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 .
Status of Claims
This is a final office action in response to the amendment filed 07 October 2025. Claims 1, 18, and 21 have been amended. Claims 3, 7, 11, and 16-17 have canceled. Claims 1-2, 4-6, 8-10, 12-15, and 18-21 remain pending and have been examined.
Response to Amendment
Applicant’s amendment to claims 1, 18, and 21 have been entered.
Applicant’s amendment is sufficient to overcome the 35 U.S.C. 112(b) rejection for lack of antecedent basis. The rejection is respectfully withdrawn.
Applicant’s amendment is insufficient to overcome the pending 35 U.S.C. 101 rejection. The rejection remains pending and is updated below, as necessitated by amendment.
Response to Arguments
Applicant’s arguments regarding the 35 U.S.C. 101 rejection have been fully considered, but are not persuasive. Applicant asserts that the amended claims now specify the technical implementation of the claimed non-fungible token (NFT) and blockchain that provides a public certificate of authenticity, making the digital contract verifiable using the blockchain. The claims now positively recite the manner in which the blockchain is implemented and how it verifies authenticity in the current system, thus providing a specific, practical application that improves integrity and verifiability of the digital contract, in a manner that constitutes a technical improvement to computer functionality rather than a mere use of blockchain in a business context. Examiner respectfully disagrees.
The claimed invention is directed to a system and method for construction project management “configured to manage and coordinate all phases of a construction project from design through final product installation and financial management of the project and payment of all parties involved” (see Spec. at [para. 0004]), “where an NFT control module converts the digital contract into a NFT authenticated using blockchain” (see Spec at [para. 0025]), “the digital contract includes the product installation blueprint and the price quote. …generating a digital content that includes details of a project provides a way to conveniently and efficiently deliver a clearly communicated plan to a customer and to memorialize any changes to the plan with an updated digital contract” (see Spec. at [para. 0050]). The amended independent claims recite commercial or legal interactions, including sales activities or behaviors and business relations. These fall within the abstract ideas category of certain methods of organizing human activity. The claimed limitations improve convenience and efficiency, not the functionality of the computer used to implement the recited abstract idea. The claim limitations provide no technical improvements to the underlying computer, NFT, or blockchain technology, but merely implement the technology to the field of business processes and construction contracts in a generic manner, using generic computer components to apply the abstract ideas recited by the claims. Further, the claim language herein provides only a result-oriented solution, with insufficient detail for how a computer accomplishes an improvement to the integrity and verifiability of the digital contract. The use of stored information to authenticate data, compliance, or payment is merely part of the abstract idea. The claims recite the judicial exceptions of a certain method of organizing human activity and a mental process that are not integrated into a practical application, and do not amount to significantly more than the recited abstract idea. As a result, the 35 U.S.C. 101 rejection is proper, maintained, and updated below, as necessitated by amendment.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-2, 4-6, 8-10, 12-15, and 18-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of collecting, storing, analyzing and managing construction contract data and documents, without significantly more. Independent claim 1 recites a process and independent claim 18 recite a product for managing product installation, and claim 21 recites a device for managing product installation. Independent claims 1, 18, and 21 recite substantially similar limitations.
Regarding Step 1 independent claims 1, 18, and 21 recite at least one step or act, including scanning an area generating a project design and overlaying a visual representation. See MPEP 2106.03.
Taking independent claim 1 as representative, claim 1 recites at least the following limitations:
comparing at least one requested appointment time for a customer with available appointment times for an estimator and scheduling an appointment time between the estimator and the customer, wherein the estimator employs an estimator portal that interfaces with an estimator module of a system for managing product installation, wherein the estimator portal includes a web based interface;
digitally scanning an area in which at least one material is to be installed during the appointment time, wherein scanning the area includes generating a digital map of the area, wherein scanning the area in which at least one material is to be installed during the appointment time includes taking a plurality of images using a digital camera;
converting the plurality of digital images into a 3-dimensional (3D) model of the area in which at least one material is to be installed;
generating, by the estimator module based on an interaction between the customer and the estimator, a project design, wherein the project design includes a plurality of parameters for at least one selected material to be installed and a visual representation of the at least one selected material to be installed;
overlaying the visual representation of the at least one selected material to be installed onto the generated digital map of the area to generate a product installation blueprint;
generating an order for acquiring the at least one selected material, wherein the generated order includes an acquisition order for acquiring the at least one selected material from a plurality of materials stored in a storage facility or a purchase order for ordering the at least one selected material from a plurality of materials sold by a third party;
determining a required linear amount (A) of the at least one selected material to be installed;
determining a product installation cost, the product installation cost including a cost for acquiring the at least one selected material, a cost for installing the at least one selected material, and a service cost associated with generating the project design, wherein determining the product installation cost is performed according to X=(A*B)/C, where X is total amount of material needed for completing the project design multiplied by the cost per unit of the at least one selected material to be installed, wherein X is determined by multiplying a total linear amount (A) of the at least one selected material to be installed by a waste factor (B) and dividing by a linear amount of the at least one selected material to be installed (C), wherein waste factor (B) is acquired from a material usage database that stores data of an average waste usage of the at least one selected material to be installed;
generating a price quote for communication to the customer, the price quote including the product installation cost;
generating a digital contract for communication to the customer, the digital contract including the product installation blueprint and the price quote;
converting the digital contract to a non-fungible token (NFT) authenticated using a blockchain wherein the NFT is recorded on a blockchain digital ledger that provides a public certificate of authenticity for the digital contract, such that authenticity of the digital contract is verifiable using the blockchain; and
generating an installation schedule including a plurality of tasks to be performed based on the digital contract, wherein the installation schedule is determined based on availability of an installation crew, wherein the installation schedule is accessible on a web based user interface, and wherein the digital contract includes a listing of the plurality of tasks to be performed.
Regarding Step 2A Prong One, the limitations for comparing appointment times for an estimator and scheduling an appointment time, scanning an area for material to be installed during the appointment time, converting digital images, generating a project design, overlaying material on the generated map of the area to generate a blueprint, generating an order for the material, determining an installation cost, generating a price quote, generating a digital contract, converting the digital contract to a non-fungible token, and generating an installation schedule as drafted, illustrates a process that, under its broadest reasonable interpretation covers performance of the limitation in the mind (observation, evaluation, judgment, or opinion that can be performed in the human mind),because none of the additional elements preclude the steps from practically being performed in the human mind, or by a human using a pen and paper. A project manager could mentally compare availability for a requested appointment time to schedule a consultation, visually scan an area to be designed and images of a project space to make material and cost estimates, use a pen and paper to drawn a visual representation of the area and proposed improvements in blueprint form, draft a proposal and quote including a materials list, materials cost, and labor estimate using pricing data from personal knowledge and other sources, and use a pen and paper to draft a contract and detailed installation scheduler. Therefore, the limitations fall into the mental processes grouping and accordingly the claims recite an abstract idea. See MPEP § 2106.04(a).
Because scheduling an appointment for an estimate, determining required labor to perform tasks and labor rates are reasonably construed as managing relationships or interactions between people, and drafting a quote, contract, and schedule for construction are reasonably construed as commercial or legal interactions, the claim limitations fall into the certain methods of organizing human activities grouping of and accordingly the claims recite an abstract idea. See MPEP 2106.04(a)(2)(II). The limitations directed to encrypting/analyzing data, storing data, storing additional data, and authenticating data are reasonably construed as abstract concepts directed to the abstract idea of collecting, storing, and analyzing data. Further, encrypting and storing information, storing information for other users validated by the user, authenticating the user or the stored data, authorizing transactions between the user and one or more of the other users, and storing records of the transactions via an NFT and blockchain are reasonably construed as a commercial or legal interactions, including sales activities or behaviors and business relations, falling within the certain methods of organizing human behavior grouping of abstract ideas.
The steps for converting, and determining product installation cost are reasonably construed as mathematical calculations. See MPEP § 2106.04(a)(2)(I). The recited step for scanning an area is a data gathering step, which constitutes insignificant extra solution activity. Transmitting or displaying images or data, without more, constitutes insignificant extra solution activity. See MPEP 2106.05(g).
Regarding Step 2A Prong Two, the judicial exception of claim 1 is not integrated into a practical application. In particular, the claims only recite a processor and memory to perform the recited steps. These elements are recited at a high level of generality (i.e., as a generic processor performing a generic computer function) and amount to no more than mere instructions to apply the exception using generic computer components. See MPEP 2106.05(f). For example, Applicant’s specification at paragraph [0078] states: “Referring to FIG. 10, a general purpose computer 1000 is described. The general purpose computer 1000 can be employed by the system described herein and configured to execute the method described herein.” Adding generic computer components to perform generic functions, such as data gathering, performing calculations, and outputting a result would not transform the claim into eligible subject matter. See MPEP 2106.05(d). Further, the step for converting images into a 3D model generally links the abstract idea to a technical environment or field of use of digital imaging because the claim lacks details regarding how the conversion is performed using technical elements in a manner that provides a technical solution to a technical problem. The overlaid visual representation presents a display to generate a product installation blueprint without any further steps linked to use of the produced image other than for human decision making.
Dependent claim 5 includes the additional element of a drop-down tab. The claimed drop-down tab is broadly and generically claimed without graphical user interface technical details that may be deemed a practical application of the recited abstract idea. As claimed, the drop-down tab is merely a means for receiving data, analogous to the limitations of Claim 2 of MPEP Guidance Example 40 wherein the claims are directed to mere data gathering steps that automate the comparison of data without significantly more than the recited insignificant extra solution activity and mere instructions to apply the exception using generic computer components.
The independent claims and dependent claim 9 include the additional element of a non-fungible token (NFT) recorded and authenticated using a blockchain. Although the claims recite the use of blockchain technology, recitation of a blockchain limitation does not necessarily restrict the claims from reciting an abstract idea. Regarding claim limitations involving authentication technology, patent eligibility often turns on whether the claims provide sufficient specificity to constitute an improvement to computer functionality or the authentication technology itself. The NFT and blockchain features are recited at a high level of generality. The limitation fails to provide technical details regarding how the NFT is implemented or assigned and further fails to positively recite technical details regarding how the NFT is authenticated and stored on a blockchain in a meaningful way that goes beyond generic NFT blockchain implementation as a tool to store and encrypt data. The claims do not provide an improvement to the use of blockchain technology, but merely implement the technology to the field of business processes and contracts in a generic manner, using generic computer components to apply the abstract ideas recited by the claims. Therefore the NFT and blockchain elements do not provide a practical application of the recited abstract concepts.
Dependent claim 13 includes the additional elements of a digital camera and a drone supporting the digital camera. Both elements are used as generic tools to perform data gathering in a generic manner, therefore the recitation of a digital camera and drone do not provide more than a general link to technology for data gathering and do not provide a practical application of the recited abstract concepts. 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. Therefore, the claims are directed to an abstract idea.
Regarding Step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional elements of a processor and storage device amount to no more than mere instructions to apply the exception using a generic computer component which cannot provide an inventive concept.
Dependent claims 2, 4-6, 8-10, 12-15, and 19-20 include the abstract ideas of the independent claims. The dependent claims merely narrow the mental process/certain methods of organizing human activity abstract idea by describing they type of data collected and updated, and how the data is manipulated and communicated to a customer. The limitations of the dependent claims are not integrated into a practical application because none of the additional elements set forth any limitations that meaningfully limit the abstract idea implementation, therefore the claims are directed to an abstract idea. There are no additional elements that transform the claim into a patent eligible idea by amounting to significantly more. The analysis above applies to all statutory categories of invention. Accordingly independent claim 18 and 21 and the claims that depend therefrom are rejected as ineligible for patenting under 35 U.S.C. 101 based upon the same analysis applied to claim 1 above. Therefore, claims 1-2, 4-6, 8-10, 12-15, and 18-21 are ineligible under 35 U.S.C. 101.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bellini, III et al. (US 11,062,242) - interfacing between a sales management system and a project planning system. In some embodiments, the system includes an interface and schedule engine, both executing on a server. The interface can parse a sales order from the sales management system into products and project tasks within the products. The products can also include at least one of a labor product, a parts product, and an agreements product. The schedule engine can generate schedule tasks corresponding to the project tasks, determine a performance order of the schedule tasks, and combine the schedule tasks into schedule phases based on the performance order. The schedule engine can determine a performance order of the schedule phases and combine the schedule phases into a schedule component based on the performance order.
Clark et al. (US 12,182,742) - system and method turn the current delivery of housing as project into a standardized, independently trackable product for the purposes of planning, financing, regulating, manufacturing, selling, or leasing; a standardized system and method for the delivery of housing, to the optimized design of housing and factory producing said housing, and to a decentralized, output-centered framework that emphasizes standardization, efficiency and quality using converged blockchain and AI technologies (as well as IoT, autonomous robotics, 3D printing as well as virtual and augmented reality) as part of a cyber physical system for the integration of the public and private stakeholders to facilitate the most efficient delivery of sustainable and resilient housing at population levels.
Fosburgh et al. (US 2014/0316837) - parameters of a construction project design are provided to an asset at a construction site. Geospatial information is then collected by the asset while the asset is implementing parameters of the construction project design at the construction site. The geospatial information is provided to a construction management computing system in real-time. The construction management computing system is remote from the asset. Progress on the construction site design is then dynamically updated in real-time by the construction management computing system based on the geospatial information to create a real-time, as constructed model of the construction project.
Ladha et al. (US 11,526,744) - Methods, apparatuses, and embodiments related to a technique for monitoring construction of a structure. In an example, a robot with a sensor, such as a LIDAR device, enters a building and obtains sensor readings of the building. The sensor data is analyzed and components related to the building are identified. The components are mapped to corresponding components of an architect's three dimensional design of the building, and the installation of the components is checked for accuracy.
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LETORIA G KNIGHT whose telephone number is (571)270-0485. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rutao WU can be reached at 571-272-6045. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.G.K/Examiner, Art Unit 3623 /RUTAO WU/Supervisory Patent Examiner, Art Unit 3623