DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are currently pending. Claims 17-20 have been withdrawn in response to the restriction requirement. Claims 1-16 have been examined in this application. This communication is the first action on the merits.
Election/Restrictions
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 3, 2024.
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2 recites the limitation “wherein the property layout includes location coordinates or a range/set of coordinates and the and the message includes a current location of the user device, and” but should read “wherein the property layout includes location coordinates or a range/set of coordinates and the .
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 3 is 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 pre-AIA , the applicant, regards as the invention.
Claim 3 recites “use at least the user profile and information associated with the virtual property tour to create an ordered list of rooms or property features most relevant to the user; create a virtual path through the property such that at least some of the higher listed rooms or property features are viewed at a beginning of personalized virtual property tour; and create the sequence for the room images and text based on the virtual path. [emphasis added].” As recited, there appears to be circular causality issue. Specifically, it is unclear how a sequence of room images can be based on the virtual path, when the virtual path is created with consideration of the sequence/ordered list of rooms. Consequently, one of ordinary skill in the art cannot determine how to avoid infringement of these claims because the metes and bounds of these claims are unclear. For examination purposes, the Examiner has interpreted this claim as merely create a virtual path through the property.
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 1-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1. When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter.
Step 2A – Prong One. If the claims fall within one of the statutory categories, it must then be determined whether the claims recite an abstract idea, law of nature, or natural phenomenon.
Step 2A – Prong Two. If the claims recite an abstract idea, law of nature, or natural phenomenon, it must then be determined whether the claims recite additional elements that integrate the judicial exception into a practical application. If the claims do not recite additional elements that integrate the judicial exception into a practical application, then the claims are directed to a judicial exception.
Step 2B. If the claims are directed to a judicial exception, it must be evaluated whether the claims recite additional elements that amount to an inventive concept (i.e. “significantly more”) than the recited judicial exception.
In the instant case, claims 1-16 are directed to a machine.
A claim “recites” an abstract idea if there are identifiable limitations that fall within at least one of the groupings of abstract ideas enumerated in MPEP 2106. In the instant case, claim 1 recites the steps of:
a memory device storing a virtual property tour and a user profile, the virtual property tour including at least one of a property layout, room images, property features for the rooms, room and property descriptions, or prompts for providing feedback; and
a server communicatively coupled to the memory device, the server configured to:
determine a user has selected to view the virtual property tour via a message from a user device,
use the user profile of the user to select a sequence for the room images and text to personalize the virtual property tour,
access a third-party website to obtain neighborhood information linked to the personalized virtual property tour, and
transmit the personalized virtual property tour to the user device
These claim limitations set forth certain methods of organizing human activity, particularly commercial interactions including advertising, marketing, and sales activities/behaviors. Additionally, these steps set forth mental processes, particularly concepts performed in the human mind, including, inter alia, the observation and evaluation of information.
Further, the limitations of the claims are not indicative of integration into a practical application. Taking the independent claim elements separately, the additional elements of performing the steps via a memory device storing, a virtual property tour, a server communicatively coupled to the memory device, the server configured, a user device, and a third-party website -- merely implement the abstract idea on a computer environment. Additionally, taking the dependent claim elements separately, the additional element of a machine learning algorithm also merely implements the abstract idea on a computer environment. Considered in combination, the steps of Applicant’s method add nothing that is not already present when the steps are considered separately.
Thus, claims 1-16 are directed to an abstract idea.
Regarding the independent claims, the technical elements of performing the steps via a memory device storing, a virtual property tour, a server communicatively coupled to the memory device, the server configured, a user device, and a third-party website -- merely implement the abstract idea on a computer environment. While the dependent claims recite a machine learning algorithm, this limitation is recited at a high level of generality and thus does not amount to significantly more.
When considering the elements and combinations of elements, the claim(s) as a whole, do not amount to significantly more than the abstract idea itself. This is because the claims do not amount to an improvement to another technology or technical field; the claims do not amount to an improvement to the functioning of a computer itself; the claims do not move beyond a general link of the use of an abstract idea to a particular technological environment; the claims merely amounts to the application or instructions to apply the abstract idea on a computer; or the claims amounts to nothing more than requiring a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry.
The analysis above applies to all statutory categories of invention. Accordingly, claims 1-16 are rejected as ineligible for patenting under 35 USC 101 based upon the same rationale.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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.
Claims 1-7, 9-12, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Leuer (US PGP 2014/0279247) in view of Jagannathan (US PGP 2022/0319108), priority date 3/31/2021.
Examiner note: Claims 1-16 set forth a "system" in the preamble which is interpreted to be an assembly of physical elements. Burr v. Duryee, 68 U.S. (1 Wall.) 531, 570, 17 L. Ed. 650 (1863) (Machine is a concrete thing, consisting of parts, or of certain devices and combination of devices.). Accordingly, once the structural limitations of the claims are satisfied, the system as a whole is satisfied – the manner of operating the device does not differentiate an apparatus claim from the prior art. “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
As per claim 1, Leuer teaches [a] system for personalizing a virtual property tour for a user, the system including:
a memory device storing a virtual property tour and . . . , the virtual property tour including at least one of a property layout, room images, property features for the rooms, room and property descriptions, or prompts for providing feedback; and (Leuer: [0012], [0014]-[0116], [0042]-[0043]; [0037] (Once the information is entered by the asset seller, an aggregation process takes place, at 220. Once aggregated, the information may be correlated or grouped together into like groups having a common point of interest, at 230. The correlation results in pages that may be displayed in a mobile computing device while a prospective buyer carries out an in situ tour of an asset. In variations, the correlating may be carried out by specifying the prompts in certain ways such that the answers are necessarily correlated. Once generated, the pages for the presentation are sequenced in a certain order and stored in the database. As noted above, in certain situations, feedback from a prospective asset buyer may be used to modify the underlying data for a given presentation, and possibly modify the presentation itself.); [0020]-[0023] (each of the data prompts may also have an accompanying prompt for audio information 112 that allows the seller to audibly explain aspects of each room—the kitchen, living room, bedroom(s), bathroom(s), the yard(s), etc. In a similar manner, the request module 108 may request image information in the form of photographs 114 or video 116 of each room or area to supplement the existing state of the room or area during the tour. A seller, or otherwise a representative or associate of the seller, can provide such photographs 114 or video 116 in response to the prompts. Alternatively, the seller interface 102 can provide a knowledgeable seller freedom in customizing the eventual presentation, or certain functions of the seller interface 102 can be automated. For example, the seller may be prompted to provide an address of the real property asset to be sold. In response to receiving the address, at least a portion of the asset data 110 may be pulled from a third party resource. Additionally or as an alternative, a custom prompt may be included to enable the seller to highlight any other features of the asset besides the basic information. . . . Once information is categorized into common points of interest, the information groupings may then be processed into pages that may be generated and sequenced by a content sequencer 124. The resulting content items that form the presentation may then be stored in a database 132 and associated with an identifier (such as a property address or geocode) unique to the asset.);
a server communicatively coupled to the memory device, the server configured to: (Leuer: [0015]-[0016])
determine a user has selected to view the virtual property tour via a message from a user device, (Leuer: Fig. 3; [0038] (Retrieving the presentation may be carried out by steps set forth in FIG. 3. As a prospective buyer brings a mobile computing device with location services proximate to the asset and launches the in situ tour application interface 158, which is detected by system 100, at 310, the application may determine a geographic correlation between the mobile device and the asset, at 320.))
use . . . the user to select a sequence for the room images and text to personalize the virtual property tour, (Figs. 2-3; Leuer: [0020]-[0023] (In a similar manner, the request module 108 may request image information in the form of photographs 114 or video 116 of each room or area to supplement the existing state of the room or area during the tour. A seller, or otherwise a representative or associate of the seller, can provide such photographs 114 or video 116 in response to the prompts. Once information is categorized into common points of interest, the information groupings may then be processed into pages that may be generated and sequenced by a content sequencer 124.); Claim 12 (prompting a seller for information associated with the real property asset, the information including media content relating to different points of interest of the asset; aggregating the information associated with the asset; and grouping the information into separate points of interest to be sequenced to a user during an in situ tour of the asset.); [0036]-[0037] (The prompts enable the asset seller to provide basic factual data and optional image and/or audio data regarding the points of interest. . . . Once aggregated, the information may be correlated or grouped together into like groups having a common point of interest, at 230. The correlation results in pages that may be displayed in a mobile computing device while a prospective buyer carries out an in situ tour of an asset. In variations, the correlating may be carried out by specifying the prompts in certain ways such that the answers are necessarily correlated. Once generated, the pages for the presentation are sequenced in a certain order and stored in the database. As noted above, in certain situations, feedback from a prospective asset buyer may be used to modify the underlying data for a given presentation, and possibly modify the presentation itself.); [0029] (Furthermore, during the tour, the user may wish to focus on one or more particular rooms or features of the asset, such as the garage or toolshed, while a counterpart touring the asset may wish to focus on other features, such as a master bedroom or kitchen. In such scenarios, each user can launch the application on each respective device and conduct separate virtual tours of the asset while conducting the same physical tour.))
access a third-party website to obtain neighborhood information linked to the personalized virtual property tour, and (Leuer: [0020] (In response to receiving the address, at least a portion of the asset data 110 may be pulled from a third party resource.); [0021] (As an addition or alternative example, the geocode 118 may be used to automatically pull data regarding the asset from a third party resource. In such variations, a prompt can be included that asks the seller whether he or she is located at the asset to be sold, and the address can be pulled by correlating the location of the computing device 104 with one or more third party resources that identify addresses and property information.); [0028] (For instance, as the prospective buyer gains access to the property, an audio recording may point attention to the “white picket fence” or “cul-de-sac” location and the “well-manicured lawn.”); [0027] (The buyer interface 134 may also provide access to relevant sites of interest associated with the asset through the services module 170. Relevant sites may include a local city website 140 ore resource, a county records website 142 or resource, or other services as more fully explained below.))
transmit the personalized virtual property tour to the user device. (Leuer: Fig. 3; [0038] (If the software detects the geographic proximity, at 330, a previously generated presentation associated with the asset may be downloaded or streamed to the prospective buyer for use during an in situ tour, at 340.))
While Leuer teaches a user and user preferences, (Leuer: [0029]; [0037]-[0039]); Leuer does not explicitly disclose a user profile. Still, one of ordinary skill in the art would have recognized such features to be obvious, as they were well established at the time of invention.
For example, Jagannathan teaches
a memory device storing . . . a user profile (Jagannathan: [0008]-[0009] (storage device may be configured for retrieving the user profile data).
use the user profile of the user to select a sequence for the room images and text to personalize the virtual property tour (Jagannathan: [0073] (Further, the method may include retrieving, using a storage device, a user profile data based on the identity data. Further, the method may include analyzing, using the processing device, the user profile data using a machine learning model. Further, the method may include determining, using the processing device, at least one preference data based on the analyzing. Further, the method may include identifying, using the processing device, at least one virtual utility object based on the at least one preference data. Further, the method may include generating, using the processing device, an interactive 3D model data comprising the at least one virtual utility object.); Fig. 18; [0114]-[0122]; [0052]-[0053] (Further, the present disclosure describes a method for 2D to 3D AI based conversion. The method may include transforming a floorplan to an interactive 3D walkthrough. The method may generate a rendering pipeline. The method may convert images (or PDF or DWG) into interactive 3D walkthroughs for VR.); Fig. 3; [0096])
This known technique is applicable to the method of Leuer as they both share characteristics and capabilities, namely, they are directed to customizing virtual tours.
One of ordinary skill in the art at the time of filing would have recognized that applying the known technique of Jagannathan would have yielded predictable results and resulted in an improved method. It would have been recognized that applying the technique of Jagannathan to the teachings of Leuer would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such profile features into similar methods. Further, applying the memory device storing a user profile and use of the user profile of the user to the user preferences and teachings of Leuer would have been recognized by those of ordinary skill in the art as resulting in an improved method that would allow provisioning a virtual experience of a building based on user profile data with limited resources (Jagannathan: Para [0003]-[0006]).
As per claim 2, Leuer/Jagannathan teach wherein the property layout includes location coordinates or a range/set of coordinates and the and the message includes a current location of the user device, and (Leuer: [0036] (A geocode specifying, for example, the GPS coordinates of the asset may also be provided.); [0021] (As an alternative or variation, a geocode 118 associated with the asset may be automatically retrieved from the computing device 104 over network 106 (assuming the device is resident at the asset), or may be determined through cross-referencing a street address to the corresponding GPS coordinates.); Fig. 3, [0038] (As a prospective buyer brings a mobile computing device with location services proximate to the asset and launches the in situ tour application interface 158, which is detected by system 100, at 310, the application may determine a geographic correlation between the mobile device and the asset, at 320. If the software detects the geographic proximity, at 330, a previously generated presentation associated with the asset may be downloaded or streamed to the prospective buyer for use during an in situ tour, at 340.); [0028];
wherein the server is configured to:
determine the current location of the user device corresponds to the location coordinates or the range/set of coordinates of the property layout, and (Leuer: [0038] (As a prospective buyer brings a mobile computing device with location services proximate to the asset and launches the in situ tour application interface 158, which is detected by system 100, at 310, the application may determine a geographic correlation between the mobile device and the asset, at 320. If the software detects the geographic proximity, at 330, a previously generated presentation associated with the asset may be downloaded or streamed to the prospective buyer for use during an in situ tour, at 340.); [0028] (Where such precise location data is available, the application may detect how a prospective buyer tours through the asset by detecting changes in the GPS coordinates given by the user mobile device, and thus may change the sequence of content based on how the buyer progresses through the asset in a dynamic manner.))
transmit an in-person version of the personalized virtual property tour to the user device. (Leuer: [0038] (As a prospective buyer brings a mobile computing device with location services proximate to the asset and launches the in situ tour application interface 158, which is detected by system 100, at 310, the application may determine a geographic correlation between the mobile device and the asset, at 320. If the software detects the geographic proximity, at 330, a previously generated presentation associated with the asset may be downloaded or streamed to the prospective buyer for use during an in situ tour, at 340.); [0028] (Where such precise location data is available, the application may detect how a prospective buyer tours through the asset by detecting changes in the GPS coordinates given by the user mobile device, and thus may change the sequence of content based on how the buyer progresses through the asset in a dynamic manner.))
As per claim 3, Leuer/Jagannathan teach wherein the server is configured to:
use at least the user profile and information associated with the virtual property tour to create an ordered list of rooms or property features most relevant to the user; create a virtual path through the property such that at least some of the higher listed rooms or property features are viewed at a beginning of personalized virtual property tour; and create the sequence for the room images and text based on the virtual path. (Figs. 2-3; Leuer: [0020]-[0023] (In a similar manner, the request module 108 may request image information in the form of photographs 114 or video 116 of each room or area to supplement the existing state of the room or area during the tour. A seller, or otherwise a representative or associate of the seller, can provide such photographs 114 or video 116 in response to the prompts. Once information is categorized into common points of interest, the information groupings may then be processed into pages that may be generated and sequenced by a content sequencer 124.); Claim 12 (prompting a seller for information associated with the real property asset, the information including media content relating to different points of interest of the asset; aggregating the information associated with the asset; and grouping the information into separate points of interest to be sequenced to a user during an in situ tour of the asset.); [0036]-[0037] (The prompts enable the asset seller to provide basic factual data and optional image and/or audio data regarding the points of interest. . . . Once aggregated, the information may be correlated or grouped together into like groups having a common point of interest, at 230. The correlation results in pages that may be displayed in a mobile computing device while a prospective buyer carries out an in situ tour of an asset. In variations, the correlating may be carried out by specifying the prompts in certain ways such that the answers are necessarily correlated. Once generated, the pages for the presentation are sequenced in a certain order and stored in the database. As noted above, in certain situations, feedback from a prospective asset buyer may be used to modify the underlying data for a given presentation, and possibly modify the presentation itself.); [0029] (Furthermore, during the tour, the user may wish to focus on one or more particular rooms or features of the asset, such as the garage or toolshed, while a counterpart touring the asset may wish to focus on other features, such as a master bedroom or kitchen. In such scenarios, each user can launch the application on each respective device and conduct separate virtual tours of the asset while conducting the same physical tour.))
As per claim 4, Leuer/Jagannathan teach wherein the property layout includes location coordinates or the range/set of coordinates for rooms of the property, and (Leuer: [0036] (A geocode specifying, for example, the GPS coordinates of the asset may also be provided.); [0021] (As an alternative or variation, a geocode 118 associated with the asset may be automatically retrieved from the computing device 104 over network 106 (assuming the device is resident at the asset), or may be determined through cross-referencing a street address to the corresponding GPS coordinates.)
wherein the personalized virtual property tour is configured to display at least one of the room images, the property features for the rooms, or the room and property descriptions for a specific room responsive to receiving coordinates that match or correspond to the location coordinates or the range/set of coordinates for the specific room. (Leuer: [0038]-[0039] (As a prospective buyer brings a mobile computing device with location services proximate to the asset and launches the in situ tour application interface 158, which is detected by system 100, at 310, the application may determine a geographic correlation between the mobile device and the asset, at 320. If the software detects the geographic proximity, at 330, a previously generated presentation associated with the asset may be downloaded or streamed to the prospective buyer for use during an in situ tour, at 340. The downloaded or streamed presentation may then be referenced by the prospective buyer during the tour. For example, prompts from the application may direct the buyer to a given area of the property, at 360, where audio or text information detailing highlights of the area may be communicated via the mobile computing device. The prompts may be given in a predetermined sequence according to the sequence of presentation pages, chosen manually by the buyer through a list of points of interest generated by the application, or dynamically driven based on changes in geographic location of the buyer within the property.); [0028] (As a user initiates a given presentation, sequenced items of content and information concerning highlighted points of interest may be viewed and/or heard while touring the asset. . . Additional audio might point out “raised ceilings in a foyer” as the prospective buyer enters through the doorway. Various rooms may also have separate audio discussions, and in some cases, prompts may provide a form of interactivity between the presentation pages and the actual sequence of the tour by the user. In some circumstances, the presentation may have a list of points of interest for the user to select as the point is encountered. Other examples may provide associated video or photos of a room or area during, for example, a holiday season so that a prospective buyer may envision how the given room or area may be utilized under different circumstances. In some situations, high-accuracy geocodes may identify changes in location within a few feet. Where such precise location data is available, the application may detect how a prospective buyer tours through the asset by detecting changes in the GPS coordinates given by the user mobile device, and thus may change the sequence of content based on how the buyer progresses through the asset in a dynamic manner.); [0022]))
As per claim 5, Leuer/Jagannathan teach wherein the server is configured to:
determine the current location of the user device does not correspond to the location coordinates or the range/set of coordinates of the property layout; and (Leuer: [0028]-[0029] (In some situations, high-accuracy geocodes may identify changes in location within a few feet. Where such precise location data is available, the application may detect how a prospective buyer tours through the asset by detecting changes in the GPS coordinates given by the user mobile device, and thus may change the sequence of content based on how the buyer progresses through the asset in a dynamic manner. Alternatively, the buyer interface 134 can provide a menu feature that enables the user to select different locations of the asset at any time. For example, the user may wish to know details of a particular room or feature of the asset prior to conducting the tour, and may select the auto tour feature of the particular asset to learn of such features prior to the tour. Also, the user may wish to “revisit” certain portions of the asset after a tour in order to compare toured asset features. Furthermore, during the tour, the user may wish to focus on one or more particular rooms or features of the asset, such as the garage or toolshed, while a counterpart touring the asset may wish to focus on other features, such as a master bedroom or kitchen. In such scenarios, each user can launch the application on each respective device and conduct separate virtual tours of the asset while conducting the same physical tour.))
select personalized virtual property tour for transmission to the user device. (Leuer: [0029] (Alternatively, the buyer interface 134 can provide a menu feature that enables the user to select different locations of the asset at any time. For example, the user may wish to know details of a particular room or feature of the asset prior to conducting the tour, and may select the auto tour feature of the particular asset to learn of such features prior to the tour. Also, the user may wish to “revisit” certain portions of the asset after a tour in order to compare toured asset features. Furthermore, during the tour, the user may wish to focus on one or more particular rooms or features of the asset, such as the garage or toolshed, while a counterpart touring the asset may wish to focus on other features, such as a master bedroom or kitchen. In such scenarios, each user can launch the application on each respective device and conduct separate virtual tours of the asset while conducting the same physical tour.))
As per claim 6, Leuer/Jagannathan teach wherein the server is configured to:
use at least the user . . . and information associated with the virtual property tour to create an ordered list of rooms or property features most relevant to the user; and create the sequence for the virtual property tour based on the ordered list of rooms or property features most relevant to the user. (Figs. 2-3; Leuer: [0020]-[0023] (In a similar manner, the request module 108 may request image information in the form of photographs 114 or video 116 of each room or area to supplement the existing state of the room or area during the tour. A seller, or otherwise a representative or associate of the seller, can provide such photographs 114 or video 116 in response to the prompts. Once information is categorized into common points of interest, the information groupings may then be processed into pages that may be generated and sequenced by a content sequencer 124.); Claim 12 (prompting a seller for information associated with the real property asset, the information including media content relating to different points of interest of the asset; aggregating the information associated with the asset; and grouping the information into separate points of interest to be sequenced to a user during an in situ tour of the asset.); [0036]-[0037] (The prompts enable the asset seller to provide basic factual data and optional image and/or audio data regarding the points of interest. . . . Once aggregated, the information may be correlated or grouped together into like groups having a common point of interest, at 230. The correlation results in pages that may be displayed in a mobile computing device while a prospective buyer carries out an in situ tour of an asset. In variations, the correlating may be carried out by specifying the prompts in certain ways such that the answers are necessarily correlated. Once generated, the pages for the presentation are sequenced in a certain order and stored in the database. As noted above, in certain situations, feedback from a prospective asset buyer may be used to modify the underlying data for a given presentation, and possibly modify the presentation itself.); [0029] (Furthermore, during the tour, the user may wish to focus on one or more particular rooms or features of the asset, such as the garage or toolshed, while a counterpart touring the asset may wish to focus on other features, such as a master bedroom or kitchen. In such scenarios, each user can launch the application on each respective device and conduct separate virtual tours of the asset while conducting the same physical tour.))
use at least the user profile and information associated with the virtual property tour to create an ordered list of rooms or property features most relevant to the user; and (Jagannathan: [0073] (Further, the method may include retrieving, using a storage device, a user profile data based on the identity data. Further, the method may include analyzing, using the processing device, the user profile data using a machine learning model. Further, the method may include determining, using the processing device, at least one preference data based on the analyzing. Further, the method may include identifying, using the processing device, at least one virtual utility object based on the at least one preference data. Further, the method may include generating, using the processing device, an interactive 3D model data comprising the at least one virtual utility object.); Fig. 18; [0114]-[0122]; [0052]-[0053] (Further, the present disclosure describes a method for 2D to 3D AI based conversion. The method may include transforming a floorplan to an interactive 3D walkthrough. The method may generate a rendering pipeline. The method may convert images (or PDF or DWG) into interactive 3D walkthroughs for VR.); Fig. 3; [0096])
The motivation for applying the known techniques of Jagannathan to the teachings of Leuer is the same as that set forth above, in the rejection of Claim 1.
As per claim 7, Leuer/Jagannathan teach
wherein the server is configured to use . . . the user to select or highlight text for the personalized virtual property tour. (Leuer: (Figs. 2-3; Leuer: Claim 12 (prompting a seller for information associated with the real property asset, the information including media content relating to different points of interest of the asset; aggregating the information associated with the asset; and grouping the information into separate points of interest to be sequenced to a user during an in situ tour of the asset.); [0036]-[0037] (The prompts enable the asset seller to provide basic factual data and optional image and/or audio data regarding the points of interest. . . . Once aggregated, the information may be correlated or grouped together into like groups having a common point of interest, at 230. The correlation results in pages that may be displayed in a mobile computing device while a prospective buyer carries out an in situ tour of an asset. In variations, the correlating may be carried out by specifying the prompts in certain ways such that the answers are necessarily correlated. Once generated, the pages for the presentation are sequenced in a certain order and stored in the database. As noted above, in certain situations, feedback from a prospective asset buyer may be used to modify the underlying data for a given presentation, and possibly modify the presentation itself.); [0039] (The downloaded or streamed presentation may then be referenced by the prospective buyer during the tour. For example, prompts from the application may direct the buyer to a given area of the property, at 360, where audio or text information detailing highlights of the area may be communicated via the mobile computing device. The prompts may be given in a predetermined sequence according to the sequence of presentation pages, chosen manually by the buyer through a list of points of interest generated by the application, or dynamically driven based on changes in geographic location of the buyer within the property.); [0029]))
wherein the server is configured to use the user profile of the user . . . for the personalized virtual property tour. (Jagannathan: [0073] (Further, the method may include retrieving, using a storage device, a user profile data based on the identity data. Further, the method may include analyzing, using the processing device, the user profile data using a machine learning model. Further, the method may include determining, using the processing device, at least one preference data based on the analyzing. Further, the method may include identifying, using the processing device, at least one virtual utility object based on the at least one preference data. Further, the method may include generating, using the processing device, an interactive 3D model data comprising the at least one virtual utility object.); Fig. 18; [0114]-[0122]; [0052]-[0053] (Further, the present disclosure describes a method for 2D to 3D AI based conversion. The method may include transforming a floorplan to an interactive 3D walkthrough. The method may generate a rendering pipeline. The method may convert images (or PDF or DWG) into interactive 3D walkthroughs for VR.); Fig. 3; [0096])
The motivation for applying the known techniques of Jagannathan to the teachings of Leuer is the same as that set forth above, in the rejection of Claim 1.
As per claim 9, Leuer/Jagannathan teach wherein the personalized virtual property tour is configured for display in a web browser or an application on the user device. (Leuer: Leuer: Fig. 3; [0038]-[0039] (Retrieving the presentation may be carried out by steps set forth in FIG. 3. As a prospective buyer brings a mobile computing device with location services proximate to the asset and launches the in situ tour application interface 158, which is detected by system 100, at 310, the application may determine a geographic correlation between the mobile device and the asset, at 320. If the software detects the geographic proximity, at 330, a previously generated presentation associated with the asset may be downloaded or streamed to the prospective buyer for use during an in situ tour, at 340. The downloaded or streamed presentation may then be referenced by the prospective buyer during the tour.))
As per claim 10, Leuer/Jagannathan teach
wherein the message includes an identifier of a property that corresponds to the virtual property tour, and wherein the message is transmitted from a real estate . . . responsive to the user selecting an option to view the virtual property tour for the property. (Leuer: [0025]-[0028] (If the prospective buyer arrives at the asset and engages the application interface 158, an auto-detect tour module 136 may be utilized. This involves the user mobile device 130 communicating geocode location information while proximate the location of the asset. The buyer interface 134, or a processor included, can compare the geocodes, and if a match is detected, may prompt the user for a confirmation in a desired downloading or streaming of the tour presentation associated with the asset. . . . As a user initiates a given presentation, sequenced items of content and information concerning highlighted points of interest may be viewed and/or heard while touring the asset.); [0023] (The resulting content items that form the presentation may then be stored in a database 132 and associated with an identifier (such as a property address or geocode) unique to the asset.))
. . . a real estate website . . . (Jagannathan: Figs. 4-7; [0103] (A user 1612, such as the one or more relevant parties, may access online platform 1600 through a web based software application or browser. The web based software application may be embodied as, for example, but not be limited to, a website, a web application, a desktop application, and a mobile application compatible with a computing device 1700.)
The motivation for applying the known techniques of Jagannathan to the teachings of Leuer is the same as that set forth above, in the rejection of Claim 1.
As per claim 11, Leuer/Jagannathan teach wherein the virtual property tour is created from the room images and the property layout. (Leuer: [0019]-[0023] (A request module 108 solicits information from the seller in the form of prompts. The prompts may be configured in a manner that facilitates grouping similar content together into points of interest. The information may include basic asset data 110 such as the asset square footage, number of bedrooms, number of baths, the types of appliances in the kitchen, aspects of the front and back yards, and so forth. . . . Further referring to FIG. 1, each of the data prompts may also have an accompanying prompt for audio information 112 that allows the seller to audibly explain aspects of each room—the kitchen, living room, bedroom(s), bathroom(s), the yard(s), etc. In a similar manner, the request module 108 may request image information in the form of photographs 114 or video 116 of each room or area to supplement the existing state of the room or area during the tour. A seller, or otherwise a representative or associate of the seller, can provide such photographs 114 or video 116 in response to the prompts. Alternatively, the seller interface 102 can provide a knowledgeable seller freedom in customizing the eventual presentation, or certain functions of the seller interface 102 can be automated. For example, the seller may be prompted to provide an address of the real property asset to be sold. In response to receiving the address, at least a portion of the asset data 110 may be pulled from a third party resource. Additionally or as an alternative, a custom prompt may be included to enable the seller to highlight any other features of the asset besides the basic information. . . . Once information is categorized into common points of interest, the information groupings may then be processed into pages that may be generated and sequenced by a content sequencer 124.); [0044] (In some examples, the user can operate (e.g., through use of the touring application) the camera component 460 to provide image data 465 that is to be included in the presentation for the touring of the asset. For example, one or more of the instructions 415 that are presented to the user can instruct the asset seller to take an image related to the asset. The camera component 460 can provide image data 465 that corresponds to a scene that the asset seller wishes to capture an image of. Based on the user inputs corresponding to each of the instructions 415, the presentation application can generate a presentation 445.))
As per claim 12, Leuer/Jagannathan teach wherein the property features for the rooms and the room and property descriptions of the virtual property tour are determined automatically from a machine learning algorithm using at least one of the room images and the property layout. (Jagannathan: [0052]-[0058] (Further, the present disclosure describes a method for 2D to 3D AI based conversion. The method may include transforming a floorplan to an interactive 3D walkthrough. The method may generate a rendering pipeline. The method may convert images (or PDF or DWG) into interactive 3D walkthroughs for VR. . . . Further, the method may employ AI and ML algorithms, including OCR, to detect walls, floors, doors, and furniture from a floor plan image. . . According to further embodiments, the method may automatically detect one or more features from the floorplan, wherein the one or more features may include walls, wall layout, angles, connecting points, door positions, door opening direction, window type and positions, furniture layout, furniture type, furniture position, furniture rotation, bathroom fittings estimation size and type, modular kitchen estimation of type and size, wardrobe estimation of type and size, text detection of individual rooms, size detection from a text (if text available), size estimation by scaled models from a library of pre-trained models from 1 million floorplan database (if text not available), flooring type, and overall room sizes.); [0107])
This known technique is applicable to the method of Leuer as they both share characteristics and capabilities, namely, they are directed to customizing virtual tours.
One of ordinary skill in the art at the time of filing would have recognized that applying the known technique of Jagannathan would have yielded predictable results and resulted in an improved method. It would have been recognized that applying the technique of Jagannathan to the teachings of Leuer would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such machine learning algorithm features into similar methods. Further, applying the determining property features for the rooms and the room and property descriptions of the virtual property tour automatically from a machine learning algorithm using at least one of the room images and the property layout to the property features for the rooms and the room and property descriptions of the virtual property tour of Leuer would have been recognized by those of ordinary skill in the art as resulting in an improved method that would enable the fastest and the most affordable 3D experience for interiors (Jagannathan: Para [0052]).
As per claim 15, Leuer/Jagannathan teach wherein the virtual property tour includes audio related to the property features for the rooms or room and property descriptions. (Leuer: [0039] (The downloaded or streamed presentation may then be referenced by the prospective buyer during the tour. For example, prompts from the application may direct the buyer to a given area of the property, at 360, where audio or text information detailing highlights of the area may be communicated via the mobile computing device.); [0028] (As a user initiates a given presentation, sequenced items of content and information concerning highlighted points of interest may be viewed and/or heard while touring the asset. For instance, as the prospective buyer gains access to the property, an audio recording may point attention to the “white picket fence” or “cul-de-sac” location and the “well-manicured lawn.” Additional audio might point out “raised ceilings in a foyer” as the prospective buyer enters through the doorway. Various rooms may also have separate audio discussions, and in some cases, prompts may provide a form of interactivity between the presentation pages and the actual sequence of the tour by the user.); [0020]-[0023]
As per claim 16, Leuer/Jagannathan teach wherein the virtual property tour includes at least one interactive element within a room that enables a user to at least one of virtually change a lighting level, close a window treatment, turn on a television or fireplace, or turn on a shower. (Jagannathan: [0052] (Further, the method may provide one click approach to automatic placement of lighting in the 3D engine based on inputs from project location details on a portal. This may help in understanding a floor plan furniture population for a 3D walkthrough based on portal information of project location, user location, and user inputs.))
This known technique is applicable to the method of Leuer as they both share characteristics and capabilities, namely, they are directed to customizing virtual tours.
One of ordinary skill in the art at the time of filing would have recognized that applying the known technique of Jagannathan would have yielded predictable results and resulted in an improved m