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 .
Claim status: claims 5-12, 20-21 are pending in this Office Action. Claims 1-4, 14-19 are withdrawn as the response to the restriction.
Response to Arguments
Prior Art Reiection:
Applicant's arguments to claim 5 have been fully considered but they are deemed not persuasive.
The applicant argues that the prior arts do not teach the new amendments.
In response to the argument, Westmoreland teaches wherein sharing of answers to questions only occurs between ones of the team members that have answered one or more of the same questions (Westmoreland, [0101] The teambuilding area may include one or more of an arrival section. [0120] the avatars may be convened at a communication section of the teambuilding area … the users controlling the avatars that proceeded through second activity section 70 may be encouraged to discuss their answers to the questions. The discussion may include the development of an individual and/or shared group vision, a group goal or objective, and/or other group-based or individual concepts. [0053-0054] The collaboration module may be configured … facilitate interaction between internal users associated with the entity … one or more private sections … only be observable to and heard by a predefined group of users. Note: discuss their answers is sharing of answers)
Regarding to other amendments, please see the new prior art Strohofer teaching in below
DETAILED ACTION
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1,148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre- AIA 35 U.S.C. 103(a) are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5-7, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Westmoreland (US20120054281), in view of Colby (US20140057240), in view of Hawn (US20100223109), further in view of Strohofer (US20160217539A1)
Regarding to claim 5:
Westmoreland teaches A computer implemented method for fostering person-to-person engagement in a virtual team having a plurality of team members, the method comprising:
providing a virtual team building environment ([0094] disseminate invitations to an entity specific virtual space … configured to contact the users to provide them with the invitations… generate the invitations for dissemination by the entity);
providing each of the team members a first set of questions comprising at least one question ([0023] At various points in the common experiential environment defined by the set of content (e.g., along the path or waterway), questions may be presented to users. Fig. 14, 170. [0171] the series of questions … Operations 168 and 170 may be looped until the series of questions has been posed);
tagging ones of the team members if at least one question in the first set of questions is answered (fig. 5. [0113-0114] teambuilding module 32 … include objects … The objects may be customized to include, bear, or be associated with virtual goods … virtual goods 110 represented as sign posts displaying different animals that represent preferences and strengths. Users may select and/or be assigned one or more animal representations (or other symbolic representations) of strengths and/or preferences. [0024] the avatars proceed within the second activity section in answering the: questions … engaging in an activity or role associated with the entity. [0169-0171] a section of a teambuilding area … answers from the individual users to the presented question may be obtained … The questions may be designed to facilitate identification by individual users of motivations for involvement with the entity. Note: users may be assigned one or more animal representations is tagging team members); and
providing access to a second set of questions to those ones of the team members who answered at least one question in the first set of questions, wherein the second set of questions comprises at least one question ([0025] The teambuilding module may be configured … the second activity section may be customized … by simply replacing or adjusting the questions. [0024] proceed within the second activity section in answering the: questions, individual users and/or the group may recognize their motivation for engaging … Note: Configure the second section in answering the questions is providing access to a second set of questions); and
providing an open discussion forum only to ones of the team members who have answered at least one question in the first set of questions ([0167-0168] FIG. 14 illustrates a method 164… In some embodiments … execution of one or more of the operations of method 164. See Fig. 14. [0171] At an operation 170, one question in a series of questions may be posed to the individual users … answers from the individual users to the presented question may be obtained … second subsection … be encouraged to discuss their answers to the questions posed at operation 170. The discussion may include development of a shared team vision. [0053-0054] The collaboration module may be configured … facilitate interaction between internal users associated with the entity … one or more private sections … only be observable to and heard by a predefined group of users).
prohibiting anyone other than the ones of the team members who have answered a first opening question in the first set of questions from accessing the open discussion forum ([0024] the avatars proceed within the second activity section in answering the: questions … engaging in an activity or role associated with the entity. [0169-0171] a section of a teambuilding area … answers from the individual users to the presented question may be obtained … The questions may be designed to facilitate identification by individual users of motivations for involvement with the entity. [0007] The security module may be configured such that only users associated with an entity corresponding to an virtual space can access the virtual space … for a specific entity and/or a group of users associated with the virtual space. [0053-0054] The collaboration module may be configured … facilitate interaction between internal users associated with the entity … one or more private sections … only be observable to and heard by a predefined group of users. [0040] the idea generation area may be restricted to a predetermined set of users … to ensure that unauthorized users are not provided with views, sounds, and/or other media associated with the restricted area, section and/or instance. Note: private section and/or answers from the individual users to the presented question may be obtained to facilitate identification by individual users of motivations for involvement with the entity are prohibiting anyone other than the ones of the team members who have answered a first opening in the first set of questions from accessing the open discussion forum)
Westmoreland does not explicitly disclose wherein sharing of answers to the plurality of questions only occurs between ones of the team members that have answered one or more of the same questions.
Colby teaches wherein sharing of answers to the plurality of questions only occurs between ones of the team members that have answered one or more of the same questions (Fig. 5A. [0241-0244] Each student in the group is required to submit a short answer in response to the challenge … Challenges can be given as a single question or in batches of up to 5 questions per challenge slate … receive individual response submission(s) 46 … all submitted individual student results are shared with all group-mates within the individual groups … Each student within the group is encouraged to review the answers derived by his/her group-mates)
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Colby and apply them on the teachings of Westmoreland to further implement wherein sharing of answers to the plurality of questions only occurs between ones of the team members that have answered one or more of the same questions. One would be motivated to do so because in order to improve better system and method to provide each student within the group is encouraged to review the answers derived by his/her group-mates (Colby, [0241-0244]).
Westmoreland-Colby does not explicitly disclose wherein the first set of questions comprises a plurality of questions which are progressively more intimate.
Hawn teaches wherein the first set of questions comprises a plurality of questions which are progressively more intimate (See table 6 for a plurality of questions entries 1-13 from basic need to intimate and so on. Question entry type 4 “often intimate questions - e.g. Are you married? Do you have children, where do you live and so on””. [0037] the external agent and the organizational actor may effectively build a relationship … analysis and processing of questions … answer the questions. [0064] coaching entries 562 specific to individuals … selected external agent receives specific input on how to successfully interact with the selected actor.[0049] provide helpful information about how to interact with individuals who have specific behaviors)
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Hawn and apply them on the teachings of Westmoreland-Colby to further implement wherein the first set of questions comprises a plurality of questions which are progressively more intimate. One would be motivated to do so because in order to improve better system and method to provide helpful information about how to interact with individuals who have specific behaviors (Hawn, table 6 [0049]).
Westmoreland-Colby-Hawn does not explicitly disclose wherein the plurality of questions progress based on social penetration theory, wherein the plurality of questions progress from superficial to intimate
Strohofer teaches wherein the plurality of questions progress based on social penetration theory ([0038] The questionnaire may ask the following personal questions, “Describe your family growing up,” “Describe the home, street, and neighborhood you grew up in,” … “How did you meet your spouse or significant partner?” The questionnaire also provides a list of professional questions, such as: “What has been your life's work?,” “What has brought you the most satisfaction in your career?). See Spec [0005] According to the social penetration theory, as relationships deepen, interpersonal communication moves from the superficial (i.e. shallow, non-intimate level) to more meaningful intimate communication),
wherein the plurality of questions progress from superficial to intimate ([0038] The questionnaire may ask the following personal questions, “Describe your family growing up,” “Describe the home, street, and neighborhood you grew up in,” … “How did you meet your spouse or significant partner?” The questionnaire also provides a list of professional questions, such as: “What has been your life's work?,” “What has brought you the most satisfaction in your career?),, and
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Strohofer and apply them on the teachings of Westmoreland-Colby-Hawn to further implement wherein the plurality of questions progress based on social penetration theory, wherein the plurality of questions progress from superficial to intimate. One would be motivated to do so because in order to improve better system and method to provide plurality of questions progress from superficial to intimate (Strohofer [0038]).
Regarding to claim 6:
Westmoreland-Hawn-Strohofer teaches The method of claim 5,
Westmoreland-Hawn-Strohofer does not explicitly disclose wherein all answers to the first set of questions is visible to each team member who have answered at least one question in the first set of questions
Colby teaches wherein all answers to the first set of questions are visible to only ones of team members who have answered at least one question in the first set of questions (Fig. 5A. [0241-0244] Each student in the group is required to submit a short answer in response to the challenge … Challenges can be given as a single question or in batches of up to 5 questions per challenge slate … receive individual response submission(s) 46 … all submitted individual student results are shared with all group-mates within the individual groups … Each student within the group is encouraged to review the answers derived by his/her group-mates)
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Colby and apply them on the teachings of Westmoreland-Hawn-Strohofer to further implement wherein all answers to the first set of questions is visible to each team member who have answered at least one question in the first set of questions. One would be motivated to do so because in order to improve better system and method to provide Each student within the group is encouraged to review the answers derived by his/her group-mates (Colby, [0241-0244]).
Regarding to claim 7:
The method of claim 5, wherein all answers to a specific question in the first set of questions are visible to only ones of team members who answered the specific question in the first set of questions (Westmoreland [0053-0054] The collaboration module may be configured … facilitate interaction between internal users associated with the entity … one or more private sections … only be observable to and heard by a predefined group of users. [0172] the users controlling the avatars may be encouraged to discuss their answers to the questions posed at operation 170. The discussion may include development of a shared team vision, a team goal or objective, and/or other team-based or individual concepts)
Regarding to claim 21:
The method of claim 5, wherein the method further comprises providing access to the second set of questions only to those ones of the team members who answered at least one question in the first set of questions (Westmoreland [0171] At an operation 170, one question in a series of questions may be posed to the individual users … answers from the individual users to the presented question may be obtained … second subsection … be encouraged to discuss their answers to the questions posed at operation 170. The discussion may include development of a shared team vision. [0053-0054] The collaboration module may be configured … facilitate interaction between internal users associated with the entity … one or more private sections … only be observable to and heard by a predefined group of users).
Claims 10, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Westmoreland (US20120054281), in view of Colby (US20140057240), in view of Hawn (US20100223109), in view of Strohofer (US20160217539A1), further in view of Byrd (US20140280551)
Regarding to claim 10:
Westmoreland- Colby-Hawn-Strohofer teaches The method of claim 5, further comprising:
providing each of the team members who have answered the second set of questions with a third set of questions ([0101] The teambuilding area may include … a first activity section 68 … a fifth activity section 75 … a first subsection 76, a second subsection 78, and/or other subsections. [0102-0103] facilitate travel of arriving avatars to the other sections and/or subsections of the teambuilding area … a selectable listing of sections … provide an environment in which activities performed in the teambuilding area can be discussed. [0026] discuss their answers to the questions. Also see fig. 14 [0171] At operation 170, answers from the individual users to the presented question may be obtained. Operations 168 and 170 may be looped until the series of questions has been posed and/or the common content has been exhausted);
providing access to a fourth set of questions comprising at least one question to those team members who answered at least one question in the third set of questions (([0101] a teambuilding area … a communication section 66, a first activity section 68 … a fifth activity section 75, and/or other sections. The communication section 66 may include a first subsection 76, a second subsection 78, and/or other subsections. [0102-0103] facilitate travel of arriving avatars to the other sections and/or subsections of the teambuilding area … a selectable listing of sections … provide an environment in which activities performed in the teambuilding area can be discussed. [0026] discuss their answers to the questions. [0171] At operation 170, answers from the individual users to the presented question may be obtained. Operations 168 and 170 may be looped until the series of questions has been posed)
Westmoreland- Colby-Hawn-Strohofer does not explicitly disclose segregating team members based on which of the one or more questions in the third set of questions is answered.
Byrd teaches segregating the team members based on which of the at least one question in the third set of questions is answered ([0001] pairing users with social media communities [0076-0079] the user may log into … a computing device may generate and/or display a community pairing welcome screen … the user may answer a sequence of questions posed by the community pairing wizard and placed in (or recommended) one or more communities based on the user's answers)
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Byrd and apply them on the teachings of Westmoreland- Colby-Hawn-Strohofer to further implement segregating team members based on which of the one or more questions in the third set of questions is answered. One would be motivated to do so because in order to improve better system and method to provide paired or placed in (or recommended) one or more communities based on the user's answers (Byrd, [0079]).
Regarding to claim 20:
Westmoreland- Colby-Hawn-Strohofer teaches The method of claim 5,
Westmoreland- Colby-Hawn-Strohofer does not explicitly disclose wherein the method further comprises tagging ones of the team members based on how the at least one question in the first set of questions was answered
Byrd teaches wherein the method further comprises tagging ones of the team members based on how the first opening question in the first set of questions was answered ([0001] pairing users with social media communities [0076-0079] the user may log into … the user may answer a sequence of questions posed by the community pairing wizard and placed in (or recommended) one or more communities based on the user's answers. [0087] Each community may have associated tags. [0089] Community 1 with the associated tags illustrated in Table 1 may be created).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Byrd and apply them on the teachings of Westmoreland- Colby-Hawn-Strohofer to further implement wherein the method further comprises tagging ones of the team members based on how the at least one question in the first set of questions was answered. One would be motivated to do so because in order to improve better system and method to provide paired or placed in (or recommended) one or more communities based on the user's answers (Byrd, [0079]).
Claims 8, 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Westmoreland (US20120054281), in view of Colby (US20140057240), in view of Hawn (US20100223109), in view of Strohofer (US20160217539A1), further in view of Tabrizi (US20160112212).
Regarding to claim 8:
Westmoreland- Colby-Hawn-Strohofer teaches The method of claim 5,
Westmoreland- Colby-Hawn-Strohofer does not explicitly disclose wherein each question of the one or more question is tagged based to correspond to one or more rhetorical appeals
Tabrizi teaches wherein each question of the first set of question is tagged to correspond to one or more rhetorical appeals ([0026] tags associated with the user's question may be compared to topics and/or tags associated with existing questions to find questions that have the most topics and/or tags in common with the user's question. [0021] questions regarding technology … questions regarding economics. See Fig. 1 “I have a question about technology” is one or more rhetorical appeals)
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Tabrizi and apply them on the teachings of Westmoreland- Colby-Hawn-Strohofer to further implement wherein each question of the one or more question is tagged based to correspond to one or more rhetorical appeals One would be motivated to do so because in order to improve better system and method to provide tags on questions that regarding technology, questions regarding economic (Tabrizi, [0021][0026]).
Regarding to claim 11:
Westmoreland- Colby-Hawn-Strohofer teaches The method of claim 8,
Westmoreland- Colby-Hawn-Strohofer does not explicitly disclose comprising gathering data on an answer rate for questions based on rhetorical appeals.
Tabrizi teaches comprising gathering data on an answer rate for questions based on rhetorical appeals (Tabrizi, [0051] If the user selects an answer that the user is interested in viewing, the EXP server may provide an answer response 383. The answer response may include data such as answer ID, answer content, answer rating. Note: interested in viewing is rhetorical appeals. See spec [0062] the rhetorical appeals … that reveal emotion, credibility and/or logic (i.e. ethos, pathos and/or logos) )
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Tabrizi and apply them on the teachings of Westmoreland- Colby-Hawn-Strohofer to further implement comprising gathering data on answer rate for questions based on rhetorical appeals. One would be motivated to do so because in order to improve better system and method to provide If the user selects an answer that the user is interested in viewing, the EXP server may provide an answer response 383. The answer response may include data such as answer ID, answer content, answer rating (Tabrizi, [0051]).
Regarding to claim 12:
Westmoreland- Colby-Hawn-Strohofer teaches The method of claim 11,
Westmoreland- Colby-Hawn-Strohofer does not explicitly disclose further comprising selecting one of the at least one question in the fourth set of questions based on the answer rate.
Tabrizi teaches further comprising selecting one of the at least one question in the fourth set of questions based on the answer rate (Tabrizi, [0026] A determination may be made at 205 whether other questions have been asked that are similar to the question obtained from the user. In one embodiment, a textual search may be performed by the EXP to make this determination. [0031] If the user did select a similar question at 246 … selected question has been answered … Voting for a question allows a user to indicate interest in having the question answered by an expert)
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Tabrizi and apply them on the teachings of Westmoreland- Colby-Hawn-Strohofer to further implement selecting said further question asked based on answer rate. One would be motivated to do so because in order to improve better system and method to provide Voting for a question allows a user to indicate interest in having the question answered by an expert (Tabrizi, [0031]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Westmoreland (US20120054281), in view of Colby (US20140057240), in view of Tabrizi (US20160112212), in view of Strohofer (US20160217539A1), further in view of Sinha (US20180143986)
Regarding to claim 9:
Westmoreland- Colby-Hawn-Strohofer-Tabrizi teaches The method of claim 8,
Westmoreland- Colby-Hawn-Strohofer-Tabrizi does not explicitly disclose wherein the one or more rhetorical appeals is selected from ethos, pathos and logos.
Sinha teaches wherein the at least one of rhetorical appeals is selected from ethos, pathos and logos ([0027] provides content items that are more likely to persuade or appeal to a user's (e.g., a viewer's) mind. Persuasiveness of a content item can be viewed as a combination of pathos, ethos, and logos).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Sinha and apply them on the teachings of Westmoreland- Colby-Hawn-Strohofer-Tabrizi to further implement wherein the one or more rhetorical appeals is selected from ethos, pathos and logos One would be motivated to do so because in order to improve better system and method to provides content items that are more likely to persuade or appeal to a user's (e.g., a viewer's) mind. Persuasiveness of a content item can be viewed as a combination of pathos, ethos, and logos (Sinha, [0027]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
This action is a final rejection and is intended to close the prosecution of this application. Applicant’s reply under 37 CFR 1.113 to this action is limited either to an appeal to the Patent Trial and Appeal Board or to an amendment complying with the requirements set forth below.
If applicant should desire to appeal any rejection made by the examiner, a Notice of Appeal must be filed within the period for reply identifying the rejected claim or claims appealed. The Notice of Appeal must be accompanied by the required appeal fee.
If applicant should desire to file an amendment, entry of a proposed amendment after final rejection cannot be made as a matter of right unless it merely cancels claims or complies with a formal requirement made earlier. Amendments touching the merits of the application which otherwise might not be proper may be admitted upon a showing a good and sufficient reasons why they are necessary and why they were not presented earlier.
A reply under 37 CFR 1.113 to a final rejection must include the appeal from, or cancellation of, each rejected claim. The filing of an amendment after final rejection, whether or not it is entered, does not stop the running of the statutory period for reply to the final rejection unless the examiner holds the claims to be in condition for allowance. Accordingly, if a Notice of Appeal has not been filed properly within the period for reply, or any extension of this period obtained under either 37 CFR 1.136(a) or (b), the application will become abandoned.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIEN DOAN whose telephone number is 571 272-4317. The examiner can normally be reached on Monday-Thursday and biweekly Friday 9am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SRIVASTAVA VIVEK can be reached on 571-272-7304(571)272-7304. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIEN V DOAN/Examiner, Art Unit 2449
/VIVEK SRIVASTAVA/Supervisory Patent Examiner, Art Unit 2449