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 .
Status of Application
This office action is in response to the most recent filings filed by applicants on 03/02/26.
Claims 1, 3-7, 10-15 and 17-30 are amended
Claims 2, 9 and 16 are cancelled
No claims are added
Claims 1, 3-8, 10-15, and 17-20 are pending
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3-8, 10-15, and 17-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without significantly more.
Step One - First, pursuant to step 1 in the January 2019 Guidance on 84 Fed. Reg. 53, the claims 1, 3-8, 10-15, and 17-20 is/are directed to a mobile application tool for a smart device comprising: plurality of integrated features comprising, which is a statutory category.
As such, claims 1, 3-8, 10-15, and 17-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 2A Prong 1: Identify the Abstract Idea(s)
The Alice framework, steps 2A-Prong One (part 1 of Mayo Test), here, the claims are analyzed to determine if the claims are directed to a judicial exception. MPEP 2106.04(a). In determining, whether the claims are directed to a judicial exception, the claims are analyzed to evaluate whether the claims recite a judicial exception (Prong One of Step 2A), and whether the claims recite additional elements that integrate the judicial exception into a practical application (Prong Two of Step 2A). See 2019 Revised Patent Subject Matter Eligibility Guidance (“PEG” 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50-57 (Jan. 7, 2019)).
Under the 2019 PEG, Step 2A under which a claim is not “directed to” a judicial exception unless the claim satisfies a two-prong inquiry. Further, particular groupings of abstract ideas are consistent with judicial precedent and are based on an extraction and synthesis of the key concepts identified by the courts as being abstract.
Independent claims 1, 12 and 15, with respect to the Step 2A, Prong One, when “taken as a whole” the claims as drafted, and given their broadest reasonable interpretation, fall within the Abstract idea grouping of “certain methods of organizing human activity” (business relations; relationships or interactions between people). For instance, independent Claim 15 is directed to an abstract idea, as evidenced by claim limitations “a profile feature; a time-tracking feature; a performance monitoring feature; a calculation feature; an equipment usage feature; a record storage feature; a timesheet and attendance generation feature; a job selection feature; a notification and reminder feature; a reporting feature; an expense tracking and reimbursement feature; and a GPS feature; wherein ensure a travel worker is aware of pay rates, wages, and benefits they should receive based on a plurality of data input into each of the plurality of features; and wherein the profile features allow a user to input a name, a contact information, an employee ID, an employer's name, a job title, a job category, a responsibility, a certification, a skill, and a qualification; and further wherein the expense tracking and reimbursement feature tracks a travel cost, an accommodation, and a meal.”
Independent Claim 1 has the following limitations that are not addressed in claim 15:
“further wherein the calculation features calculates the expected wage and the expected benefit while factoring in an overtime pay and a hazard pay.”
Independent Claim 12 has the following limitations that are not addressed in claim 15:
“a notification and reminder feature; and
a reporting feature
further wherein the timesheet and attendance generation feature is configured to generate a PDF timesheet based on an amount of hours worked and an attendance record.”
Applicants’ specification discusses in [0002]: the present invention relates to a mobile application that travel workers can use to manage work-related factors, expenses, wages, etc.
These claim limitations belong to the grouping of “certain methods of organizing human activity” because the claims are related to managing work-related factors for one or more human entities involves organizing human activity based on the description of “certain methods of organizing human activity” provided by the courts. The court have used the phrase “Certain methods of organizing human activity” as —fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).
Independent Claims 1 and 12 is/are recite substantially similar limitations to independent claim 15 and is/are rejected under 2A for similar reasons to claim 15 above.
Step 2A Prong 2: Additional Elements That Integrate the Judicial Exception into a Practical Application
With respect to the Step 2A, Prong Two - This judicial exception is not integrated into a practical application. In particular, the claim recites additional elements: “A travel worker mobile application tool for a smart device comprising: A plurality of integrated features comprising: the tool is configured to” at a high level of generality such that it amounts to no more than: Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, as discussed in MPEP 2106.05(f). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea with no significantly more elements.
Applicants originally submitted specification describes the computer components above at least in page/ paragraph [0023]. In light of the specification, it should be noted that the components discussed above did not meaningfully limit the abstract idea because they merely linked the use of the abstract idea to a particular technological environment (i.e., "implementation via computers").
Thus, the additional elements do not integrate the abstract idea into practical application because they do not impose any meaningful limitations on practicing the abstract idea. As a result, claims 1, 12 and 15 do not provide any specifics regarding the integration into a practical application when recited in a claim with a judicial exception. See MPEP 2106.05(f).
Similarly dependent claims 3-8, 10-11, 13-14, and 17-20 are also directed to an abstract idea under 2A, first and second prong. In the present application, all of the dependent claims have been evaluated and it was found that they all inherit the deficiencies set forth with respect to the independent claims. For instance, dependent claims 3 recite “wherein the time tracking automatically logs a travel time based on a GPS data or a manual input” and dependent claims 8 recite “wherein the record storage features allows a user to store a daily record, the daily record comprised of a travel log, an amount of hours worked, and a tax deduction”. Here, these claims offer further descriptive limitations of elements found in the independent claims which are similar to the abstract idea noted in the independent claim above. As a result, Examiner asserts that dependent claims, such as dependent claims 3-8, 10-11, 13-14, and 17-20 are also directed to the abstract idea identified above.
Step 2B: Determine Whether Any Element, Or Combination, Amount to “Significantly More” Than the Abstract Idea Itself
With respect to Step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. First, the invention lacks improvements to another technology or technical field [see Alice at 2351; 2019 IEG at 55], and lacks meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment [Alice at 2360, 2019 IEG at 55], and fails to effect a transformation or reduction of a particular article to a different state or thing [2019 IEG, 55]. For the reasons articulated above, the claims recite an abstract idea that is limited to a particular field of endeavor (MPEP § 2106.05(h)) and recites insignificant extra-solution activity (MPEP § 2106.05(g)). By the factors and rationale provided above with respect to these MPEP sections, the additional elements of the claims that fail to integrate the abstract idea into a practical application also fail to amount to “significantly more” than the abstract idea.
As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) of “A travel worker mobile application tool for a smart device comprising: A plurality of integrated features comprising: the tool is configured to” are insufficient to amount to significantly more. Applicants originally submitted specification describes the computer components above at least in page/ paragraph [0023]. In light of the specification, it should be noted that the components discussed above did not meaningfully limit the abstract idea because they merely linked the use of the abstract idea to a particular technological environment (i.e., "implementation via computers"). In light of the specification, it should be noted that the claim limitations discussed above are merely instructions to implement the abstract idea on a computer. See MPEP 2106.05(f). (See MPEP 2106.05(f) - Mere Instructions to Apply an Exception - “Thus, for example, claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible.” Alice Corp., 134 S. Ct. at 235). Mere instructions to apply an exception using computer component cannot provide an inventive concept.). The additional elements amount to no more than a recitation of generic computer elements utilized to perform generic computer functions, such as performing repetitive calculations, Bancorp Services v. Sun Life, 687 F.3d 1266, 1278, 103 USPQ2d 1425, 1433 (Fed. Cir. 2012) ("The computer required by some of Bancorp’s claims is employed only for its most basic function, the performance of repetitive calculations, and as such does not impose meaningful limits on the scope of those claims."); and storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93; see MPEP 2106.05(d)(II).
Therefore, the claims at issue do not require any nonconventional computer, network, or display components, or even a “non-conventional and non-generic arrangement of know, conventional pieces,” but merely call for performance of the claimed on a set of generic computer components” and display devices. All of these additional elements are significantly more because these, again, are merely the software and/or hardware components used to implement the abstract idea on a general-purpose computer. Generically recited computer elements do not add a meaningful limitation to the abstract idea because the Alice decision noted that generic structures that merely apply abstract ideas are not significantly more than the abstract ideas.
The computing elements with a computing device is recited at high level of generality (e.g. a generic device performing a generic computer function of processing data). Thus, this step is no more than mere instructions to apply the exception on a generic computer. In addition, using a processor to process data has been well- understood routing, conventional activity in the industry for many years. Generic computer features, such as system or storage, do not amount to significantly more than the abstract idea. These limitations merely describe implementation for the invention using elements of a general-purpose system, which is not sufficient to amount to significantly more. See, e.g., Alice Corp., 134 S. Ct. 2347, 110 USPQ2d 1976; Versata Dev. Group, Inc. v. SAP Am. Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1791 (Federal Circuit 2015).
Independent Claims 1 and 12 is/are recite substantially similar limitations to independent claim 15 and is/are rejected under 2B for similar reasons to claim 15 above.
Further, it should be noted that additional elements of the claimed invention such as claim limitations when considered individually or as an ordered combination along with the other limitations discussed above in claim 15 also do not meaningfully limit the abstract idea because they merely linked the use of the abstract idea to a particular technological environment (i.e., "implementation via computers"). In light of the specification, it should be noted that the claim limitations discussed above are merely instructions to implement the abstract idea on a computer. See MPEP 2106.
Similarly, dependent claims 3-8, 10-11, 13-14, and 17-20 also do not include limitations amounting to significantly more than the abstract idea under the second prong or 2B of the Alice framework. In the present application, all of the dependent claims have been evaluated and it was found that they all inherit the deficiencies set forth with respect to the independent claims. Further, it should be noted that the dependent claims do not include limitations that overcome the stated assertions. Here, the dependent claims recite features/limitations that include computer components identified above in part 2B of analysis of independent claims 1, 12 and 15. As a result, Examiner asserts that dependent claims, such as dependent claims 3-8, 10-11, 13-14, and 17-20 are also directed to the abstract idea identified above.
For more information on 101 rejections, see MPEP 2106, January 2019 Guidance at https://www.govinfo.gov/content/pkg/FR-2019-01 -07/pdf/2018-28282.pdf
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.
Claims 1, 3-8, 10-15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 2018/0349854 A1) Wigand et al., further in view of (US 2016/0078390 A1) Grewal et al and (US 20090127328 A1) Aissa.
As per claims 1, 12 and 15: Regarding the claim limitations below, Reference Wigand shows:
A travel worker mobile application tool for a smart device comprising: a plurality of integrated features comprising: (Wigand shows in [0014] FIG. 1 is a logical diagram illustrating interactions between different components of a mobile application software (an “app”) for monitoring use of a mobile electronic device. [0046]: FIG. 1 shows a logical diagram illustrating interactions between different components of one embodiment of a mobile application software (an “app”) 100 for monitoring use of a mobile electronic device (e.g., a smartphone) 200. The app 100 can allow an account (e.g., a customer, and employer, enterprise account) 102 to be associated with one or more users 104 (e.g., one or more employees), each of which are associated with devices 200 (e.g., with mobile phones, smartphones). One or more geographical locations (e.g., work facilities) 108 can be associated with an account 102. For example, if the customer/employer has more than one business location (e.g., in multiple cities, states, etc.), the app 100 can associate such multiple locations 108 with the account 102.):
an application comprised of (Wigand shows in [0014] FIG. 1 is a logical diagram illustrating interactions between different components of a mobile application software (an “app”) for monitoring use of a mobile electronic device.):
Regarding the claim limitations below, Reference Wigand shows:
a profile feature
Wigand shows in [0023]: The app may or may not track any personal data such as contact details (e.g. name, phone number, email address, or other details), or activity type (e.g. sending or responding to a text message, email, phone call, etc.). It measures data including times entering and exiting the app and entering or exiting the geo-location, Wi-Fi or specified area. This user elected offering of phone interaction allows comparison of data and productivity over a span of time. [0025] The app can also provide an added level of safety by providing employers with the names and number of employees that are inside the specified area (e.g., work location, work facility) in case of a fire, earthquake or other disaster. This information reads on the term “profile” in the claim;
Regarding the claim limitations below, Reference Wigand shows:
a time-tracking feature
Wigand shows in [0007]: an app is provided for use on a mobile electronic device (e.g., mobile phone, such as a smart phone) that tracks the amount of time the mobile electronic device is used by the user during a period of time (e.g., during a work shift at a workplace) and provides a quantitative analysis of the efficiency of the user during said period of time. The app advantageously serves to minimize or eliminate distractions from said electronics and/or apps to thereby improve the efficiency of the user (e.g., while at work);
Regarding the claim limitations below, Reference Wigand in view of Grewal shows:
a performance monitoring feature
Wigand shows tracking employee time in [0007]: an app is provided for use on a mobile electronic device (e.g., mobile phone, such as a smart phone) that tracks the amount of time the mobile electronic device is used by the user during a period of time (e.g., during a work shift at a workplace) and provides a quantitative analysis of the efficiency of the user during said period of time. The app advantageously serves to minimize or eliminate distractions from said electronics and/or apps to thereby improve the efficiency of the user (e.g., while at work). However, Wigand does not explicitly show “performance monitoring” to see the quality of work being performed in the tracked time that the employee was working.
Grewal shows the above limitations at least in the Abstract: mobile application enables employees to manage their goals and track their performance at any time, and from any place. A mobile device such as a tablet computer or a smart phone can download goal information over the Internet from a remote server. The mobile device can provide user interfaces through which its user can work on the goal. The mobile device can upload the result of the work performed on the mobile device to the remote server. The mobile application also enables an employee to augment his or her goal and performance data using data from third-party systems. The data from the third-party systems can be incorporated into the goal and performance data as evidence of the employee progressing toward his goals. For example, such data from a third-party system might include tweets from a Twitter feed, or stock prices from a NASDAQ ticker feed. [0012] Embodiments disclosed herein enable employees to manage their goals and track their performance at any time, and from any place. A mobile device such as a tablet computer or a smart phone can download goal information over the Internet from a remote server. If there are several separate goals, then the mobile device can download this information one goal at a time. After the mobile device has downloaded a selected goal, the mobile device can provide user interfaces through which its user can work on the goal. When the user indicates that they have finished working on the goal, the mobile device can upload the result of the work performed on the mobile device to the remote server over the Internet.
Reference Wigand and Reference Grewal are analogous prior art to the claimed invention because the references generally relate to field of employee management. Further, said references are part of the same classification, i.e., G06Q10. Lastly, said references are filed before the effective filing date of the instant application; hence, said references are analogous prior-art references.
It would have been obvious to one of ordinary skill in the art before the effective filing date of this application for AIA to provide the teachings of Reference Grewal, particularly the ability to monitor performance over the timeframe an employee is working (Abstract, [0012]), in the disclosure of Reference Wigand, particularly in the ability to track time that the employee is working using the app on the employee’s mobile phone ([0007]), in order to provide for a system that not only tracks employee working time but also employee performance during the time worked as taught by Reference Grewal (see at least in [0012]), where upon the execution of the method and system of Reference Grewal for enabling employees to manage their goals and track their performance at any time, and from any place. A mobile device such as a tablet computer or a smart phone can download goal information over the Internet from a remote server. If there are several separate goals, then the mobile device can download this information one goal at a time. After the mobile device has downloaded a selected goal, the mobile device can provide user interfaces through which its user can work on the goal. When the user indicates that they have finished working on the goal, the mobile device can upload the result of the work performed on the mobile device to the remote server over the Internet so that the process of employee management can be made more efficient and effective.
Further, the claimed invention is merely a combination of old elements in a similar employee management field of endeavor, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Reference Wigand in view of Reference Grewal, the results of the combination were predictable (MPEP 2143 A);
Regarding the claim limitations below, Reference Wigand in view of Grewal shows:
a calculation feature ([0012] In accordance with another aspect of the invention, a computer program product for monitoring and reporting mobile phone use while at work is provided. The computer program product is stored on a computer readable medium comprising instructions that when executed on a server cause the server to perform operations comprising receiving a first touch input to a first display object in a graphical user interface indicative of a clock-in time of a work period, the first display object being associated with an app interface on a mobile electronic device, initiating a work time counter in response to said first touch input to track a period of time, recording one or more break periods upon receiving on a second display object in the graphical user interface a second touch input indicative of a break start time and a third time input indicative of a break end time, the second display object being associated with the app interface on the mobile electronic device, said second touch input initiating a break time counter and said third touch input stopping said break time counter, stopping the work time counter in response to said second touch input and resuming the work time counter in response to said third touch input, identifying one or more user interaction events indicative of user interaction with the mobile electronic device when the app interface on the mobile electronic device transitions to a background state, recording a user interaction time period for each of the one or more user interaction events, receiving a fourth touch input to the first display object in the graphical user interface indicative of a clock-out time for the work period, and calculating an efficiency score for the user over a transpired time period by subtracting from the transpired time period the one or more break periods measured from the break start time to the break end time, and subtracting from the transpired time period the one or more user interaction time periods);
Regarding the claim limitations below, Reference Wigand in view of Grewal shows:
an equipment usage feature (Wigand: [0008] In accordance with one aspect of the invention, a computer implemented method for monitoring and reporting mobile phone use while at work is provided.);
Regarding the claim limitations below, Reference Wigand in view of Grewal shows:
a record storage feature (Wigand: [0009] The method may optionally be arranged such that identifying the one or more user interaction periods comprises setting a screen timeout period for the graphical user interface of the mobile electronic device, monitoring interactions between the user and the mobile electronic device and restarting a counter every time the user interacts with the mobile electronic device, identifying with a timestamp when the app transitions to the background state, recording an elapsed time period from a timestamp for the last user interaction with the mobile electronic device and the timestamp for the transition to the background state, recording as a user interaction period the recorded elapsed time period if the elapsed time period is less than the screen timeout period, increasing the screen timeout period by a first amount if said elapsed time period is greater than a previously recorded screen timeout period, and resetting the screen timeout period to the elapsed time if said elapsed time period is recorded for a plurality of consecutive monitored interactions.);
Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
a timesheet and attendance generation feature
Wigand shows “timesheet”: [0048]: The GUI 120 can optionally include a menu bar 121, in which one or more objects are displayed. In the illustrated embodiment, the menu bar 121 displays a clock object 122, a time sheet object 124, a focus object 126, a schedule object 128 and a settings object 130. Touching one of the objects 122, 124, 126, 128, 130 can, for example, invoke corresponding functionality, as further described below. The GUI 120 can also include a display object 132 that displays graphical representations of system objects, as further described below.
However, Wigand and Grewal do not explicitly show “attendance”. Aissa shows at least in [0020]: Another aspect of the present invention provides a low cost and simple way to confirm an employee's identity for time and attendance applications via the usage of an Interactive Voice Response (IVR) system and voice matching technology through real-time voice matching processing via a computer, or off-line with the help of a human operator.
Reference Wigand and Reference Aissa are analogous prior art to the claimed invention because the references generally relate to field of employee management. Said references are filed before the effective filing date of the instant application; hence, said references are analogous prior-art references.
It would have been obvious to one of ordinary skill in the art before the effective filing date of this application for AIA to provide the teachings of Reference Aissa, particularly the ability to monitor employee attendance ([0020]), in the disclosure of Reference Wigand, particularly in the ability to track time that the employee is working using the app on the employee’s mobile phone ([0007]) and timesheet feature ([0048]), in order to provide for a system that not only tracks employee working time but also employee attendance during the time worked automatically as taught by Reference Aissa (see at least in [0020]), where upon the execution of the method and system of Reference Wigand for enabling employees to manage their time tracking and attendance automatically in a low cost way (Aissa: [0020]) so that the process of employee management can be made more efficient and effective.
Further, the claimed invention is merely a combination of old elements in a similar employee management field of endeavor, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Reference Wigand in view of Reference Grewal, the results of the combination were predictable (MPEP 2143 A);
Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
a job selection feature (Wigand: [0041] Still further, daily allowances or traveling allowances can be accessible in an associated website panel. Optional features include the ability for the employee to set when they leave, when they arrive, track total travel time, miles, etc. Administrative configurable options can also set travel time, pay rate, mileage reimbursement rate, etc. [0051] Once the login has been completed, for example by selecting the “clock-in” object 136, the GUI 120 of the app 100 displays a time clock screen 138 in the display object 132. Optionally, the time clock screen 138 can have a timer 140, a time history table 142, a “clock out” object 143 and a “take a break” object 144. Here, clocking in to a job reads on “job selection”);
Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the tool is configured to ensure a travel worker is aware of pay rates, wages, and benefits they should receive based on a plurality of data input into each of the plurality of features
Wigand shows in [0023]: The app may or may not track any personal data such as contact details (e.g. name, phone number, email address, or other details), or activity type (e.g. sending or responding to a text message, email, phone call, etc.). It measures data including times entering and exiting the app and entering or exiting the geo-location, Wi-Fi or specified area. This user elected offering of phone interaction allows comparison of data and productivity over a span of time. [0025] The app can also provide an added level of safety by providing employers with the names and number of employees that are inside the specified area (e.g., work location, work facility) in case of a fire, earthquake or other disaster. [0035] In addition, the employer can configure the app to set the employee number, full name, or an identifier that the administrator system can cross reference. The app can also interface with different payroll company application programming interfaces that include by way of example, application programming interfaces for ADP, Paychex and Intuit. [0041] Still further, daily allowances or traveling allowances can be accessible in an associated website panel. Optional features include the ability for the employee to set when they leave, when they arrive, track total travel time, miles, etc. Administrative configurable options can also set travel time, pay rate, mileage reimbursement rate, etc.
Aissa also shows the above limitation at least in [0112] The payroll and work management center 55 has a computer with memory for storing the names of employees, the pay rate for each employee, any deductions from pay for health insurance or the like, the number of the unique bankcard that has been assigned to each employee and the PIN associated with each bankcard. Payroll and work management center 55 may have additional pertinent information concerning each employee, such as a mailing address and a home telephone number. [0113] Center 55 also records the time of check-in and the time of checkout for each employee to determine the amount of work time. The pay for each employee is calculated based upon the recorded work time and the pay rate for each employee. These calculations may occur as frequently as directed by the employer, such as each day or each week. Payroll and work management center 55 then advises the employer of the amount of the payroll. Center 55 then performs an electronic funds transfer (EFT) from employer's bank in the amount of the payroll so that each employee's bank account associated with each APW card will be credited in the net amount of pay for that pay period. [0145] Over the phone via an Integrated Voice Response (IVR) system One of the main problems in printing a universal stub is the ability to send, receive and print multiple employees and multiple employer payroll information. For example some employees might be enrolled in a 401K program, while others have to pay alimony. Some employers offer a payroll deduction credit for a specific health or benefit program while others don't. We've developed an infrastructure and communication methodology which handles, delivers, displays and prints, any type of payroll stub information. Our universal payroll stub infrastructure id designed using the following format.
Reference Wigand and Reference Aissa are analogous prior art to the claimed invention because the references generally relate to field of employee management. Said references are filed before the effective filing date of the instant application; hence, said references are analogous prior-art references.
It would have been obvious to one of ordinary skill in the art before the effective filing date of this application for AIA to provide the teachings of Reference Aissa, particularly the ability to monitor employee attendance ([0020]), in the disclosure of Reference Wigand, particularly in the ability to track time that the employee is working using the app on the employee’s mobile phone ([0007]) and timesheet feature ([0048]), in order to provide for a system that not only tracks employee working time but also employee attendance during the time worked automatically as taught by Reference Aissa (see at least in [0020]), where upon the execution of the method and system of Reference Wigand for enabling employees to manage their time tracking and attendance automatically in a low cost way (Aissa: [0020]) so that the process of employee management can be made more efficient and effective.
Further, the claimed invention is merely a combination of old elements in a similar employee management field of endeavor, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Reference Wigand in view of Reference Grewal in view of Aissa, the results of the combination were predictable (MPEP 2143 A);
Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the profile features allow a user to input a name, a contact information, an employee ID, an employer’s name, a job title, a job category, a responsibility, a certification, a skill, and a qualification
Wigand shows in [0023]: The app may or may not track any personal data such as contact details (e.g. name, phone number, email address, or other details), or activity type (e.g. sending or responding to a text message, email, phone call, etc.) this reads on “input a name, a contact information”. Wigand shows in [0023]: It measures data including times entering and exiting the app and entering or exiting the geo-location, Wi-Fi or specified area. This user elected offering of phone interaction allows comparison of data and productivity over a span of time.
Wigand shows: [0025] The app can also provide an added level of safety by providing employers with the names and number of employees that are inside the specified area (e.g., work location, work facility) in case of a fire, earthquake or other disaster. This information reads on the term “an employer’s name, a job title, a job category” in the claim.
Wigand shows [0068] In some embodiments, the remote server stores data indicating a set of skills that are required for the particular employee's “next job up.” For each of these skills, the remote server can store data indicating a skill level that is required for that “next job up.” The remote server also can store information that indicates the the particular employee's current skill level for each of these skills. Based on the gap between the particular employee's current skill level for each of these skills and the skill level required by the “next job up” for each of these skills (i.e., the competency gap), the remote server can automatically generate goals designed to increase the particular employee's skill level for each of those skills to the skill level required. For example, the remote server could generate a goal related to taking and passing an educational course in a programming language. This reads on “a skill, and a qualification”
Further Aissa shows “an employee ID” [0007]: Such telephone timekeeping solutions primarily consist of an employee dialing into an automated Interactive Voice Response (IVR) system, which interacts with the employee and asks him/her to key in his/her employee number and other work-related information by pressing entries into the keypad of the telephone. Some solutions also require tracking of the caller identification number (caller-ID) by looking-up the telephone number which the employee uses to engage the IVR system, and matching it with a pre-registered number in a database. Using caller-ID lookup matching, enables the employer to confirm that the employee is calling from the work location (via caller-ID lookup) instead of calling from home or a non-business location and/or billing for non-worked hours. Although such methods establish that "an" employee called from the work location, such methods still fail to guarantee the identity of the employee. [0129]: Alternatively, authentication may include the bankcard 23 or the fingerprint reader 30 in combination with an employee ID number.
Reference Wigand and Reference Aissa are analogous prior art to the claimed invention because the references generally relate to field of employee management. Said references are filed before the effective filing date of the instant application; hence, said references are analogous prior-art references.
It would have been obvious to one of ordinary skill in the art before the effective filing date of this application for AIA to provide the teachings of Reference Aissa, particularly the ability to monitor employee attendance ([0020]), in the disclosure of Reference Wigand, particularly in the ability to track time that the employee is working using the app on the employee’s mobile phone ([0007]) and timesheet feature ([0048]), in order to provide for a system that not only tracks employee working time but also employee attendance during the time worked automatically as taught by Reference Aissa (see at least in [0020]), where upon the execution of the method and system of Reference Wigand for enabling employees to manage their time tracking and attendance automatically in a low cost way (Aissa: [0020]) so that the process of employee management can be made more efficient and effective.
Further, the claimed invention is merely a combination of old elements in a similar employee management field of endeavor, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Reference Wigand in view of Reference Grewal in view of Aissa, the results of the combination were predictable (MPEP 2143 A));
Claim 12 has the following limitations that are not addressed in claim 15:
Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
a notification and reminder feature (Wigand: [0022] One or more embodiments of the app allows employees to answer phone calls, to text, launch or interact with apps, and interact with their phone or electronic device whenever they choose. An example of the flexibility would be how it gives employees the option to interact with the mobile or electronic device or even leave the office for a given period of time for any reason, then it would automatically notify the employer if they left the facility or clocked out.);
Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
a reporting feature (Wigand: [0010] In accordance with another aspect of the invention, a system for monitoring and reporting mobile phone use while at work is provided. [0026]: the system reports the activity data to a server, or data repository, where the user, other users, or an employer can access the activity data. [0033]: if the employee leaves the geo-fence (or employer specified area), or drops the Wi-Fi connection (or employee provided internet or data connection), during working hours the employee will automatically be logged out of the app and the app will report “exited premises.”);
Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
an expense tracking and reimbursement feature (Wigand: [0041]: mileage reimbursement rate); and
Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
a GPS feature
Wigand does not explicitly show the above limitation. However, Grewal shows the above limitation at least in [0034]: a global positioning system (GPS).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this application for AIA to provide the teachings of Reference Grewal, particularly the ability to monitor performance over the timeframe an employee is working (Abstract, [0012]), in the disclosure of Reference Wigand, particularly in the ability to track time that the employee is working using the app on the employee’s mobile phone ([0007]), in order to provide for a system that not only tracks employee working time but also employee performance during the time worked as taught by Reference Grewal (see at least in [0012]), where upon the execution of the method and system of Reference Grewal for enabling employees to manage their goals and track their performance at any time, and from any place. A mobile device such as a tablet computer or a smart phone can download goal information over the Internet from a remote server. If there are several separate goals, then the mobile device can download this information one goal at a time. After the mobile device has downloaded a selected goal, the mobile device can provide user interfaces through which its user can work on the goal. When the user indicates that they have finished working on the goal, the mobile device can upload the result of the work performed on the mobile device to the remote server over the Internet so that the process of employee management can be made more efficient and effective.
Further, the claimed invention is merely a combination of old elements in a similar employee management field of endeavor, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Reference Wigand in view of Reference Grewal, the results of the combination were predictable (MPEP 2143 A);
Claim 1 has the following limitations that are not addressed in claim 15:
Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the calculation features calculates the expected wage and the expected benefit while factoring in an overtime pay and a hazard pay.
Wigand shows in [0039] A push notification can also be configured to pop up on the employees' phones via the app that notifies them that they are going into overtime. The administrators can also set customizable fields notifying the employee to either “clock out, please contact supervisor for overtime approval, etc.” [0040] In still other embodiments, administrators can track employee working hours throughout the week. For example, after 40 hours work, the employee tracking can show in red color so that administrators will know which employee is working overtime or which are not and whether the employees have rights to work overtime;
Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the expense tracking and reimbursement feature tracks a travel cost, an accommodation, or a meal.
(Wigand: [0041]: daily allowances or traveling allowances can be accessible in an associated website panel. Optional features include the ability for the employee to set when they leave, when they arrive, track total travel time, miles, etc. Administrative configurable options can also set travel time, pay rate, mileage reimbursement rate, etc. [0045]: the app allows the ability to log HR complaints, the ability to request personal time off (PTO), and options to track mileage driven for reimbursement.)
Claim 12 has the following limitations that are not addressed in claim 15:
Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
further wherein the timesheet and attendance generation feature is configured to generate a PDF timesheet based on an amount of hours worked and an attendance record.
(Wigand: [0041]: daily allowances or traveling allowances can be accessible in an associated website panel. Optional features include the ability for the employee to set when they leave, when they arrive, track total travel time, miles, etc. Administrative configurable options can also set travel time, pay rate, mileage reimbursement rate, etc. [0045]: the app allows the ability to log HR complaints, the ability to request personal time off (PTO), and options to track mileage driven for reimbursement. [0043] Reporting will include standard and custom reports that can be exported to excel and pdf formats. The report can, for example, indicate how much time employees have on visited sites (top 10, 20, 30, etc.). The report can further include places visited for more than 10 minutes - report of locations visited, arrival time, departure time, total time spent there (during work hours when clocked in).)
As per claim 3: Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the time tracking automatically logs a travel time based on a GPS data or a manual input
Wigand does not explicitly show the above limitation. However, Grewal shows the above limitation at least in [0034]: a global positioning system (GPS).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this application for AIA to provide the teachings of Reference Grewal, particularly the ability to monitor performance over the timeframe an employee is working (Abstract, [0012]), in the disclosure of Reference Wigand, particularly in the ability to track time that the employee is working using the app on the employee’s mobile phone ([0007]), in order to provide for a system that not only tracks employee working time but also employee performance during the time worked as taught by Reference Grewal (see at least in [0012]), where upon the execution of the method and system of Reference Grewal for enabling employees to manage their goals and track their performance at any time, and from any place. A mobile device such as a tablet computer or a smart phone can download goal information over the Internet from a remote server. If there are several separate goals, then the mobile device can download this information one goal at a time. After the mobile device has downloaded a selected goal, the mobile device can provide user interfaces through which its user can work on the goal. When the user indicates that they have finished working on the goal, the mobile device can upload the result of the work performed on the mobile device to the remote server over the Internet so that the process of employee management can be made more efficient and effective.
Further, the claimed invention is merely a combination of old elements in a similar employee management field of endeavor, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Reference Wigand in view of Reference Grewal, the results of the combination were predictable (MPEP 2143 A).
As per claim 4: Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the performance monitoring feature allows a user to log a daily task, track a completion rate, receive performance feedback, and review a performance data.
Wigand shows tracking employee time in [0007]: an app is provided for use on a mobile electronic device (e.g., mobile phone, such as a smart phone) that tracks the amount of time the mobile electronic device is used by the user during a period of time (e.g., during a work shift at a workplace) and provides a quantitative analysis of the efficiency of the user during said period of time. The app advantageously serves to minimize or eliminate distractions from said electronics and/or apps to thereby improve the efficiency of the user (e.g., while at work). However, Wigand does not explicitly show “performance monitoring” to see the quality of work being performed in the tracked time that the employee was working.
Grewal shows the above limitations at least in the Abstract: mobile application enables employees to manage their goals and track their performance at any time, and from any place. A mobile device such as a tablet computer or a smart phone can download goal information over the Internet from a remote server. The mobile device can provide user interfaces through which its user can work on the goal. The mobile device can upload the result of the work performed on the mobile device to the remote server. The mobile application also enables an employee to augment his or her goal and performance data using data from third-party systems. The data from the third-party systems can be incorporated into the goal and performance data as evidence of the employee progressing toward his goals. For example, such data from a third-party system might include tweets from a Twitter feed, or stock prices from a NASDAQ ticker feed. [0012] Embodiments disclosed herein enable employees to manage their goals and track their performance at any time, and from any place. A mobile device such as a tablet computer or a smart phone can download goal information over the Internet from a remote server. If there are several separate goals, then the mobile device can download this information one goal at a time. After the mobile device has downloaded a selected goal, the mobile device can provide user interfaces through which its user can work on the goal. When the user indicates that they have finished working on the goal, the mobile device can upload the result of the work performed on the mobile device to the remote server over the Internet.
Reference Wigand and Reference Grewal are analogous prior art to the claimed invention because the references generally relate to field of employee management. Further, said references are part of the same classification, i.e., G06Q10. Lastly, said references are filed before the effective filing date of the instant application; hence, said references are analogous prior-art references.
It would have been obvious to one of ordinary skill in the art before the effective filing date of this application for AIA to provide the teachings of Reference Grewal, particularly the ability to monitor performance over the timeframe an employee is working (Abstract, [0012]), in the disclosure of Reference Wigand, particularly in the ability to track time that the employee is working using the app on the employee’s mobile phone ([0007]), in order to provide for a system that not only tracks employee working time but also employee performance during the time worked as taught by Reference Grewal (see at least in [0012]), where upon the execution of the method and system of Reference Grewal for enabling employees to manage their goals and track their performance at any time, and from any place. A mobile device such as a tablet computer or a smart phone can download goal information over the Internet from a remote server. If there are several separate goals, then the mobile device can download this information one goal at a time. After the mobile device has downloaded a selected goal, the mobile device can provide user interfaces through which its user can work on the goal. When the user indicates that they have finished working on the goal, the mobile device can upload the result of the work performed on the mobile device to the remote server over the Internet so that the process of employee management can be made more efficient and effective.
Further, the claimed invention is merely a combination of old elements in a similar employee management field of endeavor, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Reference Wigand in view of Reference Grewal, the results of the combination were predictable (MPEP 2143 A),
As per claims 5 and 19: Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the calculation feature calculates an expected wage and an expected benefit (Wigand: [0041]: pay rate, [0041]: daily allowances or traveling allowances can be accessible in an associated website panel. Optional features include the ability for the employee to set when they leave, when they arrive, track total travel time, miles, etc. Administrative configurable options can also set travel time, pay rate, mileage reimbursement rate, etc.).
As per claims 6 and 20: Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the equipment usage feature allows a user to log a piece of equipment used (Wigand: [0009] The method may optionally be arranged such that identifying the one or more user interaction periods comprises setting a screen timeout period for the graphical user interface of the mobile electronic device, monitoring interactions between the user and the mobile electronic device and restarting a counter every time the user interacts with the mobile electronic device, identifying with a timestamp when the app transitions to the background state, recording an elapsed time period from a timestamp for the last user interaction with the mobile electronic device and the timestamp for the transition to the background state, recording as a user interaction period the recorded elapsed time period if the elapsed time period is less than the screen timeout period, increasing the screen timeout period by a first amount if said elapsed time period is greater than a previously recorded screen timeout period, and resetting the screen timeout period to the elapsed time if said elapsed time period is recorded for a plurality of consecutive monitored interactions. [0049]: can send the user 104 a pass-code (e.g., via an SMS message), [0062]: The interaction score can be generated at any time based on data compiled for the time transpired thus far in the work shift 110 (e.g., if the focus object 126 and interaction object 164 are selected at the middle of the work shift 110, it will show the number of interactions, through then; if the focus object 126 and interaction object 164 are selected at the end of the work shift 110, it will show the number of interactions for the entire work shift 110, etc.)).
As per claim 7: Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the equipment usage feature logs a frequency, a duration, and a type of equipment used (Wigand: [0009] The method may optionally be arranged such that identifying the one or more user interaction periods comprises setting a screen timeout period for the graphical user interface of the mobile electronic device, monitoring interactions between the user and the mobile electronic device and restarting a counter every time the user interacts with the mobile electronic device, identifying with a timestamp when the app transitions to the background state, recording an elapsed time period from a timestamp for the last user interaction with the mobile electronic device and the timestamp for the transition to the background state, recording as a user interaction period the recorded elapsed time period if the elapsed time period is less than the screen timeout period, increasing the screen timeout period by a first amount if said elapsed time period is greater than a previously recorded screen timeout period, and resetting the screen timeout period to the elapsed time if said elapsed time period is recorded for a plurality of consecutive monitored interactions. [0049]: can send the user 104 a pass-code (e.g., via an SMS message), [0062]: The interaction score can be generated at any time based on data compiled for the time transpired thus far in the work shift 110 (e.g., if the focus object 126 and interaction object 164 are selected at the middle of the work shift 110, it will show the number of interactions, through then; if the focus object 126 and interaction object 164 are selected at the end of the work shift 110, it will show the number of interactions for the entire work shift 110, etc.)).
As per claim 8: Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the record storage features allows a user to store a daily record, the daily record comprised of a travel log, an amount of hours worked, and a tax deduction Wigand shows “wherein the record storage features allows a user to store a daily record, the daily record comprised of a travel log, an amount of hours worked”: [0041] Still further, daily allowances or traveling allowances can be accessible in an associated website panel. Optional features include the ability for the employee to set when they leave, when they arrive, track total travel time, miles, etc. Administrative configurable options can also set travel time, pay rate, mileage reimbursement rate, etc.).
Aissa shows “and a tax deduction”: [0155]: This amount is then discounted by a risk factor that includes at least the amount of pay that is deducted for taxes and any other applicable deductions from gross pay. It would have been obvious to one of ordinary skill in the art before the effective filing date of this application for AIA to provide the teachings of Reference Aissa, particularly the ability to monitor employee attendance ([0020]), in the disclosure of Reference Wigand, particularly in the ability to track time that the employee is working using the app on the employee’s mobile phone ([0007]) and timesheet feature ([0048]), in order to provide for a system that not only tracks employee working time but also employee attendance during the time worked automatically as taught by Reference Aissa (see at least in [0020]), where upon the execution of the method and system of Reference Wigand for enabling employees to manage their time tracking and attendance automatically in a low cost way (Aissa: [0020]) so that the process of employee management can be made more efficient and effective.
Further, the claimed invention is merely a combination of old elements in a similar employee management field of endeavor, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Reference Wigand in view of Reference Grewal, the results of the combination were predictable (MPEP 2143 A).
As per claim 10: Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the timesheet and attendance generation feature creates a timesheet based on an amount of hours worked and an attendance record.
Wigand shows “timesheet”: [0048]: The GUI 120 can optionally include a menu bar 121, in which one or more objects are displayed. In the illustrated embodiment, the menu bar 121 displays a clock object 122, a time sheet object 124, a focus object 126, a schedule object 128 and a settings object 130. Touching one of the objects 122, 124, 126, 128, 130 can, for example, invoke corresponding functionality, as further described below. The GUI 120 can also include a display object 132 that displays graphical representations of system objects, as further described below.
However, Wigand and Grewal do not explicitly show “attendance”. Aissa shows at least in [0020]: Another aspect of the present invention provides a low cost and simple way to confirm an employee's identity for time and attendance applications via the usage of an Interactive Voice Response (IVR) system and voice matching technology through real-time voice matching processing via a computer, or off-line with the help of a human operator.
Reference Wigand and Reference Aissa are analogous prior art to the claimed invention because the references generally relate to field of employee management. Said references are filed before the effective filing date of the instant application; hence, said references are analogous prior-art references.
It would have been obvious to one of ordinary skill in the art before the effective filing date of this application for AIA to provide the teachings of Reference Aissa, particularly the ability to monitor employee attendance ([0020]), in the disclosure of Reference Wigand, particularly in the ability to track time that the employee is working using the app on the employee’s mobile phone ([0007]) and timesheet feature ([0048]), in order to provide for a system that not only tracks employee working time but also employee attendance during the time worked automatically as taught by Reference Aissa (see at least in [0020]), where upon the execution of the method and system of Reference Wigand for enabling employees to manage their time tracking and attendance automatically in a low cost way (Aissa: [0020]) so that the process of employee management can be made more efficient and effective.
Further, the claimed invention is merely a combination of old elements in a similar employee management field of endeavor, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Reference Wigand in view of Reference Grewal, the results of the combination were predictable (MPEP 2143 A).
As per claim 11: Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the job selection feature allows a user to view a wage, a benefit, and an equipment usage related to a private sector job or a public sector job.
(Wigand: [0041]: pay rate, [0041]: daily allowances or traveling allowances can be accessible in an associated website panel. Optional features include the ability for the employee to set when they leave, when they arrive, track total travel time, miles, etc. Administrative configurable options can also set travel time, pay rate, mileage reimbursement rate, etc.).
As per claim 13: Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the notification and reminder feature sends a reminder (Wigand: [0022] One or more embodiments of the app allows employees to answer phone calls, to text, launch or interact with apps, and interact with their phone or electronic device whenever they choose. An example of the flexibility would be how it gives employees the option to interact with the mobile or electronic device or even leave the office for a given period of time for any reason, then it would automatically notify the employer if they left the facility or clocked out.).
As per claim 14: Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the reporting features generate a report based on a set of data tracked by the travel worker mobile application (Wigand: [0010] In accordance with another aspect of the invention, a system for monitoring and reporting mobile phone use while at work is provided. [0026]: the system reports the activity data to a server, or data repository, where the user, other users, or an employer can access the activity data. [0033]: if the employee leaves the geo-fence (or employer specified area), or drops the Wi-Fi connection (or employee provided internet or data connection), during working hours the employee will automatically be logged out of the app and the app will report “exited premises.”)
As per claim 17: Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the GPS feature automatically logs a travel time and a travel distance (Wigand: [0041]: daily allowances or traveling allowances can be accessible in an associated website panel. Optional features include the ability for the employee to set when they leave, when they arrive, track total travel time, miles, etc. Administrative configurable options can also set travel time, pay rate, mileage reimbursement rate, etc. [0045]: the app allows the ability to log HR complaints, the ability to request personal time off (PTO), and options to track mileage driven for reimbursement.)
As per claim 18: Regarding the claim limitations below, Reference Wigand in view of Grewal and Aissa shows:
wherein the expense tracking and reimbursement feature allows a user to log an expense or attach a receipt and submit the expense or the receipt for reimbursement using the travel work mobile application.
(Wigand: [0041]: daily allowances or traveling allowances can be accessible in an associated website panel. Optional features include the ability for the employee to set when they leave, when they arrive, track total travel time, miles, etc. Administrative configurable options can also set travel time, pay rate, mileage reimbursement rate, etc. [0045]: the app allows the ability to log HR complaints, the ability to request personal time off (PTO), and options to track mileage driven for reimbursement.)
Response to Arguments
Applicants arguments are moot in view of the new grounds of rejection necessitated by the amendments made to previously presented claims.
Applicant’s Argument #1
Applicants argue on page(s) 7-10 of applicants remarks that the previously made rejection under 101 is not applicable any more (see applicants remarks for more details).
Response to Argument #1
Applicants' arguments have been fully considered; however, the examiner respectfully disagrees.
In the independent claims 1, 12 and 15 above do not provide an improvement to actual technology or the computer itself. At best Original Spec “[0023]: The present invention, in one exemplary embodiment, is comprised of a travel worker mobile application. The application may be in the form of software and/or a mobile application designed for smart devices that provides a comprehensive tool for managing various aspects of work-related activities for traveling employees. Further, the application is comprised of a plurality of integrated features, each tailored to meet the specific needs of traveling employees. A first feature enables a user to create a personalized profile that allows the user to input a wide range of information. The profile feature may also include options to add certifications, skills, and any special qualifications that may influence wage and benefit calculations” merely provides an improvement to the abstract idea itself discussed above in the 101 rejection above. This however is not improvement to technology or the computer itself. Examiner points to MPEP 2106.05(a) II stressing that: it is important to keep in mind that an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology. As stated by MPEP 2106.04 I. reliance on “Myriad, 569 U.S. at 591, 106 USPQ2d at 1979” to state that a “groundbreaking, innovative, or even brilliant discovery” [argued here at Remarks as] “does not by itself satisfy the §101 inquiry" further corroborated by “SAP Am., Inc. v. InvestPic, LLC, No. 2017-2081, 2018 BL 275354 (Fed. Cir. Aug.02, 2018)”: “even if one assumes that the techniques claimed are groundbreaking, innovative, or even brilliant”, [argued here at Remarks as] “those features are not enough for eligibility because their innovation is innovation in ineligible subject matter” [here improving abstract “Certain Methods of Organizing Human Activity” and/or “Mental Processes”]. “An advance of that nature is ineligible for patenting”. Simply said here, as in “SAP”, “no matter how much of [such] an advance in the field” “the claims [would] recite the advance [would still] lie entirely in the realm of abstract ideas” with no plausibly alleged innovation in non-abstract application realm. This is corroborated by “Versata Dev Grp, Inc v SAP Am, Inc 115 USPQ2d 1681 Fed Cir 2015” undelaying the difference between improvement to entrepreneurial goal objective vs improvement to actual technology. See MPEP 2106.04.
Further, still the characteristics described above in Step 2A prong one can be argued to be part of the abstract grouping implementable by physical aids such as pen and paper. Still Step 2A prong one in light of MPEP 2106.04 III and III.B, and as such can be considered a “Mental Process” in addition to being a “A Certain Methods of Organizing Human Activities.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
NPL Reference:
J. H. N. Lim, "New working practices: mapping employee work and travel behavior," ITRE 2005. 3rd International Conference on Information Technology: Research and Education, 2005., Hsinchu, Taiwan, 2005, pp. 470-474, doi: 10.1109/ITRE.2005.1503168. This reference discloses In recent years, organizations have adopted new working practices for employees in order to achieve competitive advantage and to meet employee demands for better work-life balance. However, up till now, in-depth knowledge concerning the impacts of new working practices on employee work and travel behavior is limited. Furthermore, the rapid integration of information and communication technology applications into employee work activities has posed many challenges to researchers who are attempting to measure the resulting effects. In this paper, an attempt is been made to mapped out in-depth the work and travel behavior of two teleworking employees from two different companies using grounded theory method.
Foreign Reference:
(CN 115471192 A) Lin et al. In this disclosure, the application claims a data processing method in workload acceptance, device, device and storage medium. The method relates to the field of artificial intelligence The method comprises: obtaining the attendance data of a plurality of target staff from the target attendance device, and obtaining the workload related data in the task process of each target staff from the task management system, The workload related data includes: task workload; calculating the total efficiency score corresponding to each target staff according to the attendance data and the workload related data; determining the performance level corresponding to each target staff according to the total efficiency score corresponding to each target staff; calculating the initial acceptance workload of each target staff according to the performance level corresponding to each target staff; according to the initial acceptance workload corresponding to each target staff, attendance data and task workload determining the target acceptance workload of each target staff; sending the target acceptance workload to the settlement system to make the settlement system settle based on the target acceptance workload.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NANCY PRASAD whose telephone number is (571)270-3265. The examiner can normally be reached M-F: 8:00 AM - 4:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patricia Munson can be reached at (571)270-5396. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.N.P/Examiner, Art Unit 3624
/PATRICIA H MUNSON/Supervisory Patent Examiner, Art Unit 3624