DETAILED ACTION
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 .
Status of Claims
This action is in reply to the communication(s) filed on 24 June 2026.
Claims 1, 3-4, 6, 9, 16, and 19 are amended.
Claim(s) 1-20 is/are currently pending and have been examined.
Response to Arguments
Applicant's arguments filed 24 June 2026 have been fully considered but they are not persuasive.
35 U.S.C. §112(b) Rejections
The claims have been amended to address the objection(s)/rejection(s) presented in the prior Office Action. Accordingly, Examiner withdraws the corresponding objection(s)/rejection(s).
35 U.S.C. §101 Rejections
Step 2A Prong Two
Applicant argues that the claims require specific sensor hardware that collects physical measurements from the real world and uses that data to generate the home score and that this represents a meaningful integration of the alleged judicial exception into a practical application because the claims are tied to specific technological components that gather and process real-world data. Examiner respectfully disagrees. “The courts often cite to Parker v. Flook as providing a classic example of a field of use limitation. See, e.g., Bilski v. Kappos, 561 U.S. 593, 612, 95 USPQ2d 1001, 1010 (2010) ("Flook established that limiting an abstract idea to one field of use or adding token postsolution components did not make the concept patentable") (citing Parker v. Flook, 437 U.S. 584, 198 USPQ 193 (1978)). In Flook, the claim recited steps of calculating an updated value for an alarm limit (a numerical limit on a process variable such as temperature, pressure or flow rate) according to a mathematical formula "in a process comprising the catalytic chemical conversion of hydrocarbons." 437 U.S. at 586, 198 USPQ at 196. Processes for the catalytic chemical conversion of hydrocarbons were used in the petrochemical and oil-refining fields. Id. Although the applicant argued that limiting the use of the formula to the petrochemical and oil-refining fields should make the claim eligible because this limitation ensured that the claim did not preempt all uses of the formula, the Supreme Court disagreed. 437 U.S. at 588-90, 198 USPQ at 197-98. Instead, the additional element in Flook regarding the catalytic chemical conversion of hydrocarbons was not sufficient to make the claim eligible, because it was merely an incidental or token addition to the claim that did not alter or affect how the process steps of calculating the alarm limit value were performed. Further, the Supreme Court found that this limitation did not amount to an inventive concept. 437 U.S. at 588-90, 198 USPQ at 197-98. The Court reasoned that to hold otherwise would "exalt[] form over substance", because a competent claim drafter could attach a similar type of limitation to almost any mathematical formula. 437 U.S. at 590, 198 USPQ at 197.” See MPEP 2106.05(h). The recitation of water flow sensors or airflow sensors does not alter or affect how the process steps of determining a home score are performed. These elements do not integrate the judicial exception into a practical application.
Applicant argues that the ordered combination of initially generating the overall home score and subsequently modifying the overall home score based upon the insurance claim improves accuracy of the overall home score, thereby improving technical functioning. Examiner respectfully disagrees. The MPEP clarifies how additional elements can impose meaningful limits on a recited judicial exception:
“Consideration of improvements is relevant to the eligibility analysis regardless of the technology of the claimed invention. That is, the consideration applies equally whether it is a computer-implemented invention, an invention in the life sciences, or any other technology. See, e.g., Rapid Litigation Management v. CellzDirect, Inc., 827 F.3d 1042, 119 USPQ2d 1370 (Fed. Cir. 2016), in which the court noted that a claimed process for preserving hepatocytes could be eligible as an improvement to technology because the claim achieved a new and improved way for preserving hepatocyte cells for later use, even though the claim is based on the discovery of something natural. Notably, the court did not distinguish between the types of technology when determining the invention improved technology. However, it is important to keep in mind that an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology. For example, in Trading Technologies Int’l v. IBG, 921 F.3d 1084, 1093-94, 2019 USPQ2d 138290 (Fed. Cir. 2019), the court determined that the claimed user interface simply provided a trader with more information to facilitate market trades, which improved the business process of market trading but did not improve computers or technology.” (MPEP 2106.05(a)(II))
Drawing attention to the emphasized section, an improvement in the judicial exception itself is not an improvement in technology. In the current case, regardless of whether or not applicant’s invention improves the recited judicial exception, improving a method, algorithm, or process of a judicial exception absent of any technological modification, would be an improvement to the judicial exception (e.g. via the improvement in the efficiency of the judicial exception), but does not improve computers or technology.
Step 2B
Applicant argues that the claims are eligible for reasons similar to Example 45. Examiner respectfully disagrees. As cited, the use of the specific ARCXY thermocouple was not well-known in the injection molding context. Unlike in Example 45, Applicant’s claims do not recite any specific sensors or particular tools, but rather any generic airflow or water flow sensor. The Claims are not analogous to Example 45.
Applicant argues that the ordered combination represents an unconventional ordered combination that improves the accuracy of the home score. Examiner respectfully disagrees. “Although the conclusion of whether a claim is eligible at Step 2B requires that all relevant considerations be evaluated, most of these considerations were already evaluated in Step 2A Prong Two. Thus, in Step 2B, examiners should:
• Carry over their identification of the additional element(s) in the claim from Step 2A Prong Two;
• Carry over their conclusions from Step 2A Prong Two on the considerations discussed in MPEP §§ 2106.05(a) - (c), (e) (f) and (h):
• Re-evaluate any additional element or combination of elements that was considered to be insignificant extra-solution activity per MPEP § 2106.05(g), because if such re-evaluation finds that the element is unconventional or otherwise more than what is well-understood, routine, conventional activity in the field, this finding may indicate that the additional element is no longer considered to be insignificant; and
• Evaluate whether any additional element or combination of elements are other than what is well-understood, routine, conventional activity in the field, or simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, per MPEP § 2106.05(d)” (See MPEP 2106.05(II)).
In both the prior and instant Office Action, the conclusions from Step 2A Prong Two are equally applied in Step 2B which further re-evaluates additional elements which are considered to be insignificant extra-solution activity and evaluates these elements as per MPEP §2106.05(d) to be well-understood, routine, and conventional activity. Said elements which are considered to be insignificant extra-solution activity are evaluated as well-understood, routine, and conventional as per the evidentiary requirements detailed in MPEP §2106.07(a)(III) utilizing option (B) via citation to one or more of the court decisions discussed in MPEP §2106.05(d)(II). Thus, there are no further elements to evaluate under Step 2B. Most considerations relating to any additional elements were already evaluated in Step 2A Prong Two and thus do not require further re-evaluation in Step 2B. As such Examiner incorporates their response regarding improvements to the abstract idea herein.
35 U.S.C. §§102 and 103 Rejections
Applicant’s arguments with respect to claim(s) 1, 16, and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Step 1 of the 101 Analysis:
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recites a method, device, and system for home scores determined from claims data. These are a process and two machines which are within the four categories of statutory subject matter.
Step 2A Prong 1 of the 101 Analysis:
The following limitations and/or similar versions are recited in claim(s) 1, 16 and 19:
Claim(s) 1, 16 and 19:
“generating,…, an overall home score for a subject property based at least in part upon the sensor data;”
“receiving,…, insurance claim data for an insurance claim corresponding to the subject property, wherein the insurance claim data includes (i) a monetary amount of the insurance claim, and/or (ii) a category of the insurance claim;”
“modifying,…, the overall home score based upon the insurance claim data;”
“displaying,…, the overall home score.”
These limitations, as drafted, are a process that, under its broadest reasonable interpretation, describes Fundamental Economic Principles or Practices but for the recitation of generic computer components. That is, other than reciting “computer-implemented”, “via one or more processors”, “a computer device”, “one or more processors” or “one or more non-transitory memories, the one or more non-transitory memories having stored thereon computer-executable instructions that, when executed by the one or more processors, cause the one or more processors to:” nothing in the claims’ elements precludes the steps from practically describing Fundamental Economic Principles or Practices. For example, but for the recited computer language, the limitations in the context of this claim describes Insurance. Insurance is described when generating, modifying, displaying, and collecting information for a home score. If a claim limitations, under their broadest reasonable interpretation, describes Fundamental Economic Principles or Practices but for the recitation of generic computer components, then it falls within the “Certain Methods of Organizing Activity” grouping of abstract ideas.
Accordingly, the independent claims recite an abstract idea.
Step 2A Prong 2 of the 101 Analysis:
This judicial exception is not integrated into a practical application. In particular, the independent claim(s) recite the following (or similar) additional elements:
Claim 1:
“…via one or more processors…”
“receiving, via one or more processors, sensor data from a water flow sensor or airflow sensor;”
Claim 16:
“a computer device… the computer device comprising one or more processors configured to:”
“receiving, via one or more processors, sensor data from a water flow sensor or airflow sensor;”
Claim 19:
“one or more processors;”
“one or more non-transitory memories, the one or more non-transitory memories having stored thereon computer-executable instructions that, when executed by the one or more processors, cause the one or more processors to:”
“receiving, via one or more processors, sensor data from a water flow sensor or airflow sensor;”
The computer components (processors, device, and non-transitory memories) are recited at a high level of generality (i.e. as generic processors, a generic device, and generic storage) such that it amounts to no more than mere instructions to implement the judicial exception on a computer or by using a computer merely as a tool to perform an existing process. These element(s) in combination do not add anything that is not already present when the steps are considered separately. Simply implementing an abstract idea on a computer as a tool to perform an existing process is not indicative of integration into a practical application (See MPEP § 2106.05(f).)
The receiving step(s) are recited at a high-level of generality (i.e., as generally receiving) such that they amounts to no more than mere data gathering which is adding insignificant extra-solution activity. These element(s) in combination do not add anything that is not already present when the steps are considered separately. Simply adding insignificant extra-solution activity is not indicative of integration into a practical application (See MPEP § 2106.05(g).)
The use of water flow sensors and airflow sensors is implemented at a high level of generality (i.e. as simply using the technology) such that it amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use. These element(s) in combination do not add anything that is not already present when the steps are considered separately. Generally linking the use of the judicial exception to a particular technological environment or field of use is not indicative of integration into a practical application (See MPEP § 2106.05(h).)
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
The independent claims are directed to an abstract idea.
Step 2B of the 101 Analysis:
The claims do 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 elements identified in Step 2A Prong 2 (if any) amount to no more than mere instructions to implement the judicial exception on a computer or no more than mere data gathering or data outputting which only adds insignificant extra solution activity to the judicial exception. Accordingly, the Examiner in accordance with MPEP §2106.05(II):
• Carries over their identification of the additional element(s) in the claim from Step 2A Prong Two;
• Carries over their conclusions from Step 2A Prong Two on the considerations discussed in MPEP §§ 2106.05(a) - (c), (e) (f) and (h):
• Re-evaluates any additional element or combination of elements that was considered to be insignificant extra-solution activity per MPEP § 2106.05(g), because if such re-evaluation finds that the element is unconventional or otherwise more than what is well-understood, routine, conventional activity in the field, this finding may indicate that the additional element is no longer considered to be insignificant.
The claim elements which recite additional elements are:
Claim 1:
“…via one or more processors…”
“receiving, via one or more processors, sensor data from a water flow sensor or airflow sensor;”
Claim 16:
“a computer device… the computer device comprising one or more processors configured to:”
“receiving, via one or more processors, sensor data from a water flow sensor or airflow sensor;”
Claim 19:
“one or more processors;”
“one or more non-transitory memories, the one or more non-transitory memories having stored thereon computer-executable instructions that, when executed by the one or more processors, cause the one or more processors to:”
“receiving, via one or more processors, sensor data from a water flow sensor or airflow sensor;”
Examiner incorporates the corresponding rationale provided in Step 2A Prong Two herein by carrying over their conclusions from Step 2A Prong Two on the considerations discussed in MPEP §§ 2106.05(a) – (c), (e), (f) and (h).
These element(s) in combination do not add anything that is not already present when the steps are considered separately. Adding insignificant extra-solution activity cannot provide an inventive concept when the activities are well-understood routine and conventional. The courts have recognized the following computer functions as well-understood, routine, and conventional functions when they are claimed in a merely generic manner:
⦁ (for receiving various data) Receiving or transmitting data over a network, (See MPEP § 2106.05(d)(II)).
The independent claims are not patent eligible.
Dependent Claim(s) 2-15, 17-18, and 20 recite limitations that are similar to the abstract idea noted in the independent claims because they further narrow the independent claim(s) which recite one or more judicial exceptions. Accordingly, these claim elements do not serve to confer subject matter eligibility to the claims since they recite abstract ideas.
Claims 14-15 further recite additional elements including recitation of machine learning and training of machine learning algorithms. The use of machine learning and machine learning training is implemented at a high level of generality (i.e. as simply using the technologies) such that it amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use. These element(s) in combination do not add anything that is not already pre-sent when the steps are considered separately. Generally linking the use of the judicial exception to a particular technological environment or field of use is not indicative of integration into a practical application (See MPEP § 2106.05(h).)
The claims do 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 elements identified in Step 2A Prong 2 (if any) amount to no more than mere instructions to implement the judicial exception on a computer or no more than mere data gathering or data outputting which only adds insignificant extra solution activity to the judicial exception. Accordingly, the Examiner in accordance with MPEP §2106.05(II):
• Carries over their identification of the additional element(s) in the claim from Step 2A Prong Two;
• Carries over their conclusions from Step 2A Prong Two on the considerations discussed in MPEP §§ 2106.05(a) - (c), (e) (f) and (h):
• Re-evaluates any additional element or combination of elements that was considered to be insignificant extra-solution activity per MPEP § 2106.05(g), because if such re-evaluation finds that the element is unconventional or otherwise more than what is well-understood, routine, conventional activity in the field, this finding may indicate that the additional element is no longer considered to be insignificant.
The claim elements which recite additional elements are:
Claim 14:
“training a safety subscore machine learning algorithm by inputting historical information into the safety subscore machine learning algorithm,…”
“…machine learning…”
Claim 15:
“training a structural subscore machine learning algorithm by inputting historical information into the structural subscore machine learning algorithm,…”
“…machine learning…”
Examiner incorporates the corresponding rationale provided in Step 2A Prong Two herein by carrying over their conclusions from Step 2A Prong Two on the considerations discussed in MPEP §§ 2106.05(a) – (c), (e), (f) and (h).
These element(s) in combination do not add anything that is not already present when the steps are considered separately. Adding insignificant extra-solution activity cannot provide an inventive concept when the activities are well-understood routine and conventional. There are no elements in the independent claims which are considered as adding insignificant extra solution activity.
The claims are not patent eligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 7-8, 11-16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hedges et al. (US 2022/0405856 hereinafter Hedges) in view of Conway et al. (US 11,003,334 B1 hereinafter Conway).
Claim 1
A computer-implemented method for improved determination and display of a home score based upon water flow sensor data or airflow sensor data, the method comprising:
receiving, via one or more processors, sensor data from a water flow sensor or airflow sensor; (Hedges does not disclose a water flow sensor or airflow sensor.)
generating, via one or more processors, an overall home score for a subject property based at least in part upon the sensor data; (Hedges discloses an overall risk score for a house. See at least paragraphs [0014] and [0081]. Hedges discloses embodying the invention with one or more processors. See at least paragraph [0123]. Hedges does not disclose a water flow sensor or airflow sensor.)
receiving, via the one or more processors, insurance claim data for an insurance claim corresponding to the subject property, wherein the insurance claim data includes (i) a monetary amount of the insurance claim, and/or (ii) a category of the insurance claim; (Hedges discloses accessing (i.e. receiving) insurance claim data from data sources for a property. See at least paragraph [0033]. Hedges discloses the method can be performed for a single property (i.e. corresponding to the subject property). See at least paragraph [0032]. Hedges discloses model can be trained on claim loss amount and claim type. See at least paragraph [0102]. Hedges discloses embodying the invention with one or more processors. See at least paragraph [0123].)
modifying, via the one or more processors, the overall home score based upon the insurance claim data; and (Hedges discloses accessing (i.e. receiving) insurance claim data from data sources for a property. See at least paragraph [0033]. Hedges discloses attributes can be determined when new data is received. See at least paragraph [0039]. Hedges discloses overall risk score can be adjusted based on property attribute values (i.e. modified). See at least paragraphs [0020] and [0080]. Hedges discloses embodying the invention with one or more processors. See at least paragraph [0123].)
displaying, via the one or more processors, the overall home score. (Hedges discloses hazard score output and any of the data may be shown to a user. See at least paragraphs [0118]-[0119]. Hedges discloses embodying the invention with one or more processors. See at least paragraph [0123].)
Hedges does not disclose a water flow sensor or airflow sensor. Conway teaches that a home services system may include a water flow sensor and that said sensor data may correlate to risk scores. See at least column 22, lines 17-30 and column 21, lines 49-61.
It would be obvious to one of ordinary skill in the art before the effective filing date to use water sensors to impact risk score as taught by Conway for the risk scores of Hedges because Conway additionally teaches the motivation that the water flow sensors may be used to detect overall patterns and detect anomalies such as unexpected water usage times and burst pipes. See at least column 22, lines 17-30
Claim 2
The computer-implemented method of claim 1, further including:
prior to the modifying the overall home score, modifying, via the one or more processors, a subscore of the overall home score based upon the insurance claim data; (Hedges discloses attributes can be determined (i.e. subscores) when new data is received. See at least paragraph [0039]. Hedges discloses overall risk score can be based on an adjusting a previously determined attribute value (i.e. overall home score is modified after new attribute data subscore is received and altered). See at least paragraphs [0020], [0062] and [0080]. Hedges discloses accessing (i.e. receiving) insurance claim data from data sources for a property. See at least paragraph [0033].)
wherein the modifying the overall home score includes modifying the overall home score based upon the modified subscore. (Hedges discloses overall risk score can be based on an adjusting a previously determined attribute value (i.e. modified after new attribute data subscore is received and altered). See at least paragraphs [0020], [0062] and [0080].)
Claim 3
The computer-implemented method of claim 1, wherein the insurance claim data includes the category of the insurance claim, wherein the modifying includes modifying the overall home score based upon the category of the insurance claim, and wherein the category is at least one of: (Hedges discloses inputs may be severity of prior hazard events including hazard types (i.e. category of insurance claim) e.g., hail size, wind speeds, wildfire boundary, fire damage severity, flood magnitude, etc. See at least paragraph [0074])
a fire damage category; (Hedges discloses inputs may be “severity of prior hazard events (e.g., hail size, wind speeds, wildfire boundary, fire damage severity, flood magnitude, etc.)” See at least paragraph [0074]. Examiner notes relevant category is added emphasis.)
a water damage category; (Hedges discloses inputs may be “severity of prior hazard events (e.g., hail size, wind speeds, wildfire boundary, fire damage severity, flood magnitude, etc.)” See at least paragraph [0074]. Examiner notes relevant category is added emphasis.)
an ice damage category; (Hedges discloses inputs may be “severity of prior hazard events (e.g., hail size, wind speeds, wildfire boundary, fire damage severity, flood magnitude, etc.)” See at least paragraph [0074]. Examiner notes relevant category is added emphasis. Examiner further notes that the BRI of ice damage includes hail damage.)
a hail damage category; (Hedges discloses inputs may be “severity of prior hazard events (e.g., hail size, wind speeds, wildfire boundary, fire damage severity, flood magnitude, etc.)” See at least paragraph [0074]. Examiner notes relevant category is added emphasis.)
a wind damage category; (Hedges discloses inputs may be “severity of prior hazard events (e.g., hail size, wind speeds, wildfire boundary, fire damage severity, flood magnitude, etc.)” See at least paragraph [0074]. Examiner notes relevant category is added emphasis.)
a crime category; (Examiner notes the claim elements are recited in the alternative.)
a total loss category; and/or (Hedges discloses attributes may be correlated to loss severity. See at least paragraph [0067]. Examiner notes correlating to loss severity is equivalent function to total loss category.)
a personal liability category. (Examiner notes the claim elements are recited in the alternative.)
Claim 4
The computer-implemented method of claim 1, wherein the insurance claim data includes the monetary amount of the insurance claim, and wherein the modifying the overall home score includes modifying, via the one or more processors, the overall home score proportionally to the monetary amount of the insurance claim. (Hedges discloses model can be trained using claim loss amount (i.e. proportional to the monetary amount). See at least paragraph [0102]. Hedges discloses attributes models (i.e. scores) correlating with a given metric (i.e. proportional). See at least paragraph [0067].)
Claim 5
The computer-implemented method of claim 1, further including:
determining, via the one or more processors, that the subject property has not had an additional insurance claim filed within a predetermined time period; and (Hedges discloses determining claim occurrence by whether or not a claim was submitted for a property within a given time period (i.e. determining if a claim has not been submitted within a time period). See at least paragraph [0072].)
in response to the determination that the subject property has not had the additional insurance claim filed within the predetermined time period, increasing, via the one or more processors, the overall home score by a predetermined amount. (Hedges discloses determining whether or not a claim was submitted for a property within a given time period as a key metric for a score, wherein the key metric can affect the score. See at least paragraphs [0072] and [0081]. Although Hedges does disclose the above, they might not explicitly disclose the score increasing when there is an absence of filed claims in the predetermined period.
It would be obvious to one of ordinary skill in the art before the effective filing date to positively affect a safety score (i.e. equivalently lower a risk score) when there are no claim filing in a predetermined period because there are a finite number of ways to correlate these variables (i.e. up/down, up/up, down/down and down/up or stay the same) and only one financially logical choice (the claimed choice) in the context of insurance if the score is changing. Ergo, it would be obvious to employ the one financially logical choice as being obvious to try the one logical choice. See MPEP §2143(I)(E).)
Claim 7
The computer-implemented method of claim 1, wherein:
the insurance claim data includes data for a plurality of insurance claims, and the insurance claim is included in the plurality of insurance claims; and (Hedges discloses multiple insurance claim data sources and multiple claims. See at least paragraphs [0033] and [0068]. Hedges discloses the method may be for a single property (i.e. the insurance claim is included in the plurality of insurance claims). See at least paragraph [0032].)
the method further includes:
determining, via the one or more processors, insurance claims of the plurality of insurance claims within a predetermined time period; (Hedges discloses determining whether or not a claim was submitted for a property within a given time period. See at least paragraph [0072]. Hedges discloses training the model based on claim frequency (i.e. determining claims within a predetermined time period). See at least paragraphs [0029] and [0072].)
modifying, via the one or more processors, the overall home score based upon data of the insurance claims determined to be within the predetermined time period; and (Hedges discloses determining whether or not a claim was submitted for a property within a given time period as a key metric for a score, wherein the key metric can affect the score. See at least paragraphs [0072] and [0081].)
not modifying, via the one or more processors, the overall home score based upon data of the insurance claims determined not to be within the predetermined time period. (Hedges discloses determining whether or not (i.e. claims are not present) a claim was submitted for a property within a given time period as a key metric for a score, wherein the key metric can affect the score (i.e. since it can affect the score it does not have to affect the score). See at least paragraphs [0072] and [0081]. Hedges discloses training the model based on claim frequency (i.e. determining claims within a predetermined time period). See at least paragraphs [0029] and [0072].)
Claim 8
The computer-implemented method of claim 1, wherein:
the insurance claim data includes data for a plurality of insurance claims, and the insurance claim is included in the plurality of insurance claims; and (Hedges discloses multiple insurance claim data sources and multiple claims. See at least paragraphs [0033] and [0068]. Hedges discloses the method may be for a single property (i.e. the insurance claim is included in the plurality of insurance claims). See at least paragraph [0032].)
the method further includes:
receiving, via the one or more processors, a seasonal predetermined time period, and a seasonal category; (Hedges discloses determining temporary attributes including seasonal time periods and seasonal attributes (i.e. seasonal predetermined time period) such as snow aggregation (i.e. seasonal category). See at least paragraphs [0053] and [0066].)
determining, via the one or more processors, that no insurance claims of the plurality of insurance claims were: (i) placed within the seasonal predetermined time period, and/or (ii) have a same category as the seasonal category; and (Hedges discloses determining whether or not a claim was submitted for a property within a given time period. See at least paragraph [0072].)
in response to the determination that no insurance claims of the plurality of insurance claims were: (i) placed within the seasonal predetermined time period, and/or (ii) have the same category as the seasonal category, increasing, via the one or more processors, the overall home score. (Hedges discloses determining whether or not a claim was submitted for a property within a given time period as a key metric for a score, wherein the key metric can affect the score. See at least paragraphs [0072] and [0081]. Although Hedges does disclose the above, they might not explicitly disclose the score increasing when there is an absence of filed claims in the predetermined period.
It would be obvious to one of ordinary skill in the art before the effective filing date to positively affect a safety score (i.e. equivalently lower a risk score) when there are no claim filing in a predetermined period because there are a finite number of ways to correlate these variables (i.e. up/down, up/up, down/down and down/up or stay the same) and only one financially logical choice (the claimed choice) in the context of insurance if the score is changing. Ergo, it would be obvious to employ the one financially logical choice as being obvious to try the one logical choice. See MPEP §2143(I)(E).)
Claim 11
The computer-implemented method of claim 1, wherein the generating includes generating the overall home score based upon a structural subscore of the subject property, and wherein the method further includes determining, via the one or more processors, the structural subscore based upon: a structural grade, and/or a home age. (Hedges discloses attributes including structural attributes and property-specific risk score including built year (i.e. home age), material, and roof geometry. See at least paragraphs [0016] and [0024]. Hedges discloses binning hazard scores based on claim severity (i.e. grading). See at least paragraph [0077].)
Claim 12
The computer-implemented method of claim 1, wherein the generating includes generating the overall home score based upon a plumbing subscore of the subject property, and wherein the method further includes determining, via the one or more processors, the plumbing subscore based upon: a plumbing grade, and/or a date of a most recent plumbing inspection. (Hedges discloses determining a property-specific risk score. See at least paragraph [0024]. Hedges discloses condition-related attributes can include pool condition (i.e. plumbing subscore). See at least paragraphs [0053] and [0056]. Hedges discloses binning hazard scores based on claim severity (i.e. plumbing grading). See at least paragraph [0077].)
Claim 13
The computer-implemented method of claim 1, wherein the generating includes generating the overall home score based upon an appliances subscore of the subject property, and wherein the method further includes determining, via the one or more processors, the appliances subscore based upon: an energy grade, an appliances maintenance grade, and/or a heating, ventilation, and air conditioning (HVAC) attribute. (Hedges discloses determining a property-specific risk score. See at least paragraph [0024]. Hedges discloses determining property components including HVAC systems (HVAC attribute). See at least paragraph [0035]. Hedges discloses determining energy/gas usage as a condition-related attribute (energy grade). See at least paragraph [0056]. Hedges discloses binning hazard scores based on claim severity (i.e. grading). See at least paragraph [0077].)
Claim 14
The computer-implemented method of claim 1, wherein the generating includes generating the overall home score based upon a safety subscore of the subject property, and the method further includes: (Hedges discloses determining a hazard exposure risk or vulnerability score (i.e. safety subscore). See at least paragraphs [0017] and [0025].)
training a safety subscore machine learning algorithm by inputting historical information into the safety subscore machine learning algorithm, the historical information including: (i) independent variables comprising (a) historical fire protection attributes, (b) historical weather hazard attributes, (c) historical crime attributes, and/or (d) historical insurance claim data; and/or (ii) dependent variables comprising historical safety subscores; and (Hedges discloses determining a hazard exposure risk or vulnerability score (i.e. safety subscore). See at least paragraphs [0017] and [0025]. Hedges discloses training a deep learning or machine learning model for their models (i.e. independent variables). See at least paragraphs [0062] and [0067]. Hedges discloses training the risk model based on historical insurance claim data. See at least paragraph [0019]. Hedges discloses training based on historical wildfire damage (i.e. historical weather hazard attribute). See at least paragraph [0102].)
determining the safety subscore by routing information of properties into the trained safety subscore machine learning algorithm. (Hedges discloses determining a hazard exposure risk or vulnerability score (i.e. safety subscore). See at least paragraphs [0017] and [0025]. Hedges discloses training a deep learning or machine learning model. See at least paragraphs [0062] and [0067]. Hedges discloses inputting a set of properties into the hazard model to obtain output. See at least paragraph [0077].)
Claim 15
The computer-implemented method of claim 1, wherein the generating includes generating the overall home score based upon a structural subscore of the subject property, and the method further includes: (Hedges discloses attributes including structural attributes and property-specific risk score including built year (i.e. home age), material, and roof geometry (i.e. structural subscore). See at least paragraphs [0016] and [0024].)
training a structural subscore machine learning algorithm by inputting historical information into the structural subscore machine learning algorithm, the historical information comprising: (i) independent variables including: (a) historical structural grades, (b) historical home ages, and/or (c) historical insurance claim data; and/or (ii) dependent variables comprising historical structural subscores; (Hedges discloses training deep learning or machine learning models for their models. See at least paragraphs [0062] and [0067]. Hedges discloses risk model can be trained on historical insurance claim data. See at least paragraph [0019].)
determining the structural subscore by routing information of properties into the trained structural subscore machine learning algorithm. (Hedges discloses attributes including structural attributes and property-specific risk score including built year (i.e. home age), material, and roof geometry. See at least paragraphs [0016] and [0024]. Hedges discloses training a deep learning or machine learning model. See at least paragraphs [0062] and [0067]. Hedges discloses inputting a set of properties into the hazard model to obtain output. See at least paragraph [0077].)
Claim 16
A computer device for improved determination and display of a home score based upon insurance claim data, the computer device comprising one or more processors configured to: (Hedges discloses a computer device for embodying the invention. See at least paragraph [0123].)
…
The remainder of Claim 16 is substantially similar to the corresponding elements in Claim 1 and is therefore rejected using similar reasoning.
Claim 19
A computer system for improved determination and display of a home score based upon insurance claim data, the computer system comprising: (Hedges discloses a computer device comprising processors for embodying the invention. See at least paragraph [0123].)
one or more processors; and (Hedges discloses a computer device comprising processors for embodying the invention. See at least paragraph [0123].)
receive insurance claim data for an insurance claim corresponding to the subject property, wherein the insurance claim data includes (i) a monetary amount of the insurance claim, and/or (ii) a category of the insurance claim; (Hedges discloses accessing (i.e. receiving) insurance claim data from data sources for a property. See at least paragraph [0033]. Hedges discloses the method can be performed for a single property (i.e. corresponding to the subject property). See at least paragraph [0032]. Hedges discloses model can be trained on claim loss amount and claim type. See at least paragraph [0102]. Hedges discloses embodying the invention with one or more processors. See at least paragraph [0123].)
…
The remainder of Claim 19 is substantially similar to the corresponding elements in Claim 1 and is therefore rejected using similar reasoning.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hedges et al. (US 2022/0405856 hereinafter Hedges) in view of Conway et al. (US 11,003,334 B1 hereinafter Conway) further in view of Saha et al. (US 2021/0073692 A1 hereinafter Saha).
Claim 6
The computer-implemented method of claim 1, wherein the category is a first category, and the method further includes:
determining, via the one or more processors, a second category based upon a geographic area of the subject property; (Hedges discloses property attributes can include vegetation information or zoning information (i.e. category based upon a geographic area of the subject property). See at least paragraphs [0049], [0053] and [0056].)
determining, via the one or more processors, that the first category matches the second category; and (Hedges discloses determining if multiple geographic regions share or do not share environmental commonalities. See at least paragraph [0098].)
in response to the determining that the first category matches the second category, further modifying, via the one or more processors, the overall home score. (Although Hedges does disclose modifying a home score based on risk, and does disclose determining if multiple geographic regions share or do not share environmental commonalities. They might not explicitly disclose using said determining as a risk metric for modifying their risk score. Saha teaches a vegetation detection sensor system where sensors monitor current state of vegetation proximity and analyze said data alongside historic vegetation data as risk alert data. See at least paragraphs [0011], [0060], [0090] and [0123].
It would be obvious to one of ordinary skill in the art before the effective filing date to use vegetation sensor data as risk alert metrics as taught by Saha for risk metrics in Hedges because Saha additionally teaches the motivation that vegetation growth and wind effects poses risk to utility infrastructure. See at least paragraphs [0007] and [0123].
Also, using vegetation sensor data as risk alert metrics as taught by Saha for risk metrics in Hedges is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.)
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hedges et al. (US 2022/0405856 hereinafter Hedges) in view of Conway et al. (US 11,003,334 B1 hereinafter Conway) further in view of Carbery et al. (US 11,216,887 B1 hereinafter Carbery).
Claim 9
The computer-implemented method of claim 1, wherein the generating includes generating the overall home score based upon a safety subscore of the subject property, and wherein the method further includes determining, via the one or more processors, the safety subscore based upon: fire protection attributes, weather hazard attributes, and crime attributes. (Hedges discloses determining a hazard exposure risk or vulnerability score (i.e. safety subscore). See at least paragraphs [0017] and [0025]. Hedges discloses overall risk score may be conditional on hazard exposure and predicted based on another hazard score or any other suitable information. See at least paragraph [0081]. Hedges discloses hazard inputs including fire station locations (i.e. fire protection attributes) and weather hazard data (i.e. weather hazard attributes). See at least paragraph [0074]. Hedges does not disclose crime attributes.)
Hedges does not disclose crime attributes. Carbery discloses determining likelihood of burglary. See at least column 8, lines 54-60 and column 9, lines 12-35.
It would be obvious to one of ordinary skill in the art before the effective filing date to include likelihood of burglary as taught by Carbery in the system of Hedges because Carbery additionally teaches the motivation that crime statistics influence insurance requirements. See at least column 8, lines 54-60 and column 9, lines 12-35.
Claim 10
The computer-implemented method of claim 9, wherein:
the fire protection attributes include a grade based upon a distance from a property to water and/or a distance from the property to a fire station; (Hedges discloses hazard inputs including fire station locations (i.e. fire protection attributes) and weather hazard data (i.e. weather hazard attributes). See at least paragraph [0074]. Hedges discloses binning hazard scores based on claim severity (i.e. grading). See at least paragraph [0077].)
the weather hazard attributes include: an earthquake grade, a wind grade, a hail grade, a tornado grade, a lightning grade, a flood grade, a wildfire grade, a drought grade, a tsunami grade, a hurricane grade, a volcano grade, a wind born debris grade, a costal storm surge grade, and/or a convection storm grade; and (Hedges discloses hazard inputs including fire station locations (i.e. fire protection attributes) and weather hazard data (i.e. weather hazard attributes). See at least paragraph [0074]. Hedges discloses hazard score may be associated with wildfire, flood, hail, wind or tornados. See at least paragraph [0014]. Hedges discloses binning hazard scores based on claim severity (i.e. grading). See at least paragraph [0077].)
the crime attributes include (i) a burglary grade based upon a burglary likelihood, and/or (ii) a motor vehicle theft grade based upon a motor vehicle theft likelihood. (Hedges discloses binning hazard scores based on claim severity (i.e. grading). See at least paragraph [0077]. Hedges does not disclose crime attributes.)
Hedges does not disclose crime attributes. Carbery discloses determining likelihood of burglary. See at least column 8, lines 54-60 and column 9, lines 12-35.
It would be obvious to one of ordinary skill in the art before the effective filing date to include likelihood of burglary as taught by Carbery in the system of Hedges because Carbery additionally teaches the motivation that crime statistics influence insurance requirements. See at least column 8, lines 54-60 and column 9, lines 12-35.
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hedges et al. (US 2022/0405856 hereinafter Hedges) in view of Conway et al. (US 11,003,334 B1 hereinafter Conway) further in view of Buehrle et al. (US 12,073,477 B1 hereinafter Buehrle).
Claim 17
The computer device of claim 16, wherein the one or more processors are further configured to:
present one or more insights to a user corresponding to the subject property; and (Hedges does not disclose insights.)
if an indication received from the user indicates that at least one insight of the one or more insights has been completed, update the overall home score for the subject property. (Hedges does not disclose insights.)
Although Hedges does disclose a display they might not explicitly disclose the features of Claim 17. Buehrle teaches a user being recommended a maintenance procedure including fixing a broken pipe, that if completed within a period would reduce a risk factor (i.e. update the overall home score) associated with their smart hope. See at least column 5, lines 11-34.
It would be obvious to one of ordinary skill in the art before the effective filing date to including the maintenance procedures of Buehrle in the system of Hedges because Hedges additionally teaches the motivation that the disclosed systems and methods may analyze home activity and subsequently provide accurate warnings, notifications, and other information related to a risk associated with the smart home to a user. See at least column 5, lines 11-34.
Also, including the maintenance procedures of Buehrle in the system of Hedges is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim 18
The computer device of claim 17, wherein the one or more insights include:
replacing a smoke detector battery; (This limitation is recited in the alternative.)
installing a support beam; (This limitation is recited in the alternative.)
replacing at least one pipe; (See the combination with Buehrle for fixing a broken pipe.)
replacing an air filter; and/or (This limitation is recited in the alternative.)
installing a water sensor. (This limitation is recited in the alternative.)
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hedges et al. (US 2022/0405856 hereinafter Hedges) in view of Conway et al. (US 11,003,334 B1 hereinafter Conway) further in view of Buehrle et al. (US 12,073,477 B1 hereinafter Buehrle) further in view of Lekas (US 2023/0252576 A1 hereinafter Lekas).
Claim 20
The computer system of claim 19, the one or more non-transitory memories having stored thereon computer-executable instructions that, when executed by the one or more processors, cause the one or more processors to: (Hedges discloses non-transitory computer-readable media storing instructions executed by a processor. See at least paragraph [0123].)
present one or more insights to a user corresponding to the subject property; (This limitation is taught by the combination with Buehrle as shown above in Claim 17.)
if an indication received from the user indicates that at least one insight of the one or more insights has been completed, request, from the user, imagery data associated with the at least one insight; (Buehrle teaches collecting an indication form the user that the maintenance has been completed as shown above in Claim 17. The combination of Hedges/Buehrle does not disclose imagery data.)
receive the imagery data from the user; (The combination of Hedges/Buehrle does not disclose imagery data.)
verify that the at least one insight has been completed based upon the imagery data; and (Buehrle teaches collecting an indication form the user that the maintenance has been completed as shown above in Claim 17. The combination of Hedges/Buehrle does not disclose imagery data.)
in response to the verification, update the overall home score for the subject property. (This limitation is taught by the combination with Buehrle as shown above in Claim 17.)
Although the combination of the combination of Hedges/Buehrle does not disclose imagery data. Lekas teaches using cameras and images to verify the condition of a building. See at least paragraph [0036].
It would be obvious to one of ordinary skill in the art before the effective filing date to include verifying condition using imagery data as taught by Lekas in the combined system of Hedges/Buehrle because Lekas additionally teaches the motivation that The information may be used in supplementing or verifying information regarding the insurable area to make an insurance decision (e.g., value or condition decisions). See at least paragraph [0036].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dawson et al. (US 2023/0222610 A1) discloses recommendations for water pipe replacement and virtual reinspection using cameras to confirm that the recommendation was performed.
Geng et al. (“Evaluation of Smart Home Systems and Novel UV-Oriented Solution for Integration, Resilience, Inclusiveness & Sustainability”) discloses smart home data acquisition for insurance.
Rix et al. (WO 2023/275181 A1) discloses determining risk measurement of livening individuals including property.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J HILMANTEL whose telephone number is (571)272-8984. The examiner can normally be reached M-F 8:30AM-5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abhishek Vyas can be reached at (571) 270-1836. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM HILMANTEL/Examiner, Art Unit 3691
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