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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 15, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on January 15, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 as being directed to an abstract idea without significantly more.
Regarding Independent Claims 1, 8, and 15, the claims recite the following method steps:
establish a data connection with at least one design professional (DP) platform and at least one product expert (PE) platform;
receive a search query including a project geographical location and information indicative of a product associated with a project;
match the product with a database of specific product genres;
match a DP at the DP platform with a PE at the PE platform based on a correlation between the project geographical location and geographical locations in which the PE has represented possession of specific expertise in the matching specific product genres available at the project geographical location; and
provide detailed information related to the specific expertise of matching PE's in the specific product genres and contact information of the matching PE's.
It is the position of the Examiner that the method steps recited above are directed to abstract methods of organizing human activity (see MPEP 2106.04(a)(2)(II)(B), “Commercial interactions” or “legal interactions” include agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations).
The additional elements, including:
a data processor;
a network interface, in data communication with the data processor, for communication on a data network; and
a supplier engagement system, executable by the data processor;
neither integrate the abstract method of organizing human activity above into a practical application nor provide significantly more because they are generic computer components recited at a high level of generality and thus constitute “apply it” language (see MPEP 2106.05(f)(2), use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more).
Regarding dependent Claims 2, 9, and 16, the claims are directed to a form of communication used in the abstract method above, and are thus directed to the same abstract method as above.
Regarding dependent Claims 3, 10, and 17, the claims are directed to the type of format in which the products to be sold are listed. This fails to integrate the abstract method above into a practical application or provide significantly more because it amounts to insignificant extra-solution activity (see MPEP 2106.05(g), where mere data gathering and selecting a particular data source or type of data to be manipulated are examples of activities courts have found to be insignificant extra-solution activity).
Regarding dependent Claims 4-6, 11-13, 18, and 19, the claims are directed to facilitating the same commercial interactions as above, and are thus directed to the same abstract method set forth above.
Regarding dependent Claims 7, 14, and 20, the claims fail to integrate the abstract method above into a practical application or provide significantly more because it amounts to insignificant extra-solution activity (necessary data gathering and outputting) (see MPEP 2106.05(g)(3)).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding Independent Claims 1, 8, and 15, the limitation “provide detailed information” is a relative term which renders the claim indefinite. The term “detailed” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Dependent Claims 2-7, 9-14, and 16-20 are also rejected as being dependent upon a rejected base claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of the ‘550 Patent (U.S. Patent No. 12,204,550 B2). Although the claims at issue are not identical, they are not patentably distinct from each other because the Claims in the instant application are broader than the Claims in the ‘550 Patent, and are thus anticipated by the ‘550 Patent.
Regarding Claim 1, the ‘550 Patent discloses a computer-implemented method comprising:
establishing, by use of a data processor and a data network, a data connection with at least one design professional (DP) platform and at least one product expert (PE) platform (see ‘550 Patent, Claim 1, establishing, by use of a data processor and a data network, a data connection with at least one architect or design professional (A/DP) platform and at least one building material supplier, building product manufacturer, or other building product expert (BPE) platform);
receiving a search query including a project geographical location and information indicative of a product associated with a project (see ‘550 Patent, Claim 1, receiving a search query including a project geographical location and information indicative of a building product associated with a project);
matching the product with a database of specific product genres (see ‘550 Patent, Claim 1, matching the building product with a database of specific building product genres);
matching, by use of the data processor, a DP at the DP platform with a PE at the PE platform based on a correlation between the project geographical location and geographical locations in which the PE has represented possession of specific expertise in the matching specific product genres available at the project geographical location (see ‘550 Patent, Claim 1, matching, by use of the data processor, an A/DP at the A/DP platform with a BPE at the BPE platform based on a correlation between the project geographical location and geographical locations in which the BPE has represented possession of specific expertise in the matching specific building product genres available at the project geographical location); and
providing detailed information related to the specific expertise of matching PE's in the specific product genres and contact information of the matching PE's (see ‘550 Patent, Claim 1, providing detailed information related to the specific expertise of matching BPE's in the specific building product genres and contact information of the matching BPE's).
Regarding Claim 2, the ‘550 Patent discloses the method of Claim 1, further including enabling, by the use of the data processor, a veiled communication between the DP and the matched PE, the veiled communication preventing the PE from viewing private information of the DP and the project of the DP (see ‘550 Patent, Claim 2, further including enabling, by use of the data processor, a veiled communication between the A/DP and the matched BPE, the veiled communication preventing the BPE from viewing private information of the A/DP and the project of the A/DP).
Regarding Claim 3, the ‘550 Patent discloses the method of Claim 1, wherein the database of specific product genres corresponds to Construction Specifications Institute (CSI), the MasterFormat®/CSI Divisions, Sections, Sub-Sections, and Sub-Sub-Sections (see ‘550 Patent, Claim 3, wherein the database of specific building product genres corresponds to Construction Specifications Institute (CSI), the MasterFormat®/CSI Divisions, Sections, Sub-Sections, and Sub-Sub-Sections).
Regarding Claim 4, the ‘550 Patent discloses the method of Claim 1, further including enabling a Company Administrator (CA), Division Administrator (DA) or the PE to specify geographical locations in which the PE has represented possession of specific expertise in the matching specific product genre available at the project geographical location, the specified geographical locations including primary and secondary product territories (see ‘550 Patent, Claim 4, further including enabling a Company Administrator (CA), Division Administrator (DA) or the BPE to specify geographical locations in which the BPE has represented possession of specific expertise in the matching specific building product genre available at the project geographical location, the specified geographical locations including primary and secondary product territories)
Regarding Claim 5, the ‘550 Patent discloses the method of Claim 4, wherein a higher degree of relevance is placed on the primary product territory and a lesser degree of relevance is placed on the secondary product territory (see ‘550 Patent, Claim 5, wherein a higher degree of relevance is placed on the primary product territory and a lesser degree of relevance is placed on the secondary product territory).
Regarding Claim 6, the ‘550 Patent discloses the method of Claim 1, further including presenting a search results display showing real-time availability status for each matching PE (see ‘550 Patent, Claim 6, further including presenting a search results display showing real-time availability status for each matching BPE).
Regarding Claim 7, the ‘550 Patent discloses the method of Claim 1, further including presenting a search results display showing a plurality of matching PEs and enabling the DP to initiate a communication with multiple PEs at once (see ‘550 Patent, Claim 7, further including presenting a search results display showing a plurality of matching BPEs and enabling the A/DP to initiate a communication with multiple BPEs at once).
Regarding Claim 8, the ‘550 Patent discloses a system comprising:
a data processor (see ‘550 Patent, Claim 8, a data processor);
a network interface, in data communication with the data processor, for communication on a data network (see ‘550 Patent, Claim 8, a network interface, in data communication with the data processor, for communication on a data network); and
a supplier engagement system, executable by the data processor, to (see ‘550 Patent, Claim 8, a supplier engagement system, executable by the data processor, to):
establish, by use of a data processor and a data network, a data connection with at least one design professional (DP) platform and at least one product expert (PE) platform (see ‘550 Patent, Claim 8, establish, by use of a data processor and a data network, a data connection with at least one architect or design professional (A/DP) platform and at least one building material supplier, building product manufacturer, or other building product expert (BPE) platform);
receive a search query including a project geographical location and information indicative of a product associated with a project (see ‘550 Patent Claim 8, receive a search query including a project geographical location and information indicative of a building product associated with a project);
match the product with a database of specific product genres (see ‘550 Patent, Claim 8, match the building product with a database of specific building product genres);
match, by use of the data processor, a DP at the DP platform with a PE at the PE platform based on a correlation between the project geographical location and geographical locations in which the PE has represented possession of specific expertise in the matching specific product genres available at the project geographical location (see ‘550 Patent, Claim 8, match, by use of the data processor, an A/DP at the A/DP platform with a BPE at the BPE platform based on a correlation between the project geographical location and geographical locations in which the BPE has represented possession of specific expertise in the matching specific building product genres available at the project geographical location); and
provide detailed information related to the specific expertise of matching PE's in the specific product genres and contact information of the matching PE's (see ‘550 Patent, Claim 8, provide detailed information related to the specific expertise of matching BPE's in the specific building product genres and contact information of the matching BPE's).
Regarding Claim 9, the ‘550 Patent discloses the system of Claim 8, being further configured to enable a veiled communication between the DP and the matched PE, the veiled communication preventing the PE from viewing private information of the DP and the project of the DP (see ‘550 Patent, Claim 9, being further configured to enable a veiled communication between the A/DP and the matched BPE, the veiled communication preventing the BPE from viewing private information of the A/DP and the project of the A/DP).
Regarding Claim 10, the ‘550 Patent discloses the system of Claim 8, wherein the database of specific product genres corresponds to Construction Specifications Institute (CSI), the MasterFormat®/CSI Divisions, Sections, Sub-Sections, and Sub-Sub-Sections (see ‘550 Patent, Claim 10, wherein the database of specific building product genres corresponds to Construction Specifications Institute (CSI), the MasterFormat®/CSI Divisions, Sections, Sub-Sections, and Sub-Sub-Sections).
Regarding Claim 11, the ‘550 Patent discloses the system of Claim 8, being further configured to enable a Company Administrator (CA), Division Administrator (DA) or the PE to specify geographical locations in which the PE has represented possession of specific expertise in the matching specific product genre available at the project geographical location, the specified geographical locations including primary and secondary product territories (see ‘550 Patent, Claim 11, being further configured to enable a Company Administrator (CA), Division Administrator (DA) or the BPE to specify geographical locations in which the BPE has represented possession of specific expertise in the matching specific building product genre available at the project geographical location, the specified geographical locations including primary and secondary product territories).
Regarding Claim 12, the ‘550 Patent discloses the system of Claim 11, wherein a higher degree of relevance is placed on the primary product territory and a lesser degree of relevance is placed on the secondary product territory (see ‘550 Patent, Claim 12, wherein a higher degree of relevance is placed on the primary product territory and a lesser degree of relevance is placed on the secondary product territory).
Regarding Claim 13, the ‘550 Patent discloses the system of Claim 8, being further configured to present a search results display showing real-time availability status for each matching PE (see ‘550 Patent, Claim 13, being further configured to present a search results display showing real-time availability status for each matching BPE).
Regarding Claim 14, the ‘550 Patent discloses the system of Claim 8, being further configured to presenta search results display showing a plurality of matching PEs and enabling the DP to initiate a communication with multiple PEs at once (see ‘550 Patent, Claim 14, being further configured to present a search results display showing a plurality of matching BPEs and enabling the A/DP to initiate a communication with multiple BPEs at once).
Regarding Claim 15, the ‘550 Patent discloses a non-transitory machine-useable storage medium embodying instructions which, when executed by a machine, cause the machine to:
establish, by use of a data processor and a data network, a data connection with at least one design professional (DP) platform and at least one product expert (PE) platform (see ‘550 Patent, Claim 15, establish, by use of a data processor and a data network, a data connection with at least one architect or design professional (A/DP) platform and at least one building material supplier, building product manufacturer, or other building product expert (BPE) platform);
receive a search query including a project geographical location and information indicative of a product associated with a project (see ‘550 Patent Claim 15, receive a search query including a project geographical location and information indicative of a building product associated with a project);
match the product with a database of specific product genres (see ‘550 Patent, Claim 15, match the building product with a database of specific building product genres);
match, by use of the data processor, a DP at the DP platform with a PE at the PE platform based on a correlation between the project geographical location and geographical locations in which the PE has represented possession of specific expertise in the matching specific product genres available at the project geographical location (see ‘550 Patent, Claim 15, match, by use of the data processor, an A/DP at the A/DP platform with a BPE at the BPE platform based on a correlation between the project geographical location and geographical locations in which the BPE has represented possession of specific expertise in the matching specific building product genres available at the project geographical location); and
provide detailed information related to the specific expertise of matching PE's in the specific product genres and contact information of the matching PE's (see ‘550 Patent, Claim 15, provide detailed information related to the specific expertise of matching BPE's in the specific building product genres and contact information of the matching BPE's).
Regarding Claim 16, the ‘550 Patent discloses the non-transitory machine-useable storage medium of Claim 15, being further configured to enable a veiled communication between the DP and the matched PE, the veiled communication preventing the PE from viewing private information of the DP and the project of the DP (see ‘550 Patent, Claim 16, being further configured to enable a veiled communication between the A/DP and the matched BPE, the veiled communication preventing the BPE from viewing private information of the A/DP and the project of the A/DP).
Regarding Claim 17, the ‘550 Patent discloses the non-transitory machine-useable storage medium of Claim 15, wherein the database of specific product genres corresponds to Construction Specifications Institute (CSI), the MasterFormat®/CSI Divisions, Sections, Sub-Sections, and Sub-Sub-Sections (see ‘550 Patent, Claim 17, wherein the database of specific building product genres corresponds to Construction Specifications Institute (CSI), the MasterFormat®/CSI Divisions, Sections, Sub-Sections, and Sub-Sub-Sections).
Regarding Claim 18, the ‘550 Patent discloses the non-transitory machine-useable storage medium of Claim 15, being further configured to enable a Company Administrator (CA), Division Administrator (DA) or the PE to specify geographical locations in which the PE has represented possession of specific expertise in the matching specific product genre available at the project geographical location, the specified geographical locations including primary and secondary product territories (see ‘550 Patent, Claim 18, being further configured to enable a Company Administrator (CA), Division Administrator (DA) or the BPE to specify geographical locations in which the BPE has represented possession of specific expertise in the matching specific building product genre available at the project geographical location, the specified geographical locations including primary and secondary product territories).
Regarding Claim 19, the ‘550 Patent discloses the non-transitory machine-useable storage medium of Claim 18, wherein a higher degree of relevance is placed on the primary product territory and a lesser degree of relevance is placed on the secondary product territory (see ‘550 Patent, Claim 19, wherein a higher degree of relevance is placed on the primary product territory and a lesser degree of relevance is placed on the secondary product territory).
Regarding Claim 20, the ‘550 Patent discloses the non-transitory machine-useable storage medium of Claim 15, being further configured to present a search results display showing a plurality of matching PEs and enabling the DP to initiate a communication with multiple PEs at once (see ‘550 Patent, Claim 20, being further configured to present a search results display showing a plurality of matching BPEs and enabling the A/DP to initiate a communication with multiple BPEs at once).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 7, 8, 14, 15, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Culver (PG Pub. No. 2018/0075413 A1).
Regarding Claim 1, Culver discloses a computer-implemented method, comprising:
establishing, by use of a data processor and a data network, a data connection with at least one design professional (DP) platform and at least one product expert (PE) platform (see Culver, paragraph [0006], where the method comprises providing a network based computer system including at least one server and multiple clients; the multiple clients allow respective individuals to interact with the server; the server includes a machine-readable storage, which is encoded with software for execution by a CPU for allowing individuals at the respective clients to create, execute, and manage projects associated with at least one of a design phase, construction phase and maintenance phase of the building; see also paragraph [0142], where a set of system-level tags that may be used in the building construction industry may include … Charette (term used to identify meetings between a building’s designer and those responsible for its construction); see also paragraph [0485], where search interface 13C100 includes various search controls that allow the first user to search for user profiles stored within the user profile database 314 … search for user(s) of interest based on criteria that may include, among others … a particular level of experience that the user(s) of interest must have, which may be expressed in a time duration (e.g., years of experience), or as a relative standing (e.g., beginner/intermediate/expert/guru));
receiving a search query including a project geographical location and information indicative of a product associated with a project (see Culver, paragraph [0124], where search sub-module 640 may also provide a user with the ability to create more advanced searches that search multiple, customized criteria; for example, the search sub-module 640 may allow a particular user to identify all other users who are within 15km of his or her location that have between 5-10 years of experience installing and maintaining storm water maintenance systems manufactured by a particular company who have also been involved in the design phase of a construction project);
matching the product with a database of specific product genres (see Culver, paragraph [0485], where search interface 13C100 includes various search controls that allow the first user to search for user profiles stored within the user profile database 314 … via various criteria or facets; the search controls 13C110 may allow search for user(s) of interest based on criteria that may include, among others: a name … membership of the user(s) of interest in a named group that is known to the first user or in which the first user is a member (e.g., a company or non-profit organization); past projects … a geographic distance within which the user(s) of interest may be located; any qualifications or skills that the user(s) of interest must possess, such as such as current accreditation with a licensing body or experience with a particular HVAC management system; a particular level of experience that the user(s) of interest must have, which may be expressed in a time duration (e.g., years of experience), or as a relative standing (e.g., beginner/intermediate/expert/guru));
matching, by use of the data processor, a DP at the DP platform with a PE at the PE platform based on a correlation between the project geographical location and geographical locations in which the PE has represented possession of specific expertise in the matching specific product genres available at the project geographical location (see Culver, paragraph [467], where projects module 302 and community management module 304 review the user profiles 340_1 to 340_N in the user profile database 314 to identify all members of the user community 14 who satisfy these criteria; assume that such a search by the modules 302 and 304 reveal five (5) prospective candidates for this role; each of these five members is alerted (e.g., via message) that an opportunity to take responsibility for a role as a Green Roof Consultant exists and provide them with the ability (such as via a clickable button, hyperlink, or other option) to accept the role; in addition, the modules 302 and/or 304 may provide each of the five prospective candidates with information regarding the project and the ability to contact the first user to find out more information about the role (e.g., location of the development, specifications for the green roof and/or what payment can be offered for the candidate's expertise and services); and
providing detailed information related to the specific expertise of matching PE's in the specific product genres and contact information of the matching PE's (see Culver, paragraph [0474], where role selection interface 1020 may be used to identify prospective candidates for roles in a project during this step; Fig. 13C shows one non-limiting embodiment of this interface, presented in the context of a team viewer interface 1130).
Regarding Claim 7, Culver discloses the method of Claim 1, further including presenting a search results display showing a plurality of matching PEs and enabling the DP to initiate a communication with multiple PEs at once (see Culver, paragraph [467], where projects module 302 and community management module 304 review the user profiles 340_1 to 340_N in the user profile database 314 to identify all members of the user community 14 who satisfy these criteria; assume that such a search by the modules 302 and 304 reveal five (5) prospective candidates for this role; each of these five members is alerted (e.g., via message) that an opportunity to take responsibility for a role as a Green Roof Consultant exists and provide them with the ability (such as via a clickable button, hyperlink, or other option) to accept the role; in addition, the modules 302 and/or 304 may provide each of the five prospective candidates with information regarding the project and the ability to contact the first user to find out more information about the role (e.g., location of the development, specifications for the green roof and/or what payment can be offered for the candidate's expertise and services; see also paragraph [0474], where role selection interface 1020 may be used to identify prospective candidates for roles in a project during this step; Fig. 13C shows one non-limiting embodiment of this interface, presented in the context of a team viewer interface 1130)).
Regarding Claim 8, Culver discloses a computer-implemented method, comprising:
a data processor (see Culver, Fig. 2B, processor 120);
a network interface, in data communication with the data processor, for communication on a data network (see Culver, Fig. 2B for network 100); and
a supplier engagement system (see Culver, paragraph [0037], where Fig. 2A shows one possible non-limiting form of implementation of the collaboration system 10), executable by the data processor, to:
establish, by use of a data processor and a data network, a data connection with at least one design professional (DP) platform and at least one product expert (PE) platform (see Culver, paragraph [0006], where the method comprises providing a network based computer system including at least one server and multiple clients; the multiple clients allow respective individuals to interact with the server; the server includes a machine-readable storage, which is encoded with software for execution by a CPU for allowing individuals at the respective clients to create, execute, and manage projects associated with at least one of a design phase, construction phase and maintenance phase of the building; see also paragraph [0142], where a set of system-level tags that may be used in the building construction industry may include … Charette (term used to identify meetings between a building’s designer and those responsible for its construction); see also paragraph [0485], where search interface 13C100 includes various search controls that allow the first user to search for user profiles stored within the user profile database 314 … search for user(s) of interest based on criteria that may include, among others … a particular level of experience that the user(s) of interest must have, which may be expressed in a time duration (e.g., years of experience), or as a relative standing (e.g., beginner/intermediate/expert/guru));
receive a search query including a project geographical location and information indicative of a product associated with a project (see Culver, paragraph [0124], where search sub-module 640 may also provide a user with the ability to create more advanced searches that search multiple, customized criteria; for example, the search sub-module 640 may allow a particular user to identify all other users who are within 15km of his or her location that have between 5-10 years of experience installing and maintaining storm water maintenance systems manufactured by a particular company who have also been involved in the design phase of a construction project);
match the product with a database of specific product genres (see Culver, paragraph [0485], where search interface 13C100 includes various search controls that allow the first user to search for user profiles stored within the user profile database 314 … via various criteria or facets; the search controls 13C110 may allow search for user(s) of interest based on criteria that may include, among others: a name … membership of the user(s) of interest in a named group that is known to the first user or in which the first user is a member (e.g., a company or non-profit organization); past projects … a geographic distance within which the user(s) of interest may be located; any qualifications or skills that the user(s) of interest must possess, such as such as current accreditation with a licensing body or experience with a particular HVAC management system; a particular level of experience that the user(s) of interest must have, which may be expressed in a time duration (e.g., years of experience), or as a relative standing (e.g., beginner/intermediate/expert/guru));
match, by use of the data processor, a DP at the DP platform with a PE at the PE platform based on a correlation between the project geographical location and geographical locations in which the PE has represented possession of specific expertise in the matching specific product genres available at the project geographical location (see Culver, paragraph [467], where projects module 302 and community management module 304 review the user profiles 340_1 to 340_N in the user profile database 314 to identify all members of the user community 14 who satisfy these criteria; assume that such a search by the modules 302 and 304 reveal five (5) prospective candidates for this role; each of these five members is alerted (e.g., via message) that an opportunity to take responsibility for a role as a Green Roof Consultant exists and provide them with the ability (such as via a clickable button, hyperlink, or other option) to accept the role; in addition, the modules 302 and/or 304 may provide each of the five prospective candidates with information regarding the project and the ability to contact the first user to find out more information about the role (e.g., location of the development, specifications for the green roof and/or what payment can be offered for the candidate's expertise and services); and
provide detailed information related to the specific expertise of matching PE's in the specific product genres and contact information of the matching PE's (see Culver, paragraph [0474], where role selection interface 1020 may be used to identify prospective candidates for roles in a project during this step; Fig. 13C shows one non-limiting embodiment of this interface, presented in the context of a team viewer interface 1130).
Regarding Claim 14, Culver discloses the system of Claim 8, being further configured to present a search results display showing a plurality of matching PEs and enabling the DP to initiate a communication with multiple PEs at once (see Culver, paragraph [467], where projects module 302 and community management module 304 review the user profiles 340_1 to 340_N in the user profile database 314 to identify all members of the user community 14 who satisfy these criteria; assume that such a search by the modules 302 and 304 reveal five (5) prospective candidates for this role; each of these five members is alerted (e.g., via message) that an opportunity to take responsibility for a role as a Green Roof Consultant exists and provide them with the ability (such as via a clickable button, hyperlink, or other option) to accept the role; in addition, the modules 302 and/or 304 may provide each of the five prospective candidates with information regarding the project and the ability to contact the first user to find out more information about the role (e.g., location of the development, specifications for the green roof and/or what payment can be offered for the candidate's expertise and services; see also paragraph [0474], where role selection interface 1020 may be used to identify prospective candidates for roles in a project during this step; Fig. 13C shows one non-limiting embodiment of this interface, presented in the context of a team viewer interface 1130)).
Regarding Claim 15, Culver discloses a non-transitory machine-useable storage medium embodying instructions which, when executed by a machine, cause the machine to:
establish, by use of a data processor and a data network, a data connection with at least one design professional (DP) platform and at least one product expert (PE) platform (see Culver, paragraph [0006], where the method comprises providing a network based computer system including at least one server and multiple clients; the multiple clients allow respective individuals to interact with the server; the server includes a machine-readable storage, which is encoded with software for execution by a CPU for allowing individuals at the respective clients to create, execute, and manage projects associated with at least one of a design phase, construction phase and maintenance phase of the building; see also paragraph [0142], where a set of system-level tags that may be used in the building construction industry may include … Charette (term used to identify meetings between a building’s designer and those responsible for its construction); see also paragraph [0485], where search interface 13C100 includes various search controls that allow the first user to search for user profiles stored within the user profile database 314 … search for user(s) of interest based on criteria that may include, among others … a particular level of experience that the user(s) of interest must have, which may be expressed in a time duration (e.g., years of experience), or as a relative standing (e.g., beginner/intermediate/expert/guru));
receive a search query including a project geographical location and information indicative of a product associated with a project (see Culver, paragraph [0124], where search sub-module 640 may also provide a user with the ability to create more advanced searches that search multiple, customized criteria; for example, the search sub-module 640 may allow a particular user to identify all other users who are within 15km of his or her location that have between 5-10 years of experience installing and maintaining storm water maintenance systems manufactured by a particular company who have also been involved in the design phase of a construction project);
match the product with a database of specific product genres (see Culver, paragraph [0485], where search interface 13C100 includes various search controls that allow the first user to search for user profiles stored within the user profile database 314 … via various criteria or facets; the search controls 13C110 may allow search for user(s) of interest based on criteria that may include, among others: a name … membership of the user(s) of interest in a named group that is known to the first user or in which the first user is a member (e.g., a company or non-profit organization); past projects … a geographic distance within which the user(s) of interest may be located; any qualifications or skills that the user(s) of interest must possess, such as such as current accreditation with a licensing body or experience with a particular HVAC management system; a particular level of experience that the user(s) of interest must have, which may be expressed in a time duration (e.g., years of experience), or as a relative standing (e.g., beginner/intermediate/expert/guru));
match, by use of the data processor, a DP at the DP platform with a PE at the PE platform based on a correlation between the project geographical location and geographical locations in which the PE has represented possession of specific expertise in the matching specific product genres available at the project geographical location (see Culver, paragraph [467], where projects module 302 and community management module 304 review the user profiles 340_1 to 340_N in the user profile database 314 to identify all members of the user community 14 who satisfy these criteria; assume that such a search by the modules 302 and 304 reveal five (5) prospective candidates for this role; each of these five members is alerted (e.g., via message) that an opportunity to take responsibility for a role as a Green Roof Consultant exists and provide them with the ability (such as via a clickable button, hyperlink, or other option) to accept the role; in addition, the modules 302 and/or 304 may provide each of the five prospective candidates with information regarding the project and the ability to contact the first user to find out more information about the role (e.g., location of the development, specifications for the green roof and/or what payment can be offered for the candidate's expertise and services); and
provide detailed information related to the specific expertise of matching PE's in the specific product genres and contact information of the matching PE's (see Culver, paragraph [0474], where role selection interface 1020 may be used to identify prospective candidates for roles in a project during this step; Fig. 13C shows one non-limiting embodiment of this interface, presented in the context of a team viewer interface 1130).
Regarding Claim 20, Culver discloses the non-transitory machine-useable storage of Claim 15, being further configured to present a search results display showing a plurality of matching PEs and enabling the DP to initiate a communication with multiple PEs at once (see Culver, paragraph [467], where projects module 302 and community management module 304 review the user profiles 340_1 to 340_N in the user profile database 314 to identify all members of the user community 14 who satisfy these criteria; assume that such a search by the modules 302 and 304 reveal five (5) prospective candidates for this role; each of these five members is alerted (e.g., via message) that an opportunity to take responsibility for a role as a Green Roof Consultant exists and provide them with the ability (such as via a clickable button, hyperlink, or other option) to accept the role; in addition, the modules 302 and/or 304 may provide each of the five prospective candidates with information regarding the project and the ability to contact the first user to find out more information about the role (e.g., location of the development, specifications for the green roof and/or what payment can be offered for the candidate's expertise and services; see also paragraph [0474], where role selection interface 1020 may be used to identify prospective candidates for roles in a project during this step; Fig. 13C shows one non-limiting embodiment of this interface, presented in the context of a team viewer interface 1130)).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2, 9, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Culver as applied to Claims 1, 7, 8, 14, 15, and 20 above, and further in view of Applicant-Admitted Prior Art (AAPA).
Regarding Claim 2, Culver discloses the method of Claim 1, further including:
Culver does not disclose enabling, by use of the data processor, a veiled communication between the DP and the matched PE, the veiled communication preventing the PE from viewing private information of the DP and the project of the DP. It is the position of the Examiner that the Applicant has admitted this claim limitation is prior art (see Specification, paragraph [0029], where the chat or call function between the A/DP and the BPE can be powered by Twilio®, which is a well-known provider of veiled or masked chat communications [emphasis added by Examiner]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to adopt the masked chat communication techniques of Twilio, which the Applicant claims is well-known, to the communication platform claimed in Culver as it amounts to using a known technique to improve a similar device in the same way (see MPEP 2143(I)(C)).
Regarding Claim 9, Culver discloses the system of Claim 8, being further configured to:
Culver does not disclose enabling, by use of the data processor, a veiled communication between the DP and the matched PE, the veiled communication preventing the PE from viewing private information of the DP and the project of the DP. It is the position of the Examiner that the Applicant has admitted this claim limitation is prior art (see Specification, paragraph [0029], where the chat or call function between the A/DP and the BPE can be powered by Twilio®, which is a well-known provider of veiled or masked chat communications [emphasis added by Examiner]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to adopt the masked chat communication techniques of Twilio, which the Applicant claims is well-known, to the communication platform claimed in Culver as it amounts to using a known technique to improve a similar device in the same way (see MPEP 2143(I)(C)).
Regarding Claim 16, Culver discloses the non-transitory machine-useable storage medium of Claim 15, being further configured to:
Culver does not disclose enabling, by use of the data processor, a veiled communication between the DP and the matched PE, the veiled communication preventing the PE from viewing private information of the DP and the project of the DP. It is the position of the Examiner that the Applicant has admitted this claim limitation is prior art (see Specification, paragraph [0029], where the chat or call function between the A/DP and the BPE can be powered by Twilio®, which is a well-known provider of veiled or masked chat communications [emphasis added by Examiner]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to adopt the masked chat communication techniques of Twilio, which the Applicant claims is well-known, to the communication platform claimed in Culver as it amounts to using a known technique to improve a similar device in the same way (see MPEP 2143(I)(C)).
Claims 3, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Culver as applied to Claims 1, 7. 8, 14, 15, and 20 above, and further in view of Biran (PG Pub. No. 2020/0242174 A1).
Regarding Claim 3, Culver discloses the method of Claim 1, wherein:
Culver does not disclose the database of specific product genres corresponds to Construction Specifications Institute (CSI), the MasterFormat®/CSI Divisions, Sections, Sub-Sections, and Sub-Sub-Sections. Biran discloses the database of specific product genres corresponds to Construction Specifications Institute (CSI), the MasterFormat®/CSI Divisions, Sections, Sub-Sections, and Sub-Sub-Sections (see Biran, paragraph [0039], where the categories are based on the Construction Specification Institute’s ‘MasterFormat’, the U.S. and Canadian standard for specifications and Project Manuals).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Culver with Biran as they are both directed to facilitating construction project management and procurement and the combination thus constitutes combining prior art elements according to known techniques to yield predictable results (see MPEP 2143(I)(A)).
Regarding Claim 10, Culver discloses the system of Claim 8, wherein:
Culver does not disclose the database of specific product genres corresponds to Construction Specifications Institute (CSI), the MasterFormat®/CSI Divisions, Sections, Sub-Sections, and Sub-Sub-Sections. Biran discloses the database of specific product genres corresponds to Construction Specifications Institute (CSI), the MasterFormat®/CSI Divisions, Sections, Sub-Sections, and Sub-Sub-Sections (see Biran, paragraph [0039], where the categories are based on the Construction Specification Institute’s ‘MasterFormat’, the U.S. and Canadian standard for specifications and Project Manuals).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Culver with Biran as they are both directed to facilitating construction project management and procurement and the combination thus constitutes combining prior art elements according to known techniques to yield predictable results (see MPEP 2143(I)(A)).
Regarding Claim 17, Culver discloses the non-transitory machine-useable storage medium of Claim 15, wherein:
Culver does not disclose the database of specific product genres corresponds to Construction Specifications Institute (CSI), the MasterFormat®/CSI Divisions, Sections, Sub-Sections, and Sub-Sub-Sections. Biran discloses the database of specific product genres corresponds to Construction Specifications Institute (CSI), the MasterFormat®/CSI Divisions, Sections, Sub-Sections, and Sub-Sub-Sections (see Biran, paragraph [0039], where the categories are based on the Construction Specification Institute’s ‘MasterFormat’, the U.S. and Canadian standard for specifications and Project Manuals).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Culver with Biran as they are both directed to facilitating construction project management and procurement and the combination thus constitutes combining prior art elements according to known techniques to yield predictable results (see MPEP 2143(I)(A)).
Claims 4, 5, 11, 12, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Culver as applied to Claims 1, 7, 8, 14, 15, and 20 above, and further in view of ProQuest (“Winter 18 Release: What’s New with Salesforce Field Service Lightning”, September 13, 2017).
Regarding Claim 4, Culver discloses the method of Claim 1, further including:
enabling a Company Administrator (CA), Division Administrator (DA) or the PE to specify geographical locations in which the PE has represented possession of specific expertise in the matching specific product genre available at the project geographical location (see Culver, paragraph [0124], where search sub-module 640 may also provide a user with the ability to create more advanced searches that search multiple, customized criteria; for example, the search sub-module 640 may allow a particular user to identify all other users who are within 15km of his or her location that have between 5-10 years of experience installing and maintaining storm water maintenance systems manufactured by a particular company who have also been involved in the design phase of a construction project).
Culver does not disclose the specified geographical locations including primary and secondary product territories. ProQuest discloses the specified geographical locations including primary and secondary product territories (see ProQuest, Section: Winter 18 Feature: Draw Your Service Territories with Map Polygons, where in previous FSL release, you could only see the service resource primary service territory on the dispatch console; now you will also see any secondary service territory they are assign to which will improve dispatcher efficiency by showing in a single screen).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Culver with ProQuest as they are both directed to facilitating B2B relationships and the combination thus constitutes combining prior art elements according to known techniques to yield predictable results (see MPEP 2143(I)(A)).
Regarding Claim 5, Culver in view of ProQuest discloses the method of Claim 4, wherein:
Culver does not disclose a higher degree of relevance is placed on the primary product territory and a lesser degree of relevance is placed on the secondary product territory. ProQuest discloses a higher degree of relevance is placed on the primary product territory and a lesser degree of relevance is placed on the secondary product territory (see ProQuest, Section: Winter 18 Feature: Draw Your Service Territories with Map Polygons, where in previous FSL release, you could only see the service resource primary service territory on the dispatch console; now you will also see any secondary service territory they are assign to which will improve dispatcher efficiency by showing in a single screen [it is the position of the Examiner that the names primary and secondary service territories implies a higher degree of relevance for the primary territory over the secondary territory]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Culver with ProQuest as they are both directed to facilitating B2B relationships and the combination thus constitutes combining prior art elements according to known techniques to yield predictable results (see MPEP 2143(I)(A)).
Regarding Claim 11, Culver discloses the system of Claim 1, being further configured to:
enable a Company Administrator (CA), Division Administrator (DA) or the PE to specify geographical locations in which the PE has represented possession of specific expertise in the matching specific product genre available at the project geographical location (see Culver, paragraph [0124], where search sub-module 640 may also provide a user with the ability to create more advanced searches that search multiple, customized criteria; for example, the search sub-module 640 may allow a particular user to identify all other users who are within 15km of his or her location that have between 5-10 years of experience installing and maintaining storm water maintenance systems manufactured by a particular company who have also been involved in the design phase of a construction project).
Culver does not disclose the specified geographical locations including primary and secondary product territories. ProQuest discloses the specified geographical locations including primary and secondary product territories (see ProQuest, Section: Winter 18 Feature: Draw Your Service Territories with Map Polygons, where in previous FSL release, you could only see the service resource primary service territory on the dispatch console; now you will also see any secondary service territory they are assign to which will improve dispatcher efficiency by showing in a single screen).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Culver with ProQuest as they are both directed to facilitating B2B relationships and the combination thus constitutes combining prior art elements according to known techniques to yield predictable results (see MPEP 2143(I)(A)).
Regarding Claim 12, Culver in view of ProQuest discloses the system of Claim 11, wherein:
Culver does not disclose a higher degree of relevance is placed on the primary product territory and a lesser degree of relevance is placed on the secondary product territory. ProQuest discloses a higher degree of relevance is placed on the primary product territory and a lesser degree of relevance is placed on the secondary product territory (see ProQuest, Section: Winter 18 Feature: Draw Your Service Territories with Map Polygons, where in previous FSL release, you could only see the service resource primary service territory on the dispatch console; now you will also see any secondary service territory they are assign to which will improve dispatcher efficiency by showing in a single screen [it is the position of the Examiner that the names primary and secondary service territories implies a higher degree of relevance for the primary territory over the secondary territory]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Culver with ProQuest as they are both directed to facilitating B2B relationships and the combination thus constitutes combining prior art elements according to known techniques to yield predictable results (see MPEP 2143(I)(A)).
Regarding Claim 18, Culver discloses the non-transitory machine-useable storage medium of Claim 15, being further configured to:
enable a Company Administrator (CA), Division Administrator (DA) or the PE to specify geographical locations in which the PE has represented possession of specific expertise in the matching specific product genre available at the project geographical location (see Culver, paragraph [0124], where search sub-module 640 may also provide a user with the ability to create more advanced searches that search multiple, customized criteria; for example, the search sub-module 640 may allow a particular user to identify all other users who are within 15km of his or her location that have between 5-10 years of experience installing and maintaining storm water maintenance systems manufactured by a particular company who have also been involved in the design phase of a construction project).
Culver does not disclose the specified geographical locations including primary and secondary product territories. ProQuest discloses the specified geographical locations including primary and secondary product territories (see ProQuest, Section: Winter 18 Feature: Draw Your Service Territories with Map Polygons, where in previous FSL release, you could only see the service resource primary service territory on the dispatch console; now you will also see any secondary service territory they are assign to which will improve dispatcher efficiency by showing in a single screen).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Culver with ProQuest as they are both directed to facilitating B2B relationships and the combination thus constitutes combining prior art elements according to known techniques to yield predictable results (see MPEP 2143(I)(A)).
Regarding Claim 19, Culver in view of ProQuest discloses the non-transitory machine-useable storage medium of Claim 18, wherein:
Culver does not disclose a higher degree of relevance is placed on the primary product territory and a lesser degree of relevance is placed on the secondary product territory. ProQuest discloses a higher degree of relevance is placed on the primary product territory and a lesser degree of relevance is placed on the secondary product territory (see ProQuest, Section: Winter 18 Feature: Draw Your Service Territories with Map Polygons, where in previous FSL release, you could only see the service resource primary service territory on the dispatch console; now you will also see any secondary service territory they are assign to which will improve dispatcher efficiency by showing in a single screen [it is the position of the Examiner that the names primary and secondary service territories implies a higher degree of relevance for the primary territory over the secondary territory]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Culver with ProQuest as they are both directed to facilitating B2B relationships and the combination thus constitutes combining prior art elements according to known techniques to yield predictable results (see MPEP 2143(I)(A)).
Claims 6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Culver as applied to Claims 1, 7, 8, 14, 15, and 20 above, and further in view of Catino (PG Pub. No. 2016/0335694 A1).
Regarding Claim 6, Culver discloses the method of Claim 1, further including:
Culver does not disclose presenting a search results display showing real-time availability status for each matching PE. Catino discloses presenting a search results display showing real-time availability status for each matching PE (see Catino, Claim 2, where the method further comprises receiving, from each of the plurality of service providers, a substantially real-time availability indicator).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the communication platform in Culver with the real-time availability indicator in Catino as the combination amounts to using a known technique to improve similar devices the same way (see MPEP 2143(I)(C)).
Regarding Claim 13, Culver discloses the system of Claim 8, being further configured to:
Culver does not disclose presenting a search results display showing real-time availability status for each matching PE. Catino discloses presenting a search results display showing real-time availability status for each matching PE (see Catino, Claim 2, where the method further comprises receiving, from each of the plurality of service providers, a substantially real-time availability indicator).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the communication platform in Culver with the real-time availability indicator in Catino as the combination amounts to using a known technique to improve similar devices the same way (see MPEP 2143(I)(C)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARHAD AGHARAHIMI whose telephone number is (571)272-9864. The examiner can normally be reached M-F 9am - 5pm ET.
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/FARHAD AGHARAHIMI/Examiner, Art Unit 2161
/APU M MOFIZ/Supervisory Patent Examiner, Art Unit 2161
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