DETAILED ACTION
This Non-Final Action is in response to the application filed on 02/23/2024, the Amendment & Remark filed on 05/19/2026 and the Request for Continued Examination filed on 05/19/2026.
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 .
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. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/19/2026 has been entered.
Status of Claims
Claims 8 and 15 are canceled.
Claims 1, 5, 7, 9, 14, 16, 19 and 20 are amended.
Claims 25-26 are added.
Claims 1, 2, 5-7, 9, 10, 13, 14 and 16-26 are pending.
Claim Rejections - 35 USC § 112
The previous rejection under 35 USC 112(a) is withdrawn in view of the Amendment & Remark filed on 05/19/2026.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 26 is 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) contains 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.
An original claim may lack written description support when (1) the claim defines the invention in functional language specifying a desired result but the disclosure fails to sufficiently identify how the function is performed or the result is achieved or (2) a broad genus claim is presented but the disclosure only describes a narrow species with no evidence that the genus is contemplated. See Ariad Pharms., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1349-50 (Fed. Cir. 2010) (en banc).
While the Applicant specifies in claim 26 that “generating, by the server, using an algorithm, and based at least in part on the weather data and the sensor data, a profile of one or more predicted electronic records to be submitted in the defined proximity of the weather event”, there is no written content as to how or what specific algorithm are performed (i.e. formulas, algorithms, sequence of mathematical steps, process of determination, for example) in order to generate the profile of one or more predicted electronic records to be submitted. The disclosure does not objectively demonstrate that the applicant actually invented—was in possession of—the claimed subject matter.
The written description requirement can be satisfied if the particular steps, i.e., algorithm, necessary to perform the claimed function were “described in the specification.” In re Hayes Microcomputer Prods, Inc. Patent Litigation, 982 F.2d 1527, 1533-34, 25 USPQ2d 1241, (Fed. Cir. 1992).
As such, claim 26 is rejected as failing the written description requirement.
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, 2, 5-7, 9, 10, 13, 14 and 16-26 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.
As an initial matter, the claims as a whole are to a method, a system and a manufacture, which falls within one or more statutory categories. (Step 1: YES) The recitation of the claimed invention is then further analyzed as follow, in which the abstract elements are boldfaced.
Claim 1 recites:
A method for facilitating an electronic record in response to an event, comprising:
receiving, by a server of a service provider, weather data associated with a geographic region, and sensor data from a plurality of Internet of Things (IoT) devices in the geographic region;
determining, by the server and based at least in part on the weather data and the sensor data, an occurrence of a weather event in the geographic region;
responsive to determining the occurrence of the weather event, and based on profile data associated with a plurality of users, determining, by the server, an identifier of a particular client device associated with a user having an address within a defined proximity of the weather event;
causing activation, by the server, of an application on the particular client device, the application generating a user interface on a display of the particular client device, wherein the user interface includes a request for messaging response data associated with the weather event, wherein the request comprises one or more questions based on the weather event and customized for the user;
obtaining, by the server and from the particular client device, messaging response data from the at least one client device associated with the event;
applying, by the server, a classification engine to the messaging response data from the particular client device and electronic records associated with the service provider to output an estimated quantity of new electronic records to be generated at a locality in the defined proximity of the weather event; and
based at least on the estimated quantity, determining, by the server, at least one service from a plurality of services to be allocated to assist in facilitating a processing of the news electronic records generated at the locality.
Claim 9 recites:
A system, comprising: at least one memory; and at least one processor coupled to the at least one memory, wherein the at least one processor is configured to:
receive environmental data associated with a geographic region, and sensor data from a plurality of Internet of Things (IoT) devices in the geographic region;
determining based at least in part on the environmental data and the sensor data, an occurrence of an environmental event in the geographic region;
responsive to determining the occurrence of the environmental event, and based on profile data associated with a plurality users, determine an identifier of a particular client device associated with a user having an address within a defined proximity of the environmental event;
cause activation of an application on the particular client device, the application generating a user interface on a display of the particular client device, wherein the user interface includes a request for messaging response data associated with the weather event, wherein the request comprises one or more questions based on the weather event and customized for the user;;
obtain, from the particular client device, the messaging response data from the at least one client device associated with the environmental event;
applying a classification engine to the messaging response data from the particular client device to electronic records associated with the service provider to output an estimated quantity of new electronic records to be generated at a locality in the defined proximity of the environmental event; and
based at least on the estimated quantity, determine at least one service from a plurality of services to be allocated to assist in facilitating a processing of the news electronic records generated at the locality.
Claim 16 recites:
One or more non-transitory computer-readable media storing instructions executable by a processor, wherein the instructions, when executed by the processor, cause the processor to perform operations comprising:
receiving, by a server of a service provider, weather data associated with a geographic region, and sensor data from a plurality of Internet of Things (IoT) devices in the geographic region;
determining, by the server and based at least in part on the weather data and the sensor data, an occurrence of a weather event in the geographic region;
responsive to determining the occurrence of the weather event, and based on profile data associated with a plurality of users, determining, by the server, an identifier of a particular client device associated with a user having an address within a defined proximity of the weather event;
causing activation of an application on the particular client device, the application generating a user interface on a display of the particular client device, wherein the user interface includes a request for messaging response data associated with the weather event, wherein the request comprises one or more questions based on the weather event and customized for the user;
obtaining, by the server and from the particular client device, the messaging response data from the at least one client device associated with the event;
applying a classification engine to the messaging response data from the particular client device to electronic records associated with the service provider to output an estimated quantity of new electronic records to be generated at a locality in the defined proximity of the weather event; and
based at least on the estimated quantity, determining at least one service from a plurality of services to be allocated to assist in facilitating a processing of the news electronic records generated at the locality.
Claims 2, 10 and 17-18 recite:
wherein obtaining the messaging response data comprises using a generative messaging application to solicit the messaging response data, wherein the generative messaging application is a chatbot and wherein using the generative messaging application comprises initiating a dialogue via the chatbot.
Claims 5 and 19 recite:
wherein the classification engine includes a neural network modeled with plurality of layers of nodes that comprise a first set of nodes trained on historical electronic record data, and a second set of nodes trained on data indicative of a policyholder associated with a client device submitting an electronic record.
Claims 6 and 13 recite:
determining a location for setting up a mobile resource center based on the address.
Claims 7, 14 and 20 recite:
generating, by the server, analytical data related to the weather/environmental event, based on output from the classification engine;
displaying, by the server, the analytical data in a graphical user interface for presenting an allocation of resources available within proximity of the weather event;
receiving, by the server and from one or more data sources, additional event-related data; and
updating, by the server, within the graphical user interface, the allocation of resources based on dynamic changes in demand responsive to a number of electronic record submissions and a locality of the electronic record submissions.
Claim 21 recites:
wherein causing the activation of the application comprises: generating an executable signal; and sending the executable signal to the particular client device, wherein the executable signal causes the particular client device to activate the application.
Claim 22 recites:
facilitating, by the server, allocation of the at least one service, wherein facilitating the allocation comprises determining a quantity and skills of personnel for on-the-ground operations.
Claim 23 recites:
wherein the user interface is a first user interface, the display is a first display, and the particular client device is a first client device, the method further comprising: based on receiving the messaging response data and receiving permission from the user, causing activation, by the server, of the application on a second client device, the application generating a second user interface on a second display of the second client device, wherein the second user interface includes additional prompts in a series of prompts comprising the request.
Claim 24 recites:
wherein the request comprises one or more prompts, the method further comprising: receiving, by the server, additional weather data or additional sensor data; and causing a real-time modification to the one or more prompts based at least in part on the additional weather data or additional sensors data.
Claim 25 recites:
wherein the request comprises one or more prompts, the method further comprising: receiving, by the server, additional messaging response data from another client device associated with another user having an address within the defined proximity of the weather event; and causing, by the server, a real-time modification to the one or more prompts based at least in part on the additional messaging response data.
Claim 26 recites:
generating, by the server, using an algorithm, and based at least in part on the weather data and the sensor data, a profile of one or more predicted electronic records to be submitted in the defined proximity of the weather event;
receiving, by the server, a new electronic record; and based at least in part on the profile,
classifying, by the server, the new electronic record as possibly fraudulent.
Based on the limitations above, the claims describe a process that covers facilitating insurance claim related response (Also see Specification paragraph 0005). Facilitating insurance claim related response is considered to be a commercial interaction, which falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. As such, the claim(s) recite(s) a Judicial Exception. (Step 2A prong one: Yes)
This analysis then evaluates whether the claims as a whole integrates the recited Judicial Exception into a practical application of the exception. In particular, the claims recite the additional element(s) of “a processor”, “a server” or “processing engine of the server” as a mere tool to perform the steps of the Judicial Exception, which encompasses no more than Mere Instruction to Apply.
For example, the limitation “receiving, by a server of a service provider, weather data associated with a geographic region, and sensor data from a plurality of Internet of Things (IoT) devices in the geographic region” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of receiving weather/environmental data and sensor data;
the limitation “determining, by the server and based at least in part on the weather data and the sensor data, an occurrence of a weather event in the geographic region” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of determining an occurrence of the event;
the limitation “responsive to determining the occurrence of the weather event, and based on profile data associated with a plurality of users, determining, by the server, an identifier of a particular client device associated with a user having an address within a defined proximity of the weather event” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of determining at least one client device is within the proximity of the event;
the limitation “causing activation, by the server, of an application on the particular client device, the application generating a user interface on a display of the particular client device, wherein the user interface includes a request for messaging response data associated with the weather event, wherein the request comprises one or more questions based on the weather event and customized for the user” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of requesting messaging response from the client;
the limitation “obtaining, by the server and from the particular client device, the messaging response data from the at least one client device associated with the event” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of obtaining the response;
the limitation “applying, by the server, a classification engine to the messaging response data from the particular client device and electronic records associated with the service provider to output an estimated quantity of new electronic records to be generated at a locality in the defined proximity of the weather event” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of applying a classification engine to messaging response data to output an estimated quantity of new records to be generated at the locality;
the limitation “based at least on the estimated quantity, determining, by the server, at least one service from a plurality of services to be allocated to assist in facilitating a processing of the news electronic records generated at the locality” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of determining at least one service to be allocated to assist in facilitating the processing of the records at the locality associated with the event;
the limitation “receiving, from a plurality of data sources, event-related data” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of receiving event-related data;
the limitation “wherein obtaining the messaging response data comprises using a generative messaging application to solicit the messaging response data, wherein the generative messaging application is a chatbot and wherein using the generative messaging application comprises initiating a dialogue via the chatbot” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of using existing technology (generically recited generative messaging application) to solicit the messaging response data or to initiate a dialogue;
the limitation “wherein the classification engine includes a neural network modeled with plurality of layers of nodes that comprise a first set of nodes trained on historical electronic record data, and a second set of nodes trained on data indicative of a policyholder associated with a client device submitting an electronic record” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of using a trained neural network model (generically recited to be trained without specifics) to analyze data;
the limitation “determining a location for setting up a mobile resource center based on the address” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of determining the location for setting up the mobile resource center;
the limitation “generating, by the server, analytical data related to the weather/environmental event, based on output from the classification engine; displaying, by the server, the analytical data in a graphical user interface for presenting an allocation of resources available within proximity of the weather event” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of generating analytical data related to the event and presenting the data;
the limitation “receiving, by the server and from one or more data sources, additional event-related data; and updating, by the server, within the graphical user interface, the allocation of resources based on dynamic changes in demand responsive to a number of electronic record submissions and a locality of the electronic record submissions” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of receiving additional event-related data and presenting the updated event-related data;
the limitation “wherein causing the activation of the application comprises: generating an executable signal; and sending the executable signal to the particular client device, wherein the executable signal causes the particular client device to activate the application” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of requesting message response from the client;
the limitation “facilitating, by the server, allocation of the at least one service, wherein facilitating the allocation comprises determining a quantity and skills of personnel for on-the-ground operations” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of facilitating allocation of the at least one service by determining the quantity and skills of personnel for on-the-ground operations;
the limitation “wherein the user interface is a first user interface, the display is a first display, and the particular client device is a first client device, the method further comprising: based on receiving the messaging response data and receiving permission from the user, causing activation, by the server, of the application on a second client device, the application generating a second user interface on a second display of the second client device, wherein the second user interface includes additional prompts in a series of prompts comprising the request” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of requesting messaging response from a second client based on receiving messaging response data and permission from the first client;
the limitation “wherein the request comprises one or more prompts, the method further comprising: receiving, by the server, additional weather data or additional sensor data; and causing a real-time modification to the one or more prompts based at least in part on the additional weather data or additional sensors data” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of receiving additional event-related data and presenting the updated prompts based at least in part on the additional data;
the limitation “wherein the request comprises one or more prompts, the method further comprising: receiving, by the server, additional messaging response data from another client device associated with another user having an address within the defined proximity of the weather event; and causing, by the server, a real-time modification to the one or more prompts based at least in part on the additional messaging response data” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of receiving additional message response data and presenting the updated prompts based at least in part on the additional data;
the limitation “generating, by the server, using an algorithm, and based at least in part on the weather data and the sensor data, a profile of one or more predicted electronic records to be submitted in the defined proximity of the weather event; receiving, by the server, a new electronic record; and based at least in part on the profile, classifying, by the server, the new electronic record as possibly fraudulent” encompasses no more than generically invoking a server / processor / processing engine to apply the Judicial Exception step of generating a profile of one or more predicted record to be submitted in the defined proximity of the weather event; receiving a new record and classifying the new record as possibly fraudulent.
Other than being generally linked to the steps of the Judicial Exception, the additional elements in the above step(s) is/are recited at a high-level of generality, without technological detail of how the particular steps are performed technologically.
The additional element(s) of “memory” and/or “non-transitory storage medium” are generically recited to store data and/or instructions of the Judicial Exception.
The additional element(s) of “cause activation of an application on the particular client device, the application generating a user interface on a display of the particular client device” and “causing the activation of the application comprises: generating an executable signal; and sending the executable signal to the … device, wherein the executable signal causes the … device to activate the application” are generically recited to perform input/output steps (requesting message response data) described only by a result-oriented solution with insufficient detail for how the application or the interface accomplish it.
The additional element(s) of “generative messaging application” and “chatbot” are generically recited to perform insurance event communication described only by a result-oriented solution with insufficient detail for how the application or chatbot accomplish it.
The additional element(s) of “algorithm”, “applying the algorithm”, “enabling a classification engine that includes neural network modeled with a plurality of layers of nodes that comprise a first set of nodes trained on …” are generically invoked to perform the analyze data without providing specific technological details regarding how the algorithm or the neural network accomplish it.
The examiner further noted generic computer affixes such as “device” or “electronic” are appended to abstract elements such as “client” and “record” respectively, but found that to be mere instructions to implement the Judicial Exception idea on a computer.
Indeed, the instant claims (1) attempted to cover a solution to an identified problem with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result; (2) used of a computer or other machinery in its ordinary capacity for economic or other tasks or simply added a general purpose computer or computer components after the fact to the Judicial Exception and (3) generally applied the Judicial Exception to a generic computing environment without limitation indicative of practical application (See MPEP 2106.04(d)I). Thus, the claims are no more than Mere Instruction to Apply the Judicial Exception (See MPEP 2106.05(f)) or adding insignificant extra-solution activity to the judicial exception (See MPEP 2106.05(g)), which do not integrate the cited Judicial Exception into practical application (Step 2A prong two: No) The claims are directed to a Judicial Exception.
The claim does not include additional elements 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 element of using a processor to facilitate insurance claim related response amounts to no more than mere instructions to apply the exception using generic computer components. The recited ordered combination of additional elements includes mere instructions to apply the exception to a generic computing environment. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. No additional element currently recited in the claims amount the claims to be significantly more than the cited abstract idea. (Step 2B: No)
Therefore, claims 1, 2, 5-7, 9, 10, 13, 14 and 16-26 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Response to Arguments
Applicant's arguments filed 05/19/2026 have been fully considered but they are not persuasive.
Regarding the applicant’s argument that the claims do not recite a Judicial Exception under Step 2A prong one, the examiner respectfully disagrees. It should be noted while the claims recite “electronic record”, the only form of electronic record in the context is insurance claims. (See Specification Paragraph 0005) The claims recite the receiving of weather and sensor information to determine a weather event, prompting and obtaining user messaging response data; applying analysis to the messaging response data to determine an estimated quantity of new insurance claims to be generated at a locality and determining one or more service to be allocated to facilitating the processing of the new insurance claims generated. Thus, the claims recite a commercial interaction with potential claimant of insurance policy. The applicant’s argument is not persuasive.
Regarding the applicant’s argument that the amended claims integrate the cited Judicial Exception into practical application, the examiner respectfully disagrees. The applicant alleged that the claims recite “features directed to a specific technical improvement in the processing, fusion, and use of IoT sensor data, profile data, and ML- driven resource prediction to trigger targeted device communication.” However, the examiner noted that the processing, fusion and use of IoT sensor data, profile data and ML driven prediction to trigger target communication is an aspect of the identified Judicial Exception of facilitating insurance claim related response. The allegedly improved integrity of responses and caught errors are improvements to commercial task of claim processing rather than technology. The applicant argued that the claims recite particular technical mechanism instead of a desired result. However, the examiner noted that the so-called “technical sequence” is indeed result-only. For instance, “sensor data streams are fused” but no technological discuss of the fusing; “a specific device is identified by geolocation proximity matching against profile data” comparing geolocation data is not technological; “an executable signal causes activation of an application on that device generating a customized user interface” to perform prompting messaging response. None of the argued feature is technological. As such, the argument is not persuasive.
Regarding the applicant’s argument that the amended claims amount to significantly more than the Judicial Exception, the examiner respectfully disagrees. As noted in the response above, the alleged improvement is not shown be improvement to technology. As admitted by the applicant in the response to the rejection under 35 USC 112(a), “neural network classification engines are well-established, well-understood tools in the machine learning arts”. The mere usage of a well-established, well-understood tool to apply the Judicial Exception does not result in any inventive concept. As such, the argument is not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHO KWONG whose telephone number is (571)270-7955. The examiner can normally be reached 9am - 5pm EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL W ANDERSON can be reached at 571-270-0508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHO YIU KWONG/Primary Examiner, Art Unit 3693
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