Ex Parte Griffith

Board of Patent Appeals and Interferences

Jan 31, 2012

09775019 (B.P.A.I. Jan. 31, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
09/775,019 02/01/2001 David Griffith 027-0001 7486
79140 7590 01/31/2012
ZAGORIN O'BRIEN GRAHAM LLP (027)
7600B N. CAPITAL OF TX HWY.
SUITE 350
AUSTIN, TX 78731
EXAMINER
PASS, NATALIE
ART UNIT PAPER NUMBER
3686
MAIL DATE DELIVERY MODE
01/31/2012 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte DAVID GRIFFITH
____________

Appeal 2010-010197
Application 09/775,019
Technology Center 3600
____________

Before MURRIEL E. CRAWFORD, BIBHU R. MOHANTY, and
MEREDITH C. PETRAVICK, Administrative Patent Judges.

CRAWFORD, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2010-010197
Application 09/775,019

2
STATEMENT OF THE CASE
Appellant seeks our review under 35 U.S.C. § 134 of the Examiner’s
final decision rejecting claims 3 to 15, 19 to 21, and 24 to 27. We have
jurisdiction over the appeal under 35 U.S.C. § 6(b).
We REVERSE.
Claim 10 is illustrative:
10. A computer implemented method of preparing an
executable representation of a rating model, the method
comprising:
defining an actuary-manipulable representation of a
rating model, the actuary-manipulable representation embodied
in computer readable media and encoding therein variables,
factor tables and calculation sequences of the rating model, the
factor tables having one or more axes bound to respective ones
of the variables and the calculation sequences defined in terms
of steps operative on values of the variables and cells of the
factor tables; and
transforming the actuary-manipulable representation to
the executable representation, the executable representation
embodied in computer readable media and encoding therein
resultant computer program code including a runtime lookup
facility for identification of runtime identifiers in the executable
representation corresponding to ones of the variables and a
calculate method executable to generate a quote based on inputs
supplied via a predefined input interface, wherein the
transforming is performed at least in part by a compiler that
executes on a computational machine.

Appellant appeals the following rejection:
1. Claims 10 to 15, 3 to 9, 19 to 21, and 24 to 27 under 35 U.S.C. § 103(a)
as unpatentable over Maury (US Pub. No. 2002/0046064 A1, pub. Apr.
18, 2002).

Appeal 2010-010197
Application 09/775,019

3
FACTUAL FINDINGS
Maury discloses a method and system for furnishing and on-line quote
for an insurance product which includes a presentation server which enables
the user to enter data into a form (para. [0012]; Fig. 6). After the user
requests a quote, the user data is transferred to the rating engine server (Fig.
6). A quote is sent back to the user from the rating engine server (Fig. 6).

ANALYSIS
The Appellant argues that Maury does not disclose an actuary-
manipulable representation including variables, factor tables, and
calculations sequences. We agree.
The Examiner views the form presented to the user that enables the
user to enter data as the actuary-manipulable representation (Ans. 17). The
Examiner also states that the calculation sequence, the variables, and the
factor tables make up a rating model and that an insurance company will
typically have a rating model for each line of insurance it offers (Ans. 6).
We agree with the Appellant that the form presented to the user in Maury
does not include a calculation sequence defined in terms of steps operative
on values of the variables and cells of the factor table. At best, Maury
discloses an online form on which a user can input data. The Examiner has
not directed our attention to a disclosure in Maury of including the claimed
calculation sequence in this online form.

Appeal 2010-010197
Application 09/775,019

4
In addition, we agree with the Appellant that the Examiner has not
established that Maury discloses a runtime lookup facility for identification
of runtime identifiers. The Examiner directed attention to paragraphs [0034]
and [0037] to [0039] but has not explained how these portions of Maury
disclose this subject matter and it is not clear from the reading of these
paragraphs that this subject matter is disclosed therein.
Each of the claims on appeal includes either an actuary-manipulable
representation of a rating model or runtime lookup facility for identification
of runtime identifiers or both. Therefore, we will not sustain the Examiner’s
rejection under 35 U.S.C. § 103(a).

DECISION
The decision of the Examiner is reversed.

REVERSED

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