DETAILED ACTION
This Final Office Action is in response Applicant communication filed on
12/26/2025. In Applicant’s amendment, claims 1 and 9-12 were amended. Claims 8 and 19 are cancelled. Claims 1-7 and 9-18 are currently pending and have been rejected as follows.
Response to Amendments
Rejections under 35 USC 101 are withdrawn. Applicant’s amendments necessitated new grounds of rejection under 35 USC 103.
Response to Arguments
Rejections under 35 USC 101 are withdrawn because applicant cancelled claim 8 and claims 9-11 depend from claim 1, which was determined to be patent eligible subject matter in the 3/17/2025 Office Action.
Applicant's prior art arguments have been fully considered but they are not persuasive to overcome the rejection.
Applicant argues on p.15-16 that the combination of Boccuzzi, Nath, and Gu do not disclose updating at the at least one other of the plurality of location-based computing devices via a third electronic communication that the opportunity is no longer available and that the opportunity has been fulfilled. Examiner respectfully disagrees. Boccuzzi in [0040] “in response to a third participant input 92 (e.g., operation of the mobile app 18 to "claim now" a task 26 from the displayed list 22c, as further discussed below with reference to FIG. 9), the mobile app may signal 94 to the app server 40 that the claimed task 26 should be de-listed or marked as claimed in other participants' task lists 22c,” note a claimed task is de-listed or marked as claimed in other participants’ task lists; [0065] “Within the scrolling list form 170, each task is displayed as a task button 173, which for example displays store location on left, product brand in the middle, and reward on the right. The task buttons may be differentiated as unclaimed by anyone, or claimed but not completed. Typically, completed tasks will not be displayed,” note the task buttons differentiate claimed, unclaimed, completed; [0066] note once claimed to the required extent, the task is no longer displayed to new users; [0067] note the queue states include `Accepted`, `Denied`, or `Expired.` It is clear from Boccuzzi’s disclosure that when one participant selects claim now, the mobile app signals the server that the claimed task should be de-listed or marked as claimed in other participants’ task lists. Boccuzzi also shows that completed tasks are tracked in a completed task record and that completed tasks are not displayed to other participants.
Applicant argues on p. 16-17 that the combination of Boccuzzi, Nath, and Gu do not teach relinquishing the exclusive control link in response to fulfilment of the opportunity. Examiner respectfully disagrees for the same reasons explained above with respect to claim 1 and has updated the rejection below accordingly.
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.
Claims 1-7 and 9-11 are rejected under 35 USC 103 as being unpatentable over the teachings of
Boccuzzi, JR. et al., US Publication No. 20140278850 A1, cite no. 2 on IDS filed 12/6/2021, hereinafter Boccuzzi, in view of
Nath et al., US Publication No. 2014/0372160 A1, cite no. 1 on IDS filed 4/6/2023, hereinafter Nath
Gu et al., US Publication No. 20210133835 A1, hereinafter Gu. As per,
Claim 1
Boccuzzi teaches
A computer-based method, comprising:
receiving a first electronic communication as a push notification corresponding to an opportunity to observe real-world data about a product for sale, the first electronic communication sent to a plurality of location-based computing devices each executing a real-world observance opportunity application, the electronic communication sent from a data observation computing platform executing a real-world observance opportunity platform, the opportunity related to an observation campaign administered by the real-world observance opportunity platform, wherein receiving the electronic communication corresponding to the opportunity is based upon proximity of one or more of the plurality of based computing devices to a location associated with the opportunity; (Boccuzzi fig. 2; [0038] “ the app server 40 retrieves 84 from the database 10 that particular participant's data 22, then pushes 86 the data 22 to the participant's instance of the mobile app 18, including the list 22c of tasks 26 for which the particular participant 16 has been identified”; fig. 3; [0044] noting the price check corresponding to a product for sale; [0009] “a mobile device is configured to alert a user of the mobile device (a potential participant in the invention) of proximity and availability of a location-based task. Thus, embodiments of the invention provide a web and mobile platform that connects businesses ("customers") with consumers ("participants") who are willing to collect and supply market data, or perform other tasks”)
[…];
[…], the collected real-world data comprising audio visual data about the product and meta data about the location of the product; (Boccuzzi [0025] “The various tasks 26 that may be requested may include, for example, mystery shopping of a particular department within a retail location; photography or videography of a seasonal product display”; [0053] “Then the analytics engine 34 disaggregates 140 the new task data 32 into discrete responses 142, each of the responses having a particular type 120 (e.g., chronologic, locational” noting the locational task data)
sending the collected real-world data to the observation computing platform from the location-based computing device; (Boccuzzi fig. 2; [0039] “The app server 40 monitors each active instance of the mobile app 18 for data pushed from the mobile app to the app server in response to participant inputs”)
receiving a second electronic communication as a push notification indicating initiation of compensation to the owner of the location-based computing device if the collected real-world data is determined to fulfill the opportunity in response to an analysis that is executed by the real-world observance opportunity platform; and (Boccuzzi [0068] “Once a task is "submitted" 182, then if the task meets the heuristics 150, and the participant was first to submit the task, the task is `Accepted` and the participant's data is updated to indicate the dollar amount, points, and any other rewards”; [0073] “the analytics engine then may push directly to the app server 40, for presentation via the mobile app 18 to other participants who complete a fishing lure related task”)
updating at the at least one other of the plurality of location-based computing devices via a third electronic communication that the opportunity is no longer available and that the opportunity has been fulfilled. (Boccuzzi in [0040] “in response to a third participant input 92 (e.g., operation of the mobile app 18 to "claim now" a task 26 from the displayed list 22c, as further discussed below with reference to FIG. 9), the mobile app may signal 94 to the app server 40 that the claimed task 26 should be de-listed or marked as claimed in other participants' task lists 22c,” note a claimed task is de-listed or marked as claimed in other participants’ task lists; [0065] “Within the scrolling list form 170, each task is displayed as a task button 173, which for example displays store location on left, product brand in the middle, and reward on the right. The task buttons may be differentiated as unclaimed by anyone, or claimed but not completed. Typically, completed tasks will not be displayed,” note the task buttons differentiate claimed, unclaimed, completed; [0066] note once claimed to the required extent, the task is no longer displayed to new users; [0067] note the queue states include `Accepted`, `Denied`, or `Expired.` It is clear from Boccuzzi’s disclosure that when one participant selects claim now, the mobile app signals the server that the claimed task should be de-listed or marked as claimed in other participants’ task lists. Boccuzzi also shows that completed tasks are tracked in a completed task record and that completed tasks are not displayed to other participants)
Bocuzzi does not explicitly teach, Nath however in the analogous art of campaign opportunities teaches
indicating acceptance of the opportunity at one of the plurality of location-based computing devices and exclusively locking out the opportunity from activity by at least one other of the plurality of location based computing devices at the data observation computing platform; (Nath fig. 5; [0063] “FIG. 5 represents example task assignment concepts, once an acceptance is received at step 502. If there are enough other acceptances for the accepting worker to begin, then the worker is instructed to begin (step 504); for many tasks the single worker acceptance is the only acceptance that is needed;” [0064] “Step 508 instructs the worker or workers to begin the task, or at least a first part thereof. Note that the steps of FIG. 4 may be carried out by the task broker 108, whereas those of FIG. 5 may be carried out by the task server 110;” [0059] “As part of the offer, the worker may be given a set of one or more tasks with … a time limit;” [0060] “Step 418 represents evaluating whether enough offers have been made. For example, a task may specify that three workers are desired, whereby three offers at a time may be outstanding” noting the specified number of offers to complete a task, as determined by the task issuer, is limited and associated with a time limit)
[…] having an exclusive integrated control link with the real-world observance opportunity application executing on the location-based computing device; (Nath fig. 5; [0063] “FIG. 5 represents example task assignment concepts, once an acceptance is received at step 502. If there are enough other acceptances for the accepting worker to begin, then the worker is instructed to begin (step 504); for many tasks the single worker acceptance is the only acceptance that is needed;” [0064] “Step 508 instructs the worker or workers to begin the task, or at least a first part thereof. Note that the steps of FIG. 4 may be carried out by the task broker 108, whereas those of FIG. 5 may be carried out by the task server 110;” [0059] “As part of the offer, the worker may be given a set of one or more tasks with … a time limit;” [0060] “Step 418 represents evaluating whether enough offers have been made. For example, a task may specify that three workers are desired, whereby three offers at a time may be outstanding” noting the specified number of offers to complete a task, as determined by the task issuer, is limited and associated with a time limit)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify Boccuzzi’s campaign opportunities to include exclusively locking out the opportunity from others in response to the acceptance in view of Nath in an effort to improve the turnaround time of completing tasks (see Nath ¶ [0019] & MPEP 2143G).
Bocuzzi / Nath do not explicitly teach, Gu however in the analogous art of real-world data analysis teaches
collecting real-world data corresponding to the opportunity through an autonomous remote vehicle configured to maneuver to a location directed by the location-based computing device, […], the autonomous remote vehicle […]; (Gu [0035] “the mechanical devices may receive instructions (including instructions for both navigation and interactions with objects) from the computer system;” [0046] “Examples of such devices may include robots roaming around the store, smart shelves with mobile arms or rails, drones with image sensors”)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify Boccuzzi’s campaign opportunities and Nath’s exclusive lockout to include utilizing an autonomous remote vehicle in view of Gu in an effort to improve automation for inventory management (see Gu ¶ [0003] & MPEP 2143G).
Claim 2
Boccuzzi teaches
further comprising receiving the first electronic communication corresponding to the opportunity based upon a rating of the location-based computing device. (Boccuzzi [0034] “Other requirements may include participant identity data 22a such as participant status. For example, a customer 12 may only want its tasks performed by participants who have established a longstanding reputation for quality work”)
Claim 3
Boccuzzi teaches
wherein the compensation further comprises coordination of a third-party service to provide financial compensation to an owner of the location-based computing device. (Boccuzzi [0025] “Rewards 28 may include cash, store credits, gift cards”)
Claim 4
Boccuzzi teaches
wherein the compensation further comprises non-financial compensation to the user. (Boccuzzi [0059] “the status point system 156 is a tiered point system to reward participants … Points are awarded each time a participant submits a chosen task results (positive)”)
Claim 5
Boccuzzi teaches
further comprising receiving a third electronic communication indicating an availability of a second opportunity in response to successfully fulfilling the opportunity corresponding to the first electronic communication. (Boccuzzi [0045] “The customer 12 also can select 130 whether conditional logic will affect display of the particular task step, e.g., whether the task step will be displayed or not displayed based on completion or non-completion of a previous step. Selecting conditional logic 130 will cause display of a pop-out logic window 132”; [0071] “ if the participant 16 has purchased oat cereal every 14-16 days on average and it has been 12 days since their last purchase, the mobile app 18 will display an in-store reminder about oat cereal ”)
Claim 6
Boccuzzi teaches
further comprising: sending a third electronic communication to the observation platform corresponding to an acceptance of an opportunity; and receiving a fourth electronic communication from the observation platform with an indication that the opportunity is exclusively locked out from other location-based computing devices. (Boccuzzi [0066] “By selecting a task button 173, the participant can access a task detail screen 174 (FIG. 10), which displays the task location, a map to the location, a synopsis or brief description 175 of the task (including model photo and time constraints as well as the potential task rewards), buttons to "add to queue" 176 or "claim now" 178 as discussed above with reference to FIG. 2, a brand logo, and a button 186 for sharing the task via a social network. Once a task has been claimed by a number of participants set by the requesting customer (by default, 25 participants), the task will no longer be displayed to new users.”)
Claim 7
Boccuzzi teaches
further comprising updating a reputation score associated with the location-based computing device in response to the collecting real-world data corresponding to the opportunity through activity directed by the location- based computing device. (Boccuzzi [0060] “Each participant 16 begins with a pool of points, which is augmented by positive behavior”)
Claim 9
Bocuzzi / Nath do not explicitly teach, Gu however in the analogous art of real-world data analysis teaches
wherein collecting real-world data corresponding to the opportunity through an autonomous remote vehicle further comprises collecting real-world data corresponding to the opportunity through an autonomous drone computing device having a mounted image capture device. (Gu [0046] “Examples of such devices may include robots roaming around the store, smart shelves with mobile arms or rails, drones with image sensors”)
The rationales to modify/combine the teachings of Bocuzzi / Nath with/and the teachings of Gu are presented in the examining of claim 1 and incorporated herein.
Claim 10
Bocuzzi / Nath do not explicitly teach, Gu however in the analogous art of real-world data analysis teaches
wherein collecting real-world data corresponding to the opportunity through an autonomous remote vehicle further comprises collecting real-world data corresponding to the opportunity through an autonomous floor-cleaning computing device having a mounted image capture device. (Gu [0060] “the mechanical device 400 may send the observations of dropped objects (e.g., liquid, product items, banana peels) to the computer system to notify store employees or another specialized mechanical device (e.g., a robot janitor) to clean them up. In some embodiments, the mechanical device 400 may be loaded with equipment to perform the clean-up on site” noting the robot janitor corresponding to the autonomous floor cleaning computing device)
The rationales to modify/combine the teachings of Bocuzzi / Nath with/and the teachings of Gu are presented in the examining of claim 1 and incorporated herein.
Claim 11
Bocuzzi / Nath do not explicitly teach, Gu however in the analogous art of real-world data analysis teaches
wherein collecting real-world data corresponding to the opportunity through an autonomous remote vehicle further comprises collecting real-world data corresponding to the opportunity through a smart shelf computing device having a mounted image capture device. (Gu [0035] “the computer system with the help of mechanical devices, such as … a smart shelf with mechanical rails or arms … the mechanical devices may be equipped with one or more sensors (e.g., image sensors, proximity sensors, liquid detection sensors, motion sensors, laser sensors)”)
The rationales to modify/combine the teachings of Bocuzzi / Nath with/and the teachings of Gu are presented in the examining of claim 1 and incorporated herein.
Claims 12-18 are rejected under 35 USC 103 as being unpatentable over the teachings of
Boccuzzi in view of Gu in view of Nath. As per,
Claim 12
Boccuzzi teaches
A location-based […] computing device, comprising: a processor configured to execute computer-executable instructions; a display coupled to the processor and configured to display a graphical user interface in response to the executing of the computer-executable instructions; a memory coupled to the processor and configured to store data in response to the executing of the computer-executable instructions; and a communication module coupled to the processor and configured to send and receive electronic communications regarding opportunities to observer real-world data; wherein the computer-executable instructions, when executed, cause: executing a real-world data observance opportunity application at the location-based computing device that is communicatively coupled to an observation computing platform; (Boccuzzi [0030] “The database 10 is connected in communication with the analytics engine 34, a web server 38 (which serves instances of the web interface 14), and an app server 40 (which serves instances of the mobile app 18). Although the analytics engine, web server, and app server are conceptually distinct, some or all may be embodied in a same computing device (processor and associated data storage) or may be distributed across several or many computing devices, e.g., in a cloud or virtual machine configuration”; fig. 8; fig. 1; [0024])
receiving a first electronic communication as a push notification from the observation computing platform corresponding to an opportunity to observe real- world data about a product for sale, the opportunity related to an observation campaign administered by the observation computing platform; (Boccuzzi fig. 2; [0038] “ the app server 40 retrieves 84 from the database 10 that particular participant’s data 22, then pushes 86 the data 22 to the participant’s instance of the mobile app 18, including the list 22c of tasks 26 for which the particular participant 16 has been identified”; fig. 3; [0044] noting the price check corresponding to a product for sale; [0009] “a mobile device is configured to alert a user of the mobile device (a potential participant in the invention) of proximity and availability of a location-based task. Thus, embodiments of the invention provide a web and mobile platform that connects businesses (“customers”) with consumers (“participants”) who are willing to collect and supply market data, or perform other tasks”)
[…];
[…];
[…], the collected real-world data comprising audio visual data about the product and meta data about the location of the product; (Boccuzzi [0025] “The various tasks 26 that may be requested may include, for example, mystery shopping of a particular department within a retail location; photography or videography of a seasonal product display”; [0053] “Then the analytics engine 34 disaggregates 140 the new task data 32 into discrete responses 142, each of the responses having a particular type 120 (e.g., chronologic, locational” noting the locational task data)
sending the collected real-world data to the observation computing platform; (Boccuzzi fig. 2; [0039] “The app server 40 monitors each active instance of the mobile app 18 for data pushed from the mobile app to the app server in response to participant inputs”)
receiving a second electronic communication as a push notification from the observation computing platform indicating initiation of compensation if the collected real-world data is determined to fulfill the opportunity in response to a second analysis by the observation computing platform; and (Boccuzzi [0068] “Once a task is “submitted” 182, then if the task meets the heuristics 150, and the participant was first to submit the task, the task is `Accepted` and the participant’s data is updated to indicate the dollar amount, points, and any other rewards”; [0073] “the analytics engine then may push directly to the app server 40, for presentation via the mobile app 18 to other participants who complete a fishing lure related task”)
relinquishing the exclusive control link in response to fulfilment of the opportunity. (Boccuzzi in [0040] “in response to a third participant input 92 (e.g., operation of the mobile app 18 to "claim now" a task 26 from the displayed list 22c, as further discussed below with reference to FIG. 9), the mobile app may signal 94 to the app server 40 that the claimed task 26 should be de-listed or marked as claimed in other participants' task lists 22c,” note a claimed task is de-listed or marked as claimed in other participants’ task lists; [0065] “Within the scrolling list form 170, each task is displayed as a task button 173, which for example displays store location on left, product brand in the middle, and reward on the right. The task buttons may be differentiated as unclaimed by anyone, or claimed but not completed. Typically, completed tasks will not be displayed,” note the task buttons differentiate claimed, unclaimed, completed; [0066] note once claimed to the required extent, the task is no longer displayed to new users; [0067] note the queue states include `Accepted`, `Denied`, or `Expired.` It is clear from Boccuzzi’s disclosure that when one participant selects claim now, the mobile app signals the server that the claimed task should be de-listed or marked as claimed in other participants’ task lists. Boccuzzi also shows that completed tasks are tracked in a completed task record and that completed tasks are not displayed to other participants, effectively relinquishing the exclusive control link responsive to fulfilment of the opportunity)
Bocuzzi / Nath do not explicitly teach, Gu however in the analogous art of real-world data analysis teaches
[…] aerial drone […]; (Gu [0046] “the inputs may also include the sensor data collected by movable mechanical devices equipped with sensors. Examples of such devices may include … drones with image sensors”)
causing the aerial drone to move to a location of the opportunity […]; (Gu [0046]; [0051] “the interaction phase of a routine may involve a mechanical device, the computer system, or a combination thereof, to execute a list of instructions to accomplish the corresponding task. For example, the instructions for the mechanical device to remove a misplaced item may comprise: gripping the misplaced item, placing the misplaced item into a storage unit associated with the mechanical device, and moving the mechanical device to a designated location” noting the movable mechanical device example of a drone moving to a location of a task)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify Boccuzzi’s campaign opportunities to include an aerial drone moving to an instructed location in view of Gu in an effort to automatically manage products in a store (see Gu ¶ [0069] & MPEP 2143G).
Bocuzzi / Gu do not explicitly teach, Nath however in the analogous art of campaign opportunities teaches
[…]. through an exclusive integrated control link with the real-world observance opportunity application; (Nath fig. 5; [0063] “FIG. 5 represents example task assignment concepts, once an acceptance is received at step 502. If there are enough other acceptances for the accepting worker to begin, then the worker is instructed to begin (step 504); for many tasks the single worker acceptance is the only acceptance that is needed;” [0064] “Step 508 instructs the worker or workers to begin the task, or at least a first part thereof. Note that the steps of FIG. 4 may be carried out by the task broker 108, whereas those of FIG. 5 may be carried out by the task server 110;” [0059] “As part of the offer, the worker may be given a set of one or more tasks with … a time limit;” [0060] “Step 418 represents evaluating whether enough offers have been made. For example, a task may specify that three workers are desired, whereby three offers at a time may be outstanding” noting the specified number of offers to complete a task, as determined by the task issuer, is limited and associated with a time limit)
facilitating acceptance of the opportunity by the location-based computing device and exclusively locking out the opportunity from activity by any other location-based mobile computing device at the observation computing platform; (Nath fig. 5; [0063] “FIG. 5 represents example task assignment concepts, once an acceptance is received at step 502. If there are enough other acceptances for the accepting worker to begin, then the worker is instructed to begin (step 504); for many tasks the single worker acceptance is the only acceptance that is needed;” [0064] “Step 508 instructs the worker or workers to begin the task, or at least a first part thereof. Note that the steps of FIG. 4 may be carried out by the task broker 108, whereas those of FIG. 5 may be carried out by the task server 110;” [0059] “As part of the offer, the worker may be given a set of one or more tasks with … a time limit;” [0060] “Step 418 represents evaluating whether enough offers have been made. For example, a task may specify that three workers are desired, whereby three offers at a time may be outstanding” noting the specified number of offers to complete a task, as determined by the task issuer, is limited and associated with a time limit)
facilitating collecting real-world data corresponding to the opportunity through activity directed by the location-based computing device, […]; (Nath [0020]-[0021] “For example, while some of the examples herein are for mobile devices, some of the concepts may be applied to non-mobile devices. As such, the present invention is not limited to any particular embodiments, aspects, concepts, structures, functionalities or examples described herein … FIG. 1 is a general conceptual diagram showing how task issuers 102 interact with a mobile task service 104 to provide tasks (jobs) to a plurality of mobile workers via worker devices 1061-106N. In general, the workers perform tasks and return results to the mobile task server, typically in exchange for some compensation”)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify Boccuzzi’s campaign opportunities and Gu’s drone to include exclusively locking out the opportunity from others in response to the acceptance in view of Nath in an effort to improve the turnaround time of completing tasks (see Nath ¶ [0019] & MPEP 2143G).
Claim 13
Bocuzzi teaches
wherein the collected real-world data comprises a digital image of a product for sale at a retail location. (Boccuzzi [0025] “The various tasks 26 that may be requested may include, for example, mystery shopping of a particular department within a retail location; photography or videography of a seasonal product display; verification of a private label product display; store cleanliness inspections; signage checks; stock checking; price label verifications; identification of new item marketing; validation of a promotional display”)
Claim 14
Bocuzzi teaches
wherein the real-world data collected comprises a price of a product for sale at a retail location. (Boccuzzi [0025] “The various tasks 26 that may be requested may include, for example, mystery shopping of a particular department within a retail location; photography or videography of a seasonal product display; verification of a private label product display; store cleanliness inspections; signage checks; stock checking; price label verifications; identification of new item marketing; validation of a promotional display”)
Claim 15
Bocuzzi teaches
wherein the collected real-world data comprises a temperature of the location of the opportunity. (Boccuzzi [0025]-[0026] teaches gathering task data which is entered and described various survey elements that a user can assess and respond to, entering this data into their mobile device. This particular kind of data is non-functional descriptive material. The data is not functionally involved in the steps recited nor do they alter the recited structural elements. The recited method steps would be performed the same regardless of the specific data (i.e. they do not affect the mere gathering and transmitting of survey data, regardless of what the user is entering into their mobile device, e.g. a current price of a product or the temperature are both just numbers). Further, the structural elements remain the same regardless of the specific data. Thus, this descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994); 2106.)MPEP)
Claim 16
Bocuzzi teaches
collected real-world data comprises a status of an object corresponding to the location of the opportunity. (Boccuzzi [0025] “The various tasks 26 that may be requested may include, for example, mystery shopping of a particular department within a retail location; photography or videography of a seasonal product display; verification of a private label product display; store cleanliness inspections; signage checks; stock checking; price label verifications; identification of new item marketing; validation of a promotional display”)
Claim 17
Bocuzzi teaches
wherein the collected real-world data comprises a pressure of the location of the opportunity. (Boccuzzi [0025]-[0026] teaches gathering task data which is entered and described various survey elements that a user can assess and respond to, entering this data into their mobile device. This particular kind of data is non-functional descriptive material. The data is not functionally involved in the steps recited nor do they alter the recited structural elements. The recited method steps would be performed the same regardless of the specific data (i.e. they do not affect the mere gathering and transmitting of survey data, regardless of what the user is entering into their mobile device, e.g. a current price of a product or the temperature are both just numbers). Further, the structural elements remain the same regardless of the specific data. Thus, this descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994); 2106.)MPEP)
Claim 18
Bocuzzi teaches
wherein the collected real-world data comprises a verification of previously collected real-world data. (Bocuzzi [0057] “the analytics engine may assess the participant's compliance history or status points (stored as part of the identity data 22a or as part of the task record 22e) in order to determine whether the task data 32 should be flagged for manual review”)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2013/0185138 A1; WO 2011/134048 A1; Sinha et al., A dynamic microtask scheduling approach for SLO based human-augmented computing, 2016.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED EL-BATHY whose telephone number is (571)270-5847. The examiner can normally be reached on M-F 8AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PATRICIA MUNSON can be reached on (571) 270-5396. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED N EL-BATHY/Primary Examiner, Art Unit 3624