DETAILED ACTION
This office action is in response to communication filed on 11 December 2025.
Claims 1 – 15 are presented for examination.
The following is a FINAL office action upon examination of application number 18/774060. Claims 1 – 15 are pending in the application and have been examined on the merits discussed below.
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 .
Response to Amendment
In the response filed 11 December 2025, Applicant amended claims 1, 7, 9, and 11 – 15.
Amendments to claims 1, 7, 9, and 11 – 15 are insufficient to overcome the 35 USC § 101 rejection. Therefore, the 35 USC § 101 rejection of claims 1 – 15 are maintained.
Response to Arguments
Applicant's arguments filed 11 December 2025 have been fully considered but they are not persuasive.
In the remarks regarding the 35 USC 101 rejection, Applicant argues that claims do not recite judicial exception of abstract ideas without significantly more. Examiner respectfully disagrees. The functionality of the steps do not require technology and can be performed in the human mind, making them abstract. The steps of storing profiles, obtaining profiles, generating risk scores, determining adjustment to properties based on risk score, and outputting adjustments do not require technology to be performed. Models, labeled as machine learning or not, are mathematical concepts and also abstract. Claims currently do not describe technology or technical features with how the machine learning is implemented in the data analysis. There is no claim to backend processing logic nor an automated feedback loop, but those are not practical applications either. Applicant argues that specific technical input and output are required, but triggering warnings is not specific to any technology nor does it require technology in the manner claimed. Similarly, there is no claim to “resource-intensive security scanning,” but that is again non-specific nor requiring technology of any kind, as resource problems are business processes. A “communication system” is not a computer or technology, but rather communication systems can exist outside of technology. Any perceived improvement to those systems would be an improvement to the abstract idea, not technology.
In the remarks regarding independent claims 1, 11, and 15, Applicant argues that the prior art does not disclose the amended claim limitations. Examiner agrees. The prior art rejections are withdrawn.
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 – 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to the judicial exception of abstract ideas without significantly more. The claims recite storing at least one risk profile associated with the entity and at least one risk property associated with each of the at least one risk profile; obtaining at least one risk profile associated with the entity and based on at least one risk property associated with the at least one risk profile, and wherein the at least one risk property is based on a number of wrong recipient advice instances associated with the entity over a predetermined period; generating the risk score associated with the entity based on the at least one risk profile; determining at least one adjustment to the properties of the system based on at least the risk score, wherein the at least one adjustment comprises increasing data analysis by models for a higher-risk entity; and outputting the one or more adjustments to the at least one system. This judicial exception is not integrated into a practical application. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The eligibility analysis in support of these findings is provided below, in accordance section 2106 of the MPEP (hereinafter, MPEP 2106).
With respect to Step 1 of the eligibility inquiry (as explained in MPEP 2106), it is noted that the method, the system, and the computer-readable storage medium are directed to an eligible categories of subject matter. Step 1 is satisfied.
With respect to Step 2A prong 1 of MPEP 2106, it is next noted that the claims recite an abstract idea by reciting concepts of risk analysis and mitigation, as that is a fundamental economic principle or practice, which falls into the “certain methods of organizing human activity” group within the enumerated groupings of abstract ideas set forth in the MPEP 2106. The claimed invention also recites an abstract idea that falls within the mental processes grouping, as claims describe determination of an adjustment based on the risk score. The risk score generation itself is categorized as mathematical concept, as the disclosure describes mathematical calculations to arrive at the risk score. The limitations reciting the abstract idea in independent claims are storing at least one risk profile associated with the entity and at least one risk property associated with each of the at least one risk profile; obtaining at least one risk profile associated with the entity and based on at least one risk property associated with the at least one risk profile, and wherein the at least one risk property is based on a number of wrong recipient advice instances associated with the entity over a predetermined period; generating the risk score associated with the entity based on the at least one risk profile; determining at least one adjustment to the properties of the system based on at least the risk score, wherein the at least one adjustment comprises increasing data analysis by models for a higher-risk entity; and outputting the one or more adjustments to the at least one system.
With respect to Step 2A Prong Two of the MPEP 2106, the judicial exception is not integrated into a practical application. The additional elements are directed to a server, application programming interface, machine learning, a non-transitory computer-readable storage medium, and a processor, to implement the abstract idea. However, these elements fail to integrate the abstract idea into a practical application These elements have been fully considered, however they are directed to the use of generic computing elements to perform the abstract idea, which is not sufficient to amount to a practical application (as noted in the MPEP 2106) and is tantamount to simply saying “apply it” using a general purpose computer, which merely serves to tie the abstract idea to a particular technological environment by using the computer as a tool to perform the abstract idea, which is not sufficient to amount to particular application.
Accordingly, because the Step 2A Prong One and Prong Two analysis resulted in the conclusion that the claims are directed to an abstract idea, additional analysis under Step 2B of the eligibility inquiry must be conducted in order to determine whether any claim element or combination of elements amount to significantly more than the judicial exception.
With respect to Step 2B of the eligibility inquiry, it has been determined that the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional limitations are directed to: a server, application programming interface, a non-transitory computer-readable storage medium, and a processor. These elements have been considered, but merely serve to tie the invention to a particular operating environment, though at a very high level of generality and without imposing meaningful limitation on the scope of the claim. This does not amount to significantly more than the abstract idea, and it is not enough to transform an abstract idea into eligible subject matter. Such generic, high-level, and nominal involvement of a computer or computer-based elements for carrying out the invention merely serves to tie the abstract idea to a particular technological environment, which is not enough to render the claims patent-eligible, as noted at pg. 74624 of Federal Register/Vol. 79, No. 241, citing Alice, which in turn cites Mayo.
In addition, when taken as an ordered combination, the ordered combination adds nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements integrates the abstract idea into a practical application. Their collective functions merely provide conventional computer implementation. Therefore, when viewed as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a practical application of the abstract idea or that the ordered combination amounts to significantly more than the abstract idea itself.
The dependent claims have been fully considered as well, however, similar to the finding for claims above, these claims are similarly directed to the abstract idea of concepts of particulars of risk score calculations, without integrating it into a practical application and with, at most, a general purpose computer that serves to tie the idea to a particular technological environment, which does not add significantly more to the claims. The ordered combination of elements in the dependent claims (including the limitations inherited from the parent claim(s)) add nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation. Accordingly, the subject matter encompassed by the dependent claims fails to amount to significantly more than the abstract idea.
Allowable Subject Matter
Claims 1 – 15 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 101 set forth in this Office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/AMANDA GURSKI/Primary Examiner, Art Unit 3625