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 .
Applicant’s submission of a Response
Applicant’s submission of a response was received on 10/25/2025. Presently, claims 1-6, 8, 10-15, 17, 18 and 20 are now pending.
Response to Arguments
Applicant's arguments filed on 10/25/2025 have been fully considered but they are not persuasive. Applicant’s representative asserts that the amended claims limitations are not met. However, the rejection of claim 1-6, 8, 10-15, 17, 18 and 20 is maintained as presented below. Moreover, in light of the amendments to the claims, new rejection(s) under 35 U.S.C. 112(a) have been presented, as discussed in detail below.
Applicant’s representative alleges the following:
In regards to rejections under 35 U.S.C. 101, here independent Claim 1 is not directed to simply "an abstract idea included in the groupings of mental processes, connected to technology only through application thereof using generic computer elements (e.g., computer, server, etc.) and or insignificant extra- solution activity," but to a specific improvement in how computer systems manage, synchronize, and maintain establishment-specific training data across a network.
In regards to rejections under 35 U.S.C. 101, the specific combination of elements - including real-time synchronization, sequencing of flash card testing, and dynamic graphical user interface refresh mechanism - provides a non-conventional and non-generic arrangement of computer components for a food service establishment.
In regards to rejections under 35 U.S.C. 101, here independent Claim 20 is not directed to simply "receiving a request, sending information, reviewing flash cards, completing a test, and getting a passing score," but to a specific improvement in how computer systems manage, synchronize, and maintain establishment-specific training data across a network.
In regards to rejections under 35 U.S.C. 101, Independent Claim 20 recites specific technical operations that integrate any abstract concept into concrete computer implementation.
In regards to rejections under 35 U.S.C. 103, Jackson ('754) merely provides passive data management functions and lacks any disclosure or suggestion of generating, assigning, or delivering training content to employee terminals.
In regards to rejections under 35 U.S.C. 103, Jeong's ('723) study system is directed to individual academic learning using prearranged virtual flash card decks, not role-specific training content dynamically tied to real-world operational data, such as restaurant menu items and shift assignments.
In regards to rejections under 35 U.S.C. 103, there is no suggestion or teaching in either Jackson ('754) or Jeong ('723) to motivate one of ordinary skill in the art to modify the restaurant scheduling database disclosed by Jackson ('754) to deliver synchronized flash card-based training content and testing to train employees with a computer network.
In regards to rejections under 35 U.S.C. 103, mere knowledge of flash cards as a general training method is insufficient to demonstrate motivation to combine in this context. "Rejections on obviousness grounds cannot be sustained by mere conclusory statements; there must be some articulated reasoning with rational underpinnings." In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006).
Regarding point (1), the examiner respectfully disagrees.
Applicant’s representative argues that amended independent Claim 1 discloses a central server capable of (1) executing a dynamic sequence of flash card testing content to actively test an employee trainee at the server level, ensuring randomized content delivery without human bias or manual programming; (2) detecting real- time modifications to training data and automatically synchronizing and maintaining updates across multiple networked devices eliminating data latency and inconsistency common to distributed systems; and (3) providing a training dashboard containing training assignments and performance metrics that dynamically refreshes based upon instant training results. These recited elements go well beyond preforming a conventional "training" process on a computer - they instead define an improved data architecture and synchronization mechanism that solves computer-specific problems such as data latency, consistency and dynamic content delivery.
In response to the arguments above, (1) executing a dynamic sequence of flash cards is just execution of data with a computer, (2) detecting real-time modifications to training data and automatically synchronizing and maintaining updates of data is inherent to a computer if there is real time management of data because when managing data in real time there must be synchronization, (3) providing a training dashboard containing training assignments and performance metrics that dynamically refreshes is just displaying the managed data and if this data is managed in real time, then it will dynamically update by itself. These are generic techniques of data management through a computer.
Regarding point (2), the examiner respectfully disagrees.
Applicant’s representative argues that this configuration improves the way networked training systems operate by enabling automated real-time content management that previously required manual synchronization. In response to the arguments above, computers are able to manage data in real time and by managing data in real time there will be synchronization of data. This is just generic synchronization of data in real time by a computer, which also allows for data to be instantly updated across a computer and any other systems or devices in a network.
Regarding point (3), the examiner respectfully disagrees.
Applicant’s representative argues that these elements go well beyond preforming a conventional "training" process on a computer, a central server capable of (1) establishing network connections between multiple networked computers to retrieve a training dashboard, a plurality of menu items and digital flash cards; (2) automatically generating a training session dataset by merging one of said plurality of training shift records with corresponding flash cards responsive to a session initiated command received from said first computer of said second computer; and (3) computing a training competency score based on logged interaction events and said interactive testing results, and updating the trainee status record in said shift database to indicate training completion.
In response to the arguments above, (1) establishing network connections between computers is inherent as long as they are connected to a network, (2) automatically generating data and merging data is just management of data by a computer, (3) computing data or updating data is just management of data done by a computer. These are generic techniques of data management through a computer.
Regarding point (4), the examiner respectfully disagrees.
Applicant’s representative argues that establishing network connections across the system resolves data consistency issues across the network of the food service establishment. Real-time refresh of the networked computers improves user interface responsiveness and indicates immediately to managers and trainers the status of a trainee. Automatic training module assignment based on shift completion data reduces manual intervention and improves system efficiency. These features are not extra-solution activity or mere data collection, rather, they constitute the technological solution itself.
In response to the arguments above, establishing network connections between computers is inherent as long as they are connected to a network, real time management of data is just data management by a computer done in real time, and automatic allocation of data is also just management of data by a computer. These are generic techniques of data management through a computer.
Regarding point (5), the examiner notes that Jackson in view of Jeong would be obvious to combine.
Applicant’s representative argues that the modification required to convert Jackson's ('754) managerial logbook into a real-time, synchronized training system would not have been obvious, but rather would require substantial redesign. In response to the arguments above, Jackson uses a computer to display multiple data to the user, including training data and real-time management (see ¶26 and ¶48). Therefore, it would have been obvious to implement virtual flash cards that are displayed on a computer as training data that synchronizes in real time (if data is managed in real time, synchronization will automatically be there).
Regarding point (6), the examiner notes that Jeong does teach the claimed limitations.
Applicant’s representative argues that adapting Jeong's academic flash cards to restaurant shift-based training would require knowledge beyond routine skill in the art. In response to the arguments above, flash cards can be used in any field of study as explained in ¶2 of Jeong, which mentions that the study course can be customized. Restaurant shift-based training is not excluded from being used in flash cards or virtual flash cards.
Regarding point (7), the examiner notes that there is a motivation for Jeong to teach the claimed limitations.
Applicant’s representative argues that there is not motivation to modify the restaurant scheduling database disclosed by Jackson ('754) to deliver synchronized flash card-based training content and testing to train employees with a computer network. In response to the arguments above, the purpose of a database is to store, organize, and manage large amounts of data in a structured and efficient way, making it easy to access, update, and retrieve for later use. As such, databases can be used with multiple types of data, they are not limited to one specific type of data. Jackson discloses that there is training data and Jeong teaches that flash cards can be used for training. Therefore, there is a motivation to combine a database to store training data such as synchronized flash card-based training content.
Regarding point (8), the examiner notes that there is a motivation to combine in this context.
Applicant’s representative argues that mere knowledge of flash cards as a general training method is insufficient to demonstrate motivation to combine in this context. In response to the arguments above, flash cards can be used in any field of study as best suits the user’s situation explained in ¶2 of Jeong, which mentions that the study course can be customized. Restaurant shift-based training is not excluded from being used in flash cards or virtual flash cards.
Regarding point (9), the examiner notes that there is a motivation to combine in this context.
Applicant’s representative argues that mere knowledge of flash cards as a general training method is insufficient to demonstrate motivation to combine in this context. In response to the arguments above, flash cards can be used in any field of study as explained in ¶13 of Jeong, which mentions that the study course can be customized. Restaurant shift-based training is not excluded from being used in flash cards or virtual flash cards.
Applicant’s representative argues the recited features of independent claims 6 and 7 include features similar to those discussed above in reference to Claim 1 and 3, respectively. As such, claims 6 and 7 are allowable for at least similar reasons as those provided above in reference to Claim 1 and 3, respectively.
Regarding claim 20, since they recite similar features to claim 1, they will be rejected too. Therefore, the rejection is maintained as present below.
Furthermore, in light of the remarks and standing rejection below, the examiner asserts the prior art of record teaches all the elements as claimed and these elements satisfy all structural, functional, operational, and spatial limitations currently in the claims. Therefore, the standing rejections are proper and maintained for all independent and dependent claims.
Claim Objections
Claim 20 objected to because of the following informalities:
Claim 20, line 1, “the implementation” should read “an implementation”.
Claim 20, line 1, “the steps” should read “steps”.
Claim 20, line 1, “said employee trainee identifiers” should read “employee trainee identifiers”.
Claim 20, line 1, “said interaction events” should read “said trainee interaction events”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 20 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the following limitation: “a plurality of flash card testing content presented randomly to an employee trainee”. This limitation is not adequately described in the specification as originally filed and forms the basis of the rejection. As such, the limitations are reasonably rejected under a theory of new matter. Therefore, claim 1 is rejected under 35 U.S.C. § 112(a), as failing to comply with the written description requirement.
Claim 20 recites the following limitation: “storing in at least one central server one or more structured relational databases”. This limitation is not adequately described in the specification as originally filed and forms the basis of the rejection. As such, the limitations are reasonably rejected under a theory of new matter. Therefore, claim 20 is rejected under 35 U.S.C. § 112(a), as failing to comply with the written description requirement.
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. The claims are directed to at least one of abstract idea groupings, according to the 2019 Revised Patent Subject Matter Guidelines (Mathematical Concepts, Mental Processes and/or Certain Methods of Organizing Human Activity). Further, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
More specifically, regarding Step 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are directed to a system and/or process, which is are statutory categories of invention.
Step 2A-1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Independent claim 1 recites the following, with the abstract ideas highlighted in bold, including an indication as to the abstract idea grouping(s) to which the indicated limitations belong to, according to the 2019 Revised Patent Subject Matter Guidelines. Independent claim 20, having substantially similar features, were also analyzed and to which the following conclusion is also applicable:
A computer-implemented content; and a flash card test module comprising a plurality of flash card testing content presented randomly to an employee trainee as determined by said at least one central server; at least one first computer configured for use by the employee trainee or an employee trainer and capable of communicating with said at least one central server via a network; at least one second computer configured for use by an employee manager or the employee trainer and capable of communicating with said at least one central server and said first computer via said network; wherein said at least one central server executes said computer-implemented system comprising executable instructions that: generate, from the establishment-specific data, said flash card modules each corresponding to a respective training shift; automatically assign a selected said flash card module with the identified employee trainee record in response to completion data from a corresponding training shift received from said second computer; execute a sequence of flash card testing content within said flash card test module for delivery to the employee trainee via said first computer or said second computer; evaluate and score responses from the employee trainee and store performance metrics within an employee trainee profile database; monitor for changes to said training shift data and, upon detecting a modification, automatically synchronize and maintain updated training content across said at least one central server, said first computer, and said second computer without manual intervention; and update the employee trainee interface in real time to reflect the synchronized training assignments and performance data retrieved from said at least one central server; wherein said first computer presents to the employee trainee a graphical user interface comprising a training dashboard displaying the training progress, training assignments, and flash card test scores of the employee trainee retrieved in real time from said at least one central server.
The limitations in claim 1 (as well as claim 20) recites an abstract idea included in the groupings of mental processes, connected to technology only through application thereof using generic computing elements (e.g., computer, server, etc.) and/or insignificant extra-solution activity. According to the 2019 Revised Patent Subject Matter Guidelines:
Mental Processes include concepts performed in the human mind (including an observation, evaluation, judgement, opinion);
Specifically, the instant claims include functions/limitations, as highlighted in the independent claim above, that constitute at least:
D. Concepts performed in the human mind (e.g., “executing a sequence of flashcard testing, evaluating and scoring responses, and storing performance metrics”), which is an abstract idea included in the grouping of Mental Processes. These limitations are interpreted as at least Mental Processes insomuch as the claim limitations are directed to performing the concepts in the human mind, while only generically connected to interaction with a computer utilizing non-special purpose generic computing elements and/or insignificant extra-solution activity as set forth in the claims.
Regarding dependent claims 2-6, 8, 10-15, 17, and 18:
Each claim is dependent either directly or indirectly from the independent claim identified above and includes all the limitations of said independent claim. Therefore, each dependent claim recites the same abstract idea as identified above. Each of the dependent claim further describes additional aspects of the abstract idea, i.e., additional aspects to the Mental Processes. For example, some dependent claims merely provide additional Mental Processes to be performed and/or additional insignificant extra-solution activity, without anything more significant to establish eligibility under 35 U.S.C. 101.
Step 2A-2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration if the claim limitations are directed to a practical application.
Limitations that are indicative of integration into a practical application:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
-Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
-Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Claims 1-20 clearly do not improve the functioning of a computer, as they only incorporate generic computing elements, do not effect a particular treatment, and do not transform or reduce a particular article to a different state or thing. Similarly, there is no improvement to a technical field. In addition the claims do not apply the judicial exception with, or by use of a particular machine. The claims do not apply or use the judicial exception in a meaningful way. The claimed invention does not suggest improvements to the functioning of a computer or to any other technology or technical field (see MPEP 2106.05 (a)).
This judicial exception is not integrated into a practical application because the claimed invention merely applies the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea (MPEP 2106.05 (f)) and/or generally links the use of the judicial exception to a particular technology or field of use (MPEP 2106.05 (h)). The claimed computer components are recited at a level of generality and are merely invoked as tool to perform the abstract idea. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea.
For the reasons as discussed above, the claim limitations are not integrated to a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claim amounts to significantly more than the exception.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because no element or combination of elements is sufficient to ensure any claim of the present application as a whole amounts to significantly more than one or more judicial exceptions, as described above. For example, the recitations of utilization of “computer, server”, etc. used to apply the abstract idea merely implements the abstract idea at a low level of generality and fail to impose meaningful limitations to impart patent-eligibility. These elements and the mere processing of data using these elements do not set forth significantly more than the abstract idea itself applied on general purpose computing devices. The recited generic elements are a mere means to implement the abstract idea. Thus, they cannot provide the “inventive concept” necessary for patent-eligibility. “[I]f a patent’s recitation of a computer amounts to a mere instruction to ‘implement]’ an abstract idea ‘on ... a computer,’... that addition cannot impart patent eligibility.” Alice, 134 S. Ct. at 2358 (quoting Mayo, 132 S. Ct. at 1301). As such, the significantly more required to overcome the 35 U.S.C. 101 hurdle and transform the claimed subject matter into a patent-eligible abstract idea is lacking. Accordingly, the claims are not patent-eligible.
Further, the claims would require structure that is beyond generic, such as structure that can be interpreted analogous to a general-purpose structure and general-purpose computing elements in that they represent well-understood, routine, conventional elements that do not add significantly more to the claims. See Alice Corp. v. CLS Bank International, 134 S. Ct. at 2358-59. The elements of a computer or server are well known conventional devices used to electronically implement information processing like executing information, evaluating information, or storing information by Kubota et al. (US 20100115587 A1; hereinafter Kubota). Kubota discloses that a conventional computer is a well-known device use to process information (¶72). See Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018).
The dependent claims do not add “significantly more” for at least the same reasons as directed to their respective independent claims, at least based on the position, as discussed above, that each of the dependent claims merely provide additional limitations to further expand the abstract idea of the independent claims, without adding anything which would establish eligibility under 35 U.S.C. 101.
Consequently, consideration of each and every element of each and every claim, both individually and as an ordered combination, leads to the conclusion that the claims are not patent-eligible under 35 USC §101.
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 1-3, 6, 8, 10-15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jackson (US 20120016754 A1; hereinafter Jackson) in view of Jeong (US 20110318723 A1; hereinafter Jeong).
Regarding claim 1, Jackson discloses a computer-implemented system (implemented with a computer; abstract) for dynamically managing and delivering establishment specific training content within a networked food service environment (computers are capable of dynamic management of data as seen in ¶26 with real time management because real-time management requires dynamic management of data), the computer-implemented system comprising: at least one central server configured to store and execute one or more databases specific to a food service establishment and employees (multiple databases and databases in ¶19, but databases are not limited to food establishments, they can be used in any field where data needs to be managed and/or stored), said one or more databases including; menu data comprising a plurality of menu items (menu; ¶6), menu sub-items (sub menu categories; ¶42), and core products (main category; ¶40); training shift data (worker's shifts would include regular work or any other activities, such as training, during the shift; ¶23) comprising shift set-up (described as a plurality of working shifts in the specification of the present invention, which would be included in worker’s shifts; ¶23), pre-shift information (described as announcement information about shifts in the specification of the present invention, which would be included in worker’s shift since any changes in the shift would be announced or changed there; ¶23), training shift data (training data in ¶48-¶49), and training module content (content would be included in the training); at least one first computer configured for use by the employee trainee or an employee trainer and capable of communicating with said at least one central server via a network (computer in communication with network; abstract); wherein said at least one central server executes said computer-implemented system comprising executable instructions that (inherent to computers): and update the employee trainee interface in real time (the management is done in real time; ¶26) to reflect the synchronized training assignments and performance data retrieved from said at least one central server (if there is real time management, then synchronization of data is inherent because real time management of data relies on the synchronization of data); wherein said first computer presents to the employee trainee a graphical user interface (application interface; abstract) comprising a training dashboard displaying the training progress (manager’s log can include training and manager’s log is stored in calendar 1206, which can be shown in a display 1104 in ¶47-¶48), training assignments (any training data can be included depending on what training was given to employees). Jackson does not explicitly disclose a flash card module comprising a plurality of flash card learning content; and a flash card test module comprising a plurality of flash card testing content presented randomly to an employee trainee as determined by said at least one central server; at least one second computer configured for use by an employee manager or the employee trainer and capable of communicating with said at least one central server and said first computer via said network; generate, from the establishment-specific data, said flash card modules each corresponding to a respective training shift; automatically assign a selected said flash card module with database the identified employee trainee record in response to completion data from a corresponding training shift received from said second computer; execute a sequence of flash card testing content within said flash card test module for delivery to the employee trainee via said first computer or said second computer; evaluate and score responses from the employee trainee and store performance metrics within an employee trainee profile database; monitor for changes to said training shift data and, upon detecting a modification, automatically synchronize and maintain updated training content across said at least one central server, said first computer, and said second computer without manual intervention; displaying flash card test scores of the employee trainee retrieved in real time from said at least one central server.
However, Jeong focuses on using virtual flash cards for teaching/training purposes and displaying these flash cards on a computer, which can be customized based on the study course. Jeong relates to Jackson because Jackson also displays training data on a computer, and when combined, that data can be displayed on a virtual flash card. Jeong teaches a flash card module comprising a plurality of flash card learning content (flash cards; ¶20); and a flash card test module comprising a plurality of flash card testing content (virtual flash cards to study before a test; ¶26) presented randomly to an employee trainee (applicant points to shuffling the flash cards in ¶58, ¶64, and ¶65 of the specification of the present invention for presenting randomly, the arrangements of the virtual cards can be changed in ¶18) as determined by said at least one central server (central server available in ¶20); at least one second computer configured for use by an employee manager or the employee trainer and capable of communicating with said at least one central server and said first computer via said network (2 different servers in Fig 1 and computers in a network can inherently communicate with each other); generate, from the establishment-specific data, said flash card modules each corresponding to a respective training shift (flash cards are designed to have any type of data depending on the best studying situation; ¶2); automatically assign a selected said flash card module with database the identified employee trainee record (automatically assigning is described in the specification of the current invention as loading selected flash cards in ¶53 and ¶56, in Jeong the system automatically selects the virtual flash cards for the user in ¶2) in response to completion data from a corresponding training shift received from said second computer (flash cards are implemented through the class server and central server; ¶54); execute a sequence of flash card testing content within said flash card test module for delivery to the employee trainee via said first computer or said second computer (flash cards can be used for quizzes and they are being delivered through a computer; ¶7); evaluate (performance reviewer 162; ¶101) and score responses from the employee trainee and store performance metrics within an employee trainee profile database (saving learning progress statistics; ¶20); monitor for changes to said training shift data and, upon detecting a modification, automatically synchronize and maintain updated training content across said at least one central server (this feature of data management used by computers and databases, here the system is detecting modification to the data and synchronizing the data as shown by saving the learning progress statistics of each user in ¶20 and comparing scores of users to the database in ¶76), said first computer, and said second computer without manual intervention (system can do it automatically in ¶76); displaying flash card test scores of the employee trainee (flash cards displayed in Fig 5 and they can be scored ¶76) retrieved in real time from said at least one central server (users can access in real time flash card information because the system can automatically retrieve it from the server as seen in ¶2 and constantly keeping track of user performance means it’s saving data in real time in ¶78).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jackson to implement the teachings of Jeong for the benefit of helping food employees to memorize and retain key information about the menu of a restaurant. Furthermore, flash cards are a well-known tool of educating, training, or testing users in multiple fields because you can write any type of information on a flash card.
Regarding claim 2, Jackson discloses wherein said second computer communicates with said at least one central server to retrieve said training shift data (worker's shifts would need to be retrieved from server to show them and worker’s shift would include the schedule of work or training; ¶23) to assign a plurality of working shifts to the employee trainees and the employee trainers (this is the purpose of worker shifts, they must be assigned).
Regarding claim 3, Jackson does not explicitly disclose wherein said first computer or said second computer communicates with said at least one central server to retrieve said flash card module to train the employee trainees.
However, Jeong focuses on using virtual flash cards for teaching/training purposes and displaying these flash cards on a computer, which can be customized based on the study course. Jeong relates to Jackson because Jackson also displays training data on a computer, and when combined, that data can be displayed on a virtual flash card. Jeong teaches wherein said first computer or said second computer communicates with said at least one central server (communication between servers and clients; Fig1) to retrieve said flash card module to train the employee trainees (used to train users; ¶20).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jackson to implement the teachings of Jeong because electronic flash cards need to be managed, updated, and sometimes retrieved from different devices to be shown to the user. Therefore, communication between a computer and the central server is necessary.
Regarding claim 6, Jackson discloses wherein each of said plurality of menu items include a name, a category, a description, ingredients, a photo, key information, item options, a garnish, a specification, cook time, dietary and allergen information, whether the menu item is gluten free, vegan or vegetarian and options to upsell (dietary restriction, course, cost, ingredients or other customizable parameters; ¶42). Jackson doesn’t explicitly disclose a name, a category, a photo, key information, item options, a garnish, a specification, a cook time, or whether the menu item is gluten free, vegan or vegetarian and options to upsell.
However, this is design choice determined by what information the restaurant chooses to have on their menu. This information can help customers to make a better decision on what item from the menu to eat.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jackson to implement any other type of menu information decided by the restaurant. It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified Jackson such that a food menu can implement a name, a category, a photo, key information, item options, a garnish, a specification, a cook time, or whether the menu item is gluten free, vegan or vegetarian and options to upsell for the benefit of providing important information for customers to make a choice on what they would like to order.
Regarding claim 8, Jackson discloses wherein each of said plurality of menu sub items include a name, ingredients, a photo, dietary and allergen information and whether the menu item is gluten free, vegan or vegetarian (dietary restriction, course, cost, ingredients or other customizable parameters; ¶42). Jackson doesn’t explicitly disclose a name, a photo, and whether the menu sub item is gluten free, vegan or vegetarian.
However, this is design choice determined by what information the restaurant chooses to have on their menu. This information can help customers to make a better decision on what item from the menu to eat.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jackson to implement any other type of menu information decided by the restaurant. It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified Jackson such that a food menu can implement a name, a photo, and whether the menu item is gluten free, vegan or vegetarian for the benefit of providing important information for customers to make a choice on what they would like to order.
Regarding claim 10, Jackson discloses wherein each of said plurality of core product items include a name, category, ingredients, a product description, a photo and key information (dietary restriction, course, cost, ingredients or other customizable parameters; ¶42). Jackson doesn’t explicitly disclose a name, category, a product description, a photo and key information.
However, this is design choice determined by what information the restaurant chooses to have on their menu. This information can help customers to make a better decision on what item from the menu to eat.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jackson to implement any other type of menu information decided by the restaurant. It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified Jackson such that a food menu can implement a name, category, a product description, a photo and key information for the benefit of providing important information for customers to make a choice on what they would like to order.
Regarding claim 11, Jackson does not explicitly disclose wherein said flash card module further comprises a plurality of flash card learning content depicting said plurality of menu sub items and said plurality of core products stored as said one or more databases on said at least once central server.
However, Jeong focuses on using virtual flash cards for teaching/training purposes and displaying these flash cards on a computer, which can be customized based on the study course. Jeong relates to Jackson because Jackson also displays training data on a computer, and when combined, that data can be displayed on a virtual flash card. Jeong teaches wherein said flash card module further comprises a plurality of flash card learning content depicting said plurality of menu sub items and said plurality of core products stored as said one or more databases on said at least once central server (virtual flash cards to study in ¶26 and the content of flash cards can be adapted to what needs to be studied as mentioned in ¶2).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jackson to implement the teachings of Jeong because flash cards are a well-known method of educating, training, or testing users. In this case electronic flash cards would have the benefit of helping food employees to memorize and retain key information about the sub menu items of a restaurant.
Regarding claim 12, Jackson discloses wherein each of said plurality of working shifts include a shift name, a description of the shift, shift expectations, expected attire to wear, what to bring, assignment of a shift checklist for said trainers and said plurality of new employees and assignment of said flash card module (description of schedule; Fig 8a). Jackson provides a description of employees working shift but doesn’t explicitly disclose a shift name, a description of the shift, shift expectations, expected attire to wear, what to bring, assignment of a shift checklist for said trainers and said plurality of new employees and assignment of said flash card module.
However, this is design choice determined by what information the restaurant chooses to have on their working shift. This information can help employees adhere properly to the company’s policies and responsibilities.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jackson to implement any other type of working shift information decided by the restaurant. It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified Jackson such that a working shift can implement a shift name, a description of the shift, shift expectations, expected attire to wear, what to bring, assignment of a shift checklist for said trainers and said plurality of new employees and assignment of said flash card module for the benefit of informing employees about important rules, regulations, or responsibilities.
Regarding claim 13, Jackson does not explicitly disclose wherein said flash card module includes: a first option to automatically advance each of said plurality of flash cards; a second option to review both sides of each of said plurality of flash cards; an audible option to announce the information on each of said plurality of flash cards; a third option to set the color of each of said plurality of flash cards; and a fourth option to set the amount of time that each of said plurality of flash cards is viewable.
However, Jeong focuses on using virtual flash cards for teaching/training purposes and displaying these flash cards on a computer, which can be customized based on the study course. Jeong relates to Jackson because Jackson also displays training data on a computer, and when combined, that data can be displayed on a virtual flash card. Jeong teaches wherein said flash card module includes: a first option to automatically advance each of said plurality of flash cards (automatically moves to the next one; ¶151); a second option to review both sides of each of said plurality of flash cards (flash cards have information on both sides; ¶180); an audible option to announce the information on each of said plurality of flash cards (information as sound; ¶180); and a fourth option to set the amount of time that each of said plurality of flash cards is viewable (time needed for each flash card to be completed; ¶23).
In regards to a third option to set the color of each of said plurality of flash cards, this is design choice determined by what color the restaurant chooses to have on their flash cards.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jackson to implement the teachings of Jeong for the benefit of improving the efficacy of electronic flash cards by associating certain flash cards with different colors. Therefore, this is merely a design choice because by changing their color their purpose would not be affected.
Regarding claim 14, Jackson does not explicitly disclose wherein said flash card test module further comprises said plurality of flash cards depicting said plurality of menu sub items and said plurality of core products stored as said one or more databases on said at least once central server.
However, Jeong focuses on using virtual flash cards for teaching/training purposes and displaying these flash cards on a computer, which can be customized based on the study course. Jeong relates to Jackson because Jackson also displays training data on a computer, and when combined, that data can be displayed on a virtual flash card. Jeong teaches wherein said flash card test module further comprises said plurality of flash cards depicting said plurality of menu sub items and said plurality of core products stored as said one or more databases on said at least once central server (virtual flash cards to study in ¶26 and the content can be adapted to what the user needs in ¶2).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jackson to implement the teachings of Jeong for the benefit of helping food employees to memorize and retain key information about the menu sub items and core products of a restaurant. Furthermore, flash cards are a well-known method of educating, training, or testing users in multiple fields of study.
Regarding claim 15, Jackson does not explicitly disclose wherein said flash card test further includes a set threshold of correct answers that must be met or exceeded to pass said flash card test.
However, Jeong focuses on using virtual flash cards for teaching/training purposes and displaying these flash cards on a computer, which can be customized based on the study course. Jeong relates to Jackson because Jackson also displays training data on a computer, and when combined, that data can be displayed on a virtual flash card. Jeong teaches wherein said flash card test further includes a set threshold of correct answers that must be met or exceeded to pass said flash card test (threshold of 70%-80%; ¶14 and ¶73).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jackson to implement the teachings of Jeong for the benefit of tracking the knowledge of a student and see if student meets the necessary requirement. It is done to ensure the test taker has the minimum required level of knowledge or skill to pass or advance. Furthermore, this is a well-known method implemented in most tests.
Regarding claim 20, Jackson discloses a method for the implementation of a computer-implemented system (implemented with a computer; abstract) for dynamically managing and executing establishment specific training for employee trainees within a food service environment (computers are capable of dynamic management of data as seen in ¶26 with real time management because real-time management requires dynamic management of data. They can be used with ANY type of data, including data in the food service industry), the method comprising the steps of: storing in at least one central server one or more structured relational databases comprising (multiple databases and databases in ¶19, but databases are not limited to food establishments, they can be used in any field where data needs to be managed and/or stored): a menu module storing a plurality of menu items (menu; ¶6); a shift set-up module storing a plurality of training shift records (worker shift for each worker; ¶23). Jackson does not explicitly disclose in the plurality of menu items each record includes fields for a menu item name, category