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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/11/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 17 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 17 recites, wherein the VR feed further includes the improvement to the home score.. However the limitation is already claimed in parent claim 1( see last line). Therefore claim 17 doesn’t limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Doken ( US patent Publication: 20240257516, “Doken”) in view of MESSERVY et al. ( US patent Publication: US 20230351067, “Messervy”) and Kaira et al. ( US patent Publication: 20140316908 , “Kaira”).
Regarding claim 1, Doken teaches, A computer-implemented method (Fig. 11) of visualizing a modification proximate a structure, the method comprising:
receiving, with one or more processors, image data of the structure and an indication of the modification; (steps 1108 and 1109-1110 [“0099] At 1108, the SHMS may turn on a camera of a user device (e.g., a wearable camera) of the vulnerable user. In some embodiments, once the SHMS is active on a user's device, it may continuously collect location data, and once the SHMS determines that the user is close to a hazardous object, a camera of the user device may be turned on. The SHMS may determine whether the hazardous object is in a field of view of the vulnerable user” At step 1109-1110 discloses, indication of medication is received when it is confirmed that there is a there is a hazardous object.)
generating, with the one or more processors, a virtual reality (VR) feed including a virtual representation of the modification proximate the structure; ( “0101] At 1112, the SHMS may issue a household hazard AR warning to the user device (e.g., a user device of the vulnerable user) in any suitable form, e.g., image, audio, haptic, or any combination thereof. The warning may comprise an augmented reality scene that demonstrates what an accident may look like if it occurred, and/or instructions to avoid interacting with the potentially hazardous object.:” The same warning is shown VR HMD, So the AR content is a VR content.)
Doken doesn’t expressly teach, calculating, with the one or more processors, an improvement to a home score associated with the structure based upon the modification;
However, Messervy teaches, calculating, with one or more processors, an improvement to a home score associated with a structure based upon a modification; (“ Implementation of the suggested improvements would result in a 15% increase in home value and 130 lbs of carbon will be sequestered, as shown in FIG. 7C.”)
Doken and Messervy are analogous as they are from the field of display of home improvement.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Doken to have included the calculating, with the one or more processors, an improvement to a home score associated with the structure based upon the modification as taught by Messervy.
The motivation for the modification is to provide the user an impact of modification of a structure.
Doken as modified by Messervy teaches, providing, with the one or more processors, the VR feed for presentation to a user within a VR display (Doken, [0030]….“For example, the SHMS may comprise an application running at least in part on a user device (e.g., mobile device 106, smart watch or wearable device 104, smart glasses 105, a wearable camera, a smartphone, a tablet, AR glasses, AR head-mounted display (HMD), virtual reality (VR) HMD or any other suitable user device, or any combination thereof),” Fig. 3A is showing the VR feed having recommended step for modification in VR HMD 105.) , wherein the one or more processors:
initially, display the structure without the modification, (Messervy, [0049]….In the example of FIG. 7A the property 80 is analyzed and the scoring algorithm 156 determines that the property needs shade trees 84, a gathering zone 82, and that the driveway is too massive 86. and
subsequently, display: (i) the structure with the modification, and (ii) the improvement to the home score (“[0049}…. Implementation of the suggested improvements would result in a 15% increase in home value and 130 lbs of carbon will be sequestered, as shown in FIG. 7C.”)
Messervy’s s; display of initial and subsequent image with modification with score is integrated in VR display of Doken.)
Doken as modified by Messervy doesn’t expressly teach. (iii) a representation of a potential contractor for the modification.
However Kaira teaches, (iii) a representation of a potential contractor for the modification. (along with project details or modification of a structure) (“[0061] Referring now to FIG. 10B, the GUI page as shown is an active project page of a service provider. In this example, an active project 1020 is displayed including the detailed project information 1021. The detailed information 1021 includes a budge set forth by a property owner when the property owner posted the project. The service provider can bid on the project to match the budge via button 1022 or alternatively, provide a best offer via button 1023. The service provider can also provide a brief description or message to the property owner in field 1024.” Fig. 10B displays roof modification image and contractor information).
Doken as modified by Messervy and Kiara are analogous as they are from the field of display of home improvement.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Doken as modified by Messervy to have included (iii) a representation of a potential contractor for the modification as taught by Kiara..
The motivation for the modification is to provide user necessary information to contact the responsible bidder..
Claim 8 is directed to a system (Doken, [0076]….“The SHMS may be implemented as software or a set of executable instructions. The instructions for performing any of the embodiments discussed herein of the SHMS may be encoded on non-transitory computer-readable media (e.g., a hard drive, random-access memory on a DRAM integrated circuit, read-only memory on a BLU-RAY disk, etc.). For example, in FIG. 9, the instructions may be stored in storage 908, and executed by control circuitry 904 of a device 900.”) and its elements are similar in scope and functions of the steps of method claim 1 and therefore claim 8 is rejected with same rationales as specified in the rejection of claim 1.
Claim 15 is directed to a non-transitory computer readable storage medium (Doken, [0076]….“The SHMS may be implemented as software or a set of executable instructions. The instructions for performing any of the embodiments discussed herein of the SHMS may be encoded on non-transitory computer-readable media (e.g., a hard drive, random-access memory on a DRAM integrated circuit, read-only memory on a BLU-RAY disk, etc.). For example, in FIG. 9, the instructions may be stored in storage 908, and executed by control circuitry 904 of a device 900.”) and its elements are similar in scope and functions of the elements of the device claim 8 and therefore claim 15 is rejected with same rationales as specified in the rejection of claim 8.
Regarding claims 2, 9 and 16, Doken as modified by Messervy and Kiara teaches, wherein the image data comprises a plurality of images depicting the structure from different orientations. (Doken [0041]…..” In some embodiments, the augmented reality scene may comprise augmenting live video or other live-captured moving image, three-dimensional image, panoramic or other immersive image (e.g., a 360-degree image or series of live images surrounding a particular viewpoint), “)
Regarding claim 17, Doken as modified by Messervy and Kiara teaches, wherein the VR feed further includes the improvement to the home score (Messervy [0049]…… Implementation of the suggested improvements would result in a 15% increase in home value and 130 lbs of carbon will be sequestered, as shown in FIG. 7C” Messervy’s s; display of subsequent image with modification with score is integrated in VR display of Doken)
The motivation is to provide the user an impact of modification of a structure.
Regarding claims 4, 11 and 18, Doken as modified by Messervy and Kiara teaches, generating, with the one or more processors, a contractor list comprising one or more contractors who may perform the modification, wherein the VR feed further includes the contractor list. (Doken, “[0053]……Such recommendations may include at least one of purchase, installation, or maintenance service offers associated with the recommendations or advertisements included within the notifications” These maintenance service offers will have contractor information by including the teaching of adding contractor information taught by Kiara.
The motivation is same as the motivation in claim 1.)
Regarding claims 5, 12 and 19, Doken as modified by Messervy and Kiara teaches, generating, with the one or more processors, a purchase list comprising one or more devices for implementing the modification, wherein the VR feed further includes the purchase list. (Doken, [0053]……Such recommendations may include at least one of purchase, installation, or maintenance service offers associated with the recommendations or advertisements included within the notifications”)
Regarding claims 6 and 13, Doken as modified by Messervy and Kiara teaches, wherein the VR display comprises a VR headset. (Doken [0031]…..For example, the SHMS may comprise an application running at least in part on a user device (e.g., mobile device 106, smart watch or wearable device 104, smart glasses 105, a wearable camera, a smartphone, a tablet, AR glasses, AR head-mounted display (HMD), virtual reality (VR) HMD “)
Regarding claims 7, 14 and 20, Doken as modified by Messervy and Kiara teaches, generating, by the one or more processors, directions for performing the modification, wherein the VR feed further includes the directions for performing. (Doken, “[0054]….. In some embodiments, notification 326 may be provided based on preferences indicated in a user profile of a user. In some embodiments, augmented reality scene 326 may comprise images and/or video that provides instructions regarding how to install object 326.”)
Regarding claim 21, Doken as modified by Messervy and Kiara teaches, (Kiara, “[0061] Referring now to FIG. 10B, the GUI page as shown is an active project page of a service provider. In this example, an active project 1020 is displayed including the detailed project information 1021. The detailed information 1021 includes a budge set forth by a property owner when the property owner posted the project. The service provider can bid on the project to match the budge via button 1022 or alternatively, provide a best offer via button 1023. The service provider can also provide a brief description or message to the property owner in field 1024.” Fig. 10B displays roof modification image, bid amount and contractor information).
The motivation is same as claim 15.
Response to Arguments
Applicant’s arguments, see remarks, filed 03/11/2026, with respect to the rejection(s) of claim(s) 17 under 35 USC 112(d) have been fully considered and are not persuasive. Therefore, the rejection has been maintained.
Applicant’s arguments, see remarks, filed 03/11/2026, with respect to the rejection(s) of claim(s) 1 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 U.S.C. 103 as being unpatentable over Doken ( US patent Publication: 20240257516, “Doken”) in view of MESSERVY et al. ( US patent Publication: US 20230351067, “Messervy”) and Kaira et al. ( US patent Publication: 20140316908 , “Kaira”).
Conclusion
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/TAPAS MAZUMDER/ Primary Examiner, Art Unit 2615