DETAILED ACTION
This is a non-final, first office action on the merits. Claims 1-7 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, claims 1-7 are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea.
With respect to Step 2A Prong One of the framework, claim 1 recites an abstract idea. Claim 1 includes “having at least one known location associated with an ISP and or Email and or GPS location that stores at least one known location data at least one manager data and at least one employee data includes a supervisory algorithm for allowing at least one manager to document an organization mission, an organization vision, strategic objectives of an organization, expected behavior within the organization, and systemic performance indicators; includes a manager algorithm for allowing the at least one manager to convey the organization mission, the organization vision, the organization strategic objectives, the organization expected behaviors, and the organization systemic performance indicators to an at least one employee; includes an employee algorithm for guiding the at least one employee to assemble systemic performance indicators data; provide a review of the systemic performance indicators; analyze the Systemic Performance Indicators; and document the review of the Systemic Performance Indicators; identify and document suggested corrective actions for Systemic Performance Indicators that are not in compliance with agreed to Systemic Performance Indicators; sends the management ISP and or management Email and or management GPS location to the supervisory to determine at least one known location and the supervisory computer database stores the at least one known location data with the at least one manager data manager data; allows the at least one manager to document the organization's Systemic Performance Indicators; allows the manager algorithm to transfer the organizations mission, the organizations vision, the organizations strategic objectives, the organizations expected behaviors, the organizations Systemic Performance Indicators to the supervisory; transfers the organizations mission, the organizations vision, the organizations Strategic Objectives, the organizations expected behaviors, the organizations Systemic Performance Indicators; sends the ISP and or Email and or GPS location of the at least at least one employee computer to the supervisory computer system and the supervisory system compares the ISP and or Email and or GPS location and determines a known location and stores the at least one known location data with the at least one employee data and downloads specific known location information stored in the at least on employee data; allows the at least one employee to assemble data which correlates to the Systemic Performance Indicators and transfers the data which correlates to the Systemic Performance Indicators to the supervisor and stores the data which correlates to the Systemic Performance Indicators; allows the at least one employee to input data for the Systemic Performance Indicators and documents employee input data and stores the employee input data to the Systemic Performance Indicators; allows the at least one employee to review the Systemic Performance Indicators and analyzes the Systemic Performance Indicators and documents the review of the Systemic Performance Indicators and stores the Systemic Performance Indicators; allows the at least one employee to identify and document suggested corrective actions for the Systemic Performance Indicators that are not in compliance with the agreed to the Systemic Performance Indicators; allow the at least one manager and the at least one employee to use the manager for meeting to review the Systemic Performance Indicators stored; allows the at least one manager and the at least one employee to agree upon and document the Systemic Performance Indicators results and corrective actions for the Systemic Performance Indicators at the meeting and using store Systemic Performance Indicators; allows the at least one manager and the at least one employee to meet at a next meeting and review the Systemic Performance Indicators results and corrective actions for the Systemic Performance Indicators stored; allows the at least one manager and the at least one employee to agree upon and document the Systemic Performance Indicators results and agreed upon corrective actions for the Systemic Performance Indicators stored using at the next meeting; analyze and or experiment with positive and negative pattern correlations between methods and practices with both positive and negative results to create knowledge and data trends; allows the at least one manager and the at least one employee to, at the next meeting, to agree upon corrective actions from prior review sessions not executed will result in disciplinary actions; uses Business Intelligence to provide relevant and result hard data-based facts for producing an Organizational Development Plan; uses Business Intelligence provides relevant and result hard data-based facts for producing Process Development Plans; and uses Business Intelligence provides relevant and result hard data-based facts for producing Individual Development Plans”.
The limitations above recite an abstract idea under Step 2A Prong One. More particularly, the elements above recite mental processes-concepts performed in the human mind (including an observation, evaluation, judgment, opinion) and certain methods of organizing human activity-managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) because the elements describe a process for performance management assessments. As a result, claims 1-7 recite an abstract idea under Step 2A Prong One.
Claims 2-7 further describe the process for performance management assessments. As a result, claims 2-7 recite an abstract idea under Step 2A Prong One for the same reasons as stated above with respect to claim 1.
With respect to Step 2A Prong Two of the framework, claim 1 does not include additional elements that integrate the abstract idea into a practical application. Claim 1 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements of claim 1 includes a supervisory computer, employee computer, a management computer, supervisor computer system database, supervisor computer system, management application, GPS, computer systems, modules, database, Aided Pattern Recognition, and Artificial Intelligence. When considered in view of the claim as a whole, the additional elements do not integrate the abstract idea into a practical application because the additional computing elements are generic computing elements that are merely used as a tool to perform the recited abstract idea. As a result, claim 1 does not include additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
Claims 2-6 do not include any additional elements beyond those recited with respect to claim 1. As a result, claims 2-6 do not include additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two for the same reasons as stated above with respect to claim 1.
Claim 7 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements of claim 7 includes a custom GPT and Al assistant. When considered in view of the claims as a whole, the additional elements do not integrate the abstract idea into a practical application because the additional computing elements do no more than generally link the use of the recited abstract idea to a particular technological environment. As a result, claim 7 does not include additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
With respect to Step 2B of the framework, claim 1 does not include additional elements amounting to significantly more than the abstract idea. As noted above, claim 1 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements of claim 1 includes a supervisory computer, employee computer, a management computer, supervisor computer system database, supervisor computer system, management application, GPS, computer systems, modules, database, Aided Pattern Recognition, and Artificial Intelligence. The additional elements do not amount to significantly more than the abstract idea because the additional computing elements are generic computing elements that are merely used as a tool to perform the recited abstract idea. Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, independent claim 1 does not include additional elements that amount to significantly more than the abstract idea under Step 2B.
Claims 2-6 do not include any additional elements beyond those recited with respect to claim 1. As a result, claims 2-6 do not include additional elements that amount to significantly more than the abstract idea under Step 2B for the same reasons as stated above with respect to claim 1.
Claim 7 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements of claim 7 includes a custom GPT and Al assistant. The additional elements do not amount to significantly more than the abstract idea because the additional computing elements do no more than generally link the use of the recited abstract idea to a particular technological environment. Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claim 7 does not include additional elements that amount to significantly more than the abstract idea under Step 2B.
Therefore, the claims are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea. Accordingly, claims 1-7 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim 1 is further rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. A system or apparatus defined merely by software, or terms synonymous with software or files, represents functional descriptive material (e.g. data structures or software) per se. Such material is considered non-statutory when claimed without appropriate corresponding structure. Here, in the broadest reasonable interpretation consistent with the specification, the Applicant’s claim 1 system elements of: “a supervisory computer”, “a supervisory computer”, “employee computer”, “a management computer”, “supervisor computer system database”, “supervisor computer system”, “management application”, “GPS”, “computer systems”, “modules”, “database”, “Aided Pattern Recognition”, and “Artificial Intelligence” encompass functions that can be executed entirely as software per se. As currently written, the claimed system lacks structure and is therefore non-statutory. Accordingly, claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 2-7 also recite elements that encompass functions that can be executed entirely as software per se. As a result, claims 2-7 are similarly rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Allowable Subject Matter
Claims 1-7 appear to be allowable if rewritten to overcome the 35 USC § 101 rejection.
The prior art references most closely resembling the Applicant’s claimed invention Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al. (US Pub No. 2019/0130512) (hereinafter Kuhn et al.), in view of Schroeder et al. (US Pub No. 2009/0138315) (hereinafter Schroeder et al.), in view of Hull et al. (US Pub No. 2014/0249877) (hereinafter Hull et al.), and further in view of Exall et al. (US Pat No. 7,330,817) (hereinafter Exall et al.).
Kuhn et al. discloses a supervisory computer having at least one known location associated with an ISP and or Email and or GPS location and a supervisory computer database that stores at least one known location data at least one manager data and at least one employee data wherein the supervisory computer includes a supervisory algorithm for allowing at least one manager to document an organization mission, an organization vision, strategic objectives of an organization, expected behavior within the organization, and systemic performance indicators (see Kuhn, Figs. 14 and 28, paras [0094], [0118]-[0120], and [0121], abstract, wherein Organizational account login types and permissions are assigned corresponding to function. The login types include Super-users or Leads, Supervisors, Employees, and Affiliates……SMEs are invited via email…. organization's mission, vision, and strategic plan……affiliates create a new User Profile for an organizational employee, the User may elect to invite that employee to participate. The employee will receive an electronic email invitation with a temporary password, forwarded to their company email address, providing access to the Aspire Leader Alignment Platform (600); and para [0155], wherein Data will be collected from others, electronically stored in a database, compiled and pooled to preserve confidentiality of Peers and Direct Reports, analyzed, and organized in an easy-to-understand format);
Kuhn et al. discloses at least one management computer in communication with the supervisory computer, the at least one management computer having a management application, a management ISP and or management Email and or management GPS module wherein the at least one management computer includes a manager algorithm for allowing the at least one manager to convey the organization mission, the organization vision, the organization strategic objectives, the organization expected behaviors, and the organization systemic performance indicators to an at least one employee (see Kuhn, Figs. 14 and 28, paras [0094], [0118]-[0120], and [0121], abstract, wherein Organizational account login types and permissions are assigned corresponding to function. The login types include Super-users or Leads, Supervisors, Employees, and Affiliates……SMEs are invited via email…. organization's mission, vision, and strategic plan……affiliates create a new User Profile for an organizational employee, the User may elect to invite that employee to participate. The employee will receive an electronic email invitation with a temporary password, forwarded to their company email address, providing access to the Aspire Leader Alignment Platform (600); and para [0155], wherein Data will be collected from others, electronically stored in a database, compiled and pooled to preserve confidentiality of Peers and Direct Reports, analyzed, and organized in an easy-to-understand format);
Kuhn et al. discloses at least one employee computer in communication with the supervisory computer, the at least one employee computer having an employee application, an employee ISP and or employee Email and or employee GPS module wherein the at least one employee computer includes an employee algorithm for guiding the at least one employee to assemble systemic performance indicators data (see Kuhn, Figs. 14, 20, and 28, paras [0094], [0118]-[0120], and [0121], abstract, wherein Organizational account login types and permissions are assigned corresponding to function. The login types include Super-users or Leads, Supervisors, Employees, and Affiliates……SMEs are invited via email…. organization's mission, vision, and strategic plan……affiliates create a new User Profile for an organizational employee, the User may elect to invite that employee to participate. The employee will receive an electronic email invitation with a temporary password, forwarded to their company email address, providing access to the Aspire Leader Alignment Platform (600); and para [0155], wherein Data will be collected from others, electronically stored in a database, compiled and pooled to preserve confidentiality of Peers and Direct Reports, analyzed, and organized in an easy-to-understand format);
Kuhn et al. discloses provide a review of the systemic performance indicators; analyze the Systemic Performance Indicators; and document the review of the Systemic Performance Indicators (see Kuhn, paras [0099], wherein Fig. 10 shows a second organization to analyze job-related performance criteria ratings. Users may request electronic references through the Aspire platform (100), as shown in FIG. 10. According to the system and method (10, 20), the Candidate then receives an email requesting reference contact information, including 2 former managers. The Candidate may then release past employers from liability. The Aspire platform (100) then sends Raters invitations to rate the Candidate on job-related performance criteria);
Kuhn et al. discloses identify and document suggested corrective actions for Systemic Performance Indicators (see Kuhn, paras [0095], wherein Table Skills 438E shows monitoring/assessing performance of yourself, other individuals, or organizations to make improvements or take corrective action);
Kuhn et al. discloses wherein the at least one management computer sends the management ISP and or management Email and or management GPS location of the at least one management computer to the supervisory computer and the supervisory computer (see Kuhn, para [0121], wherein affiliates create a new User Profile for an organizational employee, the User may elect to invite that employee to participate. The employee will receive an electronic email invitation with a temporary password, forwarded to their company email address, providing access to the Aspire Leader Alignment Platform (600)),
Kuhn et al. discloses the supervisory computer having at least one Known location associated with ISP and or Email and or GPS location of the at least one management computer to determine at least one known location and the supervisory computer database stores the at least one known location data with the at least one manager data manager data (see Kuhn, para [0121], wherein affiliates create a new User Profile for an organizational employee, the User may elect to invite that employee to participate. The employee will receive an electronic email invitation with a temporary password, forwarded to their company email address, providing access to the Aspire Leader Alignment Platform (600); and para [0155], wherein Data will be collected from others, electronically stored in a database, compiled and pooled to preserve confidentiality of Peers and Direct Reports, analyzed, and organized in an easy-to-understand format);
Kuhn et al. discloses wherein the at least one management computer allows the at least one manager to document the organization's Systemic Performance Indicators (see Kuhn, paras [0128]-[0130], wherein referring Fig. 42 provides a continuous performance evaluation, the WorkSkill Analysis graphs (700B) allow the supervisor to identify specific skill strengths and deficits………..The three to five Key Results (632) may always be measurable. Quantifiable Key Results (632) may have specifically stated measurement metrics, such as numbers, dollars, or percentage, which may objectively be measured. Qualitative Key Results (632) may be measured in terms of Percentage Complete);
Kuhn et al. discloses wherein the at least one management computer allows the manager algorithm to transfer the organizations mission, the organizations vision, the organizations strategic objectives, the organizations expected behaviors, the organizations Systemic Performance Indicators to the supervisory computer system (see Kuhn, para [0159], wherein a secured website, which means that any data transferred to or from this site is encrypted to ensure confidentiality; and paras [0128]-[0130], wherein referring Fig. 42 provides a continuous performance evaluation, the WorkSkill Analysis graphs (700B) allow the supervisor to identify specific skill strengths and deficits………..The three to five Key Results (632) may always be measurable. Quantifiable Key Results (632) may have specifically stated measurement metrics, such as numbers, dollars, or percentage, which may objectively be measured. Qualitative Key Results (632) may be measured in terms of Percentage Complete);
Kuhn et al. discloses wherein the supervisor computer system transfers the organizations mission, the organizations vision, the organizations Strategic Objectives, the organizations expected behaviors, the organizations Systemic Performance Indicators to at least one employee computer (see Kuhn, para [0121], wherein the employee will receive an electronic email invitation with a temporary password, forwarded to their company email address, providing access to the Aspire Leader Alignment Platform (600); and para [0099], wherein a second organization to analyze job-related performance criteria ratings. Users may request electronic references through the Aspire platform (100), as shown in FIG. 10. According to the system and method (10, 20), the Candidate then receives an email requesting reference contact information, including 2 former managers. The Candidate may then release past employers from liability. The Aspire platform (100) then sends Raters invitations to rate the Candidate on job-related performance criteria);
Kuhn et al. discloses wherein the at least one employee computer allows the at least one employee to assemble data which correlates to the Systemic Performance Indicators and using the at least one employee computer with the employee application transfers the data which correlates to the Systemic Performance Indicators to the supervisor computer system and the supervisory computer system stores the data which correlates to the Systemic Performance Indicators to the supervisory computer database (see Kuhn, para [0155], wherein Data will be collected from others, electronically stored in a database, compiled and pooled to preserve confidentiality of Peers and Direct Reports, analyzed, and organized in an easy-to-understand format. The results will be made available for you to review and discuss together with your supervisor via the DIALOGUE tab. From there, you can select and prioritize specific objectives to incorporate into your ACTION PLAN. All Supervisors, Peers, Direct Reports, or selected Followers may provide additional feedback on these and other targeted objectives you elect to share with them through Observations or Just-In Time Pulse Surveys initiated to recognize your progress; and paras [0130] & [0133], wherein the three to five Key Results (632) may always be measurable. Quantifiable Key Results (632) may have specifically stated measurement metrics, such as numbers, dollars, or percentage, which may objectively be measured. Qualitative Key Results (632) may be measured in terms of Percentage Complete. The Aspire Leader Alignment Platform (600) may implement objectives having Key Results (632) that may be created 30% top-down, or identified and/or recommended by an employee's Supervisor, and 70% bottom-up, or identified and/or recommended by the supervisor's Employee);
Kuhn et al. discloses wherein the at least one employee computer allows the at least one employee to input data for the Systemic Performance Indicators and documents employee input data and the at least one employee computer system stores the employee input data to the Systemic Performance Indicators to the supervisory computer database (see Kuhn, para [0106], wherein the HR User logs in to the Aspire Platform (100) to initiate testing activities. As shown in FIG. 11A, the HR User is prompted to select the Candidate to test and presented with a screen to select or create saved assessment; para [0155], wherein Data will be collected from others, electronically stored in a database, compiled and pooled to preserve confidentiality of Peers and Direct Reports, analyzed, and organized in an easy-to-understand format; and paras [0130] & [0133]-[0136], wherein Fig. 34 enables users to gather feedback with precision. A supervisor may choose to gather information about all WorkSkills (640), selected WorkSkills (640), and/or only those WorkSkills (640) that have been mapped to the specific competencies of their Direct-Report's position);
Kuhn et al. discloses wherein the at least one employee computer allows the at least one employee to review the Systemic Performance Indicators on the supervisory computer database using the at least one employee computer system and analyzes the Systemic Performance Indicators and documents the review of the Systemic Performance Indicators using the at least one employee computer system and stores the Systemic Performance Indicators to the supervisory computer database (see Kuhn, paras [0099], wherein Fig. 10 shows a second organization to analyze job-related performance criteria ratings. Users may request electronic references through the Aspire platform (100), as shown in FIG. 10. According to the system and method (10, 20), the Candidate then receives an email requesting reference contact information, including 2 former managers. The Candidate may then release past employers from liability. The Aspire platform (100) then sends Raters invitations to rate the Candidate on job-related performance criteria);
Kuhn et al. discloses wherein the at least one employee computer allows the at least one employee to identify and document suggested corrective actions for the Systemic Performance Indicators (see Kuhn, paras [0095], wherein Table Skills 438E shows monitoring/assessing performance of yourself, other individuals, or organizations to make improvements or take corrective action);
Kuhn et al. discloses wherein the at least one management computer allow the at least one manager and the at least one employee to use the manager for meeting to review the Systemic Performance Indicators stored in the supervisory computer database (see Kuhn, paras [0124], wherein they can view their direct Supervisor, Peers, and Direct-Reports, along with all lower levels………The HR Business Partner may further view the CHRO's Essential Functions or Tasks, view Organizational Objectives identified by the CEO, view Team Objectives owned by his Supervisor, and/or view the Dialogues Page. The Dialogues Page may be a collaborative area for supervision and support that documents a history of Weekly Updates, Quarterly Reviews, and/or Annual Reviews relating to the HR Business Partner's own areas of responsibility, and may include dated action items, documentation, and/or answers to selected questions; and para [0130], wherein the Aspire Leader Alignment Platform (600) may implement frequent, yet brief, one-on-one meetings throughout the quarter to facilitate course-corrections as the leader progresses toward his or her goals);
Kuhn et al. discloses wherein the system allows the at least one manager and the at least one employee to agree upon and document the Systemic Performance Indicators results and corrective actions for the Systemic Performance Indicators at the meeting and using the at least one management computer system with the management application store Systemic Performance Indicators in the supervisory computer database (see Kuhn, paras [0097]- [0099] & [0149]- [0161], wherein you have been invited to participate in a multi-rater feedback process……………. Data will be collected from others, electronically stored in a database, compiled and pooled to preserve confidentiality of Peers and Direct Reports, analyzed, and organized in an easy-to-understand format. The results will be made available for you to review and discuss together with your supervisor via the DIALOGUE tab. From there, you can select and prioritize specific objectives to incorporate into your ACTION PLAN…….…You are participating in a multi-rater feedback process through Company…..….I agree to allow Company to use my feedback results for research purposes as described above);
Kuhn et al. discloses wherein the system allows the at least one manager and the at least one employee to meet at a next meeting and review the Systemic Performance Indicators results and corrective actions for the Systemic Performance Indicators stored in the supervisory computer database using the management computer (see Kuhn, paras [0008] & [0118], wherein development platform where employees, managers, team members, and coaches may work with one another to achieve personal and professional objectives (602) that align well with their organization's mission, vision, and strategic plan (604). The Aspire Leadership Alignment Platform allows senior leaders, directors, unit managers, supervisors, individual contributors or line staff, and/or coaches or mentors to translate the organization's vision into meaningful and measurable goals, milestones, action items, and/or timelines……..allows everyone to be invited to participate and co-create attainable team objectives (606) and personal objectives (602), implement action plans, and/or leverage just-in-time feedback to achieve success, while also strengthening and developing individual character, capacities, and competencies…..to track symptom improvement, and to provide status updates to help their therapist monitor progress as well as prepare for the next session);
Kuhn et al. discloses wherein the system allows the at least one manager and the at least one employee to agree upon and document the Systemic Performance Indicators results and agreed upon corrective actions for the Systemic Performance Indicators stored in the supervisory computer database using the management computer at the next meeting (see Kuhn, paras [0097]- [0099], [0149]- [0161], & [0171]- [0174], wherein the Coach can also assign homework (readings, worksheets, videos to watch, or surveys). The Coaching Action Item Attachments screen (804) (not shown) allows the Coachee to interact with assigned material and prepare for their next meeting. The Coaching Action Item Attachments screen (804) may contain the following information, wherein the Action Items link to a .pdf document, the "Browse" link allows the user to browse for Action Item files, the "Upload" link allows the user to upload Action Item files);
Kuhn et al. discloses wherein the system allows the at least one manager and the at least one employee to, at the next meeting, to agree upon corrective actions from prior review sessions (see Kuhn, paras [0095], wherein Table Skills 438E shows monitoring/assessing performance of yourself, other individuals, or organizations to make improvements or take corrective action);
Kuhn et al. discloses wherein the supervisory computer uses Business Intelligence to provide relevant and result hard data-based facts for producing an Organizational Development Plan (see Kuhn, para [0114], wherein Fig. 18, in the Alignment Analysis section (518) of the Candidate Analysis Report (516), the Candidate Competency scores (532) are displayed, along with the weights (534) assigned to each competency (536) in the Competency section of the position's CM too calculate a Candidate's overall Competency Fit; paras [0129]-[0131], wherein accountabilities Action Planner of the Aspire Leader Alignment Platform (600) may further utilize Key Results (632), which may be used to measure goal achievement as well as alignment with intended goals. The Aspire Leader Alignment Platform (600) implements several best-practice recommendations relating to Key Results (632)…….The three to five Key Results (632) may always be measurable. Quantifiable Key Results (632) may have specifically stated measurement metrics, such as numbers, dollars, or percentage, which may objectively be measured. Qualitative Key Results (632) may be measured in terms of Percentage Complete… Leader Alignment Objectives (626) may translate the strategic and operational goals of an organization into alignment Initiatives, which may then be cascaded to teams, individuals, and/or work-groups. Formally stated Leader Alignment Objectives (626) and their closely associated Key Results (632) may become the ways and means of advancing the organization's business agenda);
Kuhn et al. discloses wherein the supervisory computer uses Business Intelligence provides relevant and result hard data-based facts for producing Process Development Plans (see Kuhn, paras [0158]-[0166], wherein findings from the. Aspire 360 Feedback tools (636) to facilitate recognition of strengths and precision targeting of excesses or challenges. In one on one meetings with a Direct-report, a Supervisor can use the Objective Selector (702) to review the results and select specific areas to target for development during the designated period.….; and para [0155], wherein analyzed, and organized in an easy-to-understand format. The results will be made available for you to review and discuss together with your supervisor via the DIALOGUE tab. From there, you can select and prioritize specific objectives to incorporate into your ACTION PLAN); and
Kuhn et al. discloses wherein the supervisory computer uses Business Intelligence provides relevant and result hard data-based facts for producing Individual Development Plans (see Kuhn, paras [0114]-[0118], wherein Fig. 18, in the Alignment Analysis section (518) of the Candidate Analysis Report (516), the Candidate Competency scores (532) are displayed, along with the weights (534) assigned to each competency (536) in the Competency section of the position's CM too calculate a Candidate's overall Competency Fit……The Aspire Leadership Alignment Platform allows senior leaders, directors, unit managers, supervisors, individual contributors or line staff, and/or coaches or mentors to translate the organization's vision into meaningful and measurable goals, milestones, action items, and/or timelines; and para [0155], wherein analyzed, and organized in an easy-to-understand format. The results will be made available for you to review and discuss together with your supervisor via the DIALOGUE tab. From there, you can select and prioritize specific objectives to incorporate into your ACTION PLAN).
Moreover, neither Kuhn et al., Schroeder et al., Hull et al., nor Exall et al. disclose wherein the supervisory computer uses Artificial Intelligence and Aided Pattern Recognition and to analyze and or experiment with positive and negative pattern correlations between methods and practices with both positive and negative results to create knowledge and data trends.
Analogous art Schroeder et al. discloses said at least one employee identifies and documents suggested corrective actions for said Systemic Performance Indicators that are not in compliance with agreed to said Systemic Performance Indicators (see Schroeder, paras [0191]-[0192] may provide an area for root cause corrective actions, which involve an analysis showing the source of problems identified in metrics 700 and the action(s) that are being done to correct the problems. For example, if any arrow 872 within section 870 is colored red or yellow, then section 880 may be used to show the proposal or plan being utilized to improve the particular metric(s) to, for example, a green condition and/or trending positively. Section 880 may also provide those who review the display the opportunity to see actions required to correct the color and/or trend of the metric(s)).
Analogous art Schroeder et al. discloses wherein the at least one employee computer allows the at least one employee to identify and document suggested corrective actions for the Systemic Performance Indicators that are not in compliance with the agreed to the Systemic Performance Indicators (see Schroeder, paras [0191]-[0192] may provide an area for root cause corrective actions, which involve an analysis showing the source of problems identified in metrics 700 and the action(s) that are being done to correct the problems. For example, if any arrow 872 within section 870 is colored red or yellow, then section 880 may be used to show the proposal or plan being utilized to improve the particular metric(s) to, for example, a green condition and/or trending positively. Section 880 may also provide those who review the display the opportunity to see actions required to correct the color and/or trend of the metric(s)).
Analogous art Hull et al. discloses wherein the at least at least one employee computer sends the ISP and or Email and or GPS location of the at least at least one employee computer to the supervisory computer system and the supervisory system compares the ISP and or Email and or GPS location of the at least at least one employee computer and determines a known location stored in the supervisor computer system database stores the at least one known location data with the at least one employee data and downloads specific known location information stored in the supervisor computer system in the at least on employee data (see Hull, paras [0095]-[ 0096] & paras [0077]-[ 0078], wherein Worker carrying the Smartphone device using the built-in GPS technology 320 and also obtains the time stamp from the Smartphone device 330. The Smartphone app then sends a Worker ID associated with the Worker carrying the Smartphone, the task assignment information which the Worker has punched in, the verified time of input and the location information of the Worker to the server 340. After receiving the information at the server, the server updates entries in the Worker database associated with the Worker 350…….. software application on the Smartphone has done a location check within a certain period of time (for example, in the last 30 seconds), then the location can be obtained from that application. If the location data is more than 5 or 10 minutes old, it may be preferred to obtain a new GPS location; and para [0142], wherein all the Worker needs to become a part of the system is a generic Smartphone and an app which can be downloaded remotely. When the new Worker downloads the app and launches it, he will be prompted to identify the company to join, and enter a user name and password. When this is done a push notification is sent to the company).
Analogous art Exall et al. discloses wherein the system allows the at least one manager and the at least one employee to, at the next meeting, to agree upon corrective actions from prior review sessions not executed will result in disciplinary actions (see Exall, column 19, lines 53-67, wherein using the checklist as a guide, the manager moves through the corrective action process, documenting the reason for corrective action, the employee's explanation, the impact of the employee's misconduct or poor performance on the business, any extenuating factors, and the fairness and consistency of the corrective action selected. The manager may consider the categories of information available to him on-line or via other media: the work rules and performance standards, the employee's performance and training histories, and corrective action taken in other similar situations. Based on the information considered, the manager completes the corrective action checklist and a record of corrective action (step 540). Managers are encouraged to partner with Human Resources in making discipline decisions).
Furthermore, since the specific combination of claim elements wherein the supervisory computer uses Artificial Intelligence and Aided Pattern Recognition and to analyze and or experiment with positive and negative pattern correlations between methods and practices with both positive and negative results to create knowledge and data trends recited in claim 1 cannot be found in the cited prior art and can only be found as recited in Applicant’s Specification, any combination of the cited references and/or additional references(s) to teach all the claim elements, including the aforementioned features not taught by the cited prior art, would be the result of impermissible hindsight reconstruction. Accordingly, a combination of Kuhn et al., Schroeder et al., Hull et al., Exall et al., and/or any other additional reference(s) would be improper to teach the claimed invention.
While the teachings of Kuhn et al., Schroeder et al., Hull et al., and Exall et al. separately address different parts of the claimed invention, these teachings would not be combinable by one of ordinary skill in the art at the time of the invention with a reasonable expectation of success to provide a predictable combination that would render the claimed invention obvious. Thus, the novelty of the claimed invention is in the combination of limitations rather than any single limitation.
Conclusion
The prior arts made of record and not relied upon is considered pertinent to applicant's disclosure.
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/HAFIZ A KASSIM/Primary Examiner, Art Unit 3623 03/23/2026