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 1-3, 19-24 is 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.
Claims 1, 3, 19, 21, 22, 24 recite “provided data that is provide by a mobility as a service (MaaS)-related operator and a correspondence to movement of a moving object”. However, this claim is unclear and ambiguous because it is not certain if the “corresponds to movement” modifies the provided data, the MaaS-related operator, or any other element of the claim. Accordingly the scope of the claim can’t be determined. With regard to “utilization data including at least in part of provided data”, this phrase renders the scope of the claim indefinite since it fails to define the bounds of what portion of the provided data is included. With regard to “transmit the utilization status data as data corresponding to the provider data”, this limitation is indefinite because the term “data” has no antecedent basis since the claim previously refers to “provide data” and “provider data”. With regard to “provided database”, this limitation is indefinite because this term has no antecedent basis. With regard to “calculates an incentive”, this language is functional and lacks clarity as to how the incentive is determined without reciting any structure or any additional parameters for performing the calculation.
As per claims 2, 20, 23, this claims discloses “corresponds to movement of a moving object”. However, this claim is unclear and ambiguous because it is not certain if the “corresponds to movement” modifies the provided data, the MaaS-related operator, or any other element of the claim. Accordingly the scope of the claim can’t be determined. This claim also discloses “utilization data including at least in part of provided data”, which renders the scope of the claim indefinite since it fails to define the bounds of what portion of the provided data is included. With regard to “including at least part of the provider data”, this limitation is indefinite because the term fails to define the boundaries of the claimed subject matter or what portion of the data is included, and therefore indefinite. With regard to “utilization status data indicating a utilization status in a data utilization device of utilization data” is unclear, and thereby obscuring the scope of the claim. With regard to “calculate an incentive”, this language is functional and lacks clarity as to how the incentive is determined without reciting any structure or any additional parameters for performing the calculation.
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 1-24 are rejected under 35 U.S.C, 101 because the claimed invention is directed to a judicial exception (l.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
With regard to independent claim 1, this claim is directed to acquiring utilization status data and calculating an incentive for a MaaS-related operator based on the utilization status data constitute collecting, and analyzing and evaluating information, which falls into the “Mental Processes” and “Organizing Human Activity” categories, an abstract idea. Thus, the claim recites an abstract idea.
Furthermore, claim 1 does not integrate the abstract idea into a practical application. The additional elements of “a data valve calculation device” and “processing circuitry” are recited at a high level of generality and performs generic computer functions. The claim does not recite any improvement to computer technology or other technical field. The mere nominal recitation of these generic elements does not take the claim out of the methods of “Organizing Human Activity” or ”Mental Processes” grouping. Thus, the claim recites an abstract idea.
Finally, claim 1 does not recite an inventive concept. The additional elements are well-understood, routine, and conventional, and merely implement the abstract idea using generic components. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
As per independent claim 2, this claim recites collecting utilization status data and calculating an incentive for a MaaS operator based on that data which constitutes collecting and analyzing information and economic evaluation, which falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a data value calculation device and processing circuitry are generic computer components performing routine functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per independent claim 3, this claim recites acquiring utilization status data regarding use of provided data associated with movement of a moving object, which constitutes collecting and analyzing information, and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a data distribution management device and processing circuitry are generic computer components performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 4, this claim recites determining utilization status data that includes information indicating gain, which constitutes collecting and analyzing information, and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a data distribution management device and processing circuitry are generic computer components performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 5, this claim recites adjusting an incentive based on freshness associated with provided data, which constitutes data evaluation and calculation, and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a data value calculation device and processing circuitry are generic computer components performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 6, this claim recites associating provider data with usage restriction information and selecting utilization data that compiles with the restriction, which constitutes data classification, filtering and evaluation, and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 7, this claim recites calculating a data usage fee for utilizing a database based on utilization status data, which constitutes economic calculation and pricing determination, and falls into the “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including processing circuitry are generic computer components performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 8, this claim recites tracking movement of a moving object using railway-related usage data provided by a MaaS-related operator, which constitutes collecting and analyzing transportation usage information, and falls into the “Method of Organizing Human Activities” and “Mental Processes” grouping, an abstract idea. The additional elements including an operator is and movement data does not add any technical improvement or practical application, and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 9, this claim recites that provided data includes congestion information that is congestion in a railway facility, which constitutes collecting and evaluating transportation condition information and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 10, this claim recites calculating an incentive based on utilization status data and train car congestion information, which constitutes data analysis and evaluation of transportation conditions, and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a processing circuitry of a data value calculation device and congestion information are generic computer components performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 11, this claim recites calculating an incentive based on utilization status data and freshness of congestion information, which constitutes data analysis and evaluation of transportation conditions, and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a processing circuitry of a data value calculation device and congestion information are generic computer components performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 12, this claim recites using provider data including railway operation management information forma MaaS-related operator, which constitutes collecting and analyzing operational information and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a railway operator and operational management data does not amount to technical improvement or practical application, are generic computer components performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 13, this claim recites using provider data from a MaaS-related operator, and sensor-acquired data from a relay facility, which constitutes collecting and analyzing operational information and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a railway operator and sensor data acquisition does not amount to technical improvement or practical application, are generic computer components performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 14, this claim recites generating evaluation data regarding utilization data or a from a MaaS-related operator, and calculating an incentive based on utilization status data and the evaluation data, which constitutes information evaluation and economic decision making, and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a data utilization device and a data value calculation device does not amount to technical improvement or practical application, are generic computer components performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 15, this claim recites generating evaluation data regarding utilization data or a from a MaaS-related operator, and calculating an incentive based on utilization status data and the evaluation data, which constitutes information evaluation and economic decision making, and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a data utilization device and a data value calculation device does not amount to technical improvement or practical application, are generic computer components performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 16, this claim recites generating utilization data from provider data of multiple MaaS-related operators, and calculating incentives for each MaaS-related operator based on utilization status data and contribution rates, and calculating an incentive based on utilization status data and the evaluation data, which constitutes collecting and analyzing information evaluation and economic decision making, and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a generic processing circuitry and a data value calculation device are generic computer components performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 17, this claim recites determining a contribution rate for each MaaS-related operator based on utilization purpose of utilization data and a data utilization device, which constitutes data analysis and evaluation for allocation purposes, and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including processing circuitry of a data value calculation device is a generic computer component performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
As per dependent claim 18, this claim recites setting a lower limit of an incentive for utilization data and transmitting the utilization data upon user acceptance of the incentive threshold which constitutes economic decision making and conditional information exchange, and falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including processing circuitry is a generic computer component performing routine data acquisition functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
With regard to independent claim 19, this claim is directed to acquiring utilization status data and calculating an incentive for a MaaS-related operator based on the utilization status data constitute collecting, and analyzing and evaluating information, which falls into the “Mental Processes” and “Organizing Human Activity” categories, an abstract idea. Thus, the claim recites an abstract idea.
Furthermore, claim 19 does not integrate the abstract idea into a practical application. The additional elements of “a data valve calculation device” and “processing circuitry” are recited at a high level of generality and performs generic computer functions. The claim does not recite any improvement to computer technology or other technical field. The mere nominal recitation of these generic elements does not take the claim out of the methods of “Organizing Human Activity” or ”Mental Processes” grouping. Thus, the claim recites an abstract idea.
Finally, claim 19 does not recite an inventive concept. The additional elements are well-understood, routine, and conventional, and merely implement the abstract idea using generic components. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
As per independent claim 20, this claim recites collecting utilization status data and calculating an incentive for a MaaS operator based on that data which constitutes collecting and analyzing information and economic evaluation, which falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a data value calculation device and processing circuitry are generic computer components performing routine functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
With regard to independent claim 21, this claim is directed to acquiring utilization status data and calculating an incentive for a MaaS-related operator based on the utilization status data constitute collecting, and analyzing and evaluating information, which falls into the “Mental Processes” and “Organizing Human Activity” categories, an abstract idea. Thus, the claim recites an abstract idea.
Furthermore, claim 21 does not integrate the abstract idea into a practical application. The additional elements of “a data valve calculation device” and “processing circuitry” are recited at a high level of generality and performs generic computer functions. The claim does not recite any improvement to computer technology or other technical field. The mere nominal recitation of these generic elements does not take the claim out of the methods of “Organizing Human Activity” or ”Mental Processes” grouping. Thus, the claim recites an abstract idea.
Finally, claim 21 does not recite an inventive concept. The additional elements are well-understood, routine, and conventional, and merely implement the abstract idea using generic components. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to independent claim 22, this claim is directed to acquiring utilization status data and calculating an incentive for a MaaS-related operator based on the utilization status data constitute collecting, and analyzing and evaluating information, which falls into the “Mental Processes” and “Organizing Human Activity” categories, an abstract idea. Thus, the claim recites an abstract idea.
Furthermore, claim 22 does not integrate the abstract idea into a practical application. The additional elements of “a data valve calculation device” and “processing circuitry” are recited at a high level of generality and performs generic computer functions. The claim does not recite any improvement to computer technology or other technical field. The mere nominal recitation of these generic elements does not take the claim out of the methods of “Organizing Human Activity” or ”Mental Processes” grouping. Thus, the claim recites an abstract idea.
Finally, claim 22 does not recite an inventive concept. The additional elements are well-understood, routine, and conventional, and merely implement the abstract idea using generic components. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
As per independent claim 23, this claim recites collecting utilization status data and calculating an incentive for a MaaS operator based on that data which constitutes collecting and analyzing information and economic evaluation, which falls into the “Mental Processes”, and “Method of Organizing Human Activities” grouping, an abstract idea. The additional elements including a data value calculation device and processing circuitry are generic computer components performing routine functions and do not integrate the abstract idea into a practical application or provide an inventive concept.
With regard to independent claim 21, this claim is directed to acquiring utilization status data and calculating an incentive for a MaaS-related operator based on the utilization status data constitute collecting, and analyzing and evaluating information, which falls into the “Mental Processes” and “Organizing Human Activity” categories, an abstract idea. Thus, the claim recites an abstract idea.
Furthermore, claim 21 does not integrate the abstract idea into a practical application. The additional elements of “a data valve calculation device” and “processing circuitry” are recited at a high level of generality and performs generic computer functions. The claim does not recite any improvement to computer technology or other technical field. The mere nominal recitation of these generic elements does not take the claim out of the methods of “Organizing Human Activity” or ”Mental Processes” grouping. Thus, the claim recites an abstract idea.
Finally, claim 21 does not recite an inventive concept. The additional elements are well-understood, routine, and conventional, and merely implement the abstract idea using generic components. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to independent claim 24, this claim is directed to acquiring utilization status data and calculating an incentive for a MaaS-related operator based on the utilization status data constitute collecting, and analyzing and evaluating information, which falls into the “Mental Processes” and “Organizing Human Activity” categories, an abstract idea. Thus, the claim recites an abstract idea.
Furthermore, claim 24 does not integrate the abstract idea into a practical application. The additional elements of “a data valve calculation device” and “processing circuitry” are recited at a high level of generality and performs generic computer functions. The claim does not recite any improvement to computer technology or other technical field. The mere nominal recitation of these generic elements does not take the claim out of the methods of “Organizing Human Activity” or ”Mental Processes” grouping. Thus, the claim recites an abstract idea.
Finally, claim 24 does not recite an inventive concept. The additional elements are well-understood, routine, and conventional, and merely implement the abstract idea using generic components. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
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)(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) 1-4, 6-7, 14-24 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Marshall (US 20100241501 A1).
As per claim 1, Marshall discloses:
a data distribution management device, ([0338], “The coordination of images and data generated from cameras and devices at remote locations may be preferably transmitted to a central station for prompt viewing by organizations such as law enforcement... A law enforcement agency, or other entity responsible for homeland security, bail bondsmen, neighborhood watch groups and other crime prevention participants, becomes aware of a need to monitor a particular location in a coordinated fashion to avoid inefficiency by ensuring the coordinated distribution of assets”);
the data distribution management device comprising processing circuitry to:
acquire utilization status data indicating a utilization status in a data utilization device of utilization data including at least part of provided data that is provided by a mobility as a service (MaaS)-related operator and corresponds to movement of a moving object, (Abstract: “Methods and systems for altering behavior in a variety of applications include recording information associated with an event related to a particular activity or field”; [0338] “a type of coordination of technology involves a system for rewarding participation in monitoring for criminal, terrorist or other illegal and illicit activity...Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons, and establish time-sensitive connections with wireless communication devices, such as cellular telephones, that can receive messages that may assist in the coordination of the performance of tasks and activities...a threat may be detected against a particular building, facility (e.g. dams, bridges, rail-yards, highways) or historic artifact (e.g., the Liberty Bell). An administrator...may direct a message to the communication devices of all of the approved individuals within the system...may request the individuals to activate their cameras and engage in any number of activities to collect visual or other data. For example, the individuals may be requested to travel during certain hours in a certain zone near a building, facility or artifact to which an alert pertains, or may be requested to direct vehicles and other craft toward specified locations or directions at specified times...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”);
transmit the utilization status data as data corresponding to the provided data to a data value calculation device including processing circuitry that calculates an incentive for the MaaS-related operator for providing the provided data based on the utilization status data, (Abstract: “determining a status of the event in connection with a rewards algorithm, calculating reward information in accordance with the rewards algorithm, and storing the calculated reward information”);
As per claim 2, Marshall discloses:
a data value calculation device, the data value calculation device comprising processing circuitry to calculate an incentive for a mobility as a service (MaaS)-related operator for providing provided data, ([0005] “In a method and system of the invention, an event is recorded. The event is the item to be influenced, and may relate to a wide variety of events. An individual, account, business, or other information may be associated with the event. A status of the event is determined. If the event is to be considered in an awards or incentive algorithm, the status information is provided to the algorithm. Using the algorithm, rewards or incentive information, such as a point value, is determined. This value may then be stored, and added to an account of an individual, group, business, or other organization. The methods and systems of the invention provide incentive programs for the reward of points and other forms of credits to alter or influence, encourage and otherwise affect behaviors of individuals and/or businesses”);
based on utilization status data indicating a utilization status in a data utilization device of utilization data including at least part of the provided data that is provided by the MaaS-related operator and corresponds to movement of a moving object, ([0338] “Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”);
As per claim 3, Marshall discloses:
A data distribution management system comprising a data distribution management device and a data value calculation device, ([0338], “The coordination of images and data generated from cameras and devices at remote locations may be preferably transmitted to a central station for prompt viewing by organizations such as law enforcement... A law enforcement agency, or other entity responsible for homeland security, bail bondsmen, neighborhood watch groups and other crime prevention participants, becomes aware of a need to monitor a particular location in a coordinated fashion to avoid inefficiency by ensuring the coordinated distribution of assets”); ([0005] In a method and system of the invention, an event is recorded. The event is the item to be influenced, and may relate to a wide variety of events. An individual, account, business, or other information may be associated with the event. A status of the event is determined. If the event is to be considered in an awards or incentive algorithm, the status information is provided to the algorithm. Using the algorithm, rewards or incentive information, such as a point value, is determined. This value may then be stored, and added to an account of an individual, group, business, or other organization. The methods and systems of the invention provide incentive programs for the reward of points and other forms of credits to alter or influence, encourage and otherwise affect behaviors of individuals and/or businesses));
the data distribution management device comprising processing circuitry to acquire utilization status data indicating a utilization status in a data utilization device of utilization data including at least part of provided data that is provided by a mobility as a service (MaaS)-related operator and corresponds to movement of a moving object, (Abstract: “Methods and systems for altering behavior in a variety of applications include recording information associated with an event related to a particular activity or field”; [0338] “a type of coordination of technology involves a system for rewarding participation in monitoring for criminal, terrorist or other illegal and illicit activity...Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons, and establish time-sensitive connections with wireless communication devices, such as cellular telephones, that can receive messages that may assist in the coordination of the performance of tasks and activities...a threat may be detected against a particular building, facility (e.g. dams, bridges, rail-yards, highways) or historic artifact (e.g., the Liberty Bell). An administrator...may direct a message to the communication devices of all of the approved individuals within the system...may request the individuals to activate their cameras and engage in any number of activities to collect visual or other data. For example, the individuals may be requested to travel during certain hours in a certain zone near a building, facility or artifact to which an alert pertains, or may be requested to direct vehicles and other craft toward specified locations or directions at specified times...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”);
the data value calculation device comprising processing circuitry to calculate an incentive for the MaaS-related operator for providing the provided data based on the utilization status data,
([0005] “In a method and system of the invention, an event is recorded. The event is the item to be influenced, and may relate to a wide variety of events. An individual, account, business, or other information may be associated with the event. A status of the event is determined. If the event is to be considered in an awards or incentive algorithm, the status information is provided to the algorithm. Using the algorithm, rewards or incentive information, such as a point value, is determined. This value may then be stored, and added to an account of an individual, group, business, or other organization. The methods and systems of the invention provide incentive programs for the reward of points and other forms of credits to alter or influence, encourage and otherwise affect behaviors of individuals and/or businesses”);
wherein the processing circuitry of the data distribution management device transmits the utilization status data as data corresponding to the provided data to the data value calculation device.
([0005] “In a method and system of the invention, an event is recorded. The event is the item to be influenced, and may relate to a wide variety of events. An individual, account, business, or other information may be associated with the event. A status of the event is determined. If the event is to be considered in an awards or incentive algorithm, the status information is provided to the algorithm. Using the algorithm, rewards or incentive information, such as a point value, is determined. This value may then be stored, and added to an account of an individual, group, business, or other organization”).
As per claim 4, Marshall discloses:
wherein the utilization status data includes information indicating gain obtained by utilizing the utilization data, ([0338],”...Points may also be awarded based on...the degree of effectiveness or reliability of individuals”).
As per claim 6, Marshall discloses:
wherein the provided data is associated with data indicating a usage restriction on the provided data, and wherein the utilization data is data that complies with the usage restriction on the provided data.
([0063] “a reward is provided in the form of access, possibly either at restricted websites or through other means”; [0243] “Value may also be awarded for any reason including, for example, if customers initiate contact with the system administrator from their vehicles or from any other location including from their residences or businesses locations and at any point in time. The system administrator may convey offers of value that may or may not be restricted to or contained in a list of possible physical locations that offer for sale the type of goods and/or services that the customer has expressed an interest in examining and/or purchasing”).
As per claim 7, Marshall discloses:
wherein the processing circuitry of the data value calculation device calculates a data usage fee for the data utilization device for utilizing the utilization data based on the utilization status data.
([0010] “Either the payee may receive some value not otherwise available, or avoid a cost that the payee may otherwise incur. The value may include any item of value, and the cost may include a cost of any kind, including those set forth herein. The cost may be the loss of something of value available only on condition of complying with the conditions”).
As per claim 14, Marshall discloses:
wherein the data utilization device generates evaluation data indicating at least one of evaluation of the utilization data and evaluation of the MaaS-related operator providing the provided data, and wherein the processing circuitry of the data value calculation device calculates the incentive based on the utilization status data and the evaluation data, ([0338] “Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”);
As per claim 15, Marshall discloses:
wherein when there are a plurality of MaaS-related operators, each being the MaaS-related operator,
the processing circuitry of the data distribution management device acquires the provided data from each MaaS-related operator of the plurality of MaaS-related operators; and transmits, with regard to each MaaS-related operator of the plurality of MaaS-related operators, evaluation data indicating at least one of evaluation of utilization data corresponding to each MaaS-related operator and evaluation of each MaaS-related operator to the data utilization device, receives data indicating a data provision request generated in the data utilization device based on the transmitted evaluation data, and
([0338] “Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”);
transmits utilization data corresponding to the data provision request indicated by the
received data to the data utilization device, ([0338] “a type of coordination of technology involves a system for rewarding participation in monitoring for criminal, terrorist or other illegal and illicit activity...Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons, and establish time-sensitive connections with wireless communication devices, such as cellular telephones, that can receive messages that may assist in the coordination of the performance of tasks and activities...a threat may be detected against a particular building, facility (e.g. dams, bridges, rail-yards, highways) or historic artifact (e.g., the Liberty Bell). An administrator...may direct a message to the communication devices of all of the approved individuals within the system...may request the individuals to activate their cameras and engage in any number of activities to collect visual or other data. For example, the individuals may be requested to travel during certain hours in a certain zone near a building, facility or artifact to which an alert pertains, or may be requested to direct vehicles and other craft toward specified locations or directions at specified times...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”).
As per claim 16, Marshall discloses:
wherein when there are a plurality of MaaS-related operators, each being the MaaS-related operator,
([0338] “Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons”);
the utilization data is data generated using the provided data acquired from each MaaS-related operator of the plurality of MaaS-related operators, and the processing circuitry of the data value calculation device calculates an incentive for each MaaS-related operator of the plurality of MaaS-related operators based on the utilization status data and a contribution rate to the utilization data of each MaaS-related operator of the plurality of MaaS-related operators, ([0338] “Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”);
As per claim 17, Marshall discloses:
wherein the processing circuitry of the data value calculation device determines a contribution rate corresponding to each MaaS-related operator of the plurality of MaaS-related operators according to a utilization purpose of the utilization data in the data utilization device, (([0338] “Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”).
As per claim 18, Marshall discloses:
wherein a lower limit of an incentive corresponding to the utilization data is set for the utilization data, and wherein the processing circuitry of the data distribution management device transmits the utilization data to the data utilization device when a user of the data utilization device accepts the lower limit of the incentive corresponding to the utilization data, ([0355] “Points may be awarded to the lower level employees depending on the accuracy and quality of the suggestion or information and/or a change in the status quo leading up to the reporting incident”).
As per claim 19, Marshall discloses:
acquiring utilization status data indicating a utilization status in a data utilization device of utilization data including at least part of provided data that is provided by a mobility as a service (MaaS)-related operator and corresponds to movement of a moving object, by a computer, ([0338] “a type of coordination of technology involves a system for rewarding participation in monitoring for criminal, terrorist or other illegal and illicit activity...Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons, and establish time-sensitive connections with wireless communication devices, such as cellular telephones, that can receive messages that may assist in the coordination of the performance of tasks and activities...a threat may be detected against a particular building, facility (e.g. dams, bridges, rail-yards, highways) or historic artifact (e.g., the Liberty Bell). An administrator...may direct a message to the communication devices of all of the approved individuals within the system...may request the individuals to activate their cameras and engage in any number of activities to collect visual or other data. For example, the individuals may be requested to travel during certain hours in a certain zone near a building, facility or artifact to which an alert pertains, or may be requested to direct vehicles and other craft toward specified locations or directions at specified times...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”); and
transmitting the utilization status data as data corresponding to the provided data to a data value calculation device including processing circuitry that calculates an incentive for the MaaS-related operator for providing the provided data based on the utilization status data, by the computer, ([0005] “In a method and system of the invention, an event is recorded. The event is the item to be influenced, and may relate to a wide variety of events. An individual, account, business, or other information may be associated with the event. A status of the event is determined. If the event is to be considered in an awards or incentive algorithm, the status information is provided to the algorithm. Using the algorithm, rewards or incentive information, such as a point value, is determined. This value may then be stored, and added to an account of an individual, group, business, or other organization. The methods and systems of the invention provide incentive programs for the reward of points and other forms of credits to alter or influence, encourage and otherwise affect behaviors of individuals and/or businesses”).
As per claim 20, Marshall discloses:
calculating an incentive for a mobility as a service (MaaS)-related operator for providing provided data, based on utilization status data indicating a utilization status in a data utilization device of utilization data including at least part of the provided data that is provided by the MaaS-related operator and corresponds to movement of a moving object, by a computer, ([0338] “a type of coordination of technology involves a system for rewarding participation in monitoring for criminal, terrorist or other illegal and illicit activity...Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons, and establish time-sensitive connections with wireless communication devices, such as cellular telephones, that can receive messages that may assist in the coordination of the performance of tasks and activities...a threat may be detected against a particular building, facility (e.g. dams, bridges, rail-yards, highways) or historic artifact (e.g., the Liberty Bell). An administrator...may direct a message to the communication devices of all of the approved individuals within the system...may request the individuals to activate their cameras and engage in any number of activities to collect visual or other data. For example, the individuals may be requested to travel during certain hours in a certain zone near a building, facility or artifact to which an alert pertains, or may be requested to direct vehicles and other craft toward specified locations or directions at specified times...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”).
As per claim 21, Marshall discloses:
acquiring utilization status data indicating a utilization status in a data utilization
device of utilization data including at least part of provided data that is provided by a
mobility as a service (MaaS)-related operator and corresponds to movement of a moving
object, by a first computer, (Abstract: “Methods and systems for altering behavior in a variety of applications include recording information associated with an event related to a particular activity or field”; [0338] “a type of coordination of technology involves a system for rewarding participation in monitoring for criminal, terrorist or other illegal and illicit activity...Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons, and establish time-sensitive connections with wireless communication devices, such as cellular telephones, that can receive messages that may assist in the coordination of the performance of tasks and activities...a threat may be detected against a particular building, facility (e.g. dams, bridges, rail-yards, highways) or historic artifact (e.g., the Liberty Bell). An administrator...may direct a message to the communication devices of all of the approved individuals within the system...may request the individuals to activate their cameras and engage in any number of activities to collect visual or other data. For example, the individuals may be requested to travel during certain hours in a certain zone near a building, facility or artifact to which an alert pertains, or may be requested to direct vehicles and other craft toward specified locations or directions at specified times...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”);
calculating an incentive for the MaaS-related operator for providing the provided data based on the utilization status data, by a second computer,([0383] “Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”); and
transmitting the utilization status data as data corresponding to the provided data to the second computer, by the first computer, ([0005] “In a method and system of the invention, an event is recorded. The event is the item to be influenced, and may relate to a wide variety of events. An individual, account, business, or other information may be associated with the event. A status of the event is determined. If the event is to be considered in an awards or incentive algorithm, the status information is provided to the algorithm. Using the algorithm, rewards or incentive information, such as a point value, is determined. This value may then be stored, and added to an account of an individual, group, business, or other organization”).
As per claim 22, Marshall discloses:
a utilization status data acquisition process of acquiring utilization status data indicating a utilization status in a data utilization device of utilization data including at least part of provided data that is provided by a mobility as a service (MaaS)-related operator and corresponds to movement of a moving object, (Abstract: “Methods and systems for altering behavior in a variety of applications include recording information associated with an event related to a particular activity or field”; [0338] “a type of coordination of technology involves a system for rewarding participation in monitoring for criminal, terrorist or other illegal and illicit activity...Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons, and establish time-sensitive connections with wireless communication devices, such as cellular telephones, that can receive messages that may assist in the coordination of the performance of tasks and activities...a threat may be detected against a particular building, facility (e.g. dams, bridges, rail-yards, highways) or historic artifact (e.g., the Liberty Bell). An administrator...may direct a message to the communication devices of all of the approved individuals within the system...may request the individuals to activate their cameras and engage in any number of activities to collect visual or other data. For example, the individuals may be requested to travel during certain hours in a certain zone near a building, facility or artifact to which an alert pertains, or may be requested to direct vehicles and other craft toward specified locations or directions at specified times...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”); and
a utilization status data transmission process of transmitting the utilization status data as data corresponding to the provided data to a data value calculation device that executes an incentive calculation process of calculating an incentive for the MaaS-related operator for providing the provided data based on the utilization status data, ([0005] “In a method and system of the invention, an event is recorded. The event is the item to be influenced, and may relate to a wide variety of events. An individual, account, business, or other information may be associated with the event. A status of the event is determined. If the event is to be considered in an awards or incentive algorithm, the status information is provided to the algorithm. Using the algorithm, rewards or incentive information, such as a point value, is determined. This value may then be stored, and added to an account of an individual, group, business, or other organization”).
As per claim 23, Marshall discloses:
execute an incentive calculation process of calculating an incentive for a mobility as a service (MaaS)-related operator for providing provided data, based on utilization status data indicating a utilization status in a data utilization device of utilization data including at least part of the provided data that is provided by the MaaS-related operator and corresponds to movement of a moving object, (Abstract: “Methods and systems for altering behavior in a variety of applications include recording information associated with an event related to a particular activity or field”; [0338] “a type of coordination of technology involves a system for rewarding participation in monitoring for criminal, terrorist or other illegal and illicit activity...Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons, and establish time-sensitive connections with wireless communication devices, such as cellular telephones, that can receive messages that may assist in the coordination of the performance of tasks and activities...a threat may be detected against a particular building, facility (e.g. dams, bridges, rail-yards, highways) or historic artifact (e.g., the Liberty Bell). An administrator...may direct a message to the communication devices of all of the approved individuals within the system...may request the individuals to activate their cameras and engage in any number of activities to collect visual or other data. For example, the individuals may be requested to travel during certain hours in a certain zone near a building, facility or artifact to which an alert pertains, or may be requested to direct vehicles and other craft toward specified locations or directions at specified times...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”);
As per claim 24, Marshall discloses:
Execute a utilization status data acquisition process of acquiring utilization status data indicating a utilization status in a data utilization device of utilization data including at least part of provided data that is provided by a mobility as a service (MaaS)-related operator and corresponds to movement of a moving object, (Abstract: “Methods and systems for altering behavior in a variety of applications include recording information associated with an event related to a particular activity or field”; [0338] “a type of coordination of technology involves a system for rewarding participation in monitoring for criminal, terrorist or other illegal and illicit activity...Individuals enrolled in the program may be preferably tracked, such as by GPS units in vehicles or by other tracking devices on persons, and establish time-sensitive connections with wireless communication devices, such as cellular telephones, that can receive messages that may assist in the coordination of the performance of tasks and activities...a threat may be detected against a particular building, facility (e.g. dams, bridges, rail-yards, highways) or historic artifact (e.g., the Liberty Bell). An administrator...may direct a message to the communication devices of all of the approved individuals within the system...may request the individuals to activate their cameras and engage in any number of activities to collect visual or other data. For example, the individuals may be requested to travel during certain hours in a certain zone near a building, facility or artifact to which an alert pertains, or may be requested to direct vehicles and other craft toward specified locations or directions at specified times...Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”); and
causes a data value calculation device, which is a computer, to execute an incentive calculation process of calculating an incentive for the MaaS-related operator for providing the provided data based on the utilization status data, ([0383] “Points may also be awarded based on the length of time an individual participates in the program, the frequency with which the person performs the requested tasks and activities, the importance of the tasks and activities, the degree of effectiveness or reliability of individuals, special qualifications or capabilities possessed by individuals who contribute those capabilities and other factors...The leveraging of existing fleets of vehicles, such as trucks and taxi fleets and delivery vehicle fleets, may be enrolled as a group in such a program”);
wherein the data distribution management program further causes the data distribution management device to execute a utilization status data transmission process of transmitting the utilization status
data as data corresponding to the provided data to the data value calculation device, ([0005] “In a method and system of the invention, an event is recorded. The event is the item to be influenced, and may relate to a wide variety of events. An individual, account, business, or other information may be associated with the event. A status of the event is determined. If the event is to be considered in an awards or incentive algorithm, the status information is provided to the algorithm. Using the algorithm, rewards or incentive information, such as a point value, is determined. This value may then be stored, and added to an account of an individual, group, business, or other organization”).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 5, 8-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marshall (US 20100241501 A1), and further in view of Kondo (US 20130268148 A1).
As per claim 5, Marshall does not disclose:
wherein the provided data is associated with data indicating freshness of the provided data, and
wherein the processing circuitry of the data value calculation device calculates the incentive according to the freshness of the provided data.
However, Kondo (US 20130268148 A1) discloses: ([0031] “Furthermore, when the train is in a stopping state at a station, the on-board device 3 monitors fluctuations in the congestion rate (the boarding rate) of each vehicle, calculates an alighting rate based on the lowest value of the congestion rate (the lowest congestion rate during stop at the station), and transmits the alighting rate to the main server 1.”).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include the fluctuation in car congestion/utilization rate of Kondo in the incentive/reward system of Marshall to incentivize a rail operator to provide more useful congestion information.
As per claim 8, Marshall does not disclose the following limitations, however, Kondo discloses:
wherein the MaaS-related operator is a railway operator, ([0007] “in a vehicle having a high congestion degree, a wear amount of wheels increases, and also in this case, the frequency of the maintenance work increases. Further, when a part of vehicles is congested, a required time until all passengers board the vehicles increases, and a delay of the train may occur. Therefore, it is considered that it is desirable for users and railway operators that the congestion degrees of respective vehicles of a train are equalized”);
wherein the provided data includes data indicating movement using a railway by the moving object, (Kondo, ([0031] “After the train starts traveling (after having departed a station), the on-board device 3 installed in the train calculates a boarding rate (a congestion rate) of each vehicle at a predetermined timing”).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include data indicating movement by a railway operator, using a railway by the moving object car including congestion/utilization rate of Kondo in the incentive/reward system of Marshall to incentivize a rail operator to provide more useful congestion information.
As per claim 9, Marshall does not disclose:
wherein the provided data includes congestion information that is information about congestion in a railway facility.
However, Kondo (US 20130268148 A1) discloses: ([0031] After the train starts traveling (after having departed a station), the on-board device 3 installed in the train calculates a boarding rate (a congestion rate) of each vehicle at a predetermined timing),
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include data including congestion/utilization rate of Kondo in the incentive/reward system of Marshall to incentivize a rail operator to provide more useful congestion information.
As per claim 10, Marshall does not disclose:
wherein the processing circuitry of the data value calculation device calculates the incentive based on the utilization status data and information about whether the congestion information is information indicating congestion for each train car.
However, Kondo (US 20130268148 A1) discloses: ([0031] “After the train starts traveling (after having departed a station), the on-board device 3 installed in the train calculates a boarding rate (a congestion rate) of each vehicle at a predetermined timing, and transmits the boarding rate to the main server 1 by wireless communication... Furthermore, when the train is in a stopping state at a station, the on-board device 3 monitors fluctuations in the congestion rate (the boarding rate) of each vehicle, calculates an alighting rate based on the lowest value of the congestion rate (the lowest congestion rate during stop at the station), and transmits the alighting rate to the main server 1. The alighting rate is information indicating a difference between the boarding rate during travel and the boarding rate at a time when the train has arrived at a station and alighting of users is complete. Specifically, the alighting rate is information indicating how much the boarding rate at the time of arrival at a station has changed when alighting of users is complete at the station. As the alighting rate increases, the boarding rate largely decreases due to alighting of users at the station; [0033] When the main server 1 acquires the alighting rate, the database 4 is updated based on the acquired alighting rate. Specifically, upon acquisition of the alighting rate, the main server 1 collects various pieces of information to be registered in the records of the database 4 together with the acquired alighting rate, that is, the information of time at a time when having acquired the alighting rate (date, time, and weekday/holiday), the information of place (station, platform, and vehicle), the information of train (train type and destination), and other pieces of information (weather, temperature, and special day), and registers the information in the database 4 together with the alighting rate”).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include the car congestion/utilization rate of Kondo in the incentive/reward system of Marshall to incentivize a rail operator to provide more useful congestion information.
As per claim 11, Marshall does not disclose:
wherein the processing circuitry of the data value calculation device calculates the incentive based on the utilization status data and information indicating freshness of the congestion information.
However, Kondo discloses: ([0031] “Furthermore, when the train is in a stopping state at a station, the on-board device 3 monitors fluctuations in the congestion rate (the boarding rate) of each vehicle, calculates an alighting rate based on the lowest value of the congestion rate (the lowest congestion rate during stop at the station), and transmits the alighting rate to the main server 1”).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include data including utilization rate of Kondo in the incentive/reward system of Marshall to incentivize a rail operator to provide more useful congestion information.
As per claim 12, Marshall does not disclose:
wherein the MaaS-related operator is a railway operator, and wherein the provided data includes information about operation management of a railway facility.
However, Kondo discloses: ([0007] “in a vehicle having a high congestion degree, a wear amount of wheels increases, and also in this case, the frequency of the maintenance work increases. Further, when a part of vehicles is congested, a required time until all passengers board the vehicles increases, and a delay of the train may occur. Therefore, it is considered that it is desirable for users and railway operators that the congestion degrees of respective vehicles of a train are equalized; [0031] “After the train starts traveling (after having departed a station), the on-board device 3 installed in the train calculates a boarding rate (a congestion rate) of each vehicle at a predetermined timing”).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include operation management data including congestion/utilization rate of Kondo in the incentive/reward system of Marshall to incentivize a rail operator to provide more useful congestion information.
As per claim 13, Marshall does not disclose the following limitations, however, Kondo discloses:
wherein the MaaS-related operator is a railway operator, (Kondo [0007], “in a vehicle having a high congestion degree, a wear amount of wheels increases, and also in this case, the frequency of the maintenance work increases. Further, when a part of vehicles is congested, a required time until all passengers board the vehicles increases, and a delay of the train may occur. Therefore, it is considered that it is desirable for users and railway operators that the congestion degrees of respective vehicles of a train are equalized);
wherein the provided data includes data acquired by a sensor provided in a railway facility, (Kondo [0003], “estimating a congestion degree for each vehicle of a train by using an optical sensor installed besides the rails and displaying guidance of boarding positions with respect to users waiting for the train at the next arrival station”.).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include data including congestion/utilization rate of Kondo in the incentive/reward system of Marshall to incentivize a rail operator to provide more useful congestion information.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Akiba Robinson whose telephone number is 571-272-6734 and email is Akiba.Robinsonboyce@USPTO.gov. The examiner can normally be reached on Monday-Thursday 6:30am-4:30pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor, Nathan Uber can be reached on 571-270-3923. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703) 305-3900.
April 16, 2026
/AKIBA K ROBINSON/Primary Examiner, Art Unit 3628
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