DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1 and 3 are objected to because of the following informalities:
In claim 1, “the reading active goal” should instead read “the reading activity goal”
In claim 3, “the amount of reading” should instead read “an amount of reading”
Appropriate correction is required.
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 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea(s) without significantly more.
Regarding Claim 1, analyzed as the representative claim:
[Step 1] Claim 1 recites “A reading service device…” which falls within the “machine” statutory category of invention under 35 U.S.C. § 101.
[Step 2A – Prong 1] Claim 1 recites “A reading service device for supporting a reading activity between an administrator terminal that an administrator uses and a learner terminal that a learner uses, the reading service device comprising: a goal setting unit, when a goal for the reading activity is set by the administrator terminal, updating the set reading activity goal and providing the updated reading activity goal to the learner terminal; a monitor monitoring the reading activity that is performed by the learner terminal; and a rewarder performing electronic payment for a reward prize of the reading activity goal when payment related to the reward prize is requested by the administrator terminal, retaining an ownership of the reward prize when the electronic payment is completed, and transferring the retained ownership of the reward prize to the learner terminal when a learning status of the learner terminal reaches the reading active goal.” The bolded limitations, under their broadest reasonable interpretation, encompass mental processes (including observation, evaluation, judgment, and opinion) or methods of organizing human activity (managing personal behavior or relationships or interactions between people – including social activities, teaching, and following rules or instructions; and/or fundamental economic practices). That is, other than reciting that the method is performed “by a computer program executing on a computing device,” nothing in the claim precludes the steps from practically being performed by a human and/or in the human mind. Specifically, the claim encompasses a teacher or guardian assigning tasks to a student, monitoring that the student completes the task, and offering a reward for task completion. Accordingly, the claim recites an abstract idea(s).
[Step 2A – Prong 2] The judicial exception is not integrated into a practical application. Specifically, the claim recites the additional elements of terminals, a goal setting unit, a monitor, and a rewarder, wherein these computing and program components are recited at a high level of generality and merely automate the setting, updating, monitoring, performing, and transferring steps. Therefore, these additional elements amount to no more than mere instructions to apply the exception using a generic computing device, which does not impose any meaningful limits on practicing the abstract idea(s) or otherwise integrate the recited exception(s) into a practical application. Thus, the claim is directed to an abstract idea(s).
[Step 2B] The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea(s) into a practical application, the additional elements of terminals, a goal setting unit, a monitor, and a rewarder performing the recited steps amount to no more than mere instructions to apply the exception using a generic computing device, which cannot provide an inventive concept. Accordingly, representative claim 1 is not patent eligible.
Claims 2-9 are dependent on representative claim 1 and include all of the limitations of claim 1. Therefore, the dependent claims recite the same abstract idea(s) as those recited in the independent claim or contain limitations drawn to generic computer components and/or reciting extra solution activities. While the dependent claims may have a narrower scope than the representative claim, no claim contains an additional element to integrate the abstract idea(s) into a practical application or to render an inventive concept that transforms the corresponding claim into a patent eligible application of the otherwise ineligible abstract idea(s). Thereby, claims 2-9 (and like claims 10-15) are also patent ineligible.
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0243175 (hereinafter “Raman”) in view of US 2009/0226871 (hereinafter “Etuk”).
Regarding Claim 1, Raman discloses an educational/learning device for supporting an educational/learning activity between an administrator terminal that an administrator uses (par. 0039: “system 100 may be accessed by the… administrator 12 through an internet 1 website 120… using any internet-connected electronic device, including, smartphones, tablets, computers”) and a learner terminal that a learner uses (par. 0039: “system 100 may be accessed by the user 10… through an internet 1 website 120… using any internet-connected electronic device, including, smartphones, tablets, computers”), the educational/learning device comprising:
a goal setting unit, when a goal for the educational/learning activity is set by the administrator terminal, updating the set educational/learning activity goal (par. 0022: “an account manager or administrator 12, such as a parent, a guardian… a teacher… the ability to configure the settings for the desired activities 112, the target tasks 110, and the reward bank 114. Thus, an account manager 12 may be able to set what target tasks 110 need to be completed for the user 10”) and providing the updated educational/learning activity goal to the learner terminal (par. 0029: “The message display 118 may indicate what target activities 110 need to be completed;” par. 0021: “the user or team 10 receives a message through the message display 118 indicating why access [to a reward] was denied”);
a monitor monitoring the educational/learning activity that is performed by the learner terminal (fig. 2: monitoring application 102; par. 0018: “monitoring device 102 may monitor the activities of a user 10 or a team to determine whether a target task or activity 110 has been completed”); and
a rewarder performing electronic payment for a reward prize of the educational/learning activity goal when payment related to the reward prize is requested by the administrator terminal, retaining an ownership of the reward prize when the electronic payment is completed (par. 0021: “the reward management application 106 may include one or more of the following functions: allow points from the administer 12 to be manually added (credited) to the reward bank 114… allow points to be lent or sold by the user 10 from the reward bank 114 to a third party or borrowed or bought by the user 10 from a third party (106D).... Thus, in many respects, the reward bank 114 may function similarly to a conventional bank, wherein the currency is reward points rather than money;” Examiner notes the reward points and/or rewards are retained until the student completes the target activity and can redeem them), and
transferring the retained ownership of the reward prize to the learner terminal when a learning status of the learner terminal reaches the educational/learning activity goal (par. 0024: “Upon completion of the target activity 110, a user 10 may have access to a desired activity 112 and/or reward. Examples of desired activities/rewards 112 include gift cards or access to funds on gift cards, access to funds on credit cards;” fig. 6: “credit user’s reward bank account” at step 606 if user is determined to have completed the target activity(ies) at step 604).
Raman does not explicitly disclose that the activity or activity goal relate to a reading activity and instead more generally discloses any kind of educational/learning activity and goal (par. 0023: “Examples of target activities 110 to be completed include online learning/education… the system 100 may be adapted to promote the completion of any desired target activity 110”). However, Etuk discloses a reading service device, a reading activity, and a reading activity goal (par. 0064: “to earn more ERC Points in reading-related activities (or other educational areas);” par. 0053: “categories may include an amount of reading involved;” claim 1: “computing device is configured to: provide an interactive educational program to a user”).
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 reading activities and reading activity goals of Etuk with the general educational activities and goals of the system disclosed by Raman in order to provide tailored educational activities/goals based on a particular educational area (reading) (Etuk, par. 0064).
Regarding Claim 2, Raman modified by Etuk further discloses the goal setting unit provides default setting of the reading activity goal (see claim 1 above for integration of reading activity/goal of Etuk as the educational activity/goal of Raman) on the basis of personal information of the learner (Etuk, par. 0064: “ERC Point Company 110 offers an option, possibly to the parents of child 130, of monitoring and influencing the "well-roundedness" of the education the child 130 is obtaining through use of the System. For example, a child who loves mathematics and hates reading may gravitate towards mathematics-related activities to earn ERC Points while completely neglecting reading-related activities. ERC Point Company 110 may provide the option of requiring a child 130, over time, to earn more ERC Points in reading-related activities (or other educational areas) in order to be allowed to redeem the ERC Points. ERC Point Company 110 may also customize the delivery of an educational activity 20 based upon the personality of the child 130, so that the experience of the child 130 is most conducive to his or her absorption of the activity's information;” Examiner notes the system is automating the process of setting an activity goal based on personal information collected about the learner), and finally sets the reading activity goal using customized setting when the default setting is changed into the customized setting suitable for the learner by the administrator terminal (Raman, par. 0022: “an account manager or administrator 12, such as a parent, a guardian… a teacher… the ability to configure the settings for the desired activities 112, the target tasks 110… an account manager 12 may be able to set what target tasks 110 need to be completed for the user 10”).
Regarding Claim 3, Raman modified by Etuk further discloses the goal setting unit calculates at least one activity pattern of an area of interest, an activity area, the amount of reading, a reading time, a post-reading activity time, and a goal achievement rate of the learner using a history of reading activities performed before by the learner terminal, and reflects the calculated activity pattern to the default setting (Etuk, par. 0056: “Components may include, for example, the amounts of reading involved… and the amount of time necessary for completion of the goal;” par. 0064: “For example, a child who loves mathematics and hates reading may gravitate towards mathematics-related activities to earn ERC Points while completely neglecting reading-related activities. ERC Point Company 110 may provide the option of requiring a child 130, over time, to earn more ERC Points in reading-related activities (or other educational areas) in order to be allowed to redeem the ERC Points”).
Regarding Claim 4, Raman modified by Etuk further discloses the goal setting unit calculates a level of difficulty of the reading activity goal (see claim 1 above for integration of reading activity/goal of Etuk as the educational activity/goal of Raman) and recommends a reward prize suitable for the calculated level of difficulty to the administrator terminal (Etuk, par. 0029: “first party 10 may determine that, based upon the difficulty and length of the test, user 30 will receive five points;” par. 0066: “When a user 30 correctly completes a certain number of algebraic steps, and thus one or more goals, he is awarded one or more points, depending upon the difficulty of the goal”).
Regarding Claim 5, Raman modified by Etuk further discloses when a plurality of reading activity goals (see claim 1 above for integration of reading activity/goal of Etuk as the educational activity/goal of Raman) is set, the goal setting unit calculates a level of difficulty for each of the reading activity goals and recommends appropriate reward prizes to the administrator terminal in accordance with the order of the calculated levels of difficulty (Etuk, par. 0056: “he proprietary effort equation may include calculation of points based upon the goal's individual components. Components may include, for example, the amounts of reading involved, amount of math, amount of intuitive reasoning, and the amount of time necessary for completion of the goal. ERC Point Company 110 preferably develops these components, and their relative importance… to assign a certain number of ERC Points to individual components of the goals;” par. 0058: “determine monetary values of the points based upon relative point values of goals… monetary values may be applied to goals within educational activities 20, and relative numbers of points assigned to the goals based upon their relative monetary values”).
Regarding Claim 6, Raman modified by Etuk further discloses when a plurality of reading activity goals (see claim 1 above for integration of reading activity/goal of Etuk as the educational activity/goal of Raman) is set, the monitor monitors a reading activity for a reading activity goal that is performed by the learner terminal of the plurality of reading activity goals (Raman, fig. 2: monitoring application 102 can monitor for completion of a given target activity out of a plurality of target activities 110; fig. 6: monitoring application monitors user’s target activities at steps 602, 604).
Regarding Claim 7, Raman modified by Etuk further discloses the monitor determines priority of the plurality of reading activity goals (see claim 1 above for integration of reading activity/goal of Etuk as the educational activity/goal of Raman) and induces a reading activity to take place in accordance with the determined priority (Etuk, par. 0064: “ERC Point Company 110 may provide the option of requiring a child 130, over time, to earn more ERC Points in reading-related activities (or other educational areas) in order to be allowed to redeem the ERC Points;” pars. 0056-0057: “ERC Point Company 110 preferably develops these components, and their relative importance… determining points may be further tailored based upon developing research regarding the relative importance of the components”).
Regarding Claim 8, Raman modified by Etuk further discloses when the reading activity goal (see claim 1 above for integration of reading activity/goal of Etuk as the educational activity/goal of Raman) is not achieved within a preset period, the rewarder transfers the retained ownership of the reward prize to the administrator terminal or hands over the reward prize as a reward prize for a reading activity that is performed next (Etuk, par. 0033: “a parent may place twenty dollars on the account of his child, user 30. If the child engages in the particular educational activity 20 and performs well enough to receive half of the total possible points, he is provided half the twenty dollars, or ten dollars, that may be used for purchases. The parent may have the other ten dollars applied to other educational activities 20, or possibly withdrawn from the account;” Examiner notes that if an activity goal is not achieved within a period determined by the administrator/parent, that administrator/parent may either allow the learner to earn that reward for completing a consequent goal or may withdraw the reward back into their own account).
Regarding Claim 9, Raman modified by Etuk further discloses when a reading activity event (see claim 1 above for integration of reading activity/goal of Etuk as the educational activity/goal of Raman) is generated by the administrator terminal during the reading activity, the rewarder manages rewarding with an event prize for the reading activity event (par. 0029: “user 30 may obtain points by correctly answering 80% of the questions on a computerized… test provided by first party 10 through the Internet. In this example, first party 10 may determine that, based upon the difficulty and length of the test, user 30 will receive five points;” par. 0050: “Points may also be awarded for exceptional performance in standard activities or other educational activities the child is required… to engage in, such as the taking of a test;” Examiner notes the test is being interpreted as an activity event).
Regarding Claim 10, Raman discloses an educational/learning service method that is performed by an educational/learning service device for supporting an educational/learning activity between an administrator terminal that an administrator uses (par. 0039: “system 100 may be accessed by the… administrator 12 through an internet 1 website 120… using any internet-connected electronic device, including, smartphones, tablets, computers”) and a learner terminal that a learner uses (par. 0039: “system 100 may be accessed by the user 10… through an internet 1 website 120… using any internet-connected electronic device, including, smartphones, tablets, computers”), the educational/learning service method comprising:
when at least one goal for the educational/learning activity is set by the administrator terminal, updating the set educational/learning activity goal (par. 0022: “an account manager or administrator 12, such as a parent, a guardian… a teacher… the ability to configure the settings for the desired activities 112, the target tasks 110, and the reward bank 114. Thus, an account manager 12 may be able to set what target tasks 110 need to be completed for the user 10”);
performing electronic payment for a reward prize of the educational/learning activity goal when payment related to the reward prize is requested by the administrator terminal, and retaining an ownership of the reward prize when the electronic payment is completed (par. 0021: “the reward management application 106 may include one or more of the following functions: allow points from the administer 12 to be manually added (credited) to the reward bank 114… allow points to be lent or sold by the user 10 from the reward bank 114 to a third party or borrowed or bought by the user 10 from a third party (106D).... Thus, in many respects, the reward bank 114 may function similarly to a conventional bank, wherein the currency is reward points rather than money;” Examiner notes the reward points and/or rewards are retained until the student completes the target activity and can redeem them);
providing information about the updated educational/learning activity goal and the retained reward prize to the learner terminal (par. 0029: “The message display 118 may indicate what target activities 110 need to be completed;” par. 0021: “the user or team 10 receives a message through the message display 118 indicating why access [to a reward] was denied;” par. 0022: “an account manager 12 may be able to set what target tasks 110 need to be completed for the user 10 to have access to a desired activity 112 or to earn a particular number of reward points”);
monitoring the educational/learning activity that is performed by the learner terminal (fig. 2: monitoring application 102; par. 0018: “monitoring device 102 may monitor the activities of a user 10 or a team to determine whether a target task or activity 110 has been completed”); and
transferring the retained ownership of the reward prize to the learner terminal when a learning status of the learner terminal reaches the educational/learning activity goal during the monitoring (par. 0024: “Upon completion of the target activity 110, a user 10 may have access to a desired activity 112 and/or reward. Examples of desired activities/rewards 112 include gift cards or access to funds on gift cards, access to funds on credit cards;” fig. 6: “credit user’s reward bank account” at step 606 if user is determined to have completed the target activity(ies) at step 604).
Raman does not explicitly disclose that the activity or activity goal relate to a reading activity and instead more generally discloses any kind of educational/learning activity and goal (par. 0023: “Examples of target activities 110 to be completed include online learning/education… the system 100 may be adapted to promote the completion of any desired target activity 110”). However, Etuk discloses a reading service device, a reading service method, a reading activity, and a reading activity goal (par. 0064: “to earn more ERC Points in reading-related activities (or other educational areas);” par. 0053: “categories may include an amount of reading involved;” par. 0010: “a method for rewarding educational accomplishment includes: providing an educational activity to a user; providing one or more points to the user for achievement by the user of a goal within the educational activity;” claim 1: “computing device is configured to: provide an interactive educational program to a user”).
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 reading activities and reading activity goals of Etuk with the general educational activities and goals of the system disclosed by Raman in order to provide tailored educational activities/goals based on a particular educational area (reading) (Etuk, par. 0064).
Regarding Claim 11, Raman modified by Etuk further discloses the updating provides default setting of the reading activity goal (see claim 10 above for integration of reading activity/goal of Etuk as the educational activity/goal of Raman) on the basis of personal information of the learner (Etuk, par. 0064: “ERC Point Company 110 offers an option, possibly to the parents of child 130, of monitoring and influencing the "well-roundedness" of the education the child 130 is obtaining through use of the System. For example, a child who loves mathematics and hates reading may gravitate towards mathematics-related activities to earn ERC Points while completely neglecting reading-related activities. ERC Point Company 110 may provide the option of requiring a child 130, over time, to earn more ERC Points in reading-related activities (or other educational areas) in order to be allowed to redeem the ERC Points. ERC Point Company 110 may also customize the delivery of an educational activity 20 based upon the personality of the child 130, so that the experience of the child 130 is most conducive to his or her absorption of the activity's information;” Examiner notes the system is automating the process of setting an activity goal based on personal information collected about the learner), and finally sets the reading activity goal using customized setting when the default setting is changed into the customized setting suitable for the learner by the administrator terminal (Raman, par. 0022: “an account manager or administrator 12, such as a parent, a guardian… a teacher… the ability to configure the settings for the desired activities 112, the target tasks 110… an account manager 12 may be able to set what target tasks 110 need to be completed for the user 10”).
Regarding Claim 12, Raman modified by Etuk further discloses the updating calculates a level of difficulty of the reading activity goal (see claim 10 above for integration of reading activity/goal of Etuk as the educational activity/goal of Raman) and recommends a reward prize suitable for the calculated level of difficulty to the administrator terminal (Etuk, par. 0029: “first party 10 may determine that, based upon the difficulty and length of the test, user 30 will receive five points;” par. 0066: “When a user 30 correctly completes a certain number of algebraic steps, and thus one or more goals, he is awarded one or more points, depending upon the difficulty of the goal”).
Regarding Claim 13, Raman modified by Etuk further discloses when a plurality of reading activity goals (see claim 10 above for integration of reading activity/goal of Etuk as the educational activity/goal of Raman) is set, the updating calculates a level of difficulty for each of the reading activity goals and recommends appropriate reward prizes to the administrator terminal in accordance with the order of the calculated levels of difficulty (Etuk, par. 0056: “he proprietary effort equation may include calculation of points based upon the goal's individual components. Components may include, for example, the amounts of reading involved, amount of math, amount of intuitive reasoning, and the amount of time necessary for completion of the goal. ERC Point Company 110 preferably develops these components, and their relative importance… to assign a certain number of ERC Points to individual components of the goals;” par. 0058: “determine monetary values of the points based upon relative point values of goals… monetary values may be applied to goals within educational activities 20, and relative numbers of points assigned to the goals based upon their relative monetary values”).
Regarding Claim 14, Raman modified by Etuk further discloses when a plurality of reading activity goals (see claim 10 above for integration of reading activity/goal of Etuk as the educational activity/goal of Raman) is set, the monitoring monitors a reading activity for a reading activity goal that is performed by the learner terminal of the plurality of reading activity goals (Raman, fig. 2: monitoring application 102 can monitor for completion of a given target activity out of a plurality of target activities 110; fig. 6: monitoring application monitors user’s target activities at steps 602, 604).
Regarding Claim 15, Raman modified by Etuk further discloses when the reading activity goal (see claim 10 above for integration of reading activity/goal of Etuk as the educational activity/goal of Raman) is not achieved within a preset period, the transferring transfers the retained ownership of the reward prize to the administrator terminal or hands over the reward prize as a reward prize for a reading activity that is performed next (Etuk, par. 0033: “a parent may place twenty dollars on the account of his child, user 30. If the child engages in the particular educational activity 20 and performs well enough to receive half of the total possible points, he is provided half the twenty dollars, or ten dollars, that may be used for purchases. The parent may have the other ten dollars applied to other educational activities 20, or possibly withdrawn from the account;” Examiner notes that if an activity goal is not achieved within a period determined by the administrator/parent, that administrator/parent may either allow the learner to earn that reward for completing a consequent goal or may withdraw the reward back into their own account).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2009/0047650 (Leuck) teaches a system in which teachers can assign content to students and those students can earn and redeem points for completing the relevant tasks. Parents can also monitor the students’ performance.
US 5,743,746 (Ho) teaches a system which rewards students for accomplishing particular pre-determined milestones in a variety of subjects. A teacher or parent/guardian sets the milestones and rewards, and difficulty of attaining those milestones is considered.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE DOSHER whose telephone number is (571) 272-4842. The examiner can normally be reached Monday - Friday, 10 a.m. - 6 p.m. ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.G.D./Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715
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