DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This Office action is in response to correspondence received February 7, 2026.
Claim 1 is amended. Claims 2-10, as confirmed by phone with inventor pro se Patrick Neely on Friday, March 13, 2025, are not amended and are still pending . Claims 1-10 are pending and have been examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 7, 2026 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities:
In the first limitation, the following says, “and” at the end of a series three times.
and a mortgage down payment or a mortgage cash expenditure, and a desired credit score. and a desired mortgage term;
This should be changed to
a mortgage down payment or a mortgage cash expenditure, a desired credit score. and a desired mortgage term;
Appropriate correction is required.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the text is too small to read, and there are requirements for text size as shown below. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. Applicant does not need a competent draftsperson but should follow what is written below in the regulations. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
37 CFR 1.84 Standards for Drawings
(p) Numbers, letters, and reference characters.
(1) Reference characters (numerals are preferred), sheet numbers, and view numbers must be plain and legible, and must not be used in association with brackets or inverted commas, or enclosed within outlines, e.g., encircled. They must be oriented in the same direction as the view so as to avoid having to rotate the sheet. Reference characters should be arranged to follow the profile of the object depicted.
(2) The English alphabet must be used for letters, except where another alphabet is customarily used, such as the Greek alphabet to indicate angles, wavelengths, and mathematical formulas.
(3) Numbers, letters, and reference characters must measure at least .32 cm. (1/8 inch) in height. They should not be placed in the drawing so as to interfere with its comprehension. Therefore, they should not cross or mingle with the lines. They should not be placed upon hatched or shaded surfaces. When necessary, such as indicating a surface or cross section, a reference character may be underlined and a blank space may be left in the hatching or shading where the character occurs so that it appears distinct.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4 and 8-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Applicant has recited new matter in this application. To overcome this rejection, Applicant must reference the specific paragraphs where the amendments were taught. Or the limitation must be removed.
In order to expedite this, the paragraphs, claims, or drawing references should be from the printed publication, US PGPUB 20210150648 A1. The response must be in writing and must be specific as to not only the paragraph(s) (or table) support, but where in the paragraph(s) or table the support is drawn from.
See MPEP 608.04(a) for further clarification of new matter:
“Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing is usually new matter. See MPEP §§ 2163.06 and 2163.07 for guidance in determining whether an amendment adds new matter,”
See MPEP 2163.06 for the basis of the rejection: “If new matter is added to the claims, the examiner should reject the claims under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph - written description requirement. In re Rasmussen, 650 F.2d 1212, 211 USPQ 323 (CCPA 1981). The examiner should still consider the subject matter added to the claim in making rejections based on prior art since the new matter rejection may be overcome by applicant.”
See MPEP 2163.07 for ways of overcoming new matter if the disclosure is not explicitly present.
The following, after a search of the original disclosure (everything filed on September 30, 2020), is new matter:
b) providing , by the at least one processor, a plurality of real estate listings each having one or more corresponding real estate listing data points including a selling price and a geographical location and a property tax data point, an insurance estimate data point, a mortgage interest data point, an HOA data point, and a mortgage insurance data point:
Each listing must have each of these data points. So listings must have selling price; geographical location; property tax data point; insurance estimate data point; etc.
(c) providing mortgage information containing one or more mortgage cost component data points:
It is not clear where this support exists.
(d) defining a desired geographic location in which the prospective purchaser desires to search for real estate listings:
While there is support for defining a desired geographic location the amendment does not have apparent support.
Further support must be shown for each of these:
(f) determining, by the at least one processor and for each identified real estate listing, eligibility of the prospective purchaser for at least one mortgage loan program based on
(i) the prospective purchaser data and
(ii) the corresponding real estate listing data points, including
(A) determining an estimated loan amount as a function of the selling price and the mortgage down payment or mortgage cash expenditure.
(B) determining an applicable county loan limit and/or state loan limit for the at least one mortgage loan program for the geographical location, and
(C) excluding the identified real estate listing when the estimated loan amount exceeds the applicable county loan limit and/or state loan limit and/or when no eligible mortgage loan program is determined:
(g) computing monthly mortgage costs for each non-excluded identified real estate listing by:
(i) calculating a mortgage principal and interest amount based on the selling price and the mortgage down payment or mortgage cash expenditure and the mortgage interest data point and the desired mortgage term: and
(ii) adding the mortgage principal and interest amount to the property tax data point, the insurance estimate data point, the mortgage insurance data point, and the HOA data point:
Claims 2-4 and 8-10 are rejected for being dependent on claim 1.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-4 and 8-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The following lacks antecedent basis. The scope is unclear in each because it is not clear if Applicant is introducing a new term or referring back to a term. Antecedent basis is where the first term is introduced (“a mortgage data point”) and then further limited (“the mortgage data point”). See MPEP 2173.05(e). Elements must be amended to show their antecedent basis or to introduce them as new elements.
Claim 2:
the cost for each real estate offering – unclear which cost in claim 1 is being further limited, or is this a new element being introduced.
the desired geographical area – unclear if this refers back to the desired geographical location.
the monthly mortgage cost for each mortgage provider for each real estate offering – unclear which mortgage cost this refers back to or if this is a new element.
The user – unclear if this is refers back to the prospective purchaser or is a new element.
the user's maximum possible monthly real estate expenditure for each mortgage provider – unclear if this refers back to the prospective purchaser’s maximum possible monthly real estate expenditure or is a new element.
Claim 3:
the desired geographical area – unclear if this refers back to the desired geographical location. (see claim 2, above).
the monthly cost of ownership – unclear if this is a new limitation or if this refers back to one of the costs detailed above.
The user – unclear if this is refers back to the prospective purchaser or is a new element. See claim 2 as well.
Claim 4:
the desired geographical area – unclear if this refers back to the desired geographical location. (see claims 2 and 3, above).
the monthly mortgage cost – unclear which mortgage cost this refers back to or if this is a new element.
The user – unclear if this is refers back to the prospective purchaser or is a new element. See claims 2 and 3 as well.
Claim 8:
the desired geographical area – unclear if this refers back to the desired geographical location. (see claims 2-4, above).
The user – unclear if this is refers back to the prospective purchaser or is a new element. See claims 2-4 as well.
the expected days remaining on market for at least one of the each real estate offering – unclear if this is a new element or is referring back to an element in claim 1.
Claim 10:
the amount of renovation financing available for at least one of each real estate offering - unclear if this is a new element or referring back to an element in claim 1.
the desired geographical area – unclear if this refers back to the desired geographical location. (see claims 2-4 and 8, above).
The user – unclear if this is refers back to the prospective purchaser or is a new element. See claims 2-4 and 8 as well.
Claim 9 is rejected for being dependent on claim 8.
Therefore, claims 1-4 and 8-10 are rejected under 35 USC 112.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception – a mental process, a judgement or observation-without a practical application or significantly more.
This rejection follows the most recent MPEP revision (June 2020).
As described in MPEP § 2106, subsection III, Step 1 of the eligibility analysis asks: Is the claim to a process, machine, manufacture or composition of matter? Like the other steps in the eligibility analysis, evaluation of this step should be made after determining what applicant has invented by reviewing the entire application disclosure and construing the claims in accordance with their broadest reasonable interpretation (BRI).
Per Applicant's claims,
Claims 1-10 are a method, which is a process.
Therefore, Applicant's claims are directed to statutory subject matter.
However, determining that a claim falls within one of the four enumerated categories of patentable subject matter recited in 35 U.S.C. 101 (i.e., process, machine, manufacture, or composition of matter) in Step 1 does not end the eligibility analysis, because claims directed to nothing more than abstract ideas (such as a mathematical formula or equation), natural phenomena, and laws of nature are not eligible for patent protection. MPEP 2106.04.
Step 2A, Prong One asks: Does the claim recite an abstract idea, law of nature, or natural phenomenon? In Prong One examiners evaluate whether the claim recites a judicial exception, i.e. whether a law of nature, natural phenomenon, or abstract idea is set forth or described in the claim. See MPEP 2106.04(II)(A)(1).
The abstract idea of claim(s) 1 is defined as:
A method for finding real estate that can be purchased by a prospective purchaser according to a maximum possible monthly real estate expenditure, the method comprising:(a) receiving, prospective purchaser data including the maximum possible monthly real estate expenditure, and a mortgage down payment or a mortgage cash expenditure, and a desired credit score. and a desired mortgage term;
(b) providing a plurality of real estate listings each having one or more corresponding real estate listing data points including a selling price and a geographical location and a property tax data point, an insurance estimate data point, a mortgage interest data point, an HOA data point, and a mortgage insurance data point:
(c) providing mortgage information containing one or more mortgage cost component data points:
(d) defining a desired geographic location in which the prospective purchaser desires to search for real estate listings:
(e) identifying listings within the desired geographic location;
(f) determining, and for each identified real estate listing, eligibility of the prospective purchaser for at least one mortgage loan program based on
(i) the prospective purchaser data and
(ii) the corresponding real estate listing data points, including
(A) determining an estimated loan amount as a function of the selling price and the mortgage down payment or mortgage cash expenditure.
(B) determining an applicable county loan limit and/or state loan limit for the at least one mortgage loan program for the geographical location, and
(C) excluding the identified real estate listing when the estimated loan amount exceeds the applicable county loan limit and/or state loan limit and/or when no eligible mortgage loan program is determined:
(g) computing monthly mortgage costs for each non-excluded identified real estate listing by:
(i) calculating a mortgage principal and interest amount based on the selling price and the mortgage down payment or mortgage cash expenditure and the mortgage interest data point and the desired mortgage term: and
(ii) adding the mortgage principal and interest amount to the property tax data point, the insurance estimate data point, the mortgage insurance data point, and the HOA data point:
(h) comparing the computed monthly mortgage costs with the maximum possible monthly real estate expenditure; and
(i) [presenting] a list of real estate listings each within the desired geographical location which has a computed monthly mortgage cost that is less than or equal to the maximum possible monthly real estate expenditure.
The abstract idea of claim(s) 5 is defined as:
A method for locating real estate for purchase, the method comprising: a) providing a maximum possible monthly real estate expenditure for a user; b) providing a database of real estate listings including location and asking price, c) providing mortgage information including mortgage provider, mortgage interest rate, mortgage term, mortgage type, and any associated fees, d) providing real estate tax information for real properties, the real estate tax information including real property location and associated real estate tax; e) defining a desired geographic location; f) identifying real estate being offered for sale within the desired geographical location, g) computing the monthly mortgage cost for each real estate property being offered within the desired geographical area; h) computing the real estate tax for each real estate property being offered for sale within the desired geographical location; i) computing a monthly allocation of the real estate tax for each real estate property being offered within the desired geographical area; j) computing a monthly cost of ownership for each real estate property being offered within the desired geographical location, the monthly cost of ownership including the monthly allocation of the real estate tax and the monthly mortgage cost; and k) comparing the monthly cost of ownership for each real estate offering within the desired geographical area with the maximum possible monthly real estate expenditure for the user; and l) displaying to the user each real estate offering within the desired geographical area which has a monthly cost of ownership less than or equal to the user's maximum possible monthly real estate expenditure.
The abstract idea steps recited in claims 1 and 5 are those which could be performed mentally, including with pen and paper. As explained in MPEP 2106.04(a)(2):
The courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit explained, "methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’" 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)). See also Mayo Collaborative Servs. v. Prometheus Labs. Inc., 566 U.S. 66, 71, 101 USPQ2d 1961, 1965 ("‘[M]ental processes[] and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work’" (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parker v. Flook, 437 U.S. 584, 589, 198 USPQ 193, 197 (1978) (same).
The abstract idea in claims 1 and 5 can be performed mentally as follows:
Information can be provided mentally on paper. This includes databases (tables), tax information, etc. Geographic locations can be defined mentally by choosing one, and computing can be done mentally because the original and reasonable definition of computing is calculating formulaically. Then data can be compared mentally. Finally, information can be displayed on paper.
Alternatively, the steps of determining real estate according to a maximum real estate expenditure are a commercial interaction, which is a certain method of organizing human activity.
As Examiner explained to Applicant in the Final Rejection dated November 5, 2024, page 30, the claimed subject matter is similar to cases where the court that related real estate calculations (mortgages, automated valuation modeling or AVM, and insurance calculations):
See in particular:
Mortgage Grader, Inc. v. First Choice Loan Servs. Inc., 811 F.3d 1314, 1324, 117 USPQ2d 1693, 1699 (Fed. Cir. 2016) (holding that computer-implemented method for "anonymous loan shopping" was an abstract idea because it could be "performed by humans without a computer").
MPEP 2106.04(a)(2)(III).
managing a stable value protected life insurance policy via performing calculations, Bancorp Servs., LLC v. Sun Life Assur. Co. of Canada (U.S.), 687 F.3d 1266, 1280, 103 USPQ2d 1425, 1434 (Fed. Cir. 2012)
processing insurance claims for a covered loss or policy event under an insurance policy (i.e., an agreement in the form of a contract), Accenture Global Services v. Guidewire Software, Inc., 728 F.3d 1336, 1338-39, 108 USPQ2d 1173, 1175-76 (Fed. Cir. 2013)
In re Villena, Appeal No. 17-2069 Fed. Cir., 2018. Available at: < https://www.cafc.uscourts.gov/8-29-2018-17-2069-in-re-villena-opinion-17-2069-opinion-8-29-2018/ >. Steps for producing AVM values with a map-like display found patent ineligible.
Therefore, under a broadest reasonable interpretation, one could perform the steps, as identified in claims 1 and 5 above, mentally, which makes it a mental process; or in the alternative, these claims describe a commercial interaction which is a certain method of organizing human activity.
Prong Two asks: Does the claim recite additional elements that integrate the judicial exception into a practical application? In Prong Two, examiners evaluate whether the claim as a whole integrates the exception into a practical application of that exception. If the additional elements in the claim integrate the recited exception into a practical application of the exception, then the claim is not directed to the judicial exception (Step 2A: NO) and thus is eligible at Pathway B. This concludes the eligibility analysis. If, however, the additional elements do not integrate the exception into a practical application, then the claim is directed to the recited judicial exception (Step 2A: YES), and requires further analysis under Step 2B (where it may still be eligible if it amounts to an ‘‘inventive concept’’). See MPEP 2106.04(II)(A)(1).
This judicial exception is not integrated into a practical application because the additional elements merely use the computer or other machinery as a tool. In MPEP 2106.04(d), it is noted that "merely reciting the words 'apply it' (or an equivalent) with the judicial exception," is not a practical application. Therefore, according to the MPEP, this is not solely limited to computers but includes other technology that, recited in an equivalent to "apply it," is a mere instruction to perform the abstract idea on that technology.
Claim 1 recites the following:
computer-implemented method
[steps taken] by/by the at least one processor,
displaying
Claim 5 does not recite additional elements.
Claim 1 elements, in combination, amount to a general purpose computer, as a general purpose computer has a display and processor, and can perform steps.
The additional elements in claim 1 amount to no more than a commonplace business method or mathematical algorithm being applied on a general purpose computer, Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573 U.S. 208, 223, 110 USPQ2d 1976, 1983 (2014); Gottschalk v. Benson, 409 U.S. 63, 64, 175 USPQ 673, 674 (1972); Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015).
See MPEP 2106.05(f)(2).
Therefore, as the elements in combination are instructions to “apply it” to a computer there is no practical application of an abstract idea.
Nor in Step 2B is there significantly more than an abstract idea because there are no additional elements.
The dependent claims (per claim 1: 2-4 and 8-10; per claim 5: 6 and 7) further define the abstract idea of further real estate information limitations.
Therefore, claims 1-10 are rejected under 35 USC 101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malyala, US PGPUB 20080015890 A1 ("Malyala"), in view of Thomas, US Pat No 8433650 B1 ("Thomas"), further in view of FHFA, Announces increase in maximum conforming loan limits in 2017, available at: < https://www.fhfa.gov/news/news-release/fhfa-announces-increase-in-maximum-conforming-loan-limits-for-fannie-mae-and-freddie-mac-in-2017 >, published on November 23, 2016, (“FHFA”).
Per claim 1, Malyala teaches A computer-implemented method for finding real estate that can be purchased by a prospective purchaser according to a maximum possible monthly real estate expenditure, the method comprising in par 33: " The image 200 also includes a designation 206 of "Max Monthly Payment" and an entry field 206a for entering a maximum monthly payment for a residential property into a computer through an input device such as a computer keyboard, mouse, or screen. "
Malyala then teaches (a) receiving, by at least one processor, prospective purchaser data including the maximum possible monthly real estate expenditure, in par 33: " The image 200 also includes a designation 206 of "Max Monthly Payment" and an entry field 206a for entering a maximum monthly payment for a residential property into a computer through an input device such as a computer keyboard, mouse, or screen. "
Malyala then teaches and a mortgage down payment or a mortgage cash expenditure in par 46: "The loan terms that a user desires may include categories for "interest rate", "term (years)", and "down payment (% of price). "
Malyala then teaches and a desired credit score in par 40: "A user can input information into the interactive device 310 such as the user's current work address, the car make and model owned by the user, the type of home the user is looking for, and the user's credit score."
Malyala then teaches and a desired mortgage term in par 46: "The loan terms that a user desires may include categories for "interest rate", "term (years)", and "down payment (% of price). "
Malyala then teaches (b) providing , by the at least one processor, a plurality of real estate listings each having one or more corresponding real estate listing data points including a selling price in par 082: "Field 614 shows a box with a "x" next to show listings, to indicate that the user has indicated that the real properties or listings satisfying the criteria in fields 612, 602, and 604, should be shown. Field 616 allows a user to revise the search by entering an "x" in the box next to revise search." Par 67: "Table M shows expenses regarding home sale price etc. TABLE-US-00013 TABLE M Projected Cost Rate Monthly Home Sale Price $519,000 $0 Down Payment 0 $0 First Mortgage $415,200.00 5.25% $2,289.00 Second Mortgage $103,800.00 6.25% $681 Property Insurance $400.00 $33.33 Taxes $8000.00 $666.67 Total $3,670 Cost Per Sqft $2450 $4,235.78 $1.7289"
Malyala then teaches and a geographical location in par 83: "Fields 606, 608, 610, and 611 show information regarding four real properties which are for sale which satisfy the criteria set out in fields 612, 602, and 604. Each of the fields 606, 608, 610, and 611 may include a picture of the particular real property, which may be in color, an address for the real property, and a total living cost for the real property. "
Malyala then teaches and a property tax data point in par 67: "Table M shows expenses regarding home sale price etc. TABLE-US-00013 TABLE M Projected Cost Rate Monthly Home Sale Price $519,000 $0 Down Payment 0 $0 First Mortgage $415,200.00 5.25% $2,289.00 Second Mortgage $103,800.00 6.25% $681 Property Insurance $400.00 $33.33 Taxes $8000.00 $666.67 Total $3,670 Cost Per Sqft $2450 $4,235.78 $1.7289"
Malyala then teaches an insurance estimate data point in par 63: "Table I shows projected, actual, and the difference between projected and insurance expenses for a particular family or individual that will potentially be buying a residential property. The Table I data is typically entered only once when registering into the system which may be a computer software system or process running on the processor 312. A user may register into the system via interactive device 310 via an interface or image, similar to image 200 shown in FIG. 3. Some of the Table I data can be derived from the internet by processor 312 or through sources, such as sources 318-340. The data may be entered through an interactive device 310 such as a computer mouse or keyboard and/or by use of an image, such as image 102 on a computer monitor or display device 314. TABLE-US-00009 TABLE I INSURANCE Projected Cost Actual Cost Difference Home $0 Health $0 Life $0 Other $0 Subtotals $0 $0 $0"
Malyala then teaches a mortgage interest data point par 55: "The current type of loan may be selected by a user, along with the down payment, interest rate, and insurance or PMI. These calculations may typically be done by the processor 312, shown in FIG. 4, for all the houses and shown on a map. TABLE-US-00001 TABLE A HOUSING Projected Cost Actual Cost Difference Mortgage or rent $3,670 $3,670 $0 Phone $65 $65 $0 Electricity $150 $150 $0 Gas $150 $150 $0 Water and sewer $40 $40 $0 Cable $116 $116 $0 Waste removal $10 $10 $0 Maintenance or repairs $200 $0 $200 Internet $150 $150 $0 Other $0 $0 $0 Subtotals $4,551 $4,321 $230"
Malyala then teaches and a mortgage insurance data point in par 55: "The current type of loan may be selected by a user, along with the down payment, interest rate, and insurance or PMI. These calculations may typically be done by the processor 312, shown in FIG. 4, for all the houses and shown on a map. TABLE-US-00001 TABLE A HOUSING Projected Cost Actual Cost Difference Mortgage or rent $3,670 $3,670 $0 Phone $65 $65 $0 Electricity $150 $150 $0 Gas $150 $150 $0 Water and sewer $40 $40 $0 Cable $116 $116 $0 Waste removal $10 $10 $0 Maintenance or repairs $200 $0 $200 Internet $150 $150 $0 Other $0 $0 $0 Subtotals $4,551 $4,321 $230"
Malyala then teaches (c) providing mortgage information containing one or more mortgage cost component data points in par 55: "The current type of loan may be selected by a user, along with the down payment, interest rate, and insurance or PMI. These calculations may typically be done by the processor 312, shown in FIG. 4, for all the houses and shown on a map. TABLE-US-00001 TABLE A HOUSING Projected Cost Actual Cost Difference Mortgage or rent $3,670 $3,670 $0 Phone $65 $65 $0 Electricity $150 $150 $0 Gas $150 $150 $0 Water and sewer $40 $40 $0 Cable $116 $116 $0 Waste removal $10 $10 $0 Maintenance or repairs $200 $0 $200 Internet $150 $150 $0 Other $0 $0 $0 Subtotals $4,551 $4,321 $230" See also Fig 4 Items 416-422.
Malyala then teaches (d) defining a desired geographic location in which the prospective purchaser desires to search for real estate listings in par 36: "The image 200 also includes designations 218 and 220 and corresponding entry fields 218a and 220a, which refer to "Work Address" and "MPG for Car", respectively. An individual can use an input device such as a computer keyboard, mouse, or screen, to enter a work address and the miles per gallon that the individual's car gets into fields 218a and 220a, respectively. The data entered into fields 218a and 220a may be input through interactive device 310 into processor 312, and then may be stored in database 316 and displayed on display device 314 of FIG. 4. The individual can then click on the button 222, shown in FIG. 3, to do a residential real estate internet or data base search based on the work address and miles per gallon entered, and/or also based on the criteria set by a combination of fields 204a, 206a, 208a, 210a, 212a, 214a, 218a, and 220a.
Malyala then teaches (e) identifying listings within the desired geographic location in par 82: "Field 614 shows a box with a "x" next to show listings, to indicate that the user has indicated that the real properties or listings satisfying the criteria in fields 612, 602, and 604, should be shown. Field 616 allows a user to revise the search by entering an "x" in the box next to revise search."
Malyala then teaches (f) determining, by the at least one processor and for each identified real estate listing, eligibility of the prospective purchaser for at least one mortgage loan program based on (i) the prospective purchaser data and (ii) the corresponding real estate listing data points, including (A) determining an estimated loan amount as a function of the selling price and the mortgage down payment or mortgage cash expenditure in pars 81-82: "Field 612 shows that the ""TLC"" or total living costs search results are for a real property or home in Bridgewater, N. J., having four bedrooms, two bathrooms. Field 602 indicates that the search refers to a condominium, having about 2,300 square feet, with a 20% down payment and a thirty year fixed mortgage required. Field 604 indicates that the search is for total living cost between $2500 and $3,000.00.
Field 614 shows a box with a ""x"" next to show listings, to indicate that the user has indicated that the real properties or listings satisfying the criteria in fields 612, 602, and 604, should be shown. Field 616 allows a user to revise the search by entering an ""x"" in the box next to revise search."
Malyala then teaches (g) computing monthly mortgage costs for each non-excluded identified real estate listing by: (i) calculating a mortgage principal and interest amount based on the selling price and the mortgage down payment or mortgage cash expenditure and the mortgage interest data point and the desired mortgage term in par 50: "Field 418 shows information concerning the future monthly payment for a user for a particular real property using the conservative estimate data of field 416. The field 418 shows principal and interest, taxes and insurance, mortgage insurance, and total monthly payment for a particular percent down payment." See also FIg 5 Item 418, "principle and interest", mortgage term and down payment is above in Item 408
Malyala then teaches (ii) adding the mortgage principal and interest amount to the property tax data point, the insurance estimate data point, the mortgage insurance data point in par 52: "Field 422 shows information concerning the future monthly payment for a user for a particular real property using the aggressive estimate data of field 420. The field 422 shows principal and interest, taxes and insurance, mortgage insurance, and total monthly payment for a particular percent down payment." Fig 5. Item 422
Malyala then teaches (h) comparing the computed monthly mortgage costs with the maximum possible monthly real estate expenditure In Fig 7 where TLC results Item 612 is the maximum possible monthly real estate expenditure (TLC total living cost) and the comparisons are in items 606-610 are compared because they are shown to be within the TLC.
Malyala then teaches (i) displaying a list of real estate listings each within the desired geographical location which has a computed monthly mortgage cost that is less than or equal to the maximum possible monthly real estate expenditure in Fig 7 where TLC results Item 612 is the maximum possible monthly real estate expenditure (TLC total living cost) and the comparisons are in items 606-610 are compared because they are shown to be within the TLC.
Malyala does not teach an HOA data point.
Thomas teaches sending and receiving accurate and competitive bids for mortgages, including an underwriting process. See abstract.
Thomas teaches an HOA data point in col 46 ln 14: "HOA assessments 50, 75, 25 etc.; "
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the max monthly payment teaching of Malyala with the HOA data point teaching of Thomas because one would be motivated to include all information that affects price and therefore max monthly expenditure. It would be more accurate to include this information so that one could have more data points with which to make a decision. Further it would allow for people to make decisions on HOA properties versus non HOA properties and to compare them. For these reasons one would be motivated to combine Malyala with Thomas.
Malyala does not teach (B) determining an applicable county loan limit and/or state loan limit for the at least one mortgage loan program for the geographical location.
FHFA teaches maximum loan limits for Freddie and Fannie in 2017, see page 1.
FHFA teaches (B) determining an applicable county loan limit and/or state loan limit for the at least one mortgage loan program for the geographical location in page 1 where county level data is taught. And/or is taught by teaching either state or county.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the max monthly payment teaching of Malyala with the county loan limit teaching of FHFA because one would be motivated to include all information that affects limits and therefore max monthly expenditure. It would be more accurate to include this information so that one could have more data points with which to make a decision. Further it would allow for people to make decisions on loan packages that have FHA backing and to compare them. For these reasons one would be motivated to combine Malyala with FHFA.
Per claim 2, Malyala, Thomas, and FHFA teach the limitations of claim 1, above.
Malyala further teaches a) computing, for each mortgage provider, the cost for each real estate offering within the desired geographical area;
b) comparing the monthly mortgage cost for each mortgage provider for each real estate offering within the desired geographical area with the maximum possible monthly real estate expenditure for the user;
and c) displaying to the user each real estate offering within the desired geographical area which has a monthly mortgage cost less than or equal to the user's maximum possible monthly real estate expenditure for each mortgage provider in par 081: “Field 612 shows that the "TLC" or total living costs search results are for a real property or home in Bridgewater, N. J., having four bedrooms, two bathrooms. Field 602 indicates that the search refers to a condominium, having about 2,300 square feet, with a 20% down payment and a thirty year fixed mortgage required. Field 604 indicates that the search is for total living cost between $2500 and $3,000.00.”
Per claim 3, Malyala, Thomas, and FHFA teach the limitations of claim 1, above. Malyala further teaches a) providing real estate tax information for real properties, the real estate tax information including real property location and associated real estate tax; b) computing the real estate tax for each real estate property being offered for sale within the desired geographical location; c) computing a monthly allocation of the real estate tax for each real estate property being offered within the desired geographical area; d) computing the monthly cost of ownership for each real estate property being offered within the desired geographical location, the monthly cost of ownership including the monthly allocation of the real estate tax and the monthly mortgage cost; and e) displaying to the user each real estate offering within the desired geographical area which has a monthly cost of ownership less than or equal to the user's maximum possible monthly real estate expenditure in par 081 where c-e are taught: “Field 612 shows that the "TLC" or total living costs search results are for a real property or home in Bridgewater, N. J., having four bedrooms, two bathrooms. Field 602 indicates that the search refers to a condominium, having about 2,300 square feet, with a 20% down payment and a thirty year fixed mortgage required. Field 604 indicates that the search is for total living cost between $2500 and $3,000.00.” See also Fig 4 Items 416-422. See also for a-b Fig 4 Items 416-422 and par 038, property tax information, and pars 052 and 067.
Per claim 4, Malyala, Thomas, and FHFA teach the limitations of claim 1, above. Malyala further teaches a) providing utility cost information for real properties, the real estate tax information including real property location and associated utility cost; b) computing the utility cost for each real estate property being offered for sale within the desired geographical location; c) computing a monthly utility cost for each real estate property being offered within the desired geographical area; d) computing a monthly total cost of ownership for each real estate property being offered within the desired geographical location, the monthly cost of ownership including the monthly allocation of the real estate tax, the monthly mortgage cost; and the monthly utility cost. e) displaying to the user each real estate offering within the desired geographical area which has a monthly total cost of ownership less than or equal to the user's maximum possible monthly real estate expenditure in par 081 where c-e are taught: “Field 612 shows that the "TLC" or total living costs search results are for a real property or home in Bridgewater, N. J., having four bedrooms, two bathrooms. Field 602 indicates that the search refers to a condominium, having about 2,300 square feet, with a 20% down payment and a thirty year fixed mortgage required. Field 604 indicates that the search is for total living cost between $2500 and $3,000.00.” See for a-b Fig 4 item 330 and Par 038, utilities company data. See also par 078: “Field 516 has an icon for and information regarding utility costs for the real property "2". The utility costs in field 516 may include but may not be limited to gas, electric, water, and sewer , and other utility costs.”
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lomas, US PGPUB 2015/0332371 A1 ("Lomas") in view of O'Donnell, US PGPUB 2006/0036465 A1 ("O'Donnell").
Per claim 5, Lomas teaches A method for locating real estate for purchase, the method comprising: a) providing a maximum possible monthly real estate expenditure for a user; in par 0441: " The purchaser data used by the processor 12 is received from the purchaser database 16 and/or from information generated by a user operating the user interface 18. Although the purchaser database 16 is shown as a single database in the embodiment in FIG. 1, the purchaser database may comprise a plurality of databases, and each database may be provided by a different party. For example, the property database 16 may comprise information extracted manually or automatically from documents or digital pages, including reports about the purchaser. There are many potential sources of purchaser data. Examples of sources of purchaser data include, but are not limited to: [0442] information compiled by an advisor to the purchaser; [0443] accounting records relating to the purchaser; [0444] tax return records relating to the purchaser; [0445] information submitted by the purchaser in response to a questionnaire; [0446] information generated by the user interface 18 (described below)." Then see pars 0451 – 0458: gross annual personal taxable income received by the purchaser; [0452] annual salary sacrifice made by the purchaser; [0453] annual government benefits received by the purchaser; [0454] annual non-taxable received by the purchaser; [0455] annual personal expenses of the purchaser; [0456] annual rental expenses of the purchaser; [0457] total limit on each credit card of the purchaser; [0458] non-property annual investment expenses of the purchaser.
b) providing a database of real estate listings including location and asking price in pars 0342 – 0348: " The property data used by the processor 12 is received from the property database 14. Although the property database 14 is shown as a single database in the embodiment in FIG. 1, the property database may comprise a plurality of databases, and each database may be provided by a different party. For example, the property database 14 may comprise information extracted manually or automatically from documents, including reports about the demographics of an area in which a property is located. There are many potential sources of property data. Examples of sources of property data include, but are not limited to: [0343] data from censuses; [0344] data from real estate agent property; [0345] data from property industry specialists; [0346] data from by local councils; [0347] data about employment; and [0348] data from property developers."
c) providing mortgage information including mortgage provider, mortgage interest rate, mortgage term, mortgage type, and any associated fees, in pars
0471-0478: "for each additional mortgage in an existing portfolio of the purchaser, a financier for the additional mortgage; [0472] for each additional mortgage in an existing portfolio of the purchaser, a type of the additional mortgage; [0473] for each mortgage in an existing portfolio of the purchaser, whether the additional mortgage is for a personal or investment purpose; [0474] for each additional mortgage in an existing portfolio of the purchaser, a redraw limit of the additional mortgage; [0475] for each additional mortgage in an existing portfolio of the purchaser, a current balance of the additional mortgage; [0476] for each additional mortgage in an existing portfolio of the purchaser, a current interest rate of the additional mortgage; [0477] for each additional mortgage in an existing portfolio of the purchaser, whether an interest rate for the additional mortgage is fixed or variable; [0478] for each mortgage in an existing portfolio of the purchaser, a date on which a fixed-interest rate period for the additional mortgage ends;"
e) defining a desired geographic location; f) identifying real estate being offered for sale within the desired geographical location in pars 0502-0503: " The user's inputs may be included in the purchaser data. Examples of property specifications that the user may input include, but are not limited to: [0503] property location—country, state, region, suburb;"
g) computing the monthly mortgage cost for each real estate property being offered within the desired geographical area; j) computing a monthly cost of ownership for each real estate property being offered within the desired geographical location, the monthly cost of ownership including the monthly allocation of and the monthly mortgage cost; and k) comparing the monthly cost of ownership for each real estate offering within the desired geographical area with the maximum possible monthly real estate expenditure for the user; in par 0533: " For example, if the purchaser data indicates that the purchaser's budget is $1 million, the index generation module 22 may select properties on offer for prices below $1 million (which is the same as excluding properties on offer for at least $1 million) and generate the property compatibility index for those selected properties. Similarly, if the purchaser data indicates that the purchaser should only purchase properties of a particular type, the index generation module 22 may select properties on offer of that type and only generate the property compatibility index for those selected properties. In another example, the index generation module 22 may select properties based on property specifications provided by the user, for example property specifications submitted via the defined-format fields disclosed above, and only generate the property compatibility index for properties that meet the specifications. In this embodiment, the index generation module and the property exclusion module are the same, however in other embodiments they may be distinct."
l) displaying to the user each real estate offering within the desired geographical area which has a monthly cost of ownership less than or equal to the user's maximum possible monthly real estate expenditure in par 0533 where the index generation generates a property compatibility index and as taught in par 0341 is shown in a display.
Lomas does not teach d) providing real estate tax information for real properties, the real estate tax information including real property location and associated real estate tax; h) computing the real estate tax for each real estate property being offered for sale within the desired geographical location; i) computing a monthly allocation of the real estate tax for each real estate property being offered within the desired geographical area; the real estate tax.
O'Donnell teaches d) providing real estate tax information for real properties, the real estate tax information including real property location and associated real estate tax; h) computing the real estate tax for each real estate property being offered for sale within the desired geographical location; i) computing a monthly allocation of the real estate tax for each real estate property being offered within the desired geographical area; the real estate tax in par 065: "The spreadsheet also includes an Appraisal column 1210 which when selected by the user allows the user to manually, or the software to automatically, enter inputs from a received appraisal for the property. This, of course, assumes that a professional appraisal of the target property has now been completed. The categories of particular interest for multi-family properties include gross rents, laundry, storage, vacancy percentage, other concessions, and, for the expenses section, licenses, pest control, maintenance and repairs, cleaning, decorating and paint, pool maintenance, as well as other items. Note that certain items may be highlighted (e.g., shaded in a particular color), indicating that the user should look at those carefully as they will strongly impact the decision of the lender to issue a conditional approval. For this particular example of a multi-family apartment building, the highlighted items are real estate taxes, other taxes, insurance, gas, electricity, water and sewer, trash, gardening, and residential manager apartment allowance. This highlighting of the important items may, of course, change depending on the type of property to be financed. The spreadsheet also includes a Final/Underwriting column 1214. This column 1214 would reflect the adjustments made manually by the user, to determine their effect on the figures of merit 1208."
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the real estate comparison teaching of Lomas with the real estate tax teaching of O'Donnell because O'Donnell teaches that traditionally an underwriter has to spend considerable time preparing this information and that O'Donnell's invention will save the underwriter time. See par 027. Because one would save time in preparing these comparisons, one would be motivated to modify Lomas with O'Donnell.
Per claim 6, Lomas and O'Donnell teach the limitations of claim 5, above. While Lomas teaches computing for each real estate offering, Lomas does not teach a) computing, for each mortgage provider, the cost for … within the desired geographical area; b) comparing the monthly mortgage cost for each mortgage provider for …. within the desired geographical area with the maximum possible monthly real estate expenditure for the user; and c) displaying to the user … within the desired geographical area which has a monthly mortgage cost less than or equal to the user's maximum possible monthly real estate expenditure for each mortgage provider.
O'Donnell teaches an online interface for loan underwriting. See abstract.
O'Donnell teaches a) computing, for each mortgage provider, the cost for … within the desired geographical area; b) comparing the monthly mortgage cost for each mortgage provider for …. within the desired geographical area with the maximum possible monthly real estate expenditure for the user; and c) displaying to the user … within the desired geographical area which has a monthly mortgage cost less than or equal to the user's maximum possible monthly real estate expenditure for each mortgage provider in par 068 "Other tools that may be made available to the user, under the Tools section of the Web page in FIG. 13, include a loan program sizer (to see how the different loan programs compare in terms of interest expenses, for example, as applied to the target property), an expense estimator (to see how changing certain expense categories affects the total operating expenses of the target property and in relation to the EGI, expected gross income), and a financial calculator (to determine the loan payment characteristics for the selected loan program, including number of monthly payments, interest rate, and monthly payment)." The display is taught in par 064: " the example Web page shows a spreadsheet that has a number of items, including rents and other sources of income (1204), expenses (1206, still preferably listed at essentially the same level of detail and sequence of Form 71A), and ending with a number of loan and/or investment figures of merit 1208 (including, in this case, first trust deed debt service, debt coverage ratio, combined debt service, and capitalization expense (CAPEX). These items are listed for, in this example, up to three previous years and are populated automatically by the software based on the previously entered information in the form."
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the real estate comparison teaching of Lomas with the mortgage provider data (interest) teaching of O'Donnell because O'Donnell teaches that traditionally an underwriter has to spend considerable time preparing this information and that O'Donnell's invention will save the underwriter time. See par 027. Because one would save time in preparing these comparisons, one would be motivated to modify Lomas with O'Donnell.
Per claim 7, Lomas and O'Donnell teach the limitations of claim 6, above. Lomas does not teach a) providing utility cost information for real properties, the real estate tax information including real property location and associated utility cost; b) computing the utility cost for each real estate property being offered for sale within the desired geographical location; c) computing a monthly utility cost for each real estate property being offered within the desired geographical area; d) computing a monthly total cost of ownership for each real estate property being offered within the desired geographical location, the monthly cost of ownership including the monthly allocation of the real estate tax, the monthly mortgage cost; and the monthly utility cost. e) displaying to the user each real estate offering within the desired geographical area which has a monthly total cost of ownership less than or equal to the user's maximum possible monthly real estate expenditure.
O'Donnell teaches a) providing utility cost information for real properties, the real estate tax information including real property location and associated utility cost; b) computing the utility cost for each real estate property being offered for sale within the desired geographical location; c) computing a monthly utility cost for each real estate property being offered within the desired geographical area; d) computing a monthly total cost of ownership for each real estate property being offered within the desired geographical location, the monthly cost of ownership including the monthly allocation of the real estate tax, the monthly mortgage cost; and the monthly utility cost. e) displaying to the user each real estate offering within the desired geographical area which has a monthly total cost of ownership less than or equal to the user's maximum possible monthly real estate expenditure in par 070: "Underwriting column 1609 that has the expense cells 1604 formatted according to the lender's internal format. For example, the lender may like to combine several utility line items into one, the Undetailed-Combined Utilities cell 1612. In that case, values for Gas (1614), Electricity (1616), and Trash (1618) taken from the Actual column 1605 would be combined by the software into the single, Combined Utilities cell 1612 in the Final Underwriting column 1609. For comparison, the Actual column 1605 listing the values given by the broker may also be included. Note the spreadsheet already includes an Appraisal column 1607, ready to be used by the lender to insert the appraisal information once received." And as shown in claim 3 the real estate taxes are taught in par 065.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the real estate comparison teaching of Lomas with the real estate tax and utilities teaching of O'Donnell because O'Donnell teaches that traditionally an underwriter has to spend considerable time preparing this information and that O'Donnell's invention will save the underwriter time. See par 027. Because one would save time in preparing these comparisons, one would be motivated to modify Lomas with O'Donnell.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malyala, US PGPUB 20080015890 A1 ("Malyala"), in view of Thomas, US Pat No 8433650 B1 ("Thomas"), further in view of FHFA, Announces increase in maximum conforming loan limits in 2017, available at: < https://www.fhfa.gov/news/news-release/fhfa-announces-increase-in-maximum-conforming-loan-limits-for-fannie-mae-and-freddie-mac-in-2017 >, published on November 23, 2016, (“FHFA”), further in view of Packes et al., US PGPUB 2015/0242747 A1 ("Packes").
Per claim 8, Malyala, Thomas, and FHFA teach the limitations of claim 1, above. Malyala teaches as shown in claim 1 identifying comparable real estate properties to each real estate offering within the desired geographical area which has a monthly mortgage cost less than or equal to the user's maximum possible monthly real estate expenditure but Malyala does not teach computing a prediction of the expected days remaining on market for at least one of the each real estate offering; and c) presenting to the user the prediction.
Packes teaches valuation of real estate. See par 005.
Packes teaches computing a prediction of the expected days remaining on market for at least one of the each real estate offering; and c) presenting to the user the prediction in par 078: "The user may utilize section 671 to view values for the property, such as estimated current price, predicted selling price, predicted days on the market, suggested asking price, projected price, and/or the like. The user may utilize section 673 to view comparable properties for the property. In one implementation, an explanation of any change in predicted value (e.g., predicted by a set of neural networks) of a comparable property relative to the time of transaction may be provided (e.g., the comparable property sold for $X two years ago, during this time the market rose Y %). The user may utilize section 675 to view past activities in the building."
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the real estate comparison tool teaching of Malyala with the prediction of expected days teaching of Packes because Packes teaches in par 020 using a neural network which is a more effective comparison tool because it allows for developing nuanced computational models to arrive at the results. Because this would be a more effective tool one would be motivated to modify Malyala with Packes.
Per claim 9, Malyala, Thomas, FHFA, and Packes teaches the limitations of claim 8, above. Malyala further teaches comparable real estate properties are determined by weighing at least one factor selected from the group consisting of location, price per square foot, condition, and home design in in pars 076-078 where location is taught: “The field 502 shows a house icon with a "1" inside, indicating that a house or a particular real property is for sale at the location on the map 501 where the house icon "1" is located. Similarly, the field 504 shows a house icon "2" corresponding to another house or another real property. Field 506 shows a box of information referring to the house corresponding to house icon "2".
The Field or box 506 shows TLC=$2500.00. "TLC" means "total living cost", which is the total monthly living cost for the house corresponding to house icon "2". The Field 506 has buttons 506a for "Main" which gives information such as the address, bedrooms, baths, pictures of the house or property, 506b for "Property Details", and 506c for "Lifestyle Details". When a user clicks on the button 506c for "Lifestyle Details" using a computer mouse, the Lifestyle Details menu, box, or table 507 shown in FIG. 6, appears on the computer monitor or display device, such as display device 314.
The lifestyle details menu 507 includes fields 508, 510, 512, 514, 516, 518, and 520. Field 508 has an icon for and information regarding commuter costs from the real property "2" to the user's place of business. This is based on the type of the car the particular user drives for MPG (miles per Gallon), how many miles to work, tolls and current gas cost. Field 510 has an icon for information regarding commuter costs 2 which could be based on another user who is going to be living in the house and commuting to another location from the real property "2" to the other user's place of business. Alternatively, the second commuter cost shows if a user drives a different car what the cost of commuting would be.”
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malyala, US PGPUB 20080015890 A1 ("Malyala"), in view of Thomas, US Pat No 8433650 B1 ("Thomas"), further in view of FHFA, Announces increase in maximum conforming loan limits in 2017, available at: < https://www.fhfa.gov/news/news-release/fhfa-announces-increase-in-maximum-conforming-loan-limits-for-fannie-mae-and-freddie-mac-in-2017 >, published on November 23, 2016, (“FHFA”), in view of D'Souza et al., US PGPUB 2017/0076408 A1 ("D'Souza").
Per claim 10, Malyala, Thomas, and FHFA teaches the limitations of claim 1, above. Malyala does not teach computing the amount of renovation financing available for at least one of each real estate offering within the desired geographical area which has a monthly mortgage cost less than or equal to the user's maximum possible monthly real estate expenditure; and b) displaying the computed amount of renovation financing available to the user.
D'Souza teaches property evaluation methods. See abstract.
D'Souza teaches computing the amount of renovation financing available for at least one of each real estate offering within the desired geographical area which has a monthly mortgage cost less than or equal to the user's maximum possible monthly real estate expenditure; and b) displaying the computed amount of renovation financing available to the user in par 058: "Once the particular issues and items to be included in the modified purchase price evaluation of the device failure analysis module 154 and renovation analysis module 155 are identified, the cost analysis module 156 calculates estimated costs associated with each identified issue. As noted, both the device failure analysis module 154 and renovation analysis module 155 may output a set of issues to be addressed, including proposed solutions or actions to be taken to remedy those issues. The cost analysis module 156 performs an automated analysis of the costs associated with the proposed solutions or actions. For device-related actions, the replacement cost information 1058, repair cost information 1060, and alternative device options 1062 may be consulted and analyzed. Similarly, for renovation and repair to the structure, information on particular providers from the provider listings 1072 may be searched to determine costs 1076 associated with different renovation and repair types. In some instances, the cost analysis module 156 may perform an analysis to determine a potential reduction in the actual purchase price of the property. This information may be performed by an appraiser or automated appraisal system, such as appraisal module 194 of the financial system 190. Information on the property along with the issues may be provided to the appraisal system, where changes to the appraised price may be determined. The changes to the initial price may then be included in the cost analysis by the cost analysis module 156 and included in the modified purchase price evaluation, including an evaluation by the financial system 190 as to whether financing based on the modified price may be approved. The initial price may be a price determined by a realtor or selling party using professional knowledge to set an initial sale or proposed sale price. Alternatively, the initial price may be an initial appraisal value or other calculated price from a particular professional, person, or other entity. In some instances, the informed, modified or revised price is then a calculated price revised based on the cost analysis operations and determinations, where the modified price may reflect a more accurate estimated cost for potential purchasers, realtors, or other parties based on the work and actions to be performed."
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the property comparison teaching of Malyala with the renovation comparison teaching of D'Souza because D'Souza teaches that by doing such calculations a better purchase price can be determined. This would save a purchaser money or at least enable the purchaser to better compare the property to other similar properties. For this reason one would be motivated to modify Malyala with D'Souza.
Therefore, claims 1-10 are rejected under 35 USC 103.
Response to remarks:
35 USC 102
Applicant argues claim 1 per Lomas but the claim was amended and the amendment required further search and consideration, rending the arguments moot, as there is new art applied. This also goes for claims 2-4 and 8-10.
Applicant argues that claim 5 depends on claim 1. It does not. This argument is therefore unpersuasive. Claims 6-7 also do not depend on claim 1 and are similarly unpersuasive.
35 USC 101.
In A, Applicant argues that amended claim 1 is not directed to an abstract idea. Prong 1 states that the argument recites an abstract idea. Even taking Applicant’s characterization of the claims (“constrained result set”, “ jurisdiction specific mortgage eligibly” etc) the elements here that are not generic computer elements are, in combination, an abstract idea. They are similar to the cases in Dealertrack, Bancorp, and Villena listed above and previously discussed in the Final rejection, as detailed above. Therefore this is not persuasive.
In B, Applicant argues that there is a practical application. However, the arguments are based on the abstract idea elements of finding real estate listings. A practical application (and significantly more) is based on the combination of additional elements, that is, elements additional to the abstract idea. As detailed above, these amount to, in combination, a (single) generic computer, such as a generic smartphone or a computer like an Asus, Thinkpad, Macbook, etc. As the abstract idea is instructed to be run on the generic computer, this is not a practical application, but instead “apply it" to a computer, see MPEP 2106.05(f)(2). Taken as true, listings that are financeable under at least one eligible program subject to jurisdictional loan limits is a commercial interaction, see certain methods of organizing human activities, because it describes arriving at a mutually agreeable set of terms. Therefore, this describes the abstract idea and not a practical application.
In C, Applicant argues there is a “gating mechanism” which is defined as loan program determination and loan limit exclusion, but similar to B, above, this is an abstract idea element, which says, here are the loan programs a consumer is eligible for, and here are the loans above which the consumer is excluded from. This may be done with an actuarial table, for example, with the proper numbers on the x, y, axes. In other words, a commercial interaction. See the cases referenced above. So, similar to B, these arguments in C describe an abstract idea. Significantly more (than the abstract idea) concerns elements that are outside of the abstract idea, like hardware or machine learning algorithms, to take two non-limiting examples. As these arguments do not pertain to elements outside of the abstract idea, this argument is not persuasive.
Therefore, the rejection is maintained.
Conclusion
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/RICHARD W. CRANDALL/ Primary Examiner, Art Unit 3619