DETAILED ACTION
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is a non-final, first office action in response to the application filed 15 December 2023, and claims filed 22 July 2024.
A preliminary amendment was filed 22 July 2024.
Claims 1-3 and 5-13 have been amended in the preliminary amendment.
Claims 4 and 14-16 were cancelled in the preliminary amendment.
Claims 1-3 and 5-13 are currently pending and have been examined.
Examiner Note
The Examiner notes that the Applicant has made substantial amendments to the claims in the preliminary amendment filed 22 July 2024, however the Applicant has failed to properly annotate amendments to the claims in accordance with 37 CFC 1.121(c). In particular, new language added to the claims must be underlined (example), and deleted text must be enclosed in double brackets ([[example]]) or be struck through (example for the Applicant’s failure to indicate proper amendments, original claim 1 states:
a marketing and applicant attraction subsystem,
a remote admission subsystem,
a training process planning subsystem,
a training process support and academic performance record subsystem,
a remote training subsystem,
a data integrity control subsystem,
which are integrated by means of a common IT infrastructure including interfaces for interaction with external systems and at least three databases (content, tutors, students);
wherein the subsystems are software and hardware complexes which include data acquisition, processing, transmitting means as well as mutual interconnection means.
And the amendment claim 1 states, with the included markups:
a marketing and applicant attraction subsystem,
a remote admission subsystem,
a training process planning subsystem,
a training process support and academic performance record subsystem,
a remote training subsystem, and
a data integrity control subsystem configured to provide data integrity and quality, wherein the subsystems are integrated by infrastructure including interfaces for interaction with external systems and at least three databases [[(]] including a content database, a tutors database, and a students database
wherein the subsystems are software and hardware complexes which include data acquisition, processing, transmitting means, as well as mutual interconnection means, the subsystems integrated and/or connected as follows:
[[-]] the marketing and applicant attraction subsystem has its output connected to the remote admission subsystem and the training process planning subsystem
[[-]] the remote admission subsystem has its output connected to the training process support and academic performance record subsystem, the training process planning subsystem, and the remote training subsystem;
[[-]] the training process support and academic performance record subsystem and the training process planning subsystem are integrated by has its output connected to the remote training subsystem, and theremote training subsystem [[is]] has its output connected to the training process support and academic performance record subsystem
[[-]] the training process support and academic performance record subsystem has its output connected to external users of the system
[[-]] the remote training subsystem has its output connected to thw external users of the system
[[-]] the data integrity control subsystem is connected to inputs and outputs of all subsystems
As shown here, the Applicant has made substantial amendments to the claims, including the addition of multiple elements of the claims, that have not been marked up. Further unmarked amendments to claims have been made, as well as marking up words in the original claims as if they were newly added, as well as erasing text without marking up the claims.
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.
Claims 1-3 and 5-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to claim 1, the Applicant claims, “An online higher education system comprising, mutually interacting subsystems that comprise:
a marketing and applicant attraction subsystem,
a remote admission subsystem,
a training process planning subsystem,
a training process support and academic performance record subsystem,
a remote training subsystem,
a data integrity control subsystem configured to provide data integrity and quality, wherein the subsystems are integrated by a common IT infrastructure including interfaces for interaction with external systems and at least three databases including a content database, a tutors database, and a students database
wherein the subsystems are software and hardware complexes which include data acquisition, processing, transmitting means, as well as mutual interconnection means, the subsystems integrated and/or connected as follows:
the marketing and applicant attraction subsystem has its output connected to the remote admission subsystem and the training process planning subsystem
the remote admission subsystem has its output connected to the training process support and academic performance record subsystem, the training process planning subsystem, and the remote training subsystem;
the training process support and academic performance record subsystem and the training process planning subsystem are integrated by a two-way communication, wherein the training process planning subsystem has its output connected to the remote training subsystem, and the remote training subsystem has its output connected to the training process support and academic performance record subsystem
the training process support and academic performance record subsystem has its output connected to external users of the system
the remote training subsystem has its output connected to the external users of the system
the data integrity control subsystem is connected to inputs and outputs of all subsystems.”
The Applicant has rendered this claim indefinite and unclear for failing to particularly define their invention. In this case, the Applicant has recited a series subsystems (e,g. a marketing and applicant attraction subsystem, a remote admission subsystem, a training process planning subsystem, a training process support and academic performance record subsystem, a remote training subsystem, and a data integrity control subsystem), however the Applicant has not claimed any functions of these subsystems, nor have they referred to what these various subsystems actually do, besides feeding output into other subsystems. Notably, it is unclear if the recited “subsystems” perform some functions related to their names, such as the marketing and applicant attraction subsystem performing some function related to marketing and application attraction, or if the name of the subsystems are meaningless and a design choice by the Applicant. For the purpose of examination, the Examiner will interpret the claimed subsystems, to perform actions related to their names, however these actions will be broadly interpreted. Claims 2-3 and 5-13 depend upon claim 1, and are rejected for inherited its deficiencies and failing to remedy them.
With respect to claim 5, the Applicant claims, “wherein the subsystems are coupled to further subsystems as follows: the training process planning subsystem has its output connected to the training content production subsystem, which has its output connected to the remote training subsystem via the content database; the training process support and academic performance record system is connected to the training analytics subsystem by of a two-way communication; a second input of the training analytics subsystem is connected via the digital footprint database to the remote training subsystem; an input of the training content production subsystem is connected to a second output of the training analytics subsystem; the data integrity control subsystem is connected to the inputs and outputs of all subsystems.” The Applicant has rendered this claim indefinite and unclear for failing to particularly define their invention. In this case, the Applicant has recited a series of “subsystems” that have their inputs and outputs connected to other subsystems; however this is indefinite and unclear for the same reasons as addressed in claim 1, discussed above. In addition, the claim recites the limitation "the training content production subsystem" in the first element of the claim. There is insufficient antecedent basis for this limitation in the claim. Specifically, “a training content production subsystem,” was not previously defined in the claim or in a depended upon claim, therefore rending it indefinite and unclear as to what exactly “lead generation unit” is referring to with this recitation. For the purpose of examination, the Examiner will interpret the claimed subsystems, to perform actions related to their names, however these actions will be broadly interpreted. Additionally, the Examiner will interpret the first recitation of the term “training content production subsystem” to be “a training content production subsystem.”
With respect to claim 6, the Applicant claims, “wherein the marketing and applicant attraction subsystem includes: an advertising campaign management unit having its output connected to the lead generation unit; a lead processing unit having its input connected to the lead generation unit and the external lead generation unit; an output of the lead processing unit connected to a telephone interaction control unit and an e-mail interaction control unit, which has its output connected to the lead processing unit; an output of the telephone interaction control unit connected to a "low-quality lead" status assignment device and a lead to contact conversion device, wherein units and devices of the marketing and applicant attraction subsystem are coupled to specialist automated workstations (AWS).” The Applicant has rendered this claim indefinite and unclear for failing to particularly define their invention. First, the claim recites the limitation "the lead generation unit" in the first element of the claim. There is insufficient antecedent basis for this limitation in the claim. Specifically, “a lead generation unit,” was not previously defined in the claim or in a depended upon claim, therefore rending it indefinite and unclear as to what exactly “lead generation unit” is referring to with this recitation. Second, the claim recites the limitation "the external lead generation unit" in the second element of the claim. There is insufficient antecedent basis for this limitation in the claim. Specifically, “an external lead generation unit,” was not previously defined in the claim or in a depended upon claim, therefore rending it indefinite and unclear as to what exactly “external lead generation unit” is referring to with this recitation. Third, the claim refers to states “low-quality lead,” however this term is indefinite and unclear for multiple reasons. In this case, the Applicant’s use of quotes makes it unclear as to whether the recitation is referring to a specific and special definition, if it is merely an example of a term, or if the Applicant is referring to something in particular. Additionally, it is noted that the term, “low quality” is a relative term of degree, which is purely subjective based on the reader/participant, as the Applicant has failed to set forth any means for defining or placing bounds on the relative and subjective term. Fourth, the Applicant has rendered this claim indefinite and unclear for failing to particularly define their invention, as they have recited a series of units with their inputs and outputs as being connected to other units, however no functions have been claimed, nor does the claim set forth what these units actually do, other than implying their functions via their names, similar to claim 1 as discussed above. For the purpose of examination, the Examiner will interpret the lead generation unit and external lead generation unit as being introduced here with respective, “a lead generation unit,” and, “an external lead generation unit,” language. Additionally, with regards to, “an output of the telephone interaction control unit connected to a "low-quality lead" status assignment device and a lead to contact conversion device,” the Examiner will interpret the claim to read, “an output of the telephone interaction control unit connected to a status assignment device and a lead to contact conversion device.”
With respect to claim 7, the Applicant claims, “wherein the remote admission subsystem comprises: a competition unit which includes multiple competition test units with multiple competition test units with proctoring and entrance test holding devices; a member area registration device; applicant digital twin processing devices including devices for primary verification of applicant documents, applicant registration, receiving an admission request, generating an applicant's individual curriculum (IC) project, consent provision, contract signing and payment, document receipt, and onboarding; transfer student digital twin processing devices including devices for primary verification of transfer student documents, IC project generation, transfer student registration, contract signing and payment, document receipt, and onboarding via transfer.” The Applicant has rendered this claim indefinite and unclear for failing to particularly define their invention. In this case, the claims refer to “applicant digital twin processing devices” and “transfer student digital twin processing devices,” however these Applicant has failed to set forth or define what exactly a “digital twin processing device,” is referencing. In this case, it is unclear if these processing devices are merely programmed generic computers, or if they are special purpose machines that are specially constructed. For the purpose of examination, the Examiner will interpret the devices as generic computers with programming to perform the recited actions.
With respect to claim 8, the Applicant claims “outputs of the optional/elective courses registration and FC planning management units connected to a TS load calculation and distribution control unit, an output of the TS load calculation and distribution control unit connected to a schedule generation and integrity checking control unit.” The Applicant has rendered this claim indefinite and unclear for failing to particularly define their claimed invention. In this case, the Applicant has referred to a “TS load calculation and distribution control unit,” however the Applicant has failed to define what this control unit physically is, what the abbreviation “TS” refers to, and what exactly the TS load calculation and distribution control unit actually does. For the purpose of examination, the Examiner will interpret the claim to read, “outputs of the optional/elective courses registration and FC planning management units connected to a load calculation and distribution control unit, an output of the load calculation and distribution control unit connected to a schedule generation and integrity checking control unit.”
With respect to claim 11, the Applicant claims, “wherein the data integrity control subsystem includes: a data mirroring unit of a unified corporate information model, a data integrity rule meta description unit, a data integrity rule periodic control unit, a data integrity problem visualization unit, wherein units of the data integrity control subsystem are coupled to specialist automated workstations (AWS).” The Applicant has rendered this claim indefinite and unclear for failing to particularly define their claimed invention. First, in this case, the Applicant has referred to a data mirroring unit of a unified corporate information model, however it remains unclear how a “unit” (which is presumably a software or hardware) can be a part of a corporate information model, which is an abstract concept/idea. Second, with regards to the various claimed “units,” the Examiner notes that these recitations lack any functions, thus rendering it unclear as to what these elements are actually performing or doing in the claimed invention. For the purpose of examination, the Examiner will interpret the claim to read, “wherein the data integrity control subsystem includes: a data mirroring unit, a data integrity rule meta description unit, a data integrity rule periodic control unit, a data integrity problem visualization unit, wherein units of the data integrity control subsystem are coupled to specialist automated workstations (AWS);” and wherein each of the units perform actions related to their names, however these actions will be broadly interpreted.
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 1-3 and 5-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite a marketing and applicant attraction subsystem, a remote admission subsystem, a training process planning subsystem, a training process support and academic performance record subsystem, a remote training subsystem, a data integrity control subsystem configured to provide data integrity and quality, wherein the subsystems are integrated by a common IT infrastructure including interfaces for interaction with external systems and at least three databases including a content database, a tutors database, and a students database; wherein the subsystems are software and hardware complexes which include data acquisition, processing, transmitting means, as well as mutual interconnection means, the subsystems integrated and/or connected as follows: the marketing and applicant attraction subsystem has its output connected to the remote admission subsystem and the training process planning subsystem; the remote admission subsystem has its output connected to the training process support and academic performance record subsystem, the training process planning subsystem, and the remote training subsystem; the training process support and academic performance record subsystem and the training process planning subsystem are integrated by a two-way communication, wherein the training process planning subsystem has its output connected to the remote training subsystem, and the remote training subsystem has its output connected to the training process support and academic performance record subsystem; the training process support and academic performance record subsystem has its output connected to external users of the system; the remote training subsystem has its output connected to the external users of the system; and the data integrity control subsystem is connected to inputs and outputs of all subsystems.
The limitations of marketing and applicant attraction output, the remote admission output, training process support output, academic performance record output, training process planning output, the remote training subsystem output, and data integrity control providing data integrity and quality output and accepting input; as drafted, under the broadest reasonable interpretation, encompasses processes that can be performed in the human mind, managing commercial activity (business relations, marketing), and human behavior/relationships. That is, other than reciting the use of generic computer elements (various “subsystems,” common IT infrastructure, interfaces, external systems, databases, software, hardware, “acquisition, processing, transmitting means,” “interconnection means”), the claims recite an abstract idea. In particular, marketing and applicant attraction output, the remote admission output, training process support output, academic performance record output, training process planning output, the remote training subsystem output, and data integrity control providing data integrity and quality output and accepting input; are elements that can be performed in the human mind (observation, evaluation, judgement, opinion). That is, a human mind would be able to determine marketing and application attraction output (e.g. a marketing person thinking of a marketing strategy); a human mind would be able to able to accept admissions (observation, evaluation); a human mind would be able to provide training support, training planning, and training (observation, evaluation, judgment, opinion); a human mind would be able to record and retrieve academic performance records (observation, evaluation); a human mind would be able to to provide data integrity and quality analysis (observation, evaluation, judgment, opinion). Thus, the claims recite elements that fall into the “Mental Processes” grouping of abstract ideas. In addition, the elements of marketing and applicant attraction output, the remote admission output, training process support output, academic performance record output, training process planning output, the remote training subsystem output, and data integrity control providing data integrity and quality output and accepting input; encompass managing commercial activity, including conducting advertising/marketing, and managing the sale of services (education); as well as managing relationships/behaviors between people (relationships between students and education providers). Thus, the claims recite elements that fall into the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. The claims recite an abstract idea.
This judicial exception is not integrated into a practical application. The claims do not recite additional elements, when taken individually and in an ordered combination with the abstract idea, that improve the functioning of a computer, another technology, or technical field. The claims do not recite the use of, or apply the abstract idea with, a particular machine, the claims do not recite the transformation of an article from one state or thing into another. Finally, the claims do not recite additional elements, taken individually and in an ordered combination, that apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment. Instead, the claims recite the use of generic computer elements (various “subsystems,” common IT infrastructure, interfaces, external systems, databases, software, hardware, “acquisition, processing, transmitting means,” “interconnection means”), as tools to carry out the abstract idea. The claims are directed to an abstract idea.
The claim(s) does/do not include additional elements, when taken individually and in an ordered combination with the abstract idea, that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using generic computer elements and machines to perform the steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are directed to non-patent eligible subject matter.
The dependent claims 2-3 and 5-13, when taken individually and in an ordered combination with the abstract idea, do not recite additional elements that integrate the abstract idea into a practical application, or add significantly more to the abstract idea. In particular, the claims further recite a training content development subsystem, which further recites the abstract idea of mental processes and managing human behavior/commercial activity; specifically a human mind would be able to develop training content, which would also be managing human behavior/commercial activity; thus the claims recite elements that fall into the “Mental Processes” and “Certain Methods of Organizing Human Activity” grouping of abstract ideas. In addition, the claims further recite a subsystem, which further recites the use of generic computer elements as a tool to carry out the abstract idea, which does not recite additional elements that integrate the abstract idea into a practical application, or add significantly more to the abstract idea (claim 2). In addition, the claims further recite a training analytics subsystem, and IT infrastructure includes a digital footprint database; which further recites the abstract idea of mental processes and managing human behavior/commercial activity; specifically a human mind would be able to conduct training analytics, which would also be managing human behavior/commercial activity; thus the claims recite elements that fall into the “Mental Processes” and “Certain Methods of Organizing Human Activity” grouping of abstract ideas. In addition, the claims further recite a footprint database, which further recites the use of generic computer elements as a tool to carry out the abstract idea, which does not recite additional elements that integrate the abstract idea into a practical application, or add significantly more to the abstract idea (claim 3). In addition, the claims further recite feeding output of processes into other processes; which further recites the abstract idea of mental processes and managing human behavior/commercial activity; specifically a human mind would be able to take output from one process and feed it to another process (observation, evaluation, judgement), which would also be managing human behavior/commercial activity; thus the claims recite elements that fall into the “Mental Processes” and “Certain Methods of Organizing Human Activity” grouping of abstract ideas. In addition, the recitation of various generic computer elements (“subsystems,” “content database,” “two-way communication”), further recites the use of generic computer elements as a tool to carry out the abstract idea, which does not recite additional elements that integrate the abstract idea into a practical application, or add significantly more to the abstract idea (claim 5). In addition, the claims further recite using advertising campaign management unit and a lead processing unit for marketing and applicant attraction; which further recites the abstract idea of mental processes and managing human behavior/commercial activity; specifically a human mind would be able to take output from one process and feed it to another process (observation, evaluation, judgement), which would also be managing human behavior/commercial activity; thus the claims recite elements that fall into the “Mental Processes” and “Certain Methods of Organizing Human Activity” grouping of abstract ideas. In addition, the recitation of various generic computer elements (“subsystems,” telephone interaction control unit, e-mail interaction control unit, lead processing unit, assignment device, specialist automated workstations), further recites the use of generic computer elements as a tool to carry out the abstract idea, which does not recite additional elements that integrate the abstract idea into a practical application, or add significantly more to the abstract idea (claim 6). In addition, the claims further recite means for primary verification of applicant documents, applicant registration, receiving an admission request, generating an applicant's individual curriculum (IC ) project, consent provision, contract signing and payment, document receipt, and onboarding; which further recites the abstract idea of mental processes and managing human behavior/commercial activity; specifically a human mind would be able to verify documents, accept/process applicant registration, receive admission requests, make a curriculum, provide consent, process contracts and payment, receive documents, and onboard (observation, evaluation, judgement), which would also be managing human behavior/commercial activity; thus the claims recite elements that fall into the “Mental Processes” and “Certain Methods of Organizing Human Activity” grouping of abstract ideas. In addition, the recitation of various generic computer elements (competition test units, proctoring and entrance test holding devices, a member area registration device, applicant digital twin processing devices, transfer student digital twin processing devices), further recites the use of generic computer elements as a tool to carry out the abstract idea, which does not recite additional elements that integrate the abstract idea into a practical application, or add significantly more to the abstract idea (claim 7). In addition, the claims further recite optional/elective courses registration and final certification planning management units providing information to a load calculation unit, which provides information to a schedule generation unit which connected to a load calculation and distribution control unit, the development of a basic curriculum, and generating group correspondence; which further recites the abstract idea of mental processes and managing human behavior/commercial activity; specifically a human mind would be able to generate curriculums and schedules using basic curriculums and electives (observation, evaluation, judgement), which would also be managing human behavior/commercial activity; thus the claims recite elements that fall into the “Mental Processes” and “Certain Methods of Organizing Human Activity” grouping of abstract ideas. In addition, the recitation of various generic computer elements (a basic curriculum and groups register management unit, an individual curriculum (IC) generation management unit, optional/elective courses registration and final certification planning management units, TS load calculation and distribution control unit, an output of the load calculation and distribution control unit, a schedule generation and integrity checking control unit, a BC development/actualization management and group making unit, a group correspondence management unit, a specialist automated workstations (AWS)), further recites the use of generic computer elements as a tool to carry out the abstract idea, which does not recite additional elements that integrate the abstract idea into a practical application, or add significantly more to the abstract idea (claim 8). In addition, the claims further recite a processing a voice inquiry, providing consultation, generating exams and transcripts, and changing positions; which further recites the abstract idea of mental processes and managing human behavior/commercial activity; specifically a human mind would be able to process a voice inquiry, provide consultation, generate exams and transcripts, and change positions (observation, evaluation, judgement), which would also be managing human behavior/commercial activity; thus the claims recite elements that fall into the “Mental Processes” and “Certain Methods of Organizing Human Activity” grouping of abstract ideas. In addition, the recitation of various generic computer elements (a voice inquiry processing unit, a consultation providing unit, a transcript and exam sheet generation unit, and a position change unit, a specialist automated workstations (AWS), further recites the use of generic computer elements as a tool to carry out the abstract idea, which does not recite additional elements that integrate the abstract idea into a practical application, or add significantly more to the abstract idea (claim 9). In addition, the claims further recite granting access to content, providing access to multiple activities, and calculating grades; which further recites the abstract idea of mental processes and managing human behavior/commercial activity; specifically a human mind would be able grant access to content, provide access to multiple activities, and calculate grades (observation, evaluation, judgement), which would also be managing human behavior/commercial activity; thus the claims recite elements that fall into the “Mental Processes” and “Certain Methods of Organizing Human Activity” grouping of abstract ideas. In addition, the recitation of various generic computer elements (a content access grant unit, multiple activity access units, grade calculation unit, wherein units of the remote training subsystem are coupled to specialist automated workstations (AWS)), further recites the use of generic computer elements as a tool to carry out the abstract idea, which does not recite additional elements that integrate the abstract idea into a practical application, or add significantly more to the abstract idea (claim 10). In addition, the claims further recite mirroring data, checking data integrity according to a rules and visualizing problems; which further recites the abstract idea of mental processes and managing human behavior/commercial activity; specifically a human mind would be able to mirror data, check data integrity according to a rules and visualize problems (observation, evaluation, judgement), which would also be managing human behavior/commercial activity; thus the claims recite elements that fall into the “Mental Processes” and “Certain Methods of Organizing Human Activity” grouping of abstract ideas. In addition, the recitation of various generic computer elements (a data mirroring unit, a data integrity rule meta description unit, a data integrity rule periodic control unit, a data integrity problem visualization unit, and specialist automated workstations (AWS)), further recites the use of generic computer elements as a tool to carry out the abstract idea, which does not recite additional elements that integrate the abstract idea into a practical application, or add significantly more to the abstract idea (claim 11). In addition, the claims further recite generating a production schedule, assign content types, generating content structure, correcting content structures, generating content structure media content, and packing content; which further recites the abstract idea of mental processes and managing human behavior/commercial activity; specifically a human mind would be able to generate a production schedule, assign content types, generate content structure, correct content structures, generate content structure media content, and pack content (observation, evaluation, judgement), which would also be managing human behavior/commercial activity; thus the claims recite elements that fall into the “Mental Processes” and “Certain Methods of Organizing Human Activity” grouping of abstract ideas. In addition, the recitation of various generic computer elements (a production schedule generation unit; multiple content type assignment units; multiple content structure element (CSE) content generation units, a CSE correction unit, multiple CSE media content generation units; multiple packaging units; a specialist automated workstations (AWS)), further recites the use of generic computer elements as a tool to carry out the abstract idea, which does not recite additional elements that integrate the abstract idea into a practical application, or add significantly more to the abstract idea (claim 12). In addition, the claims further recite collecting and sorting data, analyzing data, analyzing student feedback, preparing decision making for data, processing and validating data; which further recites the abstract idea of mental processes and managing human behavior/commercial activity; specifically a human mind would be able to collect and sort data, analyze data, analyze student feedback, prepare decision making for data, process and validate data (observation, evaluation, judgement), which would also be managing human behavior/commercial activity; thus the claims recite elements that fall into the “Mental Processes” and “Certain Methods of Organizing Human Activity” grouping of abstract ideas. In addition, the recitation of various generic computer elements (a data collection and sorting unit, a data analysis unit, a student feedback analysis unit, a decision making data preparation unit, an algorithm validation and processing unit, and specialist automated workstations (AWS)), further recites the use of generic computer elements as a tool to carry out the abstract idea, which does not recite additional elements that integrate the abstract idea into a practical application, or add significantly more to the abstract idea (claim 13).
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.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5, and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Alcorn et al. (US 2007/0130339 A1) (hereinafter Alcorn), in view of Ashford (US 2023/0044523 A1) (hereinafter Ashford).
With respect to claim 1, Alcorn teaches:
A remote admission subsystem (See at least paragraphs 20, 21, 22, 71, 100, 104, 122, 123, and 124 which describe an online education system that users can interact with and signup for classes).
A training process planning subsystem; A training process support and academic performance record subsystem, A remote training subsystem (See at least paragraphs 20-23, 27, 28, 71, 74, 75, 77, 81, 95, 108, 109, 111, and 113 which describe providing classes, courses, quizzes, exams, and assignments for an online education system, wherein the provided material is for classes a user signed up for, and wherein the student completes the assigned work and is awarded a grade for their educational performance).
A data integrity control subsystem configured to provide data integrity and quality, wherein the subsystems are integrated by a common IT infrastructure including interfaces for interaction with external systems and at least three databases including a content database, a tutors database, and a students database (See at least paragraphs 22, 24, 28, 71-75, 77, 80, 81, 83, 100, 132, 135, 147, and 153-155 which describe an online education system that uses a linked architecture of software and hardware to communicate between subsystems, wherein the architecture includes load management subsystems, data storage subsystems, grading subsystems, course creation and management subsystems, student grading records, course records, and assignment record, wherein the system uses the collected information and the subsystems to collect, store, modify, and delete data concerning the education system).
Wherein the subsystems are software and hardware complexes which include data acquisition, processing, transmitting means, as well as mutual interconnection means, the subsystems integrated and/or connected as follows: (See at least paragraphs 20-24, 71-75, 77, 80, 81, and 83 which describe system architecture for an online education system, wherein the architecture includes multiple subsystems that are tied linked together and communicate to acquire, process, and transmit information).
The remote admission subsystem has its output connected to the training process support and academic performance record subsystem, the training process planning subsystem, and the remote training subsystem (See at least paragraphs 20-24, 71-75, 77, 80, 81, and 83 which describe system architecture for an online education system, wherein the architecture includes multiple subsystems that are tied linked together and communicate to acquire, process, and transmit information. In addition, see at least paragraphs 20-23, 27, 28, 71, 74, 75, 77, 81, 95, 108, 109, 111, and 113 which describe providing classes, courses, quizzes, exams, and assignments for an online education system, wherein the provided material is for classes a user signed up for, and wherein the student completes the assigned work and is awarded a grade for their educational performance).
The training process support and academic performance record subsystem and the training process planning subsystem are integrated by a two-way communication, wherein the training process planning subsystem has its output connected to the remote training subsystem, and the remote training subsystem has its output connected to the training process support and academic performance record subsystem; The training process support and academic performance record subsystem has its output connected to external users of the system; The remote training subsystem has its output connected to the external users of the system (See at least paragraphs 20-24, 71-75, 77, 80, 81, and 83 which describe system architecture for an online education system, wherein the architecture includes multiple subsystems that are tied linked together and communicate to acquire, process, and transmit information. In addition, see at least paragraphs 20-23, 27, 28, 71, 74, 75, 77, 81, 95, 108, 109, 111, and 113 which describe providing classes, courses, quizzes, exams, and assignments for an online education system, wherein the provided material is for classes a user signed up for, and wherein the student completes the assigned work and is awarded a grade for their educational performance).
The data integrity control subsystem is connected to inputs and outputs of all subsystems (See at least paragraphs 22, 24, 28, 71-75, 77, 80, 81, 83, 100, 132, 135, 147, and 153-155 which describe an online education system that uses a linked architecture of software and hardware to communicate between subsystems, wherein the architecture includes load management subsystems, data storage subsystems, grading subsystems, course creation and management subsystems, student grading records, course records, and assignment record, wherein the system uses the collected information and the subsystems to collect, store, modify, and delete data concerning the education system).
Alcorn discloses all of the limitations of claim 1 as stated above. Alcorn does not explicitly disclose the following, however Ashford teaches:
A marketing and applicant attraction subsystem; The marketing and applicant attraction subsystem has its output connected to the remote admission subsystem and the training process planning subsystem (See at least paragraphs 96, 97, 99, 101-110, and 136-142 which describe an online education system, wherein the system markets created courses and higher education programs to prospective students, which can enroll in the courses and educational programs, and wherein the courses enrolled in are passed to course management).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of creating an online education system, wherein teachers can create courses for students to sign up for and assignments that are to be completed for the online course, wherein the system is comprised of a series of subsystems and engines connected together in a communication network that provide and receive information to and from each other of Alcorn, with the system and method of an online education system, wherein the system markets created courses and higher education programs to prospective students, which can enroll in the courses and educational programs, and wherein the courses enrolled in are passed to course management of Ashford. By advertising education systems and providing a means for students to enroll in classes, courses, and higher educational programs, an educational system will predictably be able to attract more students, thus generating more revenue streams, while also providing educational services.
With respect to claim 2, the combination of Alcorn and Ashford discloses all of the limitations of claim 1 as stated above. In addition, Alcorn teaches:
Wherein the subsystems further comprise a training content development subsystem (See at least paragraphs 20-23, 27, 75, 77, 97, 132, 133, 146, 147, and 153-155 which describe systems that all instructors and the education system to develop courses and assignments for courses, wherein the assignments are provided to students in courses).
With respect to claim 12, Alcorn/Ashford discloses all of the limitations of claims 1 and 2 as stated above. In addition, Alcorn teaches:
Wherein the training content development subsystem includes: a production schedule generation unit, multiple content type assignment units, multiple content structure element (CSE) content generation units, a CSE correction unit, multiple CSE media content generation units, multiple packaging units; wherein units of the training content development subsystem are coupled to specialist automated workstations (AWS) (See at least paragraphs 20-23, 27, 75, 77, 97, 132, 133, 146, 147, and 153-155 which describe systems that all instructors and the education system to develop courses and assignments for courses, wherein the assignments are provided to students in courses, wherein the instructors and administrators can generate course schedules, and wherein instructors and administrators use their devices in order to interact with the system).
With respect to claim 3, Alcorn/Ashford discloses all of the limitations of claim 1 as stated above. In addition, Alcorn teaches:
Wherein the subsystems further comprise a training analytics subsystem, and the IT infrastructure of the system further comprises a digital footprint database (See at least paragraphs 20-23, 27, 28, 71, 74, 75, 77, 81, 95, 108, 109, 111, and 113 which describe providing classes, courses, quizzes, exams, and assignments for an online education system, wherein the provided material is for classes a user signed up for, and wherein the student completes the assigned work and is awarded a grade for their educational performance. The Examiner notes that recording courses, student courses, and student records, encompasses storing a digital footprint).
With respect to claim 5, Alcorn/Ashford discloses all of the limitations of claims 1 and 3 as stated above. In addition, Alcorn teaches:
Wherein the subsystems are coupled to further subsystems as follows: the training process planning subsystem has its output connected to the training content production subsystem, which has its output connected to the remote training subsystem via the content database; the training process support and academic performance record system is connected to the training analytics subsystem by of a two-way communication; a second input of the training analytics subsystem is connected via the digital footprint database to the remote training subsystem; an input of the training content production subsystem is connected to a second output of the training analytics subsystem; the data integrity control subsystem is connected to the inputs and outputs of all subsystems (See at least paragraphs 20-23, 27, 28, 71, 74, 75, 77, 81, 95, 108, 109, 111, and 113 which describe providing classes, courses, quizzes, exams, and assignments for an online education system, wherein the provided material is f