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 .
Applicant filed a response dated July 1, 2026 in which claims 21, 27, 31-32, 34-35, 39, 51 have been amended, claims 1-20, 23-26, 28-30, 33, 36, and 40-47 have been canceled, and claims 52-56 have been added. Therefore, claims 21-22, 27, 31-32, 34-35, 37-39, and 48-56 are currently pending in the application.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1 .114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Because this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
Applicant's submission filed on July 1, 2026 has been entered.
Priority
Application 17/975,925 was filed on 10/28/2022 and is a CON of 16/828,249 03/24/2020, which is a CON of 16/407,236 05/09/2019, which is a CON of 14/990,073 01/07/2016 PAT 10,354,333, which claims benefit of 62/250,286 11/03/2015, and claims benefit of 62/247 ,334 10/28/2015, and claims benefit of 62/232,045 09/24/2015, and claims benefit of 62/232,054 09/24/2015, and claims benefit of 62/232,050 09/24/2015, and claims benefit of 62/232,065 09/24/2015, and claims benefit of 62/232,097 09/24/2015, and claims benefit of 62/232,083 09/24/2015, and claims benefit of 62/232,075 09/24/2015, and claims benefit of 62/232,090 09/24/2015, and claims benefit of 62/232,035 09/24/2015, and claims benefit of 62/207,561 08/20/2015, and claims benefit of 62/113,749 02/09/2015, and claims benefit of 62/105,468 01/20/2015.
Examiner Request
The Applicant is requested to indicate where in the specification there is support for amendments to claims should Applicant amend. The purpose of this is to reduce potential 35 U.S.C. § 112(a) or § 112 1st paragraph issues that can arise when claims are amended without support in the specification. The Examiner thanks the Applicant in advance.
Claim Rejections - 35 USC § 112(a)
Claims 52-55 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The original specification does not provide sufficient support for the following:
Claim 52: there is no support for “determining a first broadcast frequency when a battery level of the computing device meets or exceeds a threshold level; and determining a second broadcast frequency, lower than the first broadcast frequency, when the battery level is below the threshold level”. The closest areas of support for this concept are in [0092]-[0093]. [0092] merely states that “A suitable communication schedule may be selected as a tradeoff between a desired anomalous condition detection speed and battery usage of computing device 300, when applicable.” [0093] merely states that “Additionally or alternatively, aspects include communication unit 330 being configured to conditionally send data, which may be particularly advantageous when computing device 300 is implemented as a mobile computing device, as such conditions may help reduce power usage and prolong battery life.” However, neither paragraph specifically supports determining a first or second broadcast frequencies based upon the status of a battery level at various threshold levels.
Claim 53: there is no support for in response to receiving a vehicle telematics broadcast from another computing device indicating a detected anomalous condition, “increase a broadcast frequency of the communication schedule from an initial frequency to a higher frequency.”
The closest areas of support for this concept are in [0092]. [0092] merely states that “Communication unit 330 may be configured to broadcast data and/or to receive data in accordance with any suitable communications schedule. For example, communication unit 330 may be configured to broadcast geographic location data and/or telematics data every 15 seconds, every 30 seconds, every minute, etc. As will be further discussed below, the geographic location data and/or telematics data may be sampled in accordance with any suitable sampling period. Thus, when broadcasted by communications unit 330 in accordance with a recurring schedule, the geographic location data and/or telematics data may include a log or collection of the geographic location data and/or telematics data that was sampled since the last data transmission. A suitable communication schedule may be selected as a tradeoff between a desired anomalous condition detection speed and battery usage of computing device 300, when applicable.” However, neither paragraph specifically supports increasing a broadcast frequency . . . from an initial frequency to a higher frequency.
Claim 54: there is no support for “suppressing transmission when no new vehicle telematics data has been sampled since the previous transmission.”
The closest areas of support for this concept are in [0093]. [0093] merely states that “For example, communication unit 330 may be configured to only broadcast when telematics data has been sampled since the last transmission, which will be further discussed below with regards to sensor array 326. Controller 340 may determine whether has been sampled since the last transmission by, for example, analyzing a memory address range (e.g., in data storage 360, RAM 308, etc.) associated with the storage of the telematics data and comparing the contents of this buffer to a known range of valid values.” However, neither paragraph specifically supports suppression transmission of telematics data.
Claim 55: there is no support for “that the computing device is in motion independent of the motion of the vehicle”.
As to claim 55, the closest areas of support for this concept are in [0103] and [0109]. [0109] merely states that the senor array “may determine, based upon gyroscope sensor metrics, communication with controller 340, etc., whether computing device 300 is in use. If computing device 300 is in use (e.g., when implemented as a mobile computing device) then the movement of computing device 300 within the vehicle may not truly represent the vehicle motion, thereby causing sensor metrics sampled during this time to be erroneous.” [0103] states “To provide another example, sensor array 326 may be configured to implement one or more gyroscopes to improve the accuracy of the measured one or more sensor metrics and to determine whether the phone is in use or stationary within a vehicle.” However, neither paragraph specifically supports determining that the computing device is in motion independent of the motion of the vehicle using the gyroscope sensor, but instead it determines if the computing device is “in use” which is a distinct determination.
Double Patenting
The non-statutory 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. See 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); and 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) may be used to overcome an actual or provisional rejection based on a non-statutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.131(c). 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 non-statutory 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. 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 filing date of the application will determine what form 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 MPEP 1490(V)(A).
Claims 21-22, 27, 31-32, 34-35, 37-39, and 48-56 are rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,538,114 in view of Ling, U.S. Patent Application Publication 2013/0013347.
Claim 21 of the instant application is broader and fully encompasses the method steps of patent claim 1 of US Patent No. 11,538,114 except for the steps of:
“determining . . . that, during a period of time, the computing device is in a vehicle being driven by a user” and
“determining . . . a usage percentage representing how often an application is active on the computing device during the period of time, the usage percentage comprising at least one of a mileage percentage or a time percentage”.
Claim 39 includes the additional limitations of:
“determine, based at least in part on a combination of multi-sensor data including at least two of (i) accelerometer data indicating the computing device has assumed a substantially horizontal orientation, (ii) a short-range wireless connection status indicating the computing device has established a connection with a vehicle, or (iii) GPS-derived speed data indicating the computing device is traveling above a threshold speed, that, during a period of time, the computing device is in the vehicle being driven by a user;
Moreover, as supported by the disclosure of Ling US 2013/0013347 at paras. 221-223:
“[0065] A second receiver or transceiver in the device 300 may track location through navigation signals that may comprise a GPS (global positioning system) protocol, a differential GPS protocol, a trilateraleralism of external encoded signals (e.g., may be in the radio frequency range), protocols that monitor continuously transmitted coded signals, or other locating protocols or systems 312 (referred to as the location protocols).”
“[0187] In some devices, acceleration or deceleration data elements may be monitored directly or indirectly from one or more vehicle accelerometers or devices that may measure acceleration and/or deceleration.”
“[0222] Data may be stored or processed in relation to a trip. A trip may start when motion is detected or when the vehicle ignition is turned on (or data, such as speed data, is first detected or received and vehicle voltage exceeds a programmable threshold) and ends when motion ends or when the ignition of the vehicle is turned off (or when data, such as speed data, is not detected or no communication occurs within a programmable time period or vehicle voltage falls below a programmable threshold, or in response to an insurer's or other entities command). In alternative devices 300, one or more combinations of these conditions may identify trips (e.g., a beginning and/or end of a trip). When motion sensors are used, a physical mechanism or electronic sensor may quantify motion. The device may be integrated with or in communication with the device 300 or a vehicle. In many applications, the device 300 may provide data that allow programs to reach conclusions. If a high percentage of the recorded trips are short (e.g., below some threshold distance and/or time), then a system may conclude that the vehicle is garaged in an urban area or is used primarily for city driving. In some analyses, the speed at which the vehicle is driven during the short trips may influence (or be a factor in) such conclusions.”
Therefore, as to the utilization of multi-sensor data to provide a determination of a usage percentage representing how often the application is active, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the determination of an inactive mobile application for a determination of an active mobile application as a driver’s usage percentage, and the resulting determination means would have been predictable.
Claims 31 and 39 are substantially similar to claim 21, thus, they are rejected on the same grounds.
Application 17/975,925
Application 17/975,925
Application 17/975,925
US Patent No. 11,538,114
21. A computer-implemented method of automatically modifying an electronic document based on sensor-based detection of vehicle operation and usage of an executable telematics application, the computer-implemented method comprising:
31. A computing device for updating an auto insurance policy based on sensor-based vehicle operation detection and telematics application usage determination, the computing device comprising: a processor; and a memory having a plurality of instructions stored thereon that, when executed by the processor, causes the computing device to:
39. A non-transitory computer-readable medium storing instructions for updating an auto insurance policy based on multi-sensor vehicle operation detection and telematics application usage determination, the instructions when executed by one or more processors of a computing device, cause the computing device to:
1. A computer-implemented method of updating an auto insurance policy, the method comprising:
determining, by a computing device, based at least in part on sensor data captured by one or more sensors of the computing device, that, during a period of time, the computing device is in a vehicle being driven by a user;
based on determining that, during the period of time, the computing device is in the vehicle being driven, determining, by the computing device, a usage percentage representing how often an application is active on the computing device during the period of time, the usage percentage comprising at least one of a mileage percentage or a time percentage;
determine, based at least in part on sensor data captured by one or more sensors of the computing device, that, during a period of time, the computing device is in a vehicle being driven by a user;
determine whether an application is installed on the computing device, the application being configured to transmit data collected or generated by the one or more sensors of the computing device;
determine a usage percentage representing how often the application is active on the computing device during the period of time that the computing device is in the vehicle being driven by the user, the usage percentage comprising at least one of a mileage percentage or a time percentage;
determine, based at least in part on a combination of multi-sensor data including at least two of (i) accelerometer data indicating the computing device has assumed a substantially horizontal orientation, (ii) a short-range wireless connection status indicating the computing device has established a connection with a vehicle, or (iii) GPS-derived speed data indicating the computing device is traveling above a threshold speed, that, during a period of time, the computing device is in the vehicle being driven by a user;
determine whether an application is installed on the computing device, the application being configured to transmit data collected or generated by one or more sensors of the computing device;
determine a usage percentage representing how often the application is active on the computing device during the period of time that the computing device is in the vehicle being driven by the user, the usage percentage comprising at least one of a mileage percentage or a time percentage;
determining, by a computing device, whether an application is installed on a mobile device of a user, the application being configured to periodically broadcast, or direct the transmission of, data at least once during a predetermined time interval, the date being collected or generated by one or more sensors of the mobile device;
capturing, by the application and during the period of time, vehicle telematics data associated with the vehicle being driven by the user, the vehicle telematics data comprising at least one of: vehicle acceleration data; vehicle braking data; or vehicle cornering data;
capture, by the application and during the period of time, vehicle telematics data associated with the vehicle being driven by the user, the vehicle telematics data comprising at least one of: vehicle acceleration data; vehicle braking data; or vehicle cornering data;
capturing, by the application and during the period of time, vehicle telematics data associated with the vehicle being driven by the user;
in response to the application being installed on the mobile device, determining, by the computing device, whether the data is received from the application at least once during the predetermined time interval;
transmitting, by the application and to a server, a broadcast including (i) the vehicle telematics data associated with the vehicle, and (ii) the usage percentage indicating how often the application is active on the computing device during the period of time; and
transmit, by the application and to a server, a broadcast including (i) the vehicle telematics data associated with the vehicle, and (ii) the usage percentage indicating how often the application is active on the computing device during the period of time; and
transmitting, by the application and to a server, a broadcast including (i) the vehicle telematics data associated with the vehicle, and (ii) the usage percentage indicating how often the application is active on the computing device during the period of time; and
in response to the data being not received at least once during the predetermined time interval, determining, by the computing device, that the application is inactive on the mobile device of the user; and
updating a term in an electronic document based at least in part on the vehicle telematics data and the usage percentage representing how often the application is active on the computing device during the period of time.
update a term in an electronic document based at least in part on the usage percentage representing how often the application is active on the computing device during the period of time.
update a term in an electronic document based at least in part on the usage percentage representing how often the application is active on the computing device during the period of time.
updating or adjusting, by the computing device and in response to determining that the application is inactive, an amount of insurance discount.
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 21-22, 27, 31-32, 34-35, 37-39, and 48-56 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. (MPEP 2106). The claims are directed to a method, system, and apparatus which is one of the statutory categories of invention (Step 1: YES). The recitation of the claimed invention is analyzed as follows, in which the abstract elements are boldfaced.
Claim 21 recites the limitations of:
A computer-implemented method of automatically modifying an electronic document based on sensor-based detection of vehicle operation and usage of an executable telematics application, the computer-implemented method comprising:
determining, by a computing device, based at least in part on sensor data captured by one or more sensors of the computing device, that, during a period of time, the computing device is in a vehicle being driven by a user;
based on determining that, during the period of time, the computing device is in the vehicle being driven, determining, by the computing device, a usage percentage representing how often an application is active on the computing device during the period of time, the usage percentage comprising at least one of a mileage percentage or a time percentage;
capturing, by the application and during the period of time, vehicle telematics data associated with the vehicle being driven by the user, the vehicle telematics data comprising at least one of: vehicle acceleration data; vehicle braking data; or vehicle cornering data;
transmitting, by the application and to a server, a broadcast including (i) the vehicle telematics data associated with the vehicle, and (ii) the usage percentage indicating how often the application is active on the computing device during the period of time; and
updating a term in an electronic document based at least in part on the vehicle telematics data and the usage percentage representing how often the application is active on the computing device during the period of time.
Claim 31 recites the limitations of:
A computing device for updating an auto insurance policy based on sensor-based vehicle operation detection and telematics application usage determination, the computing device comprising: a processor; and a memory having a plurality of instructions stored thereon that, when executed by the processor, causes the computing device to:
determine, based at least in part on sensor data captured by one or more sensors of the computing device, that, during a period of time, the computing device is in a vehicle being driven by a user;
determine whether an application is installed on the computing device, the application being configured to transmit data collected or generated by the one or more sensors of the computing device;
determine a usage percentage representing how often the application is active on the computing device during the period of time that the computing device is in the vehicle being driven by the user, the usage percentage comprising at least one of a mileage percentage or a time percentage;
capture, by the application and during the period of time, vehicle telematics data associated with the vehicle being driven by the user, the vehicle telematics data comprising at least one of: vehicle acceleration data; vehicle braking data; or vehicle cornering data;
transmit, by the application and to a server, a broadcast including (i) the vehicle telematics data associated with the vehicle, and (ii) the usage percentage indicating how often the application is active on the computing device during the period of time; and
update a term in an electronic document based at least in part on the usage percentage representing how often the application is active on the computing device during the period of time.
Claim 39 recites the limitations of:
A non-transitory computer-readable medium storing instructions for updating an auto insurance policy based on multi-sensor vehicle operation detection and telematics application usage determination, the instructions when executed by one or more processors of a computing device, cause the computing device to:
determine, based at least in part on a combination of multi-sensor data including at least two of (i) accelerometer data indicating the computing device has assumed a substantially horizontal orientation, (ii) a short-range wireless connection status indicating the computing device has established a connection with a vehicle, or (iii) GPS-derived speed data indicating the computing device is traveling above a threshold speed, that, during a period of time, the computing device is in the vehicle being driven by a user;
determine whether an application is installed on the computing device, the application being configured to transmit data collected or generated by one or more sensors of the computing device;
determine a usage percentage representing how often the application is active on the computing device during the period of time that the computing device is in the vehicle being driven by the user, the usage percentage comprising at least one of a mileage percentage or a time percentage;
capturing, by the application and during the period of time, vehicle telematics data associated with the vehicle being driven by the user;
transmitting, by the application and to a server, a broadcast including (i) the vehicle telematics data associated with the vehicle, and (ii) the usage percentage indicating how often the application is active on the computing device during the period of time; and
update a term in an electronic document based at least in part on the usage percentage representing how often the application is active on the computing device during the period of time.
The claim as a whole recites a method that, under its broadest reasonable interpretation, covers collecting, analyzing, and transmitting data to facilitate updating a document, such as an insurance policy premium or discount. This is a fundamental economic practice of a financial transaction; a commercial interaction, such as for business relations; and managing personal behavior or relationships or interactions between people, which are certain methods of organizing human activity.
Furthermore, the claims cover the use of a computing device for collecting, analyzing, and transmitting data to facilitate updating a document, such as an insurance policy premium or discount. As the steps could be performed by a human without a computer, the claim limitations fall within the mental processes grouping, and the claim recites an abstract idea.
Thus, the claims recite an abstract idea. (Step 2A, prong 1: YES).
Moreover, the judicial exception is not integrated into a practical application. Other than reciting a “A computer-implemented method of automatically modifying an electronic document based on sensor-based detection of vehicle operation and usage of an executable telematics application, the computer-implemented method comprising:”, “a computing device”, “one or more sensors of the computing device “, “a server”, “a broadcast”, “A computing device for updating an auto insurance policy based on sensor-based vehicle operation detection and telematics application usage determination, the computing device comprising: a processor; and a memory having a plurality of instructions stored thereon that, when executed by the processor, causes the computing device to:”, and “A non-transitory computer-readable medium storing instructions for updating an auto insurance policy based on multi-sensor vehicle operation detection and telematics application usage determination, the instructions when executed by one or more processors of a computing device, cause the computing device to:”, to perform the steps of “determining”, and “updating”, nothing in the claim elements preclude the steps from practically being a certain method for organizing human activity. The claim as a whole does not integrate the exception into a practical application. The claim merely describes how to generally “apply” the concept of collecting, analyzing, and transmitting data to facilitate updating an insurance policy premium or discount in a computer environment. The additional computer elements recited in the claim limitations are recited at a high-level of generality such that it amounts to no more than mere instructions to apply the exception utilizing generic computer components.
For example, the Specification at [0080] discloses “The following details regarding the determination of an anomalous condition are explained in this section with reference to computing device 300, which may be a mobile computing device or "mobile device"(e.g., smart phone, laptop, tablet, phablet, smart watch, wearable electronics, etc.). In the present aspect, computing device 300 may be implemented as any suitable computing device, such as a mobile computing device (e.g., mobile computing device 100, as shown in Figure 1). In another aspect, computing device 300 may be implemented as an on-board vehicle computer (e.g., on-board vehicle computer 114, as shown in Figure 1). In still other aspects, computing device 300 may be implemented as a device external to a vehicle (e.g., remote computing device 206 or smart infrastructure component 208, as shown in Figure 2).”
Thus, the specification supports that general purpose computers or computer components are utilized to implement the steps of the abstract idea.
Merely implementing the abstract idea on a generic computer is not a practical application of the abstract idea. The claim as a whole, in viewing the additional elements both individually and in combination, does not integrate the judicial exception into a practical application. Furthermore, capturing of vehicle telematics data associated with the vehicle being driven by the user is mere insignificant solution activity. Specifically, the limitation amounts to necessary data gathering. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. (Step 2A prong two: No)
The claim does not include additional elements, when considered both individually and as an ordered combination, that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using “A computer-implemented method of automatically modifying an electronic document based on sensor-based detection of vehicle operation and usage of an executable telematics application, the computer-implemented method comprising:”, “a computing device”, “one or more sensors of the computing device “, “a server”, “a broadcast”, “A computing device for updating an auto insurance policy based on sensor-based vehicle operation detection and telematics application usage determination, the computing device comprising: a processor; and a memory having a plurality of instructions stored thereon that, when executed by the processor, causes the computing device to:”, and “A non-transitory computer-readable medium storing instructions for updating an auto insurance policy based on multi-sensor vehicle operation detection and telematics application usage determination, the instructions when executed by one or more processors of a computing device, cause the computing device to:”, to perform the steps of “determining”, and “updating”, amounts to no more than mere instructions to apply the exception using generic computer component. The claim merely describes how to generally “apply” the concept of collecting, analyzing, and transmitting data to facilitate updating a document, such as an insurance policy premium or discount in a computer environment. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. Such additional elements are determined to not contain an inventive concept according to MPEP 2106.05(f). It should be noted that (1) the “recitation of claim limitations that attempt to cover any solution to an identified problem with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result, does not provide significantly more because this type of recitation is equivalent to the words “apply it”, and (2) “Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice, commercial interaction, or managing personal behavior or relationships or interactions between people, mental process, or mathematical calculation) does not integrate a judicial exception into a practical application or provide significantly more”. See MPEP 2106.05(g).
Dependent claims 22, 27, 32, 34-35, 37-38, and 48-56 merely limit the abstract idea and do not recite any further additional elements beyond the cited abstract idea and the elements addressed above, thus, they do not amount to significantly more. The dependent claims are abstract for the reasons presented above because there are no additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Thus, the dependent claims are directed to an abstract idea. (Step 2B: No)
Therefore, claims 21-22, 27, 31-32, 34-35, 37-39, and 48-56 are not patent-eligible.
Response to Arguments
Applicant’s arguments filed on July 1, 2026 have been fully considered but are not persuasive for the following reasons:
As to the Double Patenting rejection for now pending claims 21-22, 27, 31-32, 34-35, 37-39, and 48-56, Examiner notes that the arguments are moot in light of the new grounds for rejection.
With respect to Applicant’s arguments as to the § 101 rejections for now pending claims 21-22, 27, 31-32, 34-35, 37-39, and 48-56, Examiner notes the following:
Applicant argues that the claims are not directed to an abstract idea.
Examiner disagrees and notes that claim as a whole recites a method that, under its broadest reasonable interpretation, covers collecting, analyzing, and transmitting data to facilitate updating a document, such as an insurance policy premium or discount. This is a fundamental economic practice of a financial transaction; a commercial interaction, such as for business relations; and managing personal behavior or relationships or interactions between people, which are certain methods of organizing human activity.
Furthermore, the claims cover the use of a computing device for collecting, analyzing, and transmitting data to facilitate updating a document, such as an insurance policy premium or discount. As the steps could be performed by a human without a computer, the claim limitations fall within the mental processes grouping, and the claim recites an abstract idea.
Thus, the claims recite an abstract idea.
Regarding the applicant's argument that the amended features would integrate the abstract idea into a practical application, the examiner respectfully disagrees.
Examiner disagrees notes that the additional elements of the computer system - a “A computer-implemented method of automatically modifying an electronic document based on sensor-based detection of vehicle operation and usage of an executable telematics application, the computer-implemented method comprising:”, “a computing device”, “one or more sensors of the computing device “, “a server”, “a broadcast”, “A computing device for updating an auto insurance policy based on sensor-based vehicle operation detection and telematics application usage determination, the computing device comprising: a processor; and a memory having a plurality of instructions stored thereon that, when executed by the processor, causes the computing device to:”, and “A non-transitory computer-readable medium storing instructions for updating an auto insurance policy based on multi-sensor vehicle operation detection and telematics application usage determination, the instructions when executed by one or more processors of a computing device, cause the computing device to:”, to perform the steps of “determining”, and “updating”, in all steps is recited at a high-level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer component. The claims at issue covers collecting, analyzing, and transmitting data to facilitate updating a document, such as an insurance policy premium or discount. The claims invoke the “A computer-implemented method of automatically modifying an electronic document based on sensor-based detection of vehicle operation and usage of an executable telematics application, the computer-implemented method comprising:”, “a computing device”, “one or more sensors of the computing device “, “a server”, “a broadcast”, “A computing device for updating an auto insurance policy based on sensor-based vehicle operation detection and telematics application usage determination, the computing device comprising: a processor; and a memory having a plurality of instructions stored thereon that, when executed by the processor, causes the computing device to:”, and “A non-transitory computer-readable medium storing instructions for updating an auto insurance policy based on multi-sensor vehicle operation detection and telematics application usage determination, the instructions when executed by one or more processors of a computing device, cause the computing device to:”, to perform the steps of “determining”, and “updating” merely as tools to execute the abstract idea. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a certain method of organizing human activity or mental process or mathematical calculation) does not integrate a judicial exception into a practical application. (MPEP 2106.05 (f))
Additionally, Examiner notes that, the stated problems of inefficient communication of data is not a technical problem, and the claimed solution is not a technical solution. In the claim, the solution of adjusting how often various data is transmitted and analyzing data according to predefined rules is part of the abstract idea, as it is merely involves collecting, analyzing, and transmitting data to facilitate updating a document, such as an insurance policy premium or discount. Furthermore, the data communication and analysis could be completed mentally or manually by paper or pen.
Finally, the Applicant argues that the claims are directed to significantly more than the abstract idea.
Examiner disagrees, however, and notes that, as explained above in the instant rejection under 35 U.S.C. § 101, that the various specific, discrete steps carried out by the computer system are a routine, well-understood, and conventional function of a generic computer and, thus, are not sufficient to add significantly more. Per the specification, the recited computer elements are described only at a high level of generality, (see Spec. at para. [0080]). In view of the specification, the application of the computer elements is merely being applied to the abstract idea.
The other limitations which are simply supporting the abstract idea correspond to insignificant extra-solution activity which do not transform the abstract idea into a patent eligible subject matter. Also, the functionality here is already present in the recited hardware, which is merely routine and conventional. Collecting, analyzing, and transmitting data is routine and conventional. There is no technological problem or solution identified. This is merely a business solution to transfer data between devices. (MPEP 2106.05 (f))
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is available for review on Form PTO-892 Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERRITT J HASBROUCK whose telephone number is (571)272-3109. The examiner can normally be reached M-F 9:00-5:00.
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/MERRITT J HASBROUCK/Examiner, Art Unit 3695
/CHRISTINE M Tran/Supervisory Patent Examiner, Art Unit 3695
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