Alice Lesson #14: If possible, add an airplane to your claims.
U.S. Patent No. 8,965,812
Evaluating commodity conditions using aerial image data
Assignee: Archer Daniels Midland Co.
Issued: February 24, 2015
1. A method for evaluating the condition of an agricultural commodity and forecasting the production thereof in a geographical region of interest, the method comprising:
identifying one or more geographical regions of interest, wherein the geographical region of interest comprises a plurality of different locations that historically have been sites for production of the agricultural commodity;
Commentary: "Enough is enough! I have had it with these m--------ing claims on these m--------ing planes!" Following a post-Alice rejection in September 2014, ADM added the bold language, which persuaded the examiner. Here is the successful argument:
Figure 3 of the patent illustrates the winning formula:
My suggestion to those trying to patent hedging algorithms, insurance calculators, automated bingo games, or any other 'business method' that has fallen victim to Alice: do it in the air. Remember - we've seen some success up there before.