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 . Claims 1, 3, 8, 10, 12, 13, 15, 117, 119, and 121-131 have been reviewed and are under consideration by this office action.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/18/2025 has been entered.
Notice to Applicant
The following is a Non-Final Office action. Applicant, on 11/18/2025, amended claims and cancelled/previously cancelled 4-7, 9, 11, 14, 16-116, 118, and 120. Claims 1, 3, 8, 10, 12, 13, 15, 117, 119, and 121-131 are pending in this application and have been rejected below.
Response to Amendment
Applicant’s amendments are received and acknowledged.
The102/103 Rejections were overcome and withdrawn in the Final Office action dated 06/18/2025.
Response to Arguments - 35 USC § 101
Applicant’s arguments with respect to the 35 USC 101 rejections have been fully considered, but they are not persuasive.
Applicant contends that claims are not directed towards mental processes and further points to specific aspects of the amended claims and points to storage mediums, servers, etc.
Examiner respectfully disagrees. The cited elements such as servers, mediums, computer systems, automatically, real-time (each imply the use of a general purpose computer), etc. are each are additional elements which amount to “apply it” on a general purpose computer (see MPEP 2106.05(f)) and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h).
Applicant contends the office oversimplifies claims as they are not directed towards an abstract idea.
Examiner respectfully disagrees. The claims are directed towards the mental process of determining one or more recommended staffing actions and is applied to general purpose computing components (See MPEP 2106.05(f)). Further the claims are directed towards certain methods of organizing human activity (i.e. business relations and managing personal relationships or behaviors as the claims are directed towards identifying inventory discrepancies, inventory patterns, labor and scheduling recommendations (Specification, [02]).
Applicant contends the claims provide multiple algorithms on server controlled triggers for automatic execution.
Examiner finds the argument unpersuasive. An algorithm alone does not constitute an additional element. The inclusion of a machine learning algorithm (recited at a high level of generality) amounts to “apply it” on a general purpose computer (see MPEP 2106.05(f)) and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h). The servers, modules, APIs, etc. are addressed similarly.
Applicant contends at Step 2A- P2 that the claims recite An improvement in the functioning of a computer, or an improvement to other technology or technical field. Applicant points to several limitations. Applicant further points to par. 05 of the specification and cites McRO.
Examiner respectfully disagrees. The cited elements such as servers, mediums, computer systems, automatically, real-time (each imply the use of a general purpose computer), etc. are each are additional elements which amount to “apply it” on a general purpose computer (see MPEP 2106.05(f)). The use of algorithms are merely narrowing the abstract idea as algorithms can be performed mentally (i.e. pen and paper) and would further be directed towards mathematical concepts. Examiner further notes that the McRO claims do not follow the same fact pattern as the present claims as MCRO is directed towards automatic lip synchronization while the present claims are directed towards determining staffing recommendations applied to a general purpose computer.
Applicant further contends that similar to Example 42 that claims are integrated into a practical application.
Examiner respectfully disagrees. The claims of Example 42 are not analogous to the current claims. Example 42 recites the real-time data conversion through the use of a server while the current claims do not recite any such data conversions. The use of real-time determining sales trends and staffing recommendations implies the use of a general purpose computer.
Applicant contends that the claims recite a particular machine and do not recite a general purpose computer and points to sub-modules, algorithms, etc.
Examiner respectfully disagrees. The full 101 analysis below bolds each of the additional elements, all of which are performing the steps would be no more than mere instructions to apply the exception using a generic computer component. See MPEP 2106.05(f)and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h).
Applicant contends that claims are using judicial exception in a meaningful way and further points to Diamond v. Diehr and Alice Corp. asserting that claims do not merely use a computer to implement the idea as the claims utilize an application, sub-modules, algorithms, databases, etc.
Examiner respectfully disagrees. Each of the cited elements are additional elements which are performing the steps would be no more than mere instructions to apply the exception using a generic computer component. See MPEP 2106.05(f)and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h). Examiner further points to the Applicant’s Specification wherein it is described through the use of a general purpose computer (Specification, [66]; The system may include one or more computing devices…. The one or more computing devices may include and/or be in communication with one or more processors, storage devices, servers, networks, user interfaces, other computing devices, the like, or any combination thereof. The one or more or more computing devices may communicate via one or more interaction interfaces (e.g., an application programming interface ("API")), networks, and/or the like. The computing device may be one or more personal computers (e.g., laptop or desktop), mobile devices (e.g., mobile phone, tablet, smart watch, etc.), or any combination thereof).
Applicant further contends at Step 2B that the additional elements or combination of elements amount to significantly more than the judicial exception. Applicant points to transmitting … to a labor sub-module and asserts that the limitations is not well-understood, routine, or conventional.
Examiner respectfully disagrees. The transmitting of data over a network is concept that has been recognized by the courts as well-understood, routine, and conventional activity (See MPEP 2106.05(d) i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362). The limitations merely use general purpose computer elements to perform the limitation. The claims have been analyzed both individually as well as in combination are determined to be performing the steps would be no more than mere instructions to apply the exception using a generic computer component. See MPEP 2106.05(f)and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h).
Applicant contends that there is no evidence of a labor management system which uses the particular arrangement of element and further points to Bascom…
Examiner respectfully disagrees. The present claims are not analogous to Bascom as the claims in Bascom are directed to generating network access requests, remote ISP servers associating network accounts, filtering schemes, and filtering elements, while the present application is directed towards managing labor for a workplace (and further the abstract portions identified below). The claims are analyzed both individually as well as in combination and determined to be performing the steps would be no more than mere instructions to apply the exception using a generic computer component. See MPEP 2106.05(f)and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
The 101 Rejection is updated and maintained below.
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, 3, 8, 10, 12, 13, 15, 117, 119, and 121-131 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 One - First, pursuant to step 1 in the January 2019 Guidance on 84 Fed. Reg. 53, the claim(s) 1, 3, 8, 10, 12, 13, 15, 117, 119, and 121-131 is/are directed to statutory categories.
Step 2A, Prong One – The claims are found to recite limitations that set forth the abstract idea(s), namely in independent claims 1 and 117 recite a series of steps for managing labor for a workforce;
Regarding Claims 1, (additional elements bolded)
A computer-implemented method for managing labor for a workplace with a labor module comprising:
a) providing a system including one or more servers, wherein the one or more servers include one or more storage mediums and one or more processors, the one or more servers being part of a system backbone, configured to automatically coordinate execution of multiple sub-modules of the labor module, wherein the one or more servers are in communication with the internet, and wherein the one or more servers are in communication with a plurality of computing devices including one or more on-site computer systems and one or more individual computing devices via the internet;
b) providing an application to a user for downloading onto an individual computing device with a user interface so the user can interact with the labor module, wherein the application can access the one or more servers of the system via the internet;
c) the one or more processors automatically executing a sales sub-module initiated by the system backbone and stored as computer-executable instructions in the one or more storage mediums and automatically (automatically implies the use of a general purpose computer) determining projected sales for the workplace in real time, wherein the sales sub-module is part of the labor module;
wherein the workplace is in a hospitality industry;
wherein the sales sub-module receives one or more workplace inputs, and the one or more workplace inputs include a workplace type, a workplace location, and information about goods for sale and/or services offered by the workplace, wherein the workplace type includes one or more sectors of the hospitality industry, and wherein the workplace location includes one or more geographic locations of the workplace, wherein the workplace type includes one or more sectors of the hospitality industry, and wherein the workplace location includes one or more geographic locations of the workplace;
wherein the sales sub-module is in communication with a plurality of external sources via an application programming interface, the plurality of external sources include one or more weather databases, one or more events databases, and one or more promotions databases;
wherein the sales sub-module automatically receives one or more external inputs from each of the plurality of external sources, the one or more external inputs including weather data, events data and promotions data;
wherein the sales sub-module is configured to automatically receive from the one or more weather databases the weather data is weather related information based on a geographic location of the workplace and automatically receive from the one or more events databases information about scheduled events occurring within a proximity of 50 km or less to the workplace;
wherein the sales sub-module automatically executes one or more projected sales algorithms to analyze one or more inputs, including the one or more external inputs, to determine the projected sales; and
wherein the projected sales algorithm includes a machine learning model trained on historical sales and historical external inputs including previous weather, previous promotions, and previous events;
wherein the projected sales algorithm automatically determines one or more sales trends in real time based on one or more weather patterns, one or more events, one or more promotions, one or more calendar data, and the one or more workplace inputs;
wherein the projected sales include expected volume of the sales, expected timeframe for the sales, and expected volume of the sales by good and/or and service offered by the workplace; and
wherein the projected sales for the workplace are stored in one or more databases in the one or more storage mediums;
d) the one or more processors automatically transmitting the projected sales to a labor sub-module, wherein the labor sub-module is part of the labor module, wherein the transmitting is controlled by the system backbone;
e) the one or more processors automatically executing the labor sub-module backbone and stored as computer-executable instructions in the one or more storage mediums upon receiving the projected sales from the sales sub-module, wherein executing the labor sub-module includes executing one or more labor algorithms to determine projected staffing needs which is staffing needed to support the projected sales, the labor sub-module further receiving staff profile inputs including one or more employee records stored in one or more staff databases;
f) the one or more processors automatically transmitting the projected staffing needs to a scheduling sub-module, wherein the scheduling sub-module is part of the labor module, and wherein the transmitting is controlled by the system backbone;
g) the one or more processors automatically executing the scheduling sub-module initiated by the system backbone and stored as computer-executable instructions in the one or more storage mediums upon receiving the projected staffing needs;
wherein executing the scheduling sub-module includes executing one or more scheduling algorithms to determine one or more recommended staffing actions in real time;
and automatically generating one or more staffing action alerts based on the one or more recommended staffing actions;
h) the one or more processors automatically transmitting the one or more staffing action alerts to an action module, wherein the transmitting is controlled by the system backbone;
i) automatically displaying the one or more staffing action alerts on the user interface of the individual computing device via the application; and
wherein the labor module is executable computer instructions residing on the one or more storage mediums on the one or more servers and is accessible for execution by the one or more processors.
Regarding Claim(s) 117, A computer-implemented method for managing labor for a workplace with a labor module comprising:
a)providing a system including one or more servers, wherein the one or more servers include one or more storage mediums and one or more processors, the one or more servers being part of a system backbone configured to automatically coordinate execution of multiple sub-modules of the labor module, wherein the one or more servers are in communication with the internet, wherein the one or more servers are in communication with a plurality of computing devices including one or more on-site computer systems and one or more individual computing devices via the internet;
b)providing an application to a user for downloading onto an individual computing device with a user interface so that the user can interact with the labor module, wherein the application can access the one or more servers via the internet;
c) the one or more processors automatically executing a sales sub-module initiated by the system backbone and stored as computer-executable instructions in the one or more storage mediums and automatically determining projected sales for the workplace in real time, wherein the sales sub-module is part of the labor module;
wherein the workplace is in a hospitality industry;
wherein the sales sub-module receives one or more workplace inputs, and the one or more workplace inputs include a workplace type, a workplace location, and information about goods for sale and/or services offered by the workplace;
wherein the sales sub-module is in communication with a plurality of external sources via an application programming interface, the plurality of external sources include from one or more weather databases, one or more events databases, and one or more promotions databases;
wherein the sales sub-module automatically receives one or more external inputs from each of the plurality of external sources, the one or more external inputs including weather data, events data, and promotions data;
wherein the sales sub-module automatically executes one or more projected sales algorithms to analyze one or more inputs, including the one or more external inputs, to determine the projected sales; and
wherein the projected sales algorithm includes a machine learning model trained on historical sales and historical external inputs including previous weather. previous promotions, and previous events;
wherein the projected sales algorithm automatically determines one or more sales trends in real time based on one or more weather patterns, one or more events, one or more promotions, one or more calendar data, and the one or more workplace inputs; and
wherein the projected sales include expected volume of the sales, expected timeframe for the sales, and expected volume of the sales by good and/or service offered by the workplace; and
wherein the projected sales for the workplace are stored in one or more databases in the one or more memory storage mediums;
d) the one or more processors automatically transmitting the projected sales to a labor sub-module, wherein the labor sub-module is part of the labor module, wherein the transmitting is controlled by the system backbone;
e) the one or more processors automatically executing the labor sub-module, initiated by the system backbone and stored as computer-readable instructions in the one or more storage mediums and determining projected staffing needs;
wherein the labor sub-module is automatically executed upon receiving the projected sales from the sales sub-module;
wherein the labor sub-module automatically executes one or more labor algorithms to determine the projected staffing needs to support the projected sales;
wherein the labor sub-module receives one or more staff profile inputs for executing the one or more labor algorithms;
wherein the one or more staff profile inputs are automatically received from one or more staff databases which store one or more staff profiles which include one or more employee records; and
wherein the one or more labor algorithms automatically identify, what roles need to be fulfilled to support the projected sales; and
which staff is adequate to support the roles to support the projected sales;
f) the one or more processors automatically transmitting the projected staffing needs to a scheduling sub-module, wherein the scheduling sub-module is part of the labor module, and wherein the transmitting is controlled by the system backbone; and
g) the one or more processors automatically executing the scheduling sub-module initiated by the system backbone and stored as computer-executable instruction sin the one or more storage mediums upon receiving the projected staffing needs from the labor sub-module;
wherein executing the scheduling sub-module includes executing one or more scheduling algorithms to determine one or more recommended staffing actions in real time; and
automatically generating one or more staffing action alerts based on the one or more recommended staffing actions;
h) the one or more processors automatically transmitting the one or more staffing action alerts to an action module, wherein the transmitting is controlled by the system backbone;
i) automatically displaying the one or more staffing action alerts on the user interface of the individual computing device via the application; and
wherein the labor module is executable computer instructions residing on the one or more storage mediums on the one or more servers and is accessible for execution by the one or more processors.
As drafted, this is, under its broadest reasonable interpretation, within the Abstract idea groupings of “Mental processes—concepts performed in the human mind” (observation, evaluation, judgment, opinion) as the claims are directed towards determining sales projections, determining projected staffing needs, and determining one or more recommended staffing actions.
Further the claims are directed towards “Certain methods of organizing human activity” — commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations) and/or managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) as the claims are directed towards identifying inventory discrepancies, inventory patterns, labor and scheduling recommendations (Specification, [02]).
Step 2A, Prong Two - This judicial exception is not integrated into a practical application. The independent claims utilize at least a computer-implemented; labor module; a system including one or more servers, wherein the one or more servers include one or more storage mediums and one or more processors, the one or more servers being part of a system backbone, configured to automatically coordinate execution of multiple sub-modules of the labor module, wherein the one or more servers are in communication with the internet, and wherein the one or more servers are in communication with a plurality of computing devices including one or more on-site computer systems and one or more individual computing devices via the internet; application to a user for downloading onto an individual computing device with a user interface so the user can interact with the labor module, wherein the application can access the one or more servers of the system via the internet; one or more processors automatically executing a sales sub-module initiated by the system backbone and stored as computer-executable instructions in the one or more storage mediums and automatically (automatically implies the use of a general purpose computer) determining projected sales for the workplace in real time, wherein the sales sub-module is part of the labor module; sales sub-module receives one or more workplace inputs; sales sub-module is in communication with a plurality of external sources via an application programming interface, the plurality of external sources include one or more weather databases, one or more events databases, and one or more promotions databases; sales sub-module automatically receives one or more external inputs from each of the plurality of external sources; sales sub-module; weather databases; events databases; sales sub-module automatically; real time (implies use of a general purpose computer); machine learning model (recited at ahigh level of generality); stored in one or more databases in the one or more storage mediums; one or more processors automatically; labor sub-module backbone and stored as computer-executable instructions in the one or more storage mediums; sales sub-module, labor sub-module; labor sub-module further receiving staff profile inputs including one or more employee records stored in one or more staff databases; one or more processors automatically transmitting the one or more staffing action alerts to an action module, wherein the transmitting is controlled by the system backbone; automatically displaying… on the user interface of the individual computing device via the application; and labor module is executable computer instructions residing on the one or more storage mediums on the one or more servers and is accessible for execution by the one or more processors. The additional elements are performing the steps would be no more than mere instructions to apply the exception using a generic computer component. See MPEP 2106.05(f)and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h).
Step 2B - The claim does 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 additional elements are just “apply it” on a computer. (See MPEP 2106.05(f) – Mere Instructions to Apply an Exception – “Thus, for example, claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible.” Alice Corp., 134 S. Ct. at 235). Further the additional elements of transmitting the projected sales to a labor sub-module; automatically transmitting the projected staffing needs to a scheduling sub-module; and transmitting the one or more staffing action alerts to an action module are activities that has been recognized by the courts as well-understood, routine, and conventional activity (See MPEP 2106.05(d) i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362)
Regarding Claim(s) 8, 10, 12, 15, 119, 121-128, and 130-131 the claims further narrow the abstract idea or recite additional elements previously addressed in the independent claims. (i.e. databases; modules; automatically; etc. )
Regarding Claim(s) 3, the claim further recite the additional element(s) of one or more databases, APIs, web portals, or a combination thereof. This element(s) is performing the steps would be no more than mere instructions to apply the exception using a generic computer component. See MPEP 2106.05(f) and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h).
Regarding Claim(s) 13 and 129, the claim further recite the additional element(s) of scheduling systems.. This element(s) is performing the steps would be no more than mere instructions to apply the exception using a generic computer component. See MPEP 2106.05(f) and/or amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h).
Accordingly, the claim fails to recite any improvements to another technology or technical field, improvements to the functioning of the computer itself, use of a particular machine, effecting a transformation or reduction of a particular article to a different state or thing, adding unconventional steps that confine the claim to a particular useful application, and/or meaningful limitations beyond generally linking the use of an abstract idea to a particular environment. See 84 Fed. Reg. 55. Viewed individually or as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself.
Conclusion
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/JEREMY L GUNN/ Examiner, Art Unit 3624