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 . 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 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.
Status of Claims
Claims 1-20 are pending and have been examined below.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims of the instant application are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of copending Application No. 19243089 in view of US20190383627 and US20230191984, the correspondence between the instant application and the reference documents shown in the table below.
This is a provisional nonstatutory double patenting rejection.
Instant Application
US Application 19243089
US20190383627
US20230191984
claim 1
claim 1
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
paragraph 0050
claim 2
claim 2
n/a
n/a
claim 3
claim 3
n/a
n/a
claim 4
claim 4
n/a
n/a
claim 5
claim 5
n/a
n/a
claim 6
claim 6
n/a
n/a
claim 7
claim 7
n/a
n/a
claim 8
claim 8
n/a
n/a
claim 9
claim 9
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
paragraph 0050
claim 10
claim 10
n/a
n/a
claim 11
claim 11
n/a
n/a
claim 12
claim 12
n/a
n/a
claim 13
claim 13
n/a
n/a
claim 14
claim 14
n/a
n/a
claim 15
claim 15
n/a
n/a
claim 16
claim 16
n/a
n/a
claim 17
claim 17
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
paragraph 0050
claim 18
claim 18
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
n/a
claim 19
claim 19
n/a
n/a
claim 20
claim 20
n/a
n/a
US Application 19243089 and US20190383627 both disclose systems of determining and selecting performance settings for a vehicle based on location. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in US Application 19243089 to include the teaching of US20190383627 with a reasonable expectation of success in order to enhance vehicle and operator safety by taking into account additional factors that influence the performance settings and impact the vehicle and operator safety.
Additionally, US Application 19243089 and US20230191984 both disclose systems of determining and selecting performance settings for a vehicle. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in US Application 19243089 to include the teaching of US20230191984 with a reasonable expectation of success in order to improve safety of the vehicle and passengers based on the driving situation (US20230191984: paragraph 0050).
Additionally, claims of the instant application are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of copending Application No. 19243166 in view of US20190383627 and US20230191984, the correspondence between the instant application and the reference documents shown in the table below.
This is a provisional nonstatutory double patenting rejection.
Instant Application
US Application 19243166
US20190383627
US20230191984
claim 1
claim 1
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
paragraph 0050
claim 3
claim 3
n/a
n/a
claim 4
claim 4
n/a
n/a
claim 5
claim 5
n/a
n/a
claim 6
claim 6
n/a
n/a
claim 7
claim 7
n/a
n/a
claim 8
claim 8
n/a
n/a
claim 9
claim 9
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
paragraph 0050
claim 11
claim 11
n/a
n/a
claim 12
claim 12
n/a
n/a
claim 13
claim 13
n/a
n/a
claim 14
claim 14
n/a
n/a
claim 15
claim 15
n/a
n/a
claim 16
claim 16
n/a
n/a
claim 17
claim 17
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
paragraph 0050
claim 18
claim 18
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
n/a
claim 19
claim 19
n/a
n/a
claim 20
claim 20
n/a
n/a
US Application 19243166 and US20190383627 both disclose systems of determining and selecting performance settings for a vehicle based on location. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in US Application 19243166 to include the teaching of US20190383627 with a reasonable expectation of success in order to enhance vehicle and operator safety by taking into account additional factors that influence the performance settings and impact the vehicle and operator safety.
Additionally, US Application 19243166 and US20230191984 both disclose systems of determining and selecting performance settings for a vehicle. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in US Application 19243166 to include the teaching of US20230191984 with a reasonable expectation of success in order to improve safety of the vehicle and passengers based on the driving situation (US20230191984: paragraph 0050).
Additionally, claims of the instant application are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of copending Application No. 19243163 in view of US20190383627 and US20230191984, the correspondence between the instant application and the reference documents shown in the table below.
This is a provisional nonstatutory double patenting rejection.
Instant Application
US Application 19243163
US20190383627
US20230191984
claim 1
claim 1
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
paragraph 0050
claim 2
claim 2
n/a
n/a
claim 3
claim 3
n/a
n/a
claim 4
claim 4
n/a
n/a
claim 5
claim 5
n/a
n/a
claim 6
claim 6
n/a
n/a
claim 7
claim 7
n/a
n/a
claim 8
claim 8
n/a
n/a
claim 9
claim 9
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
paragraph 0050
claim 10
claim 10
n/a
n/a
claim 11
claim 11
n/a
n/a
claim 12
claim 12
n/a
n/a
claim 13
claim 13
n/a
n/a
claim 14
claim 14
n/a
n/a
claim 15
claim 15
n/a
n/a
claim 16
claim 16
n/a
n/a
claim 17
claim 17
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
paragraph 0050
claim 18
claim 18
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
n/a
claim 19
claim 19
n/a
n/a
claim 20
claim 20
n/a
n/a
US Application 19243163 and US20190383627 both disclose systems of determining and selecting performance settings for a vehicle based on location. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in US Application 19243163 to include the teaching of US20190383627 with a reasonable expectation of success in order to enhance vehicle and operator safety by taking into account additional factors that influence the performance settings and impact the vehicle and operator safety.
Additionally, US Application 19243163 and US20230191984 both disclose systems of determining and selecting performance settings for a vehicle. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in US Application 19243163 to include the teaching of US20230191984 with a reasonable expectation of success in order to improve safety of the vehicle and passengers based on the driving situation (US20230191984: paragraph 0050).
Additionally, claims of the instant application are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of copending Application No. 17931320 in view of US20190383627 and US20230191984, the correspondence between the instant application and the reference documents shown in the table below.
This is a provisional nonstatutory double patenting rejection.
Instant Application
US Application 17931320
US20190383627
US20230191984
claim 1
claim 1
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
paragraph 0050
claim 2
claim 2
n/a
n/a
claim 3
claim 3
n/a
n/a
claim 4
claim 4
n/a
n/a
claim 5
claim 5
n/a
n/a
claim 6
claim 6
n/a
n/a
claim 7
claim 7
n/a
n/a
claim 8
claim 8
n/a
n/a
claim 9
claim 9
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
paragraph 0050
claim 10
claim 10
n/a
n/a
claim 11
claim 11
n/a
n/a
claim 12
claim 12
n/a
n/a
claim 13
claim 13
n/a
n/a
claim 14
claim 14
n/a
n/a
claim 15
claim 15
n/a
n/a
claim 16
claim 16
n/a
n/a
claim 17
claim 17
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
paragraph 0050
claim 18
claim 18
paragraphs 0115, 0047, 0027, 0045, 0074, 0151
n/a
claim 19
claim 19
n/a
n/a
claim 20
claim 20
n/a
n/a
US Application 17931320 and US20190383627 both disclose systems of determining and selecting performance settings for a vehicle based on location. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in US Application 17931320 to include the teaching of US20190383627 with a reasonable expectation of success in order to enhance vehicle and operator safety by taking into account additional factors that influence the performance settings and impact the vehicle and operator safety.
Additionally, US Application 17931320 and US20230191984 both disclose systems of determining and selecting performance settings for a vehicle. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in US Application 17931320 to include the teaching of US20230191984 with a reasonable expectation of success in order to improve safety of the vehicle and passengers based on the driving situation (US20230191984: paragraph 0050).
The modification of US applications 19243089, 19243166, 19243163 and 17931320 in light of the secondary reference(s) is proper because the applied reference(s) is/are so related that the appearance of features shown in one would suggest the application of those features to the other. See In re Rosen, 673 F.2d 388, 213 USPQ 347 (CCPA 1982); In re Carter, 673 F.2d 1378, 213 USPQ 625 (CCPA 1982), and In re Glavas, 230 F.2d 447, 109 USPQ 50 (CCPA 1956). Further, it is noted that case law has held that a designer skilled in the art is charged with knowledge of the related art; therefore, the combination of old elements, herein, would have been well within the level of ordinary skill. See In re Antle, 444 F.2d 1168,170 USPQ 285 (CCPA 1971) and In re Nalbandian, 661 F.2d 1214, 211 USPQ 782 (CCPA 1981).
Claim Rejections - 35 USC § 101
35 USC 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.
Claim(s) 1-7, 9-15 and 17-19 is/are rejected under 35 USC 101 because the claimed invention is directed to an abstract idea, without significantly more. The rejected claim(s) is/are shown below with formatting and annotations that will be referred to throughout the analysis. Abstract ideas are in bold, followed by the abstract idea grouping in brackets. Additional elements are underlined, followed by the category of additional elements for which the additional element fails to integrate the abstract idea into a practical application, the category being listed in brackets.
Claim 1
A two wheel vehicle comprising:
one or more battery modules including one or more battery cells [field of use and technological environment];
one or more processors ["apply it" (or an equivalent) or mere instructions to implement an abstract idea or other exception on a computer] operably connected to the one or more battery cells to control two wheel vehicle performance [field of use and technological environment];
a Global Positioning System (GPS) configured to determine a geographical location of the two wheel vehicle [field of use and technological environment];
the one or more processors configured ["apply it" (or an equivalent) or mere instructions to implement an abstract idea or other exception on a computer] to select a two wheel vehicle performance setting from a plurality of two wheel vehicle performance settings based on the location of the two wheel vehicle [mental process]; and
the one or more processors configured to use machine learning ["apply it" (or an equivalent) or mere instructions to implement an abstract idea or other exception on a computer] to predictively optimize the two wheel vehicle performance setting [mental process].
Claim 2
The two wheel vehicle of claim 1, wherein the plurality of two wheel vehicle performance settings correspond to US Federal Motor Vehicle Safety Standards (FMVSS) including type 1 or 2 e-Bicycle, moped, or motorcycle [field of use and technological environment].
Claim 3
The two wheel vehicle of claim 1, wherein the wireless transceiver includes:
a wireless transmitter operably connected to the one or more processors [field of use and technological environment] and configured to transmit data wirelessly including location of the vehicle to a remote server [insignificant extra-solution activity – transmitting/receiving data]; and
a wireless receiver operably connected to the one or more processors [field of use and technological environment] to receive data from the remote server including vehicle performance parameters [insignificant extra-solution activity – transmitting/receiving data], the processor configured [field of use and technological environment] to select the two wheel vehicle performance setting from the plurality of two wheel vehicle performance settings based on the vehicle performance parameters.
Claim 4
The two wheel vehicle of claim 1, comprising a user input interface [field of use and technological environment] configured to receive user input including selection of the two wheel vehicle performance setting from the plurality of two wheel vehicle performance settings [insignificant extra-solution activity – transmitting/receiving data].
Claim 5
The two wheel vehicle of claim 1, comprising u [field of use and technological environment] configured to indicate the selected two wheel vehicle performance setting from the plurality of two wheel vehicle performance settings [insignificant extra-solution activity – displaying/outputting results].
Claim 5
The two wheel vehicle of claim 1, comprising a user input interface configured [field of use and technological environment] to indicate a set of two wheel vehicle performance settings from the plurality of two wheel vehicle performance settings currently available for selection by the user based on the location of the two wheel vehicle [insignificant extra-solution activity – displaying/outputting results], the user input interface configured [field of use and technological environment] to receive user input including selection of a two wheel vehicle performance setting from the set of two wheel vehicle performance settings [insignificant extra-solution activity – transmitting/receiving data].
Claim 7
The two wheel vehicle of claim 1, the one or more processors configured ["apply it" (or an equivalent) or mere instructions to implement an abstract idea or other exception on a computer] to communicate with a mobile device including a user input interface configured [insignificant extra-solution activity – transmitting/receiving data] to indicate a set of two wheel vehicle performance settings from the plurality of two wheel vehicle performance settings currently available for selection by the user based on the location of the two wheel vehicle [insignificant extra-solution activity – displaying/outputting results], the user input interface configured to receive user input including selection of a two wheel vehicle performance setting from the set of two wheel vehicle performance settings, the one or more processors configured to receiver the user input and select the two wheel vehicle performance setting from the set of two wheel vehicle performance settings based on the user input [insignificant extra-solution activity – transmitting/receiving data].
Claim(s) 9-15
Claim(s) 9, 10, 11, 12, 13, 14 and 15 recite(s) subject matter similar to that/those of claim(s) 1, 2, 3, 4, 5, 6 and 7, respectively, and is/are rejected under the same grounds.
Claim 17
A method of controlling a vehicle, comprising:
providing at least two of a geographical location of the vehicle, a time of day, and live traffic conditions [insignificant extra-solution activity – transmitting/receiving data];
selecting a vehicle performance setting from a plurality of vehicle performance settings based on the geographical location of the vehicle [mental process]; and
predictively optimize, using machine learning ["apply it" (or an equivalent) or mere instructions to implement an abstract idea or other exception on a computer], the vehicle performance setting [mental process].
Claim 18
The method of claim 17, comprising:
the vehicle transmitting data wirelessly including location of the vehicle to a remote server [insignificant extra-solution activity – transmitting/receiving data];
the vehicle receiving data from the remote server including the time of day, the live traffic conditions, and the plurality of vehicle performance parameters [insignificant extra-solution activity – transmitting/receiving data]; and
selecting the vehicle performance setting from the plurality of vehicle performance settings based on the vehicle performance parameters [mental process].
Claim 19
The method of claim 17, comprising:
indicating to a rider of the vehicle a set of vehicle performance settings from the plurality of vehicle performance settings currently available for selection by the rider based on the location of the vehicle [insignificant extra-solution activity – displaying/outputting data]; and
receiving user input from the rider including selection of a vehicle performance setting from the set of vehicle performance settings [insignificant extra-solution activity – transmitting/receiving data].
Step 1
The claims are directed to a process, machine, manufacture or composition of matter. The analysis proceeds to step 2A, prong I.
Step 2A, Prong I
The claims are analyzed to determine whether they recite subject matter that falls within one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes. See MPEP 2106(A)(11)(1) and MPEP 2106.04(a)-(c).
Examiner asserts that the foregoing bolded limitation(s) constitute(s) a mathematical concept, a certain method of organizing human activity, and/or a mental process because under the broadest reasonable interpretation, the limitation(s) can be performed in the human mind, or by a human using a pen and paper. Accordingly, the claim recites at least one abstract idea, and the analysis proceeds to step 2A, prong II.
Step 2A, Prong II
The claims are analyzed to determine whether the claims, as a whole, integrate the abstract idea(s) into a practical application. See MPEP 2106.04(11)(A)(2) and MPEP 2106.04(d)(2). It must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional element(s) merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.” See MPEP 2106.05f-h.
The additional element(s) of the claim at issue do not integrate the abstract idea into a practical application. Further, looking at the additional element(s) as an ordered combination or as a whole, the additional element(s) add nothing that is not already present when looking at the element(s) individually. For instance, there is no indication that the additional element(s), when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use 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 not more than a drafting effort designed to monopolize the exception. See MPEP 2106.05. The analysis proceeds to step 2B.
Step 2B
Step 2B requires that any additional element(s) determined to be insignificant extra solution activity in Step 2A must be re-evaluated in Step 2B to determine if the additional element(s) are more than what is well-understood, routine, and conventional in the field, which would result in the claim amounting to an inventive concept (in other words, "significantly more" than the abstract idea). Such element(s) in the claims being considered is/are listed below, each followed by the support showing that the element is well-understood, routine, and conventional in the field (see MPEP 2106.05dII for more details):
transmit data wirelessly including location of the vehicle to a remote server; receive data from the remote server including vehicle performance parameters; receive user input including selection of the two wheel vehicle performance setting from the plurality of two wheel vehicle performance settings; receive user input including selection of a two wheel vehicle performance setting from the set of two wheel vehicle performance settings; communicate with a mobile device including a user input interface; receive user input including selection of a two wheel vehicle performance setting from the set of two wheel vehicle performance settings, the one or more processors configured to receiver the user input and select the two wheel vehicle performance setting from the set of two wheel vehicle performance settings based on the user input; providing at least two of a geographical location of the vehicle, a time of day, and live traffic conditions; the vehicle transmitting data wirelessly including location of the vehicle to a remote server; the vehicle receiving data from the remote server including the time of day, the live traffic conditions, and the plurality of vehicle performance parameters; and receiving user input from the rider including selection of a vehicle performance setting from the set of vehicle performance settings - Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result‐‐a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink." (emphasis added)); and
indicate the selected two wheel vehicle performance setting from the plurality of two wheel vehicle performance settings; indicate a set of two wheel vehicle performance settings from the plurality of two wheel vehicle performance settings currently available for selection by the user based on the location of the two wheel vehicle; indicate a set of two wheel vehicle performance settings from the plurality of two wheel vehicle performance settings currently available for selection by the user based on the location of the two wheel vehicle; and indicating to a rider of the vehicle a set of vehicle performance settings from the plurality of vehicle performance settings currently available for selection by the rider based on the location of the vehicle – US20220222985 (0002 mopeds, 0020 the controller may determine whether alternate signage is required due to the performance attribute change commanded and may provide a signal to a sign element, or display element, conveying the performance attribute change. For example, if a switch to Mode 3 is commanded, and a jurisdiction requires signage indicating Mode 3 performance, such as maximum speed of the vehicle, for display on the electronic signage provided. In one embodiment, a speed indicator may be provided proximate the center of the handlebars of the electronic motorbike, and the Mode, Class, or performance attribute may be indicated as well as any necessary information to convey performance information required in a jurisdiction.)
Thus, the claims fail to recite anything sufficient to amount to significantly more than the judicial exception.
Conclusion
Based on the analysis above, Examiner determines that claims 1-7, 9-15 and 17-19 do not qualify as eligible subject matter, and the claims are rejected under 35 USC 101.
Examiner notes that claim(s) 8, 16 and 20 recite(s) additional elements that do result in the claims integrating the abstract idea into a practical application of the exception and amounting to an inventive concept (aka "significantly more"), as does subject matter found in the specification (0053 processor 14 may control the vehicle PD-V to which it is connected to perform in the corresponding ride mode). Amending the independent claim(s) to include the subject matter of claim(s) 8, 16 or 20, or the cited subject matter from 0053 of the specification, would be sufficient to overcome the rejection under 35 USC 101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 USC 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) 1, 3-7, 9, 11-15, and 17-19 is/are rejected under 35 USC 103 as being unpatentable over US20190383627 (“Nangeroni”) in view of US20230191984 (“Lampe”).
Claim 1
Nangeroni discloses a two wheel vehicle (0032 scooter) comprising:
one or more battery modules including one or more battery cells (0037 vehicle preferably includes one or more power sources. The power source preferably includes a battery, more preferably a secondary battery);
one or more processors operably connected to the one or more battery cells to control two wheel vehicle performance (0037 vehicle preferably includes one or more power sources. The power source preferably includes a battery, more preferably a secondary battery, 0080, 0134 In this example, the vehicle operation response can be enforced by the vehicle (e.g., control system, motor controller, etc.) by controlling the motor to output less power,, 0039 The system preferably includes one or more computing systems 200. The computing system(s) function to process vehicle inputs, determine vehicle operation control instructions, etc. The computing systems 200 are preferably in communication with the vehicle 100, but can additionally or alternatively be in communication with a control system 220, user devices, other vehicles, external computing systems 400, etc. The computing systems 200 are preferably mounted on the vehicle 100, but can additionally or alternatively include one or more remote computing systems 400 (e.g., network-connected servers), which are preferably operable to communicate with and/or control the vehicle (e.g., via one or more communication modules, preferably wireless communication modules), distributed between on-vehicle and external, and/or any suitable configuration.);
a Global Positioning System (GPS) configured to determine a geographical location of the two wheel vehicle (0118 Vehicle location information can be determined (e.g., sampled, calculated) based on GNSS information (and/or enhanced GNSS information, such as RTK-GPS information, GNSS information supplemented by IMU and/or other positioning information, vehicle GPS supplemented with user device GPS, etc.));
a wireless transceiver operably connected to the one or more processors to receive data from a remote server including time of day or live traffic conditions (0115 The vehicle operation parameters are preferably determined based on measurements sampled by one or more sensors 260 (e.g., sensors such as described above regarding the system, such as vehicle and/or external sensors), but can additionally or alternatively be input manually (e.g., by a vehicle user, client, etc.), retrieved from memory (e.g., on-board memory, external memory such as: cloud storage, etc.), received from an external database (e.g., weather forecast transmission, database of road conditions (e.g., potholes, poor road quality, etc.), emergency database, etc.), and/or determined based on any other suitable information source(s)., 0047 The rules can be determined based on: current vehicle operation parameters; operation context parameters (e.g., time of day, weather, etc.); target vehicle operation parameters (e.g., vehicle operation conditions associated with the current set of vehicle operation parameters, such as the current vehicle location)); and
the one or more processors configured to select a two wheel vehicle performance setting from a plurality of two wheel vehicle performance settings based on the location of the two wheel vehicle (0027 variants of the method ensure a positive vehicle user experience as the rules are applied. In particular, when applying the vehicle operation rules, user notifications are presented, informing the user before the rule goes into effect, as well as informing the user of the rule while it is in effect. Moreover, the vehicle operation rules are applied in a manner that provides a smooth transition in vehicle operation for the user, 0045 Determining vehicle operation rules S100 preferably functions to determine rules for controlling and/or limiting vehicle operation (e.g., vehicle operation rules), 0046, 0059 Additionally or alternatively, the vehicle operation rules can be applied to all rides, to a subset of rides (e.g., determined by a vehicle operator), when conditions for vehicle operation rule application are met, based on external conditions (e.g., weather, road conditions, etc.), based on time (e.g., time of day, day of the week, season, holidays, events calendar, etc.), depending on ride origin and destination, dynamically varying (e.g., vehicle operation rules depend on vehicle operation parameters), and/or any suitable time period for rule application., 0074 In one variant of the method S10, the vehicle operation rules can depend on a primary geographic region 120 that the vehicle is operated within. Having vehicle operation rules that depend on the primary geographic region 120 that the vehicle is operated in functions to associate vehicle operation parameters with a given geographic location and enables the specific vehicle operation rules to be determined in that geographic location., 0151 In this example, determining the vehicle operation parameters can include determining the vehicle location, vehicle direction of motion, vehicle route, destination, vehicle engage state, or any other suitable set of vehicle operation parameters. In this example, controlling the vehicle operation in the primary geographic region can include: presenting a notification to the user of the vehicle operation condition (e.g., on a vehicle display, on a user device, etc.), preventing the vehicle engage state from being changed (e.g., prevent the user from terminating the ride), if the user persists in modifying the vehicle engage state, presenting a notification that the user can modify the vehicle engage state but will be charged a fee (and modifying the vehicle engage state if the user accepts the fee),, 0152, 0160).
Nangeroni fails to disclose the one or more processors configured to use machine learning to predictively optimize the two wheel vehicle performance setting. However, Nangeroni does disclose the two wheel performance setting (0027, 0059). Furthermore, Lampe teaches a system of selecting a vehicle performance setting (0050), including:
the one or more processors configured to use machine learning to predictively optimize the vehicle performance setting (0050 Another way of creating the database for determining the prediction data is to constantly store current response data while the vehicle is in use or while the method is being used. The data set available for training the machine learning procedure is therefore expanded with each use of the method. Thus, the determination of the prediction data can be constantly improved; this leads to an optimized setting of the vehicle light and thus to a safer driving situation.) Examiner notes that given the teaching of Lampe, one of ordinary skill in the art would have acknowledged that the optimization of the vehicle performance setting could be applied to the two wheel vehicle in Nangeroni. Thus, the combination would have suggested to one of ordinary skill in the art wherein the one or more processors are configured to use machine learning to predictively optimize the two wheel vehicle performance setting.
Nangeroni and Lampe both disclose selecting and adjusting of vehicle performance settings. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Nangeroni to include the teaching of Lampe with a reasonable expectation of success in order to improve safety of the vehicle and passengers based on the driving situation (Lampe: 0050).
Claim 3
Nangeroni discloses wherein the wireless transceiver includes:
a wireless transmitter operably connected to the one or more processors and configured to transmit data wirelessly including location of the vehicle to a remote server (0113 depending on vehicle operation parameters (e.g., sample and/or transmit every 15 seconds while the vehicle is in motion and every 60 seconds while the vehicle is at rest; when the current vehicle operation parameters have changed from the last measured vehicle operation parameters; depend on the vehicle speed; depend on vehicle location such as: outside a geographic region, inside a geographic region, etc.; etc.), 0035 The sensors 260 function to detect vehicle parameters (e.g., vehicle operation parameters, user parameters, etc.). The sensors 260 can include one or more: location sensors (e.g., GNSS and/or other geopositioning modules); and
a wireless receiver operably connected to the one or more processors to receive data from the remote server including vehicle performance parameters, the processor configured to select the two wheel vehicle performance setting from the plurality of two wheel vehicle performance settings based on the vehicle performance parameters (0046 Determining the rules S100 can include: retrieving the rules (e.g., from the remote computing system, on-board memory, from another device), receiving the rules (e.g., from an intermediary device, such as the user device; from a vehicle operation controller; from the remote computing system; etc.), calculating the rules (e.g., extrapolating the rules, calculating the rules using an equation), looking up the rules (e.g., from a lookup table, map, regulations, etc.), learned (e.g., from historic riding sessions for the geographic area or unit, from historic riding sessions for the user or a population thereof), or otherwise determining the rules.).
Claim 4
Nangeroni discloses:
a user input interface configured to receive user input including selection of the two wheel vehicle performance setting from the plurality of two wheel vehicle performance settings (0130 Selecting vehicle operation rules to apply based on the vehicle operation parameters is preferably performed by the vehicle (e.g., at the processing system, control system, etc.), but can additionally or alternatively be selected at a remote computing system, by the user device, manually, and/or in any suitable manner. The vehicle operation rules are preferably selected in response (e.g., immediately in response) to determining and/or receiving vehicle operation rules and/or vehicle operation parameters (e.g., original vehicle operation rules and/or vehicle operation parameters, updated vehicle operation rules and/or vehicle operation parameters, etc.), but can additionally or alternatively be selected at any other suitable time.).
Claim 5
Nangeroni discloses:
a user input interface configured to indicate the selected two wheel vehicle performance setting from the plurality of two wheel vehicle performance settings (0136 Enforcing the determined vehicle operation responses preferably includes alerting the vehicle user (e.g., display, visually, aurally, haptically, etc.) to the upcoming vehicle operation response enforcement, but additionally or alternatively not alert the vehicle user, alert the vehicle user when new vehicle operation conditions (e.g., new vehicle operation conditions have been received, new vehicle operation condition have been found to apply, etc.), and/or be performed in any suitable manner., 0027 Second, variants of the method ensure a positive vehicle user experience as the rules are applied. In particular, when applying the vehicle operation rules, user notifications are presented, informing the user before the rule goes into effect, as well as informing the user of the rule while it is in effect.).
Claim 6
Nangeroni discloses:
a user input interface configured to indicate a set of two wheel vehicle performance settings from the plurality of two wheel vehicle performance settings currently available for selection by the user based on the location of the two wheel vehicle, the user input interface configured to receive user input including selection of a two wheel vehicle performance setting from the set of two wheel vehicle performance settings (0130 Selecting vehicle operation rules to apply based on the vehicle operation parameters is preferably performed by the vehicle (e.g., at the processing system, control system, etc.), but can additionally or alternatively be selected at a remote computing system, by the user device, manually, and/or in any suitable manner. The vehicle operation rules are preferably selected in response (e.g., immediately in response) to determining and/or receiving vehicle operation rules and/or vehicle operation parameters (e.g., original vehicle operation rules and/or vehicle operation parameters, updated vehicle operation rules and/or vehicle operation parameters, etc.), but can additionally or alternatively be selected at any other suitable time., 0047 The rules can be determined based on: current vehicle operation parameters; operation context parameters (e.g., time of day, weather, etc.); target vehicle operation parameters (e.g., vehicle operation conditions associated with the current set of vehicle operation parameters, such as the current vehicle location); anticipated target vehicle operation parameters (e.g., vehicle operation conditions associated with an anticipated set of vehicle operation parameters); and/or any other suitable set of variables., 0136 Enforcing the determined vehicle operation responses preferably includes alerting the vehicle user (e.g., display, visually, aurally, haptically, etc.) to the upcoming vehicle operation response enforcement, but additionally or alternatively not alert the vehicle user, alert the vehicle user when new vehicle operation conditions (e.g., new vehicle operation conditions have been received, new vehicle operation condition have been found to apply, etc.), and/or be performed in any suitable manner., 0027 Second, variants of the method ensure a positive vehicle user experience as the rules are applied. In particular, when applying the vehicle operation rules, user notifications are presented, informing the user before the rule goes into effect, as well as informing the user of the rule while it is in effect.).
Claim 7
Nangeroni discloses:
the one or more processors configured to communicate with a mobile device including a user input interface configured to indicate a set of two wheel vehicle performance settings from the plurality of two wheel vehicle performance settings currently available for selection by the user based on the location of the two wheel vehicle, the user input interface configured to receive user input including selection of a two wheel vehicle performance setting from the set of two wheel vehicle performance settings, the one or more processors configured to receiver the user input and select the two wheel vehicle performance setting from the set of two wheel vehicle performance settings based on the user input (0130 Selecting vehicle operation rules to apply based on the vehicle operation parameters is preferably performed by the vehicle (e.g., at the processing system, control system, etc.), but can additionally or alternatively be selected at a remote computing system, by the user device, manually, and/or in any suitable manner. The vehicle operation rules are preferably selected in response (e.g., immediately in response) to determining and/or receiving vehicle operation rules and/or vehicle operation parameters (e.g., original vehicle operation rules and/or vehicle operation parameters, updated vehicle operation rules and/or vehicle operation parameters, etc.), but can additionally or alternatively be selected at any other suitable time., 0047 The rules can be determined based on: current vehicle operation parameters; operation context parameters (e.g., time of day, weather, etc.); target vehicle operation parameters (e.g., vehicle operation conditions associated with the current set of vehicle operation parameters, such as the current vehicle location); anticipated target vehicle operation parameters (e.g., vehicle operation conditions associated with an anticipated set of vehicle operation parameters); and/or any other suitable set of variables., 0136 Enforcing the determined vehicle operation responses preferably includes alerting the vehicle user (e.g., display, visually, aurally, haptically, etc.) to the upcoming vehicle operation response enforcement, but additionally or alternatively not alert the vehicle user, alert the vehicle user when new vehicle operation conditions (e.g., new vehicle operation conditions have been received, new vehicle operation condition have been found to apply, etc.), and/or be performed in any suitable manner., 0027 Second, variants of the method ensure a positive vehicle user experience as the rules are applied. In particular, when applying the vehicle operation rules, user notifications are presented, informing the user before the rule goes into effect, as well as informing the user of the rule while it is in effect.)
Claim(s) 9, 11-15 and 17
Claim(s) 9, 11, 12, 13, 14, 15 and 17 recite(s) subject matter similar to that/those of claim(s) 1, 3, 4, 5, 6, 7 and 1, respectively, and is/are rejected under the same grounds.
Claim 18
Nangeroni discloses:
the vehicle transmitting data wirelessly including location of the vehicle to a remote server (0113 depending on vehicle operation parameters (e.g., sample and/or transmit every 15 seconds while the vehicle is in motion and every 60 seconds while the vehicle is at rest; when the current vehicle operation parameters have changed from the last measured vehicle operation parameters; depend on the vehicle speed; depend on vehicle location such as: outside a geographic region, inside a geographic region, etc.; etc.), 0035 The sensors 260 function to detect vehicle parameters (e.g., vehicle operation parameters, user parameters, etc.). The sensors 260 can include one or more: location sensors (e.g., GNSS and/or other geopositioning modules);
the vehicle receiving data from the remote server including the time of day, the live traffic conditions, and the plurality of vehicle performance parameters (0046 Determining the rules S100 can include: retrieving the rules (e.g., from the remote computing system, on-board memory, from another device), receiving the rules (e.g., from an intermediary device, such as the user device; from a vehicle operation controller; from the remote computing system; etc.), calculating the rules (e.g., extrapolating the rules, calculating the rules using an equation), looking up the rules (e.g., from a lookup table, map, regulations, etc.), learned (e.g., from historic riding sessions for the geographic area or unit, from historic riding sessions for the user or a population thereof), or otherwise determining the rules., 0115 The vehicle operation parameters are preferably determined based on measurements sampled by one or more sensors 260 (e.g., sensors such as described above regarding the system, such as vehicle and/or external sensors), but can additionally or alternatively be input manually (e.g., by a vehicle user, client, etc.), retrieved from memory (e.g., on-board memory, external memory such as: cloud storage, etc.), received from an external database (e.g., weather forecast transmission, database of road conditions (e.g., potholes, poor road quality, etc.), emergency database, etc.), and/or determined based on any other suitable information source(s)., 0047 The rules can be determined based on: current vehicle operation parameters; operation context parameters (e.g., time of day, weather, etc.); target vehicle operation parameters (e.g., vehicle operation conditions associated with the current set of vehicle operation parameters, such as the current vehicle location)); and
selecting the vehicle performance setting from the plurality of vehicle performance settings based on the vehicle performance parameters (0046 Determining the rules S100 can include: retrieving the rules (e.g., from the remote computing system, on-board memory, from another device), receiving the rules (e.g., from an intermediary device, such as the user device; from a vehicle operation controller; from the remote computing system; etc.), calculating the rules (e.g., extrapolating the rules, calculating the rules using an equation), looking up the rules (e.g., from a lookup table, map, regulations, etc.), learned (e.g., from historic riding sessions for the geographic area or unit, from historic riding sessions for the user or a population thereof), or otherwise determining the rules., 0130 Selecting vehicle operation rules to apply based on the vehicle operation parameters is preferably performed by the vehicle (e.g., at the processing system, control system, etc.), but can additionally or alternatively be selected at a remote computing system, by the user device, manually, and/or in any suitable manner. The vehicle operation rules are preferably selected in response (e.g., immediately in response) to determining and/or receiving vehicle operation rules and/or vehicle operation parameters (e.g., original vehicle operation rules and/or vehicle operation parameters, updated vehicle operation rules and/or vehicle operation parameters, etc.), but can additionally or alternatively be selected at any other suitable time.).
Claim(s) 19
Claim(s) 19 recite(s) subject matter similar to that/those of claim(s) 6 and is/are rejected under the same grounds.
Claim(s) 2 and 10 is/are rejected under 35 USC 103 as being unpatentable over Nangeroni in view of Lampe, in further view of 49 CFR 571: US Federal Vehicle Safety Standards (FMVSS), revision dated 31 Aug 21 (“FMVSS”).
Claim 2
Nangeroni fails to disclsoe wherein the plurality of two wheel vehicle performance settings correspond to US Federal Motor Vehicle Safety Standards (FMVSS) including type 1 or 2 e-Bicycle, moped, or motorcycle. However, Nangeroni does disclose performance settings for the two wheel vehicles corresponding with some safety standards (0070 In another example of vehicle operation rules, a set of vehicle operation conditions can include meeting a set of one or more designated safety criteria (or a subset thereof)). Furthermore, FMVSS was known to those of ordinary skill in the art before the effectively filing date of the invention, and those of ordinary skill in the art would have found it a worthwhile improvement to combine with Nangeroni wherein the plurality of two wheel vehicle performance settings correspond to US Federal Motor Vehicle Safety Standards (FMVSS) including type 1 or 2 e-Bicycle, moped, or motorcycle.
Nangeroni and FMVSS both disclose operating vehicles based on some safety criteria. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Nangeroni to include the teaching of FMVSS with a reasonable expectation of success in order to comply with safety standards as required by law.
Claim(s) 10
Claim(s) 10 recite(s) subject matter similar to that/those of claim(s) 2 and is/are rejected under the same grounds.
Claim(s) 8, 16 and 20 is/are rejected under 35 USC 103 as being unpatentable over Nangeroni in view of Lampe, in further view of US20210012770 (“Choudhary”).
Claim 8
Nangeroni fails to disclose wherein the one or more processors prevent a user from selecting a two wheel vehicle performance setting from the plurality of two wheel vehicle performance settings not currently available for selection by the user based on the location of the two wheel vehicle. However, Nangeroni does disclose the user selecting a performance setting (0136, 0027). Furthermore, Choudhary teaches a system of managing performance settings in a vehicle (0064), including:
wherein the one or more processors prevent a user from selecting a two wheel vehicle performance setting from the plurality of two wheel vehicle performance settings not currently available for selection by the user based on the location of the two wheel vehicle (0064 As another example, the user 102 may instruct the device 110, such as via inputting a user preference 278, to restrict input recognition to process only speech inputs. As another example, location data 276 may be used to determine whether to restrict one or more input modalities. For example, in response to the location data 276 indicating that the user is operating a vehicle, the temporary adjustor 290 may restrict user input modes to prevent recognition of gesture inputs and video inputs, such as to prevent user distraction and to encourage safe operation of the vehicle. In response to the location data 276 indicating that the user is no longer operating the vehicle and is in the user's home, the temporary adjustor 290 may restore user input modes to enable recognition of gesture inputs and video inputs.).
Nangeroni and Choudhary both disclose systems of a user interfacing with a vehicle to select settings for the vehicle. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Nangeroni to include the teaching of Choudhary with a reasonable expectation of success in order to prevent user distraction and to encourage safe operation of the vehicle.
Claim(s) 16 and 20
Claim(s) 16 and 20 recite(s) subject matter similar to that/those of claim(s) 8 and is/are rejected under the same grounds.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner KRISHNAN RAMESH whose telephone number is (571)272-6407. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/KRISHNAN RAMESH/
Primary Examiner, Art Unit 3663
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