the above-identified abstract idea(s) to be conducted by performing the basic functions of automating mental tasks. The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See, Versata Dev. Group, Inc. v. SAP Am., Inc. , 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Accordingly, in light of Applicant’s specification, the claimed term unit is reasonably construed as a generic computing device. Like SAP America vs Investpic, LLC (Federal Circuit 2018), it is clear, from the claims themselves and the specification, that these limitations require no improved computer resources, just already available computers, with their already available basic functions, to use as tools in executing the claimed process.
Furthermore, Applicant’s specification does not describe any special programming or algorithms required for the units. This lack of disclosure is acceptable under 35 U.S.C. §112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the computer arts. By omitting any specialized programming or algorithms, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the computer industry or arts. In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional elements because it describes these additional elements in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a) (see Berkheimer memo from April 19, 2018, (III)(A)(1) on page 3). Adding hardware that performs “‘well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible (TLI Communications).
The recitation of the above-identified additional limitations in Claims 1-28 amounts to mere instructions to implement the abstract idea on a computer. Simply using a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); and TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
A claim that purports to improve computer capabilities or to improve an existing technology may provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); and Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). However, a technical explanation as to how to implement the invention should be present in the specification for any assertion that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes. That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. Here, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. Instead, as in Affinity Labs of Tex. v. DirecTV, LLC 838 F.3d 1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016), the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.
For at least the above reasons, the systems and methods of Claims 1-28 are directed to applying an abstract idea (e.g., mental process or certain method of organizing human activity) on a general purpose computer without (i) improving the performance of the computer itself (as in McRO, Bascom and Enfish), or (ii) providing a technical solution to a problem in a technical field (as in DDR). In other words, none of Claims 1-28 provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that these claims amount to significantly more than the abstract idea itself.
Taking the additional elements individually and in combination, the additional elements do not provide significantly more. Specifically, when viewed individually, the above-identified additional elements in independent Claims 1 and 25-27 (and their dependent claims) do not add significantly more because they are simply an attempt to limit the abstract idea to a particular technological environment. That is, neither the general computer elements nor any other additional element adds meaningful limitations to the abstract idea because these additional elements represent insignificant extra-solution activity. When viewed as a combination, these above-identified additional elements simply instruct the practitioner to implement the claimed functions with well-understood, routine and conventional activity specified at a high level of generality in a particular technological environment. As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application. As such, the above-identified additional elements, when viewed as whole, do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself. Thus, Claims 1-28 merely apply an abstract idea to a computer and do not (i) improve the performance of the computer itself (as in Bascom and Enfish), or (ii) provide a technical solution to a problem in a technical field (as in DDR).
Therefore, none of the Claims 1-28 amounts to significantly more than the abstract idea itself.
Accordingly, Claims 1-28 are not patent eligible and rejected under 35 U.S.C. 101 as being directed to abstract ideas implemented on a generic computer in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al. and 2019 PEG.
Claim Rejections - 35 USC § 102
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.
Claims 1-7, 9, 14, 18, 24-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuehnle et al US 2022/0164803.
Regarding claim 1, Kuehnle et al discloses an information processing system (see FIG. 1 and 2A) configured to detect tampering of vehicle data, the information processing system comprising: a vehicle data acquisition unit 230 configured to acquire first vehicle data and second vehicle data; a first tampering detection unit 230 configured to detect a tampering possibility of the vehicle data, based on the first vehicle data and the second vehicle data (see paragraphs [0042]-[0052]); and a second tampering detection unit 230 configured to detect tampering of the first vehicle data, based on first evaluation data for evaluating the first vehicle data, and also configured to detect tampering of the second vehicle data, based on second evaluation data for evaluating the second vehicle data, in a case where the first tampering detection unit detects that there is the tampering possibility. See paragraphs [0078]-[0083].
Regarding claim 2, Kuehnle et al discloses wherein a physical quantity of the first vehicle data is identical in type to a physical quantity of the second vehicle data. See paragraphs [0068]-[0080].
Regarding claim 3, Kuehnle et al discloses wherein a physical quantity of the first vehicle data is different in type from a physical quantity of the first evaluation data. See paragraphs [0068]-[0080].
Regarding claim 4, Kuehnle et al discloses wherein a physical quantity of the second vehicle data is different in type from a physical quantity of the second evaluation data. See paragraphs [0068]-[0080].
Regarding claim 5, Kuehnle et al discloses wherein the second tampering detection unit is configured to: detect tampering of the first vehicle data, based on the first evaluation data and a first prediction model; and detect tampering of the second vehicle data, based on the second evaluation data and a second prediction model. See paragraphs [0036] and [0082].
Regarding claim 6, Kuehnle et al discloses wherein the first vehicle data includes a transmission vehicle speed, and the second vehicle data includes a wheel speed. See paragraph [0057].
Regarding claim 7, Kuehnle et al discloses wherein the first evaluation data is vehicle data for evaluating the transmission vehicle speed. See paragraph [0057].
Regarding claim 9, Kuehnle et al discloses wherein the second evaluation data is vehicle data for evaluating the wheel speed. See paragraph [0057].
Regarding claim 11, Kuehnle et al discloses wherein the first vehicle data includes a YAW angular velocity, and the second vehicle data includes a first comparison value of the YAW angular velocity based on a wheel speed and a steering angle, and a second comparison value of the YAW angular velocity based on acceleration in a left-and- right direction of a vehicle and the steering angle. See FIG. 5 and paragraphs [0022], [0030], and [0052].
Regarding claim 12, Kuehnle et al discloses wherein the first evaluation data is vehicle data for evaluating the YAW angular velocity. See FIG. 5 and paragraphs [0022], [0030], and [0052].
Regarding claim 14, Kuehnle et al discloses wherein the second evaluation data is vehicle data for evaluating the first comparison value and the second comparison value. See claims 9 and 10 and paragraphs [0052] and [0053].
Regarding claim 18, Kuehnle et al discloses wherein vehicle data for evaluating the second comparison value includes vehicle data for evaluating the acceleration in the left-and-right direction of the vehicle, and vehicle data for evaluating the steering angle. See claims 9 and 10 and paragraphs [0052] and [0053].
Regarding claim 24, Kuehnle et al discloses further comprising a notification unit configured to give a notification, based on a detection result of the second tampering detection unit. See paragraphs [0020] and [0097].
Regarding claim 25, Kuehnle et al discloses a control method (see FIG. 1 and 2A) of an information processing system configured to detect tampering of vehicle data, the control method comprising: acquiring first vehicle data and second vehicle data; detecting a tampering possibility of the vehicle data, based on the first vehicle data and the second vehicle data (see paragraphs [0042]-[0052]); and detecting tampering of the first vehicle data, based on first evaluation data for evaluating the first vehicle data, and also detecting tampering of the second vehicle data, based on second evaluation data for evaluating the second vehicle data, in a case where the tampering possibility is detected. See paragraphs [0078]-[0083].
Regarding claim 26, Kuehnle et al discloses an information processing system (see FIG. 1 and 2A) comprising: a vehicle; and an information processing apparatus, the information processing system being configured to detect tampering of vehicle data, wherein the vehicle includes: a vehicle data acquisition unit configured to acquire first vehicle data and second vehicle data; a first tampering detection unit configured to detect a tampering possibility of the vehicle data, based on the first vehicle data and the second vehicle data (see paragraphs [0042]-[0052]); and a transmission unit 250 configured to transmit logging data of the vehicle to the information processing apparatus, in a case where the tampering possibility is detected, the logging data including the first vehicle data, the second vehicle data, first evaluation data for evaluating the first vehicle data, and second evaluation data for evaluating the second vehicle data, and the information processing apparatus includes: a reception unit configured to receive the logging data from the vehicle (see FIG. 5 and paragraphs [0020], [0057]-[0060]); and a second tampering detection unit configured to detect tampering of the first vehicle data, based on the first evaluation data, and also configured to detect tampering of the second vehicle data, based on the second evaluation data, upon receipt of the logging data. See paragraphs [0078]-[0083].
Regarding claim 27, Kuehnle et al discloses a control method of an information processing system (see FIG. 1 and 2A) including a vehicle and an information processing apparatus, the information processing system being configured to detect tampering of vehicle data, the control method comprising: acquiring, by the vehicle, first vehicle data and second vehicle data; detecting, by the vehicle, a tampering possibility of the vehicle data, based on the first vehicle data and the second vehicle data (see paragraphs [0042]-[0052]); transmitting, by the vehicle, logging data of the vehicle to the information processing apparatus, in a case where the tampering possibility is detected, the logging data including the first vehicle data, the second vehicle data, first evaluation data for evaluating the first vehicle data, and second evaluation data for evaluating the second vehicle data; receiving, by the information processing apparatus, the logging data from the vehicle (see FIG. 5 and paragraphs [0020], [0057]-[0060]); and detecting, by the information processing apparatus, tampering of the first vehicle data, based on the first evaluation data, and also detecting tampering of the second vehicle data, based on the second evaluation data, upon receipt of the logging data. See FIG. 2A and paragraphs [0078]-[0083].
Regarding claim 28, Kuehnle et al discloses a non-transitory computer-readable storage medium storing a program for causing a computer to function as the information processing system according to claim 1. See paragraph [0104].
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.
Claims 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Kuehnle et al, as applied above, in view of Suzuki et al US 2019/0276000.
Regarding claim 21, Kuehnle et al fails to explicitly disclose, but Suzuki discloses wherein the first vehicle data includes a motor regenerative torque allocation value, the second vehicle data includes a motor regenerative torque allocatable upper limit value, the motor regenerative torque allocation value is torque for subtracting torque corresponding to regeneration of a motor from brake, and the motor regenerative torque allocatable upper limit value is torque that can subtract braking torque from a brake. See paragraphs [0077]-[0094].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to include the teachings of Suzuki et al in the system of Kuehnle et al for safety purposes.
Regarding claim 22, Kuehnle et al fails to explicitly disclose, but Suzuki discloses wherein vehicle data for evaluating the motor regenerative torque allocation value includes acceleration in a front-and-rear direction of a vehicle, braking force of a brake, and an engine speed. See paragraphs [0077]-[0094].
Regarding claim 23, Kuehnle et al fails to explicitly disclose, but Suzuki discloses wherein vehicle data for evaluating the motor regenerative torque allocatable upper limit value includes acceleration in a front-and-rear direction of a vehicle, braking force of a brake, and an engine water temperature. See paragraphs [0077]-[0094].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J DALLO whose telephone number is (313)446-4844. The examiner can normally be reached 7am-7pm ET M-Th.
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/JOSEPH J DALLO/Primary Examiner, Art Unit 3747
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