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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d), with respect to European Parent Application No. EP21216900.7, filed on 12/22/2021.
Notice to Applicant
Claims 1, 7-8 and 13-14 are presently amended.
Claims 1-15 are pending.
Response to Amendment
Applicant’s amendments are acknowledged.
Response to Arguments
Applicant' s arguments filed 11/26/2025 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 § 112(f) Interpretations
First, Applicant argues that “Claims 1, 2, and 9 have been indicated as invoking 35 U.S.C. §112(f). Applicant respectfully points out that each of the noted claim terms are further indicated in the claims
as being tied to various limitations…” [Arguments, page 7].
In response, Applicants arguments are considered but are not persuasive. Examiner observes that the claims recite the function of the identified claim terms, however, the claims do not recite the structure of the identified terms (e.g. whether the units/engines are software or hardware elements). Thus, Examiner looks to the specification to determine the structure of the identified elements.
35 USC § 101 Rejections
First, Applicant argues that “…it is clear that the claimed apparatus and method are directed to a terminal that provides a user-specific interaction option wherein a large number of needs and preferences of users is specifically addressed because the user interaction is adapted in terms of language and with regard to an individual's specific needs. The claimed attendance recording terminal is able to display a message in communicative connection with the mobile access medium of the user. Moreover, there is an interactive component that involves more than an abstract idea, law of nature, or phenomenon. A voice signal may be output such that each user interacting with the terminal can have an interaction adapted to their preferences or needs. This relates to patentable subject matter due in part to the user-friendly individualized interactions with the terminal, combining the mobile access, control unit, and user interaction based on individual preferences and intentions.
Applicant respectfully points out that claims 1 and 8 have been amended to refer to more than instructions and involve user interaction and feedback. Moreover, these claimed configurations provide a practical application that warrant consideration as patentable subject matter.
Thus, amended claims 1 and 8 and their corresponding dependent claims 2-7 and 9-15 are directed to patentable statutory subject matter…” [Arguments, pages 7-9].
In response, Applicants arguments are considered but are not persuasive. Examiner respectfully disagrees and maintains that the present invention recites a judicial exception without significantly more. In particular, and with regards to the argument that the claimed configurations provide a practical application that warrant consideration as patentable subject matter, Examiner disagrees and observes that the claimed additional elements, when considered in the context of the claims as a whole, are not sufficient to demonstrate a practical application of the present invention.
Specifically, claims 1 and 8 only recite the following additional elements –
… An attendance recording terminal (10)… - a control unit (11), - a memory management unit (20), wherein the memory management unit (20) comprises… and - an identification engine (111), wherein the identification engine (111)… wherein the control unit (11)… the attendance recording terminal (10), and wherein the control unit (11)… the attendance recording terminal (10)… an intent engine (112)… the attendance recording terminal (10), wherein the intent engine (112)… with the attendance recording terminal (10)… wherein the intent engine (112)… the intent engine…; …a feedback engine… the attendance recording terminal… the attendance recording terminal… the attendance recording terminal… (Claim 1),
…an attendance recording terminal (10)… an identification engine 111… the attendance recording terminal (10)… an interface of the attendance recording terminal (10)…; the attendance recording terminal… the attendance recording terminal…a feedback engine… (Claim 8).
The units, terminal, engines 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.
35 USC § 103 Rejections
First, Applicant argues that “…Applicant's claimed attendance recording terminal and computer-implemented method for operating an attendance recording terminal for recording attendance information of a person on the basis of an action of the person provides for user specific needs to be accommodated as well as offering the type of interaction that the user prefers. This is not possible with the proposed combination of Von Troll and Krishnan.
Amended claims 1 and 8 include limitations from claim 7. At page 27 of the Action, the Examiner essentially concedes that Von Troll does not teach or disclose the claim 7 limitations. Instead, the Examiner relies on Krishnan for allegedly remedying these limitations in stating that it would have been obvious for one of ordinary skill in the art to modify Von Troll with the feedback elements and the interaction type determination elements of Krishnan. Applicant respectfully disagrees.
The essence of Von Troll is to combat day day-to-day fraudulent representation of identity, presence, and productivity of employees on worksites at construction and development companies. In fact, the background of Von Troll criticizes the reliance on collecting components such as biometric data from employees because it results in signficant overhead (paragraph [0004]). As such, Von Troll teaches away from the individualized user preferences that Applicant's claimed invention requires. As such, one of ordinary skill in the art would certainly not be motivated to modify Von Troll as suggested by the Action. MPEP 2144…
In fact, Von Troll's disclosure is not based on any type of user interaction, preference from the user, or feedback to the user. Instead, Von Troll is aimed at avoiding deceitful employment practices with employees delegating tasks (such as clocking in for each other), by relying on a server communicatively coupled to a computing device associated with an employee, a geofence configured to be allocated to a worksite associated with the first employee. There is nothing in the entire Von Troll document regarding a user's preferences or intentions. Instead, the method includes receiving, via the server, a plurality of employee specific data associated with the employee and verifying, via the server, an identity of the first employee based on the plurality of employee specific data…” [Arguments, pages 9-11].
In response, Applicants arguments are considered but are not persuasive. First, with respect to the assertion that Krishnan does not disclose the elements of claim 7 which have been amended into claim 1, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Further, and with respect to the assertion that Von Troll teaches away from the individualized user preferences that Applicant's claimed invention requires because Von Troll criticizes the reliance on collecting components such as biometric data from employees because it results in significant overhead, Examiner respectfully disagrees. Regarding teaching away, Examiner notes “the prior art's mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed….” In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004). (see MPEP § 2145) Applicant fails to support Applicant' s assertion by demonstrating any aspect of the references that “teach away” from the claims. Applicant' s has made an unsupported assertion of “teaching way” that is not persuasive.
Further still, and with regard to the assertion that “there is nothing in the entire Von Troll document regarding a user's preferences or intentions”, Examiner respectfully observes that the present claims recite nothing with regard to user preferences. Further still, and with respect to a determination of intent, Examiner directs the Applicant to (Von Troll, ¶ 41, Referring now to FIG. 7, a method for managing and monitoring identity, location, and productivity 700 is depicted, according to an exemplary embodiment. It is to be understood that the following steps are not limited to application at a worksite and may be applied to any applicable setting associated with determining productivity of an individual. At step 702, the employee enters worksite 116, wherein in a preferred embodiment, computing device 108 is in possession of first employee 110 and is automatically detected by kiosk 204 and/or server 102. At step 704, first employee 110 attempts to clock-in/check-in/punch-in at worksite 116. It is to be understood that this step may be accomplished by first employee 110 by utilizing kiosk 204, the employee side of the centralized platform operating on computing device 108, or in some embodiments, a manual check-in/clock-in/punch-in process known to those of ordinary skill in the art. An example of the manual check-in/clock-in/punch-in process is first employee 110 utilizing an employee specific pin code and/or employee ID configured to be inputted into at least one of kiosk 204 or computing device 108, wherein when the employee is flagged a plurality of images of the employee utilized to check-in are associated with the employee ID and stored in the employee identification record. In one embodiment, check-in/clock-in/punch-in is enabled by server 102 based on computing device 108 indicating to server 102 that first employee 110 is within geofence 202. In one embodiment, detection of computing device 108 may be based upon geographic/location data acquired by computing device 108 in addition to, but not limited to, ES data, RF signals, wireless links, or any other applicable wireless links configured to be emitted from a computing device. It is to be understood that in some embodiments, clocking in/out may be performed simply by computing device 108 being detected within geofence 202 wherein currently acquired ES data is compared to previously acquired ES data stored in the employee identification record associated with first employee 110 in order to determine that computing device 108 is within geofence 202 and that computing device 108 is not in possession of an individual other than first employee 110 (discloses determining an intent to clock in and recording attendance in response to a person moving a mobile access device to input a signal). For example, if computing device 108 is in possession of second employee 114 attempting to clock-in on behalf of first employee 110, then computing device 108, in the wearable device embodiment, collects current ES data and compares the current ES data to previously acquired ES data stored in the employee identification record in order for server 102 to determine the stark distinction between the sets of ES data, flag the employee upon the detection, and alert the admin. In some embodiments, the aforementioned scanning process is performed on scanning device 502 allowing an indicator to be generated by computing device 108 illustrating to server 102 that computing device 108 is operational and present on worksite 116. At step 708, as the one or more identifiable features are acquired during the scanning, server 102 determines if the one or more identifiable features exceed the identification similarity threshold, wherein if the identification similarity threshold is not exceeded then step 710 occurs in which ES data is acquired from computing device 108, first employee 110 is flagged, and the employee is successfully checked-in/out of worksite 116.).
Here, Von Troll discloses determining an intent to clock in via proximity of a user’s mobile device to a worksite, and recording attendance in accordance with the claimed limitations of the present invention. As such, Examiner remains unpersuaded.
Second, Applicant argues that “…given these distinctions, one of ordinary skill in the art would not be motivated to modify Von Troll to include any type of intent engine such that the user/employee moves the mobile access medium to input the signal to the intent engine, wherein the signal represents the user's intent, and the attendance information of the person is recorded; and a feedback engine configured such that when the interaction of the person with the attendance recording terminal takes place or is requested, a feedback signal is output as a signal through the mobile access medium or the attendance recording terminal about the interaction with the attendance recording terminal that has been carried out or requested. Applicant respectfully asserts that Applicant's claimed configuration is neither taught nor disclosed by the proposed combination of Von Troll and Krishnan. MPEP 2144.
Krishnan does not remedy these deficiencies, nor is it relied upon as such. As with Von Troll, there is no disclosure anywhere in the Krishnan document about any type of user's intentions or preferences being communicated that then translate into feedback to the user. Similar to Von Troll in terms of authentication of employee data and registering work time, the Krishnan method is directed towards determining whether the time entry device is at an authorized location and then conducting the time entry operation for a user for authentication purposes. Moreover, not only would one of ordinary skill in the art not modify Von Troll with Krishnan to result in Applicant's claimed invention, but doing so would not result in all of Applicant's above-cited claim limitations. MPEP 2143.
Given these distinctions, Applicant respectfully asserts that the proposed combination of Von Troll and Krishnan is not obvious and would not result in Applicant's above-cited claim 1 and claim 8 features…” [Arguments, pages 11-12].
In response, Applicants arguments are considered but are not persuasive. Examiner respectfully disagrees for the same reasons as stated in the above argument. In particular, Examiner observes that Von Troll discloses determining an intent to clock in via proximity of a user’s mobile device to a worksite, and recording attendance in accordance with the claimed limitations of the present invention. As such, Examiner remains unpersuaded.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
…a control unit (11)… a memory management unit (20)… an identification engine (111)… an intent engine (112) …a feedback engine… (Claim 1),
…at least one sensor unit (12)… (Claims 2 and 9).
…a feedback engine… (Claim 8).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-15 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 1-15 are directed to statutory categories, namely a machine (claims 1-7), and a process (claims 8-15).
Step 2A, Prong 1: Claims 1 and 8 in part, recite the following abstract idea:
…recording attendance information of a person (40) on the basis of an action of the person (40), comprising: …at least one master record of personal data, … is configured for identifying the person (40) and for outputting identification information, ...is configured for interacting with the memory management unit (20) in such manner that it checks in the master record, depending on the identification information, as to what type of interaction the identified person (40) wants with …is configured in such manner that a user- specific type of interaction is provided for the identified person (40) on… and preferably also on a mobile access medium of the person (40), wherein …is further configured for recording an intent of the interaction of the person (40) with …is configured in such manner that, in order to record the intent of the interaction of the person (40)…, a signal input by the person (40) is used, …is further configured in such manner that the person moves the mobile access medium to input the signal to … wherein the signal represent the intent of the interaction, and the attendance information of the person is recorded; and… configured such that when the interaction of the person with… takes place or is requested, a feedback signal is output as a signal through the mobile access medium or… about the interaction with … that has been carried out or requested (Claim 1),
A computer-implemented method for operating… for recording attendance information of a person (40) on the basis of an action of the person (40), comprising the steps: - identifying the person 40 through…, - checking a master record of personal data as to what type of interaction the identified person (40) wants with the attendance recording terminal (10), - providing at least one user-specific type of interaction for the identified person (40), wherein the following is provided as a user-specific type of interaction with…: performing a predefined movement with a mobile access medium of the person (40), which represents the intent of the interaction, wherein the movement in particular comprises placing the mobile access medium of the person (40), preferably in the form of a badge, twice or once again on … and the attendance information of the person is recorded, and- outputting a feedback signal through the mobile access medium or … wherein the feedback signal is about the interaction for the identified person with … that has been carried out or requested and the feedback signal is output from … configured to output the feedback signal (Claim 8).
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 determining the time and attendance of a persons is considered to set forth steps for managing personal behavior. As such, claims 1 and 8 recite concepts identified as abstract ideas.
The dependent claims recite limitations relative to the independent claims, including, for example:
…monitoring a surrounding zone (30) and, in particular for outputting presence information of the person (40) detected from the monitoring of the surrounding zone (30). [Claim 2],
…wherein a display is also provided on the attendance recording terminal (10) and/or the attendance recording terminal (10) is configured to be in communicative connection with a mobile access medium of the person (40) comprising a display, and wherein the type of interaction includes at least the following aspect: - providing a user-specific user interface on the display of the attendance recording terminal (10) and/or of the mobile access medium of the person (40) [Claim 3],
…wherein the user-specific user interface is provided in a user-specific font size and/or in a user-specific language [Claim 4],
… wherein a/the display is provided on the attendance recording terminal (10) and/or the attendance recording terminal (10) is configured to be in communicative connection with a/the mobile access medium of the person (40) comprising a/the display, and wherein the type of interaction includes at least the following aspect: - outputting a voice signal at the attendance recording terminal (10) and/or on the mobile access medium of the person (40), wherein, in particular, the voice signal is provided in a user-specific language and/or at a user-specific volume [Claim 5],
…wherein an intent engine (112) is also configured for recording an intent of the interaction of the person (40) with the attendance recording terminal (10), wherein the intent engine (112) is configured in such manner that, in order to record the intent of the interaction of the person (40) with the attendance recording terminal (10), a signal input by the person (40) is used, wherein, in particular, the intent engine (112) is further configured in such manner that the signal input takes place as follows: - the intent engine (112) receives a signal which is input by the person (40) on a/the mobile access medium of the person (40), in particular on a mobile device, and which represents the intent of the interaction; and/or - the intent engine (112) receives a voice input from the person (40) representing the intent of the interaction or recognizes a gesture input from the person (40) representing the intent of the interaction, and/or - the intent engine (112) processes a signal which is input by the person (40) at the attendance recording terminal (10) and/or on a/the mobile access medium of the person (40), preferably on a display, and which represents the intent of the interaction. [Claim 6],
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 and 8 only recite the following additional elements –
… An attendance recording terminal (10)… - a control unit (11), - a memory management unit (20), wherein the memory management unit (20) comprises… and - an identification engine (111), wherein the identification engine (111)… wherein the control unit (11)… the attendance recording terminal (10), and wherein the control unit (11)… the attendance recording terminal (10)… an intent engine (112)… the attendance recording terminal (10), wherein the intent engine (112)… with the attendance recording terminal (10)… wherein the intent engine (112)… the intent engine…; …a feedback engine… the attendance recording terminal… the attendance recording terminal… the attendance recording terminal… (Claim 1),
…an attendance recording terminal (10)… an identification engine 111… the attendance recording terminal (10)… an interface of the attendance recording terminal (10)…; the attendance recording terminal… the attendance recording terminal…a feedback engine… (Claim 8).
The dependent claims recite the following new additional elements -
…at least one sensor unit (12) is provided, wherein the sensor unit (12)… (Claim 2),
…at least one sensor unit (12)… (Claim 9).
The units and engines 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 and 8 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:
Independent claims 1 and 8 only recite the following additional elements –
… An attendance recording terminal (10)… - a control unit (11), - a memory management unit (20), wherein the memory management unit (20) comprises… and - an identification engine (111), wherein the identification engine (111)… wherein the control unit (11)… the attendance recording terminal (10), and wherein the control unit (11)… the attendance recording terminal (10)… an intent engine (112)… the attendance recording terminal (10), wherein the intent engine (112)… with the attendance recording terminal (10)… wherein the intent engine (112)… the intent engine…; …a feedback engine… the attendance recording terminal… the attendance recording terminal… the attendance recording terminal… (Claim 1),
…an attendance recording terminal (10)… an identification engine 111… the attendance recording terminal (10)… an interface of the attendance recording terminal (10)…; the attendance recording terminal… the attendance recording terminal…a feedback engine… (Claim 8).
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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Von Troll et al., U.S. Publication No. 2021/0192419 [hereinafter Von Troll] in view of Krishnan et al., U.S. Patent No. 9,111,402 [hereinafter Krishnan].
Regarding Claim 1, Von Troll discloses …An attendance recording terminal for recording attendance information of a person (40) on the basis of an action of the person (40), the attendance recording terminal comprising: - a control unit (11), - a memory management unit (20), wherein the memory management unit (20) comprises at least one master record of personal data, and - an identification engine (111), wherein the identification engine (111) is configured for identifying the person (40) and for outputting identification information… wherein an intent engine (112) is further configured for recording an intent of the interaction of the person (40) with the attendance recording terminal (10), wherein the intent engine (112) is configured such that, in order to record the intent of the interaction of the person (40) with the attendance recording terminal (10), a signal input by the person (40) is used, wherein the intent engine (112) is further configured such that the person moves the mobile access medium to input the signal to the intent engine, wherein the signal represent the intent of the interaction, and the attendance information of the person is recorded (Von Troll, ¶ 31, Referring now to FIG. 2, an illustration of worksite 116 is depicted, according to an exemplary embodiment. In one embodiment, worksite 116 includes a geofence 202 encompassing a plurality of construction equipment in addition to a kiosk 204 configured to be communicatively coupled to server 102 wherein kiosk 204 (discloses attendance recording terminal) is configured to serve as a mechanism for allowing computing devices 108 and 112 to clock in and out of worksite 116. It is to be understood that worksite 116 as depicted in FIG. 2 illustrates both first employee 110 and second employee 114 being located within geofence 202 wherein first employee 110 is in possession of computing device 108 while performing a first task and second employee 114 is in possession of computing device 112 while performing a second task distinct from the first task, and data is being continuously collected by computing devices 108 and 112 and maintained in offline employment activity reservoir or transmitted directly to server 102 if connectivity is applicable. In one embodiment, server 102 continuously processing ES data received from computing devices 108 and 112, server 102 is configured to determine productivity of the employee while present on worksite 116, wherein productivity may be depicted via presence of motion or lack thereof, completion of projects (or sub-components) on worksite 116, overall amount of time present on worksite 116, or any other applicable metric configured to illustrate productivity or lack thereof. For example, the ES data may include motion data acquired from first employee 110 indicating that first employee 110 is operating at an inefficient rate based on the amount of time spent on worksite 116 compared to the level of completion of the first task. In one embodiment, the ES data may be utilized to ensure that the first task is not being performed by an employee distinct from first employee. For example, server 102 is configured to determine whether computing device 108 is performing the second task based on ES data which indicates via range of motion, angular velocity, and frequency of movement that computing device 108 is affixed to an employee digging a ditch with a shovel opposed to layering concrete for a wall. In one embodiment, server 102 collects ES data including the heartrate, body temperature, and wearable haptic data (pressure, friction, temperature, etc.-based sensations mediated by nerves in the skin) of employees 110 and 114 from computing devices 108 and 112 to ensure that first employee 110 is not in possession of computing device 112 and second employee 114 is not in possession of computing device 108 based on distinguishable inconsistencies revealed via comparison of currently acquired ES data to previously acquired ES data. For example, server 102 is configured to detect that computing devices 108 and 112 are in possession of the same individual based on similarity of readings relating to the aforementioned acquired data in addition to the proximity of computing devices 108 and 112 for a predetermined period of time; thus, indicating that at least one of employees 110 and 114 are attempting to misrepresent their location (discloses signal triggered by movement of a mobile access medium) and/or their productivity on worksite 116), (Id., ¶ 43, With reference to FIG. 8, a system consistent with an embodiment of the invention may include a plurality of computing devices, such as computing device 800. In a basic configuration, computing device 800 may include at least one processing unit 802 (discloses control unit) and a system memory 804 (discloses memory management unit). Depending on the configuration and type of computing device, system memory 804 may comprise, but is not limited to, volatile (e.g. random access memory (RANI)), non-volatile (e.g. read-only memory (ROM)), flash memory, or any combination or memory. System memory 804 may include operating system 805, and one or more programming modules 806. Operating system 805, for example, may be suitable for controlling computing device 800's operation. In one embodiment, programming modules 806 may include, for example, a program module 807 for executing the actions of server 102 and devices 108 and 112, for example. Furthermore, embodiments of the invention may be practiced in conjunction with a graphics library, other operating systems, or any other application program and is not limited to any particular application or system. This basic configuration is illustrated in FIG. 8 by those components within a dashed line 820), (Id., ¶ 34, Referring now to FIG. 4, a kiosk module 400 associated with kiosk 204 is depicted, according to an exemplary embodiment. In one embodiment, kiosk module 400 is communicatively coupled to server 102 and includes a verification module 402 (discloses identification engine) wherein verification module 402 is configured to be a module of system 100 that utilizes software and/or hardware components to identify and verify the identity of an employee on worksite 116. In one embodiment, verification module 402 includes sensor module 404, a liveness module 406, a disposition module 408, an identification (ID) similarity module 410, a machine learning module 412, and an ID feature database 414. It is to be understood that in some embodiments computing devices 108 and 112 are configured to support and/or assume the responsibilities of verification module 402 allowing computing devices 108 and 112 to verify the identity of the employee without interacting with kiosk 204. In one embodiment, sensor module 404 is designed to include one or more sensors, cameras, and/or imaging devices configured to scan the profile, contours, and other applicable components of the face of an employee. In one embodiment, sensor module 404 is configured to scan one or more biometric sources of an employee including but not limited to fingerprint, iris scan, retina scan, voice identification, or any other applicable physical or behavioral human characteristics that can be used to digitally identify an employee to grant access to worksite 116. It is to be understood that ES data may be acquired by kiosk 204 based off of one or more identifiable features associated with the employee detected by sensor module 404. In one embodiment, one or more initial sets of identifiable features (hereinafter referred to as topical identification content) are stored in ID feature database 414 (discloses master record of personal data) in a profile record specific to the applicable employee. For example, upon the employee interacting with kiosk 204 or in some embodiments an applicable sensor of an applicable computing device, sensor module 404 actively scans the face of the employee resulting in storing of the one or more identifiable features along with any applicable ES data into the profile record, wherein one or more identifiable features may include but is not limited to shape/size/dimension/positioning of facial features, color of eyes, facial disposition, and any other applicable identifiable profile features. Based on the scanning performed by sensor module 404, server 102 is configured to access ID feature database 414 and perform one or more face detection algorithms wherein the face detection algorithms include but are not limited to feature-based, appearance-based, knowledge-based, template matching, or any other applicable type of face detection algorithm. In one embodiment, liveness module 406 is configured to determine that verification module 402 is interfacing with a physically present subject instead of an inanimate spoof artifact such as a pre-existing image of the employee, wherein liveness module 406 module is configured to generate, timestamp, and delete liveness data within a short timeframe allowing the one or more identifiable features to be stored and the liveness data to be collected at every interaction with verification module 402. It is to be understand that liveness module 406 operates based on established profile records in ID feature database 414 wherein each profile record includes a base reference of the one or more identifiable features of the employee for liveness module 406 to compare the currently acquired one or more identifiable features to the topical identification content. The purpose of liveness module 406 is to ensure that employees 110 and 114 utilize selfie images and/or biometrics acquired at kiosk 204 or at the applicable computing device in order to clock in/out of worksite 116 and prevent employees from spoofing system 100 with inanimate images of an employee. Liveness module 406 transmits data associated with the one or more identifiable features to server 102 allowing server 102, alone or in combination with computing devices 108 and 112, to verify the employee is a live subject based on at least the one or more identifiable features and/or the topical identification content), (Id., ¶ 37, In one embodiment, server 102 may utilize machine learning module 412 to apply one or more machine learning algorithms to data collected by system 100 in order to generate predictions based on the collected data. Machine learning module 412 (discloses intent engine) utilizes a machine learning model or a rule-based model in order generate predictions associated with identity, verification, and habits of an employee performing tasks on worksite 116. For example, if the model is a machine-learned model, then one or more machine learning techniques are used to “learn” weights of different features, which weights are then utilized by server 102 to generate one or more predictions associated with identity and/or task performance efficiency by employees on worksite 116 based on data collected from computing devices 108 and 112, kiosk 204, verification module 402, or any combination thereof. The features, also known as feature values, associated with the weights include but are not limited to ES data, one or more identifiable features, geographic/GPS data, productivity data, or any other applicable data configured to be collected by computing devices 108 and 112, kiosk 204, verification module 402, or any combination thereof), (Id., ¶ 41, Referring now to FIG. 7, a method for managing and monitoring identity, location, and productivity 700 is depicted, according to an exemplary embodiment. It is to be understood that the following steps are not limited to application at a worksite and may be applied to any applicable setting associated with determining productivity of an individual. At step 702, the employee enters worksite 116, wherein in a preferred embodiment, computing device 108 is in possession of first employee 110 and is automatically detected by kiosk 204 and/or server 102. At step 704, first employee 110 attempts to clock-in/check-in/punch-in at worksite 116. It is to be understood that this step may be accomplished by first employee 110 by utilizing kiosk 204, the employee side of the centralized platform operating on computing device 108, or in some embodiments, a manual check-in/clock-in/punch-in process known to those of ordinary skill in the art. An example of the manual check-in/clock-in/punch-in process is first employee 110 utilizing an employee specific pin code and/or employee ID configured to be inputted into at least one of kiosk 204 or computing device 108, wherein when the employee is flagged a plurality of images of the employee utilized to check-in are associated with the employee ID and stored in the employee identification record. In one embodiment, check-in/clock-in/punch-in is enabled by server 102 based on computing device 108 indicating to server 102 that first employee 110 is within geofence 202. In one embodiment, detection of computing device 108 may be based upon geographic/location data acquired by computing device 108 in addition to, but not limited to, ES data, RF signals, wireless links, or any other applicable wireless links configured to be emitted from a computing device. It is to be understood that in some embodiments, clocking in/out may be performed simply by computing device 108 being detected within geofence 202 wherein currently acquired ES data is compared to previously acquired ES data stored in the employee identification record associated with first employee 110 in order to determine that computing device 108 is within geofence 202 and that computing device 108 is not in possession of an individual other than first employee 110 (discloses determining an intent to clock in and recording attendance in response to a person moving a mobile access device to input a signal). For example, if computing device 108 is in possession of second employee 114 attempting to clock-in on behalf of first employee 110, then computing device 108, in the wearable device embodiment, collects current ES data and compares the current ES data to previously acquired ES data stored in the employee identification record in order for server 102 to determine the stark distinction between the sets of ES data, flag the employee upon the detection, and alert the admin. In some embodiments, the aforementioned scanning process is performed on scanning device 502 allowing an indicator to be generated by computing device 108 illustrating to server 102 that computing device 108 is operational and present on worksite 116. At step 708, as the one or more identifiable features are acquired during the scanning, server 102 determines if the one or more identifiable features exceed the identification similarity threshold, wherein if the identification similarity threshold is not exceeded then step 710 occurs in which ES data is acquired from computing device 108, first employee 110 is flagged, and the employee is successfully checked-in/out of worksite 116.), (Id., ¶ 8, The method also includes receiving, via the server, a plurality of employee specific (ES) data associated with the first employee. The method also includes verifying, via the server, an identity of the first employee based on the plurality of ES data. The method also includes determining, via the server, whether the first computing device is within a predetermined proximity to a second computing device associated with a second employee within the geofence. The method also includes analyzing, via the server, whether the first computing device is in possession of the first employee based on a plurality of productivity data derived from the first computing device. Other embodiments of this aspect include corresponding computer systems, apparatus, and computer programs recorded on one or more computer storage devices, each configured to perform the actions of the methods);
PNG
media_image1.png
490
648
media_image1.png
Greyscale
While suggested in at least Fig. 2 and related text, Von Troll does not explicitly disclose …wherein the control unit (11) is configured for interacting with the memory management unit (20) such that the control unit checks in the master record, depending on the identification information, as to what type of interaction the identified person (40) wants with the attendance recording terminal (10), and wherein the control unit (11) is configured such that a user-specific type of interaction is provided for the identified person (40) on the attendance recording terminal (10)…; and a feedback engine configured such that when the interaction of the person with the attendance recording terminal takes place or is requested, a feedback signal is output as a signal through the mobile access medium or the attendance recording terminal about the interaction with the attendance recording terminal that has been carried out or requested.
However, Krishnan discloses …wherein the control unit (11) is configured for interacting with the memory management unit (20) such that the control unit checks in the master record, depending on the identification information, as to what type of interaction the identified person (40) wants with the attendance recording terminal (10), and wherein the control unit (11) is configured such that a user-specific type of interaction is provided for the identified person (40) on the attendance recording terminal (10)… (Krishnan, column 5, lines 15-28, FIG. 5 illustrates a Cloud Clock time and attendance graphical user interface (GUI) 500. The GUI 500 can be presented, for example, in a Time & Attendance self-service kiosk or web-based application (discloses interface interaction types), as described above. The GUI 500 includes an option 502 for viewing options directed to administration of employee schedules, an option 504 for viewing employee schedules, an option 506 for viewing employee timesheet records, an option 508 for viewing employee time off requests, an option 510 for viewing expenses incurred with respect to employee time off requests, an option 512 for viewing approvals for employee time off requests, an option 514 for viewing reports of employee time records, and an option 516 for integration), (Id., column 6, lines 5-14, FIG. 7 illustrates a Cloud Clock employee time and attendance management interface 700. (discloses employee interaction type) The interface 700 includes a name display field 702, a logout option 703, a time display 704, a status display 706, a video display 708, an employee photo display 710, and self-service options 712, 714, 716, 718, 720. The employee time and attendance management interface 700 is displayed once an employee has logged in, as described in reference to FIG. 6), (Id., column 7, lines 6-18, The timecard dashboard interface 1100 can also display one or more administrator options. (discloses administrator interaction type) In some implementations, administrator options can include a check-in option, a check-out option, or a view history option. The check-in option can be displayed when an employee that is scheduled for work on a given day has not punched in for the day. The check-out option can be displayed when an employee has not punched out for the day. The view history option can be displayed when an employee that is scheduled for work on a given day has not punched in or punched out for the day. For example, for employee 1116, the timecard dashboard interface 1100 displays a check-out option 1128 ("Check-out") and a view history option 1130 ("History")), (Id., column 8, lines 46-60, FIG. 14 is a block diagram of an exemplary architecture for a Cloud Clock Device capable of running a network-enabled time and attendance management application. Architecture 1400 can be implemented in any device for generating the features described in reference to FIGS. 1-11, including but not limited to portable or desktop computers, smart phones and electronic tablets, television systems, game consoles, kiosks and the like. Architecture 1400 can include memory interface 1402, data processor(s), image processor(s) or central processing unit(s) 1404, and peripherals interface 1406. Memory interface 1402, processor(s) 1404 or peripherals interface 1406 can be separate components or can be integrated in one or more integrated circuits. The various components can be coupled by one or more communication buses or signal lines), (Id., column 11, lines 29-33, Architecture 1500 can serve Web pages for time and attendance management application 1518, as described in reference to FIGS. 1-11. Storage device 1508 can store time and attendance data (e.g., time entries) for a number of customers and other relevant data (discloses master record of personal data));
and a feedback engine configured such that when the interaction of the person with the attendance recording terminal takes place or is requested, a feedback signal is output as a signal through the mobile access medium or the attendance recording terminal about the interaction with the attendance recording terminal that has been carried out or requested (Krishnan, column 5, lines 15-28, FIG. 5 illustrates a Cloud Clock time and attendance graphical user interface (GUI) 500. The GUI 500 can be presented, for example, in a Time & Attendance self-service kiosk or web-based application (discloses feedback engine), as described above. The GUI 500 includes an option 502 for viewing options directed to administration of employee schedules, an option 504 for viewing employee schedules, an option 506 for viewing employee timesheet records, an option 508 for viewing employee time off requests, an option 510 for viewing expenses incurred with respect to employee time off requests, an option 512 for viewing approvals for employee time off requests (discloses graphical feedback signal in response to user interaction), an option 514 for viewing reports of employee time records, and an option 516 for integration).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to have modified the time and attendance elements of Von Troll to include the interaction type determination elements of Krishnan in the analogous art of Capturing Employee Time For Time And Attendance Management.
The motivation for doing so would have been to provide an improved “technique for capturing employee time and attendance includes using a multi-touch tablet device as a time clock (hereinafter "Cloud Clock")” (Krishnan, column 1, lines 40-43), wherein such improvements would have benefitted Von Troll’s method which seeks to provide improved “systems and methods for managing and monitoring productivity on subjects within one or more worksites that overcomes the hereinafore-mentioned disadvantages of the heretofore-known devices and methods of this general type and that effectively facilitates the collection, verification, and analyses of data associated with said subjects; in particular, in workplace environments that include various individuals with various tasks required for a widespread setting.” [Krishnan, column 1, lines 40-43; Von Troll, ¶ 7].
Regarding Claim 2, the combination of Von Troll and Krishnan discloses ...The attendance recording terminal (10) according to claim 1…
Von Troll further discloses …wherein at least one sensor unit (12) is provided, wherein the sensor unit (12) is configured for monitoring a surrounding zone (30) and, in particular for outputting presence information of the person (40) detected from the monitoring of the surrounding zone (30) (Von Troll, ¶ 34, In one embodiment, sensor module 404 is designed to include one or more sensors, cameras, and/or imaging devices configured to scan the profile, contours, and other applicable components of the face of an employee. In one embodiment, sensor module 404 is configured to scan one or more biometric sources of an employee including but not limited to fingerprint, iris scan, retina scan, voice identification, or any other applicable physical or behavioral human characteristics that can be used to digitally identify an employee to grant access to worksite 116. It is to be understood that ES data may be acquired by kiosk 204 based off of one or more identifiable features associated with the employee detected by sensor module 404. In one embodiment, one or more initial sets of identifiable features (hereinafter referred to as topical identification content) are stored in ID feature database 414 in a profile record specific to the applicable employee. For example, upon the employee interacting with kiosk 204 or in some embodiments an applicable sensor of an applicable computing device, sensor module 404 actively scans the face of the employee resulting in storing of the one or more identifiable features along with any applicable ES data into the profile record, wherein one or more identifiable features may include but is not limited to shape/size/dimension/positioning of facial features, color of eyes, facial disposition, and any other applicable identifiable profile features. Based on the scanning performed by sensor module 404, server 102 is configured to access ID feature database 414 and perform one or more face detection algorithms wherein the face detection algorithms include but are not limited to feature-based, appearance-based, knowledge-based, template matching, or any other applicable type of face detection algorithm), (Id., ¶ 39, Referring now to FIG. 5, sensor module 404 is depicted, according to an exemplary embodiment. It is to be understood that sensor module 404 may be a component of verification module 402 integrated into kiosk 204, and in some embodiments, sensor module 404 is an independent module configured to be communicatively coupled to at least one of server 102 and computing devices 108 and 112. In one embodiment, sensor module 404 includes a scanning device 502 configured to acquire two-dimensional or three-dimensional topographical data of the body; however, in some embodiments scanning and verification of an employee may be accomplished by biometrics (speech recognition, iris recognition, fingerprint, etc.), measurements of the body (internal temperature, heartbeat, blood circulation, etc.), or any other identity verifying data known to those of ordinary skill in the art. Scanning device 502 may include but is not limited to an optical scanning unit, an image forming device, or any other applicable software, hardware, or combination thereof known to those of ordinary skill in the art configured to perform comprehensive screening and analysis of a subject. It is to be understood that the employee may have the scanning of the body performed at kiosk 204 or computing device 108 and 112 in order to establish that the employee is present and verification of identity is confirmed at worksite 116 in real time wherein recorded data relating to the scanning and verification of the employee is stored in offline employment activity reservoir in embodiments where kiosk 204 or computing device 108 and 112 are not communicatively coupled to server 102 over network 106).
PNG
media_image2.png
332
362
media_image2.png
Greyscale
Regarding Claim 3, the combination of Von Troll and Krishnan discloses ...The attendance recording terminal (10) according to claim 1…
Von Troll further discloses …wherein a display is also provided on the attendance recording terminal (10) and/or the attendance recording terminal (10) is configured to be in communicative connection with a mobile access medium of the person (40) comprising a display, and wherein the type of interaction includes at least the following aspect: - providing a user-specific user interface on the display of the attendance recording terminal (10) and/or of the mobile access medium of the person (40) (Von Troll, ¶ 40, Referring now to FIG. 6, a wearable device 600 (discloses mobile access medium) is depicted, according to an exemplary embodiment. It is to be understood that in some embodiments computing devices 108 and 112 are wearable device 600 wherein wearable device 600 may be a watch, wristband, anklet, necklace, or any other wearable device article configured to be affixed to an individual. In one embodiment, wearable device 600 may include one or more stretchable supercapacitors configured to store energy through charge separation. In one embodiment, wearable device 600 includes one or more energy saving components such as but not limited to Wi-Fi/Network-based radio, wake-up radio, dead reckoning chip, low-dropout regulators (LDOs), low-power microcontrollers, any other applicable energy saving practices known to those of ordinary skill in the art configured to allow the power source of wearable device 600 to connect directly to radio modules and other peripherals opposed to drawing energy directly from the battery voltage. It is to be understood that wearable device 600 is designed and configured to include a programmable fast-charge current capability configured to be controlled by server 102 along with motion sensors, IMU sensors, biological activity sensors, GPS tracking sensors, and any other applicable sensors configured to be integrated into wearable devices. In one embodiment, wearable device 600 may further include a low-power draining user interface (discloses user interface) configured to allow the employee to have access to applicable data associated with system 100 in addition to the employee side of the centralized platform without draining significant power supply. It is to be understood that wearable device 600 is configured to be communicatively coupled to server 102, wherein wearable device 600 includes at least a processor configured to incrementally transmit collected data to server 102 when communicatively coupled, and offline employment activity reservoir when not communicatively coupled).
Regarding Claim 4, the combination of Von Troll and Krishnan discloses ...The attendance recording terminal (10) according to claim 3…
While suggested in at least Fig. 2 and related text, Von Troll does not explicitly disclose …wherein the user-specific user interface is provided in a user-specific font size and/or in a user- specific language.
However, Krishnan discloses ……wherein the user-specific user interface is provided in a user-specific font size and/or in a user- specific language (Krishnan, column 6, lines 5-17, FIG. 7 illustrates a Cloud Clock employee time and attendance management interface 700. The interface 700 includes a name display field 702, a logout option 703, a time display 704, a status display 706, a video display 708, an employee photo display 710, and self-service options 712, 714, 716, 718, 720. The employee time and attendance management interface 700 is displayed once an employee has logged in, as described in reference to FIG. 6), (Id., column 11, lines 44-57, The described features can be implemented advantageously in one or more computer programs that are executable on a programmable system including at least one programmable processor coupled to receive data and instructions from, and to transmit data and instructions to, a data storage system, at least one input device, and at least one output device. A computer program is a set of instructions that can be used, directly or indirectly, in a computer to perform a certain activity or bring about a certain result. A computer program can be written in any form of programming language (e.g., Objective-C, Java), including compiled or interpreted languages, and it can be deployed in any form, including as a stand-alone program or as a module, component, subroutine, or other unit suitable for use in a computing environment).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to have modified the time and attendance elements of Von Troll to include the user-specific language elements of Krishnan in the analogous art of Capturing Employee Time For Time And Attendance Management for the same reasons as stated for claim 1.
Regarding Claim 5, the combination of Von Troll and Krishnan discloses ...The attendance recording terminal (10) according to claim 1…
While suggested in at least Fig. 2 and related text, Von Troll does not explicitly disclose …wherein a/the display is provided on the attendance recording terminal (10) and/or the attendance recording terminal (10) is configured to be in communicative connection with a/the mobile access medium of the person (40) comprising a/the display, and wherein the type of interaction includes at least the following aspect: - outputting a voice signal at the attendance recording terminal (10) and/or on the mobile access medium of the person (40), wherein the voice signal is provided in a user-specific language and/or at a user-specific volume.
However, Krishnan discloses …wherein a/the display is provided on the attendance recording terminal (10) and/or the attendance recording terminal (10) is configured to be in communicative connection with a/the mobile access medium of the person (40) comprising a/the display, and wherein the type of interaction includes at least the following aspect: - outputting a voice signal at the attendance recording terminal (10) and/or on the mobile access medium of the person (40), wherein the voice signal is provided in a user-specific language and/or at a user-specific volume (Krishnan, column 7, line 65 – column 8, line 16, In some implementations, both voice and data communications (discloses voice signal) can be established over wireless network 1312 and access device 1318. For example, device 1302a can place and receive phone calls (e.g., using voice over Internet Protocol (VoIP) protocols), send and receive e-mail messages (e.g., using SMPTP or Post Office Protocol 3 (POP3)), and retrieve electronic documents and/or streams, such as web pages, photographs, and videos, over wireless network 1312, gateway 1316, and WAN 1314 (e.g., using Transmission Control Protocol/Internet Protocol (TCP/IP) or User Datagram Protocol (UDP)). Likewise, in some implementations, device 1302b can place and receive phone calls, send and receive e-mail messages, and retrieve electronic documents over access device 1318 and WAN 1314. In some implementations, device 1302a or 1302b can be physically connected to access device 1318 using one or more cables and access device 1318 can be a personal computer. In this configuration, device 1302a or 1302b can be referred to as a "tethered" device), (Id., column 10, lines 1-7, Other input controller(s) 1444 can be coupled to other input/control devices 748, such as one or more buttons, rocker switches, thumb-wheel, infrared port, USB port, and/or a pointer device such as a stylus. The one or more buttons (not shown) can include an up/down button for volume control of speaker 1428 (discloses user-specific volume) and/or microphone 1430).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to have modified the time and attendance elements of Von Troll to include the user-specific volume elements of Krishnan in the analogous art of Capturing Employee Time For Time And Attendance Management for the same reasons as stated for claim 1.
Regarding Claim 6, the combination of Von Troll and Krishnan discloses ...The attendance recording terminal (10) according to claim 1…
While suggested in at least Fig. 2 and related text, Von Troll does not explicitly disclose …wherein an intent engine (112) is also configured for recording an intent of the interaction of the person (40) with the attendance recording terminal (10), wherein the intent engine (112) is configured such that, in order to record the intent of the interaction of the person (40) with the attendance recording terminal (10), a signal input by the person (40) is used, wherein, in particular, the intent engine (112) is further configured such that the signal input takes place as follows: - the intent engine (112) receives a signal which is input by the person (40) on a/the mobile access medium of the person (40), and which represents the intent of the interaction; and/or - the intent engine (112) receives a voice input from the person (40) representing the intent of the interaction or recognizes a gesture input from the person (40) representing the intent of the interaction, and/or - the intent engine (112) processes a signal which is input by the person (40) at the attendance recording terminal (10) and/or on a/the mobile access medium of the person (40), and which represents the intent of the interaction.
However, Krishnan discloses …wherein an intent engine (112) is also configured for recording an intent of the interaction of the person (40) with the attendance recording terminal (10), wherein the intent engine (112) is configured such that, in order to record the intent of the interaction of the person (40) with the attendance recording terminal (10), a signal input by the person (40) is used, wherein, in particular, the intent engine (112) is further configured such that the signal input takes place as follows: - the intent engine (112) receives a signal which is input by the person (40) on a/the mobile access medium of the person (40), and which represents the intent of the interaction; and/or - the intent engine (112) receives a voice input from the person (40) representing the intent of the interaction or recognizes a gesture input from the person (40) representing the intent of the interaction, and/or - the intent engine (112) processes a signal which is input by the person (40) at the attendance recording terminal (10) and/or on a/the mobile access medium of the person (40), and which represents the intent of the interaction (Krishnan, column 7, lines 48-64, FIG. 13 is a block diagram of an exemplary operating environment for a Cloud Clock device capable of running a network-enabled time and attendance management application. In some implementations, devices 1302a and 1302b can communicate over one or more wired or wireless networks 1310. For example, wireless network 1312 (e.g., a cellular network) can communicate with a wide area network (WAN) 1314 (e.g., the Internet) by use of gateway 1316. Likewise, access device 1318 (e.g., IEEE 802.11g wireless access device) can provide communication access to WAN 1314. Devices 1302a, 1302b can be any device capable of displaying GUIs of the time and attendance management application, including but not limited to portable computers, smart phones and electronic tablets. In some implementations, the devices 1302a, 1302b do not have to be portable but can be a desktop computer, television system, kiosk system or the like), (id., column 9, lines 50-55, Audio subsystem 1426 can be coupled to a speaker 1428 and one or more microphones 1430 to facilitate voice-enabled functions, (discloses voice input intent recognition) such as voice recognition, voice replication, digital recording, and telephony functions).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to have modified the time and attendance elements of Von Troll to include the voice input intent recognition elements of Krishnan in the analogous art of Capturing Employee Time For Time And Attendance Management for the same reasons as stated for claim 1.
Regarding Claim 7, the combination of Von Troll and Krishnan discloses ...The attendance recording terminal (10) according to claim 1…
While suggested in at least Fig. 2 and related text, Von Troll does not explicitly disclose …wherein, the feedback signal is designed in at least one of the following ways: - as an acoustic feedback signal; and/or - as a voice signal; and/or - as a haptic feedback signal; and/or - as a graphic signal.
However, Krishnan discloses …wherein, the feedback signal is designed in at least one of the following ways: - as an acoustic feedback signal; and/or - as a voice signal; and/or - as a haptic feedback signal; and/or - as a graphic signal (Krishnan, column 5, lines 15-28, FIG. 5 illustrates a Cloud Clock time and attendance graphical user interface (GUI) 500. The GUI 500 can be presented, for example, in a Time & Attendance self-service kiosk or web-based application, as described above. The GUI 500 includes an option 502 for viewing options directed to administration of employee schedules, an option 504 for viewing employee schedules, an option 506 for viewing employee timesheet records, an option 508 for viewing employee time off requests, an option 510 for viewing expenses incurred with respect to employee time off requests, an option 512 (discloses feedback engine) for viewing approvals for employee time off requests (discloses graphical feedback signal), an option 514 for viewing reports of employee time records, and an option 516 for integration).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to have modified the time and attendance elements of Von Troll to include the feedback elements of Krishnan in the analogous art of Capturing Employee Time For Time And Attendance Management for the same reasons as stated for claim 1.
Regarding Claim 8, Von Troll discloses… A computer-implemented method for operating an attendance recording terminal (10) for recording attendance information of a person (40) on the basis of an action of the person (40), the method including the following steps: - identifying the person 40 through an identification engine 111, - checking a master record of personal data as to what type of interaction the identified person (40) wants with the attendance recording terminal (10), providing at least one user-specific type of interaction for the identified person (40), wherein the following is provided as a user-specific type of interaction with the attendance recording terminal (10): performing a predefined movement with a mobile access medium of the person (40), which represents the intent of the interaction, wherein the movement comprises placing the mobile access medium of the person (40), twice or once again on an interface of the attendance recording terminal (10) and the attendance information of the person is recorded… (Von Troll, ¶ 31, Referring now to FIG. 2, an illustration of worksite 116 is depicted, according to an exemplary embodiment. In one embodiment, worksite 116 includes a geofence 202 encompassing a plurality of construction equipment in addition to a kiosk 204 configured to be communicatively coupled to server 102 wherein kiosk 204 (discloses attendance recording terminal) is configured to serve as a mechanism for allowing computing devices 108 and 112 to clock in and out of worksite 116. It is to be understood that worksite 116 as depicted in FIG. 2 illustrates both first employee 110 and second employee 114 being located within geofence 202 wherein first employee 110 is in possession of computing device 108 while performing a first task and second employee 114 is in possession of computing device 112 while performing a second task distinct from the first task, and data is being continuously collected by computing devices 108 and 112 and maintained in offline employment activity reservoir or transmitted directly to server 102 if connectivity is applicable…), (Id., ¶ 43, With reference to FIG. 8, a system consistent with an embodiment of the invention may include a plurality of computing devices, such as computing device 800. In a basic configuration, computing device 800 may include at least one processing unit 802 (discloses control unit) and a system memory 804 (discloses memory management unit). Depending on the configuration and type of computing device, system memory 804 may comprise, but is not limited to, volatile (e.g. random access memory (RANI)), non-volatile (e.g. read-only memory (ROM)), flash memory, or any combination or memory. System memory 804 may include operating system 805, and one or more programming modules 806. Operating system 805, for example, may be suitable for controlling computing device 800's operation. In one embodiment, programming modules 806 may include, for example, a program module 807 for executing the actions of server 102 and devices 108 and 112, for example. Furthermore, embodiments of the invention may be practiced in conjunction with a graphics library, other operating systems, or any other application program and is not limited to any particular application or system. This basic configuration is illustrated in FIG. 8 by those components within a dashed line 820), (Id., ¶ 34, Referring now to FIG. 4, a kiosk module 400 associated with kiosk 204 is depicted, according to an exemplary embodiment. In one embodiment, kiosk module 400 is communicatively coupled to server 102 and includes a verification module 402 (discloses identification engine) wherein verification module 402 is configured to be a module of system 100 that utilizes software and/or hardware components to identify and verify the identity of an employee on worksite 116. In one embodiment, verification module 402 includes sensor module 404, a liveness module 406, a disposition module 408, an identification (ID) similarity module 410, a machine learning module 412, and an ID feature database 414. It is to be understood that in some embodiments computing devices 108 and 112 are configured to support and/or assume the responsibilities of verification module 402 allowing computing devices 108 and 112 to verify the identity of the employee without interacting with kiosk 204. In one embodiment, sensor module 404 is designed to include one or more sensors, cameras, and/or imaging devices configured to scan the profile, contours, and other applicable components of the face of an employee. In one embodiment, sensor module 404 is configured to scan one or more biometric sources of an employee including but not limited to fingerprint, iris scan, retina scan, voice identification, or any other applicable physical or behavioral human characteristics that can be used to digitally identify an employee to grant access to worksite 116. It is to be understood that ES data may be acquired by kiosk 204 based off of one or more identifiable features associated with the employee detected by sensor module 404. In one embodiment, one or more initial sets of identifiable features (hereinafter referred to as topical identification content) are stored in ID feature database 414 (discloses master record of personal data) in a profile record specific to the applicable employee. For example, upon the employee interacting with kiosk 204 or in some embodiments an applicable sensor of an applicable computing device, sensor module 404 actively scans the face of the employee resulting in storing of the one or more identifiable features along with any applicable ES data into the profile record, wherein one or more identifiable features may include but is not limited to shape/size/dimension/positioning of facial features, color of eyes, facial disposition, and any other applicable identifiable profile features. Based on the scanning performed by sensor module 404, server 102 is configured to access ID feature database 414 and perform one or more face detection algorithms wherein the face detection algorithms include but are not limited to feature-based, appearance-based, knowledge-based, template matching, or any other applicable type of face detection algorithm. In one embodiment, liveness module 406 is configured to determine that verification module 402 is interfacing with a physically present subject instead of an inanimate spoof artifact such as a pre-existing image of the employee, wherein liveness module 406 module is configured to generate, timestamp, and delete liveness data within a short timeframe allowing the one or more identifiable features to be stored and the liveness data to be collected at every interaction with verification module 402. It is to be understand that liveness module 406 operates based on established profile records in ID feature database 414 wherein each profile record includes a base reference of the one or more identifiable features of the employee for liveness module 406 to compare the currently acquired one or more identifiable features to the topical identification content. The purpose of liveness module 406 is to ensure that employees 110 and 114 utilize selfie images and/or biometrics acquired at kiosk 204 or at the applicable computing device in order to clock in/out of worksite 116 and prevent employees from spoofing system 100 with inanimate images of an employee. Liveness module 406 transmits data associated with the one or more identifiable features to server 102 allowing server 102, alone or in combination with computing devices 108 and 112, to verify the employee is a live subject based on at least the one or more identifiable features and/or the topical identification content), (Id., ¶ 37, In one embodiment, server 102 may utilize machine learning module 412 to apply one or more machine learning algorithms to data collected by system 100 in order to generate predictions based on the collected data. Machine learning module 412 (discloses intent engine) utilizes a machine learning model or a rule-based model in order generate predictions associated with identity, verification, and habits of an employee performing tasks on worksite 116. For example, if the model is a machine-learned model, then one or more machine learning techniques are used to “learn” weights of different features, which weights are then utilized by server 102 to generate one or more predictions associated with identity and/or task performance efficiency by employees on worksite 116 based on data collected from computing devices 108 and 112, kiosk 204, verification module 402, or any combination thereof. The features, also known as feature values, associated with the weights include but are not limited to ES data, one or more identifiable features, geographic/GPS data, productivity data, or any other applicable data configured to be collected by computing devices 108 and 112, kiosk 204, verification module 402, or any combination thereof), (Id., ¶ 31, Referring now to FIG. 2, an illustration of worksite 116 is depicted, according to an exemplary embodiment. In one embodiment, worksite 116 includes a geofence 202 encompassing a plurality of construction equipment in addition to a kiosk 204 configured to be communicatively coupled to server 102 wherein kiosk 204 is configured to serve as a mechanism for allowing computing devices 108 and 112 to clock in and out of worksite 116. It is to be understood that worksite 116 as depicted in FIG. 2 illustrates both first employee 110 and second employee 114 being located within geofence 202 wherein first employee 110 is in possession of computing device 108 while performing a first task and second employee 114 is in possession of computing device 112 while performing a second task distinct from the first task, and data is being continuously collected by computing devices 108 and 112 and maintained in offline employment activity reservoir or transmitted directly to server 102 if connectivity is applicable. In one embodiment, server 102 continuously processing ES data received from computing devices 108 and 112, server 102 is configured to determine productivity of the employee while present on worksite 116, wherein productivity may be depicted via presence of motion or lack thereof, completion of projects (or sub-components) on worksite 116, overall amount of time present on worksite 116, or any other applicable metric configured to illustrate productivity or lack thereof. For example, the ES data may include motion data acquired from first employee 110 indicating that first employee 110 is operating at an inefficient rate based on the amount of time spent on worksite 116 compared to the level of completion of the first task. In one embodiment, the ES data may be utilized to ensure that the first task is not being performed by an employee distinct from first employee. For example, server 102 is configured to determine whether computing device 108 is performing the second task based on ES data which indicates via range of motion, angular velocity, and frequency of movement that computing device 108 is affixed to an employee digging a ditch with a shovel opposed to layering concrete for a wall. In one embodiment, server 102 collects ES data including the heartrate, body temperature, and wearable haptic data (pressure, friction, temperature, etc.-based sensations mediated by nerves in the skin) of employees 110 and 114 from computing devices 108 and 112 to ensure that first employee 110 is not in possession of computing device 112 and second employee 114 is not in possession of computing device 108 based on distinguishable inconsistencies revealed via comparison of currently acquired ES data to previously acquired ES data. For example, server 102 is configured to detect that computing devices 108 and 112 are in possession of the same individual based on similarity of readings relating to the aforementioned acquired data in addition to the proximity of computing devices 108 and 112 for a predetermined period of time; thus, indicating that at least one of employees 110 and 114 are attempting to misrepresent their location (discloses signal triggered by movement of a mobile access medium) and/or their productivity on worksite 116), (Id., ¶ 41, Referring now to FIG. 7, a method for managing and monitoring identity, location, and productivity 700 is depicted, according to an exemplary embodiment. It is to be understood that the following steps are not limited to application at a worksite and may be applied to any applicable setting associated with determining productivity of an individual. At step 702, the employee enters worksite 116, wherein in a preferred embodiment, computing device 108 is in possession of first employee 110 and is automatically detected by kiosk 204 and/or server 102. At step 704, first employee 110 attempts to clock-in/check-in/punch-in at worksite 116. It is to be understood that this step may be accomplished by first employee 110 by utilizing kiosk 204, the employee side of the centralized platform operating on computing device 108, or in some embodiments, a manual check-in/clock-in/punch-in process known to those of ordinary skill in the art. An example of the manual check-in/clock-in/punch-in process is first employee 110 utilizing an employee specific pin code and/or employee ID configured to be inputted into at least one of kiosk 204 or computing device 108, wherein when the employee is flagged a plurality of images of the employee utilized to check-in are associated with the employee ID and stored in the employee identification record. In one embodiment, check-in/clock-in/punch-in is enabled by server 102 based on computing device 108 indicating to server 102 that first employee 110 is within geofence 202. In one embodiment, detection of computing device 108 may be based upon geographic/location data acquired by computing device 108 in addition to, but not limited to, ES data, RF signals, wireless links, or any other applicable wireless links configured to be emitted from a computing device. It is to be understood that in some embodiments, clocking in/out may be performed simply by computing device 108 being detected within geofence 202 wherein currently acquired ES data is compared to previously acquired ES data stored in the employee identification record associated with first employee 110 in order to determine that computing device 108 is within geofence 202 and that computing device 108 is not in possession of an individual other than first employee 110 (discloses determining an intent to clock in and recording attendance in response to a person moving a mobile access device to input a signal). For example, if computing device 108 is in possession of second employee 114 attempting to clock-in on behalf of first employee 110, then computing device 108, in the wearable device embodiment, collects current ES data and compares the current ES data to previously acquired ES data stored in the employee identification record in order for server 102 to determine the stark distinction between the sets of ES data, flag the employee upon the detection, and alert the admin. In some embodiments, the aforementioned scanning process is performed on scanning device 502 allowing an indicator to be generated by computing device 108 illustrating to server 102 that computing device 108 is operational and present on worksite 116. At step 708, as the one or more identifiable features are acquired during the scanning, server 102 determines if the one or more identifiable features exceed the identification similarity threshold, wherein if the identification similarity threshold is not exceeded then step 710 occurs in which ES data is acquired from computing device 108, first employee 110 is flagged, and the employee is successfully checked-in/out of worksite 116.), (Id., ¶ 8, The method also includes receiving, via the server, a plurality of employee specific (ES) data associated with the first employee. The method also includes verifying, via the server, an identity of the first employee based on the plurality of ES data. The method also includes determining, via the server, whether the first computing device is within a predetermined proximity to a second computing device associated with a second employee within the geofence. The method also includes analyzing, via the server, whether the first computing device is in possession of the first employee based on a plurality of productivity data derived from the first computing device. Other embodiments of this aspect include corresponding computer systems, apparatus, and computer programs recorded on one or more computer storage devices, each configured to perform the actions of the methods);
PNG
media_image1.png
490
648
media_image1.png
Greyscale
While suggested in at least Fig. 2 and related text, Von Troll does not explicitly disclose …- checking a master record of personal data as to what type of interaction the identified person (40) wants with the attendance recording terminal (10), and - providing at least one user-specific type of interaction for the identified person (40), wherein the following is provided as a user-specific type of interaction with the attendance recording terminal (10)… and outputting a feedback signal through the mobile access medium or the attendance recording terminal wherein the feedback signal is about the interaction for the identified person with the attendance recording terminal that has been carried out or requested and the feedback signal is output from a feedback engine configured to output the feedback signal.
However, Krishnan discloses …checking a master record of personal data as to what type of interaction the identified person (40) wants with the attendance recording terminal (10), and - providing at least one user-specific type of interaction for the identified person (40), wherein the following is provided as a user-specific type of interaction with the attendance recording terminal (10))… and outputting a feedback signal through the mobile access medium or the attendance recording terminal wherein the feedback signal is about the interaction for the identified person with the attendance recording terminal that has been carried out or requested and the feedback signal is output from a feedback engine configured to output the feedback signal. (Krishnan, column 5, lines 15-28, FIG. 5 illustrates a Cloud Clock time and attendance graphical user interface (GUI) 500. The GUI 500 can be presented, for example, in a Time & Attendance self-service kiosk (discloses feedback engine) or web-based application (discloses interface interaction types), as described above. The GUI 500 includes an option 502 for viewing options directed to administration of employee schedules, an option 504 for viewing employee schedules, an option 506 for viewing employee timesheet records, an option 508 for viewing employee time off requests, an option 510 for viewing expenses incurred with respect to employee time off requests, an option 512 for viewing approvals for employee time off requests (discloses graphical feedback signal in response to user interaction), an option 514 for viewing reports of employee time records, and an option 516 for integration), (Id., column 6, lines 5-14, FIG. 7 illustrates a Cloud Clock employee time and attendance management interface 700. (discloses employee interaction type) The interface 700 includes a name display field 702, a logout option 703, a time display 704, a status display 706, a video display 708, an employee photo display 710, and self-service options 712, 714, 716, 718, 720. The employee time and attendance management interface 700 is displayed once an employee has logged in, as described in reference to FIG. 6), (Id., column 7, lines 6-18, The timecard dashboard interface 1100 can also display one or more administrator options. (discloses administrator interaction type) In some implementations, administrator options can include a check-in option, a check-out option, or a view history option. The check-in option can be displayed when an employee that is scheduled for work on a given day has not punched in for the day. The check-out option can be displayed when an employee has not punched out for the day. The view history option can be displayed when an employee that is scheduled for work on a given day has not punched in or punched out for the day. For example, for employee 1116, the timecard dashboard interface 1100 displays a check-out option 1128 ("Check-out") and a view history option 1130 ("History")), (Id., column 8, lines 46-60, FIG. 14 is a block diagram of an exemplary architecture for a Cloud Clock Device capable of running a network-enabled time and attendance management application. Architecture 1400 can be implemented in any device for generating the features described in reference to FIGS. 1-11, including but not limited to portable or desktop computers, smart phones and electronic tablets, television systems, game consoles, kiosks and the like. Architecture 1400 can include memory interface 1402, data processor(s), image processor(s) or central processing unit(s) 1404, and peripherals interface 1406. Memory interface 1402, processor(s) 1404 or peripherals interface 1406 can be separate components or can be integrated in one or more integrated circuits. The various components can be coupled by one or more communication buses or signal lines), (Id., column 11, lines 29-33, Architecture 1500 can serve Web pages for time and attendance management application 1518, as described in reference to FIGS. 1-11. Storage device 1508 can store time and attendance data (e.g., time entries) for a number of customers and other relevant data (discloses master record of personal data)).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to have modified the time and attendance elements of Von Troll to include the interaction type determination elements of Krishnan in the analogous art of Capturing Employee Time For Time And Attendance Management for the same reasons as stated for claim 1.
Regarding Claims 9-14, these claims recite limitations substantially similar to those in claims 2-7, respectively, and are rejected for the same reasons as stated above.
Regarding Claim 15, the combination of Von Troll and Krishnan discloses ...the steps of the method according to claim 8…
Von Troll further discloses …A computer program comprising commands which, when the program is executed by a processor of an attendance recording terminal (10), causes the attendance recording terminal (10) to perform… (Von Toll, ¶ 8, A system of one or more computers can be configured to perform particular operations or actions by virtue of having software, firmware, hardware, or a combination of them installed on the system that in operation causes or cause the system to perform the actions. One or more computer programs can be configured to perform particular operations or actions by virtue of including instructions that, when executed by data processing apparatus, cause the apparatus to perform the actions. One general aspect includes the method also includes defining, via a server communicatively coupled to a first computing device associated with a first employee, a geofence configured to be allocated to a worksite associated with the first employee. The method also includes receiving, via the server, a plurality of employee specific (ES) data associated with the first employee. The method also includes verifying, via the server, an identity of the first employee based on the plurality of ES data. The method also includes determining, via the server, whether the first computing device is within a predetermined proximity to a second computing device associated with a second employee within the geofence. The method also includes analyzing, via the server, whether the first computing device is in possession of the first employee based on a plurality of productivity data derived from the first computing device. Other embodiments of this aspect include corresponding computer systems, apparatus, and computer programs recorded on one or more computer storage devices, each configured to perform the actions of the methods), (Id., ¶ 31, Referring now to FIG. 2, an illustration of worksite 116 is depicted, according to an exemplary embodiment. In one embodiment, worksite 116 includes a geofence 202 encompassing a plurality of construction equipment in addition to a kiosk 204 configured to be communicatively coupled to server 102 wherein kiosk 204 (discloses attendance recording terminal) is configured to serve as a mechanism for allowing computing devices 108 and 112 to clock in and out of worksite 116. It is to be understood that worksite 116 as depicted in FIG. 2 illustrates both first employee 110 and second employee 114 being located within geofence 202 wherein first employee 110 is in possession of computing device 108 while performing a first task and second employee 114 is in possession of computing device 112 while performing a second task distinct from the first task, and data is being continuously collected by computing devices 108 and 112 and maintained in offline employment activity reservoir or transmitted directly to server 102 if connectivity is applicable…).
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.
Nasir et al., U.S. Publication No. 2012/0161971 discloses automated attendance tracking and event notification.
Feliciano Lopez et al., U.S. Publication No. 2013/0179315 discloses a time and attendance system and method.
Perold et al., U.S. Publication No. 2015/0350225 discloses attendance authentication and management in connection with mobile devices.
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 at (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