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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/12/2025 has been entered.
Response to Arguments
Applicant's arguments filed 12 have been fully considered but they are not persuasive.
Applicant’s representative has amended the independent claims to recite the underlined
limitations found below and argued that the claims recite statutory subject matter passing the 35 USC 101 requirements.
Applicant’s representative argues that the claims as now amended recite an integration into a
practical application because the claims now recite a method including a specific arrangement of technical structures (e.g., one or more connected home sensors, at least one additional connected home sensor, mobile device, a device associated with a home owner) to address a technology problem of accurately identifying home damage after a home is rented for a predetermined period of time. The claimed elements of amended independent claim 2 improve the technical field of home damage detection by reciting a method including 1) an active monitoring of one or more features of the home via one or more connected home sensors, 2) capturing photos of one or more features of the home before and after the predetermined period of time to detect differences, and 3) correlating sensor data (e.g., monitored data) with photos to verify damage to one or more features of the home.
In response, and as previously stated, the function of a sensor is to gather data of a specifically
assigned environment or structure. The functions of receiving data from a mobile device are merely viewed as basic data gathering which is a form of insignificant extra-solution activity. Also such functions of obtaining images by monitoring features of a home, comparing and correlating images with a baseline image to identify damages data on the captured images can also be done through observation. Such functions are considered as data gathering and observation and fundamental judgment using mental capabilities.
Applicant is being reminded that gathering data, comparing data and analyzing data such as
correlating data and transmitting data have been determined to be directed to an abstract idea. See, e.g., Alice, 573 U.S. at 225 (using a computer-implemented system “to obtain data, adjust account balances, and issue automated instructions” did not result in claim being non-abstract), In re Killian, 45 F 4th 1373, 1380 (Fed. Cir. 2022) (claims “directed to collection of information, comprehending the meaning of that collected information, and indication of the results, all on a generic computer network operating in its normal, expected manner,” fail step one of the Alice framework), Univ. of Fla. Rsch. Found., Inc. v. Gen. Elec. Co., 916 F.3d 1363, 1368 (Fed. Cir. 2019) (claims “directed to the abstract idea of ‘collecting, analyzing, manipulating, and displaying data’”’), Cyberfone Sys., LLC v. CNN Interactive Grp., Inc., 558 F. App’x 988, 992 (Fed. Cir. 2014) (claims directed to organizing, storing, and transmitting information determined to be directed to an abstract idea).
The claims make use of a mobile device to gather data such as capturing image data which is a data gathering function. The claims recite a broad “system” which is regarded as a generic computing device.
As stated by the Courts, "the use of conventional or generic technology in a nascent but well-known environment, without any claim that the invention reflects an inventive solution to any problem presented by combining the two" do not improve the computer's functionality and as such are not directed to a solution of a “technological problem."’ TLI Comm. LLC., 823 F.3d at 612,613. The claimed “sensors”, “device” and “at least one database” are similarly understood in light of applicant's specification as mere usage of any arrangement of computer software or hardware or intermediate components potentially using networks to communicate with instructions are properly understood to be mere instructions to apply the abstraction using a computer or device or computer system.
Applicant’s representative then argues that Regarding Step 2B, the claims when considered in combination amount to significantly more because the ordered combination provides a method including a specific arrangement of technical structures that identify home damage after a home is rented for a predetermined period of time.
In response, under Step 2B, it must be determined “whether an additional element or combination of elements. . . [a]dds a specific limitation or combination of limitations that are not well- understood, routine, conventional activity in the field, which is indicative that an inventive concept may be present.” (2019 Guidance at 56.) Taking the claim elements separately, claim 2 recites a function capturing image data by mobile device and of initiating…by a home insurance “system”. Sensors are used to capture various data in a home. The use of sensors is mainly to capture data. Accordingly, the capturing of data involves data gathering functions.
Functions of receiving, correlating, analyzing, and outputting or transmitting data involve performing conventional functions previously known to the industry. See Elec. Power Grp., 830 F.3d at 1356.
The claims do not recite any specific means or structures or modules for performing the claimed functions of receiving, storing, analyzing, identifying and correlating, initiating and computing in real time by the use of anything but entirely conventional, generic technology. See In re Katz Interactive Call Processing Patent Litig., 639 F.3d 1303, 1316 (Fed. Cir. 2011) (“Absent a possible narrower construction of the terms ‘processing,’ ‘receiving,’ and ‘storing,’ . . . those functions can be achieved by any general purpose computer without special programming.”).
Considered as an ordered combination, the generically recited insurance system, sensor and mobile device add nothing that is not already present when the limitations are considered separately.
Consideration of these steps as a combination does not change the analysis as they do not add anything compared to when the steps are considered separately. The claims recite a particular sequence of functions to compare a number of photos or images, to find differences as damages and initiate an insurance claim based on the differences. Performance of these steps or functions technologically may present a meaningful limit to the scope of the claim which would reasonably integrate the abstraction into a practical application.
Claim 2 does not improve the functioning of the mobile device, sensors, modules or the insurance “system” , nor do they effect an improvement in any other technology or technical field. Claim 2 amounts to nothing significantly more than an instruction to apply the abstract idea using generic computer components performing routine functions. That is not enough to transform an abstract idea into a patent-eligible invention. See Alice, 573 US. at 225-26; see also Inventor Holdings, LLC v. Bed Bath & Beyond, Inc., 876 F.3d 1372, 1378 (Fed. Cir. 2017) (sequence of receiving, analyzing, modifying, generating, displaying, and transmitting data recited an abstraction).
Arguments apply to claim 2 equally apply to the other independent claims 17 and 20.
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 2-21 remain rejected under 35 U.S.C. 101 because the claimed invention is directed to a
judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Subject Matter Eligibility Standard
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.
Specifically, claims 2 and 20 are directed to a method. Claim 17 is directed to a system. Each of
the claims falls under one of the four statutory classes of invention.
If the claim does fall within one of the statutory categories, it must then be determined
whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea).
The claims recite the following abstract idea absent the bolded language.
Claim 2 recites:
receiving, from a device associated with an owner of a home, data indicating that the owner is
renting out the home to one or more individuals for a predetermined period of time;
receiving a first plurality of photos of one or more features of the home, the first plurality of
photos captured by a mobile device prior to the predetermined period of time beginning;
storing the first plurality of photos in a digital repository as a baseline for damage determination;
initiating monitoring of one or more connected home sensors that monitor the one or more
features of the home in response to detecting the one or more features of the home outside an expected range occurring within the predetermined period of time;
increasing a monitoring frequency of the one or more features of the home by monitoring at least one additional connected home sensor of the one or more connected home sensors in response to the monitoring of the one or more connected home sensors;
receiving a second plurality of photos of the one or more features of the home, the second
plurality of photos captured by the mobile device after the predetermined period of time expires;
analyzing the second plurality of photos of the one or more features of the home using image
analysis to detect differences between the baseline and the second plurality of photos;
identifying at least one of the differences as damage to the one or more features of the home
occurring within the predetermined period of time that the home was rented by the one or more individuals;
correlating the detected differences with monitored data from the one or more connected home
sensors to verify that the identified damage in the second plurality of photos corresponds with the monitored data indicating that the one or more features of the home are operating outside the an expected range;
initiating, by a home sharing insurance system comprising a calculation module and an
inventory module configured to maintain information stored in at least one database, an insurance claim based upon the verification of the identified damage to the one or more features of the home;
computing, by the calculation module, an amount for the insurance claim based upon the
identified damage; and
transmitting, to the device associated with the owner of the home, a notification of the amount.
Claim 3 recites:
wherein the monitored data indicating indicates a performance and a quality of the one or more
features of the home; and
wherein the monitored data indicating that the one or more features are outside the
expected range, indicates the damage has occurred to the one or more features of the home.
(Accordingly, claim 3 recite parameters to apply to the functions of claim 2).
Claim 4 recites: wherein the one or more connected home sensors at the home include at least
one of motion sensors, water heater sensors, power sensors, moisture sensors, temperature sensors, window sensors, sump pump sensors, heat or smoking sensing devices, presence sensors, float sensors, speed sensors, breakage sensors, camera, or proximity sensors.
Accordingly, claim 4 recites generic home appliances and or sensors.
Claim 5 recites wherein the one or more connected home sensors at the home capture a video
feed.
Accordingly, claim 5 merely recites a generic video as video fed .
Claim 6 recites wherein capture of the video feed begins upon receipt of an indication from
another of the one or more connected home sensors at the home.
Accordingly, claim 6 recites receiving monitored data which is similar to a data gathering
step.
Claim 7 recites wherein the monitored data is received in real time.
Accordingly, a receiving function is similar to a data gathering function.
Claim 8 recites modifying the second plurality of photos to include only one or more portions
corresponding to the damage to the one or more features of the home.
Accordingly, a modifying function is similar to a manual/mental process and/or involves a
generic computer function.
Claim 9 recites wherein the one or more portions are saved in a digital repository.
Accordingly, the storing of data involves a generic computer function such as storing of data.
Claim 10 recites wherein the predetermined period of time is a period of time the home is being
rented.
Accordingly, claim 10 merely recites a parameter to be applied to the functions of claim 2. Claim 10 is neither a function, computer components or structures or means for performing
any functions.
Claim 11 recites wherein identifying at least one of the differences as damage to the one or more
features of the home comprises utilizing historical images of damage.
Accordingly, an identifying function is similar to a mental process and/or involves a generic
computer function.
Claim 12 recites wherein the image analysis includes discrete cosign transform or Fourier
transform.
Accordingly, a determining function is similar to a mental process and mathematical process and/or involves a generic computer function.
Claim 13 recites identifying a damage type of the damage to the one or more features of the
home.
Accordingly, an identifying function is similar to a mental process and/or involves a generic
computer function.
Claim 14 recites identifying a damage severity of the damage to the one or more features of the
home.
Accordingly, an identifying function is similar to a mental process and/or involves a generic
computer function.
Claim 15 recites wherein the one or more features of the home are associated with home devices,
home appliances, personal items, or home systems.
Accordingly, claim 15 merely recites a feature or parameter. Claim 15 is neither a function,
computer components or structures or means for performing any functions.
Claim 16 recites wherein the at least one database further includes at least one of receipts
or pricing associated with the one or more features of the home.
Accordingly, claim 16 merely recites a data parameter. Claim 16 is neither a function,
computer components or structures or means for performing any functions.
Claim 17 recites:
a calculation module; an inventory module in communication with the calculation module,
the inventory module configured to maintain information stored in at least one database, the system being configured to:
receive, from a device associated with an owner of a home, data indicating that the owner is
renting out the home to one or more individuals for a predetermined amount period of time;
receive a first plurality of photos of one or more features of a home, the first plurality of photos
captured by a mobile device prior to the predetermined period of time beginning;
store the first plurality of photos in the at least one database as a baseline for damage
determination;
initiate monitoring of one or more connected home sensors that monitor the one or more features of the home in response to detecting the one or more features of the home outside an expected range occurring within the predetermined period of time;
increase a monitoring frequency of the one or more features of the home by monitoring at least one additional connected home sensor of the one or more connected home sensors in response to the monitoring of the one or more connected home sensors;
store a second plurality of photos of the one or more features of the home, the second plurality of
photos captured by the mobile device after the predetermined period of time expires;
analyze the second plurality of photos of the one or more features of the home using image
analysis to detect differences between the baseline and the second plurality of photos;
identify at least one of the differences as damage to the one or more features of the home
occurring within the predetermined period of time that the home was rented by the one or more individuals;
correlate the detected differences with monitored data from one or more connected home sensors
to verify that that the identified damage in the second plurality of photos corresponds with the monitored data indicating that the one or more features of the home are outside the expected range;
initiate an insurance claim based upon the verification of the identified damage to the one or more
features of the home;
compute, by the calculation module, an amount for the insurance claim based upon the
identified damage; and
transmit, to the device associated with the owner of the home, a notification of the amount.
Claim 18 recites: wherein the monitored data indicates a performance and a quality of the one or
more features of the home; and
wherein the monitored data indicating that the one or more features are outside the
expected range indicates the damage has occurred to the one or more features of the home.
Accordingly, claim 18 recites parameters to apply to the functions of claim 17.
Claim 19 recites: wherein the one or more connected home sensors at the home include at
least one of motion sensors, water heater sensors, power sensors, moisture sensors, temperature sensors, window sensors, sump pump sensors, heat or smoking sensing devices, presence sensors, float sensors, speed sensors, breakage sensors, camera, or proximity sensors.
Accordingly, claim 19 recites generic home appliances and or sensors.
Claim 20 recites:
receiving, from a device associated with an owner of a home, data indicating that the owner is
renting out the home for a predetermined amount period of time;
receiving a first plurality of photos of one or more features of a home, the first plurality of photos
captured by a mobile device prior to the predetermined period of time beginning;
storing the first plurality of photos in a digital repository as a baseline for damage determination;
initiating monitoring of one or more connected home sensors that monitor the one or more
features of the home in response to detecting the one or more features of the home outside an expected range occurring within the predetermined period of time;
increasing a monitoring frequency of the one or more features of the home by monitoring at least
one additional connected home sensor of the one or more connected home sensors in response to the monitoring of the one or more connected home sensors;
receiving a second plurality of photos of the one or more features of the home, the second
plurality of photos captured by the mobile device after the predetermined period of time expires;
analyzing the second plurality of photos of the one or more features of the home using image
analysis to detect differences between the baseline and the second plurality of photos;
identifying at least one of the differences as damage to the one or more features of the home
occurring within the predetermined period of time;
correlating the detected differences with monitored data from one or more connected home
sensors to verify that the identified damage in the second plurality of photos corresponds with the monitored data indicating that the one or more features of the home are outside the expected range;
initiating, by a home sharing insurance system comprising a calculation module and an
inventory module configured to maintain information stored in at least one database, an insurance claim based upon the verification of the identified damage to the one or more features of the home;
computing, by the calculation module, an amount for the insurance claim based upon the
identified damage; and transmitting, to the device associated with the owner of the home, a notification of the amount.
Claim 21 recites: wherein the at least one database further includes at least one of receipts or
pricing associated with the one or more features of the home.
Accordingly, claim 21 merely recites a data parameter. Claim 21 is neither a function,
computer components or structures or means for performing any functions.
Here, the claimed concept falls into the category of functions of organizing human activities such
as managing commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations) because it amounts to the analyzing of photos of data in a home. Photos before a home is rented and photos after a predetermined time period is elapsed are analyzed to determine differences therein. The BRI of the claimed limitations describes functions of initiating, by a home sharing insurance system, an insurance claim based upon the identified damage to the one or more features of the home, and computing, by the home sharing insurance system, an amount for the insurance claim based upon the identified damage.
As per claims 2, 17 and 20, applicant is to be noted that the steps or functions of “receive” or
“receiving”, “monitoring or monitored” and “captured...” are considered as data gathering functions. The functions of “analyze” or analyzing” and “identify” or “identifying”, “initiate” and “initiating” or “correlate” or “correlating” involve mental processes and/or generic computer functions. Transmitting functions involve an insignificant post solution activity. The monitoring steps involve data gathering function.
Step 2A, Prong Two: The judicial exception is not integrated into a practical application. In
particular, the clams still recite the above noted bolded limitations understood to be the additional limitations:
These limitations performing steps of computing an amount of an insurance claim merely amount
to instructions to implement an abstract idea on a computer or merely using a computer as a tool to perform an abstract idea ( see MPEP 2106.05(1) ), also see applicant's specification for guiding interpretation of these claim features, describing implementation with generic commercially available devices or any machine capable of executing a set of instructions, similarly describing usage of general and special purpose computer and including generic commercially available devices. The electronic communications system, data repository and the computing device are similarly understood in light of applicant's specification as mere usage of any arrangement of computer software or hardware intermediate components potentially using networks to communicate between devices, sensors and systems "now available or later developed may be used” which is properly understood to be mere instructions to apply the abstraction using a computer or device.
Performance of a receiving step by a computer processor amounts to performing steps which
amount io insignificant extra-solution activity of data gathering - see MPEP Z106.05(g).
Performing steps by generic computer processors with memories merely limit the abstraction to
computer field by execution by generic computers. See MPEP 2106.05 ¢h).
As noted in MPEP 2106.04(d), limitations which amount to instructions to implement an abstract
idea on a computer or merely using a computer as a tool, limitations which amount to insignificant extra-solution activity, and limitations which amount to generally linking to a particular technological environment do not integrate a practical exception into a practical application.
The claims recite receiving data using various types of known sensors which are performing their
intended functions. The breadth of these limitations reasonably includes collecting information by communicating between sensors over a network.
Reciting a “device” ,”modules”, “system”, “sensors”, and the one or more "processors”’ and
“memories” is understood ad to be similar to Alappat, which as noted in MPEP 2106. 05(b)(1) is superseded, and the correct analysis is to look whether the added elements integrate the exception into a practical application or provide significantly more than the judicial exception. The claims in the instant application are performed by one or more processors which receive data, store data, process data and transmit data.
Consideration of these steps as a combination does not change the analysis as they do not add
anything compared to when the steps are considered separately. The claims recite a particular sequence of functions to compare a number of photos or images, to find differences as damages and initiate an insurance claim based on the differences. Performance of these steps or functions technologically may present a meaningful limit to the scope of the claim which would reasonably integrate the abstraction into a practical application.
Step 2B: The elements discussed above with respect to the practical application in Step 2A, prong 2 are equally applicable to consideration of whether the claims amount to significantly more. Accordingly, the clams fail to recite additional elements which, when considered individually and in combination, amount to significantly more. Reconsideration of these elements identified as insignificant extra-solution activity as part of Step 2B does not change the analysis.
Receiving and collecting data by electronic means or hardware amounts to receiving and transmitting information over a network has been recognized by the courts as well- understood, routine, and conventional (See MPEP 2106.05(d)UD, citing Symantec, 835 F.3d at 1321, 120 OSPQ2d at 1362 (Utilizing an intermediary computer to forward information); TL Communications LEC v. AV Auto. LLC, 823 F.3d 607, G10, L18 USPO2d 1744, 1748 (ed. Cir. 2016) Casing a telephone for image transmission); OFF Techs., fac. v. Amazon.com, fic., 788 B.Ad 1359, 1363, LiS USPO2d 1090, 1093 (ed, Cir. 2015) (sending messages over a network}, buySAFE, fic. v. Google, Inc.. 768 F.3d 1350, 1355, 112 USPQ2d 1093, 1996 (Pod, Cyr. 2014) (computer receives and sends information over a network).
Independent claims 17 and 20 recite the same limitations as claim 2 but instead claim one or more processors with memories for performing the steps of process claim 2. The same reasons discussed above with respect to claim 2 are equally applicable to claims 17 and 20.
Positively reciting a computer processor and memory storing software instructions does not change the analysis as these aspects are properly considered as additional elements which amount to instructions to apply it with a computer.
These claimed elements also as found in the dependent claims are also recited at a high level of generality such that they amount to no more than mere instructions to apply the exception using a generic component.
In processing the claims, it is noted that the recitation of these additional elements do not impact the analysis of the claims because these elements in combination are noted only to be a general purpose computer and one or more sensors for performing basic or routine computer functions. These claimed elements are noted to a be a generic computer for collecting data, storing data and performing routine and conventional functions. These additional elements do not overcome the analysis as these elements are merely considered as additional elements which amount to instructions to be applied to the generic computer.
The judicial exception is not integrated into a practical application. In particular, the claimed “processors”, “sensors” and “memories”, “system” and “device” are recited at a high level of generality such they amount to no more than mere instructions to apply the exception using a generic component. Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Accordingly, claims 2, 17 and 20 are directed to an abstract idea.
The dependent claim(s) when analyzed and each taken as a whole are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANTZY POINVIL whose telephone number is (571)272-6797. The examiner can normally be reached M-Th 7:00AM to 5:30PM.
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/fp/
/FRANTZY POINVIL/Primary Examiner, Art Unit 3693
January 13, 2026