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 .
This communication is responsive to amended application filed on 01/09/2026.
Claims 1-8 are presented for examination.
Response to Arguments
Applicant’s arguments/amendments, see Remarks pg. 6, filed 01/09/2026, with respect to claims 1, 7, and 8 have been fully considered and are persuasive. The rejection of 35 USC 112 has been withdrawn.
Applicant's arguments filed 01/09/2026 have been fully considered but they are not persuasive.
Applicants argued:
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Examiner respectfully disagrees. The claim of the instant invention does not demonstrate any specific improvement over traditional methods, as no clear advantages in terms of speed or computational efficiency within the claim language itself. “It is important to keep in mind that an improvement in the abstract idea itself (e.g., a recited fundamental economic concept) is not an improvement in technology” (MPEP 2106.05(a)(III). Further, the claim recites an additional element of “automatically”. The term “automatically” implies that a generic server may utilized to perform the generation of a space.
As discussed above, the automatically configured is considered to be well-understood, routine and conventional activity [MPEP 2144.04 (III)-automation of a known process or manual activity].
Further, applicants argued:
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Examiner respectfully disagrees. Any purported improvement to a technology or technical field as direct consequence of the “mental process” grouping of abstract ideas. “An inventive concept "cannot be furnished by the unpatentable law of nature (or natural phenomenon or abstract idea) itself” (MPEP 2106.05(I)).
Applicant’s arguments with respect to the rejections of claims 1, 7, and 8 under 35 USC 103(a) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
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 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 (Does this claim fall within at least one statutory category?):
Claims 1-6 are directed to a system.
Claim 7 is directed to a method.
Claim 8 is directed to a product.
Therefore, claims 1-8 fall into at least one of the four statutory categories.
Step 2A, Prong 1: ((a) identify the specific limitation(s) in the claim that recites an abstract idea: and (b) determine whether the identified limitation(s) falls within at least one of the groups of abstract ideas enumerates in MPEP 2106.04(a)(2)):
Claim 1:
A server [a generic computer element for performing a generic computer functions], configured to:
receive from a user an information ~-describing intended function of spaces of a building and events of the spaces of the building [insignificant extra solution, e.g. mere data-gathering], wherein an event represents the purpose, and wherein each event has a driver that corresponds to a serviceability of the space, and each event includes value functions for the properties of the space in terms of an implementation of the space [insignificant extra solution, e.g. mere data-gathering];
based on the received information -describing said intended function, the server is further automatically [a generic computer element for performing a generic computer functions] configured to:
transform the information describing said function into information describing spaces of a virtual building and requirements for the building project [“mental process i.e. concepts performed with pen and paper (including an observation, evaluation judgement, opinion) and/or mathematical concepts];
wherein the server [a generic computer element for performing a generic computer functions] is further configured to determine in the transformation, as a requirement for the spaces and the building project, size, purpose and properties of the space on the basis of said function [“mental process i.e. concepts performed with pen and paper (including an observation, evaluation judgement, opinion) and/or mathematical concepts];
wherein the server is further configured to determine the transformation based on a combination of the value functions of each event for the space [“mental process i.e. concepts performed with pen and paper (including an observation, evaluation judgement, opinion) and/or mathematical concepts];
transform the information describing the spaces of the virtual building and the requirements for the building project into information describing massing of the virtual building [“mental process i.e. concepts performed with pen and paper (including an observation, evaluation judgement, opinion) and/or mathematical concepts];
transform the information describing the massing of the virtual building into building elements and usage elements of the virtual building [“mental process i.e. concepts performed with pen and paper (including an observation, evaluation judgement, opinion) and/or mathematical concepts],
wherein said virtual building corresponds to a physical building and its use, wherein the virtual building is obtained on the basis of said transformations a previous transformation being the basis for the next transformation wherein said virtual building is configured to be provided automatically by the server to the user based on only the information being a setpoint information relating to the intended function of the user of the building [“mental process i.e. concepts performed with pen and paper (including an observation, evaluation judgement, opinion) and/or mathematical concepts].
Step 2A, Prong 2 (Step 2A, Prong 2: 2019 PEG Additional elements that integrate the Judicial exception/Abstract idea into a practical application: No): There is an additional element of “receiving”. However, this additional element is insignificant pre-solution (i.e. data gathering). Further, the claim has an additional element of “server”. The server recited at a high level of generality (e.g. a generic computer element for performing a generic computer functions) such that it amounts to no more than mere application of the judicial exception using generic computer component(s). In addition, the claim recites an additional element of “automatically”. The term “automatically” implies that a generic server may utilized to perform the generation of a space. Accordingly, the additional element(s) of each of these claims do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, for at least these reasons, each of the claims is directed to an abstract idea.
Step 2B: (Does the claim recite additional elements that amount to significantly more than the judicial exception? No): As recited above the additional element of “receiving” are insignificant pre-solution (i.e. data gathering). At most the additional element is not found to including anything more than data gathering. See MPEP 2106.04(d) referencing MPEP 2106.05(g), example (iv) - Obtaining information about transactions. Further, as discussed above with respect to the integration of the abstract into a practical application, the additional elements of “server” amounts to no more than mere instructions to apply the judicial exception using generic computer component(s). Further, as discussed above, the automatically configured is considered to be well-understood, routine and conventional activity [MPEP 2144.04 (III)-automation of a known process or manual activity]. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
For at least these reasons, independent claim 1 is not patent eligible.
As per claims 2-6, dependent claims 2-6 are drawn to additional details of the manipulating the intangible data models and information. These limitations are considered to be drawn to the abstract idea without adding significantly more. Claims 2-6 are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
As per Claims 7-8, similar analysis as claim 1 applies to claims 7-8.
Allowable Subject Matter
Claims 1-8 would be allowable over prior art and allowed when amended to overcome rejections above.
The following is a statement of reasons for the indication of allowable subject matter:
MIR AHMADI et al (US Publication No. 2017/0076016 A1) discloses Abstract, user defined parameters are entered and, based on the user inputs and the system configuration, a layout for the space is provided, First the space is defined in terms of dimensions and shape, second the desired areas or rooms are generated including areas for rooms as may be defined by user input…; par [0050] the present invention be used to generate layouts for single floor houses, floor layouts for hotels….these terms encompass the concepts of an area with a desired and specific function and may include, among others, bedroom, living room, offices , hotel room, bathrooms, closets, dens, conference room, kitchens, pantries, storage rooms, reception areas, foyers, dining room, breakfast nooks, terrariums, and balconies; par [0051] the system according to the invention may be implemented using the modules in Fig. 1, as can be seen, the system 200 includes an input module….; par [0138] the system resides on a server and is accessible to users by way of the internet or by any suitable computer network; par [0050] the present invention be used to generate layouts for single floor houses, floor layouts for hotels….these terms encompass the concepts of an area with a desired and specific function and may include, among others, bedroom, living room, offices , hotel room, bathrooms, closets, dens, conference room, kitchens, pantries, storage rooms, reception areas, foyers, dining room, breakfast nooks, terrariums, and balconies; par [0096] the system is provided to automatically generate multiple layouts based on a user provided document detailing requirements for a specific space; par [0097] multiple software modules implanting different algorithms for generating layouts are provided in the systems, depending on the user requirements and user input, different modules may be used to generate the layouts.
Sacks et al ( R. Sacks, A. Warszawski, “A project model for an automated building system: design and planning phases”, (Herein referred as Sacks et al), pgs. 21-34, 1997) discloses pg. 24 left side column, 2.1 Stages of the automated process; stage 2 is the generation of the preliminary design information called the design brief, the information generated at this stage transforms the general requirements of the user into a more precise description of the ‘physical contents’ of the building, the description includes the building brief (program) and the design requirements, the brief includes the floor areas of the various spaces which are needed in the building to satisfy the owner requirement.
Wood et al (US Publication No. 2016/0012357 A1) discloses [0033] FIG. 2 is a simplified organization chart implemented in accordance with an embodiment of the invention for the performance of automated space layout operations associated with a marketing organization. In this embodiment, the organization chart 200 depicts the structure of a marketing organization that is headed by a Vice President (VP) of Marketing 202, who has direct reports that include an Executive Assistant 212 and Directors of Marketing ‘1’ 204 and ‘2’ 224; [0036] FIG. 3 is a simplified table of space requirements data implemented in accordance with an embodiment of the invention for the performance of automated space layout operations associated with the marketing organization depicted in the organization chart shown in FIG. 2. In this embodiment, the table of space requirements data 300 shows a listing of personnel 324 data and associated space allocation 322 data. As shown in FIG. 3, the personnel 324 data includes quantity 326 data associated with the number of each organizational role 328 depicted in the organization chart 200 shown in FIG. 2. As likewise shown in FIG. 3, the associated space allocation 322 data includes personal space 330, conference room 338, and common area 344 data associated with each organizational role 328. Likewise, the personal space 330 data includes space type 332, space size 334, and occupancy ratio 336 data. The conference room 338 data likewise includes adjoining space 340 data and allocation ratio 342 data, and the common area 344 data includes area allocation 344 and area ratio 348 data; [0057] Likewise, the table of space requirements data 600 shows that the role 628 of “Director-Call Center” is entitled to the use of a conference room 638 that is an adjoining space 640, and has an allocation ratio of 1:6, signifying that the adjoining conference room can accommodate six individuals. In contrast, the table of space requirements data 600 shows that the role 628 of “Inbound Representative” or “Outbound Representative” is entitled to the use of a conference room 638 that is not an adjoining space 640, and has an allocation ratio 642 of 6:1, signifying that the non-adjoining conference room space is allocated at the ratio of one conference room for every six “Inbound Representatives” or “Outbound Representatives.” Likewise, the table of space requirements data 600 shows that the role 628 of “Director-Call Center” and “Inbound Representative” or “Outbound Representative” are each entitled to use of common area 644 space at the respective occupancy ratio 648 of 1:1 and 6:1.
MIR AHMADI et al, Sacks et al, Wood et al and other prior arts do not singularly or in combination disclose the limitations: “receive from a user information describing intended function of spaces of a building and events of the spaces of the building, wherein an event represents the purpose, and wherein each event has a driver that corresponds to a serviceability of the space, and each event includes value functions for the properties of the space in terms of an implementation of the space; based on the received information describing said intended function and events of the spaces of the building, the server is further automatically configured to: transform the information describing said intended function and events of the spaces of the building into information describing spaces of a virtual building and requirements for a building project; wherein the server is further configured to determine in the transformation from the information describing said intended function and events of the spaces of the building into information describing the spaces of the virtual building and requirements for the building project, as a requirement for the spaces of the virtual building and the building project, a size, a purpose and properties of the space on the basis of said function; wherein the server is further configured to determine the transformation from the information describing said intended function and events of the spaces of the building into information describing the spaces of the virtual building and requirements for the building project based on a combination of the value functions of each event for the space; transform the information describing the spaces of the virtual building and the requirements for the building project into information describing massing of the virtual building; transform the information describing the massing of the virtual building into building elements and usage elements of the virtual building, wherein said virtual building corresponds to a physical building and its use, wherein the virtual building is obtained on the basis of said transformations a previous transformation being the basis for the next transformation without building information model, BIM” as recited in claims 1, 7 and 8.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIBROM K GEBRESILASSIE whose telephone number is (571)272-8571. The examiner can normally be reached M-F 9:00 AM-5:30 PM.
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KIBROM K. GEBRESILASSIE
Primary Examiner
Art Unit 2189
/KIBROM K GEBRESILASSIE/Primary Examiner, Art Unit 2189 03/20/2026