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 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
According to step 1 claim 1 is an apparatus.
According to step 2A, prong 1 the claimed invention is directed to a judicial exception (i.e., an abstract idea).
That is Claim(s) 1-5 are directed to “a travel support device that supports platooning of vehicles, comprising processing circuitry…”:
Claim 1 recites:
processing circuitry configured to:
acquire, from a target vehicle, travel preference information indicating a preference of an occupant regarding vehicle traveling and including travel pattern preference information on a desired travel pattern; and
based on the acquired travel preference information, execute vehicle train formation support processing of supporting formation of a vehicle train that performs the platooning,
wherein the vehicle train formation support processing includes presenting the vehicle train as a candidate for cooperatively performing the platooning, to the occupant of the target vehicle through a human machine interface device of the target vehicle, when a degree of match of the travel preference information between the vehicle train and the target vehicle is higher than a first threshold value.
These limitations can be done on a piece of paper and pencil and result presented to a human via a huma machine interface.
The steps to: “acquire, from a target vehicle, travel preference information……, simulating an underwater navigation route………, based on the acquired travel preference information, execute vehicle train formation support processing of …., wherein the vehicle train formation support processing includes presenting the vehicle train as a candidate for cooperatively performing the platooning …” are limitations are directed to mental processes for organizing human activity and using a computer or a processing circuitry to perform mathematical processes or concepts to process, and acquire information to be presented to a human through a human machine interface.
According to step 2A, prong 2 the judicial exception is not integrated into a practical application. The claim has an additional element of a processing circuitry, a human machine interface, target vehicle, etc. These simply apply the judicial exception to a particular technological environment by generally linking it to platooning of vehicles. These additional element do not integrate the abstract into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
According to step 2B, the claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because even though the claims recite processing circuitry, the processing circuitry is merely acquiring and processing intangible data and transferring the processed data to a human machine interface. The control circuitry or additional elements to not control a vehicle or control the human machine interface to present information, or control formation of an actual physical vehicle train driving to a destination.
Accordingly the claim recite an additional elements that do not amount to significantly more than the judicial exception because the additional element generally links the use of the judicial exception to setting a route for vehicles – see MPEP 2106.05(h)
Applicant may overcome the 101 rejection by reciting a computer or controller or processing circuitry that control a vehicle or control the human machine interface to present information, or control formation of an actual physical vehicle train driving to a destination.
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 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites,
“ acquire, from a target vehicle, travel preference information indicating a preference of an occupant regarding vehicle traveling and including travel pattern preference information on a desired travel pattern; and
based on the acquired travel preference information, execute vehicle train formation support processing of supporting formation of a vehicle train that performs the platooning,
wherein the vehicle train formation support processing includes presenting the vehicle train as a candidate for cooperatively performing the platooning, to the occupant of the target vehicle through a human machine interface device of the target vehicle, when a degree of match of the travel preference information between the vehicle train and the target vehicle is higher than a first threshold value.
The limitation, “an occupant regarding vehicle traveling …” does not indicate whether the occupant is in a target vehicle or in a vehicle train or vehicle platoon. As such in the last section of claim 1, the limitation, “the occupant of the target vehicle” lacks antecedent basis.
In addition, in claim 3, the limitation, “calculating a time for the target vehicle to reach the vehicle train” is not clear since the vehicle train of claim 1 is information presented to an occupant through a human machine interface? That is, how can this be possible when claim 1 indicates that the vehicle train is candidate information presented to an occupant through a human machine interface and claim 3 calls for “calculating a time for the target vehicle to reach the vehicle train”. The examiner will suggest that claim 1 should be indicate that there are vehicles present on a route. The vehicles in claim 1 appear to be on paper and are presented to an occupant on a GUI. As such it is not clear how the vehicles will reach each other as in claim 3 when the vehicles are presented on a GUI.
The rest of the claim are rejected for having similar deficiencies as claims 1, 3 or for depending on claim 1.
Conclusion
The prior art, US 20260018062, US 20260018063 made of record and not relied upon is considered pertinent to applicant's disclosure.
The above prior art may have a tendency of double patenting depending on applicant’s potential future amendments to the claims per the rejections above.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at 571 270 5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONNIE M MANCHO/ Primary Examiner, Art Unit 3657
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