DETAILED ACTION
Status of Application
This action is a Final Rejection. This action is in response to the request for continued examination filed on February 17, 2026.
Claims 1 has been amended.
Claims 2, 3, 12, and 14-17 have been canceled.
Claims 1, 4-11, and 13 are pending and rejected.
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.
Response to Arguments
Regarding the rejections under 35 U.S.C. 112(a) and (b), the rejections are withdrawn in light of Applicant’s amendments and remarks.
Regarding the rejection under 35 U.S.C. 101, Applicant discusses the claimed standardization layer and asserts that “the appropriate parameterization is technically complex.” Remarks at 21. Applicant further asserts that “[t]he specific layer structure presented here has the technical effect of being able to be connected to a standardization layer and inherently possessing this standardization function, in particular via the modular capacities of the various layers. Trivial standardization via the familiar filtering of data into structured data (see O) is not possible in this case without a deep understanding of the technical requirements for layer structures, as discussed in detail in the description (see [0002-0005]).” Id. at 22. However, Applicant is not describing anything more than applying a computing device to implement an abstract idea.
Applicant further asserts that “the technical task of the invention is to provide a digital platform that enables a digitally enabled, data-driven and standardized link between industries, in particular machine technologies and risk transfer technology.” Remarks at 22. However, the technology is being used as a tool to implement the business process. There is no claimed improvement to the technology itself. Instead, existing technology is being used to perform the abstract idea.
Applicant further argues that “[i]t was previously submitted that the digital platform of the claims automates two types of transactions based on actual measurement of the parameters of the physical events through the measuring devices or sensors that may impact the event-exposed units: (i) assignment of premium parameters and (ii) the automatic transfer (payment) of a damage coverage when one of the physical events (such as damage or loss) actually occurs.” Remarks at 22. Applicant is describing the use of a machine to implement a business process, i.e., abstract idea.
Applicant further points to new language in claim 1 and asserts that “amended Claim 1 makes it even more clear that an automated platform is achieved that is capable of linking real-world ecosystems (industrial ecosystems and risk transfer technology) that are technically difficult to capture by means of an automatically generated digital link based on real-world measurement data, i.e., the operation of the technical system based on a link to physical reality.” Remarks at 23. Applicant argues that “this link to the automated platform and thus assigned premiums can be generated and damage coverage can be paid automatically and efficiently based on physically measured events.” Id. However, automating a business process using programmed general purpose computing devices does not integrate an abstract idea into a practical application.
Applicant additionally refers to Desjardins. Remarks at 23. The claims were examined and rejected according to MPEP 2106 and in light of the facts of the instant application.
Applicant further argues that “the present claims as a whole provide an improvement to this technological environment and also integrate any interpreted judicial exception into a clear practical application.” Remarks at 24. However, Applicant has not shown that there is a disclosed technological improvement that is reflected in the claims.
As such, the rejection is maintained.
Claim Objections
Claim 1 is objected to for the following reason: Claim 1 recites “at least one processor configured to implement a processor-driven, event-driven platform, the digital platform being configured to link, as a standardized digital channel, the event-exposed units and the risk transfer systems by the risk transfers.” There is a lack of antecedent basis for “the digital platform.” It appears that “the digital platform” is meant to refer to the “processor-driven, event-driven platform.” However, the claim should be clarified. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. § 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 4-11, and 13 are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Does the Claim Fall within a Statutory Category? (see MPEP 2106.03)
Yes, with respect to claims 1, 4-11, and 13, which recite a system that comprises at least one processor, and therefore are directed to the statutory category of machine.
Step 2A, Prong One: Is a Judicial Exception Recited? (see MPEP 2106.04(a))
The following claims identify the limitations that recite additional elements in bold and the abstract idea without bold:
1. A digital, processor driven system for scalable, standarised provision, implementation, and management of risk coverage covering effects on event-exposed units caused by defined, future occurring, physical events as a risk source, wherein the occurring physical events include maritime cargo risk events or aviation-based risk events or logistics-related risk events, and where a probability of a future occurrence of one of the defined physical events comprises heterogenous risk segments of a risk portfolio, each risk segment comprises a generated and assigned risk score for and adaption of the risk coverage to the risk segment, the system comprising:
at least one processor configured to implement a processor-driven, event-driven platform, the digital platform being configured to link, as a standardized digital channel, the event-exposed units and the risk transfer systems by the risk transfers,
the digital platform being configured to provide the risk coverage with user-specifically assigned risk transfer parameters and assigned premium parameters for the heterogenous risk segments to store risk transfer portfolio data comprising the risk coverages with the assigned risk transfer parameters and the assigned premium parameters assigned to a portfolio in a persistent memory, wherein premiums are transferred to the system based for carrying out the risk coverages,
the risk transfer portfolio data of each of the risk coverages including at least one link between a risk source, a measured risk exposure measure, and an event-exposed unit, the risk exposure measure being based on a forecasted probability of occurrence with an event strength for a defined future time window as a function of time,
a scenario-based prediction engine configured to automatically predict risk-exposure measurement parameters based on event parameter values of measured time-dependent series of events of physical events, the occurrence of the physical events being measured based on predefined threshold values of the event parameters, and the effects of physical events on a defined event-exposed units being measured based on risk-exposure measurement parameters associated with the defined event-exposed units,
measuring sensors connected to the event-exposed units measuring the event parameter values of the physical events, and transmitting the measured event parameter values to a digital platform layer structure of the digital platform via a data transmission network and network interface,
for measuring the event parameter values, a machine-based exposure data intelligence of the scenario-based prediction engine configured to automatically identify risks associated with the event-exposed units based on at least a location of the asset event-exposed units,
wherein
the digital platform layer structure is realized based on a triple layer structure including a product layer for automated configuration and generation of risk transfer with product- specific capacities, an administration layer for management and assignment of company-specific capacities, and an infrastructure layer for providing digital platform functionalities, and
wherein the company-specific capacities include process and system functionalities, the process and system functionalities of the company-specific capacities including defined input parameters and defined output parameters, and wherein the digital platform includes a standardization layer configured to transfer external data sets in standard data structures of the digital platform via the standardization layer, providing re-usability of the company-specific capacities via the standard data structures, and
in case of measuring the occurrence of one of the defined physical events and assigning of an effect of the physical event to the one of the event-exposed units of the risk transfer portfolio data, the digital platform configured
(i) to record, in a standardized manner, damage parameters, and
(ii) to automatically trigger and transfer, to the event-exposed unit, a damage coverage for the effects by the occurring measured physical event.
4. The system according to claim 1, wherein the risk transfer is at least automatically generated and/or configured based on rate tables via the product layer.
5. The system according to claim 1, wherein the risk transfer is dynamically generated and/or configured via the product layer.
6. The system according to claim 1, wherein the product-specific capacities are generated product-specifically via the product layer.
7. The system according to claim 6, wherein the product-specific capacities include at least product-specific process functionalities and/or product-specific system functionalities.
8. The system according to claim 1, wherein the company-specific capacities are generated company-specifically via the administration layer.
9. The system according to claim 8, wherein the company-specific capacities include at least company-specific process functionalities and/or company-specific system functionalities.
10. The system according to claim 1, wherein the administration layer includes at least one policy module and/or a claims administration module and/or an operational reporting module and/or an event manager module and/or a placing platform.
11. The system according to claim 1, wherein the digital platform functionalities include digital security functions and/or digital monitoring functions.
13. The system according to claim 1, wherein the digital platform includes a jointly accessible API integration layer for company-specific backend applications.
Yes. But for the recited additional elements as shown above in bold, the remaining limitations of the claims recite certain methods of organizing human activity. The claim limitations identified as abstract idea are directed to transferring risk. This type of method of organizing human activity is a fundamental economic practice such as insurance and mitigating risk and it is a commercial or legal interaction such as a legal obligation, sales activity or behavior, or business relations. Thus, the claims recite an abstract idea.
Step 2A, Prong Two: Is the Abstract Idea Integrated into a Practical Application? (see MPEP 2106.04(d))
No. The claims as a whole merely use a computer as a tool to perform the abstract idea. The technology related components (i.e., additional elements that are in bold above) are recited at a high level of generality and are merely invoked as tools to perform the abstract idea. For example, the recited additional elements involve a digital platform, which uses a general purpose computing device to implement the platform. Simply implementing the abstract idea using generic computers or devices is not a practical application of the abstract idea. Moreover, the abstract idea is merely being linked to a particular technological environment, i.e., a digital platform. Employing well known technology with a digital platform environment to execute the abstract idea, even when limiting the use of the abstract idea to this environment, does not integrate the exception into a practical application or add significantly more. Additionally, there is no improvement to the functioning of a computer or technology. Therefore, the abstract idea is not integrated into a practical application.
Step 2B: Does the Claim Provide an Inventive Concept? (see MPEP 2106.05)
No. As discussed with respect to Step 2A, Prong 2, the additional elements in the claims, both individually and in combination, amount to no more than tools to perform the abstract idea. Merely performing the abstract idea using a computer cannot provide an inventive concept. Therefore, the claims do not provide an inventive concept.
As such, the claims are not patent eligible.
Relevant Prior Art
The following references are relevant to Applicant’s invention:
Scott et al., U.S. Patent Application Publication Number 2019/0244148 A1. This reference teaches a system for optimizing a risk transfer strategy for a resource provider. A risk transfer platform is disclosed in Figure 1, item 20 and associated text.
Reimann et al., U.S. Patent Application Publication Number 2018/0114272 A1. This reference teaches an automated, inter-arrival-time-based system for automated prediction and exposure-signaling of associated, catastrophic risk-event driven or triggered risk-transfer systems, for low frequency catastrophic or operational risk events and automated risk transfer. Paragraph 0010 states “The invention makes it possible to provide an automated risk-transfer platform (that allows almost fully automated risk transfer, incl. an automated drawing up of risk-transfer parameters and policy issuing, where the risk transfer is stable over the long-time operation of the systems, claims handling, disaster prevention and prediction, etc.).”
Bostic et al., U.S. Patent Application Publication Number 2016/0125546 A1. This reference teaches a risk transfer opportunity platform processor that may identify an insurance claim as being associated with a potential risk transfer opportunity.
Sloan, III, U.S. Patent Application Publication Number 2014/0344131 A1. This reference teaches a platform for alternative risk transfer.
Crabtree et al., U.S. Patent Application Publication Number 2021/0073915 A1. This reference teaches a system for event-based modeling an model refinement for natural catastrophe related risks.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH H ROSEN whose telephone number is (571) 270-1850 and email address is elizabeth.rosen@uspto.gov. The examiner can normally be reached Monday - Friday, 10 AM ET - 7 PM ET.
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/ELIZABETH H ROSEN/Primary Examiner, 3693
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