DETAILED ACTION
This action is in reply to the submission filed on 2/26/2024.
Claims 1-20 are currently pending and have been examined.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: the claims fall under statutory categories of processes and/or machines.
Step 2A Prong 1: the claims recite: a prevailing wage determination system, data, location data, wage data based on location, identify and match classifications of the data, and determine compensations based on the matched classes, including fringe benefit amounts/allocations. Claim 16 recites: generating a schedule based on the data, identifying overtime based on the data, and determine whether the schedule includes overtime. Claim 20 recites: generate fringe benefit statements based on the amounts/allocations, receive modified first data, identify class changes, and generate a modified fringe statement. These limitations, as drafted, is a process that, under its broadest reasonable interpretation, covers certain methods of organizing human activity, specifically fundamental economic behavior, including payroll.
Step 2A Prong 2: Said judicial exception is not integrated into a practical application because the claims as a whole, looking at the additional elements: a processor, memory, software, a GUI, data transmission, and a computing device, individually and in combination, merely use a computer (see MPEP 2106.05f.) The claims use these machines in their ordinary capacity for the purpose of applying the abstract idea(s). Therefore, these limitations are invoking computers or other machinery merely as a tool to perform an existing process, such that it amounts to no more than mere instructions to apply the exception. Then, 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, and the claim is directed to an abstract idea.
Step 2B: Said claims recite additional elements as listed above, which are not sufficient to amount to significantly more than the judicial exception because, as mentioned in Step 2A Prong 2, they use computers or other machinery to perform an abstract idea in such a way that amounts to no more than mere instructions to apply the exception using computers or other machinery. Mere instructions to apply an exception using computers or other machinery cannot provide an inventive concept. Therefore, the claim is not patent eligible.
Claim 2 recites sending and receiving data, compensations, generating reports, displaying reports. Claim 3 recites generating statements, transmitting statements. Claim 4 recites generating and displaying reports. Claim 5 recites generating and displaying statements. Claim 6 recites data analysis, user device notifications of results, report generations and display. Claim 7 recites data analysis regarding overtime caps. Claims 8 and 9 recite data displayed in a GUI. Claim 10 recites report generation and display. Claim 11 recites data. Claim 12 recites data filtering, timesheet generation, data transmission and displaying, time sheet approval, via a GUI. Claim 13 recites data correction and display via a GUI. Claims 14 and 15 recite machine learning data analysis. Claim 17 recites overtime schedule generation and data display on a GUI. Claims 18 and 19 recite user input via a GUI. These claims are seen as ineligible for the same reasons as claims 1, 16 and 20. The combination of the use of a GUI, including overlaying information, is seen as applying general purpose computing technology in its ordinary capacity to implement the abstract idea.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that forms the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 8-11 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hendrix (US 20140279610).
Claim 1. Hendrix teaches an automated prevailing wage determination system comprising:
one or more processors; and (para. 234 showing processor based electronic device)
memory in communication with the one or more processors and storing instructions that, when executed by the one or more processors, are configured to cause the system to: (para. 234 showing processor based electronic device)
receive or retrieve (para. 235 showing data transmission) first data and location data associated with the first data; (para. 236 showing database with employee and work location data)
receive or retrieve wage data based on the location data; (para. 236 showing wage data in addition to location data)
identify one or more classifications based on the first data; (para. 213 showing classification of work)
match the one or more classifications with the wage data; (para. 213 showing wage determination based on classification)
receive or retrieve second data associated with one or more users and the first data; (para. 216 showing multiple types of data pertaining to wages)
automatically determine one or more compensations based on the associated matched one or more classifications, second data, and wage data, wherein the one or more compensations comprises one or more fringe benefit amounts and one or more fringe benefit allocations; (para. 216 showing wage and fringe benefits determination from said database; para. 97 showing fringe benefits allocated to overtime)
generate a first graphical user interface (GUI) comprising the one or more compensations; and (para. 14 showing display over computer for fringe benefit information)
cause the system or another computing device to display the first GUI. (para. 315 showing report being displayed)
Claim 2. Hendrix teaches the automated prevailing wage determination system of claim 1, wherein the instructions are further configured to cause the system to:
transmit the one or more compensations to a computing device configured to generate one or more reports with the one or more fringe benefit amounts and the one or more fringe benefit allocations based on the matched classifications, the first data, the wage data, and the second data; and (para. 38 showing computer for generating said reports; para. 232 showing transmission to said computer)
cause the computing device to display the report in a second GUI. (para. 315 showing display of reports on computer)
Claim 3. Hendrix teaches the automated prevailing wage determination system of claim 2, wherein the instructions are further configured to cause the system to:
generate one or more fringe benefit statements associated with the one or more classifications; and (para. 315 showing monthly report for fringe hours)
transmit the one or more fringe benefit statements to the computing device for display in a third GUI. (para. 315 showing display of reports on computer)
Claim 4. Hendrix teaches the automated prevailing wage determination system of claim 1, wherein the instructions are further configured to cause the system to:
generate one or more reports comprising the one or more compensations based on the matched classifications, the first data, the wage data, and the second data; and (para. 315 showing monthly report for fringe hours)
cause the system or another computing device to display the one or more reports in a second GUI, (para. 315 showing display of reports on computer)
wherein the one or more compensations further comprise wages. (para. 315 showing monthly report for fringe hours)
Claim 5. Hendrix teaches the automated prevailing wage determination system of claim 4, wherein the instructions are further configured to cause the system to:
generate one or more fringe benefit statements associated with the one or more classifications; and (para. 315 showing monthly report for fringe hours)
cause the system or the another computing device to display the one or more fringe benefit statements in the second GUI. (para. 315 showing display of reports on computer)
Claim 8. Hendrix teaches the automated prevailing wage determination system of claim 1, wherein the first GUI comprises the one or more compensations for one pay period. (para. 252 showing pay period data in report)
Claim 9. Hendrix teaches the automated prevailing wage determination system of claim 1, wherein the instructions are further configured to cause the system to:
automatically modify first GUI and the one or more compensations based retrieved or received predetermined increase data. (para. 127 showing pay increase implemented in said system)
Claim 10. Hendrix teaches the automated prevailing wage determination system of claim 1, wherein the instructions are further configured to cause the system to:
generate one or more compliance reports based on the one or more compensations; and (para. 315 showing monthly compliance reports)
cause the system or another computing device to display the one or more compliance reports in a second GUI. (para. 315 showing display of reports on computer)
Claim 11. Hendrix teaches the automated prevailing wage determination system of claim 1, wherein the second data comprises time data and (para. 295 showing employee attendance data) associated geolocation data for at least one first user (para. 236 showing work location data) received from at least one first user device associated with the at least one first user. (para. 11 showing computer for client/user information)
Claim 20 is rejected on the same basis as claim 1, additionally: generate one or more fringe benefit statements associated with the one or more classifications and based on the one or more fringe benefit amounts and the one or more fringe benefit allocations; and (para. 315 showing monthly report for fringe hours)
cause the system or another computing device to display the one or more fringe benefit statements; (para. 315 showing display of reports on computer)
receive modified first data; (para. 51 showing modified data)
identify one or more classifications changes based on the modified first data; (para. 51 showing classification modifications)
generate one or more modified fringe benefit statements based on the one or more classifications; and(para. 315 showing monthly report for fringe hours)
cause the system or the another computing device to display the one or more modified fringe benefit statements in a graphical user interface (GUI). (para. 315 showing display of reports on computer)
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hendrix (US 20140279610) in view of Garcia (US 2004/0093256).
Claim 7. Hendrix teaches the automated prevailing wage determination system of claim 1, wherein determining the one or more compensations comprises:
identifying overtime rules associated with the location data; (para. 190 showing overtime rules associated with employee data)
identifying at least one user with overtime according to the overtime rules; (para. 190 showing employee with overtime)
responsive to determining that the overtime rules comprise the overtime benefit cap, determine overtime one or more fringe benefit amounts based on a rate less than one or more overtime rates and indicate in the GUI that the overtime benefit cap applies; and
responsive to the overtime rules do not comprise the overtime benefit cap, determine one or more overtime fringe benefits amounts based on the one or more overtime rates, (para. 243 showing determination of overtime)
wherein the one or more fringe benefit amounts comprise the one or more overtime fringe benefit amounts. (para. 190 showing overtime as part of fringe benefits)
Hendrix teaches overtime practices. It does not, but Garcia teaches: determining whether the overtime rules comprise an overtime benefit cap. (para. 14 showing overtime limit analysis)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system wage determination in Hendrix, with the known technique of overtime eligibility in Garcia, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for overtime management. See para. 36 of Garcia.
Claims 6, 12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hendrix (US 20140279610) in view of Wayne (US 2024/0020756).
Claim 6. Hendrix teaches the automated prevailing wage determination system of claim 4, wherein the instructions are further configured to cause the system to:
determine that prevailing wages apply to the first data; (para. 91 showing determination of applicability regarding wages and fringe benefits for certain contracts)
responsive to determining that the prevailing wages does not apply, (para. 121 showing determination of non-applicability for certain data) generate a notification from which the first data was received indicating that the prevailing wages do not appear to be required; and (para. 51 and 52 showing notifying relevant parties for any eligibility determinations)
responsive to determining the prevailing wages applies:
receive or retrieve the wage data based on the location data; (para. 236 showing wage data in addition to location data)
identify the one or more classifications based on the first data and the second data; (para. 213 showing classification of work)
match the one or more classifications with the wage data; (para. 213 showing wage determination based on classification)
determine the one or more compensations based on the associated one or more matched classifications and the wage data; (para. 216 showing wage and fringe benefits determination from said database; para. 97 showing fringe benefits allocated to overtime)
generate the report comprising the one or more compensations based on the one or more matched classifications, the first data, the second data, and the wage data; and (para. 315 showing monthly report for fringe hours)
cause the system or another computing device to display the report in the first GUI. (para. 315 showing display of reports on computer)
Hendrix does not, but Wayne teaches: transmit a notification to a user device. (para. 634 showing alert message in computer)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system wage determination in Hendrix, with the known technique of computerized notifications in Wayne, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for convenient data transmission. See para. 634 of Wayne for alerting a user in a computerized environment.
Claim 12. Hendrix teaches the automated prevailing wage determination system of claim 11, wherein the instructions are further configured to cause the system to:
set a geofence based on the first data and the location data; (para. 216 showing localities)
determine whether the associated geolocation data corresponds to the geofence; (para. 208 showing locality and determination of subsequent applicability)
responsive to determining that the associated geolocation data corresponds to the geofence: (para. 194 showing procession of payment when locality applies)
store the time data received from the at least one first user device; (para. 295 showing attendance for employees in computer)
Hendrix teaches software GUI and data transmission and input. It does not, but Wayne teaches:
generate a time sheet for the at least one first user associated with the at least one first user device with stored time data; (para. 634 showing schedule generation in GUI)
transmit each time sheet to one or more second user devices for display in a second GUI; and (para. 6 transmitting schedule; para. 634 showing displaying schedule)
receive approval of one or more time sheets from the one or more second user devices via the second GUI, (para. 390 showing approval of schedule)
wherein generating the one or more compensations is further based on the approved one or more time sheets. (para. 381 showing compensation based on schedule)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system wage determination in Hendrix, with the known technique of scheduling oversight, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for management of overtime pay. See para. 630 of Wayne.
Claim 16 is rejected on the same basis as claim 1, additionally: generate a first schedule for one or more users based on the first data; (para. 122 showing generation of schedule based on fringe data)
Hendrix does not, but Wayne teaches:
cause one or more user devices to display a graphical user interface (GUI) comprising the first schedule for one or more users based on the first data; (para. 691 showing displaying of work shifts)
identify overtime based on first data and wage data; (para. 630 showing overtime identification in schedules)
determine whether the first schedule comprises the overtime; and (para. 630 showing overtime identification in schedules)
responsive to determining the first schedule comprises the overtime, cause the one or more user devices to modify the GUI to comprise an indication of the overtime. (para. 630 showing overtime identification in schedules and showing data trend of overtime indication)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system wage determination in Hendrix, with the known technique of overtime management, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for management of overtime pay caps. See para. 630 of Wayne.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hendrix (US 20140279610) in view of Sharma (US 2022/0019730).
Claim 13. Hendrix teaches the automated prevailing wage determination system of claim 1. Hendrix teaches determining correct classifications in paragraphs 51 and 52, but not explicitly by the computer system. Sharma is, like present invention, directed to classification accuracy.
Hendrix does not, but Sharma, in para. 55, teaches: wherein the second data comprises one or more images, and (para. 55 showing image content)
wherein the instructions are further configured to cause the system to:
dynamically determine whether the matched one or more classifications are accurate; and (para. 55 showing threshold determination of confidence)
responsive to dynamically determining at least one matched classification of the one or more matched classifications are not accurate:
cause one or more user devices to display a second GUI comprising a prompt or indication of a discrepancy and one or more editable fields with at least one editable field of the one or more editable fields associated with the at least one matched classification; (label review team software for modification of class)
receive modified classification data via the at least one editable field; and (label review team software for modification of class)
modify the first GUI based on the modified classification data. (user application is updated)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system wage determination in Hendrix, with the known technique of classification correction in Sharma, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for automated classification. See para. 55 of Sharma.
Claim 14. Hendrix as modified by Sharma teaches the automated prevailing wage determination system of claim 13. Hendrix does not, but Sharma teaches wherein dynamically determining whether the matched one or more classifications are accurate by comparing, via a machine learning model trained to detect similarities in images, the one or more images to one or more stored images associated with the one or more classifications. (para. 55 showing machine learning model performing object and similarity recognition on image data using reference images)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system wage determination in Hendrix, with the known technique of classification correction in Sharma, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for automated classification. See para. 55 of Sharma.
Claim 15. Hendrix as modified by Sharma teaches the automated prevailing wage determination system of claim 13. Hendrix does not, but Sharma teaches wherein dynamically determining whether the matched one or more classifications are accurate by identifying, via a machine learning model trained to detect objects in images associated with the one or more classifications, an object in the one or more images indicative of the one or more classifications. (para. 55 showing machine learning model performing object and similarity recognition on image data using reference images)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system wage determination in Hendrix, with the known technique of classification correction in Sharma, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for automated classification. See para. 55 of Sharma.
Reasons why the Claims Would be Allowable over Prior Art
The following is a statement of reasons for the indication of allowable subject matter for claims 17-19:
No prior art or non-patent literature has been found that teaches the claimed limitations of overlaying the schedules regarding overtime in a GUI, in combination with the fringe benefits system and scheduling systems, the overtime reduction system, and in combination with the other limitations found within the independent claim(s).
The closest non-patent literature that reads on the Application is Buchan, Fringe Benefit tax on motor vehicles: Complexity and compliance cost. This paper describes a similar problem that is to be solved by present application, but does not detail the present invention. The closest prior art that reads on the claims are cited in the current rejections. Neither reference alone or in combination teach the combinations of the scheduling overlays, overtime reduction, and fringe benefits compliance system.
Conclusion
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/AARON TUTOR/Primary Examiner, Art Unit 3627