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 § 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 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Analysis for claim 1:
In January, 2019 (updated October 2019), the USPTO released new examination guidelines setting forth a two-step inquiry for determining whether a claim is directed to non-statutory subject matter. According to the guidelines, a claim is directed to non-statutory subject matter if:
STEP 1: the claim does not fall within one of the four statutory categories of invention (process, machine, manufacture or composition of matter), or
STEP 2: the claim recites a judicial exception, e.g. an abstract idea, without reciting additional elements that amount to significantly more than the judicial exception, as determined using the following analysis:
STEP 2A (PRONG 1): Does the claim recite an abstract idea, law of nature, or natural phenomenon?
STEP 2A (PRONG 2): Does the claim recite additional elements that integrate the judicial exception into a practical application?
STEP 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
Using the two-step inquiry, it is clear that claim 1 is directed toward non-statutory subject matter, as shown below:
STEP 1: Does claim 1 fall within one of the statutory categories? Yes.
Claim 1 is directed to a method, Claim 5 is directed towards a system.
Therefore, claims 1 and 5 are within at least one of the four statutory
categories.
STEP 2A (PRONG 1): Is the claim directed to a law of nature, a natural phenomenon or an abstract idea? Yes, the claim is directed to an abstract idea.
With regard to STEP 2A (PRONG 1), the guidelines provide three groupings of subject matter that are considered abstract ideas:
Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations;
Certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions); and
Mental processes – concepts that are practicably performed in the human mind (including an observation, evaluation, judgment, opinion).
Claim 1:
A method for generating an acoustic driving status notification for an agricultural tractor, comprising:
identifying, by a control unit, a driving speed quantity which is characteristic for a current driving speed of the agricultural tractor; and
comparing, by the control unit, the driving speed quantity with a preset maximum value in order to activate a transducer, arranged in a driver's platform of the agricultural tractor, to generate acoustic driving speed information when it is detected that the preset maximum value has been exceeded.
Claim 5:
A system for generating an acoustic driving status notification for an agricultural tractor, comprising:
a transducer arranged in a driver's platform of the agricultural tractor; and
a control unit configured to identify a driving speed quantity which is characteristic for a current driving speed of the agricultural tractor and to compare the driving speed quantity with a preset maximum value in order to activate the transducer to generate acoustic driving speed information when it is detected that the preset maximum value has been exceeded.
The method in claim 1 is a mental process that can be practicably performed in the human mind and, therefore, an abstract idea. Specifically, the limitations of claim 1 highlighted above merely consist of comparing the driving speed with preset maximum value to activate the transducer. More specifically, a person can mentally decide if driving speed exceed the maximum preset value or not. Thus, the claims recite a mental process.
STEP 2A (PRONG 2): Does the claim recite additional elements that integrate the judicial exception into a practical application? No, the claim does not recite additional elements that integrate the judicial exception into a practical application.
With regard to STEP 2A (prong 2), whether the claim recites additional elements that integrate the judicial exception into a practical application, the guidelines provide the following exemplary considerations that are indicative that an additional element (or combination of elements) may have integrated the judicial exception into a practical application:
an additional element reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field;
an additional element that applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition;
an additional element implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim;
an additional element effects a transformation or reduction of a particular article to a different state or thing; and
an additional element applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
Claim 1 does not recite any of the exemplary considerations that are indicative of an abstract idea having been integrated into a practical application.
STEP 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception? No, the claim does not recite additional elements that amount to significantly more than the judicial exception.
Thus, since claim 1 and 5 are: (a) directed toward an abstract idea, (b) does not recite additional elements that integrate the judicial exception into a practical application, and (c) does not recite additional elements that amount to significantly more than the judicial exception, it is clear that claim 1 is directed towards non-statutory subject matter. Dependent claims 2-4 and 6-8 further limit the abstract idea without integrating the abstract idea into practical application or adding significantly more. As such, claims 1-8 are rejected under 35 USC 101 as being drawn to an abstract idea without significantly more, and thus are ineligible.
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.
(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.
Claims 1-2 and 5-6 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by US20210074160A1 to Skipp et al. (herein after “Skipp”).
Regarding claim 1, Skipp teaches A method for generating an acoustic driving status notification for an agricultural tractor, comprising: (see Skipp para[0125]The present disclosure relates to a controller for a vehicle, such as a motor vehicle (e.g. car, van, truck, motorcycle etc.), industrial or agricultural vehicles (e.g. tractor, forklift, bulldozer, excavator etc), marine vessel, aircraft or any other type of vehicle) identifying, by a control unit, a driving speed quantity which is characteristic for a current driving speed of the agricultural tractor;(See Skipp para[0017] however the method may also monitor the vehicle speed and the engine speed. For example, the data collected from the first vehicle comprises brake pedal pressure data, vehicle speed data, and engine speed data. In this example, the method may further comprise: generating a vehicle speed value representative of the speed of the first vehicle, generating an engine speed value representative of the engine speed of the first vehicle, comparing the vehicle speed value to a vehicle speed threshold, comparing the engine speed value to an engine speed threshold; and, when the brake pedal pressure value is greater than the brake pedal pressure threshold and/or the vehicle speed value is greater than the vehicle speed threshold and/or the engine speed value is greater than the engine speed threshold, issuing a safety alert.) and
comparing, by the control unit, the driving speed quantity with a preset maximum value in order to activate a transducer (see Skipp para[0070] The controller may therefore comprise a vehicle sensor (e.g. a sensor configured to sense a vehicle parameter) of may be configured to receive data from a vehicle sensor.), arranged in a driver's platform of the agricultural tractor, to generate acoustic driving speed information (see Skipp para[0081]The alarm may comprise an audio alarm, visual alarm and/or sending signal to another entity. For example, the alarm may comprise a warning sound, warning light (e.g. on a dash panel of the vehicle) or sending a signal to another vehicle, e.g. that causes an alarm of that other vehicle to sound) when it is detected that the preset maximum value has been exceeded. (see Skipp para [0135]By way of a further example, if the value is representative of the vehicle speed then the threshold may be a maximum threshold (such as the local speed limit at the first location), para [0136]When the vehicle speed value is above this threshold then it is determined that the vehicle is being operated above the local speed limit and hence the alert is issued at block 112)
Regarding claim 2, Skipp teaches comprising adapting, by the control unit, the intensity or sequence of the acoustic driving speed information generated depending on the extent to which the preset maximum value is exceeded. (see Skipp para[0082]The alert may comprise metadata describing the deviation from the normal traffic flow and/or how the geography increases the risk of accident (e.g. whether an obstacle is present, the type and/or position of an obstacle etc.).)
Regarding claim 5, Skipp teaches A system for generating an acoustic driving status notification for an agricultural tractor, comprising(see Skipp para[0125]The present disclosure relates to a controller for a vehicle, such as a motor vehicle (e.g. car, van, truck, motorcycle etc.), industrial or agricultural vehicles (e.g. tractor, forklift, bulldozer, excavator etc), marine vessel, aircraft or any other type of vehicle)
: a transducer arranged in a driver's platform of the agricultural tractor (See Skipp para[0020]The alert may be issued in real-time or near real-time. The alert may be issued to the driver of the first vehicle, or is issued at a location remote from the vehicle); and
a control unit configured to identify a driving speed quantity which is characteristic for a current driving speed of the agricultural tractor (See Skipp para[0017] however the method may also monitor the vehicle speed and the engine speed. For example, the data collected from the first vehicle comprises brake pedal pressure data, vehicle speed data, and engine speed data. In this example, the method may further comprise: generating a vehicle speed value representative of the speed of the first vehicle, generating an engine speed value representative of the engine speed of the first vehicle, comparing the vehicle speed value to a vehicle speed threshold, comparing the engine speed value to an engine speed threshold; and, when the brake pedal pressure value is greater than the brake pedal pressure threshold and/or the vehicle speed value is greater than the vehicle speed threshold and/or the engine speed value is greater than the engine speed threshold, issuing a safety alert.) and to compare the driving speed quantity with a preset maximum value in order to activate the transducer to generate acoustic driving speed information(see Skipp para[0081]The alarm may comprise an audio alarm, visual alarm and/or sending signal to another entity. For example, the alarm may comprise a warning sound, warning light (e.g. on a dash panel of the vehicle) or sending a signal to another vehicle, e.g. that causes an alarm of that other vehicle to sound) when it is detected that the preset maximum value has been exceeded. (see Skipp para [0135]By way of a further example, if the value is representative of the vehicle speed then the threshold may be a maximum threshold (such as the local speed limit at the first location), para [0136]When the vehicle speed value is above this threshold then it is determined that the vehicle is being operated above the local speed limit and hence the alert is issued at block 112)
Regarding claim 6, Skipp teaches wherein the intensity or sequence of the acoustic driving speed information generated is adapted by the control unit depending on the extent to which the preset maximum value is exceeded. (see Skipp para[0082]The alert may comprise metadata describing the deviation from the normal traffic flow and/or how the geography increases the risk of accident (e.g. whether an obstacle is present, the type and/or position of an obstacle etc.).)
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 3-4 and 7-8 are rejected under 35 U.S.C. 103 as being unpatented over Skipp in view of US20170129558A1 to Gugel et al. (herein after “Gugel”).
Regarding claim 3, Skipp remains applied as claim 1. However, Skipp does not disclose and otherwise teach wherein the exception to the generation of the acoustic driving speed information is in the case of transportation of goods by road by the agricultural tractor, detected by the control unit. Nevertheless, Gugel same field of endeavor teaches wherein the exception to the generation of the acoustic driving speed information is in the case of transportation of goods by road by the agricultural tractor, detected by the control unit (See Gugel para[0018] Limiting the target drive power can also contribute depending on specific driving conditions to protecting the electrical drive against possible overloads and, for a specific energy distribution scheme, can ensure that other electrical loads are simultaneously also supplied with a defined electric power.para[0004] a target drive power is determined for at least one drive axle, and possibly for multiple drive axles, of the trailer. This target drive power is to be determined depending on a distribution of contact forces for the trailer or for the traction vehicle, or depending on a traction drive power for the traction vehicle.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to combine Skipp’s generation of acoustic driving status notification based on the driving speed with Gugel’s driving speed information signal only for agricultural tractor, not transporting goods in order to allow to be determined depending on a distribution of contact forces for the trailer or for the traction vehicle, or depending on a traction drive power for the traction vehicle (see para[0004]).
Regarding claim 4, Skipp remains applied as claim 1. However, Skipp does not disclose and otherwise teach wherein the transportation of goods by road is taking place is inferred by the control unit by evaluating cartographic information saved in a storage unit of a GPS navigation system. Nevertheless, Gugel same field of endeavor teaches wherein the transportation of goods by road is taking place is inferred by the control unit by evaluating cartographic information saved in a storage unit of a GPS navigation system (see Gugel para[0034] drive torque control signals S_AM can be derived from the drive control signals S_P_AT. Signals from different sensors (e.g. wheel speeds of driven or non-driven wheels on the traction vehicle or trailer, travel speed of the traction vehicle or the trailer, drawbar angle, steering angle of the traction vehicle wheels, curvature of the traction vehicle path, GPS signals) of the traction vehicle 10 or the trailer 12 can be taken into consideration.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to combine Skipp’s generation of acoustic driving status notification based on the driving speed with Gugel’s driving speed information signal only for agricultural tractor, not transporting goods in order to allow to be determined depending on a distribution of contact forces for the trailer or for the traction vehicle, or depending on a traction drive power for the traction vehicle (see para[0004]).
Regarding claim 7, Skipp remains applied as claim 5. However, Skipp does not disclose and otherwise teach wherein the exception to the generation of the acoustic driving speed information is in the case of transportation of goods by road by the agricultural tractor, detected by the control unit. Nevertheless, Gugel same field of endeavor teaches wherein the exception to the generation of the acoustic driving speed information is in the case of transportation of goods by road by the agricultural tractor, detected by the control unit (See Gugel para[0018] Limiting the target drive power can also contribute depending on specific driving conditions to protecting the electrical drive against possible overloads and, for a specific energy distribution scheme, can ensure that other electrical loads are simultaneously also supplied with a defined electric power.para[0004] a target drive power is determined for at least one drive axle, and possibly for multiple drive axles, of the trailer. This target drive power is to be determined depending on a distribution of contact forces for the trailer or for the traction vehicle, or depending on a traction drive power for the traction vehicle.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to combine Skipp’s generation of acoustic driving status notification based on the driving speed with Gugel’s driving speed information signal only for agricultural tractor, not transporting goods in order to allow to be determined depending on a distribution of contact forces for the trailer or for the traction vehicle, or depending on a traction drive power for the traction vehicle (see para[0004]).
Regarding claim 8, Skipp remains applied as claim 5. However, Skipp does not disclose and otherwise teach wherein the transportation of goods by road is taking place is inferred by the control unit by evaluating cartographic information saved in a storage unit of a GPS navigation system. Nevertheless, Gugel same field of endeavor teaches wherein the transportation of goods by road is taking place is inferred by the control unit by evaluating cartographic information saved in a storage unit of a GPS navigation system (see Gugel para[0034] drive torque control signals S_AM can be derived from the drive control signals S_P_AT. Signals from different sensors (e.g. wheel speeds of driven or non-driven wheels on the traction vehicle or trailer, travel speed of the traction vehicle or the trailer, drawbar angle, steering angle of the traction vehicle wheels, curvature of the traction vehicle path, GPS signals) of the traction vehicle 10 or the trailer 12 can be taken into consideration.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to combine Skipp’s generation of acoustic driving status notification based on the driving speed with Gugel’s driving speed information signal only for agricultural tractor, not transporting goods in order to allow to be determined depending on a distribution of contact forces for the trailer or for the traction vehicle, or depending on a traction drive power for the traction vehicle (see para[0004]).
Conclusion
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/NAZIA AFRIN/Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
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