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 .
Specification
The disclosure is objected to because of the following informalities:
The applicant should amend the specification to include U.S Patent Number for an application that appears to have matured into a U.S Patent.
Appropriate correction is requested.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 of U.S. Patent No. 11544626. Although the claims at issue are not identical, they are not patentably distinct from each other because of anticipation.
Application 17960996
Pat 11544626
1. A system for monitoring a niche model using a by-pass engine (Examiner Note: preamble, no weight),
the system comprising: a computing device, wherein the computing device is configured to:
generate a plurality of resource models, wherein generating the plurality of resource models comprises:
receiving, for each resource, a plurality of distributed factors, wherein each distributed factor includes a rating by a peer of a resource; and
deriving, for each resource and as a function of a plurality of resource data, a merit quantitative field, wherein deriving the merit quantitative field comprises:
deriving a merit quantitative field as a function of the plurality of resource data;
generating a biasing element; tuning the biasing element as a function of the plurality of distributed factors; and modifying the merit quantitative field as a function of the biasing element;
select a resource model from a plurality of resource models;
compute a niche model, wherein the niche model comprises a niche quantitative field;
combine the niche model with the selected resource model as a function of the merit quantitative field and the niche quantitative field (Examiner Not: inherent from the context); and
provide an indication of the at least a selected resource model to a niche client device of the niche model,
wherein providing the indication further comprises: selecting a single resource; and informing the single resource as a function of the client device.
1. A system for classifying resources to niche models,
the system comprising: a computing device, wherein the computing device is configured to:
receive a plurality of resource data corresponding to a plurality of resources;
generate a plurality of resource models, wherein generating the plurality of resource models further comprises:
receiving, for each resource, and from a plurality of resource client devices, a plurality of distributed factors, wherein each distributed factor includes a rating by a peer of the resource;
deriving, for each resource and as a function of the plurality of resource data, a merit quantitative field, wherein deriving the merit quantitative field further comprises:
generating a training data, wherein the training data comprises at least a resource datum and at least a correlated merit quantitative field datum;
training a merit quantitative field machine-learning model as a function of the training data; and
deriving the merit quantitative field as a function of the plurality of resource data and the merit quantitative machine-learning model;
generating a biasing element; tuning the biasing element as a function of the plurality of distributed factors; and modifying the merit quantitative field as a function of the biasing element;
generating a resource model corresponding to the resource as a function of the plurality of resource data and the merit quantitative field, wherein the plurality of resource models are displayed in order of ranking;
compute a niche model, wherein the niche model comprises: a plurality of niche data; and an output quantitative field, wherein the output quantitative field is generated as a function of a niche quantitative field machine-learning model, wherein generating the output quantitative field comprises: training the niche quantitative field machine-learning model using a training data comprising an output quantitative field data to a niche data; and generating the output quantitative field as a function of the niche quantitative field machine-learning model;
combine the niche model with at least a selected resource model corresponding to a selected resource of the plurality of resources, wherein combining further comprises: classifying the output quantitative field to at least a selected merit quantitative field of the at least a selected resource model; and classifying at least a niche datum of the plurality of niche data to at least a datum of the plurality of resource data;
provide an indication of the at least a selected resource model to a client device of the niche model,
wherein providing the indication further comprises: automatically selecting a single resource; and automatically informing the single resource as a function of the client device;
receive an indication that the selected single resource is no longer available; and select the a second resource of the plurality of resource models, wherein selecting the second resource further comprises: receiving, from a user associated with the niche, a set of characteristics of the selected single resource; and selecting the second resource using the set of characteristics and a classification algorithm.
Claim 11 of instant application is a correspond to claim 11 of US Pat 11544626, and is rejected for the same reason as claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 26 and 35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 26 recites ”using a by-pass engine”. However, claim 1 already recite “a by-pass engine”. It is unclear if the by-pass engine in claim 26 is referring back to the claim 1 or a different one.
Claim 35 recites ”using a by-pass engine”. However, claim 1 already recite “a by-pass engine”. It is unclear if the by-pass engine in claim 35 is referring back to the claim 11 or a different one.
Allowable Subject Matter
Claims 21-38 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and overcome the 112b rejection.
The following is a statement of reasons for the indication of allowable subject matter:
Instant application is allowable for the same reason as parent case 17/335135 (US Patent 11544626).
Specifically, the claim when interprets in light of the definitions of the spec “ [0012]… A "resource model," as used in this disclosure, is a data structure representing a corresponding resource in system 100. …"merit quantitative field," as used in this disclosure, is a quantitative field representing a cost or value associated with a resource. … A "quantitative field," as used in this disclosure, is a quantitative value or set, such as a number, a range of numbers, an n-tuple of numbers, or the like. “[0014]... A "biasing element," as used in this disclosure, is a numerical element added to or otherwise combined with a quantifier such as a merit quantifier to create a modified merit quantifier, for instance, by weighting the quantifier, begin added thereto, or the like…. A "distributed factor 132," as used herein, is a quantitative and/or quantifiable datum received from at least one additional participant in system and/or a device of such participant” “[0016] …a "niche model 140" is a data representation of a niche, which is defined as a job opening, gig, temporary or permanent employment opportunity, or the like. …. "Computing" as used in this context, refers to retrieval from storage in a database or other memory of and/or accessible to computing device 104 and/or to generation, of niche model 140…. As used in this disclosure, "niche data 144" is data describing a niche, which data may be used to match a resource model 116 to a niche model 140... A "niche quantitative field," as used in this disclosure, is a quantitative field as described above that represents payment offered or potentially offered to a resource selected for niche” [0038] …. As used in the current disclosure, "by-pass engine" is a monitoring process for a niche model to ensure that the niche model is filled with a resource from within the platform.” is not anticipated or render obvious over prior arts.
While Abbasi Moghaddam (US 20210089603 A1), the best prior art, disclose the idea of using machine learning models for generating output related to the compatibility of the candidate with the jobs (reads on BRI of a “niche model”), Abbasi Moghaddam fails to disclose at least “receiving, for each resource, and from a plurality of resource client devices, a plurality of distributed factors, wherein each distributed factor includes a rating by a peer of the resource”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUT WONG whose telephone number is (571)270-1123. The examiner can normally be reached M-F 10am-6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abdullah Al Kawsar can be reached at 5712703169. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUT WONG/Primary Examiner, Art Unit 2127
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