Going forward with an appeal, IMHO we will need to
Post# of 82672
The Role of Analogies in the Alice Analysis
By Jeremy Anapol and Michael L. Fuller
September 8, 2017
https://www.knobbe.com/news/2017/09/role-anal...e-analysis
Courts may find a sound analogy persuasive because it can demonstrate that a claimed solution is not technology-specific, and is therefore abstract. For example, if an analogy shows that all steps of a method claim were performed on paper before the invention of computers, then a court may conclude that the claimed solution is not computer-specific.
Even Non-Obvious Patent Claims May Lack Inventive Concepts
By Jeremy Anapol and Maria Anderson
December 22, 2017
https://www.knobbe.com/news/2017/12/even-non-...e-concepts
Thus, practitioners seeking to show that their claims are patent-eligible should not argue that they are merely distinct from the prior art. Instead, they should explain how the differences between the claims and the prior art reflect a technology-specific problem and solution. Conversely, practitioners seeking to show that claims are not patent-eligible should demonstrate why any purported solution is not unique to a specific technology, e.g., by explaining how the solution is analogous to activities conducted mentally or on paper.[6]
Best