DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 2-21 have been examined in this application. This communication is the first action on the merits.
Priority
Application 19/036,168 was filed on 01/24/2025 and is a CON of 16/702,414 12/03/2019 PAT 12,236,487 which is a CON of 14/331,065 07/14/2014 PAT 10,529,026 which claims benefit of 61/847,055 07/16/2013.
Examiner Request
The Applicant is requested to indicate where in the specification there is support for amendments to claims should Applicant amend. The purpose of this is to reduce potential 35 U.S.C. § 112(a) or § 112 1st paragraph issues that can arise when claims are amended without support in the specification. The Examiner thanks the Applicant in advance.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-21 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 17, and 18 of U.S. Patent No. 12,236,487.
Claims 2, 9, and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 17, and 18 of U.S. Patent No. 12,236,487. Although the claims at issue are not identical, they are not patentably distinct from each other because as the claim table shows the application claims are broader and the entire scope of the reference claim falls within the scope of the examined claim.
Claim 9 of the present application 19/036,168 is broader and fully anticipated by claim 1 of U.S. Patent No. 12,236,487. The mapping of claim 9 of the present application 19/036,168 to claim 1 of U.S. Patent No. 12,236,487 is substantially similar to the mapping of claim 2 of the present application 19/036,168 to claim 17 of U.S. Patent No. 12,236,487 as noted below. Therefore, claim 9 of the present application 19/036,168 is rejected on similar grounds.
Application 19/036,168
US Patent No. 12,236,487
Application 19/036,168
US Patent No. 12,236,487
2. A system for performing a property inspection, the system including: at least one processor; and a machine-readable medium storing instructions, which when executed by the at least one processor, causes the system to perform operations comprising:
17. A system for performing a property inspection using aerial images, the system including:
one or more processors; and
a machine-readable medium including instructions stored herein, which when executed by the one or more processors, cause the one or more processors to perform operations comprising:
16. A non-transitory computer-readable medium including computer program code, which when executed by at least one processor, causes operations comprising:
18. A non-transitory computer-readable medium having computer-executable instructions stored thereon for execution by a processor to perform a method, the method comprising:
receiving input data, the input data including a request from a user to receive a quote regarding a property and a location identifier associated with the property, the input data received from a client device using a client application;
receiving input data including a request from a user to receive a quote regarding a property and a location identifier associated with the property, the input data being received from a client device using a client application;
identify a property using a location identifier;
identifying an address associated with the property using the location identifier associated with the property;
receive image data associated with the property based on the location identifier, the image data including one or more images of the property and thermal imagery;
retrieving one or more aerial images associated with the address using image recognition, the one or more aerial images including thermal imagery and hyperspectral imagery;
receiving image data associated with a property, the image data including one or more images of the property and thermal imagery;
retrieving one or more aerial images associated with an address of the property by identifying the one or more aerial images from a database using the location identifier associated with the property, the one or more aerial images including thermal imagery and hyperspectral imagery and one or more images of an exterior of the property or surrounding areas;
generate property characteristic data using the one or more images of the property;
generating chemical composition data associated with the property by executing a hyperspectral imaging algorithm applied to the hyperspectral imagery associated with the property;
generating characteristic data using the one or more images of the property;
generating chemical composition data associated with the property by executing a hyperspectral imaging algorithm applied to the hyperspectral imagery associated with the property;
generate energy leakage data associated with the property by executing an image recognition algorithm applied to the thermal imagery associated with the property;
generating energy leakage data associated with the property by executing an image recognition algorithm applied to the thermal imagery associated with the property;
generating energy leakage data associated with the property by executing an image recognition algorithm applied to the thermal imagery associated with the property;
generating energy leakage data associated with the property by executing an image recognition algorithm applied to the thermal imagery associated with the property;
generate wear data by comparing the energy leakage data to one or more indexes;
generating wear data regarding the property by comparing the chemical composition data and the energy leakage data to one or more indexes;
generating wear data by comparing the energy leakage data to one or more known indexes; and
generating wear data regarding the property by comparing the chemical composition data and the energy leakage data to one or more indexes;
generating a coverage result regarding the property in response to the request from the user in real time by applying the wear data generated from the one or more aerial images to one or more rules or criteria, the coverage result generated in response to the request in real time;
generating a coverage result for the property at least in part based on applying the wear data to one or more rules of criteria, the coverage result generated in response to the request from the user in real time;
generate output data using the wear data and the property characteristic data; and
generating output data, the output data including the coverage result; and
generating output data using the wear data and the characteristic data.
generating output data, the output data including the coverage result; and
transmit the output data to a computing device to cause the computing device to indicate the output data.
providing the output data to the client application to cause display of the coverage result on the client device.
providing the output data to the client application to cause display of the coverage result on the client device.
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 2-21 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. (MPEP 2106). The claims are directed to a method, system, and apparatus which is one of the statutory categories of invention (Step 1: YES). The recitation of the claimed invention is analyzed as follows, in which the abstract elements are boldfaced.
Claim 2 recites the limitations of:
A system for performing a property inspection, the system including: at least one processor; and a machine-readable medium storing instructions, which when executed by the at least one processor, causes the system to perform operations comprising: identify a property using a location identifier;
receive image data associated with the property based on the location identifier, the image data including one or more images of the property and thermal imagery;
generate property characteristic data using the one or more images of the property;
generate energy leakage data associated with the property by executing an image recognition algorithm applied to the thermal imagery associated with the property;
generate wear data by comparing the energy leakage data to one or more indexes;
generate output data using the wear data and the property characteristic data; and
transmit the output data to a computing device to cause the computing device to indicate the output data.
Claim 16 recites the limitations of:
A non-transitory computer-readable medium including computer program code, which when executed by at least one processor, causes operations comprising: receiving image data associated with a property, the image data including one or more images of the property and thermal imagery;
generating characteristic data using the one or more images of the property;
generating energy leakage data associated with the property by executing an image recognition algorithm applied to the thermal imagery associated with the property;
generating wear data by comparing the energy leakage data to one or more known indexes; and
generating output data using the wear data and the characteristic data.
The claim as a whole recites a method that, under its broadest reasonable interpretation, covers collecting, analyzing, and transmitting data to facilitate performance of a property inspection to be utilized in determining insurance eligibility and insurance coverage. This is a fundamental economic practice of a financial transaction; a commercial interaction, such as for business relations; and managing personal behavior or relationships or interactions between people, which are certain methods of organizing human activity.
Furthermore, the claims cover the use of a computer system to provide for collecting, analyzing, and transmitting data to facilitate performance of a property inspection to be utilized in determining insurance eligibility and insurance coverage. As the steps could be performed by a human without a computer, the claim limitations fall within the mental processes grouping, and the claim recites an abstract idea.
Thus, the claims recite an abstract idea. (Step 2A, prong 1: YES).
Moreover, the judicial exception is not integrated into a practical application. Other than reciting a “A system for performing a property inspection, the system including: at least one processor; and a machine-readable medium storing instructions, which when executed by the at least one processor, causes the system to perform operations comprising:”, “a computing device”, and “A non-transitory computer-readable medium including computer program code, which when executed by at least one processor, causes operations comprising:”, to perform the steps of “identifying” and “generating”, nothing in the claim elements preclude the steps from practically being a certain method for organizing human activity or mental process. The claim as a whole does not integrate the judicial exception into a practical application. The claim merely describes how to generally “apply” the concept of collecting, analyzing, and transmitting data to facilitate performance of a property inspection to be utilized in determining insurance eligibility and insurance coverage in a computer environment. The additional computer elements recited in the claim limitations are recited at a high-level of generality such that it amounts to no more than mere instructions to apply the exception utilizing generic computer components.
For example, the Specification discloses “[0024] In some example implementations, electronic devices 102, 104, 106 can be computing devices such as laptop or desktop computers, smartphones, PDAs, portable media players, tablet computers, or other appropriate computing devices. In some examples, electronic devices 102, 104, 106 have an image capturing capability. In the example of FIG. 1, electronic device 102 is depicted as a smartphone, electronic device 104 is depicted as a desktop computer and electronic device 106 is depicted as a Personal Digital Assistant (PDA).” “[0044] FIG. 4 conceptually illustrates an electronic system with which some implementations of the subject technology are implemented. Electronic system 400 can be a server, computer, phone, PDA, laptop, tablet computer, television with one or more processors embedded therein or coupled thereto, or any other sort of electronic device. Such an electronic system includes various types of computer readable media and interfaces for various other types of computer readable media. Electronic system 400 includes a bus 408, processing unit(s) 412, a system memory 404, a read-only memory (ROM) 410, a permanent storage device 402, an input device interface 414, an output device interface 406, and a network interface 416.”
Thus, the specification supports that general purpose computers or computer components are utilized to implement the steps of the abstract idea.
Merely implementing the abstract idea on a generic computer is not a practical application of the abstract idea. The claim as a whole, in viewing the additional elements both individually and in combination, does not integrate the judicial exception into a practical application. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. (Step 2A prong two: No)
The claim does not include additional elements, when considered both individually and as an ordered combination, 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 of using “A system for performing a property inspection, the system including: at least one processor; and a machine-readable medium storing instructions, which when executed by the at least one processor, causes the system to perform operations comprising:”, “a computing device”, and “A non-transitory computer-readable medium including computer program code, which when executed by at least one processor, causes operations comprising:”, to perform the steps of “identifying” and “generating”, amounts to no more than mere instructions to apply the exception using generic computer component. The claim merely describes how to generally “apply” the concept of collecting, analyzing, and transmitting data to facilitate performance of a property inspection to be utilized in determining insurance eligibility and insurance coverage in a computer environment. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. Such additional elements are determined to not contain an inventive concept according to MPEP 2106.05(f). It should be noted that (1) the “recitation of claim limitations that attempt to cover any solution to an identified problem with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result, does not provide significantly more because this type of recitation is equivalent to the words “apply it”, and (2) “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, commercial interaction, or managing personal behavior or relationships or interactions between people, mental process, or mathematical calculation) does not integrate a judicial exception into a practical application or provide significantly more”.
Claim 9 is substantially similar to claim 2, thus, it is rejected on similar grounds.
Furthermore, claims 4, 11, and 18 recite the additional elements of “an image capturing apparatus”.
For similar reasons as explained above with regard to claim 2, under Step 2A, prong two, these additional elements are merely applying generic computer components to implement the abstract idea. Under Step 2B, when viewing the additional elements individually and in combination, the additional elements do not amount to an inventive concept amounting to significantly more than the judicial exception itself as the claimed computer-related technologies are mere tools for implementing the abstract idea as explained with regard to claim 2.
Dependent claims 3-8, 10-15, and 17-21 merely limit the abstract idea and do not recite any further additional elements beyond the cited abstract idea and the elements addressed above, thus, they do not amount to significantly more. The dependent claims are abstract for the reasons presented above because there are no additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Thus, the dependent claims are directed to an abstract idea. (Step 2B: No)
Therefore, claims 2-21 are not patent-eligible.
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 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 2-21 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Phan, U.S. Patent Application Publication Number 2016/0148363.
As per claim 2,
Phan explicitly teaches:
A system for performing a property inspection, the system including: at least one processor; and a machine-readable medium storing instructions, which when executed by the at least one processor, causes the system to perform operations comprising: identify a property using a location identifier;
(Phan US20160148363 at paras. 4-10, 36-40, 103-110) ("Example 1 [0103] FIGS. 5 and 6 show screenshots of an app (top), which displays homes adjacent to one another. A user of the app has selected a home from the app. Upon selection, the app displays a thermal image of the home (bottom) to the user. Each app provides an address of the building and indicates that there are 24 vertical images associated with a given building. Example 2 [0104] FIGS. 7-16 show example reports that can be generated by a system programmed to obtain sets of images from a house and analyze the sets of images. The system can be the server 401 of FIG. 4. The reports can be generated for a user, such as an owner of the house. The reports can be presented by way of an overall assessment of the house of the user.")
receive image data associated with the property based on the location identifier, the image data including one or more images of the property and thermal imagery;
(Phan US20160148363 at paras. 4-10, 35-37, 103-110) ("Example 1 [0103] FIGS. 5 and 6 show screenshots of an app (top), which displays homes adjacent to one another. A user of the app has selected a home from the app. Upon selection, the app displays a thermal image of the home (bottom) to the user. Each app provides an address of the building and indicates that there are 24 vertical images associated with a given building. Example 2 [0104] FIGS. 7-16 show example reports that can be generated by a system programmed to obtain sets of images from a house and analyze the sets of images. The system can be the server 401 of FIG. 4. The reports can be generated for a user, such as an owner of the house. The reports can be presented by way of an overall assessment of the house of the user.")
generate property characteristic data using the one or more images of the property;
(Phan US20160148363 at paras. 6-10) ("[0006] Systems and methods of the present disclosure can identify various structural parameters, such as, for example, poor insulation, energy efficiency, latent structural features, structural fitness (or lack thereof). In some situations, methods of the present disclosure can be employed to detect latent structural features, which can be used to assess energy efficiency. [0007] An aspect of the present disclosure provides a method for analyzing a structure. A first set of images of a structure is captured in a first range of wavelengths (for example, 350 nm to 1.2 μm) with a vehicle mounted image capture device while the vehicle is moving. A second set of images of the structure in a second range of wavelengths (for example, 8 μm to 12 μm) is similarly captured. A single vehicle mounted capture device may capture images in both the wavelength ranges, or multiple image capture devices may be used. A single set of images may comprise at least one image. One or more properties of the structure are determined based on the captured first and second set of images. The one or more properties of the structure may comprise structural, heating, and energy information. And, the one or more properties may be determined by comparing the captured first and second set of images with a separate set of data to infer the structural, heating, and energy information. This separate set of data may comprise one or more of public geographic information service (GIS) data, private GIS data, demographic data, self-reported homeowner information, and manual energy audit information. One or more fixes and improvements may be suggested based on the determined properties.")
generate energy leakage data associated with the property by executing an image recognition algorithm applied to the thermal imagery associated with the property;
(Phan US20160148363 at paras. 88-89) ("[0088] With the aid of a server (e.g., server 401 of FIG. 4) of the system, the processed images together with the other data can be used to estimate one or more properties about the structure. In some cases, the material used to form the structure can be estimated by correlating a shape of the structure and loss information (e.g., as may be gleaned from the collected images) associated with the structure with that of known structures having known materials. For example, the server can determine whether the structure has a vapor barrier or determine the type of insulation of the structure. This can enable the server to recommend remedial measures to the user, such as the installation of a vapor barrier or a given type of insulation to decrease heat loss. [0089] In some situations, the server can estimate physical, tangible qualities about the structure. Next, the server can estimate a fitness of items (e.g., whether a vapor barrier been installed correctly, whether insulation been installed correctly). Based on these features, the server can estimate an R-value of the total envelope of the structure (e.g., whether the structure is adequately insulated) and consumption and utility cost.")
generate wear data by comparing the energy leakage data to one or more indexes;
(Phan US20160148363 at paras. 7-10, 38-39, 103-110) ("[0008] Various structural properties may be determined based on the above steps. The structural, heating, and energy information determined may include one or more of a presence of insulation, a type and effectiveness of the insulation, a presence of vapor barriers, a presence of baseboard heaters, wear and tear of structural features, weathering of structural features, a presence of cracks, structural integrity, a presence of gas leaks, a presence of water leaks, a presence of heat leaks, a presence of roof degradation, a presence of water damage, structural degradation, sagging insulation, improperly installed insulation, defective insulation, thermal emissivity, a presence or fitness of windows, a presence or fitness of roofing material, a presence or fitness of cladding (e.g., siding, brick), R-value, and wetness (e.g., the degree of wetness). The one or more properties of the structure may comprise energy flux per leak, which may be computed based on the inferred structural, heating, and energy information. The one or more properties of the structure may also comprise an energy consumption rate of the structure. The energy consumption rate may be compared with a second energy consumption rate of the structure from an energy audit, utility data, or database information of the structure.")
generate output data using the wear data and the property characteristic data; and
(Phan US20160148363 at paras. 38-39, 112-114) ("[0113] FIG. 15 is a report with insights on the total cost of ownership (TCO) and potential savings. The TCO takes into account the principal cost (“Principal), associated interest (“Interest”) and taxes (“Taxes”), insurance costs (“Insurance”), energy costs (“Energy”) and cost of commute (“Commute”). The TCO of the user ($44,716) is displayed against a national average ($25,227). The national average can be generated by comparing the house of the user to similar homes, in some cases in similar areas. A bottom portion of the report shows examples of approaches that the user can take to potentially reduce the TCO of the user. The approaches include minimizing interest, taxes, insurance, energy and commute. The report indicates that the user can potentially reduce the TCO by $7,625 on an annual basis.")
transmit the output data to a computing device to cause the computing device to indicate the output data.
(Phan US20160148363 at paras. 85-87) ("[0086] Systems of the present disclosure (e.g., the serve 401) can generate reports. Such reports can be displayed on an app on an electronic device of a user, or provided to the user on a physical medium. A report can include a summary of any structural defects and/or identify any losses associated with a structure of the user or a structure of interest to the user (e.g., a home of the user, a home of potential or planned purchase by the user). The report can also include a total cost of ownership associated with the structure (see below).")
As per claim 3,
Phan explicitly teaches:
wherein the machine-readable medium stores further instructions, which when executed by the at least one processor, further causes the system to perform operations comprising: receive hyperspectral imagery associated with the property; and generate chemical composition data associated with the property by executing a hyperspectral imaging algorithm applied to the hyperspectral imagery, the output data generated using the chemical composition data.
(Phan US20160148363 at paras. 38-39, 126) ("[0038] A method for analyzing a structure comprises capturing a first set of images of the structure in a first range of wavelengths of light with an image capture device mounted on a vehicle, and capturing a second set of images of the structure in a second range of wavelengths of light with the image capture device. The first and second sets of images can be captured while the vehicle is moving. In some situations, the first and second sets of images can be captured while the vehicle is moving adjacent to the structure. With the aid of a computer processor, one or more properties of the structure can be calculated based on the captured first and second set of images. For example, the images can be digitized and analyzed to determine thermal losses and structural defects of the structure." "[0039] The one or more properties of the structure can comprise structural, heating, and energy consumption information. In some situations, the one or more properties are determined by comparing the captured first and second set of images with a separate set of data to infer the structural, heating, and energy information. The separate set of data can include one or more of public geographic information service (GIS) data, private GIS data, demographic data, self-reported homeowner information, and manual energy audit information. The structural, heating, and energy consumption information can include one or more of a presence of insulation, a type and effectiveness of the insulation, a presence of vapor barriers, a presence of baseboard heaters, wear and tear of structural features, weathering of structural features, a presence of cracks, structural integrity, a presence of gas leaks, a presence of water leaks, a presence of heat leaks, a presence of roof corrosion (or degradation), a presence of water damage, structural degradation, thermal emissivity, a presence or fitness of windows, a presence or fitness of roofing material, a presence or fitness of cladding (e.g., siding, brick), R-value, and wetness.")
As per claim 4,
Phan explicitly teaches:
wherein the machine-readable medium stores further instructions, which when executed by the at least one processor, further causes the system to perform operations comprising: generate a command to cause an image capturing apparatus to obtain the image data using the location identifier.
(Phan US20160148363 at paras. 37-41, 44-46, 126-128) ("[0045] The first and second sets of images can be captured using imaging sensors that are tuned to the respective wavelengths of light. The sensors can be tuned to, for example, the infrared (IR) portion of the electromagnetic spectrum, the ultraviolet portion of the electromagnetic spectrum, or the visible portion of the electromagnetic spectrum. As an alternative, or in addition to, the image capture device can be configured for light detection and ranging laser imaging detection and ranging (LIDAR), radio detection and ranging (RADAR), detecting x-rays, and/or detecting electrons." "[0038] A method for analyzing a structure comprises capturing a first set of images of the structure in a first range of wavelengths of light with an image capture device mounted on a vehicle, and capturing a second set of images of the structure in a second range of wavelengths of light with the image capture device. The first and second sets of images can be captured while the vehicle is moving. In some situations, the first and second sets of images can be captured while the vehicle is moving adjacent to the structure." "Geolocation (e.g., GPS) data is also imported into the system and used to geotag vertical panoramas and match vertical panoramas to buildings. Next, from a given processed image, the average surface temperature of the building is calculated and an internal temperature of the building is inferred. Next, the building surface heat flow is calculated. The energy use of the building within a given time period (e.g., annual) is then calculated. Such information is used to calculate a raw energy score that is a function of the energy use of the building with the given time period. The raw energy score is then converted to a percentile.")
As per claim 5,
Phan explicitly teaches:
wherein the one or more images include aerial image data.
(Phan US20160148363 at paras. 39-41) ("[0040] In some situations, information gleaned from images captured by the image capture device can be combined with information gleaned from aerial images. The aerial images can include images of the structure imaged, which can identify defects and losses from locations of the structure that are not capable of being imaged from the image capture device onboard the vehicle. For example, aerial images can identify structural defects on a roof and/or chimney of the structure.")
As per claim 6,
Phan explicitly teaches:
wherein the property characteristic data includes at least one of a size of at least a portion of the property, property information, a size of at least a portion of one or more structures on the property, or at least one construction component of the one or more structures.
(Phan US20160148363 at paras. 6-10) ("[0006] Systems and methods of the present disclosure can identify various structural parameters, such as, for example, poor insulation, energy efficiency, latent structural features, structural fitness (or lack thereof). In some situations, methods of the present disclosure can be employed to detect latent structural features, which can be used to assess energy efficiency. [0007] An aspect of the present disclosure provides a method for analyzing a structure. A first set of images of a structure is captured in a first range of wavelengths (for example, 350 nm to 1.2 μm) with a vehicle mounted image capture device while the vehicle is moving. A second set of images of the structure in a second range of wavelengths (for example, 8 μm to 12 μm) is similarly captured. A single vehicle mounted capture device may capture images in both the wavelength ranges, or multiple image capture devices may be used. A single set of images may comprise at least one image. One or more properties of the structure are determined based on the captured first and second set of images. The one or more properties of the structure may comprise structural, heating, and energy information. And, the one or more properties may be determined by comparing the captured first and second set of images with a separate set of data to infer the structural, heating, and energy information. This separate set of data may comprise one or more of public geographic information service (GIS) data, private GIS data, demographic data, self-reported homeowner information, and manual energy audit information. One or more fixes and improvements may be suggested based on the determined properties.")
As per claim 7,
Phan explicitly teaches:
wherein the output data includes a coverage decision.
(Phan US20160148363 at paras. 112-114) ("[0113] FIG. 15 is a report with insights on the total cost of ownership (TCO) and potential savings. The TCO takes into account the principal cost (“Principal), associated interest (“Interest”) and taxes (“Taxes”), insurance costs (“Insurance”), energy costs (“Energy”) and cost of commute (“Commute”). The TCO of the user ($44,716) is displayed against a national average ($25,227). The national average can be generated by comparing the house of the user to similar homes, in some cases in similar areas. A bottom portion of the report shows examples of approaches that the user can take to potentially reduce the TCO of the user. The approaches include minimizing interest, taxes, insurance, energy and commute. The report indicates that the user can potentially reduce the TCO by $7,625 on an annual basis.")
As per claim 8,
Phan explicitly teaches:
wherein the location identifier includes at least one of latitude and longitude information or an address.
(Phan US20160148363 at paras. 4-10, 37-40, 103-110) ("Example 1 [0103] FIGS. 5 and 6 show screenshots of an app (top), which displays homes adjacent to one another. A user of the app has selected a home from the app. Upon selection, the app displays a thermal image of the home (bottom) to the user. Each app provides an address of the building and indicates that there are 24 vertical images associated with a given building. Example 2 [0104] FIGS. 7-16 show example reports that can be generated by a system programmed to obtain sets of images from a house and analyze the sets of images. The system can be the server 401 of FIG. 4. The reports can be generated for a user, such as an owner of the house. The reports can be presented by way of an overall assessment of the house of the user.")
As per claim 16,
Phan explicitly teaches:
A non-transitory computer-readable medium including computer program code, which when executed by at least one processor, causes operations comprising: receiving image data associated with a property, the image data including one or more images of the property and thermal imagery;
(Phan US20160148363 at paras. 4-10, 35-37, 103-110) ("Example 1 [0103] FIGS. 5 and 6 show screenshots of an app (top), which displays homes adjacent to one another. A user of the app has selected a home from the app. Upon selection, the app displays a thermal image of the home (bottom) to the user. Each app provides an address of the building and indicates that there are 24 vertical images associated with a given building. Example 2 [0104] FIGS. 7-16 show example reports that can be generated by a system programmed to obtain sets of images from a house and analyze the sets of images. The system can be the server 401 of FIG. 4. The reports can be generated for a user, such as an owner of the house. The reports can be presented by way of an overall assessment of the house of the user.")
generating characteristic data using the one or more images of the property;
(Phan US20160148363 at paras. 6-10) ("[0006] Systems and methods of the present disclosure can identify various structural parameters, such as, for example, poor insulation, energy efficiency, latent structural features, structural fitness (or lack thereof). In some situations, methods of the present disclosure can be employed to detect latent structural features, which can be used to assess energy efficiency. [0007] An aspect of the present disclosure provides a method for analyzing a structure. A first set of images of a structure is captured in a first range of wavelengths (for example, 350 nm to 1.2 μm) with a vehicle mounted image capture device while the vehicle is moving. A second set of images of the structure in a second range of wavelengths (for example, 8 μm to 12 μm) is similarly captured. A single vehicle mounted capture device may capture images in both the wavelength ranges, or multiple image capture devices may be used. A single set of images may comprise at least one image. One or more properties of the structure are determined based on the captured first and second set of images. The one or more properties of the structure may comprise structural, heating, and energy information. And, the one or more properties may be determined by comparing the captured first and second set of images with a separate set of data to infer the structural, heating, and energy information. This separate set of data may comprise one or more of public geographic information service (GIS) data, private GIS data, demographic data, self-reported homeowner information, and manual energy audit information. One or more fixes and improvements may be suggested based on the determined properties.")
generating energy leakage data associated with the property by executing an image recognition algorithm applied to the thermal imagery associated with the property;
(Phan US20160148363 at paras. 88-89) ("[0088] With the aid of a server (e.g., server 401 of FIG. 4) of the system, the processed images together with the other data can be used to estimate one or more properties about the structure. In some cases, the material used to form the structure can be estimated by correlating a shape of the structure and loss information (e.g., as may be gleaned from the collected images) associated with the structure with that of known structures having known materials. For example, the server can determine whether the structure has a vapor barrier or determine the type of insulation of the structure. This can enable the server to recommend remedial measures to the user, such as the installation of a vapor barrier or a given type of insulation to decrease heat loss. [0089] In some situations, the server can estimate physical, tangible qualities about the structure. Next, the server can estimate a fitness of items (e.g., whether a vapor barrier been installed correctly, whether insulation been installed correctly). Based on these features, the server can estimate an R-value of the total envelope of the structure (e.g., whether the structure is adequately insulated) and consumption and utility cost.")
generating wear data by comparing the energy leakage data to one or more known indexes; and
(Phan US20160148363 at paras. 7-10, 38-39, 103-110) ("[0008] Various structural properties may be determined based on the above steps. The structural, heating, and energy information determined may include one or more of a presence of insulation, a type and effectiveness of the insulation, a presence of vapor barriers, a presence of baseboard heaters, wear and tear of structural features, weathering of structural features, a presence of cracks, structural integrity, a presence of gas leaks, a presence of water leaks, a presence of heat leaks, a presence of roof degradation, a presence of water damage, structural degradation, sagging insulation, improperly installed insulation, defective insulation, thermal emissivity, a presence or fitness of windows, a presence or fitness of roofing material, a presence or fitness of cladding (e.g., siding, brick), R-value, and wetness (e.g., the degree of wetness). The one or more properties of the structure may comprise energy flux per leak, which may be computed based on the inferred structural, heating, and energy information. The one or more properties of the structure may also comprise an energy consumption rate of the structure. The energy consumption rate may be compared with a second energy consumption rate of the structure from an energy audit, utility data, or database information of the structure.")
generating output data using the wear data and the characteristic data.
(Phan US20160148363 at paras. 38-39, 112-114) ("[0113] FIG. 15 is a report with insights on the total cost of ownership (TCO) and potential savings. The TCO takes into account the principal cost (“Principal), associated interest (“Interest”) and taxes (“Taxes”), insurance costs (“Insurance”), energy costs (“Energy”) and cost of commute (“Commute”). The TCO of the user ($44,716) is displayed against a national average ($25,227). The national average can be generated by comparing the house of the user to similar homes, in some cases in similar areas. A bottom portion of the report shows examples of approaches that the user can take to potentially reduce the TCO of the user. The approaches include minimizing interest, taxes, insurance, energy and commute. The report indicates that the user can potentially reduce the TCO by $7,625 on an annual basis.")
Claims 9-15 are substantially similar to claims 2-8, thus, they are rejected on similar grounds.
Claims 17-21 are substantially similar to claims 3-7, thus, they are rejected on similar grounds.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is available for review on Form PTO-892 Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERRITT J HASBROUCK whose telephone number is (571)272-3109. The examiner can normally be reached M-F 9:00-5:00.
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/MERRITT J HASBROUCK/Examiner, Art Unit 3695
/CHRISTINE M Tran/Supervisory Patent Examiner, Art Unit 3695