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 .
This Office Action is responsive to communication filed on 12/16/2025.
Claims 1 – 20 have been cancelled. Claims 21 - 40 are currently pending.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 21 - 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 12,450,265 B1, unpatentable over claims 1 - 17 of U.S. Patent No. 11,829,392 B2, unpatentable over claims 1 - 17 of U.S. Patent No. 11,263,246 and unpatentable over claims 1 - 20 of U.S. Patent No. 10,394,859. Although the claims at issue are not identical, they are not patentably distinct from each other because subject matters claimed in the instant claims can also be found in other patents.
In claim 21 of instant application, Applicant claims a method for processing geospatial data, the method comprising: accessing the geospatial data associated with temporal information and geospatial information; generating a plurality of first multi-dimensional tiles corresponding to a temporal dimension associated with a first temporal width; generating a plurality of second multi-dimensional tiles based at least in part on the plurality of first multi-dimensional tiles, the one or more second multi-dimensional tiles corresponding to the temporal dimension associated with a second temporal width, the second temporal width being different from the first temporal width; and storing the plurality of second multi-dimensional tiles in a data repository; wherein the method is performed by one or more processors.
Applicant claims a system for processing time-related geospatial data from one or more data sources, the system comprising: an application server; and wherein the application server is configured to: receive data including temporal information and geospatial information for each data object of one or more data objects; send the data to a client device to display the data on a map; receive a request from the client device, the request including an indicated temporal width; generate a plurality of multi-dimensional tiles based at least in part on the temporal information and the geospatial information, the plurality of multi-dimensional tiles corresponding to a temporal dimension associated with at least one temporal width; select a tile from the plurality of multi-dimensional tiles, the selected tile being associated with a selected temporal width, wherein the selected temporal width is equal to the indicated temporal width; and provide the plurality of multi-dimensional tiles to the client device.
Similar limitations can also be found in claim 1 of ‘265, ‘392, ‘246 and claim 1 of ‘859.
Certain limitations found in claim 1 of ‘265, ‘392, ‘246 and ‘589 but not in claim 1 of instant application such as “the second temporal width being different from the first temporal width”, “send the data to a client device to display the data on a map … the first temporal width being related to a first temporal zoom level; and send the plurality of first multi-dimensional tiles to store in the storage for retrieval by the client device”.
It would have been obvious to one with ordinary skill in the art before the effective filling date of the claim invention to broaden the claims at no additional cost in development.
The following are table comparisons of claim 21 with other Patents.
Instant Application ‘265 (claim 15) ‘392 ‘246 ‘859
A method for processing geospatial data, the method comprising:
A method for displaying time-related geospatial data from one or
more data sources, the method comprising:
A method for displaying time-related geospatial data from
one or more data sources, the method comprising:
A method for displaying time-related geospatial data from
one or more data sources, the method comprising:
A method for displaying time-related geospatial data from
one or more data sources, the method comprising:
accessing the geospatial data associated with temporal information and geospatial
information;
receiving data including temporal information and geospatial information for each data
object of one or more data objects;
receiving data including temporal information and geospatial information for each data
object of one or more data objects;
receiving data including temporal information and geospatial information for each data
object of one or more data objects;
receiving data including temporal information and geospatial information for each data
object of one or more data objects;
generating a plurality of first multi-dimensional tiles corresponding to a temporal
dimension associated with a first temporal width;
requesting a plurality of multi-dimensional tiles corresponding to a temporal dimension
associated with a first temporal width and a second temporal width different from the first
temporal width, the plurality of multi-dimensional tiles being generated based at least in part on
the temporal information and the geospatial information;
requesting a plurality of first multi-dimensional tiles corresponding to a temporal
dimension associated with a first temporal width, the first temporal width being related to a first
temporal zoom level, the plurality of first multi-dimensional tiles being generated based at least
in part on the temporal information and the geospatial information; and
requesting a plurality of first multi-dimensional tiles corresponding to a temporal
dimension associated with a first temporal width, the first temporal width being related to a first
temporal zoom level, the plurality of first multi-dimensional tiles being generated based at least
in part on the temporal information and the geospatial information and stored in a storage; receiving the plurality of first multi-dimensional tiles;
requesting one or more first multi-dimensional tiles corresponding to a temporal
dimension associated with a first temporal width, the one or more first multi-dimensional tiles
being generated based at least in part on the temporal information and the geospatial information
and stored in a storage;
receiving the one or more first multi-dimensional tiles;
generating a plurality of second multi-dimensional tiles based at least in part on the
plurality of first multi-dimensional tiles, the one or more second multi-dimensional tiles
corresponding to the temporal dimension associated with a second temporal width, the
second temporal width being different from the first temporal width; and
receiving a tile selected from the plurality of multi-dimensional tiles, the selected tile
being associated with a selected temporal width, wherein the selected temporal width is equal to
the indicated temporal width, and the selected temporal width is equal to one of the first temporal
width or the second temporal width; and
requesting one or more second multi-dimensional tiles corresponding to the temporal
dimension associated with a second temporal width, the one or more second multi-dimensional
tiles being generated based at least in part on the one or more first multi-dimensional tiles and wherein the first temporal width is different from the second temporal width;
requesting one or more second multi-dimensional tiles corresponding to the temporal
dimension associated with a second temporal width, the one or more second multi-dimensional
tiles being generated based at least in part on the one or more first multi-dimensional tiles and
stored in the storage;
wherein the first temporal width is smaller than the second temporal width.
requesting one or more second multi-dimensional tiles corresponding to the temporal
dimension associated with a second temporal width, the one or more second multi-dimensional
tiles being generated based at least in part on the one or more first multi-dimensional tiles and
stored in the storage;
wherein the first temporal width is smaller than the second temporal width;
storing the plurality of second multi-dimensional tiles in a data repository;
wherein the method is performed by one or more processors.
wherein the method is performed using one or more processors.
wherein the method is performed using one or more processors;
wherein the method is performed using one or more processors.
presenting the selected tile as a map;
generate one or more second multi-dimensional tiles based at least in part on the
plurality of first multi-dimensional tiles, the one or more second multi-dimensional tiles
corresponding to the temporal dimension associated with a second temporal width, the
second temporal width being different from the first temporal width;
wherein:
the plurality of first multi-dimensional tiles include first data represented by a first
number of data points; and
one second multi-dimensional tile of the one or more second multi-dimensional
tiles includes second data represented by a second number of data points;
wherein:
the plurality of first multi-dimensional tiles include first data represented by a first
number of data points; and
one second multi-dimensional tile of the one or more second multi-dimensional
tiles includes second data represented by a second number of data points;
the first data is converted to the second data using a simplification algorithm.
wherein the application server is further configured to use a simplification
algorithm to convert the first data to the second data.
displaying the data on a map;
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 21 - 40 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 21 - 40 are directed to a "method and system, and a non-transitory computer readable storage medium…", and therefore, directed to a statutory category.
Step 2A, Prong One:
The independent claims 21, 31, 40 include the following limitations that directed to an abstract idea:
“generating a plurality of first multi-dimensional tiles corresponding to a temporal dimension associated with a first temporal width”, as drafted, recites a mentally process as an evaluation or judgement. Organizing, or slicing data into "tiles," segments, or multi-dimensional blocks based on parameters like time or width is a foundational mental process. This is also consistent with the specification as in Para. 0008, 0031 - 0032 of the Disclosure, where one can mentally generate “multi-dimensional tiles … based at least in part on the temporal information and the geospatial information”.
“generating a plurality of second multi-dimensional tiles based at least in part on the plurality of first multi-dimensional tiles, the one or more second multi-dimensional tiles corresponding to the temporal dimension associated with a second temporal width, the second temporal width being different from the first temporal width”, as drafted, recites a mentally process as an evaluation or judgement. Organizing, or slicing data into "tiles," segments, or multi-dimensional blocks based on parameters like time or width is a foundational mental process. Regrouping or transforming them into second interval (second temporal width) from the obtained data are considered abstract "data manipulation" concepts under patent jurisprudence. This is also consistent with the specification as in Para. 0052 of the Disclosure, where one can mentally generate a second tile from the first tile by adjust/zoom the time interval (first tile corresponds to 1 week width, second tile corresponds to 1 day width by zoom in time from first tile).
Step 2A, Prong Two:
Additional limitations include:
“accessing the geospatial data associated with temporal information and geospatial information”, is insignificant extra-solution activity as retrieval/receiving of data (i.e. mere data gathering) such as “accessing the geospatial data” as identified in MPEP 2106.05(g) and does not provide integration into a practical application.
“storing the plurality of second multi-dimensional tiles in a data repository” The claim as a whole merely describes how to generally “apply” the concept of storing and generate different tiles in a computer environment. The claimed computer components are recited at a high level of generality and are merely invoked as tools to perform an existing generating process. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea.
“wherein the method is performed by one or more processors” is a high-level recitation of a generic computer components and represents mere instructions to apply on a computer as in MPEP 2106.05(f), which does not provide integration into a practical application.
Viewing the additional limitations together and the claim as a whole, nothing provides integration into a practical application.
Step 2B
The claims do not include additional elements that are sufficient to amount to
significantly more than the judicial exception.
In this case, the step of “accessing… storing…” are identified as insignificant extra-solution activity above when re-evaluated these elements are well-understood, routine, and conventional as evidenced by the court cases in MPEP 2106.05(d)(II),' "i. 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); "computer-implemented", and performed by "one or more processors", a system includes memory storing instruction coupled to a processor, are considered insignificant extra- solution activity, and do not take the claim limitations out of the mental processes grouping. See MPEP - 2106.05(g) ("whether the limitation is significant").
Accordingly, the additional limitations are not providing significantly more than the
judicial exception. Looking at the claim as a whole does not change this conclusion and
therefore, the claim is ineligible.
The dependent claims 22, 32 includes “generating one or more third multi-dimensional … storing the plurality of third multi-dimensional tiles in the data repository”, as drafted, recites a mentally process as an evaluation or judgement. Organizing, or slicing data into "tiles," segments, or multi-dimensional blocks based on parameters like time or width is a foundational mental process. Regrouping or transforming them into second interval (second temporal width) from the obtained data are considered abstract "data manipulation" concepts under patent jurisprudence.
The dependent claims 23 – 24, 33 - 34 includes “wherein one multi-dimensional tile of the plurality of first multi-dimensional tiles includes first data represented by a first number of data points; wherein one second multi-dimensional tile of the one or more second multi- dimensional tiles includes second data represented by a second number of data points; wherein the method further comprises using a simplification algorithm to convert the first data to the second data”, “wherein the first number of data points of the first data are distributed based on a first data rate, and the second number of data points of the second data are distributed based on a second data rate different from the first data rate”, as drafted this recites a mentally performable process. The recitations of organizing data points into multi-dimensional tiles, converting data via a "simplification algorithm," and varying distribution data rates resemble data processing, mathematical algorithms, and mental processes. Standing alone, manipulating and reducing data points from one rate to another is an abstract mathematical concept. Reducing data point counts is a standard mathematical and statistical function. The term "simplification algorithm" is functional and broad, covering any software method that reduces data size.
The dependent claims 25 – 28, 35 – 38, includes “receiving a request …selecting a plurality of selected multi-dimensional tiles … and transmitting at least one of the plurality of selected multi-dimensional tiles”, “… includes transmitting at least one of the plurality of selected multi-dimensional tiles …”, “cause to generate a map…”, as drafted this recites a mentally performable process. Selecting multi-dimensional tiles based on a temporal width is a form of mental process of organizing and filtering information. Receiving requests, making selections, transmitting data via a client-device interface, generate a map are routine, conventional functions of computers and networks. (See Electric Power Group v. Alstom case law).
The dependent claims 29, 39 includes “at least one first multi-dimensional tile of the plurality of first multi-dimensional tiles is a three-dimensional tile; the one or more three-dimensional tile is associated with the temporal dimension, a first spatial dimension, and a second spatial dimension; the first spatial dimension is related to a first spatial zoom level; the second spatial dimension is related to a second spatial zoom level; and the first spatial dimension and the second spatial dimension are different”, as drafted, recites a mentally process as an evaluation or judgement. Organizing information at different scales and times. Because a human could theoretically perform this task using a pen, paper, and a reference ledger, it is legally treated as a "mental process" automated by a machine.
The dependent claims 30 includes “wherein a dimension of a plurality of dimensions corresponding to the plurality of first multi-dimensional tiles is a non-temporal dimension; wherein the dimension is a non-spatial dimension” as drafted, recites a mentally process as an evaluation or judgement. The claim describes a dimension that is neither temporal (time) nor spatial (physical space), meaning it is informational type, and is insignificant extra solution.
Claims 31 - 40, Applicant claims the abstract idea on a system with processors and instructions to carry-out the method as in claim 21, without adding further limitations that amount to more than generally linking the use of the exception to a particular technological environment. Generic computer components recited as performing generic computer functions that are well-understood, routine and conventional activities amount to no more than implementing the abstract idea with a computerized system. The use of generic computer components to "accessing …generating … storing" do not impose any meaningful limit on the computer implementation of the abstract idea. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea).
Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation. The claims are not patent eligible.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAM LINH T NGUYEN whose telephone number is (571)272-4024. The examiner can normally be reached M-F: 7:00 - 3:00 pm.
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/CAM LINH T NGUYEN/Primary Examiner, Art Unit 2161
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