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 .
Claims 1-24 are pending.
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 1-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 1, 20 and 23 recite “open-access engagement tools” in the limitation related to the client profile record of the client. While the specification, including paragraphs [0117]-[0132] use the term open-access engagement tools, the specification does not appear to identify any basis for the scope of this term. In fact, the specification only appears to provide not collecting certain information early as an example of what “open-access” entails. As such, it is unclear how the absence of certain collection processes can be provided in a client profile record of the client. Appropriate correction is required.
Claim 12 recites “property information includes a price tier value including one of an affordable price tier value, a moderate price tier value, and a luxury price tier value”. These terms The terms “affordable”, “moderate”, and “luxury” appear to be relative terms which renders the claim indefinite. The terms “affordable”, “moderate”, and “luxury” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In addition, the terms appear to be set out a classifications but have no associated ranges and are not mutually exclusive modifiers of price as terms such as “affordable luxury” are commonly used in real estate and pricing is known to vary widely depending on the particular location. For example, affordable priced units in NY city may be considerably more expensive than moderate or luxury priced units in rural Mississippi. Appropriate correction is required.
Claims 2-19, 21, 21, and 24 are rejected for incorporating at least the issues of the claims from which they depend.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Representative claim 1 recites “…. a client profile record of the client, the client profile record of the client comprising open-access engagement tools and an anonymized data tracking code; … retrieving, , a message from the plurality of stored message records … based on: a client profile record update in response to a change in a step value of a plurality of progressive steps in the real estate transaction of the client in the client profile record, and matching at least one message record value to at least one data field in the client profile record, wherein the at least one message record value includes one of: a client type value, at least one state value, property information regarding the real estate transaction, a current market rating value, a current market trend value, at least one client solicited additional service information, and a client specialty value; and (f) transmitting, …based on retrieving the message, message information from the message to a target message destination ….”. Therefore, the claim as a whole is directed to “Client Profile Based Real Estate Communications Processes”, which is an abstract idea because it is a method of organizing human activity, including fund commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations) and managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). “Client Profile Based Real Estate Communications Processes” is considered to be is a method of organizing human activity because the analysis of data being communicated between a real estate agent and a buyer or seller client is a human being receiving phone calls to take in information and leaving messages with a client regarding updated status messages. Such messaging processes to communicate the status of real estate transactions were ordinarily conducted by humans verbally, or using mail or phone messages. As the claims are directed to method of organizing human activity regularly conducted by real estate agents and the like, claim 1 is directed to an abstract idea.
This judicial exception is not integrated into a practical application. In particular, claim 1 recites the following additional element(s):providing a system application server including a memory for storing processor instructions and a processor for executing the processor instructions; providing a system session server, in communication with the system application server, the system session server configured to establish and maintain a system session with and generate a client interface accessible by the client; providing a user profile database, in communication with the system application server, the user profile database including a client profile record of the client, the client profile record of the client comprising open-access engagement tools and an anonymized data tracking code; providing a message database in communication with the system application server, the message database configured to store and retrieve a plurality of stored message records; retrieving, by the system application server, a message from the plurality of stored message records in the message database; and transmitting, by the system session server and based on retrieving the message, message information from the message to a target message destination section configured to be displayed on at least one user interface having a plurality of message destination sections. These additional elements individually or in combination do not integrate the exception into a practical application. That is, the recitations of additional elements amount merely reciting the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)). Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). The additional elements also do no more than generally link the use of a judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Claim 1 is directed to an abstract idea.
Claim 1 does 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, individually and in combination, are merely being used to apply the abstract idea to a technological environment. That is, the recitations of computer elements do not improve any computer functionality, address any technical problem, or provide any technical solution. Rather, the recitations of additional elements provide the technical environment in which real estate functions are to be implemented, but those functions could otherwise be implemented with pen and paper or mentally. The use of servers and client devices to access stored data for analysis and real estate sales processes regularly conducted with pen and paper prior to the invention of computers does not amount to significantly more than the judicial exception. Accordingly, claim 1 is ineligible.
Claims 20 and 23 recite substantially similar features to those recited in representative claim 1 and are ineligible based on substantially the same reasons.
Dependent claims 2-19, 21, 22, and 24 merely further limit the abstract idea and are thereby considered to be ineligible.
Dependent claim 2 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of the plurality of progressive steps includes steps in the real estate transaction of the client, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 2 is also non-statutory subject matter.
Dependent claim 3 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of to notify the client of a status of an initial client information intake process in the real estate transaction, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 3 is also non-statutory subject matter.
Dependent claim 4 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of to notify the client of a status of completion of an initial client information intake process and an initiation of a client agent matching step in the real estate transaction, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 4 is also non-statutory subject matter.
Dependent claim 5 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of to notify the client of a status of completion of a client agent matching process and prompt the client for input regarding a proposed client agent, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 5 is also non-statutory subject matter.
Dependent claim 6 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of to solicit client input regarding a proposed client agent and notify the client of a client agent match status, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 6 is also non-statutory subject matter.
Dependent claim 7 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of to notify the client of a particular stage value of a plurality of stages in the real estate transaction, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 7 is also non-statutory subject matter.
Dependent claim 8 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of the particular stage value of a plurality of stages in the real estate transaction includes at least one of an offer submitted value, a backup offer submitted value, an offer rejected value, an offer rejection value, a counteroffer submitted value, a counteroffer received value, and an accepted offer value, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 8 is also non-statutory subject matter.
Dependent claim 9 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of the client type value is a client buyer value, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 9 is also non-statutory subject matter.
Dependent claim 10 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of the client type value is a client seller value, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 10 is also non-statutory subject matter.
Dependent claim 11 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of property information includes a property type value including one of a single-family property type, a townhouse property type, a condominium property type, a foreclosure property type, a short sale property type, a probate property type, a bankruptcy property type, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 11 is also non-statutory subject matter.
Dependent claim 12 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of property information includes a price tier value including one of an affordable price tier value, a moderate price tier value, and a luxury price tier value, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 12 is also non-statutory subject matter.
Dependent claim 13 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of the at least one client solicited additional service information includes at least one of: a client mortgage service identifier and corresponding client status indicator, a client closing service identifier and corresponding client status indicator, a client moving service identifier and corresponding client status indicator, a client insurance service identifier and corresponding client status indicator, or a client renovation service identifier and corresponding client status indicator, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 13 is also non-statutory subject matter.
Dependent claim 14 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of the corresponding client status indicators include one a client value or a non-client value, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 14 is also non-statutory subject matter.
Dependent claim 15 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of the current market rating value includes one of: a seller strong rating value, a seller balanced rating value, a seller weak rating value, a trending seller rating value, a balanced rating value, a trending buyer rating value, a buyer weak rating value, a buyer balanced rating value, and a buyer strong rating value, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 15 is also non-statutory subject matter.
Dependent claim 16 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of the current market trend value includes one of a seller’s market value, a balanced market value and a buyer’s market value, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 16 is also non-statutory subject matter.
Dependent claim 17 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of the client specialty value includes at least one of a veteran buyer value, a first-time buyer value, an investor buyer value, a vacation property buyer value, a retiree buyer value, a court ordered seller value, a trustee seller value, a short sale seller value, and an investor seller value, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 17 is also non-statutory subject matter.
Dependent claim 18 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of the at least one user interface includes a client user interface, a client agent user interface of the client agent assisting the client in the real estate transaction, or a client user interface and a client agent user interface of the client assisting the client in the real estate transaction, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 18 is also non-statutory subject matter.
Dependent claim 19 further limits the abstract idea of “Client Profile Based Real Estate Communications Processes” by introducing the element of the message further includes a client agent specific message configured to be displayed on a client agent user interface in a client agent specific message section, which does not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. Therefore, dependent claim 19 is also non-statutory subject matter.
Dependent claims 2-19, 21, 22, and 24 also do not integrated into a practical application. Claim 18 recites the “at least one user interface includes a client user interface, a client agent user interface of the client agent assisting the client in the real estate transaction, or a client user interface and a client agent user interface of the client assisting the client in the real estate transaction.” These limitations do clearly identify any new additional element, but rather appear to assign naming conventions to a user interface based on the intended use of the interface. Such naming convention merely generally links the abstract idea to a particular technological environment or field of use. MPEP 2106.04(d)(I) indicates that generally linking an abstract idea to a particular technological environment or field of use cannot provide a practical application. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. This has been re-evaluated under the “significantly more” analysis and has also been found insufficient to provide significantly more. MPEP 2106.05(A) indicates that generally linking an abstract idea to a particular technological environment or field of use cannot provide significantly more. The claims provide no practical limits or improvements to any technology. Claims 21, 22 and 24 recite substantially similar features to those recited in other claims and are ineligible based on substantially the same reasons. Accordingly, dependent claims 2-19, 21, 22, and 24 are also ineligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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, 9-12, 14, 18, 19, 23, and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 20170193616 to Marshall et al.
With regards to claim 1, Marshall et al. teaches
(a) providing a system application server including a memory for storing processor instructions and a processor for executing the processor instructions (paragraph [0015], “The computing environment 103 may comprise, for example, a server computer or any other system providing computing capability. Alternatively, the computing environment 103 may employ a plurality of computing devices that may be arranged, for example, in one or more server banks or computer banks or other arrangements. Such computing devices may be located in a single installation or may be distributed among many different geographical locations. For example, the computing environment 103 may include a plurality of computing devices that together may comprise a hosted computing resource, a grid computing resource, and/or any other distributed computing arrangement”);
(b) providing a system session server, in communication with the system application server, the system session server configured to establish and maintain a system session with and generate a client interface accessible by the client (paragraph [0017], “Although the property listing platform service 127 is described herein as a single service, the property listing platform service 127 may be structured as multiple different applications, processes, services, systems, engines, or modules in various implementations. In one specific implementation, the property listing platform service 127 is implemented in part using a RUBY-ON-RAILS application server, along with APACHE STORM to process streaming data in real-time.”);
(c) providing a user profile database, in communication with the system application server, the user profile database including a client profile record of the client, the client profile record of the client comprising open-access engagement tools and an anonymized data tracking code (paragraph [0018], “The data stored in the data store 124 includes, for example, buyer data 130, seller data 133, agent data 136, property data 139, user data 142, and potentially other data. To begin, the buyer data 130 includes a variety of data about users of the system who happen to be buyers, potential buyers, lessees, or potential lessees of properties. Included within the buyer data 130 may be data regarding team members 145, a buyer agent 148, a prequalification status 151, a physical visit history 154, a listing engagement history 157, social network data 160, search criteria 163, property watchlists 166, and/or other data.”; paragraph [0045], “For privacy concerns, these notifications will not include (or will mask) the potential buyer's identifying information. While masking or anonymizing the potential buyer's identifying information, an identification of the buyer agent 148 may be included. In addition to addressing privacy concerns, this prevents direct communication between buyers and sellers that could result in transactions happening outside the control of the agents involved.”);
(d) providing a message database in communication with the system application server, the message database configured to store and retrieve a plurality of stored message records (paragraph [0041], “Users are able to create user accounts, and relationships among users and properties are designated. For instance, upon registration, listing agents and sellers are able to claim listings in the listing data 191 with which they are associated. Users can also indicate team members 145, 169, 178 with whom they are sharing information and/or rights. The team members 145, 169, 178 may be existing users or may be designated through a medium of communication by which they can be on-boarded at a later time.”; paragraph [0116], “Also, various data is stored in a data store 124 that is accessible to the computing environment 103. The data store 124 may be representative of a plurality of data stores 124 as can be appreciated. The data stored in the data store 124, for example, is associated with the operation of the various applications and/or functional entities described below. Non-limiting examples of commercially available technologies used in the data store 124 may include APACHE CASSANDRA (or other relational database management system), APACHE SOLR (or other search engine), APACHE KAFKA (or other queue platform), and others.”);
(e) retrieving, by the system application server, a message from the plurality of stored message records in the message database based on: a client profile record update in response to a change in a step value of a plurality of progressive steps in the real estate transaction of the client in the client profile record (paragraph [0033], “The status information 195 indicates a current status of the property, which could include, for example, newly listed, listing updated, open house scheduled, under contract, contingent, available, and so on.”; paragraph [0039], “The external listing provider systems 115 are configured to provide listing data 191 from an external provider, such as a Multiple Listing Service (MLS). For example, the external listing provider systems 115 may provide periodic data feeds with updated information from the listing data 191. Although the listing data 191 may be created via the property listing platform service 127, integration with the external listing provider systems 115 enables the use of existing legacy systems that provide listing data 191.”). For example, the external listing provider systems 115 may provide periodic data feeds with updated information from the listing data 191. Although the listing data 191 may be created via the property listing platform service 127, integration with the external listing provider systems 115 enables the use of existing legacy systems that provide listing data 191.”), and matching at least one message record value to at least one data field in the client profile record, wherein the at least one message record value includes one of: a client type value, at least one state value, property information regarding the real estate transaction, a current market rating value, a current market trend value, at least one client solicited additional service information, and a client specialty value (paragraph [0045], “Once a potential buyer 102 has made an inquiry on a particular property, the email alert notification application 216 transmits an automated email alert responsive to a number of changing variables including, but not limited to price changes, showing/open houses, vacancies, sales, purchase/lease status (active, pending, sold, active), and new listings which have similar characteristics to the property in which the potential buyer 102 has previously expressed an interest. The email alert notification application 216 enables a potential buyer 102 to receive information for what is going on in the real estate markets in an automated format. The events which may trigger an alert include a price change of the property wherein the sale or lease price associated with the property changes; an open house or showing date being assigned for a property of interest within the current week; or a property that has been previously inquired about having new vacancies come available therein. An alert is sent if a previously inquired upon property has a sales status change such as active, pending, option, cancelled, contingency contract, withdrawn. Additionally, alerts may be generated if new listings within an associated geography, price or size related to the previously inquired property become available. The email alert notification application 216 sends the alert to the potential buyer 102 and includes the property address along with the property data variables that have changed.”; paragraph [0059], “The status information 195 can be updated in real-time regarding the status of the property transaction. The fact of a pending offer may result in published real-time notifications to one or more buyers for whom the property has been added to a property watchlist 166 or otherwise who have expressed at least a threshold level of interest in the property.”); and
(f) transmitting, by the system session server and based on retrieving the message, message information from the message to a target message destination section configured to be displayed on at least one user interface having a plurality of message destination sections (paragraph [0045], “Once a potential buyer 102 has made an inquiry on a particular property, the email alert notification application 216 transmits an automated email alert responsive to a number of changing variables including, but not limited to price changes, showing/open houses, vacancies, sales, purchase/lease status (active, pending, sold, active), and new listings which have similar characteristics to the property in which the potential buyer 102 has previously expressed an interest. The email alert notification application 216 enables a potential buyer 102 to receive information for what is going on in the real estate markets in an automated format. The events which may trigger an alert include a price change of the property wherein the sale or lease price associated with the property changes; an open house or showing date being assigned for a property of interest within the current week; or a property that has been previously inquired about having new vacancies come available therein. An alert is sent if a previously inquired upon property has a sales status change such as active, pending, option, cancelled, contingency contract, withdrawn. Additionally, alerts may be generated if new listings within an associated geography, price or size related to the previously inquired property become available. The email alert notification application 216 sends the alert to the potential buyer 102 and includes the property address along with the property data variables that have changed.”).
With regards to claim 9, Marshall et al. teaches the client type value is a client buyer value (paragraph [0018], “To begin, the buyer data 130 includes a variety of data about users of the system who happen to be buyers, potential buyers, lessees, or potential lessees of properties. Included within the buyer data 130 may be data regarding team members 145, a buyer agent 148, a prequalification status 151, a physical visit history 154, a listing engagement history 157, social network data 160, search criteria 163, property watchlists 166, and/or other data.”).
With regards to claim 10, Marshall et al. teaches the client type value is a client seller value (paragraph [0018], “The data stored in the data store 124 includes, for example, buyer data 130, seller data 133, agent data 136, property data 139, user data 142, and potentially other data.”).
With regards to claim 11, Marshall et al. teaches property information includes a property type value including one of a single-family property type, a townhouse property type, a condominium property type, a foreclosure property type, a short sale property type, a probate property type, a bankruptcy property type (paragraph [0030], “The property data 139 includes data relating to properties listed and/or previously listed via the property listing platform service 127. Such properties may include houses, multiplexes, apartments, condominiums, townhouses, mobile homes, vacant land, farms, commercial properties, and so on.”).
With regards to claim 12, Marshall et al. teaches property information includes a price tier value including one of an affordable price tier value, a moderate price tier value, and a luxury price tier value (paragraph [0031], “The listing data 191 includes a variety of data in a listing that can be presented via a user interface. This data can include, for example, photographs, video tours, audio tours, asking price, title, description, address, square feet/area, numbers of bedrooms and bathrooms, whether a pool is present, property taxes, previous sales information, previous valuations, and/or other information.”).
With regards to claim 14, Marshall et al. teaches the corresponding client status indicators include one a client value or a non-client value (paragraph [0020], “A buyer may be associated with one or more buyer agents 148. In some cases, a buyer may enter into an exclusive representation agreement with a particular buyer agent 148. In other cases, the buyer may utilize multiple buyer agents 148, where each buyer agent 148 has rights to transactions with respect to particular properties. In some cases, a buyer may be unrepresented by an agent and may work with the listing agent of a property directly.”).
With regards to claim 18, Marshall et al. teaches the at least one user interface includes a client user interface, a client agent user interface of the client agent assisting the client in the real estate transaction, or a client user interface and a client agent user interface of the client assisting the client in the real estate transaction (paragraph [0037], “To this end, the client application may comprise, for example, a browser, a dedicated application, etc., and the user interface may comprise a network page, an application screen, etc. The agent client devices 106, the buyer client devices 109, and the seller client devices 112 may be configured to execute applications beyond the client application such as, for example, web services, email applications, social networking applications, word processors, spreadsheets, and/or other applications.”).
With regards to claim 19, Marshall et al. teaches the message further includes a client agent specific message configured to be displayed on a client agent user interface in a client agent specific message section (paragraph [0072], “The notifications may be sent based at least in part on selection criteria specified by the recipient or another user. For example, the seller's agent may designate that all of his or her notifications for one or more listings are to be copied to an associate who is a team member 178. The selection criteria may include thresholds for expression of interest (e.g., time spent looking at the listing or visiting), thresholds for prequalification status 151, and/or other selection criteria.”).
With regards to claim 23, Marshall et al. teaches
(a) providing a system application server including a memory for storing processor instructions and a processor for executing the processor instructions (paragraph [0015], “The computing environment 103 may comprise, for example, a server computer or any other system providing computing capability. Alternatively, the computing environment 103 may employ a plurality of computing devices that may be arranged, for example, in one or more server banks or computer banks or other arrangements. Such computing devices may be located in a single installation or may be distributed among many different geographical locations. For example, the computing environment 103 may include a plurality of computing devices that together may comprise a hosted computing resource, a grid computing resource, and/or any other distributed computing arrangement”);
(b) providing a system session server, in communication with the system application server, the system session server configured to establish and maintain a system session with and generate a client interface accessible by the client (paragraph [0017], “Although the property listing platform service 127 is described herein as a single service, the property listing platform service 127 may be structured as multiple different applications, processes, services, systems, engines, or modules in various implementations. In one specific implementation, the property listing platform service 127 is implemented in part using a RUBY-ON-RAILS application server, along with APACHE STORM to process streaming data in real-time.”);
(c) providing a user profile database, in communication with the system application server, the user profile database including a client profile record of the client, the client profile record of the client comprising open-access engagement tools and an anonymized data tracking code (paragraph [0018], “The data stored in the data store 124 includes, for example, buyer data 130, seller data 133, agent data 136, property data 139, user data 142, and potentially other data. To begin, the buyer data 130 includes a variety of data about users of the system who happen to be buyers, potential buyers, lessees, or potential lessees of properties. Included within the buyer data 130 may be data regarding team members 145, a buyer agent 148, a prequalification status 151, a physical visit history 154, a listing engagement history 157, social network data 160, search criteria 163, property watchlists 166, and/or other data.”; paragraph [0045], “For privacy concerns, these notifications will not include (or will mask) the potential buyer's identifying information. While masking or anonymizing the potential buyer's identifying information, an identification of the buyer agent 148 may be included. In addition to addressing privacy concerns, this prevents direct communication between buyers and sellers that could result in transactions happening outside the control of the agents involved.”);
(d) providing a message database in communication with the system application server, the message database configured to store and retrieve a plurality of stored message records (paragraph [0041], “Users are able to create user accounts, and relationships among users and properties are designated. For instance, upon registration, listing agents and sellers are able to claim listings in the listing data 191 with which they are associated. Users can also indicate team members 145, 169, 178 with whom they are sharing information and/or rights. The team members 145, 169, 178 may be existing users or may be designated through a medium of communication by which they can be on-boarded at a later time.”; paragraph [0116], “Also, various data is stored in a data store 124 that is accessible to the computing environment 103. The data store 124 may be representative of a plurality of data stores 124 as can be appreciated. The data stored in the data store 124, for example, is associated with the operation of the various applications and/or functional entities described below. Non-limiting examples of commercially available technologies used in the data store 124 may include APACHE CASSANDRA (or other relational database management system), APACHE SOLR (or other search engine), APACHE KAFKA (or other queue platform), and others.”);
(e) retrieving, by the system application server, a message from the plurality of stored message records in the message database based on: (i) a client profile record update in response to a change in a step value of a plurality of progressive steps in the real estate transaction of the client with the client profile record (paragraph [0026], “he properties may be manually selected for inclusion on the property watchlist 166, or the properties may be automatically selected by matching search criteria 163 or by virtue of a level of engagement seen in the listing engagement history 157 or through a visit recorded in the physical visit history 154. When on a property watchlist 166, various changes in status of a property or a competing user's engagement relative to a property (e.g., making an offer, scheduling a showing, etc.) may be published as notifications to the buyer and associated team members.”), and (ii) matching at least one message record value to at least one data field in the client profile record (paragraph [0059], “The status information 195 can be updated in real-time regarding the status of the property transaction. The fact of a pending offer may result in published real-time notifications to one or more buyers for whom the property has been added to a property watchlist 166 or otherwise who have expressed at least a threshold level of interest in the property. When the fact of a pending offer is made known, potential buyers who are “on the fence” may be motivated to submit competing offers at the same time.”);
(f) transmitting, by the system session server and based on retrieving the message, message information from the message to a target message destination section configured to be displayed on a client user interface and a client agent user interface of the client assisting the client in the real estate transaction (paragraph [0045], “Once a potential buyer 102 has made an inquiry on a particular property, the email alert notification application 216 transmits an automated email alert responsive to a number of changing variables including, but not limited to price changes, showing/open houses, vacancies, sales, purchase/lease status (active, pending, sold, active), and new listings which have similar characteristics to the property in which the potential buyer 102 has previously expressed an interest. The email alert notification application 216 enables a potential buyer 102 to receive information for what is going on in the real estate markets in an automated format. The events which may trigger an alert include a price change of the property wherein the sale or lease price associated with the property changes; an open house or showing date being assigned for a property of interest within the current week; or a property that has been previously inquired about having new vacancies come available therein. An alert is sent if a previously inquired upon property has a sales status change such as active, pending, option, cancelled, contingency contract, withdrawn. Additionally, alerts may be generated if new listings within an associated geography, price or size related to the previously inquired property become available. The email alert notification application 216 sends the alert to the potential buyer 102 and includes the property address along with the property data variables that have changed.”).; and
(g) wherein the client user interface and the client agent user interface each include a plurality of message destination sections configured to display the message information (paragraph [0044], “Also, as the buyer interacts with an electronic listing, various real-time notifications can be automatically generated by the property listing platform service 127. These notifications may include email messages, phone calls, text messages, notifications via a web page, and so forth.”).
With regards to claim 24, Marshall et al. teaches the message further includes a client agent specific message configured to be displayed on the client agent user interface in a client agent specific message section (paragraph [0073], “In box 312, the property listing platform service 127 generates another one or more notifications to the user's agent (i.e., the buyer agent 148), one or more team members 178 of the buyer's agent, and/or one or more team members 145 of the user. Unlike the notifications of box 309, these notifications may include an identification of the user so that the buyer's agent or others may personally follow up with the user. The notifications may include metrics or other characteristics of the user, such as visit length, engagement duration with the listing, and so forth.”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-8, 13, 15, 16, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 20170193616 to Marshall et al. as applied to claims 1, 9-12, 14, 18, 19, 23, and 24 above, and further in view of U.S. Patent Application Publication No. 20060089847 to Dale-Thiebout.
With regards to claim 2, Marshall et al. fails to explicitly teach timing of steps in a real estate transaction . However Dale-Thiebout teaches the plurality of progressive steps includes one of first step, a second step, a third step, a fourth step and a fifth step in the real estate transaction of the client (paragraph [0004], “Once a suitable property is found, in-progress transactions are subject to numerous deadlines, generally specified by state law applicable to a particular jurisdiction. Transaction deadlines are critical milestones and each agent, client or third party might be responsible for timely completing the steps necessary to satisfy each deadline. Ensuring that the milestones are timely met can be tricky, particularly where a client or third party has the responsibility to complete a particular task and which requires follow up by the agent to ensure that the task was performed.”; paragraph [0010], “Transaction information is centrally maintained and includes a plurality of transaction specifications. Each such transaction specification includes one or more deadlines that provide an agent component and a client component. An agent view is presented by interactively parsing through the transaction specification for at least one client of an agent and determining sections of the transaction information relating to the agent component. A client view is displayed by generating a hierarchy of the deadlines applicable to the real estate transaction and interactively providing select parts of the transaction information relating to the client component.”; paragraph [0031], “The schedules 49 include the deadlines 56 assigned to both the agent 11 and the client and can be accompanied by an indication of whether an action is currently pending, in progress or has been completed. In the described embodiment, the deadlines are colored coded with green signifying an eventual deadline, yellow signifying a near deadline, red signifying a due deadline, and white signifying a completed deadline. Other types of coding and prioritizations are possible.”).
This part of Dale-Thiebout is applicable to the system of Marshall et al. as they both share characteristics and capabilities, namely, they are directed to real estate transaction data systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Marshall et al. to include the step deadlines for stages as taught by Dale-Thiebout. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Marshall et al. in order to ensuring such client needs are satisfied, even though client satisfaction can sometimes be a moving target. (see paragraphs [0003]-[0010] of Dale-Thiebout).
With regards to claim 3, Marshall et al. teaches the first step is configured to notify the client of a status of an initial client information intake process in the real estate transaction (paragraph [0042], “To see certain information or to perform certain activities, the user may be asked to register as a buyer and create an account via the property listing platform service 127.”; paragraph [0043], “Upon creating an account via the property listing platform service 127, the buyer's activities can be tracked in the physical visit history 154, the listing engagement history 157, the search criteria 163, and the property watchlists 166. In some cases, the previous activities associated with the buyer client device 109 via a tracking cookie may also be on-boarded to the account. The user can also define a relationship with one or more buyer agents 148 with respect to one or more properties.”).
With regards to claim 4, Marshall et al. fails to explicitly teach timing of steps in a real estate transaction . However Dale-Thiebout teaches the second step is configured to notify the client of a status of completion of an initial client information intake process and an initiation of a client agent matching step in the real estate transaction (paragraph [0008], “As well, scheduler programs are generally configured to be personal to an agent. Consequently, clients are unable to determine agent availability without first manually contacting the agent to arrange an appointment.”; paragraph [0020], “Prospective clients 14 include both former buyers and sellers, as well as other parties that may potentially develop into a current buyer 12 or a current seller 13. Prospective clients 14 are developed by an agent 11 through marketing and educational opportunities, such as newsletters and home sale and purchasing seminars. Other types of clients are possible.”; paragraph [0028], “The agent view includes a contacts manager, scheduler and communications interface for respectively maintaining a set of contacts 48, schedules 49 and undertaking communications 50 with clients and third parties. The contacts 48 reference a set of clients 52, which are each maintained with a set of attributes 59, profiles 60 and, if applicable, one or more real estate transactions 61. The attributes 59 correspond to a status associated with the client. For instance, a client could be identified with an attribute as a current buyer 12, current seller 13 or prospective client 14.”; paragraph [0031]).
This part of Dale-Thiebout is applicable to the system of Marshall et al. as they both share characteristics and capabilities, namely, they are directed to real estate transaction data systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Marshall et al. to include the step deadlines for stages as taught by Dale-Thiebout. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Marshall et al. in order to ensuring such client needs are satisfied, even though client satisfaction can sometimes be a moving target. (see paragraphs [0003]-[0010] of Dale-Thiebout).
With regards to claim 5, Marshall et al. fails to explicitly teach timing of steps in a real estate transaction . However Dale-Thiebout teaches the third step is configured to notify the client of a status of completion of a client agent matching process and prompt the client for input regarding a proposed client agent (paragraph [0028], “The agent view includes a contacts manager, scheduler and communications interface for respectively maintaining a set of contacts 48, schedules 49 and undertaking communications 50 with clients and third parties. The contacts 48 reference a set of clients 52, which are each maintained with a set of attributes 59, profiles 60 and, if applicable, one or more real estate transactions 61. The attributes 59 correspond to a status associated with the client. For instance, a client could be identified with an attribute as a current buyer 12, current seller 13 or prospective client 14. Preferably, each client 52 and contact 48 are identified uniquely by an e-mail address, although any other form of unique identifier could be used. The profiles 60 are based on a phase of a real estate transaction in which the client is currently involved. For instance, a buyer profile assists the agent 11 in identifying those properties that best suit the needs of a client. A buyer profile can include parameters such as number of bedrooms, number of bathrooms, square footage, lot size, top feature requirements, and top feature preferences, as well as others. Similarly, a seller profile is geared towards assisting an agent in successfully marketing and selling a property on behalf of a client.”; where indications of type of client is completion of intake process).
This part of Dale-Thiebout is applicable to the system of Marshall et al. as they both share characteristics and capabilities, namely, they are directed to real estate transaction data systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Marshall et al. to include the step deadlines for stages as taught by Dale-Thiebout. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Marshall et al. in order to ensuring such client needs are satisfied, even though client satisfaction can sometimes be a moving target. (see paragraphs [0003]-[0010] of Dale-Thiebout).
With regards to claim 6, Marshall et al. fails to explicitly teach timing of steps in a real estate transaction though it does teach matching an agent with a client in paragraph [0080]. However Dale-Thiebout teaches the fourth step is configured to solicit client input regarding a proposed client agent and notify the client of a client agent match status (paragraph [0028], “The attributes 59 correspond to a status associated with the client. For instance, a client could be identified with an attribute as a current buyer 12, current seller 13 or prospective client 14. The attributes 59 can be used by the agent 11 for executing queries and bulk operations, such as generating newsletters or targeted mail. Preferably, each client 52 and contact 48 are identified uniquely by an e-mail address, although any other form of unique identifier could be used. The profiles 60 are based on a phase of a real estate transaction in which the client is currently involved. For instance, a buyer profile assists the agent 11 in identifying those properties that best suit the needs of a client.”).
This part of Dale-Thiebout is applicable to the system of Marshall et al. as they both share characteristics and capabilities, namely, they are directed to real estate transaction data systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Marshall et al. to include the step deadlines for stages as taught by Dale-Thiebout. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Marshall et al. in order to ensuring such client needs are satisfied, even though client satisfaction can sometimes be a moving target. (see paragraphs [0003]-[0010] of Dale-Thiebout).
With regards to claim 7, Marshall et al. teaches the fifth step is configured to notify the client of a particular stage value of a plurality of stages in the real estate transaction (paragraph [0044], “Also, as the buyer interacts with an electronic listing, various real-time notifications can be automatically generated by the property listing platform service 127. These notifications may include email messages, phone calls, text messages, notifications via a web page, and so forth.”).
With regards to claim 8, Marshall et al. teaches the particular stage value of a plurality of stages in the real estate transaction includes at least one of an offer submitted value, a backup offer submitted value, an offer rejected value, an offer rejection value, a counteroffer submitted value, a counteroffer received value, and an accepted offer value (paragraph [0058], “Offers can be sent in real-time to seller client devices 112 and to agent client devices 106, and the seller is able to accept the offer, or counter, electronically via a user interface. Accepting or countering may involve replying to a text message, clicking a button labeled “accept” or “counter,” replying to a speech interface using a voice command, and/or other actions. The offers as presented may be associated with a deadline for acceptance. In some scenarios, the deadline may expire and the property listing platform service 127 can facilitate extension of the offer deadline. The offer deadline may be published as a notification to other parties such as other buyers, their agents, and any team members. If changed, the change of the offer deadline may also be published to these interested parties.”).
With regards to claim 13, Marshall et al. fails to explicitly teach timing of steps in a real estate transaction including additional services. However Dale-Thiebout teaches the at least one client solicited additional service information includes at least one of: a client mortgage service identifier and corresponding client status indicator, a client closing service identifier and corresponding client status indicator, a client moving service identifier and corresponding client status indicator, a client insurance service identifier and corresponding client status indicator, or a client renovation service identifier and corresponding client status indicator (paragraph [0021], “Third parties 15 include those parties serving a function complementary or collateral to those performed by the real estate agent 11. Examples of third parties 15 include banks, trust companies, title companies, other real estate agents, vendors, and various professional and journey personnel. In a further embodiment, the Web pages can include advertisements, such as in the form of pull down or popup menus, which advertise the goods and services offered by the third parties 15 in exchange for advertising revenue.”).
This part of Dale-Thiebout is applicable to the system of Marshall et al. as they both share characteristics and capabilities, namely, they are directed to real estate transaction data systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Marshall et al. to include the vendor selections as taught by Dale-Thiebout. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Marshall et al. in order to ensuring such client needs are satisfied, even though client satisfaction can sometimes be a moving target. (see paragraphs [0003]-[0010] of Dale-Thiebout).
With regards to claim 15, Marshall et al. fails to explicitly teach timing of steps in a real estate transaction including market trend values. However Dale-Thiebout teaches the current market rating value includes one of: a seller strong rating value, a seller balanced rating value, a seller weak rating value, a trending seller rating value, a balanced rating value, a trending buyer rating value, a buyer weak rating value, a buyer balanced rating value, and a buyer strong rating value (paragraph [0038], “In addition, the stored data, for instance, user preferences, could be used for marketing purposes, with the appropriate authorizations, such as marketing demand and demographic research, directed marketing campaigns, and related uses.”; paragraph [0039], “In particular, the Web page 71 for current sellers 13 can contain required forms that can be sent by e-mail or fax to their agent 11, as well as feedback and automatic market update and pertinent news downloads from their agents 11.”).
This part of Dale-Thiebout is applicable to the system of Marshall et al. as they both share characteristics and capabilities, namely, they are directed to real estate transaction data systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Marshall et al. to include the market trend values as taught by Dale-Thiebout. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Marshall et al. in order to ensuring such client needs are satisfied, even though client satisfaction can sometimes be a moving target. (see paragraphs [0003]-[0010] of Dale-Thiebout).
With regards to claim 16, Marshall et al. fails to explicitly teach timing of steps in a real estate transaction including market trend values. However Dale-Thiebout teaches the current market trend value includes one of a seller’s market value, a balanced market value and a buyer’s market value (paragraph [0038], “In addition, the stored data, for instance, user preferences, could be used for marketing purposes, with the appropriate authorizations, such as marketing demand and demographic research, directed marketing campaigns, and related uses.”; paragraph [0039], “In particular, the Web page 71 for current sellers 13 can contain required forms that can be sent by e-mail or fax to their agent 11, as well as feedback and automatic market update and pertinent news downloads from their agents 11.”).
This part of Dale-Thiebout is applicable to the system of Marshall et al. as they both share characteristics and capabilities, namely, they are directed to real estate transaction data systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Marshall et al. to include the market trend values as taught by Dale-Thiebout. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Marshall et al. in order to ensuring such client needs are satisfied, even though client satisfaction can sometimes be a moving target. (see paragraphs [0003]-[0010] of Dale-Thiebout).
With regards to claim 20, Marshall et al. teaches
(a) providing a system application server including a memory for storing processor instructions and a processor for executing the processor instructions (paragraph [0015], “The computing environment 103 may comprise, for example, a server computer or any other system providing computing capability. Alternatively, the computing environment 103 may employ a plurality of computing devices that may be arranged, for example, in one or more server banks or computer banks or other arrangements. Such computing devices may be located in a single installation or may be distributed among many different geographical locations. For example, the computing environment 103 may include a plurality of computing devices that together may comprise a hosted computing resource, a grid computing resource, and/or any other distributed computing arrangement”);
(b) providing a system session server, in communication with the system application server, the system session server configured to establish and maintain a system session with and generate a client interface accessible by the client (paragraph [0017], “Although the property listing platform service 127 is described herein as a single service, the property listing platform service 127 may be structured as multiple different applications, processes, services, systems, engines, or modules in various implementations. In one specific implementation, the property listing platform service 127 is implemented in part using a RUBY-ON-RAILS application server, along with APACHE STORM to process streaming data in real-time.”);
(c) providing a user profile database, in communication with the system application server, the user profile database including a client profile record of the client, the client profile record of the client comprising open-access engagement tools and an anonymized data tracking code (paragraph [0018], “The data stored in the data store 124 includes, for example, buyer data 130, seller data 133, agent data 136, property data 139, user data 142, and potentially other data. To begin, the buyer data 130 includes a variety of data about users of the system who happen to be buyers, potential buyers, lessees, or potential lessees of properties. Included within the buyer data 130 may be data regarding team members 145, a buyer agent 148, a prequalification status 151, a physical visit history 154, a listing engagement history 157, social network data 160, search criteria 163, property watchlists 166, and/or other data.”; paragraph [0045], “For privacy concerns, these notifications will not include (or will mask) the potential buyer's identifying information. While masking or anonymizing the potential buyer's identifying information, an identification of the buyer agent 148 may be included. In addition to addressing privacy concerns, this prevents direct communication between buyers and sellers that could result in transactions happening outside the control of the agents involved.”);
(d) providing a message database in communication with the system application server, the message database configured to store and retrieve a plurality of stored message records (paragraph [0041], “Users are able to create user accounts, and relationships among users and properties are designated. For instance, upon registration, listing agents and sellers are able to claim listings in the listing data 191 with which they are associated. Users can also indicate team members 145, 169, 178 with whom they are sharing information and/or rights. The team members 145, 169, 178 may be existing users or may be designated through a medium of communication by which they can be on-boarded at a later time.”; paragraph [0116], “Also, various data is stored in a data store 124 that is accessible to the computing environment 103. The data store 124 may be representative of a plurality of data stores 124 as can be appreciated. The data stored in the data store 124, for example, is associated with the operation of the various applications and/or functional entities described below. Non-limiting examples of commercially available technologies used in the data store 124 may include APACHE CASSANDRA (or other relational database management system), APACHE SOLR (or other search engine), APACHE KAFKA (or other queue platform), and others.”);
(e) retrieving, by the system application server, a message from the plurality of stored message records in the message database based on a client profile record update in response to a change in a step value of a plurality of progressive steps in the real estate transaction of the client in the client profile record (paragraph [0033], “The status information 195 indicates a current status of the property, which could include, for example, newly listed, listing updated, open house scheduled, under contract, contingent, available, and so on.”; paragraph [0039], “The external listing provider systems 115 are configured to provide listing data 191 from an external provider, such as a Multiple Listing Service (MLS). For example, the external listing provider systems 115 may provide periodic data feeds with updated information from the listing data 191. Although the listing data 191 may be created via the property listing platform service 127, integration with the external listing provider systems 115 enables the use of existing legacy systems that provide listing data 191.”). For example, the external listing provider systems 115 may provide periodic data feeds with updated information from the listing data 191. Although the listing data 191 may be created via the property listing platform service 127, integration with the external listing provider systems 115 enables the use of existing legacy systems that provide listing data 191.”), the plurality of progressive steps including one of: a first step that is configured to notify the client of a status of an initial client information intake process in the real estate transaction (paragraph [0042], “To see certain information or to perform certain activities, the user may be asked to register as a buyer and create an account via the property listing platform service 127.”; paragraph [0043], “Upon creating an account via the property listing platform service 127, the buyer's activities can be tracked in the physical visit history 154, the listing engagement history 157, the search criteria 163, and the property watchlists 166. In some cases, the previous activities associated with the buyer client device 109 via a tracking cookie may also be on-boarded to the account. The user can also define a relationship with one or more buyer agents 148 with respect to one or more properties.”) …. and a fifth step that is configured to notify the client of a particular stage value of a plurality of stages in the real estate transaction (paragraph [0044], “Also, as the buyer interacts with an electronic listing, various real-time notifications can be automatically generated by the property listing platform service 127. These notifications may include email messages, phone calls, text messages, notifications via a web page, and so forth.”);
(f) matching at least one message record value to at least one data field in the client profile record (paragraph [0045], “Once a potential buyer 102 has made an inquiry on a particular property, the email alert notification application 216 transmits an automated email alert responsive to a number of changing variables including, but not limited to price changes, showing/open houses, vacancies, sales, purchase/lease status (active, pending, sold, active), and new listings which have similar characteristics to the property in which the potential buyer 102 has previously expressed an interest. The email alert notification application 216 enables a potential buyer 102 to receive information for what is going on in the real estate markets in an automated format. The events which may trigger an alert include a price change of the property wherein the sale or lease price associated with the property changes; an open house or showing date being assigned for a property of interest within the current week; or a property that has been previously inquired about having new vacancies come available therein. An alert is sent if a previously inquired upon property has a sales status change such as active, pending, option, cancelled, contingency contract, withdrawn. Additionally, alerts may be generated if new listings within an associated geography, price or size related to the previously inquired property become available. The email alert notification application 216 sends the alert to the potential buyer 102 and includes the property address along with the property data variables that have changed.”; paragraph [0059], “The status information 195 can be updated in real-time regarding the status of the property transaction. The fact of a pending offer may result in published real-time notifications to one or more buyers for whom the property has been added to a property watchlist 166 or otherwise who have expressed at least a threshold level of interest in the property.”); and
(g) transmitting, by the system session server and based on retrieving the message, message information from the message to a target message destination section configured to be displayed on at least one user interface having a plurality of message destination sections (paragraph [0045], “Once a potential buyer 102 has made an inquiry on a particular property, the email alert notification application 216 transmits an automated email alert responsive to a number of changing variables including, but not limited to price changes, showing/open houses, vacancies, sales, purchase/lease status (active, pending, sold, active), and new listings which have similar characteristics to the property in which the potential buyer 102 has previously expressed an interest. The email alert notification application 216 enables a potential buyer 102 to receive information for what is going on in the real estate markets in an automated format. The events which may trigger an alert include a price change of the property wherein the sale or lease price associated with the property changes; an open house or showing date being assigned for a property of interest within the current week; or a property that has been previously inquired about having new vacancies come available therein. An alert is sent if a previously inquired upon property has a sales status change such as active, pending, option, cancelled, contingency contract, withdrawn. Additionally, alerts may be generated if new listings within an associated geography, price or size related to the previously inquired property become available. The email alert notification application 216 sends the alert to the potential buyer 102 and includes the property address along with the property data variables that have changed.”).
Marshall et al. fails to explicitly teach timing of steps in a real estate transaction . However Dale-Thiebout teaches
the plurality of progressive steps including one of: …, a second step that is configured to notify the client of a status of completion of an initial client information intake process and an initiation of a client agent matching step in the real estate transaction (paragraph [0008], “As well, scheduler programs are generally configured to be personal to an agent. Consequently, clients are unable to determine agent availability without first manually contacting the agent to arrange an appointment.”; paragraph [0020], “Prospective clients 14 include both former buyers and sellers, as well as other parties that may potentially develop into a current buyer 12 or a current seller 13. Prospective clients 14 are developed by an agent 11 through marketing and educational opportunities, such as newsletters and home sale and purchasing seminars. Other types of clients are possible.”; paragraph [0028], “The agent view includes a contacts manager, scheduler and communications interface for respectively maintaining a set of contacts 48, schedules 49 and undertaking communications 50 with clients and third parties. The contacts 48 reference a set of clients 52, which are each maintained with a set of attributes 59, profiles 60 and, if applicable, one or more real estate transactions 61. The attributes 59 correspond to a status associated with the client. For instance, a client could be identified with an attribute as a current buyer 12, current seller 13 or prospective client 14.”; paragraph [0031]), a third step that is configured to notify the client of a status of completion of a client agent matching process and prompt the client for input regarding a proposed client agent (paragraph [0028], “The agent view includes a contacts manager, scheduler and communications interface for respectively maintaining a set of contacts 48, schedules 49 and undertaking communications 50 with clients and third parties. The contacts 48 reference a set of clients 52, which are each maintained with a set of attributes 59, profiles 60 and, if applicable, one or more real estate transactions 61. The attributes 59 correspond to a status associated with the client. For instance, a client could be identified with an attribute as a current buyer 12, current seller 13 or prospective client 14. Preferably, each client 52 and contact 48 are identified uniquely by an e-mail address, although any other form of unique identifier could be used. The profiles 60 are based on a phase of a real estate transaction in which the client is currently involved. For instance, a buyer profile assists the agent 11 in identifying those properties that best suit the needs of a client. A buyer profile can include parameters such as number of bedrooms, number of bathrooms, square footage, lot size, top feature requirements, and top feature preferences, as well as others. Similarly, a seller profile is geared towards assisting an agent in successfully marketing and selling a property on behalf of a client.”; where indications of type of client is completion of intake process), a fourth step that is configured to solicit client input regarding a proposed client agent and notify the client of a client agent match status (paragraph [0028], “The attributes 59 correspond to a status associated with the client. For instance, a client could be identified with an attribute as a current buyer 12, current seller 13 or prospective client 14. The attributes 59 can be used by the agent 11 for executing queries and bulk operations, such as generating newsletters or targeted mail. Preferably, each client 52 and contact 48 are identified uniquely by an e-mail address, although any other form of unique identifier could be used. The profiles 60 are based on a phase of a real estate transaction in which the client is currently involved. For instance, a buyer profile assists the agent 11 in identifying those properties that best suit the needs of a client.”);
This part of Dale-Thiebout is applicable to the system of Marshall et al. as they both share characteristics and capabilities, namely, they are directed to real estate transaction data systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Marshall et al. to include the step deadlines for stages as taught by Dale-Thiebout. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Marshall et al. in order to ensuring such client needs are satisfied, even though client satisfaction can sometimes be a moving target. (see paragraphs [0003]-[0010] of Dale-Thiebout).
With regards to claim 21, Marshall et al. teaches the particular stage value includes at least one of an offer submitted value, a backup offer submitted value, an offer rejected value, an offer rejection value, a counteroffer submitted value, a counteroffer received value, and an accepted offer value (paragraph [0058], “Offers can be sent in real-time to seller client devices 112 and to agent client devices 106, and the seller is able to accept the offer, or counter, electronically via a user interface. Accepting or countering may involve replying to a text message, clicking a button labeled “accept” or “counter,” replying to a speech interface using a voice command, and/or other actions. The offers as presented may be associated with a deadline for acceptance. In some scenarios, the deadline may expire and the property listing platform service 127 can facilitate extension of the offer deadline. The offer deadline may be published as a notification to other parties such as other buyers, their agents, and any team members. If changed, the change of the offer deadline may also be published to these interested parties.”).
With regards to claim 22, Marshall et al. teaches the at least one message record value includes one of: a client type value, at least one state value, property information regarding the real estate transaction, at least one additional client solicited service information, a current market rating value, a current market trend value, and a client specialty value offer submitted value, a backup offer submitted value, an offer rejected value, an offer rejection value, a counteroffer submitted value, a counteroffer received value (paragraph [0058], “Offers can be sent in real-time to seller client devices 112 and to agent client devices 106, and the seller is able to accept the offer, or counter, electronically via a user interface. Accepting or countering may involve replying to a text message, clicking a button labeled “accept” or “counter,” replying to a speech interface using a voice command, and/or other actions. The offers as presented may be associated with a deadline for acceptance. In some scenarios, the deadline may expire and the property listing platform service 127 can facilitate extension of the offer deadline. The offer deadline may be published as a notification to other parties such as other buyers, their agents, and any team members. If changed, the change of the offer deadline may also be published to these interested parties.”).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 20170193616 to Marshall et al. as applied to claims 1, 9-12, 14, 18, 19, 23, and 24 above, and further in view of U.S. Patent Application Publication No. 20190385252 to Hsieh.
With regards to claim 17, Marshall et al. fails to explicitly teach, but Hsieh teaches the client specialty value includes at least one of a veteran buyer value, a first-time buyer value, an investor buyer value, a vacation property buyer value, a retiree buyer value, a court ordered seller value, a trustee seller value, a short sale seller value, and an investor seller value (paragraph [0130], “The complementary data is selected from TCPA-compliance data including phone type (e.g., wireline or wireless) and subscriber information; subject property information for secured loans such as mortgages including address, legal description, year built, or a combination thereof; borrower personal information including Social Security number, date of birth, age, ethnicity, race, gender, veteran status, disability status, education information, address history, marital status, dependent information, or a combination thereof; borrower employment information including employment history, income, or a combination thereof; and borrower financial information including credit rating, financial account information, asset information, value of one or more existing properties, equity in one or more existing properties, loan-to-value ratio, or a combination thereof.”).
This part of Hsieh is applicable to the system of Marshall et al. as they both share characteristics and capabilities, namely, they are directed to real estate transaction data systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Marshall et al. to include the client specialty data as taught by Hsieh. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Marshall et al. in order to provide agents enhanced client data for proper sales and servicing (see paragraph [0149] of Hsieh).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 20240331069 to Hightower discusses to provide computer-based real estate transactions directly between a buyer and an owner/seller of real estate property. The platform can coordinate a real estate transaction, for example negotiating an offer to purchase a real estate property, directly between the buyer and the owner/seller of the property in a manner that eliminates the requirement of a human real estate agent to serve as an intermediary between the buyer and the owner/seller during the transaction process.
U.S. Patent Application Publication No. 20190080425 to Bui discusses a system to 1) receive real estate product selection from real estate customer; 2) receive real estate meeting request time value and real estate meeting location from the real estate customer; 3) generate query including the real estate product selection, the real estate meeting request time value and the real estate meeting location; 4) communicate the query including the real estate product selection, the real estate meeting request time value and the real estate meeting location; 5) receive one or more recommended real estate agents based at least in part on the real estate product selection, the real estate meeting request time and the real estate meeting location.
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/J.D.S./Examiner, Art Unit 3626
/JESSICA LEMIEUX/Supervisory Patent Examiner, Art Unit 3626