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 .
This communication is in response to application 18/126,895 filled on 3/27/2023. Claims 1, 19 and 20 are amended and hereby entered. Claims 1-20 are currently pending and are examined. No claims are allowed.
Response to Amendment
The rejections are 35 USC 112 are removed in light of the amendments.
Response to Arguments
Applicant's arguments filed 7/08/2025 are fully considered but they are not persuasive.
Regarding 35 USC 101: The applicant uses comparative analysis between the claimed limitations and other court cases or USPTO examples (Recentive, Grossman, example 47, and example 48). However, use of comparative analysis and analogous cases are not the way in which examiners analyze the claims. Analysis is based off of the MPEP, and using comparative analysis as an argument is not germane to the rejection. Therefore, the comparative analysis has been read and understood in context of the case, but the examiner maintains the 35 USC 101 rejection.
Further, the applicant only addresses one out of the two abstract ideas highlighted in the first office action. The applicant argues against the abstract idea of a mental process (collect, process, display data), but they do not address the abstract idea of certain methods of organizing human activity (commercial or legal interactions). Therefore, the rejection is maintained.
Further, the applicant argues the claims do not simply recite the abstract idea of collecting storing, and analyzing data because it uses elements such as blockchain and smart contracts. However, these elements amount to no more than an “apply it” recitation, and simply use the elements to perform the abstract idea, see MPEP 2106.05(f). The applicant further states that integrating these types of features demonstrates a technical solution. However, using these elements to perform the abstract idea is not indicative of a technical solution. There is no technical improvement to blockchain technology. The claims simply use elements such as blockchain to perform the abstract ideas of collecting, storing, and analyzing data, as well as commercial or legal interactions. The claims are not directed to improvements in technology but rather directed to the abstract idea, see MPEP 2106.05(a).
Further, the applicant argues blockchain and smart contracts are not a mere field of use limitation but integral to the solution. The applicant cites that it automates contractual relationships, ensures payment, and maintains records. This again is an example of blockchain and smart contracts being used to perform the abstract idea (mental process, and certain methods of organizing human activity). This amounts to no improvement in the technology of blockchain and smart contracts, and uses the elements as a tool to perform the abstract idea, see MPEP 2106.05(a) and MPEP 2106.05(f).
Regarding 35 USC 103: The applicant argues the combination of Taleb and Shook fails to teach anonymized ratings on the blockchain. The applicant states that the examiner rejection incorrectly interprets Shook’s mention of anonymous labor for anonymized ratings. However, the rejection did not state ratings were taught by Shook. The ratings element is taught by Taleb which was cited in the rejection. Shook teaches anonymity in labor and the use of blockchain to execute smart contracts. It is obvious for one of ordinary skill to take the rating system taught by Taleb, and apply anonymity, blockchain, and smart contracts. Together in combination the references teach the claimed limitation. Therefore, the examiner respectfully disagrees and the rejection is maintained.
Further, the applicant argues the combination of Taleb and Shook fails to teach matching based on all five required criteria. The limitations recite matching based on nonfunctional descriptive material. The claim amounts to no more than matching a job applicant with an employer based on nonfunctional descriptive data elements. These elements do not impact the computers’ functional ability to match applicants based on data. However, although the data elements do not carry patentable weight, the rejection still cites the Taleb reference which teaches all five criteria. Therefore, the examiner respectfully disagrees and the rejection is maintained.
Further, the applicant argues the combination of Taleb and Shook fails to teach automatic payment dispensing based on smart contracts. The applicant states Shook teaches transmission of tokens occurring via smart contract after requirements are met and signatures are present, which differs from the applicant claimed element of “automatically dispensing a payment from the employer based on the smart contract”. Smart contracts are coded actions for the blockchain to automatically perform based on criteria being met. The broadest reasonable interpretation of the applicant claimed limitation includes any dispensing of payment via smart contract after criteria are met. The claimed limitation is much broader than the reference. Therefore, the examiner respectfully disagrees and the rejection is maintained.
Even if the claimed limitations were not broader than the reference, the difference in the nonfunctional descriptive criteria would not carry patentable weight. The nature of the data within the smart contract does not change the functionality of the blockchain executing an action when predetermined criteria has been met (the data could be anything from signature requirement, time requirement, or full completion requirement, all of which are nonfunctional descriptive elements), see MPEP 2111.05(III).
Further the applicant argues a person of ordinary skill in the art would not combine the two references because of the lack of physical compatibility (Centralized vs. decentralized architecture, differing payment mechanisms, and differing rating systems). In response to applicant's argument that the two references’ systems are not compatible, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Therefore, the examiner respectfully disagrees and the rejection is maintained.
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.
Claim 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) with no practical application and without significantly more.
Under MPEP 2106, when considering subject matter eligibility under 35 U.S.C. § 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter (step 1). If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea) (step 2A prong 1), and if so, it must additionally be determined whether the claim is integrated into a practical application (step 2A prong 2). If an abstract idea is present in the claim without integration into a practical application, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself (step 2B).
Claims 1-18 is a method, and Claims 19-20 is a system. Thus, each claim on its face is directed to one of the statutory categories of 35 USC 101. However, claims 1-20 are rejected under 35 USC 101 because the claimed invention is directed to an abstract idea without significantly more.
Under step 2A Prong 1, the test to identify claims are “directed to” a judicial exception. Examiner notes that the claimed invention is directed to an abstract idea in that the instant application is directed to certain methods of organizing human activity (See MPEP 2106.04(a)(2)(II)) as well as mental processes (See MPEP 2106.04(a)(2)(III)). The independent claims (1 and 19) recite a method and systems to advertise jobs, match job applicants/freelancers with employers, and form contracts. These claim elements are being interpreted as commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). Using employee and employer information to advertise and match jobs and services fall under commercial and legal interactions. Additionally forming freelance offers and contracts further fall under commercial and legal interactions.
Furthermore, the independent claims (1 and 19) recite a method and systems to collect, process, and display job applicant/employer data. These claim elements are being interpreted as concepts performed in the human mind (including observation, evaluation, judgement, and opinion), falling under mental processes. Collecting various data on employer and applicants to process and display as job postings, ratings, etc., can equivalently be done by a human. The analysis steps are recited at a high level of generality, they can practically be performed by the human mind (i.e., a claim to “collecting information, analyzing it, and displaying certain results).
Therefore, the claims recite an abstract idea consistent with the “certain methods of organizing human activity” grouping set forth in the MPEP 2106.04(a)(2)(II), and the abstract idea consistent with the “mental process” grouping set forth in the MPEP 2106.04(a)(2)(III).
The instant application fails to integrate the judicial exception into a practical application because the instant application merely recites an “apply it” (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea. The instant application is directed towards a method and systems to implement the identified abstract idea of certain methods of organizing human activity (i.e., advertising jobs, matching applicants with employers, and forming contracts), and mental processes (i.e. collecting, processing and displaying data) on a generically claimed computer structure. For instance, the additional elements or combination of elements other than the abstract idea itself include the elements such as a “server” recited at a high level of generality. These elements do not themselves amount to an improvement to the interface or computer, to a technology or another technical field.
The claims do not include additional elements that amount to significantly more than the judicial exception. The independent claims recite the additional elements “a server”, “a blockchain”, and “a mobile device”. These claim elements are recited at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a general computer environment. The machines merely act as a modality to implement the abstract idea and are not indicative of integration into a practical application (i.e., the additional elements are simply used as a tool to perform the abstract idea), see MPEP 2106.05(f).
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed in Step 2A Prong Two, the additional elements in the claims amount to no more than mere instructions to apply the exception using generic computer components. The same analysis applies her in 2B and does not provide an inventive concept.
In regards to the dependent claims
Claims 2-18 and 20 introduce no new additional abstract ideas or new additional elements and do not impact analysis under 35 USC 101.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3-4, 7-8, 11-15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Taleb (US 20240311769 A1) in view of Shook (US 20220180416 A1)
Regarding Claims 1 and 19, (substantially similar in scope and language) Taleb teaches:
A method to matching for a job applicant to a job, comprising: providing an application (app) to collect an applicant location and an applicant job qualification and saving the collected data on a server; [(Figure 5), (Para 0018) “In one embodiment, the system further comprises a plurality of categories for jobs and employers on the interactive map with the location of job sites and the employees”, (Para 0056) “Referring to FIG. 5, a screenshot 500 of an employer's profile, according to one embodiment of the present invention. The employer's profile consists of description about the employer or the company 502, categories that the user is employing in 504, attachments 506, certificates 508, licenses 510, work history and reviews by the employees 512, and a plurality of general information about the user”]
collecting from an employer an employer name and a job requirement and saving the collected data on a server; [(Figure 11, 13, 14), (Para 0064) “In the first section named Account, a user can change their corresponding email, name, or username, also here the user can choose to close their account”, (Para 0070) “The parameters may include some relevant information about the employer 1102, number of bids for job posts 1104, price 1106, project length 1108, detailed description 1110, requirements 1112, address 1114, and some more.”]
displaying the employer and the job applicant on a map; [(Figure 2, 3, 4, 6), (Para 0018) “the system locates employees, service seekers, and employers on an interactive live map”, (Para 0050) “look for jobs and services based on user's location and the radius of any location they are looking for on an interactive map 214 and search for services or employees on the map”, (Para 0054) “employers can look for employees on the search or on the map and send the employees that look appealing to them a job offer based on the jobs they already created and offer the employee a price”]
at the server, matching the job applicant with the employer based on the applicant location, [(Para 0065) “On the employees' search result page, promoted profiles with promoted services or service packs are listed first and after that the profiles in order of relevance are listed. There are many filters on the Advanced Search panel… The filters include, but not limited to… price, and location”] the job requirement, the applicant job qualification, [(Para 0084) “Using the current customizable platform of the present invention, an employer can simply post the job, qualified people (potential employee candidates) with live reviews from their previous job experiences would apply for the job”] an employer rating, [(Para 0056) “The employer's profile consists of description about the employer or the company 502, categories that the user is employing in 504, attachments 506, certificates 508, licenses 510, work history and reviews by the employees 512, and a plurality of general information about the user.”] and a job applicant rating; [(Para 0057) “anyone can read reviews from previous employees and see the employer's average rating.”]
enabling the employer to search the NFT portfolios for applicant matching employer needs and to create job listings as smart contracts; [(Para 0019) “In one embodiment, the system further comprises a search system configured to provide a possibility to search by categories as well as employees or jobs.”]
tracking applicant work location via the satellite positioning system [(Para 0054) “and employers can look for employees on the search or on the map and send the employees that look appealing to them a job offer based on the jobs they already created and offer the employee a price”, (Para 0065) “The filters include, but not limited to, keyword, category, verification level, bid amounts, price, and location”, (Para 0018) “ In one embodiment, the system locates employees, service seekers, and employers on an interactive live map.”]
and recording completion time for a job, [(Para 0042) “Gig economy/Shared economy platform that enables any two parties to be able to recruit each other for any routine/customized/tailor-made jobs, errands, and tasks for a certain amount of time”, (Para 0054) “if an employer would like employee's services can recruit the employee for the agreed amount of time and price”]
and updating the respecting rating for the employer and the job applicant based on the completed job, [(Para 0057) “In the profiles section, anyone can read reviews from previous employees and see the employer's average rating.”]
While Taleb teaches the method of job matching employers with employees, it does not explicitly teach the use of smart contracts and the blockchain, or anonymized ratings.
creating a smart contract on a blockchain between the matched employer and job application, and satellite positioning system location and time stamp tokens and sending customer portfolio, freelance time accumulated time stamp, and employer jobs on the blockchain as a non fungible token (NFT) portfolio to show previous work;
and creating a token for payment by the employer and contracted through the smart contract;
upon completion of the job, automatically dispensing a payment from the employer based on the smart contract;
wherein the ratings are anonymized on a blockchain
However, Shook teaches:
creating a smart contract on a blockchain between the matched employer and job application and satellite positioning system location and time stamp tokens and sending customer portfolio, freelance time accumulated time stamp, and employer jobs on the blockchain as a non fungible token (NFT) portfolio to show previous work; [The limitations recite creating a smart contract on a blockchain between two parties containing nonfunctional descriptive data elements such as location, time, etc; (Para 0009) “The method then generates a smart contract for the job between the business operator device and the primary laborer device”]
and creating a token for payment by the employer and contracted through the smart contract; [(Para 0009) “Subsequently, the method acquires a deposit of a predetermined type and amount of cryptographic token for the buy order and saves the deposit in the smart contract.”]
upon completion of the job, automatically dispensing a payment from the employer based on the smart contract; [(Para 0009) “Upon the job completion, the method receives a job completion indication from the primary laborer device. The method processes a transaction based on the buy order and the smart contract associated with the job by generating a compensation for the transaction in response to a successful job completion, wherein all job requirements plus quality standards are satisfactorily met and signatures of both the business operator device and the primary laborer device are present in the blockchain. Therefore, the method transmits the compensation to the primary laborer device using the predetermined amount of cryptographic tokens.”]
wherein the ratings are anonymized on a blockchain. [(Para 0056) “Additionally, the present invention aims to build a global platform that is open for all operators, regardless of size, to contract for labor across the world and within a digital currency market… The labor behind these products and services are increasingly non-local and even anonymous.”]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method of job matching employers and employees taught by Taleb, with the use of smart contracts blockchain to record and execute payments taught by Shook. Using the blockchain and creating smart contracts for a freelance job platform is merely a combination of old elements. Storing data in the blockchain and executing payment with smart contracts would have performed the same function as it did separately from the job platform. One of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding Claim 3, Taleb in view of Shook teach the limitations set forth above
While Taleb teaches a method of job matching and payment, it does not explicitly teach the use of payment using crypto with the smart contract
wherein the employer provides crypto wallet information for payment in the smart contract to be deposited in a job applicant crypto wallet
However, Shook teaches
wherein the employer provides crypto wallet information for payment in the smart contract to be deposited in a job applicant crypto wallet. [(Para 0009) “The method then generates a smart contract for the job between the business operator device and the primary laborer device… the method transmits the compensation to the primary laborer device using the predetermined amount of cryptographic tokens.”]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method of job matching employers and employees taught by Taleb in view of Shook, with the use of crypto for payment taught by Shook. Payment for completed work and using Crypto for payment is merely a combination of old elements. Each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding Claim 4, Taleb in view of Shook teach the limitations set forth above
While Taleb teaches a job matching method, it does not explicitly teach anonymity in the process:
comprising democratizing gig employment with the anonymized ratings on the blockchain.
However, Shook teaches
comprising democratizing gig employment with the anonymized ratings on the blockchain. [(Para 0056) “Additionally, the present invention aims to build a global platform that is open for all operators, regardless of size, to contract for labor across the world and within a digital currency market… The labor behind these products and services are increasingly non-local and even anonymous.”]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method of job matching employers and employees taught by Taleb, with the use of anonymity taught by Shook. Job matching and using anonymity in the labor market is merely a combination of old elements. Each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding Claim 7, Taleb in view of Shook teach the limitations set forth above, Taleb further teaches:
applicant location and the applicant job qualification [(Figure 2 and 14)]
While Taleb reaches a job matching method including applicant location and qualifications, it does not explicitly teach completing a smart contract and saving the smart contract to a main database:
comprising completing an applicant smart contract with the applicant location and the applicant job qualification and saving the smart contract to a main database
However, Shook teaches:
comprising completing an applicant smart contract… and saving the smart contract to a main database. [(Para 0009) “Upon the job completion, the method receives a job completion indication from the primary laborer device. The method processes a transaction based on the buy order and the smart contract associated with the job by generating a compensation for the transaction in response to a successful job completion, wherein all job requirements plus quality standards are satisfactorily met and signatures of both the business operator device and the primary laborer device are present in the blockchain.”]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method of job matching employers and employees with location and qualification information taught by Taleb, with the use of smart contracts blockchain to record and execute payments taught by Shook. Using block chain and smart contracts to store data such as location and qualifications in the job matching method, is merely a combination of old elements. One of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding Claim 8, Taleb in view of Shook teach the limitations set forth above, Taleb further teaches:
an employer database. [(Figure 4 and 5); stored job history and reviews]
While Taleb teaches the job matching method and storing jobs to an employer database, it does not explicitly teach completing and saving smart contracts associated with jobs:
comprising completing an employer smart contract with the job requirement and saving the smart contract
However, Shook teaches:
comprising completing an employer smart contract with the job requirement and saving the smart contract [(Para 0009) “Upon the job completion, the method receives a job completion indication from the primary laborer device. The method processes a transaction based on the buy order and the smart contract associated with the job by generating a compensation for the transaction in response to a successful job completion, wherein all job requirements plus quality standards are satisfactorily met and signatures of both the business operator device and the primary laborer device are present in the blockchain.”]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method of saving information to an employer database taught by Taleb, with the use of smart contracts taught by Shook. Saving the job history via smart contract on the block chain and showing the employer job history is merely a combination of old elements. Each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding Claim 11, Taleb in view of Shook teach the limitations set forth above, Taleb further teaches:
comprising rendering the map after logging in, wherein the map [(Figure 2)]
While Taleb teaches rendering a map, it does not explicitly teach hiding identities until a hiring decision is made
hides identity of the employer and the job applicant until a hiring decision is made
However, Shook teaches:
hides identity of the employer and the job applicant until a hiring decision is made. [(Para 0056) “Additionally, the present invention aims to build a global platform that is open for all operators, regardless of size, to contract for labor across the world and within a digital currency market… The labor behind these products and services are increasingly non-local and even anonymous.”]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the rendering of map taught by Taleb, with hiding an identity taught by Shook. Not exposing information on a map of pinned jobs would have yielded predictable results. Each element (map function and anonymity function) would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding Claim 12, Taleb in view of Shook teach the limitations set forth above, Taleb further teaches:
wherein once the job description created, comprising: categorizing and labeling each job with a predetermined class; [(Figure 10) (Para 0018) “In one embodiment, the system further comprises a plurality of categories for jobs and employers on the interactive map with the location of job sites and the employees. In one embodiment, the employer creates a job post with title and description, categories”, (Para 0059) “At another step, a category or categories should be applied to the job post which helps potential employees to find this job by a category they are interested in.”]
generating a drop-pin of the job; and placing the drop-pin by the employer at a performance location where the job is to be completed on the map. [(Figure 6 and 11)]
Regarding Claim 13, Taleb in view of Shook teach the limitations set forth above, Taleb further teaches:
comprising verifying the employer and thereafter providing employer access to view one or more freelancer portfolios and sending letter of interests from the employer to one or more freelancers. [(Figure 2 and 14), (Para 0074) “The employer browses and hires available candidates on the platform. The employer may directly offer a contract to any potential employee on the platform. In order to do so, the employer needs to get to the potential employee's profile page and click on the “Hire” button.”]
Regarding Claim 14, Taleb in view of Shook teach the limitations set forth above, Taleb further teaches:
comprising verifying the job applicant and providing a communication link with the employer that created the job requirement. [(Figure 12), (Para 0061-0064), (Para 0071) “The employer then will see all the proposals and will be able to choose any individual/companies and start a conversation with them through the chat feature or other communication methods on the platform.”]
Regarding Claim 15, Taleb in view of Shook teach the limitations set forth above, Taleb further teaches:
comprising displaying a drop-pin label with a class and price of each job and allowing the job applicant to choose and plan applicant schedule based on available jobs. [(Figure 3, 6, 10, 11,12), (Para 0018) “In one embodiment, the system locates employees, service seekers, and employers on an interactive live map. In one embodiment, the system further comprises a plurality of categories for jobs and employers on the interactive map with the location of job sites and the employees”, (Para 0009) “Further, the present invention discloses a system for providing a customizable jobs and service platform that opens up possibilities for individuals and companies to employ and get employed on their own schedule with the most competitive prices without the intervention of a middle-man.”]
Regarding Claim 17, Taleb in view of Shook teach the limitations set forth above Taleb further teaches
Comprising receiving a… wallet, providing payment…, saving confirmation of… payment data [(Figure 15A-B), (Para 0019) “In one embodiment, the system further comprises a wallet and payment system configured to track pending and completed transactions, balance, and to view all funds that are ready to be released once both the employer and employee have deemed the job completed.”]
While Taleb teaches receiving payment information and saving data, it does not explicitly teach the payment being in the form of crypto currency.
Crypto currency … cryptocurrency payment data
However, Shook teaches:
Crypto currency… cryptocurrency payment data [(Para 0009) “The method processes a transaction based on the buy order and the smart contract associated with the job by generating a compensation for the transaction in response to a successful job completion… the method transmits the compensation to the primary laborer device using the predetermined amount of cryptographic tokens”]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method of saving payment information and confirmation taught by Taleb, with the use of cryptocurrency as the form of payment taught by Shook. Simply substituting the payment information for crypto compatible payment taught in Shook would have yielded predictable results. Simple substitution of one known element for another producing a predictable result renders the claim obvious.
Regarding Claim 18, Taleb in view of Shook teach the limitations set forth above, Taleb further teaches:
comprising classifying a job description from one of the following classes: S class, B class and C class, where the S class comprises expert skill, the B class comprises intermediate skill, and the C class comprises beginner skill. [The limitations recite classification of jobs based on difficulty, experience, or skill level for job seekers. Labels (for example: S, B, C) are nonfunctional descriptive material that do not carry patentable weight; (Figure 6), (Para 0057) “Further, the employer profile page includes some other general descriptions in the left column such as total number of completed jobs, money spent, employer's skills, the level of education and much more”, (Para 0058) “the employer must provide at least 8 forms of data including, but are not limited to, Job title 602, Job description 604, categories that the job related to 606, job requirements 608”]
Regarding Claim 20, Taleb in view of Shook teach the limitations set forth above, Taleb further teaches:
wherein the server runs code for employer access to view one or more freelancer portfolios [(Figure 13)]
and sending letter of interests from the employer to one or more freelancers; [(Para 0074) “Therefore, the employer also sends an offer letter to the potential employee”]
and wherein once the job description created, generating a drop-pin of the job; and placing the drop-pin by the employer at a performance location where the job is to be completed on the map. [(Figure 6 and 11)]
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Taleb (US 20240311769 A1) in view of Shook (US 20220180416 A1) in further view of Eslambolchi (US 6075481 A).
Regarding Claim 2, Taleb in view of Shook teach the limitations set forth above, Taleb further teaches:
comprising determining an applicant location or an employer location [(Para 0018) “In one embodiment, the system locates employees, service seekers, and employers on an interactive live map. In one embodiment, the system further comprises a plurality of categories for jobs and employers on the interactive map with the location of job sites and the employees.”]
While Taleb in view of Shook teach determining an applicant and employer location, it does not teach using GPS determine location
with a Global Positioning System (GPS) or a satellite positioning system.
However, Eslambolchi teaches:
with a Global Positioning System (GPS) or a satellite positioning system. [(Column 1, Line15-22) “Global Positioning Satellite (GPS) systems can aid in establishing an extremely accurate spatial map. Present-day GPS system rely on a constellation of geosynchronous satellites that each transmit their position to earth on a continuous basis. A GPS receiver monitors the signals of three of more satellites and uses the satellite position information to calculate its own location.”]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method of determining employer and applicant location taught by Taleb in view of Shook, with the method of using GPS to determine location. It is well within the capabilities of one of ordinary skill in the art to use GPS as the method of determining location rather than typing in a manual address, yielding predictable results.
Claims 5-6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Taleb (US 20240311769 A1) in view of Shook (US 20220180416 A1) in further view of Morris (US 20220391850 A1).
Regarding Claim 5, Taleb in view of Shook teach the limitations set forth above
While Taleb teaches a job matching method, it does not teach the use of smart contracts and NFT portfolios:
comprising creating a non-fungible token (NFT) portfolio
with a smart contract and a social token specification, and uploading the smart contract with the social token specification to a decentralized network service
However, Shook teaches:
with a smart contract and a social token specification, and uploading the smart contract with the social token specification to a decentralized network service [(Para 0009) “Subsequently, the method acquires a deposit of a predetermined type and amount of cryptographic token for the buy order and saves the deposit in the smart contract.”]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method of job matching employers and employees taught by Taleb, with the use of smart contracts and tokens taught by Shook. Using the blockchain and creating smart contracts for a freelance job platform is merely a combination of old elements. Storing data in the blockchain and executing payment with smart contracts would have performed the same function as it did separately from the job platform. One of ordinary skill in the art would have recognized the results of the combination were predictable.
While Taleb in view of Shook teach the use of smart contracts in a job matching method, they do not explicitly teach creating NFT portfolios
comprising creating a non-fungible token (NFT) portfolio
However, Morris teaches:
comprising creating a non-fungible token (NFT) portfolio [(Para 0061) “Once the digital user profile record 110 is created, the digital user profile is minted into NFT 114 by using a block chain technology, where the minting associates the NFT 114 with a unique digital identity identifier of the user that may acts as a digital authentication certificate for the user.”]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method utilizing smart contracts and block chain to job matching employers and employees taught by Taleb in view of Shook, with the method of creating an NFT portfolio taught by Morris. Creating an NFT portfolio for the user’s work experience on the existing block chain taught by Taleb in view of Shook, would yield predictable results in storing and showing employee data. One of ordinary skill in the art would recognize the combination would result in an improved system allowing for verifiable employee skills with NFT portfolios.
Regarding Claim 6, Taleb in view of Shook in further view of Morris teach the limitations set forth above
While Taleb in view of Shook teach the limitations set forth above, they do not explicitly teach displaying NFT portfolios
comprising displaying the NFT portfolio on the server.
However, Morris teaches:
comprising displaying the NFT portfolio on the server. [(Para 0008) According to the present disclosure, it is an objective of the present disclosure to provide a system that enables the jobseekers to generate digital employability assets (also referred to as “talent portfolios”) and share their verified employability assets in a digital labor marketplace to seek job opportunities” (Para 0061) “Once the digital user profile record 110 is created, the digital user profile is minted into NFT 114 by using a block chain technology, where the minting associates the NFT 114 with a unique digital identity identifier of the user that may acts as a digital authentication certificate for the user.” ]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method utilizing smart contracts and block chain to job matching employers and employees taught by Taleb in view of Shook, with the method of displaying an NFT portfolio taught by Morris. Creating and displaying an NFT portfolio for the user’s work experience on the existing block chain taught by Taleb in view of Shook, would yield predictable results in storing and showing employee data. One of ordinary skill in the art would recognize the combination would result in an improved system allowing for verifiable employee skills with NFT portfolios.
Regarding Claim 16, Taleb in view of Shook teach the limitations set forth above, Taleb further teaches:
collecting from the employer account details, job details, payment information, location data [(Figure 4 and 5), (Para 0059) “At another step, an employer shares details of the contract: any technical requirements or particular skills can be claimed here together with a required level of language as an option, address of a job… At another step, a budget setup is applied which includes both hourly and fixed rate”]
for a long term hire, collecting from the employer a letter of interest, account details, government documents and location data; [(Para 0074) “The employer may directly offer a contract to any potential employee on the platform... write an offer letter”, (Para 0063) “At the fourth verification level, the users are required to provide their address information by uploading their official address data from a bill or bank account statement dated/issued within the past 3 months… At fifth verification level, it is required to provide a valid ID, Driver's license or passport by submitting its front and back photo or document's scan”]
providing the employer with job application location, job applicant billing rate, transaction receipt, confirmation [(Para 0018) “In one embodiment, the employer creates a job post with title and description, categories, requirements, language and job location or creates a remote job not related to a specific location, attachments, contract duration, and budget”, (Para 0019) “one embodiment, the system further comprises a wallet and payment system configured to track pending and completed transactions, balance, and to view all funds that are ready to be released once both the employer and employee have deemed the job completed”, (Para 0072) “The employer provides an hourly rate and a fixed rate price parameter while creating a job”]
and receiving from the job applicant a current location data, [(Para 0018) “In one embodiment, the system locates employees, service seekers, and employers on an interactive live map. In one embodiment, the system further comprises a plurality of categories for jobs and employers on the interactive map with the location of job sites and the employees”, (Para 0050) “The screenshot 200 also includes an advanced search 208 that enables users to define the exact service of employer is looking for, keywords details and look for jobs and services based on user's location and the radius of any location they are looking for on an interactive map”]
and providing the job applicant with a journey to destination log data, payment receipts, confirmations, rates, letters of interest. [(Figure 2) (Para 0019) “one embodiment, the system further comprises a wallet and payment system configured to track pending and completed transactions, balance, and to view all funds that are ready to be released once both the employer and employee have deemed the job completed”, (Para 0054) “An employee can always get back to the employer with a different price offering and they can negotiate on terms and details of the agreement before starting a contract”, (Para 0074) “The employer may directly offer a contract to any potential employee on the platform... write an offer letter”,]
While Taleb teaches collecting and providing various data it does not explicitly teach collecting cryptocurrency and NFT information
and cryptocurrency information
and applicant NFT portfolio
cryptocurrency wallet information
However, Shook teaches:
and cryptocurrency information; [(Para 0009) “The method processes a transaction based on the buy order and the smart contract associated with the job by generating a compensation for the transaction in response to a successful job completion… the method transmits the compensation to the primary laborer device using the predetermined amount of cryptographic tokens”]
cryptocurrency wallet information [(Para 0009) “The method processes a transaction based on the buy order and the smart contract associated with the job by generating a compensation for the transaction in response to a successful job completion… the method transmits the compensation to the primary laborer device using the predetermined amount of cryptographic tokens”]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method collecting and providing data such as payment information wallet information taught by Taleb, with the use of cryptocurrency as the form of payment taught by Shook. Simply substituting the payment information for crypto compatible payment taught in Shook would have yielded predictable results. Simple substitution of one known element for another producing a predictable result renders the claim obvious.
While Taleb in view of Shook teach collecting and providing various types of information, they do not explicitly teach providing NFT information:
and applicant NFT portfolio
However, Morris teaches:
and applicant NFT portfolio [(Para 0008) According to the present disclosure, it is an objective of the present disclosure to provide a system that enables the jobseekers to generate digital employability assets (also referred to as “talent portfolios”) and share their verified employability assets in a digital labor marketplace to seek job opportunities” (Para 0061) “Once the digital user profile record 110 is created, the digital user profile is minted into NFT 114 by using a block chain technology, where the minting associates the NFT 114 with a unique digital identity identifier of the user that may acts as a digital authentication certificate for the user.” ]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method collecting and providing various information taught by Taleb in view of Shook, with the method of collecting and providing NFT information Morris. Creating and displaying an NFT portfolio for the user’s work experience on the existing block chain taught by Taleb in view of Shook, would yield predictable results in storing and showing employee data. One of ordinary skill in the art would recognize the combination would result in an improved system allowing for verifiable employer skills to be provided with NFT portfolios.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Taleb (US 20240311769 A1) in view of Shook (US 20220180416 A1) in further view of Stein (WO 2019239086 A1).
Regarding Claim 9, Taleb in view of Shook teach the limitations set forth above
While Taleb in view of Shook teach a method of job matching utilizing blockchain, smart contracts, and tokens, they do not explicitly teach creating a token to store accumulated time:
creating a token to store accumulated time in the smart contract job
However, Stein teaches:
comprising creating a token to store accumulated time in the smart contract job. [(Figure 8), (Page 2, Lines 3-6) “Preferably, the initialisation step comprises assigning a contract identifier, based on the smart contract, to the token. This assignment allows the token to be easily linked to a smart contract so that it can only be used for the purposes defined within the smart contract.” (Page 2, Lines 10-14) “Preferably the extracted data comprises at least one of: a receiving party; a sending party; an amount of a transaction; a date of a transaction; a currency used by a receiving party; a currency used by a sending party; contractual terms; and a completion time. These features are useable to define certain aspects of a transaction and may be recorded for review before, during, and/or after completion of a contract.”]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the method of job matching utilizing blockchain, smart contracts, and tokens, taught by Taleb in view of Shook, with the method of creating a token to store accumulated time taught by Stein. Tokenizing other data like time in the smart contract on the already existing block chain taught by Taleb in view of Shook, would yield predictable results in the storage of data. One of ordinary skill in the art would recognize the combination would result in a predictable improved system.
Regarding Claim 10, Taleb in view of Shook in view of Stein teach the limitations set forth above, Taleb further teaches:
Entering the location of the job [(Para 0018) “In one embodiment, the employer creates a job post with title and description, categories, requirements, language and job location”]
While Taleb teaches entering location of the job, it does not teach entering it into a smart contract, or teach recording and displaying time as a token
comprising entering into a smart contract
and a record of time a