`
`EXHIBIT 2012
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`
`
`
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`Docket No.: 569208005US
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`(PATENT)
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent Application of:
`Che’ng et al.
`
`Application No.: 11/347,024
`
`Confirmation No.: 1383
`
`Filed: February 3, 2006
`
`Art Unit: 3694
`
`For: AUTOMATICALLY DETERMINING A
`CURRENT VALUE FOR A REAL ESTATE
`
`Examiner: A. Basit
`
`PROPERTY, SUCH AS A HOME, THAT IS
`TAILORED TO INPUT FROM A HUMAN
`
`USER, SUCH AS ITS OWNER
`
`RESPONSE TO FINAL OFFICE ACTION UNDER 37 C.F.R. 1.116
`
`MS AF
`
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`INTRODUCTORY COMMENTS
`
`In response to the Office Action dated February 3, 2011, finally rejecting claims
`
`1-43, please amend the above-identified US. patent application as follows:
`
`Amendments to the Claims are reflected in the listing of claims which begins on
`
`page 2 of this paper.
`
`Remarks/Arguments begin on page 15 of this paper.
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`56920-8005 .USOO/LEGAL203 51325.1
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`Application No. 11/347,024
`After Final Office Action of February 3, 2011
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`Docket No.: 569208005US
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`AMENDMENTS TO THE CLAIMS
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`1.
`
`(Original)
`
`A method in a computing system for automatically
`
`determining a valuation for a subject home in response to input from an owner of the
`
`home, comprising:
`
`presenting a display that
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`includes an indication of a first valuation
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`determined for the subject home and indications of attributes of the subject home used
`
`in the determination,
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`the indicated valuation being determined by applying to the
`
`indicated attributes a geographically—specific home valuation model is based upon a
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`plurality of homes near the subject home recently sold;
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`presenting a display that solicits input from the owner that updates one or
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`more of the indicated attributes;
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`receiving first
`
`input from the owner that updates one or more of the
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`indicated attributes;
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`applying the geographically-specific home valuation model to attributes of
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`the subject home as updated by the first
`
`input to determine and display a second
`
`valuation for the subject home;
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`presenting a display that solicits input from the owner that identifies the
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`type, cost, and timing of one or more home improvements performed on the subject
`
`home; _
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`receiving second input from the owner that identifies the type, cost, and
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`timing of one or more home improvements performed on the subject home;
`
`using the second input to determine and display (a) a present value of the
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`identified home improvements and (b) a third valuation that takes into account the
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`present value of the identified home improvements;
`
`presenting a display that solicits input from the owner that identifies other
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`assets or liabilities of the subject home and the value attributed to them by the owner;
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`2
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`Application No. 11/347,024
`After Final Office Action of February 3, 2011
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`Docket No.: 569208005US
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`receiving third input from the owner that identifies other aspects ‘of the
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`subject home affecting its value and the value attributed to them by the Owner;
`
`determining a valuation adjustment corresponding to the identified aspects;
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`displaying a fourth valuation that
`
`takes into account
`
`the determined
`
`valuation adjustment corresponding to the identified aspects;
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`presenting a display that solicits input from the owner that identifies homes
`
`near the subject home that the owner regards as similar to the subject home;
`
`receiving fourth input from the owner that identifies homes near the subject
`
`home recently sold that the owner regards as similar to the subject home; '
`
`using the fourth input to generate a tailored geographically-specific home
`valuation model that (1) is based upon a plurality of homes near the subject home
`
`recently sold that is a superset of the homes identified by the fourth input, but (2) places
`
`special emphasis on the homes identified by the fourth input;
`applying the tailored valuation model to the updated attributes of the subject
`
`home to obtain a fifth valuation of the subject home; and
`
`displaying the fifth valuation based on the application of the tailored
`
`valuation model.
`
`2.
`
`(Original) A computer-readable medium whose contents cause a
`
`computing system to perform a method for procuring information about a distinguished
`
`property from its owner that
`
`is usable to refine an automatic valuation of
`
`the
`
`distinguished property, the method comprising:
`
`displaying at least a portion of information about the distinguished property
`
`used in the automatic valuation of the distinguished property;
`
`obtaining user input from the owner adjusting at
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`least one aspect of
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`information about the distinguished properly used in the automatic valuation of the
`
`distinguished property; and
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`Application No. 11/347,024
`After Final Office Action of February 3, 2011
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`Docket No.: 569208005US
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`displaying to the owner a refined valuation of the distinguished property that
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`is based on the adjustment of the obtained user input.
`
`3.
`
`(Original)
`
`The computer—readable medium of claim 2,
`
`further
`
`comprising:
`
`determining whether any of the altered home attributes is an attribute not
`
`present among home sales used to construct
`
`the geographically-specific home
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`Valuation model; and
`
`if so, displaying a warning.
`
`4.
`
`(Original)
`
`The computer-readable medium of claim 2,
`
`further
`
`comprising:
`
`determining whether the refined valuation diverges from the automatic
`
`valuation by more than a threshold percentage; and
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`if so, displaying a warning.
`
`5.
`
`(Original) The computer-readable medium of claim 2 wherein the
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`adjustment of the obtained user input includes altering property attributes used in the
`
`automatic valuation of the distinguished property, and wherein the displayed refined
`
`valuation is based at least in part on the altered property attributes.
`
`6.
`
`(Original) The computer-readable medium of claim 2 wherein the
`
`adjustment of the obtained user input includes adding a description of an improvement
`
`to the distinguished property, and wherein the displayed refined valuation is based at
`
`least in part on a valuation of the described improvement.
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`4
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`Application No. 11/347,024
`After Final Office Action of February 3, 2011
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`Docket No.: 569208005US
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`7.
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`(Original) The computer-readable medium of claim 2 wherein the
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`adjustment of the obtained user input includes adding a description of an aspect of the
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`distinguished property not considered by the automatic valuation of the distinguished
`
`property and an estimate by the owner of its value, and wherein the displayed refined
`
`valuation is based at least in part on the estimate of the value of the described aspect.
`
`8.
`
`(Original) The computer-readable medium of claim 2 wherein the
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`adjustment of the obtained user input
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`includes identifying recent sales of nearby
`
`properties regarded by the owner as similar to the distinguished property, and wherein
`
`the displayed refined valuation is based at least in part on a repetition of the automatic
`
`valuation of the distinguished property in which the influence of the identified sales is
`
`magnified.
`
`9.
`
`(Original) The computer-readable medium of claim 8 wherein the
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`adjustment of the obtained user input further includes identifying a scoring of the
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`properties sold in the identified sales reflecting the relative level of similarity of the sold
`
`properties to the distinguished property, and wherein the displayed refined valuation is
`
`based at least in part on a repetition of the automatic valuation of the distinguished
`
`property in which the influence of the identified sales is magnified in a manner
`
`consistent with the identified scores.
`
`10.
`
`(Original) The computer-readable medium of claim 9 wherein the
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`user input identifies a scoring of the properties sold in the identified sales reflecting the
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`relative level of similarity of the sold properties to the distinguished property by
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`specifying a ranked order for the identified sales.
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`5
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`Application No. 11/347,024
`After Final Office Action of February 3, 2011
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`Docket No.: 569208005US
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`11.
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`(Original) The computer-readable medium of claim 8, the method
`
`further comprising displaying a map showing properties in a geographic region
`
`surrounding the distinguished property,
`
`and wherein the owner identifies the recent sales of nearby properties regarded by the
`
`owner as similar to the distinguished property by selecting them on the displayed map.
`
`12.
`
`(Original) The computer-readable medium of claim 8, the method
`
`further comprising displaying a map showing properties in a geographic region
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`surrounding the distinguished property,
`
`and wherein the owner identifies each recent sale of a nearby property regarded by the
`
`owner as similar to the distinguished property by selecting a control in a popup balloon
`
`associated with its location on the displayed map.
`
`13.
`
`(Original) The computer-readable medium of claim 8, the method
`
`further comprising displaying a table comprising rows each containing textual
`
`information about a different one of a plurality of recent sales of nearby properties,
`
`and wherein the owner identifies each recent sale of a nearby property regarded by the
`
`owner as similar to the distinguished property by interaction with the row containing
`
`information about the sale.
`
`14.
`
`(Original) The computer-readable medium of'claim 2 wherein the
`
`adjustment) of the obtained user input includes identifying nearby properties regarded by
`
`the owner as similar to the distinguished property, and wherein the displayed refined
`
`valuation is based at least in part on a repetition of the automatic valuation of the
`
`distinguished property in which the influence of values for the identified sales properties
`
`is magnified.
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`6
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`Application No. 11/347,024
`After Final Office Action of February 3, 2011
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`Docket No.: 569208005US
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`15.
`
`(Original) A method in a computing system for refining an automatic
`
`valuation of a distinguished home based upon input from a user knowledgeable about
`
`the distinguished home, comprising:
`
`obtaining user input adjusting at least one aspect of information about the
`
`distinguished home used in the automatic valuation of the distinguished home;
`
`automatically determining a refined valuation of the distinguished home that
`
`is based on the adjustment of the obtained user input; and
`
`presenting the refined valuation of the distinguished home.
`
`16.
`
`(Original) The method of claim 15 wherein the presenting involves
`
`displaying the refined valuation of the distinguished home to a user providing the user
`
`input
`
`17.
`
`(Original) The method of claim 15 wherein the presenting involves
`
`displaying the refined valuation of the distinguished home to a user other than the user
`
`providing the user input.
`
`18.
`
`(Original) The method of claim 15 wherein the automatic valuation of
`
`the distinguished home involves applying a geographically-specific home valuation
`
`model
`
`to attributes indicated by an external data source to be possessed by the
`
`distinguished home,
`
`and wherein the adjustment of the obtained user input
`
`includes altering the home
`
`attributes indicated by an external data source to, be possessed by the distinguished
`
`home, and wherein the determined refined valuation is based at
`
`least
`
`in part on
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`applying the geographically-specific home valuation model to the altered attributes.
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`Application No. 11/347,024
`After Final Office Action of February 3, 2011
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`Docket No.: 569208005US
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`19.
`
`(Original)
`
`The method of claim 18 wherein the geographically-
`
`specific home valuation model is a forest of classification trees each constructed from
`
`information about recent sales of homes near the distinguished home.
`
`20.
`
`(Original)
`
`The method of claim 18 wherein the geographically-
`
`specific home valuation model is a linear regression model constructed from information
`
`about recent sales of homes near the distinguished home.
`
`21.
`
`(Original) The method of claim 18 wherein the geographically-
`
`specific home valuation model is a hybrid model, utilizing both a forest of classification
`
`trees and a linear regression-derived function, both constructed from information about
`
`recent sales of home near the distinguished home.
`
`22.
`
`(Original) The method of claim 21 wherein the refined valuation is
`
`determined by dividing by a first valuation of the distinguished home generated by the
`
`linear regression—derived function from the attributes indicated by the external data
`
`source to be possessed by the distinguished home a second valuation generated by the
`
`linear regression-derived function based upon the altered attributes to obtain a ratio,
`
`and wherein the ratio is multiplied by a valuation generated by the forest of classification
`
`trees based upon the home attributes indicated by the external data source to be
`
`possessed by the distinguished home.
`
`23.
`
`(Original) The method of claim 21, further comprising weighting in
`
`the construction of the linear regression-derived function information about recent sales
`
`of individual homes near the distinguished home based upon the extents to which the
`
`sold home and the distinguished home are similar to high-value homes near the
`
`distinguished home.
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`Application No. 11/347,024
`After Final Office Action of February 3, 2011
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`Docket No.: 569208005US
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`24.
`
`(Original) The method of claim 21, further comprising weighting in
`
`the construction of the linear regression—derived function information about recent sales
`
`of individual homes near the distinguished home based upon the degree of nearness of
`
`each of the sold homes to the distinguished home.
`
`25.
`
`(Original)
`
`The method of claim 18 wherein the geographically—
`
`specific home valuation model is constrained to consider only home attributes available ,
`
`for alteration by the user.
`
`26.
`
`(Original) The method of claim 15 wherein the adjustment of the
`
`obtained user
`
`input
`
`includes adding a description of an improvement
`
`to the
`
`distinguished home, and wherein the determined refined valuation is based at least in
`
`part on a valuation of the described improvement.
`
`27.
`
`(Original) The method of claim 26 wherein the added improvement
`
`description identifies an improvement type and a cost for the described improvement,
`
`further comprising determining the valuation of the described improvement by applying
`
`a localized improvement cost recovery rate for the identified improvement type to the
`
`identified cost.
`
`28.
`
`(Original) The method of claim 26 wherein the added improvement
`
`description identifies an age of the described improvement and a cost fOr the described
`
`improvement,
`
`further comprising determining the valuation of the described improvement
`
`by applying a depreciation schedule to the identified age and cost.
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`Application No. 11/347,024
`After Final Office Action of February 3, 2011
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`Docket No.: 569208005US
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`29.
`
`(Original) The method of claim 15 wherein the adjustment of the .
`
`obtained user input includes adding a description of an aspect of the distinguished
`
`home not considered by the automatic valuation of the distinguished home and an
`
`estimate by a user providing the user input of its value, and wherein the determined
`
`refined valuation is based at least in part on the estimate of the value of the described
`
`aspect.
`
`30.
`
`(Original) The method of claim 15 wherein the automatic valuation of
`
`the distinguished home involves applying a geographically-specific home valuation
`
`model
`
`to attributes indicated by an external data source to be possessed by the
`
`distinguished home,
`
`and wherein the adjustment of the obtained user input includes identifying recent sales
`
`of nearby homes regarded as similar to the distinguished home,
`
`the method further comprising:
`
`constructing a new geographically-specific home valuation model
`
`that
`
`emphasizes the significance of the identified sales; and
`
`applying the constructed new geographically-specific home valuation model
`
`to attributes of the distinguished home to obtain a result,
`
`and wherein the determined refined valuation is based at least in part on the obtained
`
`result.
`
`31.
`
`(Original) The method of claim 30 wherein the constructed new
`
`geographically-specific home valuation model is applied to attributes indicated by the
`
`external data source to be possessed by the distinguished home.
`
`32.
`
`(Original) The method of claim 30 wherein the adjustment of the
`
`obtained user input further includes altering the home attributes indicated by the
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`Application No. 11/347,024
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`Docket No.: 569208005US
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`external data source to be possessed by the distinguished home, and wherein the
`
`constructed new geographically-specific home valuation model
`
`is applied to altered
`
`attributes.
`
`33.
`
`(Original)
`
`The method of claim 30 wherein adjustment of the
`
`obtained user input further includes identifying a scoring of the homes sold in the
`
`identified sales reflecting the relative level of similarity of the sold homes to the
`
`distinguished home, and wherein the constructed new geographically-specific home
`
`valuation model emphasizes the significance of the identified sales in a manner
`
`consistent with the identified scoring.
`
`34.
`
`(Original) The method of claim 30, further comprising:
`
`among the identified recent sales of nearby homes regarded as similar to
`the distinguished home, determining an average selling price per square foot;
`
`multiplying the determined average selling price per square foot by the floor
`
`area of the distinguished home to obtain an alternate valuation of the distinguished
`
`home; and
`
`before presenting the refined valuation of the distinguished home, blending
`
`into the refined valuation of the distinguished home the obtained alternate valuation.
`
`35.
`
`(Original) The method of claim 30 wherein the constructed new
`
`geographically-specific home valuation model also emphasizes the significance of sales
`
`of homes whose locations are determined to be near the location of the distinguished
`
`home.
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`Application No. 11/347,024
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`Docket No.: 569208005US
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`36.
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`(Original) The method of claim 35 further comprising determining
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`that the location of a home recently sold is near the location of the distinguished home if
`
`it has the same zip code as the distinguished home.
`
`37.
`
`(Original) The method of claim 35 further comprising determining
`
`that the location of a home recently sold is near the location of the distinguished home if
`
`it has the same neighborhood name as the distinguished home.
`
`38.
`
`(Original) The method of claim 30, further comprising:
`
`accessing a floor area attribute of the distinguished home and the nearby
`
`homes whose recent sales were identified, and a selling price for each of the identified
`
`sales;
`
`metric;
`
`determining among the identified sales a selling price per square foot
`
`multiplying the obtained selling price per square foot metric by the floor area
`
`of the distinguished home to obtain a product; and
`
`combining the product with the result to obtain the determined refined
`
`valuation.
`
`39.
`
`(Original) The method of claim 35 further comprising determining
`
`that the location of a home recently sold is near the distinguished home if the location of
`
`the distance between it and the distinguished home is less than a threshold distance.
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`Docket No.: 569208005US
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`40.
`
`(Original) The method of claim 15 wherein the automatic valuation of
`
`the distinguished home involves applying a geographically—specific home valuation
`
`model
`
`to attributes indicated by an external data source to be possessed by the
`
`distinguished home,
`
`and wherein the adjustment of the obtained user input includes both (1) altering the
`
`home attributes indicated by an external data source to be possessed by the
`distinguished home and (2) adding a description of an improvement to the distinguished
`
`home,
`
`the method further comprising detecting that the alteration of home attributes and the
`
`improvement description are both directed to adding a new feature to the distinguished
`home,
`I
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`and wherein, in response to the detecting, the determined refined valuation is based at
`
`least in part on applying the geographicallyrspecific home valuation model to the altered
`
`attributes, and is not based on the improvement description.
`
`41.
`
`(Original) One or more computer memories collectively containing a
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`home valuation data structure, comprising:
`
`information identifying a home; and
`
`a valuation for the identified home automatically generated based on both
`
`information about the identified home obtained from a public source and information
`
`about the identified home obtained from an owner of the identified home,
`
`such that the contents of the data structure may be used to determine the value of the
`
`identified house.
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`42.
`
`(Original) The computer memories of claim 41 wherein the data
`
`structure is a display specification capable of causing a computing system to display the
`
`identifying information and the valuation.
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`Docket No.: 569208005US
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`43.
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`(Original) The computer memories of claim 41 wherein the data
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`structure is a web page presenting the identifying information and the valuation.
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`Application No. 11/347,024
`After Final Office Action of February 3, 2011
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`Docket No.: 569208005US
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`REMARKS
`
`In the Final Office Action mailed on February 3, 2011 (paper no. 20110129), the
`
`Examiner rejected all of pending claims 1—43 under 35 U.S.C. § 103(a) over US. Patent
`
`No. 6609118 to Khedkar, et al. ("Khedkar") and US. Patent Application Publication
`
`No. 2005/0154657 by Kim, et al. ("Kim"), either alone or together with other references.
`
`Claims 1—43 remain pending.
`
`For the reasons set forth in detail below, applicants
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`submit that the application is in condition for allowance.
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`Applicants wish to express their gratitude to Examiners Basit and Trammell for
`
`the consideration extended during the in-person interview conducted on March 3, 2011.
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`The interview was attended by applicants' representative Steve Lawrenz, and inventor
`
`Stan Humphries. The participants discussed the rejections under 35 U.S.C. § 103(a).
`
`In particular, Examiners Basit and Trammell acknowledged that the cited references fail
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`to disclose applying a valuation model to attributes of a subject home as updated in
`
`accordance with input from the home's owner to obtain a valuation for the subject home
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`as is recited by each of the independent claims. Accordingly, claims 1—43 are
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`patentable over the cited references.
`
`In view of the foregoing, applicants submit that the application is in condition for
`
`allowance. Accordingly, applicants earnestly solicit a prompt Notice of Allowance.
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`If the
`
`Examiner identifies any additional issues that would delay allowance of the application,
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`he is invited to telephone the undersigned for a prompt resolution.
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`Application No. 11/347,024
`After Final Office Action of February 3, 2011
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`1
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`Docket No.: 569208005US
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` Dated:
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`Registration No.: 3 ,376
`PERKINS COlE LLP
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`P. O. Box 1247
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`Seattle, Washington 98111- 1247
`(206) 359—8000
`(206) 359-7198 (Fax)
`Attorney for Applicant
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