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 .
Acknowledgments
The application filed on 11/24/2023 is acknowledged.
Status of Claims
Claims 1-20 are pending.
Claims 1-20 are rejected.
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. Specifically, Applicant claims priority under 35 U.S.C. 119(e) to provisional application no. 63/427,459 filed on 11/23/2022.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. However, the following claimed features are not shown in the drawings. Therefore, the following claimed features must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
"asset data structure" (claims 1 and 2)
"real property" (claims 1, 2 and 15) Note: Fig. 6 shows, e.g., "Brian's House" and "Jamie's House." Per 0063 these elements are understood to represent the recited "assets." It is not clear if these elements are also supposed to represent the recited "real property." Fig. 6 does not include reference numerals.
"actual data" (claims 1, 2 and 15) Note: Figs. 3-5 include headings "real or simulated data" and "simulated" data, but it is not clear what elements in the drawings these headings refer to, and it is not clear what if anything in these figures is "actual data." Note Figs. 3-5 do not include reference numerals.
"simulated data" (claims 1, 2 and 15) Note: Figs. 3-5 include headings "real or simulated data" and "simulated" data, but it is not clear what elements in the drawings these headings refer to, and it is not clear what if anything in these figures is "simulated data." Note Figs. 3-5 do not include reference numerals.
"values associated with the real property based on the data and a time lapse of a system clock" (claims 1, 2 and 15)
"system clock" (claims 1, 2 and 15) Note: Fig. 2 shows "Real Clock" and "Simulated Clock" but it is not clear if either of these is the "system clock." Fig. 2 does not include reference numerals.
"physical elements of the asset" (claim 2)
"tree view" (claims 2 and 7) Note: 0062, describing Fig. 6, refers to "the left side tree view" but it is not clear that/how the sidebar ("Add Property") shown in Fig. 6 constitutes a "tree view." Fig. 6 does not include reference numerals. See note two paragraphs below.
"visual elements" (included in the tree view) (claim 2) Note: 0062, describing Fig. 6, refers to "the left side tree view" but does not mention "visual elements," and it is not clear what in the sidebar ("Add Property") shown in Fig. 6 represents the recited "visual elements." Fig. 6 does not include reference numerals.
"hierarchical arrangement of graphical user interface elements" (included in the tree view) (claim 2) Note: 0062, describing Fig. 6, refers to "the left side tree view" but does not mention a "hierarchical arrangement of graphical user interface elements," and it is not clear what in the sidebar ("Add Property") shown in Fig. 6 represents the recited "hierarchical arrangement of graphical user interface elements." Fig. 6 does not include reference numerals.
Note: the language "wherein the tree view includes a hierarchical arrangement of graphical user interface elements" (contrast "wherein the tree view is a hierarchical arrangement of graphical user interface elements") would appear to convey that the claim term "tree view" represents an entity distinct from that represented by the claim term "hierarchical arrangement of graphical user interface elements," but it is not clear from Fig. 6 what these two different claim elements would be; thus, claim 2 appears to posit two distinct entities ("tree view" and "hierarchical arrangement of graphical user interface elements") where in fact there appears to be only a single entity.
"physical hierarchy within the asset" (claim 2) Note: Fig. 6 shows, e.g., "Brian's House" and "Jamie's House." Per 0063 these elements are understood to represent the recited "assets." However, the description of Fig. 6 does not mention a "physical hierarchy within the asset," and it is not clear what in Fig. 6 represents the "physical hierarchy within the asset." Fig. 6 does not include reference numerals.
"test vector" (claims 4, 10, 11, 17 and 20) Note: specification 0042-0055 purport to exemplify test vectors, but it is not clear how the indicated content constitutes or represents a vector.
"each entry within each test vector" (entry within a test vector) (claims 10 and 20)
"timeline" ("eliminating a previous timeline"; "creating a new timeline") (claim 14) Note: specification 0005-0006, 0014-0015, 0034 (re Fig. 2) and 0039 (re Fig. 2) refer to a timeline, but do not suggest its depiction in the figures.
"data structure" (claim 15)
"business process or entity" (claims 15 and 17) Note specification 0003 and 0005 refer to a business process, but do not suggest its depiction in the figures.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(a)(2), which states:
§ 1.84 Standards for drawings.
(a) Drawings. There are two acceptable categories for presenting drawings in utility and design patent applications.
(1) Black ink. Black and white drawings are normally required. India ink, or its equivalent that secures solid black lines, must be used for drawings; or
(2) Color. Color drawings are permitted in design applications. Where a design application contains color drawings, the application must include the number of sets of color drawings required by paragraph (a)(2)(ii) of this section and the specification must contain the reference required by paragraph (a)(2)(iii) of this section. On rare occasions, color drawings may be necessary as the only practical medium by which to disclose the subject matter sought to be patented in a utility patent application. The color drawings must be of sufficient quality such that all details in the drawings are reproducible in black and white in the printed patent. Color drawings are not permitted in international applications (see PCT Rule 11.13). The Office will accept color drawings in utility patent applications only after granting a petition filed under this paragraph explaining why the color drawings are necessary. Any such petition must include the following:
(i) The fee set forth in § 1.17(h);
(ii) One (1) set of color drawings if submitted via the USPTO patent electronic filing system or three (3) sets of color drawings if not submitted via the USPTO patent electronic filing system; and
(iii) An amendment to the specification to insert (unless the specification contains or has been previously amended to contain) the following language as the first paragraph of the brief description of the drawings:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
The instant file wrapper includes corresponding black and white and color versions of the original drawings filed 11/24/23 and corresponding black and white and color versions of the replacement drawings filed 04/08/24. Specifically, the drawings that include color are original Figs. 2-6 and replacement Figs. 3-6. The black and white versions cannot serve as the drawings for the instant application, because they lack substantive content of the disclosed invention that is specifically indicated by the color in the color versions, as referenced by the specification, see 0063:
An important feature to note in Fig. 6 is that the asset management system includes both real assets under management (in black) and simulated asset management scenarios (in orange). By having an asset management system with both real (or live) management and simulated management in one system, users can analyze the effects of decisions in the simulation side using data from the real management operations side. This can provide a simulation that produces results that accurately represent the asset for which management is being simulated.
The
Therefore, the instant application includes color drawings, but they do not comply with 37 CFR 1.84(a)(2). For example, in respect of the instant utility application, color drawings are not necessary as the only practical medium by which to disclose the subject matter sought to be patented . Further, Applicant has not filed a petition under and compliant with 37 CFR 1.84(a)(2) explaining why the color drawings are necessary.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy, or amendments to the specification, will result in the abandonment of the application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 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 inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Lack of Antecedent Basis
Claim 1 recites:
populating, in the real property asset management system, the asset data structure with data corresponding to one or more aspects of the real property, …;
simulating, in the real property asset management system, one or more values associated with the real property …;
The term "real property" was not previously recited, so it is not clear what it refers to.
Claim 13 recites:
further comprising reversing the simulated time at a rate different than real time.
The term "simulated time" was not previously recited. It is not clear what it refers to.
Claim 14 recites:
restarting the simulated clock;
The term "simulated clock" was not previously recited. It is not clear if it refers to the "system clock" of base claim 1 or not.
Claim 15 recites:
simulating one or more values associated with the real property …;
The term "real property" was not previously recited, so it is not clear what it refers to.
Claims 3-14 and 16-20 are (also) rejected by virtue of their dependency from a rejected claim.
Relative Term
Claim 8 recites:
further comprising triggering one or more interrupt activities based on a simulated time value and aligning clocks as necessary.
The term "as necessary" is a relative term (-- necessary for what purpose? necessary with respect to what circumstances? etc.). It is not clear what "as necessary" is relative to.
Unclear Scope
Claim 11 recites:
"wherein the simulating includes simulating events including one or more of a user access and role definition, asset definition, GL code entries, applicant lead, application, lease action, a lease payment, a one-time charge, a scheduled task, a simulation vector task, a task when simulation paused or stopped, a scheduled expense, an expense from a simulation test vector, an expense when simulation paused or stopped, task prioritization including one or more of asset, category, user, or type, payments for tasks or services, a notification based on simulated time, an advertising result, parts inventory, material inventory, and a communication task based on simulated time, calendars, Gannt charts, reports, tenant move in and move out."
The underlined items are not "events," so it is not what they refer to, e.g., whether they refer to the actual recited language (e.g., "application"), or rather to an event pertaining to the actual recited language.
Claim 12 recites:
"wherein the one or more bypass events includes one or more of a background check, advertising, a funds transfer, and part ordering."
The underlined items are not "events," so it is not what they refer to, e.g., whether they refer to the actual recited language (e.g., "advertising"), or rather to an event pertaining to the actual recited language.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claims 1-20 are directed to a method, which are/is one of the statutory categories of invention. (Step 1: YES)
Claims 1, 2 and 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite a method for simulating values associated with an asset in the context of performing an asset management simulation. For claims 1, 2 and 15 (claim 2 being deemed representative), the limitations (indicated below in bold) of:
generating, in an asset management system, an asset data structure corresponding to an asset, wherein the asset is a real property, and wherein one or more components of the data structure correspond to one or more physical elements of the asset;
generating a tree view of the asset data structure including one or more visual elements based on data in the asset data structure, wherein the tree view includes a hierarchical arrangement of graphical user interface elements corresponding to a physical hierarchy within the asset;
populating the asset data structure with data corresponding to one or more aspects of the real property, wherein the data includes one or more of actual data or simulated data;
simulating, in the real property asset management system, one or more values associated with the real property based on the data and a time lapse of a system clock, wherein the system clock is advanced at a real time rate or at a rate different than real time; and
displaying the one or more values resulting from the simulating in the tree view.
as drafted, constitute a process that, under the broadest reasonable interpretation, covers "certain methods of organizing human activity," specifically, "managing personal behavior or relationships or interactions between people," but for recitation of generic computer components and/or generally linking the use of a judicial exception to a particular technological environment or field of use. The Examiner notes that "managing personal behavior or relationships or interactions between people" include social activities, teaching, and following rules or instructions. MPEP 2106.04(a)(2)II.C. If a claim limitation, under its broadest reasonable interpretation, covers "managing personal behavior or relationships or interactions between people," but for recitation of generic computer components and/or generally linking the use of a judicial exception to a particular technological environment or field of use, then it falls within the "certain methods of organizing human activity" grouping of abstract ideas. Accordingly, claims 1, 2 and 15 recite an abstract idea. (Step 2A - Prong 1: YES. The claims recite an abstract idea.)
(Note: claim 15 recites a "generating a data structure corresponding to a business process or entity" instead of the "generating" step of claim 2, and "populating the data structure with data corresponding to one or more aspects of the business process or entity, wherein the data includes one or more of actual data or simulated data" instead of the "populating" step of claim 2. For the purpose of 35 U.S.C. 101, these differences are deemed insignificant, as they do not change the analysis in a manner adverse to Applicant, because a "business process or entity" as recited in claim 15 is content of the abstract idea.)
This judicial exception is not integrated into a practical application. Claims 1, 2 and 15 recite the additional elements of "graphical user interface elements" and "a system clock, wherein the system clock is advanced at a real time rate or at a rate different than real time," that implement the abstract idea. These additional elements are not described by the applicant and they are recited at a high level of generality (i.e., one or more generic computer elements performing generic computer functions, or generally linking the use of a judicial exception to a particular technological environment or field of use), such that they amount to no more than mere instructions to apply the exception using generic computer elements, namely, "graphical user interface elements," or such that they amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use, namely, "a system clock, wherein the system clock is advanced at a real time rate or at a rate different than real time." Accordingly, even in combination these 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. (Step 2A - prong 2: NO. The additional elements do not integrate the abstract idea into a practical application.)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception itself. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of "graphical user interface elements" and "a system clock, wherein the system clock is advanced at a real time rate or at a rate different than real time," to perform the noted steps amount to no more than mere instructions to apply the exception using generic computer elements or generally linking the use of a judicial exception to a particular technological environment or field of use. Mere instructions to apply an exception using generic computer elements or generally linking the use of a judicial exception to a particular technological environment or field of use cannot provide an inventive concept ("significantly more"). Accordingly, even in combination, these additional elements do not provide significantly more. As such, claims 1, 2 and 15 are not patent eligible. (Step 2B: NO. The claims do not provide significantly more.)
Dependent claims 3-14 and 16-20 are similarly rejected because they further define/narrow the abstract idea of independent claims 1, 2 and 15 as discussed above, and/or do not integrate the abstract idea into a practical application or provide an inventive concept such as would render the claims eligible, whether each is considered individually or as an ordered combination.
As for further defining/narrowing the abstract idea:
Dependent claims 3 and 16 merely further describe defining a simulation start time including one or more of a date and a time of day.
Dependent claims 4 and 17 merely further describe defining a simulation stop time, including one or more of a date and a time of day; and advancing the simulating to the simulation stop time and pause to display simulation results at the simulation stop time, wherein during the advancing, one or more scheduled actions is generated, one or more scheduled actions based on a test vector is applied to simulate internal or external actions, and wherein when the simulation is paused, permitting a user to navigate through the property management system in simulation mode and execute commands.
Dependent claims 5 and 18 merely further describe further comprising repeating the defining and the advancing for one or more additional cycles associated with respective simulation stop times.
Dependent claim 6 merely further describes displaying an indicator that simulation mode is active when a simulation is being executed.
Dependent claim 7 merely further describes updating the tree view based on simulation results.
Dependent claim 8 merely further describes triggering one or more interrupt activities based on a simulated time value and aligning clocks as necessary.
Dependent claims 9 and 19 merely further describe bypassing one or more external events when a simulation is being executed and providing an ability to return expected data from the one or more bypassed external events for desired test behavior.
Dependent claims 10 and 20 merely further describe further comprising defining one or more test vectors, each having an execution time and one or more values, for use in a simulation, wherein each entry within each test vector is executed at the specified execution time to test the system.
Dependent claim 11 merely further describes wherein the simulating includes simulating events including one or more of a user access and role definition, asset definition, GL code entries, applicant lead, application, lease action, a lease payment, a one-time charge, a scheduled task, a simulation vector task, a task when simulation paused or stopped, a scheduled expense, an expense from a simulation test vector, an expense when simulation paused or stopped, task prioritization including one or more of asset, category, user, or type, payments for tasks or services, a notification based on simulated time, an advertising result, parts inventory, material inventory, and a communication task based on simulated time, calendars, Gannt charts, reports, tenant move in and move out.
Dependent claim 12 merely further describes wherein the one or more bypass events includes one or more of a background check, advertising, a funds transfer, and part ordering.
Dependent claim 13 merely further describes reversing the simulated time at a rate different than real time.
Dependent claim 14 merely further describes defining a simulation stop time, including one or more of a date and a time of day; reversing the simulating to the simulation stop time and pausing to display simulation results at the simulation stop time; … and performing one of eliminating a previous timeline prior to the reversing or creating a new timeline to move forward from after the reversing, wherein when the simulation is paused, permitting a user to navigate through the property management system in simulation mode and execute commands.
As for additional elements:
Dependent claim 7 recites "updating the tree view"; per claim 2, the "tree view" includes "graphical user interface elements." This recitation is at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer element. Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claim 8 recites "aligning clocks." This recitation is at a high level of generality such that it amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use. Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claim 14 recites "restarting the simulated clock." This recitation is at a high level of generality such that it amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use. Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Claims 3-6, 9-13 and 16-20 do not recite any additional elements, and accordingly, for the reasons provided above with respect to the independent claims, are not patent eligible.
Therefore, dependent claims 3-14 and 16-20 are not patent eligible.
Claim Rejections - 35 USC § 102
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 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 6, 8, 11, 15, 16 and 19 are rejected under 35 U.S.C. 102 as being anticipated by Yu (U.S. Patent Application Publication No. 2008/0027880 A1).
Regarding Claim 1
Yu teaches:
generating, in a real property asset management system, an asset data structure (form, format, or chart) corresponding to an asset; (regarding in a … asset management system: 0120 "The program further can track user's investments (assets) in markets or individual components of markets and indicate to the user the value of the investments." -- the described tracking teaches "management"; 0142 "Account management area 301 is the place for showing and managing the player's account information. … Portfolio management area 303 is the place for displaying the player's portfolio information."; 0148 "The working mechanism of system is as following: The Portfolio Manager 409 of FIG. 4 is working behind the scenes at all times to check whether any opened order price has been hit, or any position threshold and any pre-set warning price have been reached. … At the same time, the controller 402 requests the portfolio manager to update all records in the portfolio and set warnings only for the positions that have been hit. The Account Manager 408 is also requested by 402 to update the account accordingly."; regarding … real property …: 0017 "The program, method, and system permit users to select one or more markets of interest, optionally one or more individual assets (e.g., a single company stock, a mutual fund, a real estate sector, a precious metal, etc.), one or more investment vehicles of interest (e.g., stock, option, future, spread, etc.), …"; 0018 "the present invention … can simulate any trading market where movement of the market can be represented by investment charts, such as, for example, stock, bond, currency, commodities, and real estate markets."; note "asset" and/or "vehicle," in the context encompassing "real estate," teach "real property"; regarding generating, …, an asset data structure corresponding to an asset: generating a data structure is taught by any of (1) converting the data to a form/format (0129 "the present invention can import the data, convert it to a form and format that is useful within the context of the invention, and display the data in a consistent and easily understandable form and format"; 0021), (2) presenting the data in charts (0020, 0063), and (3) storing and organizing the data in forms such as charts (0058); note the context of the aforementioned teachings teaches that the data structure is an asset data structure corresponding to an asset, e.g., per 0020-0021 and 0057 the data may pertain to stocks/individual products, and per 0059, e.g., a price thereof)
populating, in the real property asset management system, the asset data structure with data corresponding to one or more aspects of the real property, (0020 "The program simulates one or more financial markets using accurate, actual historical data and, optionally, real-time data from the market(s) of interest, and presents the data in one or more charts …."; 0021 "The method comprises converting data from one or more markets into one or more charts representing the data in a graphical manner; and presenting the chart(s) to one or more users."; 0058 "The program of the invention stores and organizes the data for presentation to users in one or more useful forms, such as in the form of investment charts."; 0129 "the present invention can import the data, convert it to a form and format that is useful within the context of the invention, and display the data in a consistent and easily understandable form and format."; regarding the real property: as per the preceding bullet point immediately above, Yu applies to assets in the real estate context, hence such asset would be "real property")
wherein the data includes one or more of actual data or simulated data; (0020 "The program simulates one or more financial markets using accurate, actual historical data and, optionally, real-time data from the market(s) of interest, …."; 0058 "The program of the invention obtains historical, and where appropriate real-time up-to-date, data on various parameters of one or more markets."; note both Yu's "actual historical data" and Yu's "real-time data" teach both (1) simulated data inasmuch as they are or can be used to simulate an historical market (0069 "Preferred embodiments include a computer program for interactive investment trade simulation, where the program comprises computer-readable instructions for: obtaining real historical data and information from or about one or more markets in which trading can or did occur; simulating the market(s) using the historical data and other information, wherein the markets are simulated in a compressed manner with respect to time"; 0020 "The program simulates one or more financial markets using accurate, actual historical data and, optionally, real-time data from the market(s) of interest"), and (2) actual data inasmuch as they are actual data, specifically, Yu's "actual historical data" is historical actual data, and Yu's "real-time data" is current actual data)
simulating, in the real property asset management system, one or more values associated with the real property based on the data and a time lapse of a system clock, (The values/prices (including, inter alia, the "running total") taught in the following are simulated based on the data and a time lapse of system clock (change in time): 0065-0066 "The program keeps track of the user's investment portfolio continuously, and can provide the user with a running total of funds invested, funds available, and, if applicable, funds earmarked for future investment or liquidation. [0066] Thus, the program … can track one or more users' investments in markets or sub-markets and indicate to the users the value of the investments."; 0021/0072 "Where users are permitted to invest, the method typically comprises permitting the user to invest a certain amount of money in each market or sub-market, and tracking the value of the investment over time."; 0075-0076 the values indicated there; 0084/0088 the "price" indicated there, and prices on the "charts" indicated there (as per, e.g., 0080, these charts include prices ("the price of the open, close, high, low") -- note these charts are the "dynamically recreate[d ] investment charts of any moment back to any date in the history, which "can thus bring players back to any moment of any day in history and allow them to make investment decisions as though the historical date were the present date" (0019, 0025) -- that is to say, the chart prices are simulated values based on the data and a time lapse; 0079 "In addition or alternatively, the method may comprise: optionally unifying historical data for all investments by making historical data of all investments have the same trading days each year. A dummy day can be added to the historical data of an investment if any day is missing. The close price of the previous day can be used as the price of the open, close, high, and low of the dummy day." -- the dummy day prices are simulated values based on the data and a time lapse); 0164 "Controller 402 will coordinate each sub-system working together, while directing P2P Module 401 to broadcast the current simulation status and the player's trade account value to others with the progress of the simulation."; 0170 "Suppose the initial value of T is 5 PM, now the T is equal to 5:10 PM EST in this case. Step 2211 will use this time T to find the price data, news, and other things for investment S from 5 PM EST to 5:10 PM EST"; regarding the real property: as per the preceding bullet point immediately above, Yu applies to assets in the real estate context, hence such asset would be "real property")
wherein the system clock is advanced at a real time rate or at a rate different than real time; and (0069 "Preferred embodiments include a computer program for interactive investment trade simulation, where the program comprises computer-readable instructions for: … simulating the market(s) using the historical data and other information, wherein the markets are simulated in a compressed manner with respect to time; …. In embodiments, compression of time causes the simulated market to run at a faster speed than real time, for example such that 1 hour of historical market time occurs per one second of real time."; 0070 "the invention provides a computer program with means for performing some or all of the steps mentioned above and below"; 0074 "providing a Compressed Time Simulation Method, which allows for the simulation of investment(s) been conducted, but in a compressed manner with respect to time. Where a Compressed Time Simulation Method is provided, the Compressed Time Simulation Method can cause the simulated investment market to run at X minutes of historical market time per one second of real time, where X could be any number range from 1 (e.g. 1 minute) to 1440 (e.g., 1440 minutes) or higher."; although Yu does not explicitly mention a "clock," he teaches that a computer program (running on a computer) performs a Compressed Time Simulation Method as described above, thus the computer program running on a computer teaches the recited clock and its recited functionality/operation)
displaying the one or more values resulting from the simulating. (The values/prices indicated in the preceding bullet point immediately above are among the data that is/can be displayed to the user on the user's computer, as per the following (note that Yu teaches "presenting" (or 0066 "indicating") in the context of 'presenting, by a program, on a user's computer', which amounts to, and therefore teaches, displaying: 0020 "The computer program … can track each user's activities and present those investments and the value of those investments to each user"; 0058-0059, 0062-0064, 0066 presents simulated data in charts (note 0064 "Where the number of charts being run exceeds a number that can reasonably be presented by a computer screen, the program will generate multiple screens or pages of charts and permit the user to scroll or otherwise move from one screen or page to another.")
Regarding Claim 15
Claim 15 is rejected on the same grounds as claim 1. Claim 15 contains limitations of claim 1 except:
(A) - claim 15 omits "in a/the real property asset management system" in the generating, populating and simulating steps
(B) - claim 15 recites a "data structure" instead of the "asset data structure" recited by claim 1 (generating and populating steps)
(C) - claim 15 recites a "business process or entity" instead of an "asset" (generating step)
(D) - claim 15 recites a "business process or entity" instead of "the real property" (populating step)
Regarding (A), since this is an omission in claim 15 relative to claim 1, the prior art cited for the corresponding steps of claim 1 still teaches the indicated steps of claim 15.
Regarding (B), as this is a broadening of a claim term in claim 15 relative to claim 1, the prior art cited for the corresponding claim term of claim 1 still teaches the indicated claim term of claim 15.
Regarding (C) and (D), these are taught by Yu, 0017-0018: "The program, method, and system permit users to select one or more markets of interest, optionally one or more individual assets (e.g., a single company stock, a mutual fund, a real estate sector, a precious metal, etc.), one or more investment vehicles of interest (e.g., stock, option, future, spread, etc.), …"; 0018 "the present invention … can simulate any trading market where movement of the market can be represented by investment charts, such as, for example, stock, bond, currency, commodities, and real estate markets." -- thus, Yu teaches, e.g., the recited "asset" can be a company stock; in this case, the recited "data structure" as taught by Yu (viz., form, format or chart) (0020-0021, 0057-0059, 0063, 0129) and the recited "data" as taught by Yu (viz., actual historical data and optionally real-time data from the market of interest pertaining to the asset) (0020) corresponds not only to the stock but also to the company, i.e., corresponds to a business entity/one or more aspects of the business entity.)
Regarding Claims 3 and 16
Yu teaches the limitations of base claims 1 and 15 as set forth above. Yu further teaches:
further comprising defining a simulation start time including one or more of a date and a time of day. (claim 4, 0067, 0135, Fig. 2, 203)
Regarding Claim 6
Yu teaches the limitations of base claim 1 and intervening claim 3 as set forth above. Yu further teaches:
further comprising displaying an indicator that simulation mode is active when a simulation is being executed. (0131, Fig. 1, 105, the selection of 105 causes a simulation to be executed, and accordingly the state in which 105 is selected is a state in which 105 is displayed as having been selected, which serves as an indicator that a simulation is being executed)
Regarding Claim 8
Yu teaches the limitations of base claim 1 and intervening claim 3 as set forth above. Yu further teaches:
further comprising triggering one or more interrupt activities based on a simulated time value and aligning clocks as necessary. (0084 "allowing a user to place orders, set warnings, set conditions, and set triggers at any moment during a simulation trading day on the simulated investment by using the Visualized Setting Method; allowing a user to execute buys and sells at any moment of a simulation trading day on the simulated investment at the price of that moment; allowing a user to see a daily investment chart displaying any moment of the simulated investment market during a simulation day; allowing a user to see a [sic] intraday investment chart displaying any moment of the simulated investment market during a simulation day (the intraday investment chart is automatically advancing from the open of the investment market to its end); allowing a user to see a multi-day intraday chart; allowing a user to adjust the advancing speed of the intraday investment chart at any time; allowing a user to pause and resume the advance of the intraday investment chart at any time; automatically pausing the advance of the intraday investment chart if buy or sell selected from the choosing investment vehicle to give a user an opportunity to finish the buy or sell operation; synchronizing the movement of daily investment chart with the movement of intraday investment chart all the time during the simulation;" -- "aligning clocks as necessary" is taught by the underlined portions at the end of quoted passage)
Regarding Claim 11
Yu teaches the limitations of base claim 1 and intervening claim 3 as set forth above. Yu further teaches:
wherein the simulating includes simulating events including one or more of a user access and role definition, asset definition, GL code entries, applicant lead, application, lease action, a lease payment, a one-time charge, a scheduled task, a simulation vector task, a task when simulation paused or stopped, a scheduled expense, an expense from a simulation test vector, an expense when simulation paused or stopped, task prioritization including one or more of asset, category, user, or type, payments for tasks or services, a notification based on simulated time, an advertising result, parts inventory, material inventory, and a communication task based on simulated time, calendars, Gannt charts, reports, tenant move in and move out. (0166, Fig. 19, 1901 "Simulation Definition", 1902 "Trading Vehicles" (assets) --the simulation includes asset definition)
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yu (U.S. Patent Application Publication No. 2008/0027880 A1), in view of Cutts et al. (U.S. Patent Application Publication No. 2012/0130703 A1), hereafter Cutts.
Regarding Claim 2
Yu teaches:
generating, in a real property asset management system, an asset data structure (form, format, or chart) corresponding to an asset, wherein the asset is a real property, and wherein one or more components of the data structure correspond to one or more physical elements of the asset; (regarding in a … asset management system: 0120 "The program further can track user's investments (assets) in markets or individual components of markets and indicate to the user the value of the investments." -- the described tracking teaches "management"; 0142 "Account management area 301 is the place for showing and managing the player's account information. … Portfolio management area 303 is the place for displaying the player's portfolio information."; 0148 "The working mechanism of system is as following: The Portfolio Manager 409 of FIG. 4 is working behind the scenes at all times to check whether any opened order price has been hit, or any position threshold and any pre-set warning price have been reached. … At the same time, the controller 402 requests the portfolio manager to update all records in the portfolio and set warnings only for the positions that have been hit. The Account Manager 408 is also requested by 402 to update the account accordingly."; regarding … real property …: 0017 "The program, method, and system permit users to select one or more markets of interest, optionally one or more individual assets (e.g., a single company stock, a mutual fund, a real estate sector, a precious metal, etc.), one or more investment vehicles of interest (e.g., stock, option, future, spread, etc.), …"; 0018 "the present invention … can simulate any trading market where movement of the market can be represented by investment charts, such as, for example, stock, bond, currency, commodities, and real estate markets."; note "asset" and/or "vehicle," in the context encompassing "real estate," teach "real property"; regarding generating, …, an asset data structure corresponding to an asset: generating a data structure is taught by any of (1) converting the data to a form/format (0129 "the present invention can import the data, convert it to a form and format that is useful within the context of the invention, and display the data in a consistent and easily understandable form and format"; 0021), (2) presenting the data in charts (0020, 0063), and (3) storing and organizing the data in forms such as charts (0058); note the context of the aforementioned teachings teaches that the data structure is an asset data structure corresponding to an asset, e.g., per 0020-0021 and 0057 the data may pertain to stocks/individual products, and per 0059, e.g., a price thereof; regarding wherein the asset is a real property, and wherein one or more components of the data structure correspond to one or more physical elements of the asset: as noted above, "asset" and/or "vehicle," in the context encompassing "real estate," teach "real property," and "real property" by definition includes physical elements, therefore, insofar as the asset data structure corresponds to the asset (as taught above), it corresponds to the real property and to the physical elements of the real property)
…
populating, in the real property asset management system, the asset data structure with data corresponding to one or more aspects of the real property, (0020 "The program simulates one or more financial markets using accurate, actual historical data and, optionally, real-time data from the market(s) of interest, and presents the data in one or more charts …."; 0021 "The method comprises converting data from one or more markets into one or more charts representing the data in a graphical manner; and presenting the chart(s) to one or more users."; 0058 "The program of the invention stores and organizes the data for presentation to users in one or more useful forms, such as in the form of investment charts."; 0129 "the present invention can import the data, convert it to a form and format that is useful within the context of the invention, and display the data in a consistent and easily understandable form and format."; regarding the real property: as per the preceding bullet point immediately above, Yu applies to assets in the real estate context, hence such asset would be "real property")
wherein the data includes one or more of actual data or simulated data; (0020 "The program simulates one or more financial markets using accurate, actual historical data and, optionally, real-time data from the market(s) of interest, …."; 0058 "The program of the invention obtains historical, and where appropriate real-time up-to-date, data on various parameters of one or more markets."; note both Yu's "actual historical data" and Yu's "real-time data" teach both (1) simulated data inasmuch as they are or can be used to simulate an historical market (0069 "Preferred embodiments include a computer program for interactive investment trade simulation, where the program comprises computer-readable instructions for: obtaining real historical data and information from or about one or more markets in which trading can or did occur; simulating the market(s) using the historical data and other information, wherein the markets are simulated in a compressed manner with respect to time"; 0020 "The program simulates one or more financial markets using accurate, actual historical data and, optionally, real-time da