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
Claims 1-40 are currently pending in application 18/674,178.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f), because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “module” in claims 1, 2, 4, 12-25, 28-34, and 39.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f), they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f), applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f).
Claim Objections
Claim 20 is objected to because of the following informalities: Claim 20 discloses, “… wherein the customer-generated content is sued by the system to improve overall user experience …”. Appropriate correction is required.
The Examiner is assuming the term “sued” is a grammatical error, and that the Applicant meant “used”, and is Examined as such below.
Claim Rejections - 35 USC § 112 (b)
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.
Claims 1-40 rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Independent Claim 1 recites “the user interface configured to receive user preferences and intent as input data, integrate data sources including listing attributes and market trends, wherein a machine learning algorithm is trained to analyze the input data and the database to generate personalized property recommendations by identifying real estate trends and patterns, improving recommendation accuracy over time”.
The claim indicates that recommendation accuracy is improved overtime; however, the claim is missing iterative feedback loops necessary for the improvement of the machine learning model over time. As the claim is worded, “improving recommendation accuracy over time” simply reads as intended use of the previous claim element.
The Examiner suggesting amending the claim to include the continual updating of the model described in the specification (See at least Para 0059).
Claims 2-40 are also rejected as being dependent from claim 1, under the same rationale and reasoning as identified above.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1-40 are rejected under 35 U.S.C. 103(a) as being unpatentable over Fox (US 2020/0184582 A1) in view of McGee et al. (US 12,260,465 B2), and further in view of Rankin, JR. et al (US 2011/0289009 A1, Hereafter referred to as “Rankin”).
As per independent Claim 1, Fox discloses an intelligent real estate transaction system (See at least Fig.1, Para 0017) (See at least Fig.1, Para 0018-0019) comprising:
a property listing database supported by block chain mechanism, the database storing property listings for sale, rent, lease, or combinations thereof, each listing associated with a unique identifier (ID), wherein the database is configured for continuous updating, and the blockchain mechanism generates a ledger to* secure transaction data against unauthorized modifications, ensuring tamper-proof storage and retrieval (See at least Abstract; Fig.2; Para 0007, “… a private blockchain network for storing real estate transaction related information … ”; Para 0020-0025);
a web based online transactional platform configured to facilitate collaboration among a plurality of users of the real estate transaction system to share information about a property enlisted in the property listing database, and perform location-based, context-aware property matching by processing user location data and listing attributes in real-time (See at least Fig.1; Para 0006-0009, 0018, 0020-0025, 0031-0036);
at least one user authorized and authenticated to access the real estate transaction system (See at least Para 0027 and 0042);
one or more user modules implemented as an application programming interface (API) server and functionally coupled with the property listing database via a computer network to facilitate the authorized user to access the property listing database via a user interface on a web page or a mobile application on an electronic communication device, wherein the authorized user is a buyer or a seller or a realtor or a service provider, the user interface configured to receive user preferences and intent as input data, integrate data sources including listing attributes and market trends, wherein a machine learning algorithm is trained to analyze the input data and the database to generate personalized property recommendations by identifying real estate trends and patterns, improving recommendation accuracy over time* (See at least Figs.1-2; Para 0031, “Para 0031, “The artificial intelligence and analytics module 160 provides support for members engaging in real estate transactions. For example, a member 100 can access to system to query the module 160 for advice including but not limited to financial instruments, projected property values, product trends, and population trends.”; Para 0032, “The artificial intelligence module 160 uses computational algorithms that combine data, techniques, and methodologies to assist members and entities to navigate through real estate-based transactions. The artificial intelligence module can be trained using available data sets and learn to optimize performance in a changing real estate environment. The artificial intelligence module 160 can include at least one of the following computational techniques: neural network; constraint program; fuzzy logic; classification; conventional artificial intelligence; symbolic manipulation; fuzzy set theory; evolutionary computation; cybernetics; data mining; approximate reasoning; derivative-free optimization; decision trees; soft computing; or a combination thereof.”; See also Para 0025, and Para 0035-0040);
artificial intelligence (AI) generated marketing email campaign platform configured to provide AI-generated marketing email campaign feature in order to streamline and enhance engagement process for the realtor, wherein the realtor is enabled to create dynamic and personalized email campaigns that resonate with prospects by leveraging Al technology, which in turn drives engagement and nurtures effective relationship (See at least Para 0031, “… In additional the artificial intelligence and analytics module 160 can review a member's information including location, entity, and organization and recommend or initiate the transmission of targeted sales and marketing materials 210 to the member. The artificial intelligence and analytics module 160 continues to learn based upon input from members including but not limited to member questions, geographic, economic, and transactional data. The knowledge from learning is used to enhance the services provide by the module.”; See also Para 0007-0008 and Para 0033-0034);
a personalized integrated messaging platform enabling real-time, personalized communication across SMS, email, and app notifications by integrating user data and transaction status for seamless, context-aware interactions between realtors, prospects, and clients, wherein the platforms, portals and modules of the intelligent real estate transaction system including the one or more user modules are configured to display information relating to current status of buyer driven real estate transaction events via the user interface on a web page or a mobile application on an electronic communication device, wherein the Al based processing is functional with the property listing database and the at least one user module to process and analyse the inputs received and to further process and analyse communications via the computer network between the at least one user module and the property listing database to generate personalized recommendations to the user (See at least Para 0031, “… The artificial intelligence and analytics module 160 continues to learn based upon input from members including but not limited to member questions, geographic, economic, and transactional data. The knowledge from learning is used to enhance the services provide by the module.”; Para 0036, “The information gathering module 190 retrieves and stores data from external sources for use from other modules. For example the information gathering module 190 can gather housing data and employment data. Other modules, for example, the artificial intelligence module can retrieve data from the information gathering module 190 to perform market analysis and provide recommendations to members 100. The information gathering module 190 will seek data from more than member input. The module will be search publically available databases and can have access to private databases through subscription or licensing agreements. The information gathering module 190 can also receive direction from the artificial intelligence module 160 to retrieve particular types of data or data from particular sources to assist members.”; Para 0041, “The communication network 200 can also include party to party communication capabilities. Communication capabilities include internet-based calls, text messages including short message service (SMS) and multimedia messaging service (MMS), and voicemails. The system, through a caller's communication device, can be notified of the intent to establish a telephone call connection over an internet connection by caller party to a receiving party. Then the system can establish a connection with the caller and receiving party's communication device and automatically establish an internet connection and then a connection to a directory service on the Internet.”; See also Para 0018, 0020-0025, 0032-0035; Claim 12).
While Fox does disclose the integration of blockchain technology to track and save changes (See at least Para 0070, “… the computer-based network is further configured to update the private blockchain network with inputted changes to at least one of member, location, entity, and organization of the first user.”; See also Figs.1-2; Para 0006-0009, 0018-0027, 0031-0036), and an integrated communication system to track inbound/ outbound communication between users (See at least Para 0009, “… The LEO system documents and organizes each interaction between a user and the system to keep data accurate and timely on a continuous basis. Inbound and outbound communications from users, LEO, and third parties can go through and be captured by the LEO system. This includes, for example, emails, texts, chats, phone calls, and transaction documents. It is not necessary to have separate respective systems for phone calls, email, accounting, referrals, social media, opportunity management, or engagements, …”; See also Para 0021, Para 0023); Fox fails to expressly disclose wherein the real estate transaction system further comprises: a property listing management platform to enable a seller's agent to access and update the database in real-time with listing information, including: tracking progress of each listing, monitoring deadlines for each listing, managing specific requirements for each listing, uploading documents including inspection report of enlisted properties, uploading photos relevant to listing and tracking feedback from the users regarding each listing; a prospect management platform configured for providing organized management of multiple leads and personalized communication and follow-ups, wherein the realtor is provided with a plurality of tools to systematically and efficiently organize, track and engage with multiple leads.
However, the analogous art of McGee discloses a real estate transaction system that comprises: a property listing management platform to enable a seller's agent to access and update the database in real-time with listing information, including: tracking progress of each listing, monitoring deadlines for each listing, managing specific requirements for each listing, uploading documents including inspection report of enlisted properties, uploading photos relevant to listing and tracking feedback from the users regarding each listing (See at least C22-C23); and a prospect management platform configured for providing organized management of multiple leads and personalized communication and follow-ups, wherein the realtor is provided with a plurality of tools to systematically and efficiently organize, track and engage with multiple leads (See at least C21).
Therefore, at the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have included wherein the real estate transaction system further comprises: a property listing management platform to enable a seller's agent to access and update the database in real-time with listing information, including: tracking progress of each listing, monitoring deadlines for each listing, managing specific requirements for each listing, uploading documents including inspection report of enlisted properties, uploading photos relevant to listing and tracking feedback from the users regarding each listing; a prospect management platform configured for providing organized management of multiple leads and personalized communication and follow-ups, wherein the realtor is provided with a plurality of tools to systematically and efficiently organize, track and engage with multiple leads, as disclosed by McGee in the system disclosed by Fox, for the advantage of providing a real estate transaction system with the ability to increase system effectiveness by incorporating a variety of business communication and interaction tracking tools (See KSR [127 S Ct. at 1739] “The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.”).
Furthermore, both Fox and McGee fail to expressly disclose a prospect acquisition platform configured to automate lead generation by generating and sharing quick response (QR) codes that, when scanned, capture prospect information and organize it under corresponding listings in the database, reducing manual data entry errors* [Statement of intended use (or a Statement of purpose/result) – the statement describes a benefit, function, or result that stems from using the invention, rather than describing the physical structure or step-by-step logic itself]
However, the analogous art of Rankin discloses a prospect acquisition platform configured to automate lead generation by generating and sharing quick response (QR) codes that, when scanned, capture prospect information and organize it under corresponding listings in the database (See at least Para 0058, “… For example, the property marketing tool may generate a URL or other link to a generated webpage. In another implementation, the property marketing tool may generate a barcode, QR code, matrix code, and/or the like one dimensional or two dimensional barcode, the scanning of which may cause the automatic linking of a scanning device (e.g., a cellular phone) to a webpage displaying property information, the retrieval of a file containing property information, and/or the like. … In one implementation, the property marketing tool may further allow for the automatic population of property information, contact information, scheduled activities, and/or the like based on detected interactions of users with generated links, barcodes, and/or the like.”; See also Para 0059-0060 and Para 0076-0077).
Therefore, at the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have included a prospect acquisition platform configured to automate lead generation by generating and sharing quick response (QR) codes that, when scanned, capture prospect information and organize it under corresponding listings in the database, reducing manual data entry errors, as disclosed by Rankin in the system disclosed by McGee, in the system disclosed by Fox, for the advantage of providing a real estate transaction system with the ability to increase system effectiveness by incorporating a variety of business marketing communication and data acquisition tools (See KSR [127 S Ct. at 1739] “The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.”).
*Please note:
A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See e.g. In re Collier, 158 USPQ 266, 267 (CCPA 1968)(where the court interpreted the claimed phrase “a connector member for engaging shield means” and held that the shield means was not a positive element of the claim since “[t]here is no positive inclusion of ‘shield means’ in what is apparently intended to be a claim to structure consisting of a combination of elements.” See e.g. In re Collier, 158 USPQ 266, 267-68 (CCPA 1968)(where the court interpreted the claimed phrase “said ferrule-forming member being crimpable onto said shield means” and held that the shield means was not a positive element of the claim since “[t]here is no positive inclusion of ‘shield means’ in what is apparently intended to be a claim to structure consisting of a combination of elements.... “[t]he ferrule or connector member is crimpable but not required, structurally, to be crimped .... These cannot be regarded as structural limitations and therefore not as positive limitations in a claim directed to structure. They cannot therefore be relied on to distinguish from the prior art.”). Functional recitation(s) have been considered but given less patentable weight because they fail to add any steps and are thereby regarded as intended use language. A recitation of the intended use of the claimed invention must result in additional steps. See Bristol-Myers Squibb Co. v. Ben Venue Laboratories, Inc., 246 F.3d 1368, 1375-76, 58 USPQ2d 1508, 1513 (Fed. Cir. 2001) (Where the language in a method claim states only a purpose and intended result, the expression does not result in a manipulative difference in the steps of the claim.).
As per Claim 2, Fox discloses wherein the one or more user modules are implemented via the application programming interface (API) server and are functionally coupled with the property listing database to facilitate personalized real estate transaction processing selected from a group: an artificial intelligence (AI) realty advisor, a set of tools and resources, (See at least Para 0020, “One or more application program interfaces (APIs) (e.g., third party APIs) can be utilized. Any one of location, organization, entity, and member can communicate directly with one or more APIs (e.g., third party API plug-ins). That is, all of location, organization, entity, and member (or any subset thereof) can respectively communicate directly with one or more APIs (e.g., third party API plug-ins).”; Para 0031, “The artificial intelligence and analytics module 160 provides support for members engaging in real estate transactions. For example, a member 100 can access to system to query the module 160 for advice including but not limited to financial instruments, projected property values, product trends, and population trends.”; See also Para 0014, 0031-0032, 0036, 0043, and 0062).
As per Claim 3, Fox discloses wherein the property listing management platform enables the seller's agent to prioritize his tasks; set reminders on ongoing projects; collaborate with his team members and/or the clients; and enhance the communication and efficiency throughout the listing process (See at least Para 0020-0025, 0031-0036).
As per Claim 4, Fox discloses wherein the property listing management platform comprises:
an integrated in-house artificial intelligence (AI) module configured: to analyze the uploaded documents including inspection reports to extract key information and insights in order to facilitate improved decision making; and to generate recommendations on necessary tasks to be performed with respect to a specific enlisted property and the relevant market context, based on the extracted key information and insights in consideration with historical data and current industry best practices (See at least Para 0031-0033, 0036, and 0062),
wherein the property listing management platform allows the realtor* to make informed decisions and consider practical steps to optimize his listings on the property listing database, enhances the efficiency and effectiveness of property management by the realtor and saves time and resources (See at least Para 0020-0025, 0031-0036, and 0062);
a task planner and tracker platform configured to enable the realtor with comprehensive tools to make him actively manage and observe tasks associated with his property in an organized way;
a property checklist platform comprising a plurality of essential steps and requirements to enable a realtor to make certain of completion of all necessary tasks related to a property before getting enlisted on the property listing database, wherein the property checklist platform facilitates the realtor with streamlined listing process of the property and enhanced market readiness; and
a team collaboration platform to enable a realtor to invite and collaborate with other co-realtors, vendors and sellers to share property status updates and the timelines which in turn facilitates smooth transaction with improved client satisfaction by enhanced communication and coordination with transparency among all the stake holders of the listing process, wherein the team collaboration platform comprises: an invitation functionality module to enable a realtor with an option to invite relevant parties, including co-realtors, vendors/service providers including photographers, inspectors, and contractors, and sellers, to join the team associated with a specific property, wherein the invitation from the realtor sent through an email communication or through the team collaboration platform to facilitate the recipients of the communication from the realtor with access to the property's dedicated team space (See at least Para 0009, 0020-0021, 0033-0037, 0041);
an information sharing module to enable the team members with seamless access and sharing of the property-related information, including status updates, documents, and timelines, within the team space, which in turn serves as a repository for collaboration among the stakeholders with an access to the information and engagement throughout the listing process of the property in the property listing database (See at least Para 0018, 0020-0027, 0031-0036, 0041);
a real time update module to enable the team members to provide real-time updates on property status, progress, and tasks in order to make certain that every member of the team associated with a specific property is informed about the developments related to the specific property including progress and changes, which promotes a sense of accountability and teamwork to enable effective problem-solving and decision-making at the time of risks/challenges (See at least Para 0020-0023);
a customizable access module to enable the realtor to control the level of information shared with different team members (See at least Para 0018, 0020-0027, 0031-0036, 0041-0042);
an integrated timeline management module to enable each team member to make effective coordination of schedules, deadlines and milestones, and to provide the realtor with visualization of the property's timeline, track progress, and identification of any possible delays including hold-ups, in order to facilitate proactive management and timely resolution of the issues (See at least Para 0018, 0020-0027); and
a communication tools module to facilitate each team member with messaging and commenting options in order to enable each team member for collaboration and direct communication within the team collaboration platform which excludes the need for separate communication channels and in turn makes certain of the documentation of the discussions/communications and accession to the documented discussion/communication by the relevant party (See at least Para 0009, 0018, 0020-0025, 0031-0036, 0041).
As per Claim 5, Fox discloses wherein the prospect management platform comprises: a lead tracking and interest level platform configured to track interests and preferences of each prospect by capturing valuable information including property preferences, budgetary constraints, desired locations, and any specific criteria, wherein the realtor is allowed to tailor the communications of an individual prospect and make the offer that matches with the needs of the individual prospect; a communication context history platform configured to maintain a comprehensive history of communication with each prospect including emails, phone calls, meetings, and other interactions in order to provide the realtor with valuable insights into previous conversations and interactions to further enable the realtor to pick up where he has left off and maintain the continuity in communication; an automated communication and reminder platform to enable the realtor to set up automated communication workflows in order to send personalized messages, such as anniversary wishes, property tax reminders, or other relevant notifications, based on predefined triggers and/or timelines, which in turn facilitates the realtor to prioritize the prospects of his clients and nurture relationships over time without requiring manual follow-ups for routine tasks; a customizable tables and tags platform to enable the realtor to add customized labels and tags to the prospects in order to enable him to categorize the leads based on the preferences, interests, stage in the buying process, or any other relevant criteria of the prospects which results in the streamlined prospect management and further facilitates targeted communication strategies tailored to the specific needs of each group; and a prospect segmentation platform to enable the realtor to leverage the customizable labels and tags for the segment wise division of his prospects list, such as first-time homebuyers, investors, or luxury property seekers which in turn enables the realtor to tailor his marketing efforts and communication strategies to resonate with each group's unique preferences and priorities (See at least Para 0009, 0018, 0020-0025, 0031-0036, 0041).
As per Claim 6, Fox and Rankin discloses wherein the prospect acquisition platform comprises: a self-service QR code generation platform to enable the realtor to generate the QR code within the prospect acquisition platform and assign each such generated QR code to a specific property listing, wherein each such generated QR code configured to function as a digital gateway for the prospects to access the information related to the specific property listing and share their contact details with the realtor; a QR code integration platform facilitated to integrate the QR codes generated by the realtor with various marketing channels including flyers, brochures, signage, and online advertisements, wherein the realtor is enabled to strategically place these generated QR codes at open houses, property showings, or marketing events to attract prospective buyers and facilitate engagement; an automated prospect collection platform enabled to direct a prospect to a landing page after the scanning of the QR code with their mobile communication device including a smart phone, wherein the prospect is enabled to access the detailed information on the property and share their contact information which facilitates the automatic collection and organization of the contact information of the prospects, and associates the collected information with the corresponding property listing; a customizable landing pages platform to provide the realtor with the flexibility to customize the landing pages linked to the QR codes, tailoring the realtor to showcase property highlights, photos, virtual tours, and other relevant details, which enhances the prospect's experience and encourages the prospects share their contact information for further engagement, wherein the contact information of the prospects are organized and associated with the corresponding property listing; a real-time prospect tracking platform to provide the real-time tracking of QR code scans and prospect submissions, which enables the realtor to monitor the effectiveness of his marketing efforts and identify high-potential leads, the real-time tracking of QR code scans and prospect submissions further allows the realtor to prioritize the follow- up actions and nurture effective relationships with prospects; an integration with listing properties platform enables the automatic organization and association of the prospect information collected through the QR code scans with the respective listing properties within the prospect acquisition platform to make certain that the realtor is enabled to access the prospect data within the context of specific properties, which facilitates targeted follow-up and personalized communication; and an enhanced data management platform to enable the enhanced Data management by automating the prospect collection and organization to streamline the data management processes for the realtor, which results in the minimization of the manual data entry and reduces the risk of errors or oversights, which further enables the realtor to focus his time and resources on building relationships and closing the deals (Rankin: See at least Para 0058 and 0076).
As per Claim 7, Fox discloses wherein the Al generated marketing email campaign platform comprises: a dynamic template generation platform which allows the realtor to access a library of customizable Al generated dynamic email templates which matches with his branding and messaging preferences, wherein the generation of such dynamic temples is based on industry best practices, user preferences, and historical data analysis; a personalized content recommendations platform, wherein the AI is enabled to analyse the prospect data including preferences, behaviour, and engagement history to generate personalized content recommendations for each email campaign, which makes certain that the content is relevant and tailored to the individual interests and needs of each prospect in order to increase the likelihood of engagement; an automated content generation platform to enable the realtor to leverage the AI for automatic generation of email content based on the personalized recommendations and template selection, wherein the AI is configured to dynamically populate the email with compelling text, images, and call-to-action elements in order to optimize the content for maximum impact and effectiveness; a segmentation and targeting platform to enable the realtor to enable the realtor to leverage the AI for the segment wise division of his prospects based on various criteria, such as demographics, interests, and engagement levels, wherein the AI utilizes these segments to tailor the content and messaging of each email campaign, and makes certain that the email campaign resonates with the specific preferences and needs of each audience segment; an automated scheduling and delivery platform to enable the realtor to schedule and automate the delivery of his email campaigns, to make certain the timely and consistent communication with prospects, wherein the realtor is enabled to set up drip campaigns, trigger-based emails, and follow-up sequences to nurture leads and maintain the engagement over time; and a performance analytics and insights platform to enable the realtor to have access to comprehensive analytics and insights into the performance of their email campaigns, wherein the performance analytics and insights platform tracks key metrics such as open rates, click-through rates, and conversion rates, which provides real-time feedback on campaign effectiveness and informing future strategy adjustments for the realtor (See at least Abstract; Para 0005-0009, 0020-0025, 0031-0036).
As per Claim 8, Fox discloses wherein the personalized integrated messaging platform comprises: a multi-channel communication platform to enable the realtor with the flexibility to communicate with different persons using their preferred communication channels, such as SMS, email, or app notifications, which makes certain that messages reach recipients through their preferred medium to maximize the chances of engagement and response; a personalized messaging platform to enable the realtor to personalize his message based on the recipient's preferences, interests, and communication history in order to further enable the realtor to tailor his message to resonate with each individual recipient; a real-time alerts and notifications platform wherein the realtor is enabled to set up personalized real-time alerts and notifications for various events and updates, such as task assignments, property inquiries, showing requests, or important deadlines which makes certain that the realtor stays informed and proactive, which enables the prompt response of the realtor to critical events and opportunities; a task updates and reminders platform to enable the realtor to configure personalized alerts and reminders for task updates, deadlines, and milestones associated with his listings and transactions, which enables the realtor to stay on top of his tasks and commitments with ease; an integration with task management platform wherein the seamless messaging is integrated with the integrated messaging seamlessly integrates with the task management tools of the personalized integrated messaging platform, which allows the realtor to receive task-related alerts and notifications directly within his preferred communication channels in order to make certain that the realtor stays organized and productive; and a two-way communication platform wherein the messaging supports two- way communication to enable the realtor to engage in real-time conversations with prospects, clients, and team members, wherein the realtor maintains ongoing dialogue and builds rapport with his contacts (See at least Para 0009, 0018, 0020-0025, 0031-0036, 0041).
As per Claim 9, Fox discloses wherein the seller is enabled to modify the property listing database by adding, removing, or modifying a listing using a seller insights platform (See at least Para 0015-0017).
As per Claim 10, Fox discloses wherein the buyer is enabled to query listings in the property listing database with one or more inputs in order to identify one or more chosen property listings (See at least Para 0033-0036).
As per Claim 11, Fox discloses wherein each realtor of the system is enabled with a plurality of valuable insights and recommendations for his customers/buyers/clients using the AI realty advisor, the AI realty advisor further configured to: a) utilize the conversational AI to facilitate the realtors to prioritize their customers and further configured to provide insights into their properties including houses, inspection reports, and likely trends in their values; b) analyse a plurality of data sources to provide personalized insights and recommendations to the realtors in order to facilitate the realtors to better understand their customer/client base and provide more relevant and useful information to their customers/client; and c) facilitate the realtors with property valuations performed using ML algorithms to predict the likely value of a property based on the plurality of various factors consequently enhancing the credibility of realtors and improving their ability to meet customer/client needs and preferences (See at least Para 0005, 0031-0036, Artificial Intelligence, SMART (intelligent) home consultants).
As per Claim 12-40, the claims contain optional elements not chosen in Claim 2 (in which all the claims are dependent), and under broadest reasonable interpretation (BRI) of the claims, are not necessarily disclosed in the sited prior art. Applicant(s) are reminded that optional or conditional elements do not narrow the claims because they can always be omitted. See e.g. MPEP §2106 II C: “Language that suggest or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. [Emphasis in original.]”; and In re Johnston, 435 F.3d 1381, 77 USPQ2d 1788, 1790 (Fed. Cir. 2006) “As a matter of linguistic precision, optional elements do not narrow the claim because they can always be omitted.” In re Johnston, 435 F.3d 1381, 77 USPQ2d 1788, 1790 (Fed. Cir. 2006)(where the Federal Circuit affirmed the Board’s claim construction of “further including that said wall may be smooth, corrugated, or profiled with increased dimensional proportions as pipe size is increased” since “this additional content did not narrow the scope of the claim because these limitations are stated in the permissive form ‘may.’”).
Response to Arguments
Applicant’s arguments filed on 12/17/2025, with respect to the prior art rejection of Claims 1-40, have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892 Notice of References Cited. The Examiner suggests the applicant review all of these documents before submitting any amendments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN P OUELLETTE whose telephone number is (571)272-6807. The examiner can normally be reached on M-F 8am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynda C Jasmin, can be reached at telephone number (571) 272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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June 9, 2026
/JONATHAN P OUELLETTE/Primary Examiner, Art Unit 3629
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