Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner Note
2. Joseph King is no longer continuing prosecution on application number 18/804,795. It has been transferred to Examiner Jessica Lemieux.
DETAILED ACTION
3. This Non-Final Office action is in response to the application filed on August 14th, 2024 and in response to Applicant’s Arguments/Remarks filed on January 23rd, 2026. Claims 1-20 are pending.
Priority
4. Application 18/804,795 was filed on August 14th, 2024 which has a provisional application 63/532,580 filed on August 14th, 2023.
Examiner Request
5. The Applicant is requested to indicate where in the specification there is support for amendments to claims should Applicant amend. The purpose of this is to reduce potential 35 U.S.C. §112(a) or §112 1st paragraph issues that can arise when claims are amended without support in the specification. The Examiner thanks the Applicant in advance.
Response to Arguments
6. Applicant argues that the claims integrate any alleged abstract idea into a practical application under Prong Two of Step 2A, specifically that the claims provide an improvement to the functioning of a computer by improving accuracy of cost estimates provided by a computer system and an improvement to inventory management for a repair job by improving the accuracy of inventory management. Applicant has pointed to Applicant’s specification, paragraphs [0015, 0016, and 0030] alleging that it reflects the disclosed improvements. Examiner respectfully disagrees. While paragraphs [0015, 0016, and 0030] describe obtaining more accurate repair cost estimates through consideration of individualized company data, inventory information, labor costs, overhead costs, and other business information, the alleged improvement is directed to the quality of the business result produced by the calculations rather than to an improvement in the functioning of a computer, network, database, or other technology. The claims do not recite an improved computer architecture, improved data structure, improved communication protocol or any other technological solution to a technological problem. Rather, the claims recite determining a retail labor rate, adjusting a labor overhead portion of the labor rate using company-specific information , and generating a repair cost estimate, which constitutes analysis and manipulation of business information to produce a more accurate economic estimate.
The fact that a computer may produce a more accurate repair estimate does not, by itself, demonstrate an improvement to computer functionality. Any improvement resides in the accuracy of the business calculation itself rather than in the operation of the computer used to perform the calculation. Likewise, the alleged improvement to inventory management arises from using more accurate business information when estimating repair costs and allocating inventory. The claims use inventory-related information as inputs to the claimed cost-estimation process. Consequently, the claims do not integrate the judicial exception into a practical application.
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.
7. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to 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 system and method which are one of the statutory categories of invention. (Step 1: YES).
Claims 1, 14, and 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites calculating a more precise cost estimate/quote for a proposed repair job, including for insurance purposes. (See, Spec. ¶¶ 003-004). Claims 1, 14, and 17 the limitations of (Claim 1 being representative) recites:
A method performed […] for deriving repair costs for a proposed repair job, the method comprising:
tracking inventory cost and status for one or more items used in repairs;
tracking equipment cost and status for one or more items used in repairs;
receiving a repair job;
determining materials costs for the repair job;
determining equipment costs for the repair job;
determining a number of worker hours needed for the repair job;
determining a retail labor rate related to the repair job, wherein the retail labor rate comprises worker wages, labor burden and labor overhead;
adjusting the labor overhead portion of the retail labor rate, wherein the labor overhead portion is adjusted based on one or more data sources containing individualized company data tracked […]; and
calculating a repair estimate for the repair job based at least in part on the material costs, the equipment costs, the worker hours, and the retail labor rate, wherein the retail labor rate is based on the adjusted labor overhead.
These limitations as drafted are processes that, under the broadest reasonable interpretation, covers certain methods of organizing human activity but for recitation of generic computer components. That is, other than reciting a computer for real time data tracking/processing (claims 1, 14, and 17), and processing circuitry and a memory (claim 14), the claimed invention amounts to commercial interactions that involve sales activities or behaviors for purchasing goods or services, namely calculating a price/cost for repair services for a proposed repair job based on a determination of various cost factors associated with inventory items, equipment, materials, associated labor hours/retail labor rate, etc. needed for the job, and based on an adjusted labor overhead rate used to determine the retail labor rate for the proposed repair job. If a claim limitation, under its broadest reasonable interpretation, covers commercial interactions but for the recitation of generic computer components (see MPEP 2106.04(a)(2)(II)), then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, claims 1, 14, and 17 recite an abstract idea. (Step 2A- Prong 1: YES. The claims recite an abstract idea).
This judicial exception is not integrated into a practical application. The additional elements that are recited are a computer for real time data processing (claims 1, 14, and 17), and processing circuitry and a memory (claim 14). These additional elements are not described by the applicant and are recited at a high-level of generality (i.e., generic computer components performing generic computer functions) such that they amounts no more than mere instructions to apply the exception using a generic computer components. The recited computer for real time data tracking merely identifies the source and timing of information used in the economic calculation. The claim does not recite any improvement in how the data is collected, stored, transmitted, or processed, but instead uses the data as input to determine an adjusted labor overhead amount and resulting repair estimate. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Claims 1, 14, and 17 are directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO: the additional claimed elements are not integrated into a practical application).
Claims 1, 14, and 17 do not include additional elements that are sufficient to amount to significantly more (also known as an “inventive concept”) than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements recited above to perform the noted steps amounts to no more than mere instructions to apply the exception using a generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”). Accordingly, even when considered separately and as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. Thus claims 1, 14, and 17 are not patent eligible. (Step 2B: NO. The claims do not provide significantly more).
The dependent claims simply further refine and limit the abstract idea recited by the independent claims, from which these claims respectively directly or indirectly depend, where the abstract idea is described above.
Claims 2-6, 8-13 and 15 simply further refine the abstract idea by requiring that various inventory and proposed repair service job cost factors such as labor hours, labor rate, material cost, equipment cost and other factors for determining the cost of the repair job. Claim 7 simply further refines the abstract idea by requiring that data for the various cost factors for the repair job estimate/quote is stored. Claims 16 and 18-20 simply further refine the abstract idea by requiring that a repair cost estimate amount is received from a third party, and that the labor overhead for the proposed repair job is then determined based at least on an adjustment to a received labor overhead amount.
The dependent claims recite the recite the additional elements of: at least one “remote server” for storing data, a “mobile phone” which may be executing a “mobile application”, a “local device” used for calculating various costs, a “third party estimate system” that provides cost estimate information, a “local area network”, a “specialized portable device” (See, Spec. ¶ 037, where there is no description of anything that makes the device “specialized.” It simply communicates data queries to/from one or more “remote server” and makes cost calculations using its computing ability based on the data received).These additional elements are again recited at a high-level of generality (i.e., generic computers performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer components. Even in combination, these additional elements do not integrate the abstract idea into a practical application and does not amount to significantly more than the abstract idea itself.
Thus, neither the independent claims nor the dependent claims, viewed individually and as a whole, including consideration of all the limitations of each claim viewed both individually and in combination, add any additional element or provide any subject matter that provides a technological improvement (i.e., an integration into a practical application) that results in the claims being directed to patent eligible subject matter, nor do the claims provide something significantly more than the recited abstract idea to which the claims are directed.
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.
8. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zalta et al. (US 2007/0276743) in view of Ekman (US 2014/0278809).
As per claim 1
Zalta discloses a method performed by an inventory tracking system for deriving repair costs for a proposed repair job, the method comprising (paragraphs [0015-0018, 0072, and 0120]):
tracking inventory cost and status for one or more items used in repairs (paragraph [0016]: respective electronic inventory information from the database and paragraphs [0088-0090]: For each inventory supply, the present invention preferably enables a user to submit information related to the name, purchase price, number of units, unit type and preferred percentage price markup for a piece of inventory. As described above with regard to equipment, a user can select subinventory item control 608 in order to define sub-inventory items. In a preferred embodiment, when control 608 is selected, any previously submitted inventory items are displayed and selectable, for example, in a list, and the user selects one more items. This effectively assigns a bundle of inventory that can be assigned to any service. The price for a piece of inventory that is submitted by a user preferably represents the actual cost of the inventory. The mark-up value represents a percentage increase over the purchase price of the inventory as desired by the user for profit. In accordance with a preferred embodiment, any good or service provided for resale is considered inventory… In inventory details section 606, the user submits a name for the new inventory item and selects an appropriate unit type (e.g., a pill, fluid or an item). Moreover, the user submits values representing the purchase price of the inventory, the number of units and a preferred markup percentage. Thereafter, the present invention preferably calculates a total cost automatically. When the user is satisfied with the entries, he selects Save/New button control in section 308.);
tracking equipment cost and status for one or more items used in repairs (paragraph [0076]: For each piece of equipment, the present invention preferably enables a user to submit information related to the equipment's purchase price, life and usage such that replacement costs and costs associated with the equipment's operation can be determined. In the example shown in FIG. 5B, equipment usage represents an estimate that is based upon a 2-3 doctor practice generating an annual revenue of approximately $750,000. Of course, one skilled in the art will recognize that this amount can be adjusted to represent equipment usage in other contexts, paragraph [0077] Continuing with reference to FIGS. 5A and 5B, values entered by a user in equipment details section 506, such as purchase price, life of equipment, or the like, are used to determine a value automatically that represents a total service cost as derived per unit of operation. The total service cost variable is preferably referenced as a component of the fee for each procedure in which a respective piece of equipment is used. Moreover, a user can select control 508 to enter a return on equipment profit percent/dollar value on equipment and/or supplies/maintenance, also to be used in the calculation of the total service cost in connection with the respective equipment. Therefore, the total service cost variable represents the replacement cost per use of the equipment plus the cost of operating the equipment per use, plus any profit percent/dollar value identified by the user to make a return on the equipment and/or supplies/maintenance, and paragraphs [0078-0086]);
receiving a repair job (paragraph [0016]: Further, a service module operable to receive from the user and to store in the database electronic service information representing the service, wherein the user selects respective electronic employee information, respective electronic equipment information, and respective electronic inventory information from the database in order to define labor, equipment and inventory used for the service);
determining materials costs for the repair job (paragraph [0089] The price for a piece of inventory that is submitted by a user preferably represents the actual cost of the inventory. The mark-up value represents a percentage increase over the purchase price of the inventory as desired by the user for profit. In accordance with a preferred embodiment, any good or service provided for resale is considered inventory.);
determining equipment costs for the repair job (paragraph [0083] After the user has finished entering information for a new piece of equipment, the user can modify the data, such as illustrated in FIG. 5B. In the example shown in FIG. 5B, the user has selected a microscope for the equipment, with a purchase price of $1,783 and a six year life span. The microscope is estimated to be used 1,065 times per year and, further, includes an annual cost of $100 in maintenance due to cleaning, and an annual cost of $56 in operating supplies (resulting from lens paper and oil and stains). Accordingly, the cost of operation per use has been calculated by the present invention to be 15 and the replacement cost per use is calculated to be 28 . Thus, by factoring in a combined fee of 43 (15 +28 ) per use, the present invention ensures a return on investment related to a cost for operation, and factoring in a cost for replacement.);
determining a number of worker hours needed for the repair job; determining a retail labor rate related to the repair job, wherein the retail labor rate comprises worker wages, labor burden and labor overhead; adjusting the labor overhead portion of the retail labor rate, wherein the labor overhead portion is adjusted (paragraphs [0010] In addition to equipment, costs associated with employees and staff are also, typically, not factored adequately into a calculation of fees for services in the prior art. For example, variables such as wages paid, benefits (e.g., health insurance costs, license costs, dues, profit sharing, or the like), taxes paid by an employer and paid time off (e.g., holidays, vacation and sick leave) are not adequately assessed to calculate fees associated with providing professional services. A calculation should be made for each paid person that represents the sum of the person's gross wages, benefits and taxes paid. That sum should be divided by the number of minutes paid annually to the paid person in order to calculate a value referred to herein, generally, as a salary-per-minute value, [0013] In an effort to determine fees for services that are fair and also accurately represent costs associated with labor to provide professional services, an equation is used to calculate a value, referred to herein, generally, as a "labor rate." For a given service, the labor rate is calculated by multiplying the salary-per-minute value by the soft cost factor, and dividing that product by a percentage (referred to herein, generally, as a "labor percent"), for example, 20%, which sets the labor rate and achieves a desired profit margin. That quotient is preferably multiplied by the estimated or averaged task time (calculated in minutes) to calculate a fair and equitable labor fee for a given service. The labor rate enables the service provider to estimate accurately the costs associated with providing labor for services, and to charge a fair and reasonable fee therefor. Expressed mathematically, a service fee=((salary per minute*soft cost factor)/labor percentage)*task time (in minutes), and [0093] In accordance with a preferred embodiment, the user can select a control, for example, "global overhead" button 715, that enables the user to assign a value that is calculated to add to the total fee for any given service. For example, the value entered, once global overhead button 715 is selected, may be a percentage that is multiplied by total fee for a service, and then added to the total fee to calculate a new total fee. Alternatively, the value entered, once global overhead button 715 is selected, may be a dollar amount that is preferably added to the total service fee. In any case, via the graphical screen controls provided by the present invention, a user can increase (or alternatively, decrease) the total fee for a service by assigning a global overhead value.).
calculating a repair estimate for the proposed repair job based at least in part on the material costs, the equipment costs, the worker hours, and the retail labor rate, wherein the retail labor rate is based on the adjusted labor overhead (paragraphs [0016]Further, a service module operable to receive from the user and to store in the database electronic service information representing the service, wherein the user selects respective electronic employee information, respective electronic equipment information, and respective electronic inventory information from the database in order to define labor, equipment and inventory used for the service. The service module further calculates the fee for the service as a function of the defined labor, equipment, inventory and soft cost factor, [0017] Another feature of the invention includes a labor percent module that is operable to receive from the user a labor percentage value representing a total amount charged for a given service. The labor percentage is attributed to labor, and the service module further calculates the fee as a function of the labor percentage value and [0018] Yet another feature of the invention is an overhead module that is operable to receive from the user an overhead percentage representing a percentage to increase the fee. The service module further calculates the fee as a function of the overhead percentage, and paragraphs [0117-0120]).
Zalta does not specifically teach labor overhead based on one or more data sources containing individualized company data tracked by a computer in real time.
However in analogous art, Ekman teaches adjusting repair estimate values based on one or more data sources containing individualized company data tracked by a computer in real time (paragraphs [0004]: In one or more embodiments, this data is based on data collected from repair estimates that have been done by actual roofing contractors who have actually performed repairs; data from third-party data sets such; data from material suppliers from companies like Home Depot, Lowes, and others; data from specialty providers of selected products; and materials description information from manufacturers. Some of this data is regularly published, and some is collected in real time. The data might also be associated with a unique geographic area to provide accurate costing information for repairs in that area, [0022] The integrated costing database 120 tracks the current and historical materials pricing data for each product in each geographic area, and [0028] There is a significant advantage of using actual material and price cost data from contractors who have actually purchased materials and labor, and have actually completed repairs on a property within a geographic area. This cost data represents the closest approximation to a "spot" price for materials and labor in that geographic area, and also provides additional related data such as contractor markup, permit fee amounts, and other expenses actually incurred by the contractor. An advantage of incorporating purchasers' data 130 as user data into the integrated costing database 120 is that the more frequently contractors enter their material and labor cost into this data feed, the more accurate contractor repair estimates will become for a geographic area. In addition, the greater the numbers that other contractors enter data into this data feed, the more reliable it will be.).
Therefore it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Zalta’s fee/repair-estimate calculation system to use Ekman’s real-time contractor/company cost data because Zalta already calculates service fees from labor, equipment, inventory, and overhead, and Ekman teaches that using current real-time material, labor, overhead, marker, and contractor-entered data improves repair estimate accuracy (paragraph [0015]).
As per claim 14
Zalta discloses a system for tracking inventory and material costs and providing repair estimates comprising (paragraphs [0015-0018, 0072, and 0120]):
processing circuitry; and a memory, the memory containing instructions executable by the processing circuitry whereby the system is operative to (paragraph [0060]:
track inventory cost and status for one or more items used in repairs (paragraph [0016]: respective electronic inventory information from the database and paragraphs [0088-0090]: For each inventory supply, the present invention preferably enables a user to submit information related to the name, purchase price, number of units, unit type and preferred percentage price markup for a piece of inventory. As described above with regard to equipment, a user can select subinventory item control 608 in order to define sub-inventory items. In a preferred embodiment, when control 608 is selected, any previously submitted inventory items are displayed and selectable, for example, in a list, and the user selects one more items. This effectively assigns a bundle of inventory that can be assigned to any service. The price for a piece of inventory that is submitted by a user preferably represents the actual cost of the inventory. The mark-up value represents a percentage increase over the purchase price of the inventory as desired by the user for profit. In accordance with a preferred embodiment, any good or service provided for resale is considered inventory… In inventory details section 606, the user submits a name for the new inventory item and selects an appropriate unit type (e.g., a pill, fluid or an item). Moreover, the user submits values representing the purchase price of the inventory, the number of units and a preferred markup percentage. Thereafter, the present invention preferably calculates a total cost automatically. When the user is satisfied with the entries, he selects Save/New button control in section 308.);
track equipment cost and status for one or more items used in repairs (paragraph [0076]: For each piece of equipment, the present invention preferably enables a user to submit information related to the equipment's purchase price, life and usage such that replacement costs and costs associated with the equipment's operation can be determined. In the example shown in FIG. 5B, equipment usage represents an estimate that is based upon a 2-3 doctor practice generating an annual revenue of approximately $750,000. Of course, one skilled in the art will recognize that this amount can be adjusted to represent equipment usage in other contexts, paragraph [0077] Continuing with reference to FIGS. 5A and 5B, values entered by a user in equipment details section 506, such as purchase price, life of equipment, or the like, are used to determine a value automatically that represents a total service cost as derived per unit of operation. The total service cost variable is preferably referenced as a component of the fee for each procedure in which a respective piece of equipment is used. Moreover, a user can select control 508 to enter a return on equipment profit percent/dollar value on equipment and/or supplies/maintenance, also to be used in the calculation of the total service cost in connection with the respective equipment. Therefore, the total service cost variable represents the replacement cost per use of the equipment plus the cost of operating the equipment per use, plus any profit percent/dollar value identified by the user to make a return on the equipment and/or supplies/maintenance, and paragraphs [0078-0086]);
receive a repair job (paragraph [0016]: Further, a service module operable to receive from the user and to store in the database electronic service information representing the service, wherein the user selects respective electronic employee information, respective electronic equipment information, and respective electronic inventory information from the database in order to define labor, equipment and inventory used for the service);
determine materials costs for the repair job (paragraph [0089] The price for a piece of inventory that is submitted by a user preferably represents the actual cost of the inventory. The mark-up value represents a percentage increase over the purchase price of the inventory as desired by the user for profit. In accordance with a preferred embodiment, any good or service provided for resale is considered inventory.);
determine equipment costs for the repair job (paragraph [0083] After the user has finished entering information for a new piece of equipment, the user can modify the data, such as illustrated in FIG. 5B. In the example shown in FIG. 5B, the user has selected a microscope for the equipment, with a purchase price of $1,783 and a six year life span. The microscope is estimated to be used 1,065 times per year and, further, includes an annual cost of $100 in maintenance due to cleaning, and an annual cost of $56 in operating supplies (resulting from lens paper and oil and stains). Accordingly, the cost of operation per use has been calculated by the present invention to be 15 and the replacement cost per use is calculated to be 28 . Thus, by factoring in a combined fee of 43 (15 +28 ) per use, the present invention ensures a return on investment related to a cost for operation, and factoring in a cost for replacement.);
determine a number of worker hours needed for the repair job; determining a retail labor rate related to the repair job, wherein the retail labor rate comprises worker wages, labor burden and labor overhead; adjusting the labor overhead portion of the retail labor rate, wherein the labor overhead portion is adjusted (paragraphs [0010] In addition to equipment, costs associated with employees and staff are also, typically, not factored adequately into a calculation of fees for services in the prior art. For example, variables such as wages paid, benefits (e.g., health insurance costs, license costs, dues, profit sharing, or the like), taxes paid by an employer and paid time off (e.g., holidays, vacation and sick leave) are not adequately assessed to calculate fees associated with providing professional services. A calculation should be made for each paid person that represents the sum of the person's gross wages, benefits and taxes paid. That sum should be divided by the number of minutes paid annually to the paid person in order to calculate a value referred to herein, generally, as a salary-per-minute value, [0013] In an effort to determine fees for services that are fair and also accurately represent costs associated with labor to provide professional services, an equation is used to calculate a value, referred to herein, generally, as a "labor rate." For a given service, the labor rate is calculated by multiplying the salary-per-minute value by the soft cost factor, and dividing that product by a percentage (referred to herein, generally, as a "labor percent"), for example, 20%, which sets the labor rate and achieves a desired profit margin. That quotient is preferably multiplied by the estimated or averaged task time (calculated in minutes) to calculate a fair and equitable labor fee for a given service. The labor rate enables the service provider to estimate accurately the costs associated with providing labor for services, and to charge a fair and reasonable fee therefor. Expressed mathematically, a service fee=((salary per minute*soft cost factor)/labor percentage)*task time (in minutes), and [0093] In accordance with a preferred embodiment, the user can select a control, for example, "global overhead" button 715, that enables the user to assign a value that is calculated to add to the total fee for any given service. For example, the value entered, once global overhead button 715 is selected, may be a percentage that is multiplied by total fee for a service, and then added to the total fee to calculate a new total fee. Alternatively, the value entered, once global overhead button 715 is selected, may be a dollar amount that is preferably added to the total service fee. In any case, via the graphical screen controls provided by the present invention, a user can increase (or alternatively, decrease) the total fee for a service by assigning a global overhead value.).
calculate a repair estimate for the proposed repair job based at least in part on the material costs, the equipment costs, the worker hours, and the retail labor rate, wherein the retail labor rate is based on the adjusted labor overhead (paragraphs [0016]Further, a service module operable to receive from the user and to store in the database electronic service information representing the service, wherein the user selects respective electronic employee information, respective electronic equipment information, and respective electronic inventory information from the database in order to define labor, equipment and inventory used for the service. The service module further calculates the fee for the service as a function of the defined labor, equipment, inventory and soft cost factor, [0017] Another feature of the invention includes a labor percent module that is operable to receive from the user a labor percentage value representing a total amount charged for a given service. The labor percentage is attributed to labor, and the service module further calculates the fee as a function of the labor percentage value and [0018] Yet another feature of the invention is an overhead module that is operable to receive from the user an overhead percentage representing a percentage to increase the fee. The service module further calculates the fee as a function of the overhead percentage, and paragraphs [0117-0120]).
Zalta does not specifically teach labor overhead based on one or more data sources containing individualized company data tracked by a computer in real time.
However in analogous art, Ekman teaches adjusting repair estimate values based on one or more data sources containing individualized company data tracked by a computer in real time (paragraphs [0004]: In one or more embodiments, this data is based on data collected from repair estimates that have been done by actual roofing contractors who have actually performed repairs; data from third-party data sets such; data from material suppliers from companies like Home Depot, Lowes, and others; data from specialty providers of selected products; and materials description information from manufacturers. Some of this data is regularly published, and some is collected in real time. The data might also be associated with a unique geographic area to provide accurate costing information for repairs in that area, [0022] The integrated costing database 120 tracks the current and historical materials pricing data for each product in each geographic area, and [0028] There is a significant advantage of using actual material and price cost data from contractors who have actually purchased materials and labor, and have actually completed repairs on a property within a geographic area. This cost data represents the closest approximation to a "spot" price for materials and labor in that geographic area, and also provides additional related data such as contractor markup, permit fee amounts, and other expenses actually incurred by the contractor. An advantage of incorporating purchasers' data 130 as user data into the integrated costing database 120 is that the more frequently contractors enter their material and labor cost into this data feed, the more accurate contractor repair estimates will become for a geographic area. In addition, the greater the numbers that other contractors enter data into this data feed, the more reliable it will be.).
Therefore it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Zalta’s fee/repair-estimate calculation system to use Ekman’s real-time contractor/company cost data because Zalta already calculates service fees from labor, equipment, inventory, and overhead, and Ekman teaches that using current real-time material, labor, overhead, marker, and contractor-entered data improves repair estimate accuracy (paragraph [0015]).
As per claim 2
Zalta teaches wherein the material costs, equipment costs, the worker hours, and the retail labor rate for the repair job are determined from data stored remotely on storage servers (Claim 1 and paragraph [0053]: In an alternative embodiment, workstation 104 operates standard web browsing software and communicates with information processor 102. In this alternative embodiment, the features described herein are provided to a user operating workstation 104 via information processor 102 during an active communication session over the internet or other communication network.).
As per claim 3
Zalta teaches wherein the calculation of the repair estimate occurs locally on a device employed by a user to determine the repair costs (paragraph [0053] In a preferred embodiment, a workstation 104 is configured with a software application, which operates as stand-alone executable software, as known in the art. In this way, workstation 104 implements many of the features described herein without a need to maintain a communication session on network 106. Thus, workstation 104 can be "off-line" when the application software is installed thereon.).
As per claim 4
Zalta teaches wherein a remote server calculates the repair estimate using values for the material costs, the equipment costs, the worker hours, and the retail labor rate stored on the remote server (Claim 1 and paragraphs [0053 and 0061]: In an alternative embodiment, workstation 104 operates standard web browsing software and communicates with information processor 102. In this alternative embodiment, the features described herein are provided to a user operating workstation 104 via information processor 102 during an active communication session over the internet or other communication network... Information processor 102 preferably includes a memory equipped with sufficient storage to provide the necessary databases, forums, and other community services as well as acting as a web server).
As per claim 5
Zalta teaches wherein the material costs, equipment costs, the worker hours, and the retail labor rate for the repair job are determined by manual input by a user (paragraphs [0068-0074, 0076-0094]).
As per claim 6
Zalta teaches wherein a computer calculates the repair estimate as part of a process of a computer application (Claim 1 and paragraph [0092]: The present invention preferably uses the respective entries provided in sections 706-714 to calculate a proposed and fair fee value for the service.).
As per claim 7
Zalta teaches wherein the material costs, the equipment costs, the worker hours, and the retail labor rate are stored in memory of servers located on the same local area network as the computer calculating the repair estimate (paragraphs [0052-0053]).
As per claim 8
Zalta teaches wherein the computer calculating the repair estimate queries the servers for values of material costs, the equipment costs, the worker hours, and the retail labor rate when a user requests a repair cost estimate (paragraphs [0052-0061]).
As per claim 9
Zalta teaches wherein a mobile phone calculates the repair estimate by running a mobile application (paragraphs [0053-0054]).
As per claim 10
Zalta teaches wherein the mobile phone determines values of the material costs, the equipment costs, the worker hours, and the retail labor rate by querying remote servers containing that information (paragraphs [0052-0061]).
As per claim 11
Zalta teaches wherein the material costs, the equipment costs, the worker hours, and the retail labor rate are determined by values input by a user (paragraphs [0068-0074, 0076-0094]).
As per claim 12
Zalta teaches wherein a specialized portable device calculates the repair estimate (paragraphs [0053-0054]). (See, Spec. ¶ 037, where there is no description of anything that makes the device “specialized.” It simply communicates data queries to/from one or more “remote server” and makes cost calculations using its computing ability based on the data received).
As per claim 13
Zalta teaches wherein the specialized portable device determines values of the material costs, the equipment costs, the worker hours, and the retail labor rate by querying remote servers containing that information (paragraphs [0052-0061]). (See, Spec. ¶ 037, where there is no description of anything that makes the device “specialized.” It simply communicates data queries to/from one or more “remote server” and makes cost calculations using its computing ability based on the data received).
As per claim 15
Zalta teaches wherein the material costs, the equipment costs, the worker hours, and the retail labor rate are determined by querying a remote server which stores and maintains those values (paragraphs [0052-0061]).
As per claim 16
Zalta teaches adjusting the […] repair cost estimate by adjusting the labor overhead portion of the retail labor rate (paragraph [0093] In accordance with a preferred embodiment, the user can select a control, for example, "global overhead" button 715, that enables the user to assign a value that is calculated to add to the total fee for any given service. For example, the value entered, once global overhead button 715 is selected, may be a percentage that is multiplied by total fee for a service, and then added to the total fee to calculate a new total fee. Alternatively, the value entered, once global overhead button 715 is selected, may be a dollar amount that is preferably added to the total service fee. In any case, via the graphical screen controls provided by the present invention, a user can increase (or alternatively, decrease) the total fee for a service by assigning a global overhead value.).
Zalta does not specifically teach adjusting the received repair cost estimate and receiving a repair cost estimate from a third party estimate system related to a repair job
However in analogous art, Ekman teaches adjusting the received repair cost estimate and receiving a repair cost estimate from a third party estimate system related to a repair job (paragraphs [0024: One source of data of construction and material costs comes from third party data sets 126. These are industry-wide data providers that publish material and labor costs on a regular schedule, such as 4 times year, that covers certain for geographic areas. This published data represents cost figures that were as accurate as possible at time they were published, however may be anywhere from a few days to several weeks out of date. Although this data may provide a useful baseline for producing a cost estimate and [0035]: In a preferred embodiment, a weighting 124 is applied to one or more of the data sources to determine an expected final cost estimate amount for a material item cost stored in the integrated costing database 120. The purpose of the weighting is to create a more accurate material and labor estimates for a geographic area by making adjustments of the data sources depending on data characteristics, for example how current the data from the data feed is and recent changes and trends in that same type or related types of data.).
Therefore it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Zalta’s fee/repair-estimate calculation system to use Ekman’s real-time contractor/company cost data because Zalta already calculates service fees from labor, equipment, inventory, and overhead, and Ekman teaches that using current real-time material, labor, overhead, marker, and contractor-entered data improves repair estimate accuracy (paragraph [0015]).
As per claim 17
Zalta teaches a method performed by an inventory tracking system for deriving repair costs for a proposed repair job, the method comprising (paragraphs [0015-0018, 0072, and 0120]):
adjusting the […] repair cost estimate by adjusting a labor overhead portion of a retail labor rate, (paragraph [0093] In accordance with a preferred embodiment, the user can select a control, for example, "global overhead" button 715, that enables the user to assign a value that is calculated to add to the total fee for any given service. For example, the value entered, once global overhead button 715 is selected, may be a percentage that is multiplied by total fee for a service, and then added to the total fee to calculate a new total fee. Alternatively, the value entered, once global overhead button 715 is selected, may be a dollar amount that is preferably added to the total service fee. In any case, via the graphical screen controls provided by the present invention, a user can increase (or alternatively, decrease) the total fee for a service by assigning a global overhead value.).
Zalta does not specifically teach adjusting a received repair cost estimate, receiving a repair cost estimate from a third party estimate system related to a repair job and determining the labor overhead based on one or more data sources containing individualized company data tracked by a computer in real time.
However in analogous art, Ekman teaches adjusting the received repair cost estimate and receiving a repair cost estimate from a third party estimate system related to a repair job (paragraphs [0024]: One source of data of construction and material costs comes from third party data sets 126. These are industry-wide data providers that publish material and labor costs on a regular schedule, such as 4 times year, that covers certain for geographic areas. This published data represents cost figures that were as accurate as possible at time they were published, however may be anywhere from a few days to several weeks out of date. Although this data may provide a useful baseline for producing a cost estimate and [0035]: In a preferred embodiment, a weighting 124 is applied to one or more of the data sources to determine an expected final cost estimate amount for a material item cost stored in the integrated costing database 120. The purpose of the weighting is to create a more accurate material and labor estimates for a geographic area by making adjustments of the data sources depending on data characteristics, for example how current the data from the data feed is and recent changes and trends in that same type or related types of data.).
Ekman further teaches adjusting repair estimate values based on one or more data sources containing individualized company data tracked by a computer in real time (paragraphs [0004]: In one or more embodiments, this data is based on data collected from repair estimates that have been done by actual roofing contractors who have actually performed repairs; data from third-party data sets such; data from material suppliers from companies like Home Depot, Lowes, and others; data from specialty providers of selected products; and materials description information from manufacturers. Some of this data is regularly published, and some is collected in real time. The data might also be associated with a unique geographic area to provide accurate costing information for repairs in that area, [0022]: The integrated costing database 120 tracks the current and historical materials pricing data for each product in each geographic area, and [0028]: There is a significant advantage of using actual material and price cost data from contractors who have actually purchased materials and labor, and have actually completed repairs on a property within a geographic area. This cost data represents the closest approximation to a "spot" price for materials and labor in that geographic area, and also provides additional related data such as contractor markup, permit fee amounts, and other expenses actually incurred by the contractor. An advantage of incorporating purchasers' data 130 as user data into the integrated costing database 120 is that the more frequently contractors enter their material and labor cost into this data feed, the more accurate contractor repair estimates will become for a geographic area. In addition, the greater the numbers that other contractors enter data into this data feed, the more reliable it will be.).
Therefore it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Zalta’s fee/repair-estimate calculation system to use Ekman’s real-time contractor/company cost data because Zalta already calculates service fees from labor, equipment, inventory, and overhead, and Ekman teaches that using current real-time material, labor, overhead, marker, and contractor-entered data improves repair estimate accuracy (paragraph [0015]).
As per claim 18
Zalta teaches wherein values for adjusting the labor overhead portion of the retail labor rate are stored on a remote server (paragraphs [0052-0061] and [0068-0074, 0076-0094]).
As per claim 19
Zalta teaches wherein the labor overhead adjustment occurs on the remote server (paragraphs [0052-0061] and [0068-0074, 0076-0094]).
As per claim 20
Zalta teaches wherein the labor overhead adjustment occurs on a device employed by a user, with the values used in calculating the labor overhead adjustment supplied by a remote server (paragraphs [0052-0061] and [0068-0074, 0076-0094]).
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jerome et al. (US Patent Publication 2012/0265648 A1) discloses a system and various methods for determining and calculating various amounts for various factors associated with inventory items for estimated repairs.
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/JESSICA LEMIEUX/ Supervisory Patent Examiner, Art Unit 3626
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