Tag: output data contributes to a technical effect – no

Semi-automatic answering/3M INNOVATIVE PROPERTIES – T 0755/18 – 11 December 2020

This decision is about the output of a machine learning algorithm. The output of the algorithm is more accurate here compared to the prior art. However, this is not a reason that the output automatically serves a technical effect. The output therefore does not automatically lead to non-technical features making a technical contribution via the output.

Object of the Invention:

  • the present application is concerned with the generation of billing codes to be used in medical billing, wherein billings are provided to an insurer for reimbursement
  • computer-based support systems have been developed to guide human coders through the process of generating billing codes
  • claim 1 specifies a computer-implemented method for improving the accuracy of automatically generated billing codes

Board I (inventive step):

  • a billing code is non-technical administrative data
  • generating a billing code is a cognitive task

Appellant (inventive step):

  • use of machine learning techniques to improve the accuracy of the machine output
  • invention is technical because it improved the system so that it would generate more accurate billing codes in the future

Board II (inventive step):

  • if neither the output of a learning-machine computer program nor the machine output’s accuracy contributes to a technical effect, an improvement of the machine achieved automatically through supervised learning for producing a more accurate output is not in itself a technical effect
  • in this case, the learning machine’s output is a billing code, which is non-technical administrative data
  • the accuracy of the billing code refers to “administrative accuracy” regarding, for example, whether the billing code is consistent with information represented by a spoken audio stream or a draft transcript
  • the learning machine to generate more accurate billing codes or, equivalently, improving the accuracy of the billing codes generated by the system, is as such not a technical effect

Conclusion

Furthermore, the below figure shows according to G 1/19, point 85 and 86 how and when “technical effects” or “technical interactions” based on inter alia non-technical features may occur in the context of a computer-implemented process (the arrows in the figure above represent interactions and not abstract data). In this decision T 755/18 it was discussed whether the non-technical features contribute to the technical character of the invention via the output side and also via the technical implementation (although the latter is not discussed here in this commentary).

Measurement for a diaper – T 2803/18 – 13 December 2022

This decision concerns an invention comprising a mathematical method. The invention includes the input of sensor signals. However, the Board decided that this was not relevant to the question of whether the non-technical features contribute to the technical character, because there is no technical interaction of the mathematical method on the output side, or no technical implementation of the mathematical method. Nevertheless, the Board considered the non-technical features in the inventive step assessment and found them obvious.

Object of the Invention

  • method for processing sensor signals representing a wetness event in an absorbent article
  • Claim 1 differs from the closest prior art in that it is comprising certain mathematical method steps (comparing vectors with representative vectors of clusters, determining the most similar, allocating the vector to a cluster, based on a mathematical model) to indicate volume of exudate in the absorbent article in a wetness event

Respondent (patent owner):

  • the mathematical method steps contribute to a technical effect
  • relying on point 99 of the Reasons in G 1/19, claim 1 was directed to an indirect measurement or at least to an accurate estimation of the exudate volume collected in an absorbent article

Board (part I):

  • claim only relates to the processing and analysis of sensor signals received from a sensor and results in a more or less accurate estimation of the volume of collected exudate
  • the results obtained by the claimed method are not necessarily more accurate, since the accuracy would depend on many factors (size of training sets, number and type of elements/variables constituting the representative vectors, etc.), none of which are defined in claim 1
  • whether the processing method in the present case may be qualified as an indirect measurement envisaged may be left undecided here, for reasons mentioned below
  • it may just be added that the determination of the volume of a single or of multiple successive wetness events does not provide any technical effect in the sense that the so determined volume necessarily affects the control of any component of the system composed, for example, of an absorbent article comprising sensors and an appropriate processor
  • further, the method does not necessarily imply any action on some other system or a modification of the operation of the system executing the claimed method going beyond the normal physical interaction between the program and the computer
  • -> absent of any technical effect

Board (part II) (assumption of a technical effect):

  • considering in favour of the respondent, that the estimation of the volume of exudate could be seen as a technical effect, to which the distinguishing feature step (mathematical method) further contributs
  • objective technical problem could only be seen in providing an alternative method of processing sensor signals representing wetness events in an absorbent article
  • irrespective of whether the processing method could be considered to involve a technical effect, the subject-matter of claim 1 lacks an inventive step in view of the obvious combination of the method known from the closest prior art with common general knowledge
  • –> no inventive step

Conclusion

The below figure shows according to G 1/19, point 85 and 86 how and when “technical effects” or “technical interactions” based on inter alia non-technical features may occur in the context of a computer-implemented process.

In this decision T 2803/18, input data of a sensor is claimed. However, the claimed mathematical method/non-technical features do not lead to a technical effect on the output side or to a technical effect based on a technical implementation. Therefore, according to the Board, the claimed method could not be considered to involve an inventive step. However, presumably because of the sensor/ sensor signals on the input side, the Board assumed a technical effect and then examined the inventive step based on the non-technical features.