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
Claims 1-20 are pending in this instant application per original claims filed on 03/31/2025 by Applicant. Claims 1, 11 and 20 are three independent claims reciting method, system and non-transitory computer-readable storage medium claims. Claims 2-10, 12-19 and none are respective dependent claims.
Three/3 IDSs have been filed by the Applicant so far on 04-08-2025, 04-08-2025 and 08-07-2025 that have been considered and entered.
This Office Action is a non-final rejection on merits in response to the original claims filed by the Applicant on 31 MARCH 2025 for its original application of the same date that is titled: “SYSTEMS AND METHODS FOR PREDICTIVELY GENERATING AN INSURANCE CLAIM”.
Accordingly, pending Claims 1-20 are now being rejected herein.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office Action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 of the instant application (19/096048) are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of U.S. Patent No. 12,282,966 (parent application no. 18/134915), as shown in Comparison Table of Claims 1-20, as exemplary analysis, for both applications are copied below.
Comparison of Claims between child 19/096048 and parent 18/134915
Child 19/096048
claims listing of 03/31/2025
Parent 18/134195
claims listing of 04/14/2023
1. A computer-implemented method of predicting insurance claim filings related to damage to a property that is populated with a plurality of devices, each of the plurality of devices configured to monitor various conditions associated with the property, the method comprising:
receiving, at a smart controller or a server, a first set of sensor data from the plurality of devices;
based upon at least the first set of sensor data, predicting, by one or more processors of the smart controller or the server, that an insurance claim will be filed;
based on the prediction, activating, by the one or more processors via a first wired or wireless communication network, the plurality of devices to transmit a second set of sensor data, wherein the second set of data includes supporting data related to the predicted insurance claim;
automatically generating, by the one or more processors, a proposed insurance claim based upon an analysis of at least the second set of sensor data;
and
transmitting, to a mobile device or other communications device of an individual associated with the property, the proposed insurance claim to facilitate review, approval, or modification of the proposed insurance claim by the individual.
2. The computer-implemented method of claim 1, wherein the predicted insurance claim is related to at least one of:
a storm system, a fire or wildfire, an equipment failure, a national or local emergency, an earthquake or aftershock, a tsunami, an oil spill, or a volcano eruption.
3. The computer-implemented method of claim 1, further comprising:
identifying, by the one or more processors, (i) a first cause of loss for damage to the property, and (ii) a second cause of loss for the damage to the property;
determining, by the one or more processors, (i) a first portion of a total amount of damage associated with the first cause of loss and (ii) a second portion of the total amount of damage associated with the second cause of loss;
assigning, by the one or more processors, a percentage of the total amount of damage attributed to each of the first and second causes of loss; and calculating, by the one or more processors, a first amount of damage attributed to the first cause of loss and a second amount of damage attributed to the second cause of loss.
4. The computer-implemented method of claim 3, wherein assigning the percentage of the total amount of damage comprises:
determining, by the one or more processors, that the second set of data indicates that the first cause of loss enabled the second cause of loss to occur;
and
assigning, by the one or more processors, a higher percentage to the first cause of loss and a smaller percentage to the second cause of loss.
5. The computer-implemented method of claim 3, wherein generating the proposed insurance claim comprises:
prepopulating, by the one or more processors, the proposed insurance claim with the total amount of damage, the first and second causes of loss, and the amount of damage associated with each of the first and second causes of loss.
6. The computer-implemented method of claim 1, further comprising:
receiving, from the individual, an acceptance of or modification to the proposed insurance claim;
transmitting, to an insurance provider associated with the property, the accepted or modified insurance claim;
and
receiving, from the insurance provider, a response to the accepted or modified insurance claim.
7. The computer-implemented method of claim 6, wherein receiving the response to the accepted or modified insurance claim comprises:
receiving at least one of:
a confirmation that the accepted or modified insurance claim has been processed, a recommendation for replacement equipment to protect against future insurance-related events, or an evaluation of how equipment associated with the property withstood the insurance-related event.
8. The computer-implemented method of claim 1, wherein predicting that an insurance claim will be filed comprises at least one of:
analyzing, by the one or more processors, the first set of data to determine if at least one of the plurality of devices is about to fail, or receiving, via a second communication network or wireless communication, an alert from an insurance provider associated with the property indicating that an insurance-related event is imminent.
9. The computer-implemented method of claim 1, wherein the sensor data recorded by the plurality of devices comprises at least one of:
time-stamped audio data, status data, visual data captured on the property, or visual data captured above the property.
10. The computer-implemented method of claim 1, wherein receiving the second set of sensor data comprises:
receiving at least one of:
sensor data recorded before an insurance-related event occurred, sensor data recorded during the insurance-related event, or sensor data record after the insurance-related event.
11. A system for predicting insurance claim filings related to damage to a property that is populated with a plurality of devices, each of the plurality of devices configured to monitor various conditions associated with the property, the system comprising a smart controller or a server that comprises:
a communication module adapted to communicate data;
a memory adapted to store non-transitory computer executable instructions;
and
one or more processors adapted to interface with the communication module, wherein the one or more processors are configured to execute the non-transitory computer executable instructions to cause the one or more processors to:
receive, via the communication module, a first set of sensor data from the plurality of devices;
based upon at least the first set of sensor data, predict, by one or more processors, that an insurance claim will be filed;
based on the prediction, activate, via the communication module, the plurality of devices to transmit a second set of sensor data, wherein the second set of data includes supporting data related to the predicted insurance claim;
automatically generate, by the one or more processors, a proposed insurance based upon an analysis of at least the second set of sensor data;
and
transmit, to a mobile device of an individual associated with the property via the communication module, the proposed insurance claim for review, approval, or modification by the individual.
12. The system of claim 11, wherein the insurance-related event is related to at least one of:
a storm system, a fire or wildfire, an equipment failure, a national or local emergency, an earthquake or aftershock, a tsunami, an oil spill, or a volcano eruption.
13. The system of claim 11, wherein the one or more processors are further configured to execute the non-transitory computer executable instructions to cause the one or more processors to:
identify, by the one or more processors, (i) a first cause of loss for damage to the property, and (ii) a second cause of loss for the damage to the property;
determine, by the one or more processors, (i) a first portion of a total amount of damage associated with the first cause of loss and (ii) a second portion of the total amount of damage associated with the second cause of loss;
assign, by the one or more processors, a percentage of the total amount of damage attributed to each of the first and second causes of loss;
and
calculate, by the one or more processors, a first amount of damage attributed to the first cause of loss and a second amount of damage attributed to the second cause of loss.
14. The system of claim 13, wherein to assign the percentage of the total amount of damage, the one or more processors are further configured to execute the non-transitory computer executable instructions to cause the one or more processors to:
determine, by the one or more processors, that the second set of data indicates that the first cause of loss enabled the second cause of loss to occur;
and
assign, by the one or more processors, a higher percentage to the first cause of loss and a smaller percentage to the second cause of loss.
15. The system of claim 13, wherein to generate the proposed insurance claim, the one or more processors are further configured to execute the non-transitory computer executable instructions to cause the one or more processors to:
prepopulate, by the one or more processors, the proposed insurance claim with the total amount of damage, the first and second causes of loss, and the amount of damage associated with each of the first and second causes of loss.
16. The system of claim 11, wherein the communication module is further configured to:
receive, from the individual, an acceptance of or modification to the proposed insurance claim;
and
transmit, to an insurance provider associated with the property, the accepted or modified insurance claim.
17. The system of claim 11, wherein to predict that an insurance claim will be filed, the one or more processors are further configured to execute the non-transitory computer executable instructions to cause the one or more processors to, at least one of:
analyze, by the one or more processors, the first set of data to determine if at least one of the plurality of devices is about to fail, or receive, via the communication module, an alert from an insurance provider associated with the property indicating that an insurance-related event is imminent.
18. The system of claim 11, wherein the sensor data recorded by the plurality of devices comprises at least one of:
time-stamped audio data, status data, visual data captured on the property, or visual data captured above the property.
19. The system of claim 11, wherein to receive the second set of sensor data, the one or more processors are further configured to execute the non-transitory computer executable instructions to cause the one or more processors to:
receive, via the communication module, at least one of:
sensor data recorded before an insurance-related event occurred, sensor data recorded during the insurance-related event, or sensor data record after the insurance-related event.
20. A non-transitory computer-readable storage medium storing processor-executable instructions, that when executed cause one or more processors to:
receive, at a smart controller or a server, a first set of sensor data from a plurality of devices;
based upon at least the first set of sensor data, predict, by one or more processors, that an insurance claim will be filed;
based on the prediction, activate, via a wired or wireless communication network, the plurality of devices to transmit a second set of sensor data, wherein the second set of data includes supporting data related to the predicted insurance claim;
automatically generate, by the one or more processors, a proposed insurance claim based upon an analysis of at least the second set of sensor data;
and
transmit, to a mobile device or other communications device of an individual associated with a property via a second wired or wireless communication network, the proposed insurance claim to facilitate review by the individual.
1. A computer-implemented method of predicting insurance claim filings related to damage to a property that is populated with a plurality of devices, each of the plurality of devices configured to monitor various conditions associated with the property, the method comprising:
receiving, at a smart controller or a server, a first set of sensor data from the plurality of devices;
based upon at least the first set of sensor data, detecting, by one or more processors of the smart controller or the server, that an insurance-related event is imminent;
determining, by the one or more processors, a likelihood that an insurance claim will be filed in response to the imminent insurance-related event;
when the likelihood is greater than a threshold, activating, by the one or more processors via the first wired or wireless communication network, the plurality of devices to transmit a second set of sensor data, wherein the second set of data includes supporting data captured while the insurance-related event is occurring;
automatically generating, by the one or more processors, a proposed insurance claim based upon an analysis of at least the second set of sensor data;
and
transmitting, to a mobile device or other communications device of an individual associated with the property, the proposed insurance claim to facilitate review, approval, or modification of the proposed insurance claim by the individual.
2. The computer-implemented method of claim 1, wherein the insurance-related event is related to at least one of:
a storm system, a fire or wildfire, an equipment failure, a national or local emergency, an earthquake or aftershock, a tsunami, an oil spill, or a volcano eruption.
3. The computer-implemented method of claim 1, further comprising:
identifying, by the one or more processors, (i) a first cause of loss for damage to the property, and (ii) a second cause of loss for the damage to the property;
determining, by the one or more processors, (i) a first portion of a total amount of damage associated with the first cause of loss and (ii) a second portion of the total amount of damage associated with the second cause of loss;
assigning, by the one or more processors, a percentage of the total amount of damage attributed to each of the first and second causes of loss; and calculating, by the one or more processors, a first amount of damage attributed to the first cause of loss and a second amount of damage attributed to the second cause of loss.
4. The computer-implemented method of claim 3, wherein assigning the percentage of the total amount of damage comprises:
determining, by the one or more processors, that the second set of data indicates that the first cause of loss enabled the second cause of loss to occur;
and
assigning, by the one or more processors, a higher percentage to the first cause of loss and a smaller percentage to the second cause of loss.
5. The computer-implemented method of claim 3, wherein generating the proposed insurance claim comprises:
prepopulating, by the one or more processors, the proposed insurance claim with the total amount of damage, the first and second causes of loss, and the amount of damage associated with each of the first and second causes of loss.
6. The computer-implemented method of claim 1, further comprising:
receiving, from the individual, an acceptance of or modification to the proposed insurance claim;
transmitting, to an insurance provider associated with the property, the accepted or modified insurance claim;
and
receiving, from the insurance provider, a response to the accepted or modified insurance claim.
7. The computer-implemented method of claim 6, wherein receiving the response to the accepted or modified insurance claim comprises:
receiving at least one of:
a confirmation that the accepted or modified insurance claim has been processed, a recommendation for replacement equipment to protect against future insurance-related events, or an evaluation of how equipment associated with the property withstood the insurance-related event.
8. The computer-implemented method of claim 1, wherein detecting that the insurance- related event is imminent comprises at least one of:
analyzing, by the one or more processors, the first set of data to determine if at least one of the plurality of devices is about to fail, or receiving, via a second communication network or wireless communication, an alert from an insurance provider associated with the property indicating that the insurance-related event is imminent.
9. The computer-implemented method of claim 1, wherein the sensor data recorded by the plurality of devices comprises at least one of:
time-stamped audio data, status data, visual data captured on the property, or visual data captured above the property.
10. The computer-implemented method of claim 1, wherein receiving the second set of sensor data comprises:
receiving at least one of:
sensor data recorded before the insurance-related event occurred, sensor data recorded during the insurance-related event, or sensor data record after the insurance-related event.
11. A system for predicting insurance claim filings related to damage to a property that is populated with a plurality of devices, each of the plurality of devices configured to monitor various conditions associated with the property, the system comprising a smart controller or a server that comprises:
a communication module adapted to communicate data;
a memory adapted to store non-transitory computer executable instructions;
and
one or more processors adapted to interface with the communication module, wherein the one or more processors are configured to execute the non-transitory computer executable instructions to cause the one or more processors to:
receive, via the communication module, a first set of sensor data from the plurality of devices;
based upon at least the first set of sensor data, detect, by one or more processors, that an insurance-related event is imminent;
determine, by the one or more processors, a likelihood that an insurance claim will be filed in response to the imminent insurance-related event;
when the likelihood is greater than a threshold, activate, via the communication module, the plurality of devices to transmit a second set of sensor data after the insurance-related event occurs, wherein the second set of data includes supporting data captured while the insurance-related event is occurring;
automatically generate, by the one or more processors, a proposed insurance based upon an analysis of at least the second set of sensor data;
and
transmit, to a mobile device of an individual associated with the property via the communication module, the proposed insurance claim for review, approval, or modification by the individual.
12. The system of claim 11, wherein the insurance-related event is related to at least one of:
a storm system, a fire or wildfire, an equipment failure, a national or local emergency, an earthquake or aftershock, a tsunami, an oil spill, or a volcano eruption.
13. The system of claim 11, wherein the one or more processors are further configured to execute the non-transitory computer executable instructions to cause the one or more processors to:
identify, by the one or more processors, (i) a first cause of loss for damage to the property, and (ii) a second cause of loss for the damage to the property;
determine, by the one or more processors, (i) a first portion of a total amount of damage associated with the first cause of loss and (ii) a second portion of the total amount of damage associated with the second cause of loss;
assign, by the one or more processors, a percentage of the total amount of damage attributed to each of the first and second causes of loss;
and
calculate, by the one or more processors, a first amount of damage attributed to the first cause of loss and a second amount of damage attributed to the second cause of loss.
14. The system of claim 13, wherein to assign the percentage of the total amount of damage, the one or more processors are further configured to execute the non-transitory computer executable instructions to cause the one or more processors to:
determine, by the one or more processors, that the second set of data indicates that the first cause of loss enabled the second cause of loss to occur;
and
assign, by the one or more processors, a higher percentage to the first cause of loss and a smaller percentage to the second cause of loss.
15. The system of claim 13, wherein to generate the proposed insurance claim, the one or more processors are further configured to execute the non-transitory computer executable instructions to cause the one or more processors to:
prepopulate, by the one or more processors, the proposed insurance claim with the total amount of damage, the first and second causes of loss, and the amount of damage associated with each of the first and second causes of loss.
16. The system of claim 11, wherein the communication module is further configured to:
receive, from the individual, an acceptance of or modification to the proposed insurance claim;
and
transmit, to an insurance provider associated with the property, the accepted or modified insurance claim.
17. The system of claim 11, wherein to detect that the insurance-related event is imminent, the one or more processors are further configured to execute the non-transitory computer executable instructions to cause the one or more processors to, at least one of:
analyze, by the one or more processors, the first set of data to determine if at least one of the plurality of devices is about to fail, or receive, via the communication module, an alert from an insurance provider associated with the property indicating that the insurance-related event is imminent.
18. The system of claim 11, wherein the sensor data recorded by the plurality of devices comprises at least one of:
time-stamped audio data, status data, visual data captured on the property, or visual data captured above the property.
19. The system method of claim 11, wherein to receive the second set of sensor data, the one or more processors are further configured to execute the non-transitory computer executable instructions to cause the one or more processors to:
receive, via the communication module, at least one of:
sensor data recorded before the insurance-related event occurred, sensor data recorded during the insurance-related event, or sensor data record after the insurance-related event.
20. A non-transitory computer-readable storage medium storing processor-executable instructions, that when executed cause one or more processors to:
receive, at a smart controller or a server, a first set of sensor data from a plurality of devices;
based upon at least the first set of sensor data, detect, by one or more processors, that an insurance-related event is imminent;
determine, by the one or more processors, a likelihood that an insurance claim will be filed in response to the imminent insurance-related event;
when the likelihood is greater than a threshold, activate, via the first wired or wireless communication network, the plurality of devices to transmit a second set of sensor data, wherein the second set of data includes supporting data captured while the insurance-related event is occurring;
automatically generate, by the one or more processors, a proposed insurance claim based upon an analysis of at least the second set of sensor data;
and
transmit, to a mobile device or other communications device of an individual associated with the property via a second wired or wireless communication network, the proposed insurance claim to facilitate review by the individual.
Although the claims at issue are not identical, they are not patentably distinct from each other, because both applications describe similar limitations as shown in the attached exemplary comparison table above.
Claim Rejections - 35 USC § 101
Examiner notes that, in view of compact prosecution, due to almost identical claim language between child claims and parent claims, no 101 rejection has been given herein for the instant child application, because 101 rejection was already overcome in the parent application (18/134915), grand-parent application (16/908512), and great grand-parent application (14/652953), when those 3 precedent applications were Allowed as a US Patent.
Claim Rejections - 35 USC § 103
Examiner notes that, in view of compact prosecution, due to almost identical claim language between child claims and parent claims, no 103 rejection has been given herein for the instant child application, because 103 rejection was already overcome in the parent application (18/134915), grand-parent application (16/908512), and great grand-parent application (14/652953), when those 3 precedent applications were Allowed as a US Patent. Prior art references cited in the parent application that were overcome for an Allowance as a US Patent are --- (a) US 8106769 to MARONEY, J.H. et al.; (b) US 20160343084 to BLESSMAN, P.B. ET AL.; and (c) US 10373256 B1 to ALLEN M J et al.
Conclusion
The prior art made of record and not relied upon, listed in Form 892, that is considered pertinent to the Applicant's disclosure and review for not traversing already issued patents and/or claimed inventions by the claims of the current invention of the Applicant. Please Note that Form 892 contains more references than those cited in the rejection above under 35 USC 103, and all the references cited on said Form 892 are relevant to this application that form a part of the body of prior art.
The Examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. The Applicant should consider the entire prior art as applicable as to the limitations of the claims; and said prior art includes references with synonyms for terms used in the claims that have been interpreted under the BRI (broad reasonable interpretation) procedures of the Office. It is respectfully requested from the Applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Sanjeev Malhotra whose telephone number is (571) 272-7292. The Examiner can normally be reached during Monday-Friday between 8:30-17:00 hours on a Flexible schedule.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, the Applicant is encouraged to contact the Examiner directly.
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/S.M./
Examiner, Art Unit 3691
sanjeev.malhotra@uspto.gov
/ABHISHEK VYAS/Supervisory Patent Examiner, Art Unit 3691
Prosecution Insights