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 .
Status of the Application
This action is a first action on the merits in response to the application filed on 10/04/2023.
Status of Claims
Claims 1-2 filed on 10/04/2023 are currently pending and have been examined in this application.
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 1-2 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, claims 1-2 are directed to an abstract idea without additional elements to integrate the claims into a practical application or to amount to significantly more than the abstract idea.
Claims 1-2 are directed to a process, machine, or manufacture (Step 1), however the claims are directed to the abstract idea of matching user with job opening and providing pathway to obtain the job.
With respect to Step 2A Prong One of the frameworks, claim 1 recites an abstract idea. Claim 1 includes limitations for “obtaining information about a plurality of users and a plurality of opportunities; based on the information, matching individual users with corresponding opportunities, including determining a likelihood that the user will be hired for the opportunity”
The limitations above recite an abstract idea under Step 2A Prong One. More particularly, the limitations above recite Mental Process because an ordinary skilled in the art can reasonably analyze resume data and job data and provide pathway recommendations. As a result, claim 1 recites an abstract idea under Step 2A Prong One.
Claim 2 recites a Mental Process because the claimed elements describe a process for matching user with job opening and providing pathway to obtain the job. As a result, claim 2 recites an abstract idea under Step 2A Prong One.
With respect to Step 2A Prong Two of the framework, claim 1 does not include additional elements that integrate the abstract idea into a practical application. Claim 1 includes additional elements that do not recite an abstract idea. The additional elements of claim 1 include “A computing system comprising: one or more processors; a memory to store a set of instructions; wherein the one or more processors”. When considered in view of the claim as a whole, the step of “obtaining” does not integrate the abstract idea into a practical application because “obtaining” is an insignificant extra solution activity to the judicial exception. When considered in view of the claim as a whole, the recited computer elements do not integrate the abstract idea into a practical application because the computer elements are generic computer elements that are merely used as a tool to perform the recited abstract idea. As a result, claim 1 does not include additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
Claim 2 does not include any additional elements beyond those recited by independent claim 1. As a result, claim 2 does not include additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
With respect to Step 2B of the framework, claim 1 does not include additional elements amounting to significantly more than the abstract idea. As noted above, claim 1 includes additional elements that do not recite an abstract idea. The additional elements of claim 1 include “A computing system comprising: one or more processors; a memory to store a set of instructions; wherein the one or more processors”. The step of “obtaining” does not amount to significantly more than the abstract idea because “obtaining” is well-understood, routine, and conventional computer function in view of MPEP 2106.05(d)(ll). The recited computer elements do not amount to significantly more than the abstract idea because the computer elements are generic computer elements that are merely used as a tool to perform the recited abstract idea. As a result, claim 1 does not include additional elements that amount to significantly more than the abstract idea under Step 2B.
Claim 2 does not include any additional elements beyond those recited by independent claim 1. As a result, claim 2 does not include additional elements that amount to significantly more than the abstract idea under Step 2B.
Therefore, the claims are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea. Accordingly, claims 1-2 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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 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 1-2 are rejected under 35 U.S.C. 102 (a) (2) as being anticipated by Ortiz III (US 20150088774 A1).
Regarding claim 1. Ortiz teaches A computing system comprising: one or more processors; a memory to store a set of instructions; wherein the one or more processors perform operations that include: [Ortiz, para. 0004 Ortiz teaches “An example apparatus, system and method is provided for generating an adaptive career pathway for an individual, In an example, the apparatus or system can include at least one communication interface, at least one memory to store processor-executable instructions, and at least one processing unit, communicatively coupled to the at least one communication interface and the at least one memory”] obtaining information about a plurality of users and a plurality of opportunities; based on the information, matching individual users with corresponding opportunities, including determining a likelihood that the user will be hired for the opportunity [Ortiz, Abstract Ortiz teaches “(A) receive data indicative of two or more of an educational level, a skill level, a personality metric, a residence location, a score in an educational course, a score in a vocational course, a job location, and a skill set selected by the individual; (B) compute an assessment vector associated with the individual based on the received data; (C) perform a GAP analysis to compare the assessment vector to a database of job taxonomy vectors, wherein each job taxonomy vector comprises data indicative of deconstruction parameters associated with a specified job” wherein receiving user’s data and job data. See also para. 0028 “The example career pathway can include at least one of a skills assessment of the individual, a recommendation of certificate training for the individual, and job matching” wherein job matching. See also “an employability score” wherein likelihood to be hired].
Regarding claim 2. wherein the operations further comprise: for a given user, determining, based on the matchings and the information, an action pathway to facilitate the given user in meeting an objective at a future time interval [Ortiz, claim 1 Ortiz teaches “An apparatus for generating an adaptive career pathway for an individual”].
Conclusion
Any inquiry concerning this communication from the examiner should be directed to Abdallah El-Hagehassan whose telephone number is (571) 272-0819. The examiner can normally be reached on Monday- Friday 8 am to 5 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rutao Wu can be reached on (571) 272-6045. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-3734.
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/ABDALLAH A EL-HAGE HASSAN/
Primary Examiner, Art Unit 3623