DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Request for Continued Examination
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/2/2026 has been entered.
Status of Claims
Claims 1-25 and 36-39 have been cancelled, and Claims 48-52 have been added; therefore, Claims 26-35 and 40-52 are currently pending in application 18/186,880.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 60/864,606, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Provisional Application 60/864,606 fails to provide adequate support or enablement for all the elements claimed in Independent claims 26-28; therefore, the application is examined below with the priority date of 11/7/2007 (Application date of US 11/936,781 – Now US 9,875,492).
Specification
Furthermore, the lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 26-35 and 40-52 are rejected under 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent Claims 26-28 have been amended to recite, “(D) performing one or more of (d1) through (d7) following: (d1) tracking one or more updates to the corresponding real estate preference information and facilitating guidance to the user based on the updates; (d2) providing access to a real estate price model for determining a price for the second property instance I2 based on rough similarity to one or more other real estate properties; (d3) providing access to a network portal via the communications network to one or more of real estate agents and real estate sellers, wherein the real estate agents and the real estate sellers are not the user, wherein the network portal provides access to at least a portion of the corresponding real estate preference information; (d4) modeling a feasibility of the real estate transaction for the first property instance I1 based on user personal information obtained from the user; (d5) providing access to a network portal via the communications network to two or more of real estate agents and notifying a second one of the real estate agents when a first designated one of the real estate agents for the user is unavailable, wherein the real estate agents are not the user, and wherein the first designated real estate agent and the second real estate agent are different; (d6) providing a quantitative score for the at least one real estate property based on a commute travel time to a location of interest to the user; and (d7) evaluating a predictive estimate for one or more of an appreciation rate, maintenance cost, return on investment, and utility cost for the first property instance I1.”
However, neither the Specification, Drawings, nor original claims disclose the subject matter in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 29-35 and 40-52 are also rejected as being dependent from claims 26-28, under the same rationale and reasoning as identified above.
If the Application disputes the 35 U.S.C. 112 (pre-AIA ), first paragraph new matter rejection, the Examiner requests that the Applicant provide specific sitings for the amended subject matter, both singular elements (d1 or d2 or d3 or d4 or d5 or d6 or d7) and the multitude of possible element combinations (d1+d2 or d1+d3 or d1+d4 or d1+d5 or d1+d6 or d1+d7 or d1+d2+d3 or d1+d2+d4 or … or d1+d2+d3+d4+d5+d6+d7).
Claim Rejections - 35 USC § 112
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 26 is rejected under 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 applicant regards as the invention.
Claim 26 recites the limitation "the first and second communication devices" in the 3rd paragraph of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 26 also recites the limitation "the second location estimate" in the 10th paragraph of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 29-35 and 40-47 are also rejected as being dependent from claim 26, under the same rationale and reasoning as identified above.
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 26-35 and 40-52 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to non-statutory subject matter, specifically an abstract idea.
Claims 26-35 and 40-52 are directed to a judicial exception (i.e., abstract idea), without providing a practical application, and without providing significantly more.
Under the 35 U.S.C. §101 subject matter eligibility two-part analysis, Step 1 addresses whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. See MPEP §2106.03. If the claim does fall within one of the statutory categories, it must then be determined in Step 2A [prong 1] whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea). See MPEP §2106.04. If the claim is directed toward a judicial exception, it must then be determined in Step 2A [prong 2] whether the judicial exception is integrated into a practical application. See MPEP §2106.04(d). Finally, if the judicial exception is not integrated into a practical application, it must additionally be determined in Step 2B whether the claim recites "significantly more" than the abstract idea. See MPEP §2106.05.
Examiner note: The Office’s 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) is currently found in the Ninth Edition, Revision 10.2019 (revised June 2020) of the Manual of Patent Examination Procedure (MPEP), specifically incorporated in MPEP §2106.03 through MPEP §2106.07(c).
Regarding Step 1,
Claims 26-35 and 40-52 are directed toward a process (method). Thus, all claims fall within one of the four statutory categories as required by Step 1.
Regarding Step 2A [prong 1],
Claims 26-35 and 40-52 are directed toward the judicial exception of an abstract idea. Independent claims 26-28 are directed specifically to the abstract idea of facilitating a real estate search.
Regarding independent claims 26-28, the underlined limitations emphasized below correspond to the abstract ideas of the claimed invention:
A method for assisting in a real estate transaction, the method including at least one of: (1) the steps (A) through (D) hereinbelow, and (2) a step of providing programmatic instructions on one or more storage media for enabling the steps (A) through (D) hereinbelow:
(A) a step of first obtaining, from each of at least first and second users, corresponding real estate preference information for one or more real estate properties;
wherein each of the first and second user corresponding real estate preference information includes data for a respective one of first and second one or more geolocation conditions, each of said first and second one or more geolocation conditions for determining, via machine instructions, one or more presentations to be presented at a respective one of the first and second communication devices when accessed by the first and second user respectively;
wherein each of the first and second one or more geolocation (of) the geolocation conditions is satisfied, for a corresponding presentation (P) of the presentations, by determining that: (i) for a location (LCD) being an estimated location, or a location along an expected future route, for the respective one of the first and second (users) communication devices CD, and for a corresponding destination location (DP) associated with the corresponding presentation P where the respective one of the first and second users accesses at least one of the real estate properties by the respective one of the first and second users traveling to the corresponding destination location DP, that (ii) the corresponding destination location DP is one or more of (a1), (a2) and (a3) following:
(al) within one of: (1) a predetermined/ specified travel distance of the particular location, LCD,
(B) obtaining, by computation equipment, (b1) and (b2) following:
(b1) a location estimate (LEST) of an actual of the first (user) communication device at a first time, the location estimate LEST is dependent upon first wireless signal propagation indicative information of one or more wireless signals indicative of a geolocation of the first communication device, wherein the first wireless signal propagation indicative information is communicated between: (i) the first communication device, and (ii) a communication station of a communications network for communicating with a plurality of mobile communication devices;
[Mathematical Concept: The computation and derivation of a "location estimate ... dependent upon ... signal propagation indicative information" function as mathematical calculations / formulas applied to data values.
Mental Process: The act of "obtaining ... a location estimate ... at a first time" based on received parameters, is a process that can practically be performed in the human mind.]
(b2) a location estimate of an actual of the second (user) communication device at a time (T), the second location estimate dependent upon second wireless signal propagation indicative information of one or more wireless signals indicative of a geolocation of the second communication device, wherein the second wireless signal propagation indicative information is communicated between: (i) the second communication device, and (ii) a communication station of a communications network for communicating with a plurality of mobile communication devices;
(C) performing each of (c1) and (c2) following, wherein for a first instance (I1) and second instance (I2) of the at least one of the real estate properties, there are respectively a first presentation (P1) and a second presentation (P2), being instance of the presentation P, for identifying respectively a first corresponding destination (DP1) and a second corresponding destination (DP2), being instance of DP for accessing respectively the first instance I1 and second instance I2:
(c1) for the first instance I1 such that the first one or more geolocation conditions are satisfied for the first presentation P1, wherein location estimate LEST is used to obtain a corresponding instance of the location LCD for the first (user) mobile communication device, obtaining first data for use in navigation the first (user) mobile communication device to substantially the first corresponding destination DP1, providing information for computing a first route (R1) to substantially the corresponding destination DP1; wherein information indicative of one or more of the first route R1 and the first presentation P1 are transmitted to the (user) first mobile communication device via a communication network; and
(c2) performing steps (c2-1) through (c2-4) following, wherein in addition to the second geolocation conditions, there is preference information (AP), obtained from user input, said preference information AP used for determining whether the second presentation P2 for the second instance I2 is to be presented at the (user) second communication device, wherein the preference information AP is electronically stored for accessing at a plurality of substantially different times for the determining whether one or more of the presentations to be presented at the second (user) communication device;
wherein the preference information AP is used for evaluating whether, for each property (IJ) of various of the real estate properties, a corresponding one of the presentation (PJ) of the one or more presentations is to be presented at the second (user) communication device such that (c2-a) and (c2-b) following hold:
(c2-a) the evaluating uses access data for accessing the property IJ, the access data is one of (c2-ai) and (c2-aii) following:
(c2-ai) indicative of the preference information AP, and
(c2-aii) obtained using property access information, electronically stored for the property IJ, such that the access data provides information as to how the second user is able to access the property IJ;
wherein said property IJ is accessible at a corresponding destination (DPJ), and
(c2-b) the access data is both of (c2-bi) and (c2-bii) following:
(c2-bi) independent of substantially an entire travel distance to, and a geographical area of, the corresponding destination DPJ; and
(c2-bii) independent of an expected time for traveling substantially an entire travel distance to the corresponding destination DPJ;
(c2-1) determining that for one property of the various real estate properties, at least one presentation condition, for the preference information AP is not satisfied when evaluated according to (c2-a) and (c2-b) above, thereby precluding a presenting of a presentation of a corresponding presentation PJ for the one property;
(c2-2) obtaining an additional location estimate of an actual or expected future geographic location of the second (user) communication device at a different geographic location from L2 or at a substantially different subsequent time from the time T, such that the additional location estimate is dependent upon geolocation indicative information communicated between:
(i) the second (user) communication device, and
(ii) a communications network;
(c2-3) accessing the preference information AP, and determining that for the additional location estimate, and the second corresponding destination DP2 associated with the second presentation P2, both the geolocation condition is satisfied, and for the second presentation P2 being one of the corresponding real estate presentations PJ, the evaluation according to (c2-a) above is satisfied;
(c2-4) providing information for computing a second route (R2); wherein the route R1 includes at least one direction for directing the user from substantially the additional location estimate to substantially the second corresponding destination DP2;
wherein information indicative of one or more of: the second route (R2) and the second presentation P2 is transmitted to the second (user) communication device; and
(D) performing one or more of (dl) through (d7) following:
(dl) tracking one or more updates to the corresponding real estate preference information and facilitating guidance to the user based on the updates;
*All crossed out elements are not necessary under broadest reasonable interpretation (BRI) of the claims, given the “one or more” and “or” type choices within the claims.
As the underlined claim limitations above demonstrate, independent claims 26-28 are directed to the abstract idea of Mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations); Mental processes (concepts performed in the human mind (including an observation, evaluation, judgment, or opinion)); and Certain methods of organizing human activity (commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)).
Dependent claims 29-35 and 40-52 provide further details to the abstract idea of claims 26-28 regarding the received data, therefore, these claims include mathematical concepts, mental processes, and certain methods of organizing human activities for similar reasons provided above for claims 26-28.
After considering all claim elements, both individually and in combination and in ordered combination, it has been determined that the claims do not amount to significantly more than the abstract idea itself.
Regarding Step 2A [prong 2],
Claims 26-35 and 40-52 fail to integrate the recited judicial exception into any practical application. The claims recite additional limitations which are hardware or software elements or particular technological environment, such as “providing programmatic instructions on one or more storage media”, a “photodetector” (sending) a signal, a “computer storage”, “machine instructions”, a “communication device”, a “communication network”, electronic data storage, and “wireless signal propagation”. However, these limitations are not enough to qualify as “practical application” being recited in the claims along with the abstract idea since these limitations are merely invoked as a tool to perform instruction of an abstract idea in a particular technological environment and/or are generally linking the use of the abstract idea to a particular technological environment or field of use, and merely applying and abstract idea in a particular technological environment and merely limiting use of an abstract idea to a particular field or a technological environment do not provide practical application for an abstract idea (MPEP 2106.05 (f) & (h)). The claims do not amount to "practical application" for the abstract idea because they neither (1) recite any improvements to another technology or technical field; (2) recite any improvements to the functioning of the computer itself; (3) apply the judicial exception with, or by use of, a particular machine; (4) effect a transformation or reduction of a particular article to a different state or thing; (5) provide other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment.
The relevant question under Step 2A [prong 2] is not whether the claimed invention itself is a practical application, instead, the question is whether the claimed invention includes additional elements beyond the judicial exception that integrate the judicial exception into a practical application by imposing a meaningful limit on the judicial exception. This is not the case with Applicant’s claimed invention. Automating the recited claimed features as a combination of computer instructions implemented by computer hardware and/or software elements as recited above does not qualify an otherwise unpatentable abstract idea as patent eligible. Examples where the Courts have found selecting a particular data source or type of data to be manipulated to be insignificant extra-solution activity include selecting information, based on types of information and availability of information in a power-grid environment, for collection, analysis and display, Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354-55, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016); Applicant’s limitations as recited above do nothing more than supplement the abstract idea using additional hardware/software computer components as a tool to perform the abstract idea and generally link the use of the abstract idea to a technological environment, which is not sufficient to integrate the judicial exception into a practical application since they do not impose any meaningful limits. Dependent claims 29-35 and 40-52 merely incorporate the additional elements recited above, along with further embellishments of the abstract idea of independent claims respectively, but these features only serve to further limit the abstract idea of independent claims. Therefore, the additional elements recited in the claimed invention individually, and in combination fail to integrate the recited judicial exception into any practical application.
Regarding Step 2B,
Claims 26-35 and 40-52 fail to amount to “significantly more” than an abstract idea. The claims recite additional limitations which are hardware or software elements or particular technological environment, such as “providing programmatic instructions on one or more storage media”, a “photodetector” (sending) a signal, a “computer storage”, “machine instructions”, a “communication device”, a “communication network”, electronic data storage, and “wireless signal propagation”. However, these limitations are not enough to qualify as “significantly more” being recited in the claims along with the abstract idea since these limitations are merely invoked as a tool to perform instruction of Abstract idea in a particular technological environment and/or are generally linking the use of the abstract idea to a particular technological environment or field of use, and merely applying and abstract idea in a particular technological environment and merely limiting use of an abstract idea to a particular field or a technological environment do not provide significantly more to an abstract idea (MPEP 2106.05(f) & (h)). The claims do not amount to "significantly more" than the abstract idea because they neither (1) recite any improvements to another technology or technical field; (2) recite any improvements to the functioning of the computer itself; (3) apply the judicial exception with, or by use of, a particular machine; (4) effect a transformation or reduction of a particular article to a different state or thing; (5) add a specific limitation other than what is well-understood, routine and conventional in the field; (6) add unconventional steps that confine the claim to a particular useful application; nor (7) provide other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment.
Dependent claims 29-35 and 40-52 merely recite further additional embellishments of the abstract idea of independent claims 26-28 respectively, but these features only serve to further limit the abstract idea of independent claims 26-28; however, none of the dependent claims recite an improvement to a technology or technical field or provide any meaningful limits. The addition of another abstract concept to the limitations of the claims does not render the claim other than abstract. Under the Interim Guidance on Patent Subject Matter Eligibility (PEG 2019), it specifically states that narrowing an abstract idea of claims do not resolve the claims of being "significantly more" than the abstract idea. Thus, the additional elements in the dependent claims only serve to further limit the abstract idea utilizing the computer components as a tool and/or generally link the use of the abstract idea to a particular technological environment.
Therefore, since there are no limitations in the claims 26-35 and 40-52 that transform the exception into a patent eligible application such that the claims amount to significantly more than the exception itself, and looking at the limitations as a combination and as an ordered combination adds nothing that is not already present when looking at the elements taken individually, claims 26-35 and 40-52 are rejected under 35 USC § 101 as being directed to non-statutory subject matter under 35 U.S.C. § 101.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 26-35 and 40-52 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 11,610,241. Although the claims at issue are not identical, they are not patentably distinct from each other because all inventions disclose equivalent elements for facilitating a real estate search and showing.
18/186,880
US 11,610,241 (15/863,905)
A method for assisting in a real estate transaction, the method including at least one of: (1) the steps (A) through (D) hereinbelow, and (2) a step of providing programmatic instructions on one or more storage media for enabling the steps (A) through (D) hereinbelow:
(A) a step of first obtaining, from each of at least first and second users, corresponding real estate preference information for one or more real estate properties;
wherein each of the first and second user corresponding real estate preference information includes data for a respective one of first and second one or more geolocation conditions, each of said first and second one or more geolocation conditions for determining, via machine instructions, one or more presentations to be presented at a respective one of the first and second communication devices when accessed by the first and second user respectively;
wherein each of the first and second one or more geolocation (of) the geolocation conditions is satisfied, for a corresponding presentation (P) of the presentations, by determining that: (i) for a location (LCD) being an estimated location, or a location along an expected future route, for the respective one of the first and second communication devices CD, and for a corresponding destination location (DP) associated with the corresponding presentation P where the respective one of the first and second users accesses at least one of the real estate properties by the respective one of the first and second users traveling to the corresponding destination location DP, that (ii) the corresponding destination location DP is one or more of (a1), (a2) and (a3) following:
(al) within one of: (1) a predetermined/ specified travel distance of the particular location, LCD, or (2) a predetermined/ specified geographically identified area of the location LCD;
(a2) within a predetermined expected elapsed time of travel from the location LCD; and
(B) obtaining, by computation equipment, (b1) and (b2) following:
(b1) a location estimate (LEST) of an actual or expected future geographic location (L1) of the first communication device at a first time, the location estimate LEST is dependent upon first wireless signal propagation indicative information of one or more wireless signals indicative of a geolocation of the first communication device, wherein the first wireless signal propagation indicative information is communicated between: (i) the first communication device, and (ii) a communication station of a communications network for communicating with a plurality of mobile communication devices;
(b2) a location estimate of an actual or expected future geographic location (L2) of the second communication device at a time (T), the second location estimate dependent upon second wireless signal propagation indicative information of one or more wireless signals indicative of a geolocation of the second communication device, wherein the second wireless signal propagation indicative information is communicated between: (i) the second communication device, and (ii) a communication station of a communications network for communicating with a plurality of mobile communication devices;
(C) performing each of (c1) and (c2) following, wherein for a first instance (I1) and second instance (I2) of the at least one of the real estate properties, there are respectively a first presentation (P1) and a second presentation (P2), being instance of the presentation P, for identifying respectively a first corresponding destination (DP1) and a second corresponding destination (DP2), being instance of DP for accessing respectively the first instance I1 and second instance I2:
(c1) for the first instance I1 such that the first one or more geolocation conditions are satisfied for the first presentation P1, wherein location estimate LEST is used to obtain a corresponding instance of the location LCD for the first mobile communication device, obtaining first data for use in navigation the first mobile communication device to substantially the first corresponding destination DP1, providing information for computing a first route (R1) to substantially the corresponding destination DP1; wherein information indicative of one or more of the first route R1 and the first presentation P1 are transmitted to the first mobile communication device via a communication network; and
(c2) performing steps (c2-1) through (c2-4) following, wherein in addition to the second geolocation conditions, there is preference information (AP), obtained from user input, said preference information AP used for determining whether the second presentation P2 for the second instance I2 is to be presented at the second communication device, wherein the preference information AP is electronically stored for accessing at a plurality of substantially different times for the determining whether one or more of the presentations to be presented at the second communication device;
wherein the preference information AP is used for evaluating whether, for each property (IJ) of various of the real estate properties, a corresponding one of the presentation (PJ) of the one or more presentations is to be presented at the second communication device such that (c2-a) and (c2-b) following hold:
(c2-a) the evaluating uses access data for accessing the property IJ, the access data is one of (c2-ai) and (c2-aii) following:
(c2-ai) indicative of the preference information AP, and
(c2-aii) obtained using property access information, electronically stored for the property IJ, such that the access data provides information as to how the second user is able to access the property IJ;
wherein said property IJ is accessible at a corresponding destination (DPJ), and
(c2-b) the access data is both of (c2-bi) and (c2-bii) following:
(c2-bi) independent of substantially an entire travel distance to, and a geographical area of, the corresponding destination DPJ; and
(c2-bii) independent of an expected time for traveling substantially an entire travel distance to the corresponding destination DPJ;
(c2-1) determining that for one property of the various real estate properties, at least one presentation condition, for the preference information AP is not satisfied when evaluated according to (c2-a) and (c2-b) above, thereby precluding a presenting of a presentation of a corresponding presentation PJ for the one property;
(c2-2) obtaining an additional location estimate of an actual or expected future geographic location of the second communication device at a different geographic location from L2 or at a substantially different subsequent time from the time T, such that the additional location estimate is dependent upon geolocation indicative information communicated between:
(i) the second communication device, and
(ii) a communications network;
(c2-3) accessing the preference information AP, and determining that for the additional location estimate, and the second corresponding destination DP2 associated with the second presentation P2, both the geolocation condition is satisfied, and for the second presentation P2 being one of the corresponding real estate presentations PJ, the evaluation according to (c2-a) above is satisfied;
(c2-4) providing information for computing a second route (R2); wherein the route R1 includes at least one direction for directing the user from substantially the additional location estimate to substantially the second corresponding destination DP2;
wherein information indicative of one or more of: the second route (R2) and the second presentation P2 is transmitted to the second communication device; and
(D) performing one or more of (dl) through (d7) following:
(d5) providing access to a network portal via the communications network to two or more of real estate agents and notifying a second one of the real estate agents when a first designated one of the real estate agents for the user is unavailable, wherein the real estate agents are not the user, and wherein the first designated real estate agent and the second real estate agent are different;
(d7) evaluating a predictive estimate for one or more of an appreciation rate, maintenance cost, return on investment, and utility cost for the first property instance I1.
A method for assisting in a real estate transaction, the method comprising of (A) through (C) hereinbelow:
(A) first obtaining, by a computational equipment, from each of at least first and second users, user input respectively for first and second user real estate preference information for one or more real estate properties;
wherein each of the first and second user real estate preference information includes data for a respective one of first and second one or more geolocation conditions for a respective one of the first and second users, each of said first and second one or more geolocation conditions for determining, from a plurality of real estate property presentations, one or more of the presentations to be presented at a respective one of first and second mobile communication devices when accessed by the first or second user respectively;
wherein each of the first one or more geolocation conditions and the second one or more geolocation conditions is satisfied, for a corresponding presentation (P) of the one or more presentations, by determining that: (i) for a location (LCD), the location LCD being some estimated location or location along an expected future route, of the respective one of the first and second mobile communication devices, and (ii) for a property location (DP), for at least one of the real estate properties associated with the corresponding presentation P, the property location DP satisfies one or more of (a1), (a2), and (a3) following:
(a1) within one of: a specified user travel distance of the location LCD, or a specified geographically identified area of the location LCD;
(a2) within a specified expected elapsed time of travel from the location LCD; and
(B) obtaining, by the computational equipment, (b1) and (b2) following:
(b1) a location estimate (LEST) of an actual or expected future geographic location of the first mobile communication device, wherein the location estimate is dependent upon a first computation of a wireless location of the first mobile communication device, the first computation using first wireless signal propagation indicative information of one or more wireless signals indicative of a geolocation of the first mobile communication device, wherein the first wireless signal propagation indicative information is wirelessly communicated between: (i) the first mobile communication device, and (ii) a transmitter station for transmitting to a plurality of mobile communication devices; and
(b2) a second location estimate of an actual or expected future geographic location (L2) of the second mobile communication device at a time (T), wherein the second location estimate is dependent upon a second computation of a wireless location of the second mobile communication device, the second computation using second wireless signal propagation indicative information of one or more wireless signals indicative of a geolocation of the second mobile communication device, wherein the second wireless signal propagation indicative information is wirelessly communicated between: (i) the second mobile communication device, and (ii) a transmitter station for transmitting to a plurality of mobile communication devices;
(C) each of (c1) and (c2) following, wherein for a first and a second real estate properties of the real estate properties, there are respectively first and second presentations of the plurality of real estate property presentations providing information, respectively, related to the first and second real estate properties, and the first presentation having associated therewith information used for identifying a corresponding property location (DP1) for the first real estate property, and the second presentation having associated therewith information used for identifying a corresponding property location for the second real estate property:
(c1) for the first real estate property such that the first one or more geolocation conditions are satisfied for the first presentation, wherein the location estimate LEST is used to obtain a corresponding instance of the location LCD for the first mobile communication device, obtaining first data for use in navigating the first mobile communication device to substantially the corresponding property location DP1, and each of (c1-1) and (c1-2) following are performed:
(c1-1) for information (INFm) associated with another of the plurality of presentations (Pm) of one of the real estate properties (REP), selecting the information INFm when INFm includes data for a corresponding destination DPm associated with the presentation Pm, wherein for at least one location for the corresponding destination DPm along a first route, the first route determined using the first data, and at least the first one or more geolocation conditions of the first user real estate preference information is satisfied; and
(c1-2) providing information for computing, by the computational equipment, data for a second route (Rm) from the location estimate LEST to substantially the corresponding property location DP1, wherein the second route Rm goes substantially to the corresponding destination DPm as well as continuing on to the corresponding property location DP1; wherein information indicative of one or more of: the second route Rm, the first presentation, and the presentation Pm are transmitted to the first mobile communication device via a communications network; and
(c2) (c2-1) through (c2-5) following are performed, and determining that the second one or more geolocation conditions are satisfied, wherein in addition to the second one or more geolocation conditions, there is additionally associated with the second user real estate preference information additional preference information (AP), said additional preference information AP also used for determining whether the second presentation for the second real estate property is to be presented at the second mobile communication device; wherein, from the additional preference information AP, a plurality of additional conditions are obtained;
(c2-1) evaluating one or more of the additional conditions using the computational equipment, the evaluation of each of the one or more additional conditions is dependent upon a corresponding real estate property characteristic that does not vary with locations of the second mobile communication device; wherein prior to at least one performance of the evaluating, prioritizing or weighting at least some of the additional conditions, or results obtained from the additional conditions, is performed for affecting the evaluation of at least one of the additional conditions;
(c2-2) determining, by the computational equipment, that for the second presentation at least one of the additional conditions is not sufficiently satisfied, when evaluated, in the evaluating (c2-1), for presenting the second presentation to the second user;
(c2-3) obtaining, by the computational equipment, an additional location estimate of an actual or expected future geographic location of the second mobile communication device at a different geographic location from the location estimate L2 or at a substantially different subsequent time from the time T, such that the additional location estimate is dependent upon an additional computation of a wireless location of the second mobile communication device, the additional computation using corresponding wireless signal propagation indicative information of one or more wireless signals indicative of a geolocation of the second mobile communication device, wherein the corresponding wireless signal propagation indicative information of one or more wireless signals are communicated wirelessly between: (i) the second mobile communication device, and (ii) a transmitter station for transmitting to a plurality of mobile communication devices;
(c2-4) second accessing the additional preference information AP, and determining, by the computational equipment, that for the additional location estimate, and another of the real estate properties, the second one or more geolocation conditions are satisfied, and the additional conditions are sufficiently satisfied for presenting a corresponding third presentation of the plurality of presentations that is for the another real estate property;
(c2-5) providing, by the computational equipment, information (Inf) for computing data for a route (R1); wherein the route R1 includes at least one direction for use in navigating from substantially the additional location estimate to substantially the another real estate property; and
transmitting information indicative of one or more of: the information Inf, and the third presentation to the second mobile communication device via a communications network;
wherein one or more of the following options (d1) through (d6) are satisfied:
(d2) access is provided to one or more of real estate agents and real estate sellers to a network portal via the communications network, and the network portal receives information for the first and second real estate properties for the first and second presentations, wherein the real estate agents and the real estate sellers are not the first and second users;
(d6) a prediction is obtained for predicting at least one of: (1) appreciation; (2) maintenance/fix costs; (3) return on investment, and (4) utility costs, for the first property.
Response to Arguments
Applicant's arguments filed on 7/2/2026, with respect to the double patenting rejection of Claims 26-35 and 40-52, have been considered but are not persuasive and/or are moot, based on the new grounds of rejection. The rejection will remain as NON-FINAL, based on the rejection above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892 Notice of References Cited. The Examiner suggests the applicant review all of these documents before submitting any amendments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN P OUELLETTE whose telephone number is (571)272-6807. The examiner can normally be reached on M-F 8am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynda C Jasmin, can be reached at telephone number (571) 272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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May 18, 2023
/JONATHAN P OUELLETTE/Primary Examiner, Art Unit 3629
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