DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
Claims 1-25 have been previously cancelled, and Claims 46 and 47 have been added; therefore, Claims 26-47 are currently pending in application 18/186,880.
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 26-28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 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.
Claims 29-47 are also rejected as being dependent from claims 26-28, under the same rationale and reasoning as identified above.
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 (C) hereinbelow, and (2) a step of providing programmatic instructions on a storage media for enabling the steps (A) through (C) hereinbelow:
(A) a step of first obtaining, from each of at least first and second users, user input of respectively first and second user 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 one or more presentations, by determining that: (i) for some estimated location for the respective one of the first and second communication devices CD, or particular location along a predetermined route for the respective one of the first and second communication devices CD (LCD), and for a corresponding destination location (DP) of at least one of the real estate properties associated with the corresponding presentation P wherein the user gains greater access to at least one of the real estate properties by the user traveling to the corresponding destination location DP, that (ii) the corresponding destination location DP is one or more of (al), (a2) and (a3) following:
(al) within one of: (1) a predetermined travel distance of the particular location, LCD, or (2) a predetermined geographically identified area of the location LCD;
(a2) within a predetermined expected elapsed time of travel from the location LCD; and
(a3) nearer to LCD than at least one other destination for accessing at least one other of the real estate properties;
(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 transmitting station for a communications network for transmitting to (from) a plurality of mobile communication devices; (b2) a location estimate of an actual or expected future geographic location (L2) of the second mobile 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 transmitting station for a communications network for transmitting to a plurality of mobile communication devices;
(C) performing each of (c1) and (c2) following, wherein for a first and second of the at least one of the real estate properties, there are respectively a first presentation (P1) and a second presentation providing information, respectively, related to accessing the first and the second real estate properties, and the first presentation P1 having associated therewith information used for identifying a first corresponding destination (DP1) for accessing the first real estate property, and the second presentation P2 having associated therewith information used for identifying second corresponding destination (DP2) for accessing 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 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 corresponding property location 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 rout (R1) and the first presentation are transmitted to the first mobile communication device via a communication network
(c2) performing steps (c2-1) through (c2-4) following, and determining that the second one or more geolocation condition is satisfies, wherein in addition to the second geolocation conditions, there is additionally associated with the second user real estate preference information additional preference information (AP), obtained from user input, 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 communication device, wherein the additional preference information AP is stored for accessing at a plurality of substantially different times for the determining whether the second presentation for the second real estate property is to be presented at the second communication device;
wherein from the additional preference information AP one or more machine executable additional conditions are obtained for evaluating whether a 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 a characteristic that is one of (c2-ai) and (c2-aii) following:
(c2-ai) indicative of how the second user desires to access an instance (IJ) of the second real estate property, and
(c2-aii) obtained using property access information, associated with the presentation PJ, such that the characteristic provides information as to how the second user is able to access the instance IJ;
wherein said instance IJ accessible at a corresponding destination (DPJ) associated with the presentation PJ, and
(c2-b) the characteristic 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) for a presentation (Pk) being an instance of the presentation PJ, a step of first accessing at least a portion of the additional preference information AP, and a step of determining that for the presentation Pk at least one of the additional conditions is not satisfied when evaluated according to (c2-a) and (c2-b) above;
(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) second accessing the additional 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 an instance of the presentation PJ, the additional conditions evaluated according to (c2-a) and (c2-b) above are 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, the second presentation P2, and the presentation Pm is transmitted to the second communication device; and wherein one or more of the following options (d1) through (d6) are satisfied:
(d1) the location estimate LEST is substantially continuously obtained;
(d2) access is provided to one or more of real estate agents and real estate sellers to a networked portal via the communications network, and the network portal receives information for the first real estate property for the first presentation, wherein the real estate agents and the real estate sellers are not the first user;
(d3) permission is obtained from the user for obtaining the location estimate LEST;
(d4) the location estimate LEST is obtained as permitted by the first user;
(d5) the first presentation includes one or more of: (1) price or sale terms; (2) area characteristic; (3) premise characteristic; (4) availability; (5) quality assessment; (6) expenses; and (7) accessible time, for the first property; and
(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.
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
(a3) nearer to the location LCD than at least one other destination for accessing of the at least one real estate property;
(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:
(d1) at least one of the location estimate LEST and the second location estimate L2 is substantially continuously obtained;
(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;
(d3) permission is obtained from the first user for obtaining the location estimate LEST;
(d4) the location estimate LEST is obtained as permitted by the first user;
(d5) the first presentation includes one or more of: (1) price or sale terms; (2) area characteristic; (3) premise characteristic; (4) availability; (5) quality assessment (6) expenses; and (7) accessible time, for the first property; and
(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 12/3/2025, with respect to the double patenting rejection of Claims 26-47, have been considered but are not persuasive. The rejection will remain as FINAL, based on the rejection above.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
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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December 29, 2025
/JONATHAN P OUELLETTE/Primary Examiner, Art Unit 3629