DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
Claims 1, 3, 8, 15, 17 and 20 are presently amended.
Claims 1-20 are pending.
Response to Amendment
Applicant’s amendments are acknowledged.
Response to Arguments
4 Applicant' s arguments filed 6/17/2025 have been fully considered in view of further consideration of statutory law, Office policy, precedential common law, and the cited prior art as necessitated by the amendments to the claims, and are not persuasive for the reasons set forth below.
35 USC § 101 Rejections
First, Applicant argues that “claim 1 has been amended to recite, infer alia, “training a neural network using the data to learn the workflow…”
…there is nothing in the present embodiments that read on social activities, teaching, and following rules or instructions at least because the present embodiments include additional features that are significantly more than mere social activities, teaching, and following rules such as training a neural network to learn the workflow and efficiently allocate computational resources within a technological framework utilized with the workflow. See at least claim 1.
Thus, the present embodiments are not directed to managing personal behavior subgrouping of methods of organizing human activity.
Additionally, the present embodiments are not directed to an abstract idea at least because the present embodiments train a neural network.
MPEP 2106.04(a)(1)(vii) states that training a neural network with a transformed training set is not directed to an abstract idea.
Here, similar to MPEP 2106.04(a)(1)(vii), the present embodiments train a neural network with a transformed training set such as data assessed to identify attributes of the workflow that is expressed in a series of elements. See at least claim 1.
Thus, similar to MPEP 2106.04(a)(1)(vii), the present embodiments are not directed to an abstract idea at least because the present embodiments train a neural network” [Arguments, pages 9-11].
In response, Applicant’s arguments are considered but are not persuasive. Examiner respectfully disagrees and maintains that the present invention recited a judicial exception without significantly more. In particular, Examiner maintains that the present claims, when considered as a whole, are directed to concepts relating to certain methods of organizing human activity. The limitations of the present claims describe steps for managing personal behavior or relationships or interactions between people, including social activities, teaching, and following rules or instructions. Specifically, identifying and augmenting steps of a workflow for fitment to business practices is considered to set forth steps for following rules or instructions.
Further, regarding the assertion that the present embodiments are not directed to an abstract idea at least because the present embodiments train a neural network, Examiner respectfully disagrees. MPEP 2106.04(a)(1)(vii) describes an exemplary method of training a neural network for facial detection (i.e. McRO, Inc. v. Bandai Namco Games Am). Here, the Federal Circuit held this claims as eligible because of the clear improvements to automatic lip synchronization and facial expression animation technologies, rather than because of the recited step of training a neural network.
The July 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence includes Example 47, wherein claim 2 was determined to be ineligible despite reciting a step for training an artificial neural network. Claim 3 of Example 47 was found to be eligible because of a clear improvement in the technical field of network intrusion detection. Specifically, the claim reflects the improvement in step (d), dropping potentially malicious packets in step (e), and blocking future traffic from the source address in step (f).
In contrast, Examiner observes that the present claims merely recite the result of an optimized workflow without clearly demonstrating how the improvement is achieved. In essence, Examiner respectfully maintains that the claims simply state a judicial exception while effectively adding words that “apply it” using a neural network (See MPEP 2106.05(f)). Thus, Examiner respectfully maintains that the claims recite a judicial exception without significantly more. As such, Examiner remains unpersuaded.
Second, Applicant argues that “the present embodiments integrate the abstract idea into practical applications. The present embodiments improve a technological framework used in a workflow… the present embodiments improve a technological framework used in a workflow…
The present embodiments alleviate these issues through a process including training a neural network using the data to learn the workflow and efficiently allocate computational resources within a technological framework utilized with the workflow by assessing the data to identify attributes of the workflow that is expressed in a series of elements. See at least claim 1. One skilled in the art would readily appreciate that this process improves the functioning of the technological framework used in the workflow. Thus, the present embodiments improve a technological framework used in a workflow” [Arguments, pages 11-12].
In response, Applicant’s arguments are considered but are not persuasive for the same reasons as stated in the above-argument. In particular, Examiner observes that the present claims merely recite the result of an optimized workflow without clearly demonstrating how the improvement is achieved. In essence, Examiner respectfully maintains that the claims simply state a judicial exception while effectively adding words that “apply it” using a neural network (See MPEP 2106.05(f)). Thus, Examiner respectfully maintains that the claims recite a judicial exception without significantly more. As such, Examiner remains unpersuaded.
35 USC § 102/103 Rejections
First, Applicant argues that “Smith fails to disclose or suggest at least “training a neural network…”… Instead, Smith is directed to a computer network implemented system for providing unified workflows that integrate multiple computer network resources to increase sales efficiency. See at least Smith Abstract, para, [0080]-[0081]…” [Arguments, pages 13-14].
In response, Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1: Claims 1-20 are directed to statutory categories, namely a process (claims 1-7), a machine (claims 8-14) and an article of manufacture (claims 15-20).
Step 2A, Prong 1: Claims 1, 8 and 15, in part, recite the following abstract idea:
…A… method assess a user's workflow on a task comprising: receiving data regarding a workflow of a user completing a task; training… using the data to learn the workflow and efficiently allocate computational resources within a technological framework utilized with the workflow by assessing the data to identify attributes of the workflow that is expressed in a series of elements; analyzing, using…, the elements of the workflow to identify areas of improvement to the technological framework; generating, using…, augmentations to the technological framework from a plurality of technology fitments matched to the areas for improvement in the elements of the workflow; sending the augmentations to a user device for communicating to the user; receiving confirmation of fitment to business practices of persona; and adjusting the augmentations responsive to confirmation of fitment to provide an optimized workflow [Claim 1],
…A… to assess a user's workflow on a task comprising…; receive data regarding a workflow of a user completing a task; train… using the data to learn the workflow and efficiently allocate computational resources within a technological framework utilized with the workflow by assess the data to identify attributes of the workflow that is expressed in a series of elements; analyze, using…, the steps of the workflow to identify areas of improvement to the technological framework; generate, using…, augmentations to the technological framework from a plurality of technology fitments matched to the areas for improvement in the elements of the workflow; send the augmentations to…for communicating to the user; receive confirmation of fitment to business practices of persona; and adjust the augmentations responsive to confirmation of fitment to provide an optimized workflow [Claim 8],
…is described for …to assess a user's workflow on a task,… : receive, using the processor, data regarding a workflow of a user completing a task; training… using the data to learn the workflow and efficiently allocate computational resources within a technological framework utilized with the workflow by assessing, …, the data to identify attributes of the workflow that is expressed in a series of elements; analyze, …, the elements of the workflow to identify areas of improvement to the technological framework; generate, …, augmentations to the technological framework from a plurality of technology fitments matched to the areas for improvement in the elements of the workflow; send, …, the augmentations to … for communicating to the user; receive, …, confirmation of fitment to business practices of persona; and adjust, …, the augmentations responsive to confirmation of fitment to provide an optimized workflow [Claim 15].
These concepts are not meaningfully different than the following concepts identified by the MPEP:
Concepts relating to certain methods of organizing human activity. The aforementioned limitations describe steps for managing personal behavior or relationships or interactions between people, including social activities, teaching, and following rules or instructions. Specifically, identifying and augmenting steps of a workflow for fitment to business practices is considered to set forth steps for following rules or instructions. As such, claims 1, 8 and 15 recite concepts identified as abstract ideas.
Dependent claims 2-7, 9-14 and 16-20 recite limitations relative to the independent claims, including, for example:
…wherein the plurality of technology fitments is selected from the group consisting of… [Claim 2],
…wherein the analyzing the elements of the workflow to identify areas of improvement comprises using a learning corpus of existing workflows to … that can match the data to the existing workflows for determining the plurality of technology fitments [Claim 3],
…wherein the generating augmentations from the plurality of technology fitments matched to the areas for improvement includes selecting the plurality of technology fitments by business sector [Claim 4],
…wherein the receiving confirmation of fitment to business practices of the persona includes a persona input that the plurality of technology fitments does not match business practice, and the adjusting augmentation comprises a revised technology fitment selected using …with the persona input as a data input into … [Claim 5],
…wherein following the adjusting of the augmentation responsive to confirmation of fitment, the learning corpus is updated with the optimized workflow [Claim 6],
…wherein the receiving data regarding a workflow of a user completing a task illustrates pain points in a process flow [Claim 7].
The limitations of these dependent claims are merely narrowing the abstract idea identified in the independent claims, and thus, the dependent claims also recite abstract ideas.
Step 2A, Prong 2: This judicial exception is not integrated into a practical application. In particular, claims 1, 8 and 15 only recite the following additional elements –
…computer-implemented…; …a neural network…; …the neural network…; …the neural network…; …a user device… [Claim 1],
…system for using artificial intelligence… a hardware processor; and a memory that stores a computer program product, the computer program product when executed by the hardware processor, causes the hardware processor to…; …a neural network…; …the neural network…; …the neural network…; …a user device… [Claim 8],
A computer program product… using artificial intelligence… the computer program product can include a computer readable storage medium having computer readable program code embodied therewith, the program instructions executable by a processor to cause the processor to…; … using the processor…; …a neural network… … using the processor with the neural network…; … using the processor with the neural network …; …a user device…; … using the processor…;… using the processor… [Claim 15].
The dependent claims recite the following new additional elements –
…blockchain memory, cloud computing, Internet of Things (IoT) applications, applications for artificial intelligence (AI), applications for edge computing, applications for 5G mobile communications and combinations thereof [Claims 2, 9 and 16],
… train a classifier of an artificial intelligence model… [Claim 3, 10 and 17].
The apparatus and executable instructions are recited at a high-level of generality (see MPEP § 2106.05(a)), like the following MPEP example:
iii. Gathering and analyzing information using conventional techniques and displaying the result, TLI Communications, 823 F.3d at 612-13, 118 USPQ2d at 1747-48;
Furthermore, the computer implemented element is considered to amount to no more than mere instructions to apply the exception using a generic computer component (see MPEP 2106.05(f)), like the following MPEP example:
i. A commonplace business method or mathematical algorithm being applied on a general purpose computer, Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573 U.S. 208, 223, 110 USPQ2d 1976, 1983 (2014); Gottschalk v. Benson, 409 U.S. 63, 64, 175 USPQ 673, 674 (1972); Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015);
Accordingly, these additional elements do not integrate the abstract idea into a practical application.
The remaining dependent claims do not recite any new additional elements, and thus do not integrate the abstract idea into a practical application.
Step 2B: Claims 1, 8 and 15 and their underlying limitations, steps, features and terms, considered both individually and as a whole, do not include additional elements that are sufficient to amount to significantly more than the judicial exception for the following reasons:
The independent claims only recite the following additional elements -
…computer-implemented…; …a neural network…; …the neural network…; …the neural network…; …a user device… [Claim 1],
…system for using artificial intelligence… a hardware processor; and a memory that stores a computer program product, the computer program product when executed by the hardware processor, causes the hardware processor to…; …a neural network…; …the neural network…; …the neural network…; …a user device… [Claim 8],
A computer program product… using artificial intelligence… the computer program product can include a computer readable storage medium having computer readable program code embodied therewith, the program instructions executable by a processor to cause the processor to…; … using the processor…; …a neural network… … using the processor with the neural network…; … using the processor with the neural network …; …a user device…; … using the processor…;… using the processor… [Claim 15].
These elements do not amount to significantly more than the abstract idea for the reasons discussed in 2A prong 2 with regard to MPEP 2106.05(a) and MPEP 2106.05(f). By the failure of the elements to integrate the abstract idea into a practical application there, the additional elements likewise fail to amount to an inventive concept that is significantly more than an abstract idea here, in Step 2B.
As such, both individually or in combination, these limitations do not add significantly more to the judicial exception.
The remaining dependent claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the dependent claims do not recite any new additional elements other than those mentioned in the independent claims, which amount to no more than mere instructions to apply the exception using a generic computer component (see MPEP 2106.05(f)). As such, these claims are not patent eligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 3-8, 10-15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al., U.S. Publication No. 2014/0236663 [hereinafter Smith] in view of Masoud et al., U.S. Publication No. 2018/0144244 [hereinafter Masoud].
Regarding Claim 1, Smith discloses …A computer-implemented method assess a user's workflow on a task comprising: receiving data regarding a workflow of a user completing a task (Smith, ¶ 35, It should be understood that in the present disclosure a user workflow refers to a collection of computer implemented processes, involving one or more data elements that produce one or more outcomes. One example of a workflow, as this term is used in this disclosure, is a sales management workflow. As explained above, sales related workflows including sales management workflow may involve multiple business systems. The present invention enables the definition of one or more unified sales management workflows that enable users to engage in their work (discloses data regarding a workflow of users completing a task), via one or more computers, supported by multiple system resources (whether cloud based resources, enterprise computer or application resources, client computers or application, or mobile devices or mobile applications). The present invention is operable to enable the design and implementation of workflows that are of cross-platform, cross-system, and/or cross-application in a flexible, simple, and cost effective way. For example, the present invention may enable the insertion of added features that operate within or along the side of applications that are familiar to users, or the presentation of unified interfaces that in the background seamlessly integrate functions and data from multiple sources), (Id., ¶ 36, The present invention provides significantly variability and flexibility in the collections of features and data sources that may be assembled in furtherance of particular business objectives. All of the web objects (may be implemented as web pages) enabled by the web application (10) of the present invention that may, with little user intervention, be configured to includes one or more notifications, for example from specific business systems that related to a workflow embodied in a particular web object. For example, in a sales related workflow current information that may come up in conversation can be made readily available by incorporating in sales related web objects of information regarding manufacturing status, delivery status for a recent order, outstanding accounts receivable and so on.
…by assessing the data to identify attributes of the workflow that is expressed in a series of elements (Id., ¶ 41, In one aspect of the invention, the workflow management system (2) includes a user workflow designer (6) and an automated data flow manager (8). The user workflow designer (6) may be implemented as a series of functions of a web application (10). For example, a business or government entity (the "entity") may define a series of user workflow objectives, (discloses workflow attributes expressed in a series of objectives/elements) related for example to a business process used regularly by the personnel of the entity or for example a selected group of the personnel. The workflow designer (6) provides a series of tools that enable one or more administrative users to design a new workflow (11), for example by modifying an existing workflow template stored to the database (12). Workflow (11) may include a plurality of steps or processes, and each step or process may rely on one or more business systems (4). The workflow designer (6) may also enable the administrative user(s) to define the interface to be presented in connection with the steps, so as to enable the compilation of a custom interface for an underlying application, or in fact the workflow designer (6) may incorporate or be linked to an application development platform such that selection of specific steps or attributes associated with steps, may define parameters for one or more local applications (14) for implementing the workflow (11), for example based on the features accessed using the application development platform. It should be understood that "local applications" references existing applications used in an enterprise, one or more of which are linked to the system of the present invention. The local applications may be a server application, desktop application, tablet application, or mobile application);
analyzing… the elements of the workflow to identify areas of improvement to the technological framework (Id., ¶ 9, in many organizations, there is a need to continuously improve workflows, for example to keep up to date given changing requirements, to streamline workflows, to refocus processes based on insights accumulated over time, and so on, Because of the challenges identified above, this type of incremental improvement can be cost and time prohibitive, and as a result, organizations miss opportunities for operational streamlining or optimization of organizational resources);
generating… augmentations to the technological framework from a plurality of technology fitments matched to the areas for improvement in the elements of the workflow (Id., ¶ 362, A cloud-based computing resource is thought to execute or reside somewhere on the "cloud", which may be an internal corporate network or the public Internet. From the perspective of an application developer or information technology administrator, cloud computing enables the development and deployment of applications that exhibit scalability (e.g., increase or decrease resource utilization as needed), performance (e.g., execute efficiently and fast), and reliability (e.g., never, or at least rarely, fail), all without any regard for the nature or location of the underlying infrastructure), (Id., ¶ 98, It should be understood that the distributed architecture of the present invention enables the architecture to include or link to other environments, and also enables scaling of the solution);
sending the augmentations to a user device for communicating to the user (Id., ¶ 123, In another aspect of the implementation of the present invention, an administrative user may define certain documents that sales personnel will for example use in client visits. These files may be accessed automatically using the "FILES" icon of the mobile application (24). For example, the automated data flow manager (8) is operable, when the mobile device (26) is in an area where optimal wireless connectivity is available, to push one or more files or updates to files to the mobile device (26). The files in question thereafter are made available locally on the mobile device (26). Alternatively, the "FILES" icon may be operable to provide a mechanism to download selected documents in real time from database (12) for example, on an as needed basis. This allows mobile sales personnel to have documents for presentation to customers, when they need them), (Id., ¶ 367, Generally, program modules include routines, programs, components, data structures, etc., that perform particular tasks or implement particular abstract data types. Moreover, those skilled in the art will appreciate that the inventive methods can be practiced with other computer system configurations, including single-processor or multiprocessor computer systems, minicomputers, mainframe computers, as well as personal computers, hand-held computing devices, microprocessor-based or programmable consumer electronics, and the like, each of which can be operatively coupled to one or more associated devices), (Id., ¶ 368, The illustrated aspects of the innovation may also be practiced in distributed computing environments where certain tasks are performed by remote processing devices that are linked through a communications network. In a distributed computing environment, program modules can be located in both local and remote memory storage devices);
receiving confirmation of fitment to business practices of persona (Id., ¶ 137, a method is provided for enabling one or more administrative users to design and implement a workflow that leverages resources of one or more business systems (4), in a flexible way, and based on dynamic business requirements, without the need for significant integration with the business systems (4) or associated databases. The workflow may be used from a variety of different devices, and significantly from mobile devices, again without the need for significant integration. This enables the use of mobile devices for deployment of workflows with flexibility and efficiency that is not possible using prior art solutions. It also should be noted that the workflow designer (6) in one aspect of the invention may be used by administrators on a regular basis to continuously deploy new workflows or changes to workflows to adapt to the changing parameters referred to above), (Id., ¶ 185, It should be understood that the use cases identified above enable the implementation of various processes and access to information at various points, for example from a mobile device, that based on existing systems would not have been possible or available without significant integration. The processes and information required may evolve. Also, administrators may review sales success stories and obtain insights suggesting changes to workflows. Again, these may be integrated easily, in fact changes may be "tested" on the system for effectiveness. Various other scenarios are possible using the present system that simply are not practical using prior art approaches. For example, sales personnel may be monitored more closely to identify sales personnel who do not return information within target timelines to potential customers, and further training may be provided or personnel may be reprimanded. Compliance processes may be linked more directly to compensation. Workflows may be adjusted to the personality of the sales targets and/or the sales personnel, and so on (discloses fitment to business practices of a persona));
and adjusting the augmentations responsive to confirmation of fitment to provide an optimized workflow (Id., ¶ 137, a method is provided for enabling one or more administrative users to design and implement a workflow that leverages resources of one or more business systems (4), (discloses confirmation of fitment) in a flexible way, and based on dynamic business requirements, without the need for significant integration with the business systems (4) or associated databases. The workflow may be used from a variety of different devices, and significantly from mobile devices, again without the need for significant integration. This enables the use of mobile devices for deployment of workflows with flexibility and efficiency that is not possible using prior art solutions. It also should be noted that the workflow designer (6) in one aspect of the invention may be used by administrators on a regular basis to continuously deploy new workflows or changes to workflows to adapt to the changing parameters referred to above (discloses optimized workflow)), (Id., ¶ 138, it should be understood that the workflow management system (2) may be used, relying on the analytics engine (30) for example to identify possible improvements to workflows, for example by comparing existing workflows to a set of best practices stored to the database (11), whether these best practices are based on the client organization or derived from similar organizations or similar businesses recognized as being leaders in the same domain. The workflow management system (2) of the present invention enables the "tuning" of workflows in part based on output from the analytics engine, which may be generated automatically or based on one or more analysis routines or queries selected by the administrative user by operation of an appropriate user interface), (Id., ¶ 216, commissioned sales reps that have quarterly and annual quotas often choose the wrong activities to work on resulting in targets being missed. The computer system of the present invention generates suggestions and alerts in real time or near real time that provide immediate guidance to sales/marketing professionals so that they can better direct their immediate actions so as to improve performance relative to sales forecasts. The system operates on a dynamic and iterative basis so as to guide the actions selected by sales/marketing professionals in a granular fashion, including potentially on an activity by activity basis. The computer system presents highly relevant alerts that help sales/marketing professionals mine their sales cycles more intelligently, triggering sales/marketing professionals to engage in the right activities, directed to the right opportunities/customers/targets at the right time.).
While suggested in at least Fig. 2 and related text, Smith does not explicitly disclose …training a neural network using the data to learn the workflow and efficiently allocate computational resources within a technological framework utilized with the workflow…; …using the neural network…; …using the neural network…
However, Masoud discloses …training a neural network using the data to learn the workflow and efficiently allocate computational resources within a technological framework utilized with the workflow…; …using the neural network…; …using the neural network… (Masoud, ¶ 31, FIG. 2 illustrates an overview of an example distributed feedback and training process for a deep learning neural network (discloses training a neural network) implemented among respective client sites and a centralized training server. As shown, FIG. 2 illustrates the use of training activities in a workflow deployed at respective client sites, including customer site 1 202, customer site 2 204, and customer site N 206. Each of the customer sites (202, 204, 206 perform respective workflow activities, including workflow 1 activities 212, workflow 2 activities 214, and workflow N activities 216. As already discussed, such workflow activities 212, 214, 216 may include data visualization or processing operations involving image data, including human-interactive operations), (Id., ¶ 18, The distributed training approaches discussed herein addresses several challenges with traditional training approaches of deep learning networks, including the availability of new data for training, the hardware resources needed to process training data, and the volume of human activity needed to provide accurate training data. With the use of the present techniques, accuracy and efficiency of a machine learning model (and its generated algorithms) may be improved significantly. Such accuracy and efficiency may result in improved automation of previously manual activities, reduction in errors and inaccurate activities, and improved efficiency of software operations and associated processing and networking hardware resources (discloses improved computational resource allocation). Further, the techniques provide improvements over conventional training approaches for machine learning networks, allowing improved computational results in reduced time).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to have modified the workflow elements of Smith to include the neural network and resource allocation elements of Masoud in the analogous art of distributed clinical workflow training of deep learning neural networks.
The motivation for doing so would have been to “provide improvements over conventional training approaches for machine learning networks, allowing improved computational results in reduced time” (Masoud, ¶ 18), wherein such improvements would have benefitted Smith’s method which seeks to provide an improved “computer network architecture that addresses the needs of the mobile workforce, and further that enables flexible use of cloud computing technology resources, thereby providing improved scalability” [Masoud, ¶ 18; Smith, ¶ 15].
Regarding Claim 3, the combination of Smith and Masoud discloses ...the computer-implemented method of claim 1…
Smith further discloses …wherein the analyzing the elements of the workflow to identify areas of improvement comprises using a learning corpus of existing workflows to train a classifier of an artificial intelligence model that can match the data to the existing workflows for determining the plurality of technology fitments (Smith, ¶ 242, the computer system includes a series of rules that are configured based on data science techniques (such a pattern recognition and machine learning) selected and applied based on knowledge of specific sales processes, and sales intuition. These rules may be configured using a rule generator, or by selecting a template of rules and using the rule generator to adjust parameters. The computer system automatically select applicable rules based on one or more matching operations, and applies the rules to generate insights. Various associated data processing techniques may be used), (Id., ¶ 286, The insight engine (FIG. 7, component 5) is created using a database of past sales processes, some of which closed, some of which failed. The method consists of creating an insight engine consisting of a set of sets (aka a hierarchical ensemble) of classifiers (one classifier set per CRM sale stage) as described in FIG. 8. For each sale stage defined in the CRM workflow (called hereafter the "current stage"): [0287] Facts can be gathered (using the approach described above in stages A and B) about each sale process that is, or has been, in the current stage. The facts can consist of the information collected at step A and processed at step B, and the knowledge of whether or not the sale will eventually close or not. [0288] Facts can include all the knowledge gained about the sales process in all the stages the process has been through before, as well as knowledge gained on the process in the current stage. This set of data for each process in the given stage is called the "training data". [0289] Based on this training data, a set of classifiers can be trained for each sale stage, using supervised learning techniques. Supervised learning techniques consist of algorithms that learn to classify data into categories (for us, the categories may be "sale will close"/"sale will not close") based on existing training data that has already been classified. [0290] Each classifier can be trained on a random subset of the training data (for example 80% of the training data), so that each classifier learns slightly different knowledge. A possible embodiment of the invention is to use decision trees. Bayesian network or rule induction systems are other possible embodiments. [0291] Each classifier can learn rules on what makes an opportunity ultimately successful or not. For example: if an opportunity has an expected closing date less than 1 month in the future, and the contract length is less than a year, it is 78% likely to close), (Id., ¶ 362, A cloud-based computing resource is thought to execute or reside somewhere on the "cloud", which may be an internal corporate network or the public Internet. From the perspective of an application developer or information technology administrator, cloud computing enables the development and deployment of applications that exhibit scalability (e.g., increase or decrease resource utilization as needed), performance (e.g., execute efficiently and fast), and reliability (e.g., never, or at least rarely, fail), all without any regard for the nature or location of the underlying infrastructure).
Regarding Claim 4, the combination of Smith and Masoud discloses ...the computer-implemented method of claim 1…
Smith further discloses …wherein the generating augmentations from the plurality of technology fitments matched to the areas for improvement includes selecting the plurality of technology fitments by business sector (Id., ¶ 362, A cloud-based computing resource is thought to execute or reside somewhere on the "cloud", which may be an internal corporate network or the public Internet. From the perspective of an application developer or information technology administrator, cloud computing enables the development and deployment of applications that exhibit scalability (e.g., increase or decrease resource utilization as needed), performance (e.g., execute efficiently and fast), and reliability (e.g., never, or at least rarely, fail), all without any regard for the nature or location of the underlying infrastructure), (Id., ¶ 98, It should be understood that the distributed architecture of the present invention enables the architecture to include or link to other environments, and also enables scaling of the solution), (Id., ¶ 269, Some of the data types used to generate sales insights may include: [0270] Date data, e.g. expected closing date: converted to a duration since a given key date (e.g. since question was answered, or since the opportunity was created, or since a key meeting was had) [0271] Comparable data: for example, individual names. Again, actual names don't matter, but relations between names do matter, for example: is the influencer the same as the decision maker? among the influencers, how many attended this meeting? [0272] Countable data: e.g. list of people in a meeting, # of attachments sent to a prospect, only concerned about the cardinality. [0273] Multiple choice data, e.g. list of n challenges: converted to a list of booleans (one boolean per possible choice) resulting in n variables having 2 choices each, rather than one variable with 2 n choices. [0274] Numeric data (e.g. expected value of the opportunity) is marked as such, and left alone so the technology can learn numeric rules (e.g. deal values <1000 are more likely to close than deal values >1000, in certain conditions). [0275] Location data, e.g. Where a meeting was held, location the initial contact was done. In this case the relationships between location data and known locations are stored (e.g. Selling company headquarters, client headquarter, third party location). [0276] Symbolic (string) data (e.g. the industry for an opportunity) is marked as such, and left alone so the technology can analyze that, for example, industry "A" produces more closings than industry "B" in certain conditions. (discloses determining augmentations by business sector) [0277] Natural language text (e.g. emails between reps and prospects). The sentiment/language used in a string of a text can provide relationship insights in terms of using more positive language vs key words like: I have no interest, do not contact me, remove me from your mailing list etc, or a happy face), (Id., ¶ 349, In one possible implementation, the computer system of the present invention may be implemented by providing one or more applications for use by a sales representative. The application may enable: [0350] Ordering sales processes based on probability of close [0351] Evaluation of how an additional action affects the SalesRank, e.g. current sales process state is sp=[i, c, o, r, (a.sub.1, a.sub.2, a.sub.3, . . . , a.sub.n)] and potential sales process state is sp'=[i, c, o, r, (a.sub.1, a.sub.2, a.sub.3, . . . , a.sub.n, a.sub.n+1)]. This leads to the application of hinting which action should be taken as to maximize the SalesRank. [0352] Evaluation of how an additional fact (e.g. industry change, new competitor) affects the SalesRank. This leads to the application of alerts and hints to the Sales Representative).
Regarding Claim 5, the combination of Smith and Masoud discloses ...the computer-implemented method of claim 3…
Smith further discloses … wherein the receiving confirmation of fitment to business practices of the persona includes a persona input that the plurality of technology fitments does not match business practice, and the adjusting augmentation comprises a revised technology fitment selected using the artificial intelligence model with the persona input as a data input into the artificial intelligence model (Id., ¶ 137, a method is provided for enabling one or more administrative users to design and implement a workflow that leverages resources of one or more business systems (4), in a flexible way, and based on dynamic business requirements, without the need for significant integration with the business systems (4) or associated databases. The workflow may be used from a variety of different devices, and significantly from mobile devices, again without the need for significant integration. This enables the use of mobile devices for deployment of workflows with flexibility and efficiency that is not possible using prior art solutions. It also should be noted that the workflow designer (6) in one aspect of the invention may be used by administrators on a regular basis to continuously deploy new workflows or changes to workflows to adapt to the changing parameters referred to above), (Id., ¶ 185, It should be understood that the use cases identified above enable the implementation of various processes and access to information at various points, for example from a mobile device, that based on existing systems would not have been possible or available without significant integration. The processes and information required may evolve. Also, administrators may review sales success stories and obtain insights suggesting changes to workflows. Again, these may be integrated easily, in fact changes may be "tested" on the system for effectiveness. Various other scenarios are possible using the present system that simply are not practical using prior art approaches. For example, sales personnel may be monitored more closely to identify sales personnel who do not return information within target timelines to potential customers, and further training may be provided or personnel may be reprimanded. Compliance processes may be linked more directly to compensation. Workflows may be adjusted to the personality of the sales targets and/or the sales personnel, and so on (discloses fitment to business practices of a persona)), (Id., ¶ 76, (I) The analytics engine (30) may also apply one or more operations for generating insights based on extracted information. These may include semantic operations (for example analysis of an article that a target has read), weighting of content, fuzzy logic operations, artificial intelligence, and so on. Also, the platform may enable: site behavior profiling (e.g. click path analysis, purchase patterns analysis); collaborative filtering ("people who have behaved like you were more likely to perform some specified activity"); and keyword search of content).
Regarding Claim 6, the combination of Smith and Masoud discloses ...the computer-implemented method of claim 3…
Smith further discloses …wherein following the adjusting of the augmentation responsive to confirmation of fitment, the learning corpus is updated with the optimized workflow (Id., ¶ 293, (1) to help the sales manager calculate the probability of each sale closing: [0294] Each time an opportunity reaches a new stage, the known facts for that opportunity are calculated, in the same manner as before with the calculated facts from past opportunities used in the training set. [0295] The known facts are then run through each classifier in the set trained for the latest stage of that opportunity. Each classifier will vote whether the opportunity will close or not (not all the classifiers in the set will have the same vote, because each has been trained on a slightly different data set). (discloses updating the learning corpus) [0296] To calculate the probability of the sale closing, a calculation may be performed to calculate the percentage of classifiers that have classified the new opportunity as "will close"; more agreement between classifiers implies more certainty that the sale will close), (Id., ¶ 300, Some of the input data from the sales process may be in natural language (e.g. plain English or French); for example meeting notes, "next steps" notes, emails between reps and prospects, etc. While these kinds of data contain useful information about the sale, it is not immediately exploitable by rule induction algorithms. A process has been developed to modify the natural language data in ways that can be used by a rule induction algorithm. The process consists of using another type of classification algorithm (in our case, a Naive Bayes Classifier), that is appropriate for natural language classification, and use the result of the classification as a feature of the training and testing data consumed by the rule induction algorithm described above. In essence, the natural language classifier analyses the sentiment in the natural language inputs; this sentiment is then used as a characteristic in the more general sales process).
Regarding Claim 7, the combination of Smith and Masoud discloses ...the computer-implemented method of claim 3…
Smith further discloses …wherein the receiving data regarding a workflow of a user completing a task illustrates pain points in a process flow (Id., ¶ 159, To become a prospect, Company A may dictate that you must have spoken to the customer, received a validation that your pain point was correct, and have a meeting booked (discloses data illustrating pain points). In this case, our sales representative phones the client for a high level pitch, speaks about the product and validates the pain point (this call is automatically tracked by operation of link to the PBX (34)). The representative then sends a summary email to the client to confirm the time (also automatically tracked) and receives confirmation via email. The web application (12) may present an email side bar that has been pre-loaded the Opportunity data based on the email address, the sales representative advances the lead from their Microsoft Outlook or Google Apps (could be other clients later).).
Regarding Claim 8, Smith discloses …A system for using artificial intelligence to assess a user's workflow on a task comprising: a hardware processor; and a memory that stores a computer program product, the computer program product when executed by the hardware processor, causes the hardware processor to: receive data regarding a workflow of a user completing a task (Smith, ¶ 369, A computer (such as the computer(s) illustrated in the architecture described above) typically includes a variety of computer-readable media. Computer-readable media can be any available media that can be accessed by the computer and includes both volatile and nonvolatile media, removable and non-removable media. By way of example, and not limitation, computer-readable media can comprise computer storage media and communication media. Computer storage media includes both volatile and nonvolatile, removable and non-removable media implemented in any method or technology for storage of information such as computer-readable instructions, data structures, program modules or other data. Computer storage media includes, but is not limited to, RAM, ROM, EEPROM, flash memory or other memory technology, CD-ROM, digital versatile disk (DVD) or other optical disk storage, magnetic cassettes, magnetic tape, magnetic disk storage or other magnetic storage devices, or any other medium which can be used to store the desired information and which can be accessed by the computer. Communication media typically embodies computer-readable instructions, data structures, program modules or other data in a modulated data signal such as a carrier wave or other transport mechanism, and includes any information delivery media. The term "modulated data signal" means a signal that has one or more of its characteristics set or changed in such a manner as to encode information in the signal), (Id., ¶ 35, It should be understood that in the present disclosure a user workflow refers to a collection of computer implemented processes, involving one or more data elements that produce one or more outcomes. One example of a workflow, as this term is used in this disclosure, is a sales management workflow. As explained above, sales related workflows including sales management workflow may involve multiple business systems. The present invention enables the definition of one or more unified sales management workflows that enable users to engage in their work (discloses data regarding a workflow of users completing a task), via one or more computers, supported by multiple system resources (whether cloud based resources, enterprise computer or application resources, client computers or application, or mobile devices or mobile applications). The present invention is operable to enable the design and implementation of workflows that are of cross-platform, cross-system, and/or cross-application in a flexible, simple, and cost effective way. For example, the present invention may enable the insertion of added features that operate within or along the side of applications that are familiar to users, or the presentation of unified interfaces that in the background seamlessly integrate functions and data from multiple sources), (Id., ¶ 36, The present invention provides significantly variability and flexibility in the collections of features and data sources that may be assembled in furtherance of particular business objectives. All of the web objects (may be implemented as web pages) enabled by the web application (10) of the present invention that may, with little user intervention, be configured to includes one or more notifications, for example from specific business systems that related to a workflow embodied in a particular web object. For example, in a sales related workflow current information that may come up in conversation can be made readily available by incorporating in sales related web objects of information regarding manufacturing status, delivery status for a recent order, outstanding accounts receivable and so on.
…by assessing the data to identify attributes of the workflow that is expressed in a series of elements (Id., ¶ 41, In one aspect of the invention, the workflow management system (2) includes a user workflow designer (6) and an automated data flow manager (8). The user workflow designer (6) may be implemented as a series of functions of a web application (10). For example, a business or government entity (the "entity") may define a series of user workflow objectives, (discloses workflow attributes expressed in a series of objectives/elements) related for example to a business process used regularly by the personnel of the entity or for example a selected group of the personnel. The workflow designer (6) provides a series of tools that enable one or more administrative users to design a new workflow (11), for example by modifying an existing workflow template stored to the database (12). Workflow (11) may include a plurality of steps or processes, and each step or process may rely on one or more business systems (4). The workflow designer (6) may also enable the administrative user(s) to define the interface to be presented in connection with the steps, so as to enable the compilation of a custom interface for an underlying application, or in fact the workflow designer (6) may incorporate or be linked to an application development platform such that selection of specific steps or attributes associated with steps, may define parameters for one or more local applications (14) for implementing the workflow (11), for example based on the features accessed using the application development platform. It should be understood that "local applications" references existing applications used in an enterprise, one or more of which are linked to the system of the present invention. The local applications may be a server application, desktop application, tablet application, or mobile application);
analyze… steps of the workflow to identify areas of improvement to the technological framework (Id., ¶ 9, in many organizations, there is a need to continuously improve workflows, for example to keep up to date given changing requirements, to streamline workflows, to refocus processes based on insights accumulated over time, and so on, Because of the challenges identified above, this type of incremental improvement can be cost and time prohibitive, and as a result, organizations miss opportunities for operational streamlining or optimization of organizational resources);
generate… augmentations to the technological framework from a plurality of technology fitments matched to the areas for improvement in the elements of the workflow (Id., ¶ 362, A cloud-based computing resource is thought to execute or reside somewhere on the "cloud", which may be an internal corporate network or the public Internet. From the perspective of an application developer or information technology administrator, cloud computing enables the development and deployment of applications that exhibit scalability (e.g., increase or decrease resource utilization as needed), performance (e.g., execute efficiently and fast), and reliability (e.g., never, or at least rarely, fail), all without any regard for the nature or location of the underlying infrastructure), (Id., ¶ 98, It should be understood that the distributed architecture of the present invention enables the architecture to include or link to other environments, and also enables scaling of the solution);
send the augmentations to a user device for communicating to the user (Id., ¶ 123, In another aspect of the implementation of the present invention, an administrative user may define certain documents that sales personnel will for example use in client visits. These files may be accessed automatically using the "FILES" icon of the mobile application (24). For example, the automated data flow manager (8) is operable, when the mobile device (26) is in an area where optimal wireless connectivity is available, to push one or more files or updates to files to the mobile device (26). The files in question thereafter are made available locally on the mobile device (26). Alternatively, the "FILES" icon may be operable to provide a mechanism to download selected documents in real time from database (12) for example, on an as needed basis. This allows mobile sales personnel to have documents for presentation to customers, when they need them), (Id., ¶ 367, Generally, program modules include routines, programs, components, data structures, etc., that perform particular tasks or implement particular abstract data types. Moreover, those skilled in the art will appreciate that the inventive methods can be practiced with other computer system configurations, including single-processor or multiprocessor computer systems, minicomputers, mainframe computers, as well as personal computers, hand-held computing devices, microprocessor-based or programmable consumer electronics, and the like, each of which can be operatively coupled to one or more associated devices), (Id., ¶ 368, The illustrated aspects of the innovation may also be practiced in distributed computing environments where certain tasks are performed by remote processing devices that are linked through a communications network. In a distributed computing environment, program modules can be located in both local and remote memory storage devices);
receive confirmation of fitment to business practices of persona (Id., ¶ 137, a method is provided for enabling one or more administrative users to design and implement a workflow that leverages resources of one or more business systems (4), in a flexible way, and based on dynamic business requirements, without the need for significant integration with the business systems (4) or associated databases. The workflow may be used from a variety of different devices, and significantly from mobile devices, again without the need for significant integration. This enables the use of mobile devices for deployment of workflows with flexibility and efficiency that is not possible using prior art solutions. It also should be noted that the workflow designer (6) in one aspect of the invention may be used by administrators on a regular basis to continuously deploy new workflows or changes to workflows to adapt to the changing parameters referred to above), (Id., ¶ 185, It should be understood that the use cases identified above enable the implementation of various processes and access to information at various points, for example from a mobile device, that based on existing systems would not have been possible or available without significant integration. The processes and information required may evolve. Also, administrators may review sales success stories and obtain insights suggesting changes to workflows. Again, these may be integrated easily, in fact changes may be "tested" on the system for effectiveness. Various other scenarios are possible using the present system that simply are not practical using prior art approaches. For example, sales personnel may be monitored more closely to identify sales personnel who do not return information within target timelines to potential customers, and further training may be provided or personnel may be reprimanded. Compliance processes may be linked more directly to compensation. Workflows may be adjusted to the personality of the sales targets and/or the sales personnel, and so on (discloses fitment to business practices of a persona));
and adjust the augmentations responsive to confirmation of fitment to provide an optimized workflow (Id., ¶ 137, a method is provided for enabling one or more administrative users to design and implement a workflow that leverages resources of one or more business systems (4), (discloses confirmation of fitment) in a flexible way, and based on dynamic business requirements, without the need for significant integration with the business systems (4) or associated databases. The workflow may be used from a variety of different devices, and significantly from mobile devices, again without the need for significant integration. This enables the use of mobile devices for deployment of workflows with flexibility and efficiency that is not possible using prior art solutions. It also should be noted that the workflow designer (6) in one aspect of the invention may be used by administrators on a regular basis to continuously deploy new workflows or changes to workflows to adapt to the changing parameters referred to above (discloses optimized workflow)), (Id., ¶ 138, it should be understood that the workflow management system (2) may be used, relying on the analytics engine (30) for example to identify possible improvements to workflows, for example by comparing existing workflows to a set of best practices stored to the database (11), whether these best practices are based on the client organization or derived from similar organizations or similar businesses recognized as being leaders in the same domain. The workflow management system (2) of the present invention enables the "tuning" of workflows in part based on output from the analytics engine, which may be generated automatically or based on one or more analysis routines or queries selected by the administrative user by operation of an appropriate user interface), (Id., ¶ 216, commissioned sales reps that have quarterly and annual quotas often choose the wrong activities to work on resulting in targets being missed. The computer system of the present invention generates suggestions and alerts in real time or near real time that provide immediate guidance to sales/marketing professionals so that they can better direct their immediate actions so as to improve performance relative to sales forecasts. The system operates on a dynamic and iterative basis so as to guide the actions selected by sales/marketing professionals in a granular fashion, including potentially on an activity by activity basis. The computer system presents highly relevant alerts that help sales/marketing professionals mine their sales cycles more intelligently, triggering sales/marketing professionals to engage in the right activities, directed to the right opportunities/customers/targets at the right time.).
While suggested in at least Fig. 2 and related text, Smith does not explicitly disclose …train a neural network using the data to learn the workflow and efficiently allocate computational resources within a technological framework utilized with the workflow…; …using the neural network…; …using the neural network…
However, Masoud discloses …train a neural network using the data to learn the workflow and efficiently allocate computational resources within a technological framework utilized with the workflow…; …using the neural network…; …using the neural network… (Masoud, ¶ 31, FIG. 2 illustrates an overview of an example distributed feedback and training process for a deep learning neural network (discloses training a neural network) implemented among respective client sites and a centralized training server. As shown, FIG. 2 illustrates the use of training activities in a workflow deployed at respective client sites, including customer site 1 202, customer site 2 204, and customer site N 206. Each of the customer sites (202, 204, 206 perform respective workflow activities, including workflow 1 activities 212, workflow 2 activities 214, and workflow N activities 216. As already discussed, such workflow activities 212, 214, 216 may include data visualization or processing operations involving image data, including human-interactive operations), (Id., ¶ 18, The distributed training approaches discussed herein addresses several challenges with traditional training approaches of deep learning networks, including the availability of new data for training, the hardware resources needed to process training data, and the volume of human activity needed to provide accurate training data. With the use of the present techniques, accuracy and efficiency of a machine learning model (and its generated algorithms) may be improved significantly. Such accuracy and efficiency may result in improved automation of previously manual activities, reduction in errors and inaccurate activities, and improved efficiency of software operations and associated processing and networking hardware resources (discloses improved computational resource allocation). Further, the techniques provide improvements over conventional training approaches for machine learning networks, allowing improved computational results in reduced time).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to have modified the workflow elements of Smith to include the neural network and resource allocation elements of Masoud in the analogous art of distributed clinical workflow training of deep learning neural networks for the same reasons as stated for claim 1.
Regarding Claims 10-14, these claims recite limitations substantially similar to those in claims 3-7, respectively, and are rejected for the same reasons as stated above.
Regarding Claim 15, Smith discloses … A computer program product is described for using artificial intelligence to assess a user's workflow on a task, the computer program product can include a computer readable storage medium having computer readable program code embodied therewith, the program instructions executable by a processor to cause the processor to: receive, using the processor, data regarding a workflow of a user completing a task (Smith, ¶ 369, A computer (such as the computer(s) illustrated in the architecture described above) typically includes a variety of computer-readable media. Computer-readable media can be any available media that can be accessed by the computer and includes both volatile and nonvolatile media, removable and non-removable media. By way of example, and not limitation, computer-readable media can comprise computer storage media and communication media. Computer storage media includes both volatile and nonvolatile, removable and non-removable media implemented in any method or technology for storage of information such as computer-readable instructions, data structures, program modules or other data. Computer storage media includes, but is not limited to, RAM, ROM, EEPROM, flash memory or other memory technology, CD-ROM, digital versatile disk (DVD) or other optical disk storage, magnetic cassettes, magnetic tape, magnetic disk storage or other magnetic storage devices, or any other medium which can be used to store the desired information and which can be accessed by the computer. Communication media typically embodies computer-readable instructions, data structures, program modules or other data in a modulated data signal such as a carrier wave or other transport mechanism, and includes any information delivery media. The term "modulated data signal" means a signal that has one or more of its characteristics set or changed in such a manner as to encode information in the signal), (Id., ¶ 35, It should be understood that in the present disclosure a user workflow refers to a collection of computer implemented processes, involving one or more data elements that produce one or more outcomes. One example of a workflow, as this term is used in this disclosure, is a sales management workflow. As explained above, sales related workflows including sales management workflow may involve multiple business systems. The present invention enables the definition of one or more unified sales management workflows that enable users to engage in their work (discloses data regarding a workflow of users completing a task), via one or more computers, supported by multiple system resources (whether cloud based resources, enterprise computer or application resources, client computers or application, or mobile devices or mobile applications). The present invention is operable to enable the design and implementation of workflows that are of cross-platform, cross-system, and/or cross-application in a flexible, simple, and cost effective way. For example, the present invention may enable the insertion of added features that operate within or along the side of applications that are familiar to users, or the presentation of unified interfaces that in the background seamlessly integrate functions and data from multiple sources), (Id., ¶ 36, The present invention provides significantly variability and flexibility in the collections of features and data sources that may be assembled in furtherance of particular business objectives. All of the web objects (may be implemented as web pages) enabled by the web application (10) of the present invention that may, with little user intervention, be configured to includes one or more notifications, for example from specific business systems that related to a workflow embodied in a particular web object. For example, in a sales related workflow current information that may come up in conversation can be made readily available by incorporating in sales related web objects of information regarding manufacturing status, delivery status for a recent order, outstanding accounts receivable and so on.
…by assessing, using the processor, the data to identify attributes of the workflow that is expressed in a series of elements (Id., ¶ 41, In one aspect of the invention, the workflow management system (2) includes a user workflow designer (6) and an automated data flow manager (8). The user workflow designer (6) may be implemented as a series of functions of a web application (10). For example, a business or government entity (the "entity") may define a series of user workflow objectives, (discloses workflow attributes expressed in a series of objectives/elements) related for example to a business process used regularly by the personnel of the entity or for example a selected group of the personnel. The workflow designer (6) provides a series of tools that enable one or more administrative users to design a new workflow (11), for example by modifying an existing workflow template stored to the database (12). Workflow (11) may include a plurality of steps or processes, and each step or process may rely on one or more business systems (4). The workflow designer (6) may also enable the administrative user(s) to define the interface to be presented in connection with the steps, so as to enable the compilation of a custom interface for an underlying application, or in fact the workflow designer (6) may incorporate or be linked to an application development platform such that selection of specific steps or attributes associated with steps, may define parameters for one or more local applications (14) for implementing the workflow (11), for example based on the features accessed using the application development platform. It should be understood that "local applications" references existing applications used in an enterprise, one or more of which are linked to the system of the present invention. The local applications may be a server application, desktop application, tablet application, or mobile application);
analyze, using the processor… the elements of the workflow to identify areas of improvement to the technological framework (Id., ¶ 9, in many organizations, there is a need to continuously improve workflows, for example to keep up to date given changing requirements, to streamline workflows, to refocus processes based on insights accumulated over time, and so on, Because of the challenges identified above, this type of incremental improvement can be cost and time prohibitive, and as a result, organizations miss opportunities for operational streamlining or optimization of organizational resources);
generate, using the processor… augmentations to the technological framework from a plurality of technology fitments matched to the areas for improvement in the elements of the workflow (Id., ¶ 362, A cloud-based computing resource is thought to execute or reside somewhere on the "cloud", which may be an internal corporate network or the public Internet. From the perspective of an application developer or information technology administrator, cloud computing enables the development and deployment of applications that exhibit scalability (e.g., increase or decrease resource utilization as needed), performance (e.g., execute efficiently and fast), and reliability (e.g., never, or at least rarely, fail), all without any regard for the nature or location of the underlying infrastructure), (Id., ¶ 98, It should be understood that the distributed architecture of the present invention enables the architecture to include or link to other environments, and also enables scaling of the solution);
send, using the processor, the augmentations to a user device for communicating to the user (Id., ¶ 123, In another aspect of the implementation of the present invention, an administrative user may define certain documents that sales personnel will for example use in client visits. These files may be accessed automatically using the "FILES" icon of the mobile application (24). For example, the automated data flow manager (8) is operable, when the mobile device (26) is in an area where optimal wireless connectivity is available, to push one or more files or updates to files to the mobile device (26). The files in question thereafter are made available locally on the mobile device (26). Alternatively, the "FILES" icon may be operable to provide a mechanism to download selected documents in real time from database (12) for example, on an as needed basis. This allows mobile sales personnel to have documents for presentation to customers, when they need them), (Id., ¶ 367, Generally, program modules include routines, programs, components, data structures, etc., that perform particular tasks or implement particular abstract data types. Moreover, those skilled in the art will appreciate that the inventive methods can be practiced with other computer system configurations, including single-processor or multiprocessor computer systems, minicomputers, mainframe computers, as well as personal computers, hand-held computing devices, microprocessor-based or programmable consumer electronics, and the like, each of which can be operatively coupled to one or more associated devices), (Id., ¶ 368, The illustrated aspects of the innovation may also be practiced in distributed computing environments where certain tasks are performed by remote processing devices that are linked through a communications network. In a distributed computing environment, program modules can be located in both local and remote memory storage devices);
receive, using the processor, confirmation of fitment to business practices of persona (Id., ¶ 137, a method is provided for enabling one or more administrative users to design and implement a workflow that leverages resources of one or more business systems (4), in a flexible way, and based on dynamic business requirements, without the need for significant integration with the business systems (4) or associated databases. The workflow may be used from a variety of different devices, and significantly from mobile devices, again without the need for significant integration. This enables the use of mobile devices for deployment of workflows with flexibility and efficiency that is not possible using prior art solutions. It also should be noted that the workflow designer (6) in one aspect of the invention may be used by administrators on a regular basis to continuously deploy new workflows or changes to workflows to adapt to the changing parameters referred to above), (Id., ¶ 185, It should be understood that the use cases identified above enable the implementation of various processes and access to information at various points, for example from a mobile device, that based on existing systems would not have been possible or available without significant integration. The processes and information required may evolve. Also, administrators may review sales success stories and obtain insights suggesting changes to workflows. Again, these may be integrated easily, in fact changes may be "tested" on the system for effectiveness. Various other scenarios are possible using the present system that simply are not practical using prior art approaches. For example, sales personnel may be monitored more closely to identify sales personnel who do not return information within target timelines to potential customers, and further training may be provided or personnel may be reprimanded. Compliance processes may be linked more directly to compensation. Workflows may be adjusted to the personality of the sales targets and/or the sales personnel, and so on (discloses fitment to business practices of a persona));
and adjust, using the processor, the augmentations responsive to confirmation of fitment to provide an optimized workflow (Id., ¶ 137, a method is provided for enabling one or more administrative users to design and implement a workflow that leverages resources of one or more business systems (4), (discloses confirmation of fitment) in a flexible way, and based on dynamic business requirements, without the need for significant integration with the business systems (4) or associated databases. The workflow may be used from a variety of different devices, and significantly from mobile devices, again without the need for significant integration. This enables the use of mobile devices for deployment of workflows with flexibility and efficiency that is not possible using prior art solutions. It also should be noted that the workflow designer (6) in one aspect of the invention may be used by administrators on a regular basis to continuously deploy new workflows or changes to workflows to adapt to the changing parameters referred to above (discloses optimized workflow)), (Id., ¶ 138, it should be understood that the workflow management system (2) may be used, relying on the analytics engine (30) for example to identify possible improvements to workflows, for example by comparing existing workflows to a set of best practices stored to the database (11), whether these best practices are based on the client organization or derived from similar organizations or similar businesses recognized as being leaders in the same domain. The workflow management system (2) of the present invention enables the "tuning" of workflows in part based on output from the analytics engine, which may be generated automatically or based on one or more analysis routines or queries selected by the administrative user by operation of an appropriate user interface), (Id., ¶ 216, commissioned sales reps that have quarterly and annual quotas often choose the wrong activities to work on resulting in targets being missed. The computer system of the present invention generates suggestions and alerts in real time or near real time that provide immediate guidance to sales/marketing professionals so that they can better direct their immediate actions so as to improve performance relative to sales forecasts. The system operates on a dynamic and iterative basis so as to guide the actions selected by sales/marketing professionals in a granular fashion, including potentially on an activity by activity basis. The computer system presents highly relevant alerts that help sales/marketing professionals mine their sales cycles more intelligently, triggering sales/marketing professionals to engage in the right activities, directed to the right opportunities/customers/targets at the right time.).
Regarding Claims 17-20, these claims recite limitations substantially similar to those in claims 3-5 and 7, respectively, and are rejected for the same reasons as stated above.
Claims 2, 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Masoud and in further view of Krebs et al., U.S. Publication No. 2020/0349049 [hereinafter Krebs].
Regarding Claim 2, the combination of Smith and Masoud discloses ...the computer-implemented method of claim 1…
While suggested in at least Fig. 2 and related text, Smith does not explicitly disclose … wherein the plurality of technology fitments is selected from the group consisting of blockchain memory, cloud computing, Internet of Things (IoT) applications, applications for artificial intelligence (AI), applications for edge computing, applications for 5G mobile communications and combinations thereof
However, Krebs discloses …wherein the plurality of technology fitments is selected from the group consisting of blockchain memory, cloud computing, Internet of Things (IoT) applications, applications for artificial intelligence (AI), applications for edge computing, applications for 5G mobile communications and combinations thereof (Krebs, ¶ 33, the computing environment 100 further comprises a plurality of monitored systems 140 including at least one monitored system 141 which generates event logs 145. A monitored system 141 of the plurality of monitored systems 140 may comprise, for example, a computing device configured to sense an event and generate an event log describing the event. As an illustrative example, the computing device may be closely coupled with an electronic sensor or an array of sensors for sensing events. The monitored systems 140 may comprise components of an industrial automation or control system, Internet of Things hardware, industrial Internet of Things hardware, cloud computation hardware, computer hardware, and so on, as illustrative examples. Each monitored system 141 of the plurality of monitored systems 140 may thus monitor or sense one or more events relating to a process in a system. Further, the plurality of monitored systems 140 may be communicatively coupled to the server 101 via the network 120, which may comprise a radio network, a radio link, WiFi, LPWAN, LPWA, LPN, mobile telephony (e.g., 3G, 4G, 5G telephony), a computer mesh network, a blockchain, an optical transmission network, Bluetooth, a laser communication network, an Ethernet computer network, an optical communication network, a deep space communication network, a vehicular relay station (e.g., a satellite, drone, and/or balloon) network, and/or similar communication technology), (Id., ¶ 36, The event log analysis system 200 comprises one or more of an event log intake module 205, an event log analysis module 210, an artificial intelligence (AI) process improvement advisor module 250, and an output module 260).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to have modified the workflow elements of Smith and the neural network elements of Masoud to include the technology fitment elements of Krebs in the analogous art of estimating process capacity.
The motivation for doing so would have been to improve an ability of “a user to immediately see which activities in the operational process workflow may be at risk of failure or candidates for optimization” (Krebs, ¶ 58), wherein such improvements would benefit Masoud’s method which seeks to “provide improvements over conventional training approaches for machine learning networks, allowing improved computational results in reduced time” (Masoud, ¶ 18), and wherein such improvements would further benefit Smith’s method which seeks “to continuously improve workflows, for example to keep up to date given changing requirements, to streamline workflows, to refocus processes based on insights accumulated over time” [Krebs, ¶ 58; Masoud, ¶ 18; Smith, ¶ 9].
Regarding Claims 9 and 16, these claims recite limitations substantially similar to those in claim 2, and are rejected for the same reasons as stated above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bjontegard et al., U.S. Publication No. 2021/0352134, discloses contextual intelligence of every-thing communication platform integrating edge computation, augmented intelligence and distributed ledger data storage nodes and tokens for real world data interactions across internet of things with payment integration.
Blank et al., U.S. Publication No. 2022/0174052, discloses automated dmarc device discovery and workflow.
Moustafa et al., U.S. Publication No. 2022/0335340, discloses systems, apparatus, articles of manufacture, and methods for data usage monitoring to identify and mitigate ethical divergence.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS D BOLEN whose telephone number is (408)918-7631. The examiner can normally be reached Monday - Friday 8:00 AM - 5:00 PM PST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patty 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NICHOLAS D BOLEN/Examiner, Art Unit 3624 /PATRICIA H MUNSON/Supervisory Patent Examiner, Art Unit 3624
Prosecution Insights