I have read the brief. It basically says to constantly apply the "machine or transformation" test to a patent to determine if it's standalone software or someth

I have read the brief. It basically says to constantly apply the "machine or transformation" test to a patent to determine if it's standalone software or something substantive. It also mentions how some software doesn't rely on a specific type of machine to execute. How is the PTO expected to be able to determine the difference between a "standalone software" patent from "software as part of a machine/transformation" patent? And if they can't and the law is only applied in retrospect (e.g. patent validity challenges), how does this abstract "machine or transformation" concept prevent litigation which seems primarily driven by intimidation not expectation of victory.