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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on Dec. 23, 2025 has been entered.
Status of the Claims
Claims 1-3 and 5-7 are all the claims pending in the application.
Claims 1 is amended.
Claims1-3 and 5-7 are rejected.
The following is a Non-Final Office Action in response to amendments and remarks filed Dec. 23, 2025.
Response to Arguments
Regarding the 101 rejections, the rejections are maintained for the following reasons. First, Applicant asserts the rejections should be withdrawn because establishing and maintaining a connection based on location reflects a specific technical implementation. Examiner respectfully does not find this assertion persuasive because Examiner finds the limitations are recited too broadly and generally to be more than a general link to a field of use (i.e., location-based services).
Second, Applicant asserts the rejections should be withdrawn because the claims recite dynamically updating the floating bubbles. Examiner respectfully does not find this assertion persuasive because augmented reality necessarily requires dynamically updating the display data (otherwise it would be a static image and not augmented reality). Accordingly, the 101 rejections are maintained, please see below for the complete rejections of the claims as amended.
Regarding the 103 rejections, the rejections are maintained for the following reasons. Applicant asserts the cited reference do not teach other users who are not pre-established connections of the user. Examiner respectfully does not find this assertion persuasive because Zhang does not contemplate limiting the shared data to pre-established connections of the user. Thus Zhang teaches sharing data with other users who are not pre-established connections of the user. Accordingly the 103 rejections are maintained, please see below for the complete rejections of the claims as amended.
In response to arguments in reference to any depending claims that have not been individually addressed, all rejections made towards these dependent claims are maintained due to a lack of reply by Applicant in regards to distinctly and specifically pointing out the supposed errors in Examiner's prior office action (37 CFR 1.111). Examiner asserts that Applicant only argues that the dependent claims should be allowable because the independent claims are unobvious and patentable over the prior art.
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 1-3 and 5-7 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, claim is rejected as indefinite because claim 1 recites (emphasized) “…wherein the augmented reality display dynamically updates the floating bubbles in response to new posts received from other user computing devices in real time…” There is insufficient antecedent basis for this limitation.
Accordingly, claim 1 is rejected under 112(b). Claims 2, 3, and 5-7 do not clarify this issue and accordingly are rejected due to their dependencies.
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 1-3 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Under Step 1 of the patent eligibility analysis, it must first be determined whether the claims are directed to one of the four statutory categories of invention. Applying Step 1 to the claims it is determined that: claims 1-3 are directed to a machine. Therefore, we proceed to Step 2.
Independent Claims
Under Step 2A Prong 1 of the patent eligibility analysis, it must be determined whether the claims recite an abstract idea that falls within one or more designated categories or “buckets” of patent ineligible subject matter that amount to a judicial exception to patentability.
Independent claim 1 recites an abstract idea. Specifically, independent claim 1 recites an abstract idea in the limitations (emphasized):
…a server having a memory storing geo-grouped feature data;
a plurality of user computing devices coupled to the server; and
a first user computing device coupled to the server, wherein the server is programmed to:
receive and store from the plurality of user computing devices posts and location information associated with the posts corresponding to features, wherein the posts from the plurality of user computing device is stored as part of the geo-grouped feature data;
wherein the geo-grouped feature data comprises user- generated posts from other users of the system who are not pre-established connections of the user of the first user computing device;
receive location information from the first user computing device, wherein the first user computing device operates a mobile application installed thereon, wherein operation of the mobile application couples the first user computing device to the server, and determines a location of the first user computing device and sends the location information comprising the location of the first user computing device to the server;
establish and maintain communication connections with each of the plurality of user computing devices based on their respective locations relative to the features
automatically process the location information and determine what features have a geolocation near the location of the first user computing device;
automatically find and retrieve geo-grouped feature data corresponding to each of the features near the geolocation of the first user computing device;
automatically deliver the geo-grouped feature data corresponding to each of the features near the geolocation of the first computing device to the first user computing device for display and selection of one of the geo-grouped feature data, in response to the first user computing device being within a predetermined distance of the features having geo-grouped feature data corresponding to each the features, wherein the geo-grouped feature data corresponding to each of the features is displayed proximate the display of each of the features as a part of an augmented reality environment displayed on the first user computing device as a lens of the camera views the features, wherein the augmented reality display dynamically updates the floating bubbles in response to new posts received from other user computing devices in real time, and the geo- grouped feature data includes differentiations of content types and amount of content stored as part of the geo-grouped feature data; and
receive and store a post from the first user computing device, wherein the post from the first user computing device is stored as part of the geo-grouped feature data for the feature corresponding to the one of the geo- grouped feature data selected with the first user computing device,
wherein location of a plurality of user computing devices within a predetermined distance of a feature corresponding to the selected geo-grouped feature data at a same time enables a user of any of the plurality of user computing devices to deliver a post associated with the feature to each of the remaining user computing devices of the plurality of computing devices in real time via the server through the established connections.
These limitations recite an abstract idea because these limitations encompass a mental process. These limitations encompass a mental process because these limitations encompass observing and evaluating one’s surroundings and determining nearby features (e.g., stores, landmarks, houses, etc.) based on a current location. Accordingly, claim 1 recites an abstract idea.
Under Step 2A Prong 2 of the patent eligibility analysis, it must be determined whether the identified, recited abstract idea includes additional elements that integrate the abstract idea into a practical application.
The additional elements of the independent claims do not integrate the abstract idea into a practical application. Claim 1 recites the additional elements (emphasized):
…a server having a memory storing geo-grouped feature data;
a plurality of user computing devices coupled to the server; and
a first user computing device coupled to the server, wherein the server is programmed to:
receive and store from the plurality of user computing devices posts and location information associated with the posts corresponding to features, wherein the posts from the plurality of user computing device is stored as part of the geo-grouped feature data;
wherein the geo-grouped feature data comprises user- generated posts from other users of the system who are not pre-established connections of the user of the first user computing device;
receive location information from the first user computing device, wherein the first user computing device operates a mobile application installed thereon, wherein operation of the mobile application couples the first user computing device to the server, and determines a location of the first user computing device and sends the location information comprising the location of the first user computing device to the server;
establish and maintain communication connections with each of the plurality of user computing devices based on their respective locations relative to the features
automatically process the location information and determine what features have a geolocation near the location of the first user computing device;
automatically find and retrieve geo-grouped feature data corresponding to each of the features near the geolocation of the first user computing device;
automatically deliver the geo-grouped feature data corresponding to each of the features near the geolocation of the first computing device to the first user computing device for display and selection of one of the geo-grouped feature data, in response to the first user computing device being within a predetermined distance of the features having geo-grouped feature data corresponding to each the features, wherein the geo-grouped feature data corresponding to each of the features is displayed proximate the display of each of the features as a part of an augmented reality environment displayed on the first user computing device as a lens of the camera views the features and the geo- grouped feature data includes differentiations of content types and amount of content stored as part of the geo-grouped feature data; and
receive and store a post from the first user computing device, wherein the post from the first user computing device is stored as part of the geo-grouped feature data for the feature corresponding to the one of the geo- grouped feature data selected with the first user computing device,
wherein location of a plurality of user computing devices within a predetermined distance of a feature corresponding to the selected geo-grouped feature data at a same time enables a user of any of the plurality of user computing devices to deliver a post associated with the feature to each of the remaining user computing devices of the plurality of computing devices in real time via the server through the established connections.
First, the additional elements of the server having a memory storing geo-grouped feature data; and at least one user computing device coupled to the server, in all steps are recited at a high-level of generality (i.e., as two generic computers in communication with one another) such that they amount to no more than mere instructions to apply the exception using a generic computer component.
Second, similarly the additional elements of receiving and storing a post from the at least one user computing device, the geo-grouped feature data being from users who do not have pre-established connections, and receiving and sending location information are recited at a high-level of generality (i.e., as a generic computer function of receiving and storing user inputs) such that they amount to no more than mere instructions to apply the exception using a generic computer component.
Third, the additional elements of establishing and maintaining communication connections based on location, when considered individually or in combination, do not integrate the abstract idea into a practical application because the additional elements are only a general link to a field of use or technological environment, see MPEP 2106.05(h) (discussing Affinity Labs). That is, although these additional elements do limit the use of the abstract idea, this type of limitation merely confines the use of the abstract idea to a particular technological environment (i.e., location based services) and does not integrate the abstract idea into a practical application or add an inventive concept to the claims.
Fourth, the additional elements of: the computing device operate a mobile application, wherein operation of the mobile application establishes a communication connection between the at least one computing device and the server; automatically deliver the geo-grouped data to the at least one user computing device for in response to the user computing devices being within a predetermined distance of the features corresponding to the geo-grouped data; and enable computing devices within a distance to deliver a post when the users are within the distance at a same time, do not integrate the abstract idea into a practical application because the additional element are only a general link to a field of user or technological environment (i.e., as two devices communicating with one another based on access requirements), see MPEP 2106.05(h) (discussing broadly invoking the internet). Accordingly, these additional elements, when considered individually and in combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Fifth, the additional elements of the features data being displayed proximate to the feature as part of an augmented reality environment and dynamically updating floating bubbles, when considered individually or in combination, do not integrate the abstract idea into a practical application because the additional elements are only a general link to a field of use or technological environment, see MPEP 2106.05(h) (discussing Affinity Labs). That is, although these additional elements do limit the use of the abstract idea, this type of limitation merely confines the use of the abstract idea to a particular technological environment (i.e., augmented reality) and does not integrate the abstract idea into a practical application or add an inventive concept to the claims.
Sixth, the additional elements of find and retrieve geo-grouped do not integrate the abstract idea into a practical application because using software to tailor information and provide it to a user is not more than mere instructions to apply the exception, see MPEP 2106.05(f) (discussing Intellectual Ventures I LLC v. Capital One Bank (USA)). Claim 1 is directed to an abstract idea.
Under Step 2B of the patent eligibility analysis, the additional elements are evaluated to determine whether they amount to something “significantly more” than the recited abstract idea (i.e., an innovative concept).
The independent claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception and a general link to a field of use. Mere instructions to apply an exception using a generic computer component and a general link to a field of use cannot provide an inventive concept. Claim 1 is not patent eligible.
Dependent Claims
The additional elements of claim 2 do not integrate the abstract idea into a practical application because the additional elements of the computing device being within a vehicle is only a general link to a field-of-use, see MPEP 2106.05(h).
Claim 3 recites the additional elements of displaying a floating bubble in an augment reality environment. These additional element do not integrate the abstract idea into a practical application because the additional elements are only a general link to a field of use or technological environment, see MPEP 2106.05(h) (discussing Affinity Labs). That is, although these additional elements do limit the use of the abstract idea, this type of limitation merely confines the use of the abstract idea to a particular technological environment (augmented reality) and does not integrate the abstract idea into a practical application or add an inventive concept to the claims.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al, US Pub. No. 2018/0196819, herein referred to as "Zhang" in view of Shahid et al, US Pub. No. 2019/0066157, herein referred to as "Shahid", further in view of Abhyanker, US Pub. No. 2014/0143004, herein referred to as "Abhyanker".
Regarding claim 1, Zhang teaches:
a server having a memory storing geo-grouped feature data (server is connected to database, Fig. 1; see also ¶¶[0024]-[0025] discussing property data in database. Please note, the broadest reasonable interpretation of "feature" would include properties because the Specification explicitly contemplates buildings as features, e.g. ¶[0003] of the Specification as filed);
a plurality of user computing devices coupled to the server (user devise, e.g. ¶[0033] and Abstract);
and a first user computing device coupled to the server (user device has a camera, e.g. ¶¶[0022], [0030], Fig. 2, and is connected to server, e.g. Fig. 1),
wherein the server is programmed to: receive and store from the plurality of user computing devices posts and location information associated with the posts corresponding to features (user devices transmits location data to server, ¶¶[0022], [0040], and stores and associates captured images with the property in a photo repository, ¶¶[0047]-[0048], and Fig. 7),
wherein the posts from the plurality of user computing device is stored as part of the geo-grouped feature data (provides photo repository for captured images as part of property, ¶¶[0047]-[0048]);
wherein the geo-grouped feature data comprises user- generated posts from other users of the system who are not pre-established connections of the user of the first user computing device (provides photo repository for captured images as part of property with others, ¶¶[0047]-[0048]. Please note, Zhang does not mention sharing photos based on connections of the user. Thus, Zhang teaches sharing the photos with users who are not pre-established connections of the user);
receive location information from the first user computing device (user devices transmits location data to server, ¶¶[0022], [0040]),
wherein the first user computing device operates a mobile application installed thereon (user device includes an AR application, ¶¶[0022]),
wherein operation of the mobile application couples the first user computing device to the server (user device is connected to server, e.g. Fig. 1),
and determines a location of the first user computing device (AR application determines current location of the device, ¶[0025])
and sends the location information comprising the location of the first user computing device to the server (user devices transmits location data to server, ¶¶[0022], [0040]);
automatically process the location information and determine what features have a geolocation near the location of the first user computing device (analyses location information to determine properties surrounding the location, ¶¶[0040]-[0041]);
automatically find and retrieve geo-grouped feature data corresponding to the each of the features near the geolocation of the first user computing device (provides property listing information associated with the location, ¶¶[0025], [0041]; see also ¶¶[0024]-[0025] discussing property data in database and Fig. 4 summarizing process);
automatically deliver the geo-grouped feature data corresponding to each the features near the geolocation of the first user computing device to the first user computing device for display and selection of one of the geo- grouped feature data (delivers property listing information for display associated with the location, ¶[0025]; see also ¶[0042] discussing selecting a particular property),
wherein the geo-grouped feature data corresponding to each of the features is displayed proximate the display of each of the features as a part of an augmented reality environment displayed on the first user computing device as a lens of the camera views the features (presents the real-time environment as captured by the user device and the overlaid informational identifier, ¶¶[0022], [0041] and Fig. 5b; see also Abstract summarizing)
wherein the augmented reality display dynamically updates the floating bubbles in response to new posts received from other user computing devices in real time (property information is overlaid in real time, ¶¶[0041]-[0042])
and the geo- grouped feature data includes differentiations of content types and amount of content stored as part of the geo-grouped feature data (includes various types of information about property, ¶[0024] and information about property, ¶[0043] and Fig. 6);
and receive and store a post from the first user computing device (stores captured images in a photo repository, ¶¶[0047]-[0048]),
wherein the post from the first user computing device is stored as part of the geo-grouped feature data for the feature corresponding to the one of the geo- grouped feature data selected with the first user computing device (associates photo with the property, ¶¶[0047]-[0048] and Fig. 7).
However, Zhang does not explicitly teach but Shahid does teach:
establish and maintain communication connections with each of the plurality of user computing devices based on their respective locations relative to the features (transmits real estate marketing information when user is within a threshold distance from property, ¶¶[0036]-[0037])
in response to the first user computing device being within a predetermined distance of the features having geo-grouped feature data corresponding to each the features (transmits real estate marketing information when user is within a threshold distance from property, ¶¶[0036]-[0037])
Further, it would have been obvious before the effective filing date of the claimed invention, to combine the Augmented Reality (AR) real estate interface of Zhang with the automated sending of information based on location, as taught by Shahid, because known work in one field of endeavor may prompt variations of it for use in the same field based on design incentives, see MPEP 2143.I.F. That is, Zhang contemplates users driving around looking at properties, ¶¶[0038], [0050]. One of ordinary skill would have recognized that the users would appreciate being automatically provided with the property information, when they are near properties that are listed, as taught by Shahid, so they would not have to monitor their smartphones while they were driving.
However, the combination of Zhang and Shahid does not teach but Abhyanker does teach:
wherein location of a plurality of user computing devices within a predetermined distance of a feature corresponding to the selected geo-grouped feature data at a same time enables a user of any of the plurality of user computing devices to deliver a post associated with the feature to each of the remaining user computing devices of the plurality of computing devices in real time via the server through the established connections (allows users to post to all mobile devices to subscribed user profiles in a circular geo-fenced area defined by a threshold distance from the set of geospatial coordinates associated with the event broadcast data, ¶¶[0017], [0138], [0150]).
Further, it would have been obvious before the effective filing date of the claimed invention, to combine the AR real estate interface of Zhang and Shahid with the location-based posting of Abhyanker because known work in one field of endeavor may prompt variations of it for use in the same field based on design incentives, see MPEP 2143.I.F. That is, Zhang contemplates users driving around looking at properties, ¶¶[0038], [0050]. One of ordinary skill would have recognized that the sellers would appreciate being able to provide messages to the prospective buyers as they drive by properties, like the location based digital posts as taught by Abhyanker (e.g. a for sale sign that identifies the real estate agent).
Regarding claim 2, the combination of Zhang, Shahid, and Abhyanker teaches all the limitations of claim 1 and Zhang further teaches:
wherein the at least one user computing device is located within a vehicle and is operable by a user within the vehicle (device is used while user is driving around, ¶¶[0038], [0050]).
Regarding claim 3, the combination of Zhang, Shahid, and Abhyanker teaches all the limitations of claim 1 and Zhang further teaches:
wherein the first user computing device displays the geo-grouped feature data associated with each of the features as a floating bubble proximate the display of the corresponding feature with which it is associated (displayed information is positioned above the property, ¶[0044] and Fig. 5b. Additionally, Examiner finds the data being displayed as a bubble is non-functional descriptive material, see MPEP 2111.05.I.B. That is, Examiner finds claim limitations reciting the formatting of the data being displayed do not distinguish the claims over the prior art, so long as the prior art is also displaying data).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, Shahid, and Abhyanker further in view of Park et al, US Pub. No. 8,878,750, herein referred to as "Park" further in view of Pierce et al, US Pub. No. 2017/0090695, herein referred to as "Pierce".
Regarding claim 5, the combination of Zhang, Shahid, and Abhyanker teaches all the limitations of claim 3 and does not teach but Park does teach teaches:
wherein the floating bubbles are different sizes to differentiate between an amount of posts, and wherein greater the amount of posts results in a bigger size of the floating bubble viewable on the first user computing device (displays larger bubbles when more information is being displayed, Fig. 2; see also Col. 6, l. 51 – Col. 7, l. 38 discussing Fig. 2).
Further, it would have been obvious before the effective filing date of the claimed invention, to combine the AR real estate interface of Zhang, Shahid and Abhyanker with the variable bubble size of Park because the use of a known technique to improve similar devices (methods, or products) in the same way is obvious, see MPEP 2143.I.C. That is, Zhang teaches displaying bubbles of information near houses. It would have been obvious to increase the size of the bubbles when more information is being displayed, as taught by Park, so that all the information being displayed is visible.
However the combination of Zhang, Shahid, Abhyanker and Park does not teach but Pierce does teach:
and the floating bubbles are different colors to differentiate between content types (varies visual indicator's color based on type of content, ¶[0030]; see also ¶[0073] noting disclosure is suitable for an augmented reality device).
Further, it would have been obvious before the effective filing date of the claimed invention, to combine the AR real estate interface of Zhang, Shahid, Abhyanker and Park with the varying colors of indicators based on content type as taught by Pierce because the use of a known technique to improve similar devices (methods, or products) in the same way is obvious, see MPEP 2143.I.C. That is, Zhang teaches displaying bubbles of information near houses. It would have been obvious to vary the bubbles by color based on content type, as taught by Pierce, to make the information being displayed in the UI clearer (i.e. by making it easier to recognize different content types).
Regarding claim 6, the combination of Zhang, Shahid, Abhyanker, Park and Pierce teaches all the limitations of claim 5 and Pierce further teaches:
wherein the floating bubbles are a first color for floating bubbles having only text content and the floating bubbles are second color for floating bubbles having text and other media content (varies visual indicator's color based on type of content, ¶[0030]; see also ¶[004] noting content includes text, video data, audio data; and ¶[0073] noting disclosure is suitable for an augmented reality device).
Further, it would have been obvious before the effective filing date of the claimed invention, to combine the AR real estate interface of Zhang, Shahid, Abhyanker and Park with the varying colors of indicators based on content type as taught by Pierce because the use of a known technique to improve similar devices (methods, or products) in the same way is obvious, see MPEP 2143.I.C. That is, Zhang teaches displaying bubbles of information near houses. It would have been obvious to vary the bubbles by color based on content type, as taught by Pierce, to make the information being displayed in the UI clearer (i.e. by making it easier to recognize different content types).
Regarding claim 7, the combination of Zhang, Shahid, Abhyanker, Park and Pierce teaches all the limitations of claim 6 and Zhang further teaches:
wherein the other media content comprises photos, graphics, videos, and audio (property listing data includes audio comments, photos, and videos, ¶[0024]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDAN S O'SHEA whose telephone number is (571)270-1064. The examiner can normally be reached Monday to Friday 10-6.
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/BRENDAN S O'SHEA/Examiner, Art Unit 3626