Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination under 37 CFR §1.114
2. A request for continued examination under 37 CFR §1.114, including the fee set forth in 37 CFR §1.17(e), was filed on November 7, 2025 in this application after final rejection. Since 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forth in 37 CFR §1.17(e) has been timely paid, the finality of the previous Office action dated July 8, 2025 has been withdrawn pursuant to 37 CFR §1.114 and the submission filed on X/21 has been entered. Claims 2-20 are pending and are rejected for the reasons set forth below.
Double Patenting
3. 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.
4. Claims 2-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 5-8, and 10-12 of U.S. Patent No. 11935134. Although the claims at issue are not identical, they are not patentably distinct from each other for the reasons described below. A mapping of the claims is provided below and additional analysis is provided where necessary to explain the similarities between the claims.
Instant Application (18/439,640)
Issued Patent (11935134)
Claim 2
A system for administering a dynamic death benefit life insurance policy wherein the death benefit changes periodically without new underwriting based on data corresponding to an insured's life insurance needs comprising:
a user interface displaying a plurality of adjustable functions that enable the insured to simulate and evaluate a plurality of possible combinations of current and future death benefits and insurance costs, and view, in real-time, information associated with the simulated combinations, including information about projected costs, future death benefits, or death benefit limitations,
the plurality of adjustable functions provided as a formula field or a data relationship component to the insured, wherein the formula field or data relationship component includes one or more of a variable chart, variable table, and one or more user input fields, the plurality of adjustable functions including:
a first function corresponding to correlating the dynamic death benefit life insurance policy benefits to the insured's earned income;
a second function corresponding to projecting the insured's future earned income, wherein the second function includes, receiving, via the formula field or the data relationship component, the insured's current income and projecting the insured's future income;
a third function corresponding to determining the initial death benefit face amount and future death benefit increases for the dynamic death benefit life insurance policy, wherein the third function includes, determining, via the formula field or the data relationship component, the dynamic death benefit life insurance policy benefit changes relative to the future income;
a fourth function corresponding to determining an estimate of the proposed insured's current health status, the health status corresponding to an expected underwriting class, wherein the fourth function includes displaying, via the formula field or the data relationship component, risk input fields for one or more of age, gender, smoker status, and general health assessment, the risk input fields including one or more computer-assisted definitions to assist the insured in estimating an underwriting class;
wherein, in response to the insured adjusting the second function via the formula field or the data relationship component, the user interface calculates and displays, via one or more tables, graphs, related formula fields, user input components, or data relationship components, the projected current and the future earned income;
wherein, in response to the insured adjusting the second, third and fourth functions via the formula field or the data relationship component, and the insured requesting that the dynamic benefit life insurance policy be a new stand-alone life insurance policy or supplemental coverage (rider) to an existing life insurance policy, the user interface calculates and displays, via one or more tables, graphs, related formula fields, user input components, or data relationship components, the initial and future life insurance benefits needed by the insured and the insurance death benefits to be provided by the dynamic death benefit life insurance policy; and
wherein, the user interface calculates and displays, via one or more tables, graphs, related formula fields, user input components, or data relationship components, the projected premium each year for the dynamic death benefit life insurance policy;
a dynamic life insurance death benefits management component comprising:
one or more processors; and
one or more non-transitory computer-readable media storing computing instructions that, when executed on the one or more processors, perform the functions of:
identifying a dynamic death benefit category based on a life insurance need of the insured;
determining qualifying data to calculate a dynamic death benefit of the dynamic death benefit life insurance policy based on an insurance coverage category;
determining a frequency or timing of qualifying data refresh based, at least in part, on the dynamic death benefit category;
retrieving data specific to the insurance coverage category for the insured to recompute a death benefit;
retrieving rules and limitations on changes to the dynamic death benefit life insurance policy's recomputed death benefit specific to the insurance coverage category;
determining a revised death benefit based, at least in part on, a product of (i) an earned income value for the insured and (ii) policy benefit changes based on income reported for the insured;
applying, based on the dynamic death benefit category, applicable limitations or restrictions on the change in benefits; and
servicing the dynamic death benefit life insurance policy with a death benefit that is dynamically redetermined periodically based on independent data associated with the insurance coverage category and specific to the insured;
wherein, the user interface is configured to, in response to the insured adjusting the first, second, third and/or fourth functions via the formula field or the data relationship component, calculate and update the display, via one or more tables, graphs, related formula fields, user input components, or data relationship components, of one or more of: the projected current and future earned income, the initial and future life insurance benefits needed by the insured, the insurance death benefits, and/or the projected yearly premium, thereby enabling the insured to simulate and evaluate, in real-time different possible combinations of initial insurance death benefit and future changes to benefits and view, in real-time, information from the management component corresponding to such simulated combinations, including information about the projected cost, future benefits, and/or death benefit limitations;
wherein, in response to receiving an indication that the insured has completed all inputs and changes to the dynamic death benefit life insurance policy through the user interface, the system submits a formal application for the dynamic death benefit life insurance policy to a third-party system associated with an insurance carrier; and
wherein, the system enables the death benefit amount to change automatically and without new underwriting.
Claim 3
The system of claim 2, wherein the first function further includes presenting the insured with an option to link the death benefit to earned income or a retirement account, and receiving a selection from the insured to link the death benefit to earned income.
Claim 4
The system of claim 2, wherein the second function further includes projecting the insured's future income based, at least in part, on the duration of the dynamic death benefit life insurance policy, the insured's age, or other criteria associated with the insured's expected future income.
Claim 5
The system of claim 2, wherein, subsequent to the dynamic death benefit life insurance policy being issued, the system is configured to execute at least one of the following: in response to the benefit amount being updated, transmitting a notification to the insured to access a life insurance policy account; and in response to the insured accessing the account, displaying, via the formula field or the data relationship component, the insured's updated benefit amount and new premium required.
Claim 6
The system of claim 2, wherein the qualifying data comprises information associated with an income tax filing by the insured.
Claim 7
The system of claim 2, wherein, determining the frequency or timing of qualifying data refresh: further comprises refreshing the qualifying data annually or refreshing the data at a time corresponding to an annual tax filing.
Claim 8
The system of claim 2, wherein, retrieving data specific to the insurance coverage category for the insured to recompute a death benefit further comprises: retrieving income data from a tax filing or W2 form.
Claim 9
The system of claim 2, wherein, the rules and limitations comprise: functions and metrics corresponding to an income multiple and a calibrating variable.
Claim 10
The system of claim 2, wherein the insured is a policy owner or an individual insured by the policy owner.
Claim 11
A system for administering a dynamic death benefit life insurance policy wherein the death benefit changes periodically without new underwriting based on data corresponding to an insured's life insurance needs comprising:
a user interface displaying a plurality of adjustable functions that enable the insured to simulate and evaluate a plurality of possible combinations of current and future death benefits and insurance costs, and view, in real-time, information associated with the simulated combinations, including information about projected costs, future death benefits, or death benefit limitations,
the plurality of adjustable functions provided as a formula field or a data relationship component to the insured, wherein the formula field or data relationship component includes one or more of a variable chart, variable table, and one or more user input fields, the plurality of adjustable functions including:
a first function corresponding to correlating the dynamic death benefit life insurance policy benefits to a retirement account associated with the insured;
a second function corresponding to projecting the insured's future retirement account balance, wherein the second function includes, receiving, via the formula field or the data relationship component, the insured's current retirement account balance and projecting the insured's future retirement account balance;
a third function corresponding to determining the initial death benefit face amount and future death benefit increases for the dynamic death benefit life insurance policy, wherein the third function includes, determining, via the formula field or the data relationship component, the dynamic death benefit life insurance policy benefit changes relative to the future retirement account balance;
a fourth function corresponding to determining an estimate of the proposed insured's current health status, the health status corresponding to an expected underwriting class, wherein the fourth function includes displaying, via the formula field or the data relationship component, risk input fields for one or more of age, gender, smoker status, and general health assessment, the risk input fields including one or more computer-assisted definitions to assist the insured in estimating an underwriting class;
wherein, in response to the insured adjusting the second function via the formula field or the data relationship component, the user interface calculates and displays, via one or more tables, graphs, related formula fields, user input components, or data relationship components, the projected current and the future retirement account balance;
wherein, in response to the insured adjusting the second, third and fourth functions via the formula field or the data relationship component, and the insured requesting that the dynamic benefit life insurance policy be a new stand-alone life insurance policy or supplemental coverage (rider) to an existing life insurance policy, the user interface calculates and displays, via one or more tables, graphs, related formula fields, user input components, or data relationship components, the initial and future life insurance benefits needed by the insured to cover the estimated income tax liability on the tax-qualified retirement account and the insurance death benefits to be provided by the dynamic death benefit life insurance policy; and
wherein, the user interface calculates and displays, via one or more tables, graphs, related formula fields, user input components, or data relationship components, the projected premium each year for the dynamic death benefit life insurance policy;
a dynamic life insurance death benefits management component comprising:
one or more processors; and
one or more non-transitory computer-readable media storing computing instructions that, when executed on the one or more processors, perform the functions of:
identifying a dynamic death benefit category based on a life insurance need of the insured;
determining qualifying data to calculate a dynamic death benefit of the dynamic death benefit life insurance policy based on an insurance coverage category;
determining a frequency or timing of qualifying data refresh based, at least in part, on the dynamic death benefit category;
retrieving data specific to the insurance coverage category for the insured to recompute a death benefit;
retrieving rules and limitations on changes to the dynamic death benefit life insurance policy's recomputed death benefit specific to the insurance coverage category;
determining a revised death benefit based, at least in part on, a product of (i) a retirement account value for the insured and (ii) policy benefit changes based on a fixed percentage for the insured's dynamic death benefit life insurance policy;
applying, based on the dynamic death benefit category, applicable limitations or restrictions on the change in benefits; and
servicing the dynamic death benefit life insurance policy with a death benefit that is dynamically redetermined periodically based on independent data associated with the insurance coverage category and specific to the insured;
wherein, the user interface is configured to, in response to the insured adjusting the first, second, third and/or fourth functions via the formula field or the data relationship component, calculate and update the display, via one or more tables, graphs, related formula fields, user input components, or data relationship components, of one or more of: the projected current and future retirement account balance, the initial and future life insurance benefits needed by the insured, the insurance death benefits, and/or the projected yearly premium, thereby enabling the insured to simulate and evaluate, in real-time different possible combinations of initial insurance death benefit and future changes to benefits and view, in real-time, information from the management component corresponding to such simulated combinations, including information about the projected cost, future benefits, and/or death benefit limitations;
wherein, in response to receiving an indication that the insured has completed all inputs and changes to the dynamic death benefit life insurance policy through the user interface, the system submits a formal application for the dynamic death benefit life insurance policy to a third-party system associated with an insurance carrier; and
wherein, the system enables the death benefit amount to change automatically and without new underwriting.
Claim 12
The system of claim 11, wherein the retirement account includes one or more retirement accounts selected by the insured.
Claim 13
The system of claim 11, wherein the first function further includes presenting the insured with an option to link the death benefit to earned income or a retirement account, and receiving a selection from the insured to link the death benefit to a retirement account.
Claim 14
The system of claim 11, wherein the second function further includes projecting the insured's retirement account balance based, at least in part, on the duration of the dynamic death benefit life insurance policy, the insured's age, or other criteria associated with the insured's expected retirement account contributions, withdrawals, and investment returns.
Claim 15
The system of claim 11, wherein, subsequent to the dynamic death benefit life insurance policy being issued, the system is configured to execute at least one of the following: in response to the benefit amount being updated, transmitting a notification to the insured to access a life insurance policy account; and in response to the insured accessing the account, displaying, via the formula field or the data relationship component, the insured's updated benefit amount and new premium required.
Claim 16
The system of claim 11, wherein the qualifying data comprises information associated with a retirement account statement.
Claim 17
The system of claim 11, wherein, determining the frequency or timing of qualifying data refresh: further comprises refreshing the qualifying data annually or refreshing the data at a time corresponding to a retirement account statement period.
Claim 18
The system of claim 11, wherein, retrieving data specific to the insurance coverage category for the insured to recompute a death benefit further comprises: retrieving retirement account balances from a retirement account statement.
Claim 19
The system of claim 11, wherein, the rules and limitations comprise: functions and metrics corresponding to a size or increase in the retirement account balance and a calibrating variable.
Claim 20
The system of claim 11, wherein the insured is a policy owner or an individual insured by the policy owner.
(claim 1) A system for administering a dynamic death benefit life insurance policy wherein the death benefit changes periodically and automatically without new underwriting based on data corresponding to an insured's life insurance needs comprising:
(claim 1) a user interface including a plurality of adjustable functions that facilitate forecasting the insured's life insurance needs and determining the changes in future benefits provided by the dynamic death benefit life insurance policy, and enable the insured to view and evaluate a variety of possible combinations of current and future death benefits and insurance costs prior to formally applying for the dynamic death benefit life insurance policy; Examiner’s Note: This limitation recited in the reference patent does not explicitly state that the simulations may be viewed in “real time.” However, this is discussed in another limitation recited in claim 1 (e.g., “wherein, the first function, second function, third function, fourth function, and/or fifth function of the user interface enable the insured to simulate and evaluate, in real-time different possible combinations of initial insurance death benefit and future changes to benefits and view, in real-time, information from the management component corresponding to such simulated combinations”)
(claim 1) the user interface displaying a plurality of functions of a formula field or a data relationship component to the insured in purchasing dynamic life insurance, wherein the formula field or data relationship component includes one or more of a variable chart and variable table, the plurality of functions including:
(claim 1) a first function corresponding to correlating the dynamic death benefit life insurance policy to the insured's earned income in an individual policy independent of any particular employer relationship while including all sources of earned income;
(claim 1) a second function corresponding to projecting the insured's future earned income, wherein the second function includes, via the formula field, data relationship component, variable table, one or more user input fields, or a combination thereof, receiving the insured's current income and projecting the insured's future income by dynamic death benefit life insurance policy duration since issue, insured's age, or other criteria;
(claim 1) a third function corresponding to determining the requested dynamic death benefit life insurance policy's initial face amount of death benefit being applied for and future increases in benefits, wherein the third function includes, via the formula field, data relationship component, variable table, and/or the user input fields, or a combination thereof, determining the dynamic death benefit life insurance policy benefit changes relative to the future earned income;
(claim 1) a fourth function corresponding to determining an estimate of the proposed insured's current health status for the dynamic death benefit life insurance policy prior to the insurance company underwriting a formal application, the health status corresponding to an expected underwriting class, wherein the fourth function includes displaying risk input fields for age, gender, smoker status, and general health assessment fields with computer-assisted definitions to assist the insured in estimating an underwriting class; and
(claim 1) in response to: (i) the insured selecting the income linked death benefit in the first function, and (ii) the insured adjusting the second function via the formula fields or the data relationship component, the user interface utilizes the adjustments to the second function to calculate and display via the tables, the graphs, and the related formula fields, user input or data relationship components, the current and the future earned income projected by the user interface;
(claim 1) in response to: (i) the insured selecting the income linked death benefit in the first function, and (ii) the insured adjusting the second, third and fourth functions via the formula fields or the data relationship component, and the fifth function indicating a new stand-alone dynamic death benefit life insurance policy is being requested, the user interface utilizes the adjustments to the second, third and fourth functions to calculate and display via tables, graphs, and related formula fields, user input or data relationship components the initial and future life insurance benefits needed based, at least in part, on assumptions provided by the insured, and the insurance benefits to be provided by the dynamic death benefit life insurance policy relative to any adjustment limitations-imposed by the existing dynamic death benefit life insurance policy and expected to be imposed by the dynamic death benefit life insurance policy based on the insured-provided fields in the second, third, and fourth functions;
(claim 1) the user interface calculates and displays via graphics, tables, the formula field or the data relationship components, the projected premium each year, segmented between the underwriting class and death benefit provided for an existing dynamic death benefit life insurance policy and new death benefit being requested, based on the insured's adjustments to the second, third, and/or fourth functions in the formula fields, the tables or the data relationship components, needed to estimate the premium rate per unit for all types of dynamic life insurance benefits projected in the future, and the system may forecast the current premium rates based on an approved underwriting class for the existing death benefit and estimated underwriting class based on user input in the fourth function prior to formal application submission;
(claim 1) a dynamic life insurance death benefits management component comprising:
(claim 1) one or more processors; and
(claim 1) one or more non-transitory computer-readable media storing computing instructions that, when executed on the one or more processors, perform the functions of:
(claim 1) identifying a category of dynamic death benefit based on a life insurance need of the insured;
(claim 1) determining qualifying data to calculate a dynamic death benefit of the life insurance policy based on a category of insurance coverage;
(claim 1) determining a frequency and timing of a data refresh based on the category of the dynamic death benefit and contractual requirements being serviced for the insured's life insurance policy;
(claim 1) retrieving data specific to the category of insurance on the insured to recompute a death benefit;
(claim 1) retrieving rules and limitations on changes to the life insurance policy's recomputed death benefit specific to the category of coverage and that policy's particular circumstances;
(claim 1) determining a life insurance policy's revised death benefit based on at least a product of (i) an earned income value for the insured and (ii) the third function for determining the change in policy benefits based on the income reported for the insured;
(claim 1) applying, based on the category of dynamic life insurance benefit, any applicable limitations or restrictions on the change in benefits for the current reset period, incorporating different limitation formulas that may apply to dynamic death benefit life insurance policies combining two or more death benefits purchased at different times;
(claim 1) servicing the life insurance policy with a death benefit that is dynamically redetermined periodically based on independent data unique to the category of insurance coverage and specific to the insured changing dynamically as represented by the independent data;
(claim 1) in response to the insured engaging with the user interface to adjust the fifth function in the formula field or the data relationship component to request an increase in additional death benefit, the system will engage an underwriting process for the requested increase in death benefit, recompute the current premium, incorporate any updates to the second, third and fourth function variables, formulas, or tables to define the current and future additional death benefit in relation to the future earned income, and display the changes to the insured graphically, via the tables and/or the formulas or the data relationship component, showing the requested combined dynamic death benefit life insurance policy and the existing dynamic death benefit life insurance policy death benefit information separate from the requested increase in death benefit; wherein, the first function, second function, third function, fourth function, and/or fifth function of the user interface enable the insured to simulate and evaluate, in real-time different possible combinations of initial insurance death benefit and future changes to benefits and view, in real-time, information from the management component corresponding to such simulated combinations, including information about the projected cost, future benefits, and/or death benefit limitations; Examiner’s Note: While these limitations are not identical, they are not patentably distinct. Both claims recite limitations for allowing the user to make changes to the various user interface functions, and simulate changes to the policy in real-time based on the changes
(claim 1) in response to receiving an indication that the insured has completed all inputs and changes to the dynamic death benefit life insurance policy through the user interface, the system submits a formal application for the dynamic death benefit life insurance policy to a third-party system associated with an insurance carrier
(claim 1) wherein the death benefit changes periodically and automatically without new underwriting
(claim 1) in response to: (i) the insured selecting the income linked death benefit in the first function. Examiner’s Note: While the issued patent does not explicitly state that the first function has the option to link the death benefit to earned income, the ability for the user to make such a selection is recited in claim 1 of the issued patent as noted above
(claim 1) projecting the insured's future income by dynamic death benefit life insurance policy duration since issue, insured's age, or other criteria
(claim 1) subsequent to the dynamic death benefit life insurance policy being issued, the system executes at least one of the following: transmit a notification to the insured to access the insured's life insurance policy account, in response to the benefit amount being updated, and, in response to the insured accessing the life insurance policy account, displaying, via the formula field or the data relationship component of the user interface, the insured's updated benefit amount and new premium required
(claim 5) wherein the qualifying data comprises information from the insured's income tax filing, or the insured's retirement account statement
(claim 6) wherein: the frequency of the qualifying data refresh comprises annually refreshing the qualifying data; and the timing of the qualifying data refresh comprises a time period corresponding to an annual tax filing, or periodic account statement for a retirement account
(claim 7) wherein retrieving the data specific to the category of insurance on the insured seeking life insurance coverage to recompute a death benefit, further comprises retrieving income data from at least one of a tax filing or W2 form, or retirement account statement
(claim 8) wherein the rules and limitations comprise: functions and metrics corresponding to an income multiple and a calibrating variable
(claim 10) wherein the insured is at least one of: a policy owner, or an individual insured by the policy owner
(claim 11) A system for administering a dynamic death benefit life insurance policy wherein the death benefit changes periodically and automatically without new underwriting based on data corresponding to an insured's life insurance needs, comprising:
(claim 11) a user interface including a plurality of adjustable functions that facilitate forecasting the insured's life insurance needs and determining the changes in future benefits provided by the dynamic death benefit life insurance policy, and enable the insured to view and evaluate a variety of possible combinations of current and future death benefits and insurance costs prior to formally applying for the dynamic death benefit life insurance policy; Examiner’s Note: This limitation recited in the reference patent does not explicitly state that the simulations may be viewed in “real time.” However, this is discussed in another limitation recited in claim 11 (e.g., “wherein, the first function, second function, third function, fourth function, and/or fifth function of the user interface enable the insured to simulate and evaluate, in real-time different possible combinations of initial insurance death benefit and future changes to benefits and view, in real-time, information from the management component corresponding to such simulated combinations”)
(claim 11) the user interface displaying a plurality of functions of a formula field or a data relationship component to the insured in purchasing dynamic life insurance, wherein the formula field or data relationship component includes one or more of a variable chart and variable table, the plurality of functions including:
(claim 11) a first function corresponding to correlating the dynamic death benefit life insurance policy to the insured's retirement account in an individual policy independent of any particular retirement account provider while including all retirement accounts the insured selected to protect;
(claim 11) a second function corresponding to projecting the insured's future retirement account balance, wherein the second function includes, via the formula field, data relationship component, variable table, one or more user input fields, or a combination thereof, receiving the insured's current retirement account balance and projecting the insured's future retirement account balance by dynamic death benefit life insurance policy duration since issue, insured's age, or other criteria;
(claim 11) a third function corresponding to determining the requested dynamic death benefit life insurance policy's initial face amount of death benefit being applied for and future increases in benefits, wherein the third function includes, via the formula field, data relationship component, variable table, and/or the user input fields, or a combination thereof, determining the dynamic death benefit life insurance policy benefit changes relative to the future retirement account balance;
(claim 11) a fourth function corresponding to determining an estimate of the proposed insured's current health status for the dynamic death benefit life insurance policy prior to the insurance company underwriting a formal application, the health status corresponding to an expected underwriting class, wherein the fourth function includes displaying risk input fields for age, gender, smoker status, and general health assessment fields with computer-assisted definitions to assist the insured in estimating an underwriting class;
(claim 11) in response to: (i) the insured selecting the retirement account linked death benefit in the first function, and (ii) the insured adjusting the second function via the formula fields or the data relationship component, the user interface utilizes the adjustments to the second function to calculate and display via the tables, the graphs, and the related formula fields, user input or data relationship components, the current and the future retirement account balance projected by the user interface;
(claim 11)in response to: (i) the insured selecting the retirement account linked death benefit in the first function, and (ii) the insured adjusting the second, third and fourth functions via the formula fields or the data relationship component, and the fifth function indicating a new stand-alone dynamic death benefit life insurance policy is being requested, the user interface utilizes the adjustments to the second, third and fourth functions to calculate and display via tables, graphs, and related formula fields, user input or data relationship components the initial and future life insurance benefits needed based, at least in part, on assumptions provided by the insured, and the insurance benefits to be provided by the dynamic death benefit life insurance policy relative to any adjustment limitations imposed by the existing dynamic death benefit life insurance policy and expected to be imposed by the dynamic death benefit life insurance policy based on the insured-provided fields in the second, third, and fourth functions;
(claim 11) the user interface calculates and displays via graphics, tables, the formula field or the data relationship components, the projected premium each year, segmented between the underwriting class and death benefit provided for an existing dynamic death benefit life insurance policy and new death benefit being requested, based on the insured's adjustments to the second, third, and/or fourth functions in the formula fields, the tables or the data relationship components, needed to estimate the premium rate per unit for all types of dynamic life insurance benefits projected in the future, and the system may forecast the current premium rates based on an approved underwriting class for the existing death benefit and estimated underwriting class based on user input in the fourth function prior to formal application submission;
(claim 11) a dynamic life insurance death benefits management component comprising:
(claim 11) one or more processors; and
(claim 11) one or more non-transitory computer-readable media storing computing instructions that, when executed on the one or more processors, perform the functions of:
(claim 11) identifying a category of dynamic death benefit based on a life insurance need of the insured;
(claim 11) determining qualifying data to calculate a dynamic death benefit of the life insurance policy based on a category of insurance coverage;
(claim 11) determining a frequency and timing of a data refresh based on the category of the dynamic death benefit and contractual requirements being serviced for the insured's dynamic death benefit life insurance policy;
(claim 11) retrieving data specific to the category of insurance on the insured to recompute a death benefit;
(claim 11) retrieving rules and limitations on changes to the life insurance policy's recomputed death benefit specific to the category of coverage and that policy's particular circumstances;
(claim 11) determining a life insurance policy's revised death benefit based on at least a product of (i) a retirement account value for the insured and (ii) the third function for determining the change in policy benefits based a fixed percentage for that insured's dynamic death benefit policy;
(claim 11) applying, based on the category of dynamic life insurance benefit any applicable limitations or restrictions on the change in benefits for the current reset period, incorporating different limitation formulas that may apply to dynamic death benefit life insurance policies combining two or more death benefits purchased at different times;
(claim 11) servicing the life insurance policy with a death benefit that is dynamically redetermined periodically based on independent data unique to the category of insurance coverage and specific to the insured changing dynamically as represented by the independent data;
(claim 11) in response to the insured engaging with the user interface to adjust the fifth function in the formula field or the data relationship component to request an increase in additional death benefit, the system will engage an underwriting process for the requested increase in death benefit, recompute the current premium, incorporate any updates to the second, third and fourth function variables, formulas, or tables to define the current and future additional death benefit in relation to the future retirement account balance, and display the changes to the insured graphically, via the tables and/or the formulas or the data relationship component, showing the requested combined dynamic death benefit life insurance policy and the existing dynamic death benefit life insurance policy death benefit information separate from the requested increase in death benefit; wherein, the first function, second function, third function, fourth function, and/or fifth function of the user interface enable the insured to simulate and evaluate, in real-time different possible combinations of initial insurance death benefit and future changes to benefits and view, in real-time, information from the management component corresponding to such simulated combinations, including information about the projected cost, future benefits, and/or death benefit limitations; Examiner’s Note: While these limitations are not identical, they are not patentably distinct. Both claims recite limitations for allowing the user to make changes to the various user interface functions, and simulate changes to the policy in real-time based on the changes
(claim 11) in response to receiving an indication that the insured has completed all inputs and changes to the dynamic death benefit life insurance policy through the user interface, the system submits a formal application for the dynamic death benefit life insurance policy to a third-party system associated with an insurance carrier;
(claim 11) wherein the death benefit changes periodically and automatically without new underwriting
(claim 11) a first function corresponding to correlating the dynamic death benefit life insurance policy to the insured's retirement account in an individual policy independent of any particular retirement account provider while including all retirement accounts the insured selected to protect
(claim 11) in response to: (i) the insured selecting the retirement account linked death benefit in the first function. Examiner’s Note: While the issued patent does not explicitly state that the first function has the option to link the death benefit to a retirement account, the ability for the user to make such a selection is recited in claim 11 of the issued patent as noted above.
(claim 11) wherein the second function includes, via the formula field, data relationship component, variable table, one or more user input fields, or a combination thereof, receiving the insured's current retirement account balance and projecting the insured's future retirement account balance by dynamic death benefit life insurance policy duration since issue, insured's age, or other criteria
(claim 11) subsequent to the dynamic death benefit life insurance policy being issued, the system executes one of the following: transmit a notification to the insured to access the insured's life insurance policy account, in response to the benefit amount being updated, and, in response to the insured accessing the life insurance policy account, displaying, via the formula field or the data relationship component of the user interface, the insured's updated benefit amount and new premium required
(claim 5) wherein the qualifying data comprises information from the insured's income tax filing, or the insured's retirement account statement
(claim 6) wherein: the frequency of the qualifying data refresh comprises annually refreshing the qualifying data; and the timing of the qualifying data refresh comprises a time period corresponding to an annual tax filing, or periodic account statement for a retirement account
(claim 7) wherein retrieving the data specific to the category of insurance on the insured seeking life insurance coverage to recompute a death benefit, further comprises retrieving income data from at least one of a tax filing or W2 form, or retirement account statement
(claim 8) wherein the rules and limitations comprise: functions and metrics corresponding to an income multiple and a calibrating variable. Examiner’s Note: Claim 8 does not explicitly state that the rules and limitations comprise a size or increase in a retirement account balance. However, claim 11 recites a process for determining a size of the user’s retirement account balance in order to determine a revised death benefit (e.g., retrieving rules and limitations on changes to the life insurance policy's recomputed death benefit specific to the category of coverage and that policy's particular circumstances; determining a life insurance policy's revised death benefit based on at least a product of (i) a retirement account value for the insured and (ii) the third function for determining the change in policy benefits based a fixed percentage for that insured's dynamic death benefit policy)
(claim 12) wherein the insured is at least one of: a policy owner, or an individual insured by the policy owner
Therefore, because claim 1, 5-8, and 10-12 the issued patent teaches each limitation of claims 2-20 of the instant application, claims 2-20 of the instant application are anticipated by claim 1, 5-8, and 10-12 of the issued patent.
Response to Arguments
5. Applicant’s arguments filed November 7, 2025 have been fully considered.
Arguments Regarding Double Patenting
6. The double patenting rejection has been maintained in view of the newly added claim amendments. The amendments do not sufficiently differentiate the claims of the instant application from the claims of the issued patent. However, the examiner notes that the filing of an terminal disclaimer, as noted by the applicant on page 11 of their remarks, would be sufficient to overcome this rejection.
Arguments Regarding 35 U.S.C. 101
7. Applicant’s arguments (Amendment, Pages 11-14) concerning the prior rejection of the claims under 35 U.S.C. 101 are persuasive.
On page 11 of their remarks, the applicant argues, “Applicant respectfully submits that claims 2 and 20 of the instant application, as currently presented, do recite limitations and features substantially similar to those limitations in the claims of U.S. Patent No. 11,935,134, and, therefore, are patent eligible under § 101 for at least those same reasons.” The examiner respectfully agrees with this argument. Specifically, the examiner notes that the newly added amendments integrate the abstract idea into a practical application. The claims recite an improved user interface which facilitates the simulation and display of dynamic death benefit life insurance policies. The claims recite significantly more than merely generating an insurance policy, but rather provide significant detail regarding the user interface itself and how the user engages with the user interface
Therefore, for at least these reasons, the rejection of these claims under 35 U.S.C. 101 has been withdrawn.
Citation of Pertinent Prior Art
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Strong (U.S. Pre-Grant Publication No. 20140200926): Describes A system and method for managing a single premium whole life insurance policy with a rider for providing an accelerated benefit for covered long term care expenses.
Nordyke (U.S. Patent No. 8271301): Describes methods for providing a permanent life insurance policy, such as a universal life or variable universal life insurance policy, that may provide a level cost of insurance and may be marketed to clients of an asset manager.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM D NEWLON whose telephone number is (571)272-4407. The examiner can normally be reached Mon - Fri 8:30 - 4:30.
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