DETAILED ACTION
This communication is a Final Office Action rejection on the merits. Claims 1-6, 13-18, and 21-26 and are currently pending and have been addressed below.
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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-18 in the reply filed on 02/28/2025 is acknowledged.
Response to Arguments
Applicant's arguments filed 08/13/2025 have been fully considered but are moot in view of new grounds of rejection. Applicant's amendments necessitated the new ground(s) of rejection presented in this Office action. Rejection based on a newly cited reference(s) follows.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The term "significant" in claims 5 and 17 is a relative term which renders the claim indefinite. The term "significant" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In a jobsite management system, a significant event may be any event that requires an action from a supervisor or a worker (e.g., timesheet approval, low performance, training, reassignment of workers due to changes in availability, etc.). For examination purposes, the term “significant” has been construed to be a notification or indication of timesheet approval.
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 1-6, 13-18, and 21-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. an abstract idea) without reciting significantly more.
Independent Claim 1
Step One - First, pursuant to step 1 in the January 2019 Revised Patent Subject Matter Eligibility Guidance (“2019 PEG”) on 84 Fed. Reg. 53, the claim 1 is directed to a system which is a statutory category.
Step 2A, Prong One - Claim 1 recites: A system comprising: storing information related to a pool of available workers having different skills, and storing information related to operations management at respective job sites: to perform operations comprising: write requirement data for a job responsive to input received; assign a set of workers within the pool of available workers to a job roster using the requirement data such that the set of workers are designated as unavailable, the set of workers assigned to work on different aspects of the job at different times as the job progresses; process payroll data for the set of workers collectively as jobsite payroll batch data to drive paycheck creation for the set of workers as the job progresses: and initiate a layoff/payoff process for a subset of workers in the job roster that complete respective assignments as the job progresses, the layoff/payoff process to: selectively pull payroll data for the subset of workers from the jobsite payroll batch data to drive paycheck creation for the subset of workers independent of other workers in the job roster; and remove the subset of workers from the job roster in the job record such that each worker in the subset of workers is designated as available for reassignment. These claim elements are considered to be abstract ideas because they are directed to “certain methods of organizing human activity” which include “managing interactions between people.” In this case, assigning a plurality of workers having different skills working to a job roster using the job requirement data is a form of managing interactions between people because it allows a user to manage jobs requiring workers having different skills working on different aspects of the job (see Applicant’s specification, Paragraph 0019). If a claim limitation, under its broadest reasonable interpretation, covers managing interactions between people, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A Prong 2 - The judicial exception is not integrated into a practical application. Claim 1 includes additional elements: a worker dataset; a job record in the job dataset; a memory; a processor circuit; a user interface (UI), and user-selectable input screens.
The worker dataset is merely used to store information related to a pool of available workers having different skills (Paragraph 0034). The job record in the job dataset is merely used to store information related to operations management at respective job sites (Paragraph 0035, job requirements). The memory is merely used to store instructions and data (Paragraph 0064). The processor circuit is merely used to execute instructions (Paragraph 0058). The UI is merely used to present a user interface that includes a plurality of user-selectable input screens (Paragraph 0057). The plurality of user-selectable input screens is merely used to receive user input regarding employee onboarding, flexible staffing and workflow management, time entry/payroll support, significant event reporting, and medical protocol management (Paragraph 0057). Merely stating that the step is performed by a computer component results in “apply it” on a computer (MPEP 2106.05f). The “datasets,” “memory,” “processor,” and the “UI” are recited at a high level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer element. Also, the dataset is considered “field of use” since the dataset is not improved, and that data is just placed there (MPEP 2106.05h). Further, the GUI is also considered “field of use” since it’s just used to receive inputs from a user, but the interface is not improved (MPEP 2106.05h). Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Therefore, the claims are directed to an abstract idea.
Step 2B - The claim does not include additional elements that are sufficient to amount significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the claims describe how to generally “apply” the concept of assigning a plurality of workers having different skills working to a job roster using the job requirement data. The specification shows that the worker dataset is merely used to store information related to a pool of available workers having different skills (Paragraph 0034). The job record in the job dataset is merely used to store information related to operations management at respective job sites (Paragraph 0035, job requirements). The memory is merely used to store instructions and data (Paragraph 0064). The processor circuit is merely used to execute instructions (Paragraph 0058). The UI is merely used to present a user interface that includes a plurality of user-selectable input screens (Paragraph 0057). The plurality of user-selectable input screens is merely used to receive user input regarding employee onboarding, flexible staffing and workflow management, time entry/payroll support, significant event reporting, and medical protocol management (Paragraph 0057). Also, the dataset is the GUI is considered a conventional computer function of “receiving and transmitting over a network” and “storing information in a memory” (see MPEP 2106.05d). Further, instructions to display and/or arrange information in a graphical user interface may not be sufficient to show an improvement in computer-functionality (MPEP 2106.05a). Thus, nothing in the claim adds significantly more to an abstract idea. The claim is ineligible.
Independent claim 13 is directed to an article of manufacture at step 1, which is a statutory category. Claim 13 recites similar limitations as claim 1 and is rejected for the same reasons at step 2a, prong one; step 2a, prong 2; and step 2b. Thus, the claim is ineligible.
Independent claim 21 is directed to an apparatus at step 1, which is a statutory category. Claim 21 recites similar limitations as claim 1 and is rejected for the same reasons at step 2a, prong one; step 2a, prong 2; and step 2b. Thus, the claim is ineligible.
Dependent claims 2 and 14 are not directed to any additional claim elements. Rather, these claims offer further descriptive limitations of the abstract idea mentioned above - such as: “processing payroll actions.” The payroll processing is merely used to provide a full centralized billing functionality for an entire job and may provide output that includes activity and progress reporting, as well as direct invoicing for end customers (Paragraph 0051). Merely stating that the step is performed by a computer component results in “apply it” on a computer (MPEP 2106.05f) being applicable at both Step 2A, Prong 2 and Step 2B. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, nothing in the claim adds significantly more to an abstract idea. The claim is ineligible.
Dependent claims 3 and 15 are not directed to any additional claim elements. Rather, these claims offer further descriptive limitations of elements found in the independent claims and addressed above - such as wherein the UI presents a plurality of components comprising an operations management platform; a time tracking platform; a self-service portal; an integrated learning management system; and a third-party billing platform. The operations management platform is merely used to provide a collection of screens and user-selectable options that allow a user to plan, provision, and to track job performance metrics (Paragraph 0028). The time tracking platform is merely used to keep track of time associated with a given project (Paragraph 0024). The self-service portal is merely used to allow workers to update personal information and manage their work schedule (Paragraph 0054). The integrated learning management system is merely used to view status of crew training on a single, integrated dashboard which greatly improves informed decision-making (Paragraph 0056). The third-party billing platform is merely used to track third-party work hours and to either allow internal payroll processing, or to directly submit third-party work hours to a third-party payroll system (Paragraph 0051). These platforms are considered “field of use” (MPEP 2106.05h) at step 2A, Prong 2; as they are just used to receive information and does not improve the interface. The platforms are considered “insignificant extra-solution activity” (MPEP 2106.05g) at Step 2B, “mere data gathering” (MPEP 2106.05g) to use it for planning and managing a crew of workers. Thus, nothing in the claim adds significantly more to an abstract idea. The claim is ineligible.
Dependent claims 4 and 16 are directed to an additional element such as: an Enterprise Resource Planning (ERP). The ERP system. The ERP is merely used to feed and/or pull data from multiple components (Paragraph 0020). Merely stating that the step is performed by a computer component results in “apply it” on a computer (MPEP 2106.05f) being applicable at both Step 2A, Prong 2 and Step 2B. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, nothing in the claim adds significantly more to an abstract idea. The claim is ineligible.
Dependent claims 5 and 17 are not directed to any additional claim elements. Rather, these claims offer further descriptive limitations of elements found in the independent claims and addressed above - such as wherein the UI presents a dashboard screen providing user-selectable menus. The dashboard screen is merely used to help a user see a big picture view of all the information provided by the software interface. (Paragraph 0022). This is considered “field of use” (MPEP 2106.05h) at step 2A, Prong 2; as it’s just used to receive and display information, but does not improve the interface. At step 2B, instructions to display and/or arrange information in a manner that assists users in processing information more quickly is not sufficient to show an improvement in computer functionality (see MPEP 2106.05a). Thus, nothing in the claim adds significantly more to an abstract idea. The claim is ineligible.
Dependent claims 6 and 18 are not directed to any additional claim elements. Rather, these claims offer further descriptive limitations of elements found in the independent claims and addressed above - such as wherein the UI presents an operations management screen. The operations management screen is merely used to provide a collection of screens and user-selectable options that allow a user to plan, provision, and to track job performance metrics. (Paragraph 0028). This is considered “field of use” (MPEP 2106.05h) at step 2A, Prong 2; as it’s just used to receive and display information, but does not improve the interface. At step 2B, instructions to display and/or arrange information in a manner that assists users in processing information more quickly is not sufficient to show an improvement in computer functionality (see MPEP 2106.05a). Thus, nothing in the claim adds significantly more to an abstract idea. The claim is ineligible.
Dependent claims 22-26 are not directed to any additional claim elements. Rather, these claims offer further descriptive limitations of elements found in the independent claims and addressed above - such as wherein the processor is configured to: initiate the layoff/payoff process to selectively pull payroll data for the subset of workers from jobsite payroll batch data in the job record to drive paycheck creation for the subset of workers independent of other workers in the job roster; validate input data received via the UI for the job record prior to writing the requirement data to the job record; detect invalid data received via the UI for the job record prior to writing the requirement data to the job record; grant an external system access to write third-party time data; and populate the UI with an interface element that provides a single-entry point within the system for creating job rosters. The additional functions of the UI are considered “field of use” (MPEP 2106.05h) at step 2A, Prong 2; as they’re just used to receive and display information (e.g., input job requirements & replace invalid data for valid data), but the interface is not improved. At step 2B, instructions to display and/or arrange information in a manner that assists users in processing information more quickly is not sufficient to show an improvement in computer functionality (see MPEP 2106.05a). Further, the functions of “paycheck creation” and “grant access” are just basic computer functions known in the art (MPEP 2106.05(d)). Thus, nothing in the claim adds significantly more to an abstract idea. The claim is ineligible.
Claim Rejections - 35 USC § 103
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-5, 13-14, 16-17, and 21-26 are rejected under 35 U.S.C. 103 as being unpatentable over Chuang et al. (US 2018/0232703 A1), in view of McQueen et al. (US 2011/0288900 A1).
Regarding claim 1 (Currently Amended), Chuang et al. discloses a system comprising (Paragraph 0006, According to some embodiments, systems involve components that integrate functions performed by computer systems and/or software applications used by employers, staffing firms, and various service delivery consultants. Certain components integrate and consolidate workflows between such entities to perform placements of workers to a client, complete onboarding requirements, process timesheets, perform invoicing and reporting functions, among other functions and operations):
a jobsite management database that includes a worker dataset (Figure 1, item 104, worker database) and a job dataset (Paragraph 0119, store a record for the job in a database of the exchange system 302), the worker dataset storing information related to a pool of available workers having different skills (Paragraph 0071, In some embodiments, the exchange component may maintain a pool of temporary worker records in a database of the system. The exchange component may maintain, in the pool, a temporary worker record for each of multiple temporary workers who are available as candidates for a job requisition (e.g., the new job requisition); Paragraph 0102, In another embodiment, the exchange system may automatically match a stored worker record to the job requisition. The exchange system may match the stored worker record based on a past history of the worker working for a respective employer, skills of the worker relative to the job requisition, and/or other factors), and the job dataset storing information related to operations management at respective job sites (Paragraph 0005, it is appreciated that there may be various functions for effectively coordinating between multiple computer systems for placement of temporary workers among a number of employers and sites; Paragraph 0070, The exchange component may store information about the new job requisition in the newly generated record (e.g., skill requirement information, start date, location, salary, term of employment); Paragraph 0119, According to one embodiment, as shown at block 305, an employer may create a temporary job requisition and a corresponding job entry may be posted to the exchange system. In some embodiments, the employer may create a job requisition in the employer computer system 301. Next, at block 306, the employer computer system 301 may transmit the job requisition to the exchange system 302. The employer computer system 301 may, for example, transmit the job requisition to the exchange system as described above with reference to FIG. 1 and FIG. 2 (e.g., via an API of the exchange system 302). Responsive to the posting, at block 308, the exchange system 302 may analyze the job. The exchange system 302 may, for example, analyze the job as described above with reference to FIG. 2. For example, the exchange system 302 may identify one or more attributes of the job (e.g., a title, start date, end date, salary, billing rate, required skills) and further store a record for the job in a database of the exchange system 302. The exchange system 302 may further analyze the job for validity (e.g., to validate dates)):
memory storing instructions and a processor circuit operably coupled to the memory and the jobsite management database, the processor circuit being configured to perform operations comprising (Paragraph 0079, FIG. 1 shows a block diagram of a distributed computer system 100 capable of implementing various aspects of the present invention. In particular, distributed system 100 includes an exchange system 101 that integrates multiple disparate computer systems and facilitates management functions with respect to the placement, tracking and management of workers (e.g., temporary workers) among a number of different clients (e.g., client A (110A), client B (110B), and client C (110C)); Paragraph 0187, The memory 1512 stores programs (e.g., sequences of instructions coded to be executable by the processor 1510) and data during operation of the computer system 1502; Paragraph 0188, The interconnection element 1514 enables communications, including instructions and data, to be exchanged between system components of the computer system 1502):
write requirement data for a job to a job record in the job dataset responsive to input received via a user interface (UI) of the system (Paragraph 0094, FIG. 9 illustrates an example user interface 900 that the exchange may provide to an employer computer system to create a job listing. In some embodiments, the employer may enter information such as a requisition type (e.g., contingent, permanent, contract), a job title, a job location, a bill rate range, a pay rate range, a target start date, a target end date, a duration of employment, a number of positions that are to be filled, an exemption status, and/or identification (e.g., a name) of a hiring manager. In some embodiments, the exchange may further provide the employer with an ability to indicate whether the exchange should allow for staffers and/or prospective workers to bid for different billing rates or ranges than specified in the requisition. The exchange interface may also allow the employer to enter other information such as an urgency for the job, minimum education requirements, expected number of hours per week, who the position reports to, required skills for the job, and/or preferred skills for the job; Paragraph 0119, The exchange system 302 may, for example, analyze the job as described above with reference to FIG. 2. For example, the exchange system 302 may identify one or more attributes of the job (e.g., a title, start date, end date, salary, billing rate, required skills) and further store a record for the job in a database of the exchange system 302);
assign a set of workers within the pool of available workers to a job roster in the job record using the requirement data such that the set of workers are designated as unavailable in the worker dataset (Paragraph 0071, In some embodiments, the exchange component may maintain a pool of temporary worker records in a database of the system. The exchange component may maintain, in the pool, a temporary worker record for each of multiple temporary workers who are available as candidates for a job requisition (e.g., the new job requisition); Paragraph 0102, In another embodiment, the exchange system may automatically match a stored worker record to the job requisition. The exchange system may match the stored worker record based on a past history of the worker working for a respective employer, skills of the worker relative to the job requisition, and/or other factors), the set of workers assigned to work on different aspects of the job … as the job progresses (Paragraph 0065, By integrating the disparate computer systems and software applications used by the multiple entities, the system may enable performance of the post placement functions. Further, post placement activities may also include collecting data related to a worker's performance from an employer and/or worker computer system and using the data to automatically distribute funds to a staffing firm (e.g., a recruiter); Paragraph 0126, A timesheet may comprise a record of work performed by the worker. The timesheet may, for example, include information about time spent on one or more tasks, dates of time worked, vacation time taken, paid time off, and/or other information);
process payroll data for the set of workers collectively as jobsite payroll batch data stored in the job record to drive paycheck creation for the set of workers as the job progresses (Paragraph 0176, In some embodiments, the exchange system 802 may collect information received from submission of timesheets. For example, the exchange system 802 may collect payroll information based on the timesheets. The exchange system 802 may transmit the payroll information to the consultant system 803. The consultant system 803 may, at block 814, collect the payroll information and send it to the staffing firm system 804. At block 816, the staffing firm may receive the payroll information; Paragraph 0177, At block 818, the exchange system 802 may use approved timesheets to generate invoice items. Invoice items may comprise information (e.g., data related to time worked, date worked, and other information) that is to be used for generating an invoice. At block 820, the exchange system 802 may generate an invoice(s). Such invoices may be created periodically by the exchange system 802 based on approved timesheets that are entered within the system. For example, on a particular billing day, the exchange system 802 may generate an invoice. At block 826, the exchange system 802 may transmit a generated invoice to an employer for processing. For example, the exchange system 802 may transmit the generated invoice to an automatic payment (AP) system. The employer may process the payment at block 828 and then issue the payment at block 830);
and initiate a layoff/payoff process for a subset of workers in the job roster that complete respective assignments as the job progresses, the layoff/payoff process to: selectively pull payroll data for the subset of workers from the jobsite payroll batch data to drive paycheck creation for the subset of workers independent of other workers in the job roster (Paragraph 0176, In some embodiments, the exchange system 802 may collect information received from submission of timesheets. For example, the exchange system 802 may collect payroll information based on the timesheets. The exchange system 802 may transmit the payroll information to the consultant system 803. The consultant system 803 may, at block 814, collect the payroll information and send it to the staffing firm system 804. At block 816, the staffing firm may receive the payroll information; Paragraph 0177, At block 818, the exchange system 802 may use approved timesheets to generate invoice items. Invoice items may comprise information (e.g., data related to time worked, date worked, and other information) that is to be used for generating an invoice. At block 820, the exchange system 802 may generate an invoice(s). Such invoices may be created periodically by the exchange system 802 based on approved timesheets that are entered within the system. For example, on a particular billing day, the exchange system 802 may generate an invoice. At block 826, the exchange system 802 may transmit a generated invoice to an employer for processing. For example, the exchange system 802 may transmit the generated invoice to an automatic payment (AP) system. The employer may process the payment at block 828 and then issue the payment at block 830; It can be noted that the claim language is written in alternative form. The limitation taught by Chuang et al. is based on “initiate a payoff process");
and remove the subset of workers from the job roster in the job record such that each worker in the subset of workers is designated as available for reassignment in the worker dataset (Paragraph 0071, In some embodiments, the exchange component may maintain a pool of temporary worker records in a database of the system. The exchange component may maintain, in the pool, a temporary worker record for each of multiple temporary workers who are available as candidates for a job requisition (e.g., the new job requisition); Paragraph 0083, A timesheet may comprise any record of work performed by a worker. For example, the timesheet may include an amount of time worked by the worker, dates worked by the worker, an identification of the worker, and/or any other information. A timesheet, as used herein, may comprise a timecard, work record, clock card, work log, time chart, or any other record of work; Paragraph 0084, The worker database 104 may store data records associated prospective workers, hired workers, and past workers. In some embodiments, the exchange system 101 may further organize worker records into pools of workers in the database 104. For example, exchange system may store, in the database 104, a plurality of temporary worker records (e.g., worker record 103) associated with temporary worker pool 102. According to some embodiments, the exchange system 101 enables multiple different entities to create, store, and/or update worker records in the database 104; Paragraph 0094, In some embodiments, the employer may enter information such as a requisition type (e.g., contingent, permanent, contract), a job title, a job location, a bill rate range, a pay rate range, a target start date, a target end date, a duration of employment, a number of positions that are to be filled, an exemption status, and/or identification (e.g., a name) of a hiring manager. The exchange interface may also allow the employer to enter other information such as an urgency for the job, minimum education requirements, expected number of hours per week, who the position reports to, required skills for the job, and/or preferred skills for the job.; Paragraph 0117, Although example embodiments are discussed herein with reference to temporary workers, embodiments are not limited to managing any particular type of worker. The processes described herein may be performed and/or adapted for other types of worker (e.g., part time, permanent, full-time) as embodiments are not limited in this respect. Further, the exchange system may be configured to perform other functions and interactions not shown or described herein; Paragraph 0119, In some embodiments, the staffing computer system may use an application tracking system (ATS) for maintaining a record of prospective workers; Paragraph 0122, In some embodiments, as shown at block 322, the employer may update a candidate status. The employer may transmit an indication of a candidate status update to the exchange system 302. At block 324, the exchange system 302 may update the status of the candidate (e.g., within a database of the exchange system 302). In some embodiments, the exchange system 302 may update a candidate status responsive to receiving an indication from the employer computer system 301; Examiner notes that Chuang et al. discloses to remove the subset of workers from the job roster since worker records in the database may be updated to “available” once the temporary worker completes the duration of employment).
Although Chuang et al. discloses to assign workers to work on different aspects of the job as the job progresses (Paragraph 0126, time spent on one or more tasks), Chuang et al. does not specifically disclose wherein each task is assign to a different timeframe.
However, McQueen et al. discloses assign a set of workers within the pool of available workers to a job roster in the job record using the requirement data such that the set of workers are designated as unavailable in the worker dataset, the set of workers assigned to work on different aspects of the job at different times as the job progresses (Paragraph 0003, Task management systems and methods may divide a task into sub-tasks and sort the subtask(s) according to their specific resource requirement(s) and the availability of resources. Task management for a particular job per unit of time is referred to as a "task management scheduling" or "scheduling"; Paragraphs 0163-0169, b) the scheduling of tasks and their associated time and resources based on: a. user subjectively determined priority and other criteria; and/or b. objective analysis 135 based on: i. past task completion data; and/or ii. normalised group data 145 from groups of individuals doing like tasks with similar skillsets; obtained from sources such as log files, timesheets, activity files and the like with records of previous tasks performed and the time associated with performing these tasks; means to generate task completion algorithms 155 based on task completion analysis obtained from past task completion data to manage the tasks as allocated and/or (re)scheduled such that these algorithms objectively build task schedules; Paragraph 0344, The visualisation of a single staff member's schedule or a group of staff member's schedules, on one page enables a means to quickly visualise and ascertain the progress of the project and its underlying tasks).
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the method of labor scheduling and jobsite management for a dynamically changing workforce, wherein the workforce is assigned to work on different aspects of the job as the job progresses of the invention of Chuang et al. to further specify associated time for performing the different aspects of the job of the invention of McQueen et al. because doing so would allow the system to schedule tasks and their associated time and resources based on past time completion data and resource availability (see McQueen et al., Paragraphs 0163-0169). Further, the claimed invention is merely a combination of old elements, and in combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 13 (Currently Amended), Chuang et al. discloses a non-transitory computer readable storage device having computer program instructions stored thereon that, when executed by a processor circuit, cause the processor circuit to perform operations that implement a method of labor scheduling and jobsite management for a dynamically changing workforce (Paragraph 0079, FIG. 1 shows a block diagram of a distributed computer system 100 capable of implementing various aspects of the present invention. In particular, distributed system 100 includes an exchange system 101 that integrates multiple disparate computer systems and facilitates management functions with respect to the placement, tracking and management of workers (e.g., temporary workers) among a number of different clients (e.g., client A (110A), client B (110B), and client C (110C)); Paragraph 0187, The memory 1512 stores programs (e.g., sequences of instructions coded to be executable by the processor 1510) and data during operation of the computer system 1502; Paragraph 0188, The interconnection element 1514 enables communications, including instructions and data, to be exchanged between system components of the computer system 1502), the processor circuit operably coupled to a jobsite management database that includes a worker dataset (Figure 1, item 104, worker database) and a job dataset (Paragraph 0119, store a record for the job in a database of the exchange system 302), the worker dataset storing information related to a pool of available workers having different skills (Paragraph 0071, In some embodiments, the exchange component may maintain a pool of temporary worker records in a database of the system. The exchange component may maintain, in the pool, a temporary worker record for each of multiple temporary workers who are available as candidates for a job requisition (e.g., the new job requisition); Paragraph 0102, In another embodiment, the exchange system may automatically match a stored worker record to the job requisition. The exchange system may match the stored worker record based on a past history of the worker working for a respective employer, skills of the worker relative to the job requisition, and/or other factors), and the job dataset storing information related to operations management at respective job sites (Paragraph 0005, it is appreciated that there may be various functions for effectively coordinating between multiple computer systems for placement of temporary workers among a number of employers and sites; Paragraph 0070, The exchange component may store information about the new job requisition in the newly generated record (e.g., skill requirement information, start date, location, salary, term of employment); Paragraph 0119, According to one embodiment, as shown at block 305, an employer may create a temporary job requisition and a corresponding job entry may be posted to the exchange system. In some embodiments, the employer may create a job requisition in the employer computer system 301. Next, at block 306, the employer computer system 301 may transmit the job requisition to the exchange system 302. The employer computer system 301 may, for example, transmit the job requisition to the exchange system as described above with reference to FIG. 1 and FIG. 2 (e.g., via an API of the exchange system 302). Responsive to the posting, at block 308, the exchange system 302 may analyze the job. The exchange system 302 may, for example, analyze the job as described above with reference to FIG. 2. For example, the exchange system 302 may identify one or more attributes of the job (e.g., a title, start date, end date, salary, billing rate, required skills) and further store a record for the job in a database of the exchange system 302. The exchange system 302 may further analyze the job for validity (e.g., to validate dates)), the operations comprising:
writing requirement data for a job to a job record in the job dataset responsive to input received via a user interface (UI) (Paragraph 0094, FIG. 9 illustrates an example user interface 900 that the exchange may provide to an employer computer system to create a job listing. In some embodiments, the employer may enter information such as a requisition type (e.g., contingent, permanent, contract), a job title, a job location, a bill rate range, a pay rate range, a target start date, a target end date, a duration of employment, a number of positions that are to be filled, an exemption status, and/or identification (e.g., a name) of a hiring manager. In some embodiments, the exchange may further provide the employer with an ability to indicate whether the exchange should allow for staffers and/or prospective workers to bid for different billing rates or ranges than specified in the requisition. The exchange interface may also allow the employer to enter other information such as an urgency for the job, minimum education requirements, expected number of hours per week, who the position reports to, required skills for the job, and/or preferred skills for the job; Paragraph 0119, The exchange system 302 may, for example, analyze the job as described above with reference to FIG. 2. For example, the exchange system 302 may identify one or more attributes of the job (e.g., a title, start date, end date, salary, billing rate, required skills) and further store a record for the job in a database of the exchange system 302);
assigning a set of workers within the pool of available workers to a job roster in the job record using the requirement data such that the set of workers are designated as unavailable in the worker dataset (Paragraph 0071, In some embodiments, the exchange component may maintain a pool of temporary worker records in a database of the system. The exchange component may maintain, in the pool, a temporary worker record for each of multiple temporary workers who are available as candidates for a job requisition (e.g., the new job requisition); Paragraph 0102, In another embodiment, the exchange system may automatically match a stored worker record to the job requisition. The exchange system may match the stored worker record based on a past history of the worker working for a respective employer, skills of the worker relative to the job requisition, and/or other factors), the set of workers assigned to work on different aspects of the job … as the job progresses (Paragraph 0065, By integrating the disparate computer systems and software applications used by the multiple entities, the system may enable performance of the post placement functions. Further, post placement activities may also include collecting data related to a worker's performance from an employer and/or worker computer system and using the data to automatically distribute funds to a staffing firm (e.g., a recruiter); Paragraph 0126, A timesheet may comprise a record of work performed by the worker. The timesheet may, for example, include information about time spent on one or more tasks, dates of time worked, vacation time taken, paid time off, and/or other information);
and automatically initiating a layoff/payoff process for a subset of workers in the job roster that complete respective assignments as the job progresses (Paragraph 0176, In some embodiments, the exchange system 802 may collect information received from submission of timesheets. For example, the exchange system 802 may collect payroll information based on the timesheets. The exchange system 802 may transmit the payroll information to the consultant system 803. The consultant system 803 may, at block 814, collect the payroll information and send it to the staffing firm system 804. At block 816, the staffing firm may receive the payroll information; Paragraph 0177, At block 818, the exchange system 802 may use approved timesheets to generate invoice items. Invoice items may comprise information (e.g., data related to time worked, date worked, and other information) that is to be used for generating an invoice. At block 820, the exchange system 802 may generate an invoice(s). Such invoices may be created periodically by the exchange system 802 based on approved timesheets that are entered within the system. For example, on a particular billing day, the exchange system 802 may generate an invoice. At block 826, the exchange system 802 may transmit a generated invoice to an employer for processing. For example, the exchange system 802 may transmit the generated invoice to an automatic payment (AP) system. The employer may process the payment at block 828 and then issue the payment at block 830; It can be noted that the claim language is written in alternative form. The limitation taught by Chuang et al. is based on “initiating a payoff process"), the layoff/payoff process to remove the subset of workers from the job roster in the job record such that each worker in the subset of workers is designated as available for reassignment in the worker dataset (Paragraph 0071, In some embodiments, the exchange component may maintain a pool of temporary worker records in a database of the system. The exchange component may maintain, in the pool, a temporary worker record for each of multiple temporary workers who are available as candidates for a job requisition (e.g., the new job requisition); Paragraph 0083, A timesheet may comprise any record of work performed by a worker. For example, the timesheet may include an amount of time worked by the worker, dates worked by the worker, an identification of the worker, and/or any other information. A timesheet, as used herein, may comprise a timecard, work record, clock card, work log, time chart, or any other record of work; Paragraph 0084, The worker database 104 may store data records associated prospective workers, hired workers, and past workers. In some embodiments, the exchange system 101 may further organize worker records into pools of workers in the database 104. For example, exchange system may store, in the database 104, a plurality of temporary worker records (e.g., worker record 103) associated with temporary worker pool 102. According to some embodiments, the exchange system 101 enables multiple different entities to create, store, and/or update worker records in the database 104; Paragraph 0094, In some embodiments, the employer may enter information such as a requisition type (e.g., contingent, permanent, contract), a job title, a job location, a bill rate range, a pay rate range, a target start date, a target end date, a duration of employment, a number of positions that are to be filled, an exemption status, and/or identification (e.g., a name) of a hiring manager. The exchange interface may also allow the employer to enter other information such as an urgency for the job, minimum education requirements, expected number of hours per week, who the position reports to, required skills for the job, and/or preferred skills for the job.; Paragraph 0117, Although example embodiments are discussed herein with reference to temporary workers, embodiments are not limited to managing any particular type of worker. The processes described herein may be performed and/or adapted for other types of worker (e.g., part time, permanent, full-time) as embodiments are not limited in this respect. Further, the exchange system may be configured to perform other functions and interactions not shown or described herein; Paragraph 0119, In some embodiments, the staffing computer system may use an application tracking system (ATS) for maintaining a record of prospective workers; Paragraph 0122, In some embodiments, as shown at block 322, the employer may update a candidate status. The employer may transmit an indication of a candidate status update to the exchange system 302. At block 324, the exchange system 302 may update the status of the candidate (e.g., within a database of the exchange system 302). In some embodiments, the exchange system 302 may update a candidate status responsive to receiving an indication from the employer computer system 301; Examiner notes that Chuang et al. discloses to remove the subset of workers from the job roster since worker records in the database may be updated to “available” once the temporary worker completes the duration of employment).
Although Chuang et al. discloses assigning workers to work on different aspects of the job as the job progresses (Paragraph 0126, time spent on one or more tasks), Chuang et al. does not specifically disclose wherein each task is assign to a different timeframe.
However, McQueen et al. discloses assigning a set of workers within the pool of available workers to a job roster in the job record using the requirement data such that the set of workers are designated as unavailable in the worker dataset, the set of workers assigned to work on different aspects of the job at different times as the job progresses (Paragraph 0003, Task management systems and methods may divide a task into sub-tasks and sort the subtask(s) according to their specific resource requirement(s) and the availability of resources. Task management for a particular job per unit of time is referred to as a "task management scheduling" or "scheduling"; Paragraphs 0163-0169, b) the scheduling of tasks and their associated time and resources based on: a. user subjectively determined priority and other criteria; and/or b. objective analysis 135 based on: i. past task completion data; and/or ii. normalised group data 145 from groups of individuals doing like tasks with similar skillsets; obtained from sources such as log files, timesheets, activity files and the like with records of previous tasks performed and the time associated with performing these tasks; means to generate task completion algorithms 155 based on task completion analysis obtained from past task completion data to manage the tasks as allocated and/or (re)scheduled such that these algorithms objectively build task schedules; Paragraph 0344, The visualisation of a single staff member's schedule or a group of staff member's schedules, on one page enables a means to quickly visualise and ascertain the progress of the project and its underlying tasks).
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the method of labor scheduling and jobsite management for a dynamically changing workforce, wherein the workforce is assigned to work on different aspects of the job as the job progresses of the invention of Chuang et al. to further specify associated time for performing the different aspects of the job of the invention of McQueen et al. because doing so would allow the system to schedule tasks and their associated time and resources based on past time completion data and resource availability (see McQueen et al., Paragraphs 0163-0169). Further, the claimed invention is merely a combination of old elements, and in combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 21 (Currently Amended), Chuang et al. discloses a system comprising (Paragraph 0006, According to some embodiments, systems involve components that integrate functions performed by computer systems and/or software applications used by employers, staffing firms, and various service delivery consultants. Certain components integrate and consolidate workflows between such entities to perform placements of worker