DETAILED ACTION
This Non-Final Office Action is in response to the application filed on 05/29/2025.
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 .
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 1-8, 10-18 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
As an initial matter, the claims as a whole are to an apparatus, a process and a manufacture, which falls within one or more statutory categories. (Step 1: YES) The recitation of the claimed invention is then further analyzed as follow, in which the abstract elements are boldfaced.
Claim 1 recites:
A lifestyle protection system, comprising:
at least one processing circuit configured to:
collect data detected based on an exchange by a user or a usage of a user device by the user;
generate at least one new capacity unit based on the data;
generate a first plan of a plurality of other plans based on the at least one new capacity unit and at least one un-allocated capacity unit, wherein at least one of the plurality of other plans comprises a plurality of protections or periods;
allocate the at least one new capacity unit and the at least one un-allocated capacity unit to the first plan over the plurality of other plans based on an allocation scheme, wherein the allocation comprises converting the at least one new capacity unit and the at least one un-allocated capacity unit to at least one allocated capacity unit; and
responsive to a reallocation, update a protection or period of the first plan, wherein the update comprises reducing the at least one allocated capacity unit by a first amount on the first plan and increasing at least one allocated capacity unit by a second amount of a second plan of the plurality of other plans.
Claims 2 and 12 recite:
wherein the at least one new capacity unit is a digital asset or token issued by the at least one processing circuit, and wherein the at least one new capacity unit is a value based on a percentage of the exchange or an amount of the exchange, and wherein the value corresponds to an exchange rate of a fiat currency or a digital currency.
Claims 3 and 13 recite:
the at least one processing circuit further configured to:
establish a data channel between the at least one processing circuit and an IoT device utilizing an application programming interface (API), wherein the IoT device is associated with the user; and
monitor, in real-time, the data channel comprising executing API calls with the API, wherein the API calls return environmental data.
Claims 4 and 14 recite:
the at least one processing circuit further configured to:
determine an event satisfied at least one condition of the first plan based on the environmental data;
in response to determining the event satisfied the at least one condition of the first plan, generate a protection claim for the first plan based on the protection or period;
process the protection claim based on the environmental data and the event; and
transmit, to the user device, the processed protection claim.
Claims 5 and 15 recite:
the at least one processing circuit further configured to:
store a plurality of plans associated with the at least one allocated capacity unit of the user device; and
update the at least one allocated capacity unit based on converting a summation of the at least one new capacity unit and the at least one un-allocated capacity unit into the at least one allocated capacity unit.
Claims 6 and 16 recite:
the at least one processing circuit further configured to:
in response to generating the first plan, aggregate the first plan and the plurality of plans, wherein aggregating comprises calculating a total coverage based on the at least one allocated capacity unit.
Claims 7 and 17 recite:
the at least one processing circuit further configured to:
update at least one of the plurality of protections or periods of the first plan based on the allocation scheme set by the user.
Claims 8 and 18 recite:
the at least one processing circuit further configured to:
generate a graphical user interface (GUI) comprising the plurality of plans and at least one actionable object;
provide, to the user device, the GUI;
receive, from the user device, an interaction with the at least one actionable object of the GUI; and
update at least one of the plurality of protections or periods.
Claims 9 and 19 recite:
the at least one processing circuit further configured to:
establish a data channel between the at least one processing circuit and a third-party application utilizing an application programming interface (API);
generate one or more graphical user interface (GUI) objects for a third-party GUI, wherein the GUI objects comprise at least one actionable object;
integrate the GUI objects into the third-party GUI based on executing API calls with the API;
receive, via the API, an interaction with the first plan; and
update at least one of the plurality of protections or periods of the first plan.
Claim 10 recites:
the at least one processing circuit further configured to:
detect, from the user device, activity data;
generate at least one additional capacity unit based on the activity data;
determine the at least one additional capacity unit and the at least one un-allocated capacity unit is below a threshold for the first plan; and
update the at least one un-allocated capacity unit based converting the additional capacity units into the at least one un-allocated capacity unit.
Claim 11 recites:
A method, comprising:
generating, by the at least one processing circuit, at least one new capacity unit based on the data detected based on an exchange by a user or a usage of a user device by the user;
generating, by the at least one processing circuit, a first plan of a plurality of other plans based on the at least one new capacity unit and at least one un-allocated capacity unit, wherein at least one of the plurality of other plans comprises a plurality of protections or periods;
allocating, by the at least one processing circuit, the at least one new capacity unit and the at least one un-allocated capacity unit to the first plan over the plurality of other plans based on an allocation scheme, wherein the allocation comprises converting the at least one new capacity unit and the at least one un-allocated capacity unit to at least one allocated capacity unit; and
updating, by the at least one processing circuit, a protection or period of the first plan, wherein the update comprises reducing the at least one allocated capacity unit by a first amount on the first plan and increasing at least one allocated capacity unit by a second amount of a second plan of the plurality of other plans.
Claim 20 recites:
A non-transitory computer readable medium (CRM) comprising one or more instructions stored thereon and executable by one or more processors to:
collect data detected based on an exchange by a user or a usage of a user device by the user;
generate at least one new capacity unit based on the data;
generate a first plan of a plurality of other plans based on the at least one new capacity unit and at least one un-allocated capacity unit, wherein at least one of the plurality of other plans comprises a plurality of protections or periods;
allocate the at least one new capacity unit and the at least one un-allocated capacity unit to the first plan over the plurality of other plans based on an allocation scheme, wherein the allocation comprises converting the at least one new capacity unit and the at least one un-allocated capacity unit to at least one allocated capacity unit; and
responsive to a reallocation, update a protection or period of the first plan, wherein the update comprises reducing the at least one allocated capacity unit by a first amount on the first plan and increasing at least one allocated capacity unit by a second amount of a second plan of the plurality of other plans.
Based on the limitations above, the claims describe a process that covers allocating value token to insurance plan. Allocation of value token to insurance plan manages the contractual relationship between an insurer and an insured, and is considered to be a commercial interaction, which falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. As such, the claim(s) recite(s) a Judicial Exception. (Step 2A prong one: Yes)
This analysis then evaluates whether the claims as a whole integrates the recited Judicial Exception into a practical application of the exception. In particular, the claims recite the additional element(s) of “processing circuit” or “processor” as a mere tool to perform the steps of the Judicial Exception, which encompasses no more than Mere Instruction to Apply.
For example, the limitation “collect data detected based on an exchange by a user or a usage of a user device by the user” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of collecting data detected based on user exchange or device usage;
the limitation “generate at least one new capacity unit based on the data” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of generating the new capacity unit;
the limitation “generate a first plan of a plurality of other plans based on the at least one new capacity unit and at least one un-allocated capacity unit, wherein at least one of the plurality of other plans comprises a plurality of protections or periods” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of generating a first plan of a plurality of other plans based on the new capacity unit and unallocated capacity unit;
the limitation “allocate the at least one new capacity unit and the at least one un-allocated capacity unit to the first plan over the plurality of other plans based on an allocation scheme, wherein the allocation comprises converting the at least one new capacity unit and the at least one un-allocated capacity unit to at least one allocated capacity unit” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of allocation the new capacity unit and unallocated capacity unit to the first plan based on an allocation scheme, converting the capacity unit to allocated capacity unit;
the limitation “responsive to a reallocation, update a protection or period of the first plan, wherein the update comprises reducing the at least one allocated capacity unit by a first amount on the first plan and increasing at least one allocated capacity unit by a second amount of a second plan of the plurality of other plans” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of updating a protection or period of the first plan in response to a reallocation, reducing the allocated capacity unit by a first amount on the first plan and increasing the allocated capacity unit by a second amount;
the limitation “wherein the at least one new capacity unit is a digital asset or token issued by the at least one processing circuit, and wherein the at least one new capacity unit is a value based on a percentage of the exchange or an amount of the exchange, and wherein the value corresponds to an exchange rate of a fiat currency or a digital currency” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of issuing the capacity unit as digital asset or token;
the limitation “establish a data channel between the at least one processing circuit and an IoT device utilizing an application programming interface (API), wherein the IoT device is associated with the user; and monitor, in real-time, the data channel comprising executing API calls with the API, wherein the API calls return environmental data” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of monitoring user environmental data;
the limitation “determine an event satisfied at least one condition of the first plan based on the environmental data; in response to determining the event satisfied the at least one condition of the first plan, generate a protection claim for the first plan based on the protection or period; process the protection claim based on the environmental data and the event; and transmit, to the user device, the processed protection claim” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of determining an event satisfied at least one condition of the first plan; generating a claim for the first plan; processing the claim based on the environmental data and event and transmitting the processed claim to the user;
the limitation “store a plurality of plans associated with the at least one allocated capacity unit of the user device; and update the at least one allocated capacity unit based on converting a summation of the at least one new capacity unit and the at least one un-allocated capacity unit into the at least one allocated capacity unit” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of storing a plurality of plans associated with allocated capacity unit of the user and updating the allocated capacity unit;
the limitation “in response to generating the first plan, aggregate the first plan and the plurality of plans, wherein aggregating comprises calculating a total coverage based on the at least one allocated capacity unit” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of aggregating the first plan and the plurality of plans and calculating a total coverage based on the allocated capacity unit;
the limitation “update at least one of the plurality of protections or periods of the first plan based on the allocation scheme set by the user” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of updating the protections or periods of the first plan based on the allocation scheme set by the user;
the limitation “generate a graphical user interface (GUI) comprising the plurality of plans and at least one actionable object; provide, to the user device, the GUI; receive, from the user device, an interaction with the at least one actionable object of the GUI; and update at least one of the plurality of protections or periods” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of interact with the user to present the plurality of plans, receiving user input and updating at least one of the plurality of protections or periods;
the limitation “detect, from the user device, activity data; generate at least one additional capacity unit based on the activity data; determine the at least one additional capacity unit and the at least one un-allocated capacity unit is below a threshold for the first plan; and update the at least one un-allocated capacity unit based converting the additional capacity units into the at least one un-allocated capacity unit” encompasses no more than generically invoking a processing circuit to apply the Judicial Exception step of detecting user activity data, generating additional capacity unit based on the activity data, determining the additional capacity unit and the unallocated capacity unit is below a threshold for the first plan and converting the additional capacity unit to unallocated capacity unit;
Other than being generally linked to the steps of the Judicial Exception, the additional elements in the above step(s) is/are recited at a high-level of generality, without technological detail of how the particular steps are performed technologically.
The additional element(s) of “memory” and/or “non-transitory storage medium” are generically recited to store data and/or instructions of the Judicial Exception.
The additional element(s) of “a graphical user interface (GUI”, “at least one actionable object of the GUI” are generically recited to perform input/output steps described only by a result-oriented solution with insufficient detail for how the interface accomplish it.
The examiner further noted generic computer affixes such as “digital” are nominally appended to abstract elements such as “asset”, but found that to be mere instructions to implement the Judicial Exception idea on a computer.
Indeed, the instant claims (1) attempted to cover a solution to an identified problem with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result; (2) used of a computer or other machinery in its ordinary capacity for economic or other tasks or simply added a general purpose computer or computer components after the fact to the Judicial Exception and (3) generally applied the Judicial Exception to a generic computing environment without limitation indicative of practical application (See MPEP 2106.04(d)I). Thus, the claims are no more than Mere Instruction to Apply the Judicial Exception (See MPEP 2106.05(f)) or adding insignificant extra-solution activity to the judicial exception (See MPEP 2106.05(g)), which do not integrate the cited Judicial Exception into practical application (Step 2A prong two: No) The claims are directed to a Judicial Exception.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processing circuit to allocate value token to insurance plan amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. No additional element currently recited in the claims amount the claims to be significantly more than the cited abstract idea. (Step 2B: No)
Therefore, claims 1-8, 10-18 and 20 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
As to claims 9 and 19, the additional elements in the features “establish a data channel between the at least one processing circuit and a third-party application utilizing an application programming interface (API); generate one or more graphical user interface (GUI) objects for a third-party GUI, wherein the GUI objects comprise at least one actionable object; integrate the GUI objects into the third-party GUI based on executing API calls with the API” meaningfully tied the Judicial Exception to the technology of graphical user interface, improving the functionality of the computer itself in a similar fashion to DDR Holdings. Conventionally, insurance plan related user input are received through insurer specified channel such the insurer’s own application, establishing data channel with a third-party application and generating one or more graphical user interface objects and integrating them into the third-party GUI broadens customer interaction channel technologically. As such, claims 9 and 19 integrate the Judicial Exception into practical application, rendering the claims eligible.
Examiner Note
Based on prior searches, the prior art deemed the closest to the instant claims is Gay et al. (US 10719879). Gay discloses a trip based insurance in which vehicle use units are generated based on purchase, wherein the vehicle use units are allocatable to trips and vehicles. Gay, however, failed to disclose “generate a first plan of a plurality of other plans based on the at least one new capacity unit and at least one un-allocated capacity unit, wherein at least one of the plurality of other plans comprises a plurality of protections or periods; allocate the at least one new capacity unit and the at least one un-allocated capacity unit to the first plan over the plurality of other plans based on an allocation scheme, wherein the allocation comprises converting the at least one new capacity unit and the at least one un-allocated capacity unit to at least one allocated capacity unit; and responsive to a reallocation, update a protection or period of the first plan, wherein the update comprises reducing the at least one allocated capacity unit by a first amount on the first plan and increasing at least one allocated capacity unit by a second amount of a second plan of the plurality of other plans”. No combination of prior was found to render the claimed invention obvious without applying improper hindsight. As such, the claims are novel and non-obvious.
Claim Objections
Claims 9 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHO KWONG whose telephone number is (571)270-7955. The examiner can normally be reached 9am - 5pm EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL W ANDERSON can be reached at 571-270-0508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHO YIU KWONG/Primary Examiner, Art Unit 3693
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