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 .
Status of the Claims
Claims 1-20 are currently pending in the present application, with claims 1, 8, and 15 being independent.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 22 April 2025 has been considered by the examiner.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,410,373.
Current Application
US Patent 11,410,373
1. A system comprising:
one or more processors; and one or more memories storing instructions that are executable by the one or more processors for causing the one or more processors to perform operations including:
providing a webpage to a client device of a user, wherein the webpage includes a graphical user interface through which the user can select a pool shape from a set of pool shapes and a pool liner from a set of pool liners;
receiving, via the graphical user interface in the webpage, selections from the user of a particular pool shape in the set of pool shapes and a particular pool liner in the set of pool liners;
identifying a pre-rendered pool image, from a stored set of pre-rendered pool images, depicting the particular pool shape and the particular pool liner selected by the user; and
outputting the identified pre-rendered pool image in the webpage, wherein the pre-rendered pool image depicts a swimming pool that has the particular pool shape and the particular pool liner selected by the user.
1. A system comprising:
a processor; and a memory including instructions that are executable by the processor for causing the processor to:
receive, from a user, selections of (i) a particular liner from among a plurality of liners for a virtual swimming pool, (ii) a particular background setting from among a plurality of background settings in which to depict the virtual swimming pool, and (iii) a particular pool shape for the virtual swimming pool from among a plurality of pool shapes;
based on receiving the selections from the user: access a repository storing a plurality of pre-rendered pool images, each pre-rendered pool image in the plurality of pre-rendered pool images depicting a unique combination of a liner, a background setting, and a pool shape that is different from the other pre-rendered pool images in the plurality of pre-rendered pool images;
identify a pre-rendered pool image from among the plurality of pre-rendered pool images having the particular liner, the particular background setting, and the particular pool shape selected by the user; and retrieve the pre-rendered pool image from the repository;
generate a virtual scene that includes the virtual swimming pool using the pre-rendered pool image, the virtual swimming pool being a three-dimensional (3D) rendering of a swimming pool that has the particular liner and the particular pool shape; output the virtual scene for display on a display device;
determine a geographical location associated with the user; identify one or more sellers of the particular liner that are geographically located within a predefined radius of the geographical location associated with the user; and output an indication of the one or more sellers on the display device.
Although the claims at issue are not identical, they are not patentably distinct from each other because independent claim 1 of the current application is an obvious variant of claim 1 in the issued US Patent. The other minor differences between the claims do not appear to change the scope of the claimed invention.
Similar rationale applies between the other independent claims of the current application and the issued US Patent.
Similar mapping can be performed for the dependent claims in the current application and dependent claims in the US Patent.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,645,808.
Current Application
US Patent 11,645,808
1. A system comprising:
one or more processors; and one or more memories storing instructions that are executable by the one or more processors for causing the one or more processors to perform operations including:
providing a webpage to a client device of a user, wherein the webpage includes a graphical user interface through which the user can select a pool shape from a set of pool shapes and a pool liner from a set of pool liners;
receiving, via the graphical user interface in the webpage, selections from the user of a particular pool shape in the set of pool shapes and a particular pool liner in the set of pool liners;
identifying a pre-rendered pool image, from a stored set of pre-rendered pool images, depicting the particular pool shape and the particular pool liner selected by the user; and
outputting the identified pre-rendered pool image in the webpage, wherein the pre-rendered pool image depicts a swimming pool that has the particular pool shape and the particular pool liner selected by the user.
1. A system comprising:
a processor; and a memory including instructions that are executable by the processor for causing the processor to:
receive a selection, from a user, of a particular pool liner from among a plurality of liners;
receive another selection, from the user, of a particular pool shape from among a plurality of pool shapes;
identify a pre-rendered pool image, from among a plurality of pre-rendered pool images, having the particular pool liner and the particular pool shape selected by the user, wherein each pre-rendered pool image in the plurality of pre-rendered pool images depicts a unique combination of a pool liner and a pool shape that is different from the other pre-rendered pool images in the plurality of pre-rendered pool images; and
output the pre-rendered pool image for display on a display device, the pre-rendered pool image including a virtual swimming pool that has the particular pool liner and the particular pool shape selected by the user.
Although the claims at issue are not identical, they are not patentably distinct from each other because independent claim 1 of the current application is an obvious variant of claim 1 in the issued US Patent. The other minor differences between the claims do not appear to change the scope of the claimed invention.
Similar rationale applies between the other independent claims of the current application and the issued US Patent.
Similar mapping can be performed for the dependent claims in the current application and dependent claims in the US Patent.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,026,821.
Current Application
US Patent 12,026,821
1. A system comprising:
one or more processors; and one or more memories storing instructions that are executable by the one or more processors for causing the one or more processors to perform operations including:
providing a webpage to a client device of a user, wherein the webpage includes a graphical user interface through which the user can select a pool shape from a set of pool shapes and a pool liner from a set of pool liners;
receiving, via the graphical user interface in the webpage, selections from the user of a particular pool shape in the set of pool shapes and a particular pool liner in the set of pool liners;
identifying a pre-rendered pool image, from a stored set of pre-rendered pool images, depicting the particular pool shape and the particular pool liner selected by the user; and
outputting the identified pre-rendered pool image in the webpage, wherein the pre-rendered pool image depicts a swimming pool that has the particular pool shape and the particular pool liner selected by the user.
1. A system comprising:
one or more processors; and one or more memories including instructions that are executable by the one or more processors for causing the one or more processors to:
receive a selection, from a user, of a particular pool liner from among a plurality of liners;
identify a pre-rendered pool image having the particular pool liner selected by the user from among a plurality of pre-rendered pool images, wherein each pre-rendered pool image in the plurality of pre-rendered pool images depicts a respective pool liner that is different than the other pre-rendered pool images in the plurality of pre-rendered pool images; and
output the pre-rendered pool image for display on a display device, the pre-rendered pool image including a virtual swimming pool that has the particular pool liner selected by the user.
Although the claims at issue are not identical, they are not patentably distinct from each other because independent claim 1 of the current application is an obvious variant of claim 1 in the issued US Patent. The other minor differences between the claims do not appear to change the scope of the claimed invention.
Similar rationale applies between the other independent claims of the current application and the issued US Patent.
Similar mapping can be performed for the dependent claims in the current application and dependent claims in the US Patent.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,307,574.
Current Application
US Patent 12,307,574
1. A system comprising:
one or more processors; and one or more memories storing instructions that are executable by the one or more processors for causing the one or more processors to perform operations including:
providing a webpage to a client device of a user, wherein the webpage includes a graphical user interface through which the user can select a pool shape from a set of pool shapes and a pool liner from a set of pool liners;
receiving, via the graphical user interface in the webpage, selections from the user of a particular pool shape in the set of pool shapes and a particular pool liner in the set of pool liners;
identifying a pre-rendered pool image, from a stored set of pre-rendered pool images, depicting the particular pool shape and the particular pool liner selected by the user; and
outputting the identified pre-rendered pool image in the webpage, wherein the pre-rendered pool image depicts a swimming pool that has the particular pool shape and the particular pool liner selected by the user.
1. A system comprising:
one or more processors; and one or more memories including instructions that are executable by the one or more processors for causing the one or more processors to:
receive a selection, from a user, of a particular pool cover from among a plurality of pool covers;
identify a pre-rendered pool image having the particular pool cover selected by the user from among a plurality of pre-rendered pool images, wherein each pre-rendered pool image in the plurality of pre-rendered pool images depicts a respective pool cover that is different than the other pre-rendered pool images in the plurality of pre-rendered pool images; and
output the pre-rendered pool image for display on a display device, the pre-rendered pool image including a virtual swimming pool that has the particular pool cover selected by the user.
Although the claims at issue are not identical, they are not patentably distinct from each other because independent claim 1 of the current application is an obvious variant of claim 1 in the issued US Patent. The other minor differences between the claims do not appear to change the scope of the claimed invention.
Similar rationale applies between the other independent claims of the current application and the issued US Patent.
Similar mapping can be performed for the dependent claims in the current application and dependent claims in the US Patent.
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 3, 4, rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to claim 3, given the broadest reasonable interpretation of the claimed limitation in light of the corresponding disclosure, the scope of the claimed limitation is unclear. For instance, it is not immediately clear as to who or what is transmitting the client-side code to the client device. The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
Claims 10 and 17 recite substantially similar limitations as to that of claim 3 and are accordingly also rejected using substantially similar rationale as to that set forth in claim 3.
Claims depending thereon do not cure the noted deficiency and are accordingly also rejected using substantially similar rationale as to that set forth for the claims from which they depend.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Samson et al. (US PG Publication 2015/0324940) in view of Nehlich (“Another Brick in the Wall: VizTerra and Pool Studio Version 2.1,” 2014) in further view of Relmont (French Publication Number 2,908,543) further in view of Gharpuray (US PG Publication 2021/0117071).
Regarding claim 1, Samson teaches a system comprising: one or more processors (see for instance, paragraph 26); and one or more memories storing instructions that are executable by the one or more processors for causing the one or more processors to perform operations (see for instance, paragraph 26) including:
providing a webpage to a client device of a user, wherein the webpage includes a graphical user interface through which the user can select a pool shape from a set of pool shapes and a pool liner from a set of pool liners (The present application relates generally to a 3D interactive design and estimating system for building construction projects and services that is real-time, visual, and transparent to both the customer and the manufacturer, see paragraph 23. The user can make custom selections – such as by choosing the landscaping, interior/exterior finishes, etc, see for instance, paragraph 25. The 3D design studio provides the user with customization engine that presents the user with all of the available swappable options for the particular building so that the user can select and customize the building, including the interior features, exterior features, land features, etc, see paragraph 36. The user may be provided with the option to customize certain separate features apart from the physical home, such as features of landscaping, such as…swimming pools, see paragraph 61. The shown GUI 400 is presented in one example as an internet webpage or portal, although it is understood that the GUI may be presented via whatever computer program or graphical front end is desired, see for instance, paragraph 54);
receiving, via the graphical user interface in the webpage, selections from the user of a particular pool shape in the set of pool shapes and a particular pool liner in the set of pool liners (The present application relates generally to a 3D interactive design and estimating system for building construction projects and services that is real-time, visual, and transparent to both the customer and the manufacturer, see paragraph 23. The user can make custom selections – such as by choosing the landscaping, interior/exterior finishes, etc, see for instance, paragraph 25. The 3D design studio provides the user with customization engine that presents the user with all of the available swappable options for the particular building so that the user can select and customize the building, including the interior features, exterior features, land features, etc, see paragraph 36. The user may be provided with the option to customize certain separate features apart from the physical home, such as features of landscaping, such as…swimming pools, see paragraph 61. The shown GUI 400 is presented in one example as an internet webpage or portal, although it is understood that the GUI may be presented via whatever computer program or graphical front end is desired, see for instance, paragraph 54);
identifying a pre-rendered pool image, from a stored set of pre-rendered pool images, depicting the particular pool shape and the particular pool liner selected by the user; and
outputting the identified pre-rendered pool image in the webpage, wherein the pre-rendered pool image depicts a swimming pool that has the particular pool shape and the particular pool liner selected by the user (The core of the 3D design studio is the real-time virtual experience which provides the user with a real-time graphical display of a virtual building corresponding to the real-world building that the customer is intending to build, see paragraph 35).
While Samson mentions customizing swimming pools and providing the user with swappable options of different products and ERP systems to manage resources and provide estimated availability of items, Samson does not appear to teach liners or identifying a pre-rendered pool image, from a stored set of pre-rendered pool images, depicting the particular pool shape and the particular pool liner selected by the user.
In the same art of customizations, Nehlich teaches that new tools empower one to “draw 3D walls, fences, and railings that automatically step up sloping hills, follow staircases, and border balconies. You can create almost any type of fence or railing you need. To make it even easier…we’ve included customizable presets of many popular styles in the library. Balcony railings, retaining walls, pool safety fences, and pier caps have never been easier to add to your pool or landscape software design project,” see page 2. “In the library you will find 10 Aqua Bright pool interiors from Eco Finish as well as 15 pool shapes, spa shapes, and five pool finishes from Thursday Pools…Interfab adds new slides, diving boards, a basketball hoop, and pool lifestyle tables…Swimming pool Steps/Benches will automatically link to the pool or Spa,” see pages 5 and 6. “Video Mode will help you capture your outdoor living projects...Simply choose which features of your outdoor living project you would like to showcase and Video Mode will take care of the rest,” see page 3.
It would have been obvious to one of ordinary skill in the art having the teachings of Samson and Nehlich in front of them before the effective filing date of the claimed invention to incorporate construction features from Pool Studio and VizTerra, as taught by Nehlich into Samson’s construction system, as modeling different landscapes, pools, etc, such as described by Nehlich was well known at the time of the effective filing date invention and would have yielded predictable results in combination with Samson.
The modification of Samson with Nehlich would have explicitly allowed changing the shape, interior and surrounding area of the pool.
The motivation for combining Samson with Nehlich would have been to improve the user experience, enhance functionality and to increase system and design flexibility.
While Samson in view of Nehlich mention customizing swimming pools and providing the user with swappable options of different products and ERP systems to manage resources and provide estimated availability of items, Samson in view of Nehlich do not appear to teach identifying a pre-rendered pool image, from a stored set of pre-rendered pool images, depicting the particular pool shape and the particular pool liner selected by the user. In addition, Relmont is being brought into the rejection in an effort to advance prosecution by explicitly teaching that the liner can be selected.
In the same art of customization, Relmont teaches that a user can select and view a liner in a swimming pool, see for instance, the last paragraph of page 2, first paragraph of page 3 and fig. 1.
It would have been obvious to one of ordinary skill in the art having the teachings of Samson, Nehlich, and Relmont in front of them before the effective filing date of the claimed invention to incorporate changing swimming pool features, as taught by Relmont into Samson’s modified construction system, as changing modeled pool features, such as the liner, such as described by Relmont was well known at the time of the effective filing date invention and would have yielded predictable results in combination with Samson and Nehlich.
The modification of Samson and Nehlich with Relmont would have explicitly allowed the user to select and change/modify the pool liner associated with a swimming pool design.
The motivation for combining Samson and Nehlich with Relmont would have been to improve the user experience, enhance functionality and to increase system and design flexibility.
While Samson in view of Nehlich in further view of Relmont mention customizing swimming pools and providing the user with swappable options of different products and ERP systems to manage resources and provide estimated availability of items, Samson in view of Nehlich in further view of Relmont do not appear to teach identifying a pre-rendered pool image, from a stored set of pre-rendered pool images, depicting the particular pool shape and the particular pool liner selected by the user.
In the same art of visualization, Gharpuray teaches that the viewing mode enables the user to view representations of the building at different times of the day, in varying seasons, and in varying weather conditions; to choose between a first-person view and a third-party view of an avatar, whose motions are under the buyer’s control; and to toggle among views of a variety of interior treatments, see for instance, paragraph 131, 132, 189, and 193. The interior treatments include but are not limited to lighting, wall colors, flooring materials, floor coverings, countertop materials, colors and styles of cabinets, and furniture, see paragraph 131. The system provides a number of interactive features, which give potential home buyers as much as possible of the information required for making a decision to purchase a property being displayed, see paragraph 187. The system is viewable on the web, see for instance, paragraph 197, 289, 290, 293, and 296. In the example shown in Fig. 24, we see that the styles we must create scenes for include Formal Traditional, Modern Contemporary, a specific user…for each style, we also generate a scene for different times of the day, which include 6 am, 1 pm, 5 pm, and 10 pm, among others, see for instance, paragraph 272. The output of the ensemble approach in Fig. 18 is an updated TXLD file for that “style”…repeated for all N “styles” the user requests…styles that may be specific to one user, a grouping or collection of users or other more nuanced styles that are unnamed, see paragraph 272. In addition to the 3D model generated of the property/space under consideration, fixtures may be added by pulling from the 3D product library, see paragraph 275. A non-relational database and flexible schema may be used, see paragraph 272. We first attempt to find a TXLD file for this space in the database…if we do find one, we check if a scene has been created for this TXLD file…we render it on the medium the user is using…important note, if a scene hasn’t been created we will attempt to render a scene based on a TXLD file that is as close to the user’s individual style as possible, so the user doesn’t experience any delay in viewing the property, see for instance, paragraph 293-295 and fig. 35.
It would have been obvious to one of ordinary skill in the art having the teachings of Samson, Nehlich, Relmont and Gharpuray in front of them before the effective filing date of the claimed invention to incorporate real estate tours, as taught by Gharpuray into Samson’s modified construction system, as having different viewing modes and being able to view items on the web, such as described by Gharpuray was well known at the time of the effective filing date invention and would have yielded predictable results in combination with Samson, Nehlich, and Relmont.
The modification of Samson, Nehlich, and Relmont with Gharpuray would have explicitly allowed identifying a pre-rendered pool image, from a stored set of pre-rendered pool images, depicting the particular pool shape and the particular pool liner selected by the user.
The motivation for combining Samson, Nehlich, and Relmont with Gharpuray would have been to improve the user experience, enhance functionality and to increase system and design flexibility, see for instance, Gharpuray, paragraph 187.
Regarding claim 2, Samson in view of Nehlich in further view of Relmont further in view of Gharpuray teach the system of claim 1 and further teach wherein the webpage includes a JavaScript application configured to generate the graphical user interface on the client device (The shown GUI 400 is presented in one example as an internet webpage or portal, although it is understood that the GUI may be presented via whatever computer program or graphical front end is desired, see for instance, Samson, paragraph 54. WebGL: A Javascript API for rendering interactive 3D Graphics, see for instance, Gharpuray, paragraph 119. The user may see the virtual property via a choice of viewing modes: staged online (for example, via WebGL technology), see for instance, paragraph 193. It is common for brands to list their products on websites and/or other online mediums, see for instance, Gharpuray, paragraph 200). The motivation to combine Samson, Nehlich, Relmont, and Gharpuray is the same as that which was set forth in claim 1.
Regarding claim 3, Samson in view of Nehlich in further view of Relmont further in view of Gharpuray teach the system of claim 1 and further teach wherein the operation of providing the webpage to the client device comprises: transmitting client-side code to the client device, the client-side code being configured to be executed by a website browser of the client device to generate the webpage (see for instance, Samson, paragraphs 30, 38, and 54 and Gharpuray, paragraphs, 119, 138, 193, 200, 306, 309, and 313). The motivation to combine Samson, Nehlich, Relmont, and Gharpuray is the same as that which was set forth in claim 1.
Regarding claim 4, Samson in view of Nehlich in further view of Relmont further in view of Gharpuray teach the system of claim 3, further comprising server-side code that is configured to cooperate with the client-side code to provide real-time interactivity to the graphical user interface (see for instance, Samson, paragraphs 30, 38, and 54 and Gharpuray, paragraphs, 119, 138, 173, 193, 194, 197, 200, 306, 309, and 313). The motivation to combine Samson, Nehlich, Relmont, and Gharpuray is the same as that which was set forth in claim 1.
Regarding claim 5, Samson in view of Nehlich in further view of Relmont further in view of Gharpuray teach the system of claim 4 and further teach wherein the client-side code is configured to transmit real-time requests to the one or more processors executing the server-side code in response to user interactions with the graphical user interface to provide the real-time interactivity (see for instance, Samson, paragraphs 30, 38, and 54 and Gharpuray, paragraphs, 119, 138, 173, 193, 194, 197, 200, 306, 309, and 313). The motivation to combine Samson, Nehlich, Relmont, and Gharpuray is the same as that which was set forth in claim 1.
Regarding claim 6, Samson in view of Nehlich in further view of Relmont further in view of Gharpuray teach the system of claim 1 and further teach wherein the operations further comprise: prior to receiving the selections from the user, storing the set of pre-rendered pool images in a datastore that is remote from the client device (Gharpuray teaches that the viewing mode enables the user to view representations of the building at different times of the day, in varying seasons, and in varying weather conditions; to choose between a first-person view and a third-party view of an avatar, whose motions are under the buyer’s control; and to toggle among views of a variety of interior treatments, see for instance, paragraph 131, 132, 189, and 193. The interior treatments include but are not limited to lighting, wall colors, flooring materials, floor coverings, countertop materials, colors and styles of cabinets, and furniture, see paragraph 131. The system provides a number of interactive features, which give potential home buyers as much as possible of the information required for making a decision to purchase a property being displayed, see paragraph 187. The system is viewable on the web, see for instance, paragraph 197, 289, 290, 293, and 296. In the example shown in Fig. 24, we see that the styles we must create scenes for include Formal Traditional, Modern Contemporary, a specific user…for each style, we also generate a scene for different times of the day, which include 6 am, 1 pm, 5 pm, and 10 pm, among others, see for instance, paragraph 272. The output of the ensemble approach in Fig. 18 is an updated TXLD file for that “style”…repeated for all N “styles” the user requests…styles that may be specific to one user, a grouping or collection of users or other more nuanced styles that are unnamed, see paragraph 272. In addition to the 3D model generated of the property/space under consideration, fixtures may be added by pulling from the 3D product library, see paragraph 275. A non-relational database and flexible schema may be used, see paragraph 272. We first attempt to find a TXLD file for this space in the database…if we do find one, we check if a scene has been created for this TXLD file…we render it on the medium the user is using…important note, if a scene hasn’t been created we will attempt to render a scene based on a TXLD file that is as close to the user’s individual style as possible, so the user doesn’t experience any delay in viewing the property, see for instance, paragraph 293-295 and fig. 35.). The motivation to combine Samson, Nehlich, Relmont, and Gharpuray is the same as that which was set forth in claim 1.
Regarding claim 7, Samson in view of Nehlich in further view of Relmont further in view of Gharpuray teach the system of claim 1 and further teach wherein the graphical user interface shows a plurality of images of pool liners and a plurality of images of pool shapes, the plurality of images of pool liners corresponding to the set of pool liners, and the plurality of images of pool shapes corresponding to the set of pool shapes (The present application relates generally to a 3D interactive design and estimating system for building construction projects and services that is real-time, visual, and transparent to both the customer and the manufacturer, see Samson paragraph 23. The user can make custom selections – such as by choosing the landscaping, interior/exterior finishes, etc, see for instance, Samson paragraph 25. The 3D design studio provides the user with customization engine that presents the user with all of the available swappable options for the particular building so that the user can select and customize the building, including the interior features, exterior features, land features, etc, see Samson paragraph 36. The user may be provided with the option to customize certain separate features apart from the physical home, such as features of landscaping, such as…swimming pools, see Samson paragraph 61. The shown GUI 400 is presented in one example as an internet webpage or portal, although it is understood that the GUI may be presented via whatever computer program or graphical front end is desired, see for instance, Samson paragraph 54. A user can select and view a liner in a swimming pool, see for instance, Relmont, last paragraph of page 2, first paragraph of page 3 and fig. 1.
Nehlich teaches that new tools empower one to “draw 3D walls, fences, and railings that automatically step up sloping hills, follow staircases, and border balconies. You can create almost any type of fence or railing you need. To make it even easier…we’ve included customizable presets of many popular styles in the library. Balcony railings, retaining walls, pool safety fences, and pier caps have never been easier to add to your pool or landscape software design project,” see page 2. “In the library you will find 10 Aqua Bright pool interiors from Eco Finish as well as 15 pool shapes, spa shapes, and five pool finishes from Thursday Pools…Interfab adds new slides, diving boards, a basketball hoop, and pool lifestyle tables…Swimming pool Steps/Benches will automatically link to the pool or Spa,” see pages 5 and 6. “Video Mode will help you capture your outdoor living projects...Simply choose which features of your outdoor living project you would like to showcase and Video Mode will take care of the rest,” see page 3). The motivation to combine Samson, Nehlich, Relmont, and Gharpuray is the same as that which was set forth in claim 1.
Regarding claims 8 and 15, claim 8 is a method claim and claim 15 is a non-transitory computer readable medium claim that recite substantially similar limitations as to that set forth in claim 1 and those limitations are rejected using substantially similar rationale as to that which was set forth in claim 1. In addition, Samson in view of Nehlich in further view of Relmont further in view of Gharpuray teach a non-transitory computer-readable medium comprising program code that is executable by one or more processors for causing the one or more processors to perform operations (see for instance, Samson, paragraph 26).
Regarding claims 9 and 16, claim 9 is the method claim and claim 16 is the non-transitory computer readable medium claim corresponding to system claim 2 and are accordingly, rejected using substantially similar rationale as to that which was set forth in claim 2
Regarding claims 10 and 17, claim 10 is the method claim and claim 17 is the non-transitory computer readable medium claim corresponding to system claim 3 and are accordingly rejected using substantially similar rationale as to that which was set forth in claim 3.
Regarding claims 11 and 18, claim 11 is the method claim and claim 18 is the non-transitory computer readable medium claim corresponding to system claim 4 and are accordingly rejected using substantially similar rationale as to that which was set forth in claim 4.
Regarding claims 12 and 19, claim 12 is the method claim and claim 19 is the non-transitory computer readable medium claim corresponding to system claim 5 and are accordingly rejected using substantially similar rationale as to that which was set forth in claim 5.
Regarding claims 13 and 20, claim 13 is the method claim and claim 20 is the non-transitory computer readable medium claim corresponding to system claim 6 and are accordingly rejected using substantially similar rationale as to that which was set forth in claim 6.
Regarding claim 14, claim 14 is the method claim corresponding to system claim 7 and are accordingly rejected using substantially similar rationale as to that which was set forth in claim 7.
Conclusion
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/MICHAEL J COBB/ Primary Examiner, Art Unit 2615
