Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is in reply to the communications filed on September 24, 2024. The applicant’s claim for benefit of provisional application 63599840, filed November 16, 2023, has been received and acknowledged.
Claims 1-21 are currently pending and have been examined.
Examiner’s Note: The Examiner notes that claims 1-21, as currently recited, do not recite any of the judicial exceptions enumerated in the MPEP and thus are patent eligible under 35 USC 101. In the event the claims are amended, they will be subject to further examination.
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 1-21 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.
Claims 1-21: Claim 1 recites “the property” in various locations For purposes of examination, the Examiner is interpreting “the property” as “the real estate property.”
Further, claim 1 recites “by displaying at least some of the images.” It is unclear if these are intended to be the same “at least some of the images” that were previously recited in the transmitting step or if these are intended to be a different set of images. For purposes of examination, the Examiner is interpreting them as being the same images as those recited in the transmitting steps.
Claims 2-10 inherit the deficiencies of claim 1.
Claims 11-21 are rejected for similar reasons.
Claims 2, 12, and 17-19: Claim 2 recites “the location corresponding to the displayed image.” There is insufficient antecedent basis for this location.
Claim 12 is rejected for similar reasons.
Claims 17-19 inherit the deficiencies of claim 12.
Claim 6: Claim 6 recites “at least some of the images.” It is unclear if these are intended to be the same “at least some of the images” that were previously recited in the transmitting step of claim 1 or if these are intended to be a different set of images. For purposes of examination, the Examiner is interpreting them as being the same images as those recited in the transmitting steps.
Claims 17-19: Claim 17 recites “the series of prompts” and “the interactive user interface”. There is insufficient antecedent basis for these terms. The “series of prompts” and the “interactive user interface” were introduced in claim 16. However, claim 17 is dependent on claim 12.
Claims 18-19 are rejected for similar reasons.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-11, 13-16, and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0327642 A1 to Kabir et al. (hereinafter “Kabir”).
Claim 1: Kabir discloses a “system and method for generating and providing personalized virtual property tours” as an “interactive open house experience.” (See Kabir, at least Abstract). Kabir further discloses that the system “enables a user to view an open house virtually through a display of a floor plan, photos of rooms, videos of rooms, three-dimensional tours of rooms and/or a virtual interactive engagement with rooms.” (See Kabir, at least Abstract). Kabir further discloses:
assembling, at a virtual tour server, a plurality of images wherein each image corresponds to a location in the property (See Kabir, at least para. [0056], tour creation server receives indication to create a new virtual property tour including receiving at least one floor layout, text, and/or images/video related to a property; tour creation server than identifies and/or classifies property features in each image and classifies each room; para. [0057], rooms are classified using the characteristics within the room and are classified such as Living Room, Dining Room, Kitchen, Living Room, Den, Family Room, Office, Bedroom, Master Bedroom, etc.);
transmitting at least some of the images to a user device (See Kabir, at least para. [0074], tour hosting server transmits personalized version of the property tour to an application in the user device); and
presenting, at the user device, a virtual tour of the property by displaying at least some of the images of the real estate property (See Kabir, at least para. [0073], tour hosting server determines an image or tour sequence based on the preference matching; para. [0076], application on user device displays images, text, video, etc. of a virtual property tour and may select the content based on a defined sequence), wherein the virtual tour is presented by a virtual tour guide (See Kabir, at least para. [0065], tour creation server creates an automated guided tour; paras. [0061]-[0064], tour creation server adds a virtual host or graphical animation that may include a three-dimensional rendering of an agent, a picture of the agent, or an avatar; the virtual host may be configured to announce audio information regarding each room or feature), and wherein the virtual tour guide includes an audio guide component that includes, when one or more of the images are displayed, a narration corresponding to the displayed images (See Kabir, at least paras. [0061]-[0064], tour creation server adds a virtual host or graphical animation that may include a three-dimensional rendering of an agent, a picture of the agent, or an avatar; the virtual host may be configured to announce audio information regarding each room or feature; para. [0078], application includes audio presentation engine for providing audio of the property tour; may play separate or integrated audio file for each room, each property feature, or provide a continuous tour).
Claim 3: Kabir further discloses wherein the virtual tour guide is additionally presented with a video guide component (See Kabir, at least para. [0065], tour creation server creates an automated guided tour; paras. [0061]-[0064], tour creation server adds a virtual host or graphical animation that may include a three-dimensional rendering of an agent, a picture of the agent, or an avatar).
Claim 4: Kabir further discloses wherein the virtual tour guide is additionally presented with a video guide component, and wherein the video guide component includes an avatar of a person (See Kabir, at least para. [0065], tour creation server creates an automated guided tour; paras. [0061]-[0064], tour creation server adds a virtual host or graphical animation that may include a three-dimensional rendering of an agent, a picture of the agent, or an avatar).
Claim 5: Kabir further discloses wherein the virtual tour guide is additionally presented with a video guide component, and wherein the video guide component includes a digitally created image of a person (See Kabir, at least para. [0065], tour creation server creates an automated guided tour; paras. [0061]-[0064], tour creation server adds a virtual host or graphical animation that may include a three-dimensional rendering of an agent, a picture of the agent, or an avatar).
Claim 6: Kabir further discloses wherein at least some of the images are displayed in an order corresponding to buyer preference information corresponding to the potential buyer (See Kabir, at least para. para. [0072], tour hosting server identifies positive and negative preferences in the user profile and matches them to description information in the property in the virtual property tour; para. [0073], tour hosting server determines an image or tour sequence based on the preference matching; para. [0076], application on user device displays images, text, video, etc. of a virtual property tour and may select the content based on a defined sequence).
Claim 7: Kabir further discloses wherein at least some of the buyer preference information is determined based on inputs provided by the potential buyer during the virtual tour (See Kabir, at least para. [0080], application contains user preference engine that is configured to obtain user preferences before, during, and/or after a property tour).
Claim 8: Kabir further discloses wherein at least some of the buyer preference information is determined prior to the presentation of the virtual tour based on demographic information about the potential buyer (See Kabir, at least para. [0080], application contains user preference engine that is configured to obtain user preferences before, during, and/or after a property tour; user preference engine may prompt a user for demographic information).
Claim 9: Kabir further discloses wherein at least some of the buyer preference information is determined prior to the presentation of the virtual tour based on the potential buyer's interactions with at least one previous virtual tour of a different real estate property (See Kabir, at least para. [0048], feedback from tour feedback server is used to update the user profile; tour feedback server aggregates property features that are favorable and unfavorable for a user and stores this to the user profile; tour feedback server builds a user profile that reflects what features in a property interest a user using feedback received in real time while the user is touring properties; updating the user profile enables the tour hosting server to pater personalize virtual property tours for subsequent properties toured or viewed by the user).
Claim 10: Kabir further discloses wherein at least some of the buyer preference information is determined based on responses provided by the potential buyer in response to prompts from the virtual tour guide during the virtual tour (See Kabir, at least para. [0008], during the virtual property tour, prompts are provided that enable a user to easily leave feedback for a property generally, specific rooms, and/or individual photos or videos; prompts may include like/dislike icons and/or text boxes that enable a user to enter comments; para. [0080], application contains user preference engine that is configured to obtain user preferences before, during, and/or after a property tour).
Claim 11: Kabir discloses:
collecting, at a virtual tour server, buyer preference information corresponding to a potential buyer of the real estate property (See Kabir, at least para. [0070], tour hosting server receives selection of a virtual property tour from an application on a user device and also receives a user profile associated with the application that transmitted the message; para. [0072], tour hosting server identifies positive and negative preferences in the user profile and matches them to description information in the property in the virtual property tour); and ;
assembling, at a virtual tour server, a plurality of images wherein each image corresponds to a location in the property (See Kabir, at least para. [0056], tour creation server receives indication to create a new virtual property tour including receiving at least one floor layout, text, and/or images/video related to a property; tour creation server than identifies and/or classifies property features in each image and classifies each room; para. [0057], rooms are classified using the characteristics within the room and are classified such as Living Room, Dining Room, Kitchen, Living Room, Den, Family Room, Office, Bedroom, Master Bedroom, etc.);
transmitting at least some of the images to a user device (See Kabir, at least para. [0074], tour hosting server transmits personalized version of the property tour to an application in the user device); and
presenting, at the user device, a virtual tour of the property by displaying at least some of the images in an order based on the buyer preference information (See Kabir, at least para. [0073], tour hosting server determines an image or tour sequence based on the preference matching; para. [0076], application on user device displays images, text, video, etc. of a virtual property tour and may select the content based on a defined sequence).
Claim 13: Kabir further discloses wherein the virtual tour is presented at the user device by a virtual real estate agent, wherein the virtual real estate agent includes an audio guide component (See Kabir, at least para. [0065], tour creation server creates an automated guided tour; paras. [0061]-[0064], tour creation server adds a virtual host or graphical animation that may include a three-dimensional rendering of an agent, a picture of the agent, or an avatar; the virtual host may be configured to announce audio information regarding each room or feature; para. [0078], application includes audio presentation engine for providing audio of the property tour; may play separate or integrated audio file for each room, each property feature, or provide a continuous tour).
Claim 14: Kabir further discloses wherein the virtual tour is presented at the user device by a virtual real estate agent, wherein the virtual real estate agent includes an audio guide component and a video guide component (See Kabir, at least paras. [0061]-[0064], tour creation server adds a virtual host or graphical animation that may include a three-dimensional rendering of an agent, a picture of the agent, or an avatar; the virtual host may be configured to announce audio information regarding each room or feature; para. [0078], application includes audio presentation engine for providing audio of the property tour; may play separate or integrated audio file for each room, each property feature, or provide a continuous tour).
Claim 15: Kabir further discloses wherein the order of the images presented during the virtual tour is modified based on the buyer preference information collected during the presentation of the virtual tour (See Kabir, at least para. [0092], viewing time that each user viewed a room is recorded to show a seller which rooms are drawing the most and least interest; server may update an order of images of rooms and/or descriptions to focus on rooms/features that correspond to greater viewing times).
Claim 16: Kabir further discloses wherein at least some of the buyer preference information is collected during the virtual tour by presenting an interactive user interface including a series of prompts and by receiving a series of corresponding answers, wherein the buyer preference information is extracted from the answers (See Kabir, at least para. [0065], tour creation server creates an automated guided tour; para. [0008], during the virtual property tour, prompts are provided that enable a user to easily leave feedback for a property generally, specific rooms, and/or individual photos or videos; prompts may include like/dislike icons and/or text boxes that enable a user to enter comments; para. [0080], application contains user preference engine that is configured to obtain user preferences before, during, and/or after a property tour).
Claim 20: Kabir further discloses wherein at least some of the buyer preference information is determined prior to the presentation of the virtual tour based on demographic information about the potential buyer (See Kabir, at least para. [0080], application contains user preference engine that is configured to obtain user preferences before, during, and/or after a property tour; user preference engine may prompt a user for demographic information).
Claim 21: Kabir further discloses wherein at least some of the buyer preference information is determined prior to the presentation of the virtual tour based on the potential buyer's interactions with at least one previous virtual tour of a different real estate property (See Kabir, at least para. [0048], feedback from tour feedback server is used to update the user profile; tour feedback server aggregates property features that are favorable and unfavorable for a user and stores this to the user profile; tour feedback server builds a user profile that reflects what features in a property interest a user using feedback received in real time while the user is touring properties; updating the user profile enables the tour hosting server to pater personalize virtual property tours for subsequent properties toured or viewed by the user).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2, 12, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kabir as applied to claims 1 and 11 above, and further in view of US 2021/0248674 A1 to Ogunbunmi (hereinafter “Ogunbunmi”).
Claims 2 and 12: Kabir discloses all the limitations of claims 1 and 11 discussed above.
Kabir does not expressly disclose wherein the presentation of the virtual tour includes display of a floorplan of the real estate property, and wherein, when one of the images is displayed, the display of the floorplan includes a marker identifying the location corresponding to the displayed image.
However, Ogunbunmi discloses systems and methods for “generating leads for loan applications for purchase of an asset via a virtual tour of the asset.” (See Ogunbunmi, at least Abstract). Ogunbunmi further discloses that a “customer may visit a website for the asset and activate a virtual tour that includes a sequence of graphical content representing different views of the asset.” (See Ogunbunmi, at least Abstract). Ogunbunmi further discloses wherein the presentation of the virtual tour includes display of a floorplan of the real estate property, and wherein, when one of the images is displayed, the display of the floorplan includes a marker identifying the location corresponding to the displayed image (See Ogunbunmi, at least FIG. 1A and associated text; para. [0026], GUI 104 includes a view 106 of an entry or foyer area of a property, and a map 107 depicting a floorplan of the property. In some examples, GUI 104 may also include a view indicator 108 that indicates a location within map 107 of current view 106. As shown in FIG. 1A, view indicator 108 is a rectangle shape overlaid on a portion of map 107 corresponding to a foyer area of the property's floorplan to represent that the current view 106 is of the entry or foyer area of the property).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the virtual tour system and method of Kabir the ability wherein the presentation of the virtual tour includes display of a floorplan of the real estate property, and wherein, when one of the images is displayed, the display of the floorplan includes a marker identifying the location corresponding to the displayed image as disclosed by Ogunbunmi since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “simulate[s] the experience of a user viewing the property in-person.” (See Ogunbunmi, at least para. [0026]).
Claim 12 is rejected for similar reasons.
Claim 17: The combination of Kabir and Ogunbunmi discloses all the limitations of claim 12 discussed above.
Kabir further discloses wherein the series of prompts is presented in the interactive user interface by a virtual real estate agent, wherein the virtual real estate agent includes an audio guide component (See Kabir, at least para. [0065], tour creation server creates an automated guided tour; para. [0008], during the virtual property tour, prompts are provided that enable a user to easily leave feedback for a property generally, specific rooms, and/or individual photos or videos; prompts may include like/dislike icons and/or text boxes that enable a user to enter comments; paras. [0061]-[0064], tour creation server adds a virtual host or graphical animation that may include a three-dimensional rendering of an agent, a picture of the agent, or an avatar; the virtual host may be configured to announce audio information regarding each room or feature).
Claim 18: The combination of Kabir and Ogunbunmi discloses all the limitations of claim 12 discussed above.
Kabir further discloses wherein the series of prompts is presented in the interactive user interface by a virtual real estate agent, wherein the virtual real estate agent includes an audio guide component and a video component (See Kabir, at least para. [0065], tour creation server creates an automated guided tour; para. [0008], during the virtual property tour, prompts are provided that enable a user to easily leave feedback for a property generally, specific rooms, and/or individual photos or videos; prompts may include like/dislike icons and/or text boxes that enable a user to enter comments; paras. [0061]-[0064], tour creation server adds a virtual host or graphical animation that may include a three-dimensional rendering of an agent, a picture of the agent, or an avatar; the virtual host may be configured to announce audio information regarding each room or feature).
Claim 19: The combination of Kabir and Ogunbunmi discloses all the limitations of claim 12 discussed above.
Kabir further discloses wherein the series of prompts is presented in the interactive user interface by a virtual real estate agent, wherein the virtual real estate agent includes an text guide component (See Kabir, at least para. [0065], tour creation server creates an automated guided tour; para. [0008], during the virtual property tour, prompts are provided that enable a user to easily leave feedback for a property generally, specific rooms, and/or individual photos or videos; prompts may include like/dislike icons and/or text boxes that enable a user to enter comments; para. [0039], personalization may also include creating property description text that appeals to the user based on information specified in the user profile; para. [0041], tour hosting server may display icon in images that show countertops and/or wood trim to highlight such features;. selection of the icon causes additional text about the countertop and/or wood trim to be displayed)..
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10,410,303 B1 to Catalano is directed to systems and methods for assisting users in conducting site visits and tours to various real properties and including automatically presenting building floor plans and images of proposed property modifications.
US 9,076,184 B2 to Dempsey is directed to a method of displaying an interactive open house video tour using a website hosted on a webserver.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNE MARIE GEORGALAS whose telephone number is (571)270-1258 E.S.T.. The examiner can normally be reached on Monday-Friday 8:30am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marissa Thein can be reached on 571-272-6764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Anne M Georgalas/
Primary Examiner, Art Unit 3689