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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claims are directed to a judicial exception, in this case the exception is an abstract idea (see MPEP 2016.03).
Independent Claims 1, 9, and 17
Step 2A – Prong One:
The recited claim limitations can be performed through pen and paper to set a prime configuration as a predefined set of data fields for the construction data objects in a construction project. Additionally, this abstract idea is recited where the claim limitations recite creating the data objects. Alternatively, the limitations also recite a certain method of organizing human activity by managing personal relationships and interactions between people. This abstract idea is usually performed by a project manager who oversees construction projects including collaboration across multiple stakeholders involved in a construction management project. Claims 1, 9, and 17 recite an abstract idea.
Step 2A – Prong Two:
The scope of the independent claim limitations incorporate the following additional elements:
a network interface; a processor; a non-transitory computer-readable medium; program instructions; data objects; and end-user device
These additional elements listed above, whether viewed individually or as a combination of these elements, amount to nothing more than simply state the abstract idea while adding the words ‘apply it’, MPEP 2106.05(f). The system elements, such as a processor and user devices to implement the abstract idea amount to mere instructions to apply it using generic computer components performing generic computer functions. Further additional elements recite generally implemented computer processes like receiving and displaying data objects. Additionally, one of ordinary skill in the art would view the utilization of a prime configuration is recited at a high level of generality amount to nothing more than instructions to apply the abstract idea without any improvement to technology, technical field, or to the functioning of the computer itself.
Therefore, the additional elements, whether evaluated individually or in combination, fail to integrate the recited abstract idea into a practical application. The claimed invention is directed to an abstract idea.
Step 2B
Under Step 2B of the patent eligibility analysis, the combination of additional elements is evaluated to determine whether they amount to something “significantly more” than the recited abstract idea of developing a prime configuration to manage the data elements in a construction project. The claim does not include additional elements that amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception using a generic computer component to perform generic computer functions. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Claims 1, 9, and 17 are not patent eligible.
Dependent Claims –
Claims 2, 3, 10, 11, and 18 further recite the additional element of a prime configuration comprising of a predefined set of data fields, with predefined values for the respective data fields, for at least one type of data object. This additional element, whether considered individually or in combination, does not integrate the abstract idea into a practical application because the inclusion of predefined data fields does not add significantly more to apply the abstract idea.
Claims 4, 5, 12, 13, and 19 further recite the additional element of a prime configuration comprising of a predefined set of location entities within a construction project, with respective names for the location entities. Additionally, the extension of the prime configuration will comprise of sublocations. These additional elements, whether considered individually or in combination, do not integrate the abstract idea into a practical application because the incorporation of location entities into the prime configuration and the extension of the prime configuration do not add significantly more to apply the abstract idea.
Claims 6, 7, 14, and 15 further recite the additional elements of a workflow and of a prime configuration comprising of a predefined set of steps to complete a workflow. Additionally, the extension of the prime configuration will comprise of at least one step to complete the workflow. These additional elements, whether considered individually or in combination, do not integrate the abstract idea into a practical application because the incorporation of workflow into the prime configuration and the extension of the prime configuration do not add significantly more to apply the abstract idea.
Claims 8, 16 and 20 further recite the additional elements to receive a second extension of the prime configuration from a third user and then display the information on the first, second and third user device. These additional elements, whether considered individually or in combination, do not integrate the abstract idea into a practical application because receiving prime configuration information and displaying the information on user devices do not add significantly more to apply the abstract idea.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 – 20 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Karabin et al, US Patent Application Publication US 2015/0371168 A1, herein referred to as “Karabin”.
Regarding Claims 1, 9, and 17, Karabin teaches the following limitations:
receive, from a first end-user device associated with a first user account, a prime configuration for at least one type of data object related to a construction project
(¶0107) the project management module performs or manages aspects of the project including project scheduling, communication, data visualization, and workflow; the project management module contains project settings, rules, characteristics, parameters, etc.
Also refer to (¶00127) user may build a first level (prime configuration) which will be used to organize and subdivide all project information
cause all data objects of the at least one type of data object related to the construction project to be created in accordance with at least the prime configuration
(¶00127) user may build a first level (prime configuration) which will be used to organize and subdivide all project information
receive, from a second end-user device associated with a second user account, an extension to the prime configuration for the at least one type of data object; and
(¶0128) a user may build a second level of ‘places’ (extension of the prime configuration) within each first level (prime configuration) to build out a hierarchical place-based structure to capture and display information
Under the broadest reasonable interpretation, “a second-level of ‘places’ within the first level” in the Karabin teachings anticipates the “extension of the prime configuration” in the current application.
after receiving, from the second end-user device, the extension to the prime configuration:
cause a given data object of the at least one type of data object to be displayed via the second end-user device in accordance with (i) the prime configuration and (ii) the extension to the prime configuration
(¶0128, Fig. 1, Fig. 3a and Fig. 3b) a user may build (create) a second level of ‘places’ within each first level (prime configuration) to build out a hierarchical place-based structure to capture and display information
cause the given data object to be displayed via the first end-user device in accordance with the prime configuration but not the extension to the prime configuration
(¶0128, Fig. 1 and Fig. 3a) a user may build (create) a second level of ‘places’ within each first level (prime configuration) to build out a hierarchical place-based structure to capture and display information
Regarding Claims 2 and 10, Karabin teaches all of the limitations recited above as well as the following limitations:
wherein the prime configuration comprises a predefined set of data fields for the at least one type of data object, and wherein the extension to the prime configuration comprises at least one additional data field for the at least one type of data object
(¶0127) a user may build (create) a first level of ‘place’ (prime configuration) to organize and subdivide all project information to which it pertains
Regarding Claims 3 and 11, Karabin teaches all of the limitations recited above as well as the following limitations:
wherein the prime configuration comprises a respective predefined set of values for each data field in the predefined set of data fields for the at least one type of data object, and wherein the extension to the prime configuration comprises a predefined set of additional values for the at least one additional data field.
(¶0128) a user may build (create) a second level of ‘places’ within each first level (prime configuration) to build out a hierarchical place-based structure to capture and display information; each space is assigned a unique identifier
Regarding Claims 4 and 12, Karabin teaches all of the limitations recited above as well as the following limitations:
wherein the at least one type of data object is a location entity within the construction project, and wherein the prime configuration comprises (i) a predefined set of location entities within the construction project and (ii) a respective location name for each location entity in the predefined set of location entities
(¶0111) the project place module allows a user to define project locations and manages location-centric information as it relates to the project resource locations and sub-locations
Also refer to (¶0119) the database has a location-centric hierarchical structure of project information
Regarding Claims 5 and 13, Karabin teaches all of the limitations recited above as well as the following limitations:
wherein the extension to the prime configuration comprises (i) at least one sub-location entity for a given location entity in the predefined set of location entities and (ii) a respective sub-location name for the at least one sub-location entity
(¶0111) the project place module allows a user to define project locations and manages location-centric information as it relates to the project resource locations and sub-locations
Also refer to (¶0119) the database has a location-centric hierarchical structure of project information
Regarding Claims 6 and 14, Karabin teaches all of the limitations recited above as well as the following limitations:
wherein the at least one type of data object is a workflow, and wherein the prime configuration comprises a predefined set of steps to complete the workflow
(¶00120-21 and Fig. 3b, Fig. 3c, and Fig. 4) a database has place-centric hierarchical structure of project information (prime configuration and extensions); the project information can be captured, organized, and interacted with in a workflow process to enhance user workflows
Regarding Claims 7 and 15, Karabin teaches all of the limitations recited above as well as the following limitations:
Wherein the extension to the prime configuration comprises at least one additional predefined step to complete the workflow
(¶0120, Fig. 3b, and Fig. 3c) information is stored in a database using place-centric hierarchical information structure to capture and then assign project information elements to a place (level); the place centric assignment of information occurs in one or more positions in the user’s workflow; data or information can be re-assigned automatically or manually
Regarding Claims 8, 16 and 20, Karabin teaches all of the limitations recited above as well as the following limitations:
wherein the extension is a first extension, the computing platform further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the computing platform is configured to:
(¶0006)
receive, from a third end-user device associated with a third user account, a second extension to the prime configuration for the at least one type of data object; and
(¶0130 and Fig. 12) information associated with the first level of a place (prime configuration) further compromises sub-places (extensions), contained by accordions representing the first level place of the project and the subsequent sub-places
after receiving the first extension and the second extension to the prime configuration:
cause the given data object to be displayed via the third end-user device in accordance with (i) the prime configuration, (ii) the first extension to the prime configuration, and (iii) the second extension to the prime configuration;
(¶0130 and Fig. 12) information associated with the first level of a place (prime configuration) further compromises sub-places, contained by accordions representing the first level place of the project; displaying information in intermediate portions as they pertain to a place
cause the given data object to be displayed via the second end-user device in accordance with (i) the prime configuration and (ii) the first extension to the prime configuration but not the second extension to the prime configuration; and
(¶0130-32, Fig. 1, and Fig. 12) information associated with the first level of a place (prime configuration) further compromises sub-places, contained by accordions representing the first level place of the project; displaying information in intermediate portions as they pertain to a place
Also refer to MPEP 2144.04.(VI).B – Duplication of Parts
cause the given data object to be displayed via the first end-user device in accordance with the prime configuration but not the first extension or the second extension to the prime configuration
(¶0130-32, Fig. 1, and Fig. 12) information associated with the first level of a place (prime configuration) further compromises sub-places, contained by accordions representing the first level place of the project; displaying information in intermediate portions as they pertain to a place
Also refer to MPEP 2144.04. (VI).B – Duplication of Parts
Regarding Claim 18, Karabin teaches all of the limitations recited above as well as the following limitations:
wherein the prime configuration comprises (i) a predefined set of data fields for the at least one type of data object and (ii) a respective predefined set of values for each data field in the predefined set of data fields for the at least one type of data object
(¶0127) a user may build a first level of ‘place’ (prime configuration) to organize and subdivide all project information to which it pertains
wherein the extension to the prime configuration comprises (i) at least one additional data field for the at least one type of data object and (ii) a predefined set of additional values for the at least one additional data field
(¶0128) a user may build (create) a second level of ‘places’ within each first level (prime configuration) to build out a hierarchical place-based structure to capture and display information; each space is assigned a unique identifier
Regarding Claim 19, Karabin teaches all of the limitations recited above as well as the following limitations:
wherein the at least one type of data object is a location entity within the construction project, wherein the prime configuration comprises (i) a predefined set of location entities within the construction project and (ii) a respective location name for each location entity in the predefined set of location entities
(¶0111) the project place module allows a user to define project locations and manages location-centric information as it relates to the project resource locations and sub-locations
Also refer to (¶0119) the database has a location-centric hierarchical structure of project information
wherein the extension to the prime configuration comprises (i) at least one sub-location entity for a given location entity in the predefined set of location entities and (ii) a respective sub-location name for the at least one sub-location entity.
(¶0111) the project place module allows a user to define project locations and manages location-centric information as it relates to the project resource locations and sub-locations
Also refer to (¶0119) the database has a location-centric hierarchical structure of project information
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAHUL SHARMA whose telephone number is (571) 272-3058. The examiner can normally be reached Monday thru Friday, 9-6pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Uber can be reached at (571) 270-3923. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/RAHUL SHARMA/Examiner, Art Unit 3626
/NATHAN C UBER/Supervisory Patent Examiner, Art Unit 3626
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