DETAILED ACTION
This non final office action is in response to applicant’s filing of application number 19/127,220 on 05/5/2025. Claims 1-20 are pending and under examination.
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 .
Information Disclosure Statement
The Information Disclosure Statements filed on 5/5/2025 have been considered. Initialed copies of the Form 1449 are enclosed herewith.
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 a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Subject Matter Eligibility Standard
Under the 35 U.S.C. §101 subject matter eligibility two-part analysis, Step 1 addresses whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. See MPEP §2106.03. If the claim does fall within one of the statutory categories, it must then be determined in Step 2A [prong 1] whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea). See MPEP §2106.04. If the claim is directed toward a judicial exception, it must then be determined in Step 2A [prong 2] whether the judicial exception is integrated into a practical application. See MPEP §2106.04(d). Finally, if the judicial exception is not integrated into a practical application, it must additionally be determined in Step 2B whether the claim recites "significantly more" than the abstract idea. See MPEP §2106.05.
Examiner’s note: The Office's 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) is currently found in the Ninth Edition, Revision 10.2019 (revised June 2020) of the Manual of Patent Examination Procedure (MPEP), specifically incorporated in MPEP §2106.03 through MPEP §2106.07(c).
Under Step One: Claims 1-7 are directed to a method (i.e., a process. Claims 8-14 are directed to a system (i.e., a machine). Claims 15-20 are directed to an apparatus. Each of the claims falls under one of the four statutory classes of invention.
If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea). Thus, the claims fall under one of the four statutory classes of invention under step One.
The claims recite the limitations in the abstract idea highlighted in non-bold and the additional elements in bold.
Claim 1 recites:
generating a questionnaire for determining preference information relating to a real estate development project;
determining a plurality of candidate users according to a candidate criteria;
presenting, via a graphical user interface, the questionnaire to the plurality of candidate users to collect the preference information;
analyzing the preference information with respect to a project criteria for the real estate development project; and
outputting project data for the real estate development project based on the analysis, wherein the project date includes architectural information.
Claim 2 further recites:
determining potential consumers of the real estate development project based on the analysis.
Claim 3 further recites:
predicting performance of the real estate development project based on the analysis.
Claim 4 further recites wherein the preference information relates to location, location attributes, building and unit attributes, building amenities, or a combination thereof.
Claim 5 further recites wherein the questionnaire includes questions pertaining to preferences, behavior, attitude, lifestyle interests, and lifestage, the method further comprising:
receiving responses to the questionnaire associated with the plurality of candidate users; and training a machine learning model using the responses to produce a new questionnaire.
Claim 6 further recites:
ingesting market data from a plurality of data sources; and modeling performance of the real estate development project based on the analysis and the market data.
Claim 7 further recites wherein the candidate criteria is based on geo-demographic information, and psychographic information.
Claim 8 recites:
a memory configured to store computer-executable instructions; and one or more processors configured to execute the instructions to:
generate a questionnaire for determining preference information relating to a real estate development project;
determine a plurality of candidate users according to a candidate criteria;
present, via a graphical user interface, the questionnaire to the plurality of candidate users to collect the preference information; analyze the preference information with respect to a project criteria for the real estate development project;
and
output project data for the real estate development project based on the analysis, wherein the project date includes architectural information.
Claim 9 recites determine potential consumers of the real estate development project based on the analysis.
Claim 10 further recites wherein the one or more processors are further configured to execute the instructions to: predict performance of the real estate development project based on the analysis.
Claim 11 further recites wherein the preference information relates to location, location attributes, building and unit attributes, building amenities, or a combination thereof.
Claim 12 further recites wherein the questionnaire includes questions pertaining to preferences, behavior, attitude, lifestyle interests, and lifestage, wherein the one or more processors are further configured to execute the instructions to: receive responses to the questionnaire associated with the plurality of candidate users; and train a machine learning model using the responses to produce a new questionnaire.
Claim 13 further recites ingest market data from a plurality of data sources; and model performance of the real estate development project based on the analysis and the market data.
Claim 14 further recites wherein the candidate criteria is based on geo-demographic information, and psychographic information.
Claim 15 further recites:
at least one processor; and at least one memory including computer program code for one or more programs, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to perform at least the following, generate a questionnaire for determining preference information relating to a real estate development project;
determine a plurality of candidate users according to a candidate criteria;
present, via a graphical user interface, the questionnaire to the plurality of candidate users to collect the preference information;
analyze the preference information with respect to a project criteria for the real estate development project; and output project data for the real estate development project based on the analysis, wherein the project date includes architectural information.
Claim 16 further recites determine potential consumers of the real estate development project based on the analysis.
Claim 17 further recites predict performance of the real estate development project based on the analysis.
Claim 18 further recites wherein the preference information relates to location, location attributes, building and unit attributes, building amenities, or a combination thereof, wherein the questionnaire includes questions pertaining to preferences, behavior, attitude, lifestyle interests, and lifestage,
receive responses to the questionnaire associated with the plurality of candidate users; and
train a machine learning model using the responses to produce a new questionnaire.
Claim 19 further recites ingest market data from a plurality of data sources; and
model performance of the real estate development project based on the analysis and the market data.
Claim 20 further recites wherein the candidate criteria is based on geo-demographic information, and psychographic information.
Regarding claims 1, 8 and 15, applicant is to be noted that the steps or function of “receiving" are considered as data gathering functions. The step or functions of “causing” and “determining” , involve mental processes and/or generic computer functions.
Claims 1, 8, and 15 are found to include at least one judicial exception, that the resent claims recite steps that can be performed using the human mind, pen, and paper. According to the 2019 Revised Guidance, concepts performed in the human mind (including an observation, evaluation, judgement, or opinion) fall into the category of mental processes. See 2019 Revised Guidance, 84 Fed. Reg. at 52.
The claims as a whole integrate the recited judicial exception(s) into a practical application of the exception. This evaluation is performed by (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (b) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application.2019 PEG Section III(A)(2), 84 Fed. Reg. at 54-55. In particular, the claims recite the following bolded limitations understood to be additional limitations:
Claims 1 recites a graphical user interface. Claims 8 recites “a memory configured to store computer-executable instructions; and one or more processors configured to execute the instructions”, and Claim 15 recites " a processor; and at least one memory including computer program code for one or more programs, the at least one memory and the computer program code configured to, with the at least one processor, and a graphical user interface," In particular, the claimed "processor" is recited at a high level of generality such that they amount to no more than mere instructions to apply the exception using a generic component.
Accordingly, the 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. The claimed "processor" is also seen as generic computer components for identifying, retrieving, generating and transmitting data as the processor performs generic functions without an inventive concept as such do not amount to significantly more than the abstract idea. The additional element of a graphical user interface is merely as tools to perform the generic computer functions including receiving, manipulating, and transmitting interaction data over a network.
The claimed processor as claimed elements is interpreted as being recited at a high level of generality and even if the claims recited in the affirmative. The type of data being manipulated does not impose meaningful limitations or render the idea less abstract. Looking at the elements as a combination does not add anything more than the elements analyzed individually.
Therefore, the claims do not amount to significantly more than the abstract idea itself. Applicant is reminded that a statutory claim would recite an automated machine implemented method or system with specific structures for performing the claimed invention so as to provide 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 an abstract idea to a particular technological environment. Each claim as a whole, does not amount to significantly more than the abstract idea itself. This is because each claim does not effect an improvement to another technology or technical field; the claim does not amount to an improvement to the functioning of a computer itself; and the claim does not move beyond a general link of the use of an abstract idea to a particular technological environment.
Accordingly, claims 1, 8, and 15 are directed to an abstract idea.
The dependent claim(s) when analyzed and each taken as a whole are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitations) fail(s) to establish that the claim(s) is/are not directed to an abstract idea.
The above recited limitations provide meaningful limitations that transforms the abstract idea into patent eligible. The claims as a whole effect an improvement to another technology or technical field. These limitations in combination provide meaningful limitations beyond generally linking the use of the abstract idea to a practical application.
Claim Rejections- 35 USC§ 102
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)(l) 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.
7. Claims 1-4, 6-11 and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Revestor LLC (US Publication No. 2017/0243296, hereinafter referred to "Revestor").
Regarding claim 1, 8 and 15, Revestor discloses:
a system (Paragraph [0002]) a real estate investment system... of controlling a commercial system by generating key investment indicators for an investor) comprising: a memory configured to store computer-executable instructions; and one or more processors (Figure 5); and an apparatus comprising: at least one processor; and at least one memory including computer program code for one or more programs, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to perform at least the following (Figure 5):
generating a questionnaire for determining preference information relating to a real estate development project (Figures 9 and 10);
determining a plurality of candidate users according to a candidate criteria (Paragraph [0016]) Figure 3 illustrates a plurality of members of a real estate based commerce system (Paragraph [0036]). The sale of property creates a special situation that affects most if not all members of the commerce system to a candidate criteria (Paragraph [0099]). Information related to property assets is collected from the members of the commerce system. The members of the commerce system include an owner, renter, utilities, repair and maintenance service, local government, insurance, professional management service, lending institution, real estate agent, multiple listing service, home inspection and appraisal service, title service, legal representation, websites, investor, and investment service provider the investor and investment service provider in part control a decision to conduct a sale transaction for the property asset within the commerce system based on the key investment indicators and investment rating) (Paragraph [0100]);
presenting, via a graphical user interface, the questionnaire to the plurality of candidate users to collect the preference information (Paragraph [0038]). More specifically, the ISP operates and maintains a central database that prioritizes property attributes and optimizes property selection according to the investor's preferences (Paragraph [0049]). An investor can identify search parameters and other criteria relevant to his or her investment strategy (Paragraph [0052]) a search webpage is presented to the investor, as shown in Figure 8. Search webpage allows the investor to make selections and enter data by clicking buttons with a mouse, typing into data fields with the keyboard, or selecting predetermined values from drop-down menus. Alternatively, if the investor accesses the ISP through a mobile application on a mobile device such as a cellular phone, it is possible for the investor to select buttons by using a touch-sensitive display screen on the mobile phone, the search block, the investor selects between residential or commercial ... the investor also enters preferred zip code) (Paragraph [0053]);
analyzing the preference information with respect to a project criteria for the real estate development project (Paragraph [0033]). The ISP gives the investor the ability to search multiple investment properties by property attributes or one or more key investment indicators, such as capitalization rate, debt service ratio, net operating income, cash flow, cash-on-cash return, or return on investment. The key investment
indicators and rankings of properties can be stored and utilized by the investor to identify one or more properties that represent a sound investment based on their particular investment strategy; (Paragraph [0038]) the ISP is a third party service provider that assists the investor with the analysis and evaluation of properties within a commerce system; (Paragraph [0049]) the ISP accesses the central database to generate a report or search results of properties that could be of interest to the investor. The ISP can determine key investment indicators, such as capitalization rate, debt service ratio, net operating income, cash flow, cash-on-cash return, and return on investment, for consideration by the investor; and
outputting project data for the real estate development project based on the analysis, wherein the project date includes architectural information (Paragraph [0033]) the ISP ranks orders each investment property based upon a selected sort field; (Paragraph [0055]). The matching individual properties with investment analysis are presented in a map block and the property blocks sorted in the order specified in the search criteria ... Each property block has summary property information such as a photograph of property photo, city, state, zip code, county, number of bedrooms, number of bathrooms, square footage, number of stories [project date includes architectural information] (Paragraph [0090]). After reviewing the investment analysis for the property, the investor can request investment analysis for properties by clicking on the respective property block in Figure 8. The key investment indicators and rankings of the properties can be stored and utilized by the investor to identify one or more properties that represent a sound investment based on their particular investment strategy) (Paragraph [0101]).
Regarding claims 2, 9 and 16, Revestor discloses, further comprising:
determining potential consumers of the real estate development project based on the analysis (Paragraph [0048]) As the ISP gains acceptance and the investor come to rely on the service to make purchase decisions, an owner will be motivated to provide authorization to disclose private information to the ISP in order to maximize opportunities to find a buyer and the sell property, the selected agent is authorized to make an offer for the property on behalf of the investor (Paragraph [0097]).
Regarding claims 3, 10 and 17, Revestor discloses, further comprising:
predicting performance of the real estate development project based on the analysis (Paragraph [0039]) Economic and financial modeling and planning involves estimation or prediction of the performance and outcome of real systems, given specific sets of input data of interest).
Regarding claims 4 and 11, Revestor discloses, wherein the preference information relates to location, location attributes, building and unit attributes, building amenities, or a combination thereof (See Figure 8).
Regarding claim 6, 13 and 19, Revestor discloses, further comprising:
ingesting market data from a plurality of data sources, multiple listing service (MLS) or other property data service provides a list of properties with attributes available for purchase or leasing (Paragraph [0034]). Home inspection and appraisal service provides a report of the condition of a property, as well as a fair market value [Paragraph [0041]). The ISP collects investment related data from a variety of public and private data sources within a commerce system through an electronic communication network [Paragraph [0058]). The investment analysis proposes an offer price of $245,500.00, monthly fair market rental value of $2000); and
modeling performance of the real estate development project based on the analysis and the market data (Paragraph [0059]). In Figure 12b, the investment analysis for the buy and hold exit strategy proposes a years to hold period of 5 years, future value of $271,031.83, closing costs at sale of $21,684.15, cash flow over 5 years of $20,812.80, acquisition cost of $245,000.00, net profit before taxes and inflation of $24,680.48, and return on investment of 50.37% for the years to hold period, the ISP determines the net operating income as the fair market rent value less the total expenses, usually on a monthly basis. The net operating income is a key investment indicator for the property (Paragraph [0069]).
Regarding claim 7, 14 and 20, Revestor discloses, wherein the candidate criteria is based on geo-demographic information, and psychographic information, the socio-economic factors include affordability, year built, property type, schools, weather patterns, local job market, population growth, tax bracket, property value trends, foreclosure rates, inflation, lost opportunity cost, and exit strategy. The socio-economic factors can be weighted in terms of accuracy or importance to the investor (Paragraph [0092]).
Claim Rejections - 35 USC§ 103
8. 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.
9. 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.
10. Claims 5, 12 and 18 are rejected under 35 U.S.C. 103 as being obvious over
Revestor LLC (US Publication No. 2017/0243296, hereinafter referred to "Revestor").
Regarding Claim 5 and 12, Revestor discloses, wherein the questionnaire includes questions pertaining to preferences, behavior and attitude ([0052]. In an example of an investor using ISP to identify and analyze one or more investment properties, the investor logs into an ISP webpage. A search webpage is presented to the investor, as shown in FIG. 8. A search webpage allows an investor to make selections [questions pertaining to preferences]; [0073]. An ISP can search a number of lenders on behalf of the investor in order to find the best financing terms in light of the investor's credit rating, income, debt to income ratio, and other financial conditions; [0084]. Investor can enter a year to hold value in an exit strategy block based on his or her own plans), the method further comprising:
receiving responses to the questionnaire associated with the plurality of candidate users ([0060]. A central database also contains real estate related information from investor feedback. Investors can provide information after the sale transaction as to the accuracy and relevance of the real estate information in the central database); and
training a machine learning model using the responses to produce a new questionnaire ([0060] ISP updates a central database based on the feedback from the investors who have used the service. The real estate related information in a central database in combination with search and selection criteria entered by investor, as well as sale transaction value overrides by investor, generates the investment analysis).
Revestor fails to explicitly disclose the questionnaire includes questions pertaining to lifestyle interests, and lifestage. Furthermore, the type of questions, "questions pertaining to lifestyle interests, and lifestage", would have been well known in the art and would have involved ordinary skills in the art at the time of the invention.
It would have been obvious to one of ordinary skill in the art before the priority date to modify Revestor with the questions pertaining to lifestyle interests, and lifestage, the motivation being to add robustness data used to create the comprehensive, reliable, and objective investment model or comparative investment service (Revestor [0038]).
Regarding claim 18, Revestor discloses, wherein the preference information relates to location, location attributes, building and unit attributes, building amenities, or a combination thereof (Fig 8), wherein the questionnaire includes questions pertaining to preferences, behavior and attitude (Paragraph [0052]). In an example of an investor using an ISP to identify and analyze one or more investment properties, the investor logs into an ISP webpage. A search webpage is presented to the investor, as shown in
FIG. 8. A Search webpage allows the investor to make selections [questions pertaining to preferences]; (Paragraph [0073]). The ISP can search a number of lenders on behalf of the investor in order to find the best financing terms in light of the investor's credit rating, income, debt to income ratio, and other financial conditions; (Paragraph [0084]), The Investor can enter a years to hold value in an exit strategy block based on his or her own plans), wherein the apparatus is further caused to:
receive responses to the questionnaire associated with the plurality of candidate users (Paragraph [0060]). A Central database also contains real estate related information from investor feedback. Investors can provide information after the sale transaction as to the accuracy and relevance of the real estate information in the central database; and train a machine learning model using the responses to produce a new questionnaire (Paragraph [0060]) updates the central database based on the feedback from the investors who have used the service. The real estate related information in the central database in combination with search and selection criteria entered by the investor, as well as sale transaction value overrides by the investor, generates the investment analysis).
Revestor fails to explicitly disclose the questionnaire includes questions pertaining to lifestyle interests, and lifestage. Furthermore, the type of questions, "questions pertaining to lifestyle interests, and lifestage", would have been well known in the art and would have involved ordinary skills in the art at the time of the invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Revestor with the questions pertaining to lifestyle interests, and lifestage, the motivation being to add robustness data used to create the comprehensive, reliable, and objective investment model or comparative investment service (Revestor [0038]).
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. As per attached PTO 892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROMAIN JEANTY whose telephone number is (571) 272-6732. The examiner can normally be reached M-F 9:00AM to 5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry O'Connor can be reached at 571 272-6787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RJ/
/Romain Jeanty/Primary Examiner, Art Unit 3624
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