Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
2. 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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3. Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 8-10, 12, and 13 of U.S. Patent No. 12664593. Although the claims at issue are not identical, they are not patentably distinct from each other. A mapping between the limitations of these claims is provided below. Additional detail is provided where necessary to explain the similarities between the claims.
Instant Application
Issued Patent
1. A system for creating a customized, non-level death benefit life insurance policy wherein the death benefits automatically change periodically without new underwriting, according to a customized schedule, and providing a level premium quote for the customized benefit policy for a specified coverage period, comprising:
a user interface configured to display a plurality of functions that enable an insured to simulate and evaluate different inputs and forecasting assumptions associated with current and future death benefit needs for the insured and/or other beneficiaries and view, in real-time, the customized benefit policy level premium quote for the specified coverage period prior to submitting a formal insurance policy application,
wherein the plurality of functions comprise input fields including one or more numbers, sliders, tables, formulas, or data relationship components, the plurality of functions including;
a first function corresponding to replacing the insured's prospective earned income upon death, including at least the insured's current age and planned retirement age;
a second function corresponding to projecting the insured's future gross income, including at least the insured's current income and expected wage inflation until planned retirement;
a third function corresponding to estimating a portion of the insured's earned income that does not need life insurance protection, including at least the insured's personal expenses;
a fourth function corresponding to an additional life insurance coverage amount to be held by the insured; and
a fifth function corresponding to estimating the insured's health status, wherein the fifth function includes displaying one or more underwriting class input fields for the insured's age, gender, smoker status, or general health assessment together with one or more computer- assisted definitions to assist the insured in estimating a health underwriting class;
a benefit determination model configured to, in response to the insured interacting with the plurality of functions:
determine the projected life insurance benefits needed or desired at a plurality of specified time periods during the specified coverage period;
discount the future benefits from each specified time period to determine the life insurance benefits for each specified time period of the customized benefit policy; and
adjust the customized benefit policy based, at least in part, on inputs to the fourth function to determine a benefit schedule for the specified coverage period;
a policy pricing model, configured to determine the level premium quote for the customized benefit policy during the specified coverage period;
wherein, the user interface displays the level premium quote, and
automatically updates the displayed customized benefit policy and level premium quote in response to the insured interacting with the input fields of the plurality of functions;
wherein the user interface displays an interactive benefit curve associated with the customized benefit policy and the customized level premium quote, the interactive benefit curve comprising a plurality of adjustable fields;
wherein, in response to the insured manipulating the adjustable fields, the policy pricing model generates an updated level premium quote, and the user interface displays a modified benefit curve based on the updated level premium quote; and
wherein, the user interface is configured to enable the insured to submit a formal application for the customized life insurance benefit policy based on the updated level premium quote for the specified coverage period to a third-party system associated with an insurance carrier.
2. The system of claim 1, wherein the additional life insurance coverage amount corresponds to one or more of an existing life insurance policy the insured intends to maintain from and a separate traditional life insurance policy the insured intends to purchase.
3. The system of claim 1, wherein the specified coverage period is based on the planned retirement age of the insured.
4. The system of claim 1, wherein the specified coverage period is based on a user defined age or other time period specified by the insured.
5. The system of claim 1, wherein the specified coverage period is based, at least in part, on restrictions or requirements of the insurance carrier.
6. The system of claim 1, wherein the plurality of specified time periods correspond to each age of the insured during the specified coverage period.
7. The system of claim 6, wherein the benefit schedule is a yearly benefit schedule.
8. The system of claim 1, wherein each of the plurality of specified time periods corresponds to a calendar month, quarter, or year during the specified coverage period.
9. The system of claim 1, wherein the policy pricing model is configured to determine the level premium quote, based, at least in part, on one or more pricing factors selected from the group consisting of: (1) pricing assumptions and investment yield assumptions, (2) targeted profit margins corresponding to the specified coverage period, (3) expected mortality rate corresponding to an underwriting class, (4) the specified time periods and benefit schedule, (5) an expected persistency of the customized life insurance benefit policy, and (6) reserves and capital requirements.
10. The system of claim 1, wherein the user interface displays the level premium quote numerically or via other means based, at least in part, on the specified time periods and the benefit schedule.
(claim 1) A system for creating a customized, non-level death benefit life insurance policy wherein the death benefits automatically change periodically, up or down without new underwriting, according to a customized schedule, and providing a level premium quote for the customized benefit policy for a specified coverage period, comprising:
(claim 1) a user interface enabling an insured to simulate and evaluate, in real-time, different factors and assumptions associated with forecasting the insured's current and future benefit needs and view and update, in real-time, the customized benefit policy and the customized level premium quote estimate for the specified coverage period, the user interface displaying a plurality of adjustable functions for creating a personal profile including information pertaining to the insured's current and future death benefit needs,
(claim 1) wherein input fields for the plurality of adjustable functions include numbers, sliders, tables, formulas, or data relationship components, the plurality of adjustable functions including the following:
(claim 1) a first function corresponding to the insured's demographic factors that impact the projected need for life insurance benefits; Examiner’s Note: Claim 1 of the issued patent does not explicitly state that the demographic factors comprise a current age and planned retirement age. However, these details are described in claim 4 of the issued patent (e.g., “wherein the first function includes fields associated with at least the insured's current age, planned retirement date, spousal status, and children status)
(claim 1) a fifth function including adjustable fields corresponding to income assumptions associated with projecting future sources of income; Examiner’s Note: Claim 1 of the issued patent does not explicitly state that the income assumptions include current income and expected wage inflation. However, the dependent claims of the issued patent do provide this detail. For example, claim 5 states that the functions include current income, and claim 8 states that the functions include future income (i.e., wage inflation)
(claim 1) a fourth function including adjustable fields corresponding to a plurality of expenses assumptions associated with projecting future expenses; Examiner’s Note: Claim 1 of the issued patent does not explicitly state that the functions include information regarding a portion of the insured’s earned income that does not need life insurance protection. However, this detail is described in claim 8 (e.g., “wherein the income assumptions include one or more of… a portion of gross income for insurance coverage)
(claim 1) a second function corresponding to the insured's economic factors related to a need for life insurance benefits; Examiner’s Note: Claim 1 of the issued patent does not explicitly state that the economic factors include an “additional life insurance coverage amount to be held by the insured.” However, this detail is described in claim 5 of the issued patent (e.g., wherein the insured's economic factors include one or more of: current income, mortgage balances, other debts and respective amortization schedules, savings and retirement account balances, and existing life insurance coverage”)
(claim 1) a sixth function corresponding to the insured's health status factors associated with estimating the level premium quote for the specified coverage period; Examiner’s Note: Claim 1 of the instant application does not explicitly state that the health status factors comprise, “one or more underwriting class input fields for the insured's age, gender, smoker status, or general health assessment together with one or more computer- assisted definitions to assist the insured in estimating a health underwriting class.” However, these details are described in claims 9 and 10 of the issued patent. For example, claim 9 states, “wherein the sixth function includes displaying underwriting class input fields and general health assessment fields, the underwriting class input fields including one or more of age, gender, and smoker status.” Additionally, claim 10 states, “wherein the sixth function further includes displaying computer-assisted definitions associated with one or more of the underwriting class input fields or general health assessment fields to assist with estimating a health underwriting class.”
(claim 1) a benefit determination model configured to, in response to the insured interacting with the first, second, third, fourth, and fifth functions:
(claim 1) determine projected life insurance benefits needed or desired as the insured ages;
(claim 1) discount the future benefits from each future age of the insured; Examiner’s Note: Stating that the future benefits are discounted “from each future age of the insured” corresponds to “each specified time period of the insurance policy”
(claim 1) determine a customized policy benefit schedule during the specified coverage period; Examiner’s Note: As noted above in claim 1, this process is performed “in response to the insured interacting with the first, second, third, fourth, and fifth functions”
(claim 1) a policy pricing model configured to, in response to the insured interacting with the sixth function, determine the level premium quote for the customized benefit policy for the specified coverage period;
(claim 1) wherein, the user interface is configured to: display the level premium quote;
(claim 1) the interactive benefit curve being configured to dynamically display a change in an amount of benefit over the specified coverage period based on inputs received via the user interface;
(claim 1) generate and display an interactive benefit curve comprising a plurality of adjustable portions that can be manipulated by the insured, the interactive benefit curve illustrating the customized benefit policy and the customized level premium quote estimate for the specified coverage period,
(claim 1) in response to the insured manipulating the adjustable portions of the interactive benefit curve, update the display in real-time to display a modified benefit curve associated with an updated level premium quote for the specified coverage period; and
(claim 1) enable the insured to submit a formal application for the customized life insurance benefit policy and the updated level premium quote for the specified coverage period to a third-party system associated with an insurance carrier.
(claim 5) wherein the insured's economic factors include one or more of: current income, mortgage balances, other debts and respective amortization schedules, savings and retirement account balances, and existing life insurance coverage.
(claim 2) wherein the specified coverage period is based on at least one of a planned retirement age of the insured, a time period specified by the insured, and restrictions or requirements of the insurance carrier.
(claim 2) wherein the specified coverage period is based on at least one of a planned retirement age of the insured, a time period specified by the insured, and restrictions or requirements of the insurance carrier.
claim 2) wherein the specified coverage period is based on at least one of a planned retirement age of the insured, a time period specified by the insured, and restrictions or requirements of the insurance carrier.
(claim 1) determine projected life insurance benefits needed or desired as the insured ages; discount the future benefits from each future age of the insured; and determine a customized policy benefit schedule during the specified coverage period. Examiner’s Note: These limitations recited in claim 1 of the issued patent state that the specified coverage period corresponds to “each future age of the insured.”
(claim 3) wherein the benefit schedule is a yearly benefit schedule.
(claim 1) determine projected life insurance benefits needed or desired as the insured ages; discount the future benefits from each future age of the insured; and determine a customized policy benefit schedule during the specified coverage period. Examiner’s Note: These limitations recited in claim 1 of the issued patent state that the specified coverage period corresponds to “each future age of the insured.” In other words, the time periods of the coverage period correspond to years during the coverage period
(claim 12) wherein the policy pricing model determines the level premium quote based, at least in part, on one or more pricing factors selected from the group consisting of: (1) pricing assumptions and investment yield assumptions, (2) targeted profit margins corresponding to the specified coverage period, (3) expected mortality rate corresponding to an underwriting class, (4) the specified time periods and benefit schedule, (5) an expected persistency of the customized life insurance benefit policy, and (6) reserves and capital requirements.
(claim 13) wherein the user interface displays the level premium quote numerically or via other means based, at least in part, on the benefit schedule.
Therefore, because claims 1-5, 8-10, 12, and 13 the issued patent teach each limitation of claims 1-10 of the instant application, claims 1-10 of the instant application are anticipated by claims 1-5, 8-10, 12, and 13 of the issued patent.
Citation of Pertinent Prior Art
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Powers (U.S. Patent No. 5956691): The systems and methods disclosed by Powers are most closely related to the claims of the instant application. Powers discloses a graphical user interface for entering and graphically displaying insurance policy data. However, Powers does not explicitly teach many of the specific user interface function, and policy simulation processes recited in the claims of the instant application. A suitable combination of prior art references could not be identified to reasonably cure the deficiencies of Powers.
Schiminovich (U.S. Pre-Grant Publication No. 20120072245): Schiminovich discloses a system and method for generating life insurance products under a single approved form.
Ziade (U.S. Patent No. 11861724): Ziade discloses systems and methods for generating insurance products and more particularly to apparatuses, methods, and systems for providing a reconfigurable insurance quote generator user interface.
Peterson (U.S. Pre-Grant Publication No. 20160203561): Peterson discloses a system, a method, and a computer program product for generating a visual representation of an insurance policy coverage.
Pattillo (U.S. Pre-Grant Publication No. 20240394800): Pattillo discloses methods and systems for processing a digital transaction to bind and to issue an insurance policy. A confirmation page is displayed on a graphical user interface for a user to confirm or edit coverage details.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM D NEWLON whose telephone number is (571)272-4407. The examiner can normally be reached Mon - Fri 8:30 - 4:30.
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/WILLIAM D NEWLON/Examiner, Art Unit 3696
/John H. Holly/Primary Examiner, Art Unit 3696
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