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 .
DETAILED ACTION
The following is a Non-Final Office Action in response to communications received August 27, 2026. Claims 1-9 are pending and examined.
Response to Amendments and Arguments
As to the objection to the Drawings, Applicant’s replacement drawings have been considered and fully address this objection, which is thereby withdrawn.
As to the rejection of Claims 1-3, and 5-9 under 35 U.S.C. § 101, Applicant’s arguments and amendments have been fully considered but are not persuasive. Applicant argues that the claimed invention is not purely abstract because it incorporates “a technical digital system that provides a technically controlled and measurable improvement in predictions through an audit-based structure”. Examiner argues that this is “apply it” where a general purpose computer is merely executing the abstract idea, which in this case is improving the accuracy of forecasts and therefore do fall under the categories of “organizing human activity”. Examiner argues that this does not go beyond “apply it” and thus simply relying on a computer to perform routine tasks or calculations more quickly or more accurately is insufficient to render a claim patent eligible. See Alice, 134 S. Ct. at 2359 (“use of a computer to create electronic records, track multiple transactions, and issue simultaneous instructions” is not an inventive concept); Bancorp Servs., L.L.C. v. Sun Life Assur. Co. of Can. (U.S.), 687 F.3d 1266, 1278 (Fed. Cir. 2012) (a computer “employed only for its most basic function . . . does not impose meaningful limits on the scope of those claims”); cf. DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258–59 (Fed. Cir. 2014) (finding a computer-implemented method patent eligible where the claims recite a specific manipulation of a general-purpose computer such that the claims do not rely on a “computer network operating in its normal, expected manner”). The additional elements do not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment (in this case, sensors). The rejection is thereby maintained.
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 1-3, and 5-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
(Step 1) The claims recite a system and method. For the purposes of this analysis, representative claim 2 is addressed.
(Step 2A, prong 1) Abstract ideas are in bold below, and represents certain methods of organizing human activity, as a method of improving the accuracy of forecasts. Improving the accuracy of forecasts is akin to certain methods of organizing human activity.
A digital method for accuracy-enhanced expert forecasting based on an audit-linked, digital best-estimation framework by applying a controlled decision-making architecture for improving accuracy of forecasts and strengthen of the robustness of expert judgement and fore-cast accuracy, wherein a digital platform provides a digital channel for automated audit-based best-estimation forecast of base rate values for underwriting in complex contextual environments covering heterogenous risk sources and risk-exposure classes, wherein the digital channel being provided with two or more execution members assessing the digital platform using network-enabled devices via a data transmission network, wherein the digital platform at least comprises processing circuitry configured to capture data from a plurality of sensors and the network-enabled devices, the plurality of sensors being selected from one or more sensor types at least comprising temperature sensor and/or humidity sensor and/or water sensor/water pressure sensor and/or water flow sensor and/or leak detection sensor and/or wind speed sensor and/or motion sensor and/or electrical system sensor/analyzer and/or positional sensor and/or structural sensor to detect various structural conditions of constructions and/or environmental sensor and/or smoke detectors and/or optical sensors providing satellite or drone imagery and/or seismic and/or vibration sensors, and the plurality of sensors being connected to the digital platform measuring an actual accuracy of the forecasts, and the digital method comprising: executing, by the two or more execution members using the network-enabled devices at least the steps of: (i) determining a forecasted value for a definable future time window benchmarking the audit-based, digital best-estimation framework to a starting point value based on one or more historical databases, (ii) determining a 90% confidence interval range for the determined starting point value by a lower bound value and an upper bond value of the interval range, wherein the upper and lower bound value is set equal-distant to the starting point value of the forecasted value, wherein the starting point value is part of the confidence interval value range, and wherein an actually measured value of the forecasted value in the future time window is forecasted to measurably deviate with a 90% probability within the 90% confidence interval range, and (iii) selecting one or more possible scenarios each having a definable probability distribution and applying a sensitivity analysis by at least varying a time-based range of an observation window, wherein if the forecasted value deviates further from the starting point value as a predefined threshold value by the variation, the starting point value is adjusted, in that the forecasted values of the at least two execution member are transmitted and captured by a best-estimation engine determining a best-estimation forecasted value based on the captured forecasted values of the at least two execution member, and in that the plurality of sensors is coupled to the data processing engine and connected to the digital platform, wherein the accuracy the forecasted base rates is measured by the plurality of sensors providing a digital loop-back process by monitoring and verifying the different forecasted base rates via the sensory link of the plurality of sensors to the real physical world based on applying a machine learning technique that is pre-trained on past forecasting outcomes, thereby providing an automated self-calibration process for the digital system and measuring by means of the sensory real-world link an actual enhancement by physical measuring based measurands as captured data from said plurality of sensors.
(Step 2A prong 2) The additional elements are considered as follows:
“a digital platform provides a digital channel”. This is merely “apply it” this sever is claimed at a high level of generality, it receives the information, performs the abstract idea, and outputs the results.
“digital platform using network-enabled devices via a data transmission network, wherein the digital platform at least comprises processing circuitry”. This is merely “apply it” this sever is claimed at a high level of generality, it receives the information, performs the abstract idea, and outputs the results.
“configured to capture data from a plurality of sensors and the network-enabled devices”. This is an extra solution activity, akin to data gathering.
“network-enabled devices”. This is merely “apply it” this sever is claimed at a high level of generality, it receives the information, performs the abstract idea, and outputs the results.
“the plurality of sensors being selected from one or more sensor types at least comprising temperature sensor and/or humidity sensor and/or water sensor/water pressure sensor and/or water flow sensor and/or leak detection sensor and/or wind speed sensor and/or motion sensor and/or electrical system sensor/analyzer and/or positional sensor and/or structural sensor to detect various structural conditions of constructions and/or environmental sensor and/or smoke detectors and/or optical sensors providing satellite or drone imagery and/or seismic and/or vibration sensors, and the plurality of sensors being connected to the digital platform measuring an actual accuracy of the forecasts “. This is an extra solution activity, akin to data gathering and data transmitting.
“plurality of sensors is coupled to the data processing engine and connected to the digital platform”. This is an extra solution activity, akin to data gathering and data transmitting.
“plurality of sensors providing a digital loop-back process…via the sensory link of the plurality of sensors to the real physical world”. This is an extra solution activity, akin to data gathering and data transmitting.
“based on applying a machine learning technique that is pre-trained on past forecasting outcomes, thereby providing an automated self-calibration process for the digital system and measuring by means of the sensory real-world link an actual enhancement by physical measuring based measurands as captured data from said plurality of sensors” This is merely “apply it” this sever is claimed at a high level of generality, it receives the information, performs the abstract idea, and outputs the results.
(Step 2B) The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration into a practical application, the additional elements amount to no more than mere instructions to apply the abstract idea of using generic computer components. The claim elements when considered separately and in an ordered combination, do not add significantly more than implementing the abstract idea of improving the accuracy of forecasts, over a generic computer network with generic computing elements, and generic hardware. The additional elements do not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment (i.e. sensors).
Analysis of dependent claims 3, and 5-8, recited additional details which only further narrow the abstract idea and do not add any additional features, alone or in combination, that would provide a practical application or provide significantly more. For example, Claims 3 & 7 further narrow the limitation “method for accuracy-enhanced expert forecasting based on an audit-linked best-estimation framework” of Claim 2 by “determining”, which is “apply it”. Claims 5 & 6 further narrow the limitation “method for accuracy-enhanced expert forecasting based on an audit-linked best-estimation framework” of Claim 2 by “applying”, which is “apply it”. Claim 8 further narrows the limitation “two or more execution members” of Claim 2. System Claim 1 and method Claim 9 are similarly rejected as the method Claim 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IRENE S KANG whose telephone number is (571)270-3611. The examiner can normally be reached on Monday through Friday between M-F 10am-2pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matt Gart may be reached at (571)-273-3955. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IRENE KANG/
Examiner, Art Unit 3695
9/18/2026
/MATTHEW S GART/Supervisory Patent Examiner, Art Unit 3696
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