DETAILED ACTION
Claims 1-19 are pending in the present application and are under examination on the merits. This communication is the first action on the merits (FAOM).
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 .
Information Disclosure Statement
Applicant filed an Information Disclosure Statement (IDS) on 1/16/2025. This filing is in compliance with 37 C.F.R. 1.97.
As required by M.P.E.P. 609(C), the applicant's submission of the Information Disclosure Statement is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P. 609(C), a copy of the PTOL -1449 form, initialed and dated by the examiner, is attached to the instant office action.
Drawings
The drawings filed on 1/16/2025 are acceptable as filed.
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 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Here, under considerations of the broadest reasonable interpretation of the claimed invention, Examiner finds that the Applicant invented a method and system for managing organizations and more particularly to techniques for assessing, defining, and implementing organizational outsourcing. Examiner formulates an abstract idea analysis, following the framework described in the MPEP as follows:
Step 1: The claims are directed to a statutory category, namely a "method" (claims 8-17) and "system" (claims 1-7 and 18-19).
Step 2A - Prong 1: The claims are found to recite limitations that set forth the abstract idea(s), namely, regarding claim 1:
An outsourcing management system comprising: a sourcing information database comprising: a process definition mapping; and an element definition mapping; …
receiving, from an outsourcing client, scoping parameters;
determining, based on the scoping parameters, a scope model comprising a process-element matrix, the process-element matrix comprising: a set of processes; a set of elements; and process-element pairs that each correspond to a respective pair of a process of the set of processes and an element of the set of elements,
each of one or more of the process-element pairs of the process- element matrix populated to identify an actor associated with performing the process associated with the process-element pair for the element associated with the process-element pair, and to identify an attribute associated with the process- element pair;
determining, based on the process definition mapping, a set of process definitions for the set of processes of the scope model;
determining, based on the element definition mapping, a set of element definitions for the set of elements of the scope model; and
generating an outsourcing statement of work comprising: the populated scope model; the set of process definitions; and the set of element definitions.
Independent claims 8, 15, and 18 recite substantially similar claim language.
Dependent claims 2-7, 9-14, 16-17, and 19 recite the same or similar abstract idea(s) as independent claims 1, 8, 15, and 18 with merely a further narrowing of the abstract idea(s) to particular data characterization and/or additional data analyses performed as part of the abstract idea.
The limitations in claims 1-19 above falling well-within the groupings of subject matter identified by the courts as being abstract concepts, specifically the claims are found to correspond to the category of:
"Certain methods of organizing human activity- 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)" as the limitations identified above are directed to managing organizations and more particularly to techniques for assessing, defining, and implementing organizational outsourcing and thus is a method of organizing human activity including at least commercial or business interactions or relations and/or a management of user personal behavior; and/or
"Mental processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)" as the limitations identified above include mere data observations, evaluations, judgements, and/or opinions, e.g. including user observation and evaluation of managing organizations and more particularly, techniques for assessing, defining, and implementing organizational outsourcing, which is capable of being performed mentally and/or using pen and paper.
Step 2A - Prong 2: Claims 1-19 are found to clearly be directed to the abstract idea identified above because the claims, as a whole, fail to integrate the claimed judicial exception into a practical application, specifically the claims recite the additional elements of:
"and non-transitory computer readable storage medium comprising program instructions stored thereon that are executable by a processor to perform the following operations for outsourcing:" (claim 1) however the aforementioned elements merely amount to generic components of a general purpose computer used to "apply" the abstract idea (MPEP 2106.0S(f)) and thus fails to integrate the recited abstract idea into a practical application, furthermore the high-level recitation of receiving data from a generic "system" is at most an attempt to limit the abstract to a particular field of use (MPEP 2106.0S(h), e.g.: "For instance, a data gathering step that is limited to a particular data source (such as the Internet) or a particular type of data (such as power grid data or XML tags) could be considered to be both insignificant extra-solution activity and a field of use limitation. See, e.g., Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (limiting use of abstract idea to the Internet); Electric Power, 830 F.3d at 1354, 119 USPQ2d at 1742 (limiting application of abstract idea to power grid data); Intellectual Ventures I LLC v. Erie lndem. Co., 850 F.3d 1315, 1328-29, 121 USPQ2d 1928, 1939 (Fed. Cir. 2017) (limiting use of abstract idea to use with XML tags).") and/or merely insignificant extra-solution activity (MPE 2106.05(g)) and thus further fails to integrate the abstract idea into a practical application;
Step 2B: Claims 1-19 do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements as described above with respect to Step 2A Prong 2 merely amount to a general purpose computer that attempts to apply the abstract idea in a technological environment (MPEP 2106.0S(f)), including merely limiting the abstract idea to a particular field of use of KPI analysis of a "outsourcing management system" as explained above, and/or performs insignificant extra-solution activity, e.g. data gathering or output, (MPEP 2106.0S(g)), as identified above, which is further found under step 2B to be merely well-understood, routine, and conventional activities as evidenced by MPEP 2106.0S(d)(II) (describing conventional activities that include transmitting and receiving data over a network, electronic recordkeeping, storing and retrieving information from memory, electronically scanning or extracting data from a physical document, and a web browser's back and forward button functionality). Therefore, similarly the combination and arrangement of the above identified additional elements when analyzed under Step 2B also fails to necessitate a conclusion that the claims amount to significantly more than the abstract idea directed to managing organizations and more particularly to techniques for assessing, defining, and implementing organizational outsourcing.
Claims 1-19 are accordingly rejected under 35 USC§ 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea(s)) without significantly more.
Note: The analysis above applies to all statutory categories of invention. As such, the presentment of any claim otherwise styled as a machine or manufacture, for example, would be subject to the same analysis
For further authority and guidance, see:
MPEP § 2106
https://www.uspto.gov/patents/laws/examination-policy/subject-matter-eligibility
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102(A)(1) 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 8-19 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by U.S. Patent Application Publication Number 2004/0225549 to Parker et al. (hereafter referred to as Parker).
As per claim 8, Parker teaches:
A method of outsourcing management comprising: receiving, from an outsourcing client, scoping parameters (Paragraph Number [0094] teaches the process-span matrix can capture which associated processes and elements are important to measure. In monitoring the performance of an outsourcer, a customer cannot feasibly measure every process and element furnished by the outsourcer. By designating on the process-span matrix the most important associated processes and elements, a customer can conveniently identify those that will be measured. In this manner, the process-span matrix can be used as a measurement model. Paragraph Number [0095] teaches the process-span matrix can identify how pricing relates to work. For example, the intersections of processes and elements can indicate what charges apply to the furnishing of the associated processes and elements. The process-span matrix, populated with pricing information, can therefore help align supplier-based pricing with the value chain of processes. In this manner, the process-span matrix can be used as a pricing model. (See also Paragraph Number [0042])).
determining, based on the scoping parameters, a scope model comprising a process-element matrix, the process-element matrix comprising: (Paragraph Number [0042] teaches the processes, span, actors, and their relationships are conveyed through what is referred to herein as a "scope model." A scope model includes a process-span matrix populated with actors. The process-span matrix associates a plurality of processes with a plurality of elements. The actors are listed within the process-span matrix at the intersections of the associated processes and elements. These actors perform the process and element corresponding to the intersection. Thus, as a whole, the scope model links processes and elements together, and facilitates the articulation of responsibility by actors (e.g., client, supplier, and third party). In other words, the scope model defines who is responsible for furnishing which processes and elements, which can serve as the basis for a scope of work. (See also Paragraph Number [0033])).
a set of processes (Paragraph Number [0082] teaches a preferred embodiment of the present invention applies best practices of suppliers to the value chain processes. For example, wherever possible, the third level value chain processes, and their associated definitions, are developed by identifying the applicable standards-based organizations (e.g., ITIL, PMI, SEI, and ITGI). This approach helps ensure that (1) a comprehensive set of processes are identified to capture fully all of the activities performed by a given organization, and (2) the underlying best practice activities associated with such processes are identified and documented. In accordance with this embodiment, for each third level process, the present invention identifies, in the form of a textual definition, the best practice activities (i.e., the "what" of an operation, not "how" an operation performs)).
a set of elements (Paragraph Number [0160] teaches having determined a set of process definitions derived from a value chain and having defined a variety of elements, attributes, classes, and collectors as the span, an embodiment of the present invention establishes the relationship between the processes and the span. In other words, the present invention determines what actions (processes) are to be performed by what devices (elements). In a preferred embodiment, this relationship is established by plotting the process and span on a process-span matrix).
process-element pairs that each correspond to a respective pair of a process of the set of processes and an element of the set of elements
each of one or more of the process-element pairs of the process-element matrix populated to identify an actor associated with performing the process associated with the process-element pair for the element associated with the process-element pair (Paragraph Number [0043] teaches associates processes and span, along with a characteristic of the associated process and element. In this manner, in addition to defining scope through the association of actors to associated processes and elements, the present invention can convey other characteristics of an associated process and element. For example, a cost could be associated with an associated process and element, which would indicate the cost of completing the process with the element. In terms of a matrix, costs would therefore be assigned at intersections of processes and elements. The matrix could therefore be used as a cost model. As another example, a number of personnel could be associated with an associated process and element, which would indicate the number of people required to complete a process. In this case, the matrix could be used as a human resources model).
and to identify an attribute associated with the process-element pair (Paragraph Number [0160] teaches having determined a set of process definitions derived from a value chain and having defined a variety of elements, attributes, classes, and collectors as the span, an embodiment of the present invention establishes the relationship between the processes and the span. In other words, the present invention determines what actions (processes) are to be performed by what devices (elements). In a preferred embodiment, this relationship is established by plotting the process and span on a process-span matrix).
determining, based on the process definition mapping, a set of process definitions for the set of processes of the scope model (Paragraph Number [0082] teaches a preferred embodiment of the present invention applies best practices of suppliers to the value chain processes. For example, wherever possible, the third level value chain processes, and their associated definitions, are developed by identifying the applicable standards-based organizations (e.g., ITIL, PMI, SEI, and ITGI). This approach helps ensure that (1) a comprehensive set of processes are identified to capture fully all of the activities performed by a given organization, and (2) the underlying best practice activities associated with such processes are identified and documented. In accordance with this embodiment, for each third level process, the present invention identifies, in the form of a textual definition, the best practice activities (i.e., the "what" of an operation, not "how" an operation performs)).
determining, based on the element definition mapping, a set of element definitions for the set of elements of the scope model (Paragraph Number [0160] teaches having determined a set of process definitions derived from a value chain and having defined a variety of elements, attributes, classes, and collectors as the span, an embodiment of the present invention establishes the relationship between the processes and the span. In other words, the present invention determines what actions (processes) are to be performed by what devices (elements). In a preferred embodiment, this relationship is established by plotting the process and span on a process-span matrix).
generating an outsourcing statement of work comprising: the populated scope model (Paragraph Number [0045] teaches outsourcing that includes defining a value chain of a plurality of processes and defining a collection of elements. The collection of elements is subject to the plurality of processes. The method associates a process with an element and associates an actor with the associated process and element. The actor furnishes the associated process and element. The method defines a scope for the outsourcing based on the associated actor, process, and element).
the set of process definitions (Paragraph Number [0082] teaches a preferred embodiment of the present invention applies best practices of suppliers to the value chain processes. For example, wherever possible, the third level value chain processes, and their associated definitions, are developed by identifying the applicable standards-based organizations (e.g., ITIL, PMI, SEI, and ITGI). This approach helps ensure that (1) a comprehensive set of processes are identified to capture fully all of the activities performed by a given organization, and (2) the underlying best practice activities associated with such processes are identified and documented. In accordance with this embodiment, for each third level process, the present invention identifies, in the form of a textual definition, the best practice activities (i.e., the "what" of an operation, not "how" an operation performs). These definitions, used during data collection, operating model design, scope setting, and other sourcing stages, are written as contract-ready modules that can be incorporated, without change, into the term sheets and final agreements. FIG. 1B illustrates an exemplary definition of a third level information technology process).
the set of element definitions (Paragraph Number [0146] teaches collectors are abstract collections of elements that could themselves possess definitions as well as attributes. For example, wild animals could be a collector, and its elements could be lions, tigers and bears, each with their own definition and attributes. Pulling it all together, wild animals might just be a collector or it might sport a definition (e.g., large predatory animals) that includes (or not) attributes (e.g., large powerful jaws, sharp teeth, and 20/15 vision). As an example, relating to IT, a collector could be a server printer or a WAN).
As per claim 9, Parker teaches each of the limitations of claim 8.
In addition, Parker teaches:
wherein the attribute comprises a maturity of the actor for the process-element pair, a duration for the process-element pair, or a resource level for the process-element pair (Paragraph Number [0105] teaches in developing the operating model and sourcing strategies, the present invention preferably applies certain strategic and transactional principles, as those principles fit within a client's objectives. Exemplary strategic principles include: 1) any required change initiative is of a manageable size and is capable of being completed within an acceptable time frame. Paragraph Number [0166] teaches using the process depicted in FIG. 17 as an example, in step 1750, the client 1700 would submit high-level requirements to the supplier 1702, who in step 1752 would review them and develop a time estimate for its completion of the requirements. The supplier 1702 would submit the time estimate to the client 1700 in step 1754 while continuing to develop the solution and associated business case in step 1756. (Examiner asserts that these sections teach at least the alternative of a duration (time frame) for the process-element pair)).
As per claim 10, Parker teaches each of the limitations of claim 8.
In addition, Parker teaches:
wherein the database comprises an attribute mapping, and wherein the attributes associated with the process-element pairs are determined based on the attribute mapping (Paragraph Number [0198] teaches another important aspect of the present invention involves applying the operating model to a specific outsourcing transaction, such that its scope is defined in terms of the processes and elements (and characteristics of associated processes and element, such as actors and cost), rather than by traditional service towers. This approach provides a complete mapping of how the sourced functions will fit into the customer's organization so the areas of interaction between supplier(s) and customer can be readily discerned. Once discerned, the level of complexity and risk can be evaluated and, if necessary, either the scope model can be adjusted or interaction models can be designed prior to the contract being finalized. This helps ensure that the supplier(s) is accountable for end-to-end responsibility for outsourced processes and thus reduces post-signing implementation risk).
As per claim 11, Parker teaches each of the limitations of claims 8 and 10.
In addition, Parker teaches:
receiving monitoring data corresponding to attributes associated with the process-element pairs (Paragraph Number [0033] teaches by applying a value chain analysis to an outsourcing, the present invention facilitates the collection of needed data, the assessment and evaluation of potential sourcing strategies, the implementation of specific large-scale outsourcing transactions, and the ongoing monitoring, management and restructuring of existing outsourcing relationships. Instead of focusing merely on historical activities, an embodiment of the present invention starts by decomposing the relevant business practices along a value chain. It then maps these processes to a uniquely created "span" describing the factors of production used in the business processes across a company's geographies and business units. The resulting matrix serves as input to develop a scope or operating model for the proposed outsourcing relationship, interaction models to depict the potentially high-friction contacts between customer and supplier, a service level regime to ensure appropriate levels of performance, and a pricing model relating pricing metrics to service delivery obligations. The result is a customer-supplier relationship organized around how a business actually operates).
generating, based on the monitoring data, the attribute mapping (Paragraph Number [0034] teaches performing sourcing strategies based on processes defined in a value chain. According to an embodiment, this method involves data collection, information analysis, operating model development, sourcing scenario development, and interaction modeling. In one particular embodiment, the present invention involves mapping a value chain, identifying cross-border linkages (interactions) between a customer and an outsourcer (supplier), and fine-tuning the underlying interaction models accordingly. Because the value chain of processes is not necessarily in sequence, the interaction model explores the processes both from a perspective of order and lower levels of detail. Thus, an interaction model explains, for example, the order in which processes are to be formed and the things passed between the customer and supplier).
As per claim 12, Parker teaches each of the limitations of claim 8.
In addition, Parker teaches:
wherein the database comprises a scoping model trained to determine a scope model based on a set of scoping parameters (Paragraph Number [0086] teaches the process-span matrix 110 associates each process of the value chain of processes 114 with elements of the span 112. The intersections, or cells, within the process-span matrix 110 represent-these associations. As an example, intersection 116 represents the association between the security architecture development process 118 and the enterprise application server element 120. By populating the intersections with characteristics of their corresponding associated processes and elements, the process-span matrix 110 can be used to model different aspects of an organization's operation. For example, if the intersections are populated with actors (e.g., customer, supplier, or third party) responsible for the associated processes and elements, then the process-span matrix 110 can be used as a scope model).
wherein determining the scope model comprises applying the scoping parameters to the scoping model to determine the scope model. (Paragraph Number [0087] teaches in the process-span matrix 110, not all of the intersections are necessarily populated with characteristics of their associated process and element. In some instances, an intersection may represent a nonsensical association between a process and element. Such an intersection is not applicable and is so noted. As an example, in FIG. 1E, if the tape-element 122 is inapplicable to the business requirements development process 124, then the intersection 126 would be so noted).
As per claim 13, Parker teaches each of the limitations of claims 8 and 12.
In addition, Parker teaches:
the operations further comprising training the scoping model based on historical sets of scoping parameters and associated scope models (Paragraph Number [0033] teaches by applying a value chain analysis to an outsourcing, the present invention facilitates the collection of needed data, the assessment and evaluation of potential sourcing strategies, the implementation of specific large-scale outsourcing transactions, and the ongoing monitoring, management and restructuring of existing outsourcing relationships. Instead of focusing merely on historical activities, an embodiment of the present invention starts by decomposing the relevant business practices along a value chain. It then maps these processes to a uniquely created "span" describing the factors of production used in the business processes across a company's geographies and business units. The resulting matrix serves as input to develop a scope or operating model for the proposed outsourcing relationship, interaction models to depict the potentially high-friction contacts between customer and supplier, a service level regime to ensure appropriate levels of performance, and a pricing model relating pricing metrics to service delivery obligations. The result is a customer-supplier relationship organized around how a business actually operates).
As per claim 14, Parker teaches each of the limitations of claim 8.
In addition, Parker teaches:
wherein an outsourcing operation is performed in accordance with the outsourcing statement of work (Paragraph Number [0094] teaches the process-span matrix can capture which associated processes and elements are important to measure. In monitoring the performance of an outsourcer, a customer cannot feasibly measure every process and element furnished by the outsourcer. By designating on the process-span matrix the most important associated processes and elements, a customer can conveniently identify those that will be measured. In this manner, the process-span matrix can be used as a measurement model. Paragraph Number [0163] teaches a level one interaction model, according to an embodiment of the present invention. This level one interaction occurs when a function is sourced from client to supplier and when the linkage to or from the sourced process still resides with the client. As an example, if a client outsourced the requirement refinement portion of the overall requirement handling process, then the client would still need to interact with the supplier when handing the supplier the un-refined requirements, as well as when the supplier completed the refinement work and handed the client the results for its review).
As per claim 15, Parker teaches:
A method comprising: determining, based on the scoping parameters, a scope model comprising a process-element matrix, the process-element matrix comprising: (Paragraph Number [0033] teaches the resulting matrix serves as input to develop a scope or operating model for the proposed outsourcing relationship, interaction models to depict the potentially high-friction contacts between customer and supplier, a service level regime to ensure appropriate levels of performance, and a pricing model relating pricing metrics to service delivery obligations. The result is a customer-supplier relationship organized around how a business actually operates).
a set of processes (Paragraph Number [0082] teaches a preferred embodiment of the present invention applies best practices of suppliers to the value chain processes. For example, wherever possible, the third level value chain processes, and their associated definitions, are developed by identifying the applicable standards-based organizations (e.g., ITIL, PMI, SEI, and ITGI). This approach helps ensure that (1) a comprehensive set of processes are identified to capture fully all of the activities performed by a given organization, and (2) the underlying best practice activities associated with such processes are identified and documented. In accordance with this embodiment, for each third level process, the present invention identifies, in the form of a textual definition, the best practice activities (i.e., the "what" of an operation, not "how" an operation performs)).
a set of elements (Paragraph Number [0160] teaches having determined a set of process definitions derived from a value chain and having defined a variety of elements, attributes, classes, and collectors as the span, an embodiment of the present invention establishes the relationship between the processes and the span. In other words, the present invention determines what actions (processes) are to be performed by what devices (elements). In a preferred embodiment, this relationship is established by plotting the process and span on a process-span matrix).
process-element pairs that each correspond to a respective pair of a process of the set of processes and an element of the set of elements (Paragraph Number [0042] teaches the processes, span, actors, and their relationships are conveyed through what is referred to herein as a "scope model." A scope model includes a process-span matrix populated with actors. The process-span matrix associates a plurality of processes with a plurality of elements. The actors are listed within the process-span matrix at the intersections of the associated processes and elements. These actors perform the process and element corresponding to the intersection. Thus, as a whole, the scope model links processes and elements together, and facilitates the articulation of responsibility by actors (e.g., client, supplier, and third party). In other words, the scope model defines who is responsible for furnishing which processes and elements, which can serve as the basis for a scope of work).
each of one or more of the process-element pairs of the process-element matrix populated to identify an actor associated with performing the process associated with the process-element pair for the element associated with the process-element pair (Paragraph Number [0043] teaches associates processes and span, along with a characteristic of the associated process and element. In this manner, in addition to defining scope through the association of actors to associated processes and elements, the present invention can convey other characteristics of an associated process and element. For example, a cost could be associated with an associated process and element, which would indicate the cost of completing the process with the element. In terms of a matrix, costs would therefore be assigned at intersections of processes and elements. The matrix could therefore be used as a cost model. As another example, a number of personnel could be associated with an associated process and element, which would indicate the number of people required to complete a process. In this case, the matrix could be used as a human resources model).
and to identify an attribute associated with the process-element pair (Paragraph Number [0160] teaches having determined a set of process definitions derived from a value chain and having defined a variety of elements, attributes, classes, and collectors as the span, an embodiment of the present invention establishes the relationship between the processes and the span. In other words, the present invention determines what actions (processes) are to be performed by what devices (elements). In a preferred embodiment, this relationship is established by plotting the process and span on a process-span matrix).
As per claim 16, Parker teaches each of the limitations of claim 15.
In addition, Parker teaches:
wherein the attribute comprises a maturity of the actor for the process-element pair, a duration for the process-element pair, or a resource level for the process- element pair (Paragraph Number [0105] teaches in developing the operating model and sourcing strategies, the present invention preferably applies certain strategic and transactional principles, as those principles fit within a client's objectives. Exemplary strategic principles include: 1) any required change initiative is of a manageable size and is capable of being completed within an acceptable time frame. [0166] Using the process depicted in FIG. 17 as an example, in step 1750, the client 1700 would submit high-level requirements to the supplier 1702, who in step 1752 would review them and develop a time estimate for its completion of the requirements. The supplier 1702 would submit the time estimate to the client 1700 in step 1754 while continuing to develop the solution and associated business case in step 1756. (Examiner asserts that these sections teach at least the alternative of a duration (time frame) for the process-element pair)).
As per claim 17, Parker teaches each of the limitations of claim 8.
In addition, Parker teaches:
further comprising performing an outsourcing operation based on the scope model (Paragraph Number [0094] teaches the process-span matrix can capture which associated processes and elements are important to measure. In monitoring the performance of an outsourcer, a customer cannot feasibly measure every process and element furnished by the outsourcer. By designating on the process-span matrix the most important associated processes and elements, a customer can conveniently identify those that will be measured. In this manner, the process-span matrix can be used as a measurement model. Paragraph Number [0163] teaches a level one interaction model, according to an embodiment of the present invention. This level one interaction occurs when a function is sourced from client to supplier and when the linkage to or from the sourced process still resides with the client. As an example, if a client outsourced the requirement refinement portion of the overall requirement handling process, then the client would still need to interact with the supplier when handing the supplier the un-refined requirements, as well as when the supplier completed the refinement work and handed the client the results for its review).
As per claim 18, Parker teaches:
A scope model comprising: (Paragraph Number [0033] teaches the resulting matrix serves as input to develop a scope or operating model for the proposed outsourcing relationship, interaction models to depict the potentially high-friction contacts between customer and supplier, a service level regime to ensure appropriate levels of performance, and a pricing model relating pricing metrics to service delivery obligations. The result is a customer-supplier relationship organized around how a business actually operates).
The remainder of the claim language is substantially similar to that found in regard to claim 15 and is rejected for the same reasons put forth in regard to claim 15.
As per claim 19, Parker teaches each of the limitations of claim 18.
In addition, Parker teaches:
wherein the attribute comprises a maturity of the actor for the process-element pair, a duration for the process-element pair, or a resource level for the process- element pair (Paragraph Number [0105] teaches in developing the operating model and sourcing strategies, the present invention preferably applies certain strategic and transactional principles, as those principles fit within a client's objectives. Exemplary strategic principles include: 1) any required change initiative is of a manageable size and is capable of being completed within an acceptable time frame. [0166] Using the process depicted in FIG. 17 as an example, in step 1750, the client 1700 would submit high-level requirements to the supplier 1702, who in step 1752 would review them and develop a time estimate for its completion of the requirements. The supplier 1702 would submit the time estimate to the client 1700 in step 1754 while continuing to develop the solution and associated business case in step 1756. (Examiner asserts that these sections teach at least the alternative of a duration (time frame) for the process-element pair)).
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication Number 2004/0225549 to Parker et al. (hereafter referred to as Parker) in view of U.S. Patent Application Publication Number 2013/0166346 to Al-Zuhair et al. (hereafter referred to as Al-Zuhair).
As per claims 1, Parker teaches:
An outsourcing management system comprising: a sourcing information database comprising (Paragraph Number [0150] teaches server elements 1302 decompose into centralized application servers, distributed application servers, database servers, mail servers, and voice servers, each of which could be further decomposed as necessary).
a process definition mapping (Paragraph Number [0110] teaches performing sourcing transactions, according to an embodiment of the present invention. This method 500 helps avoid situations in which a sourcing transaction, despite being based on a good sourcing contract, falls apart due to unworkable relationships between the client and supplier. The value chain construct facilitates major transactional components, including processes, span, service levels, RFP, term sheet, and contract. As shown in the method 500 of FIG. 5, method 500 includes processes definition 502 after which detailed interactions 504 and span definition 506 occur. Organizational model 508 occurs after interactions 504. Service level definition 510 also occurs after interactions 504. Together, the processes definition 502, the span definition 506, the interactions 504, and the service level definition 510 feed into the RFP process 512. The term sheet process 514 follows the RFP process 512. Finally, the contract formation 516 follows the term sheet process 514).
an element definition mapping (Paragraph Number [0198] teaches applying the operating model to a specific outsourcing transaction, such that its scope is defined in terms of the processes and elements (and characteristics of associated processes and element, such as actors and cost), rather than by traditional service towers. This approach provides a complete mapping of how the sourced functions will fit into the customer's organization so the areas of interaction between supplier(s) and customer can be readily discerned. Once discerned, the level of complexity and risk can be evaluated and, if necessary, either the scope model can be adjusted or interaction models can be designed prior to the contract being finalized. This helps ensure that the supplier(s) is accountable for end-to-end responsibility for outsourced processes and thus reduces post-signing implementation risk).
receiving, from an outsourcing client, scoping parameters (Paragraph Number [0094] teaches the process-span matrix can capture which associated processes and elements are important to measure. In monitoring the performance of an outsourcer, a customer cannot feasibly measure every process and element furnished by the outsourcer. By designating on the process-span matrix the most important associated processes and elements, a customer can conveniently identify those that will be measured. In this manner, the process-span matrix can be used as a measurement model. Paragraph Number [0095] teaches the process-span matrix can identify how pricing relates to work. For example, the intersections of processes and elements can indicate what charges apply to the furnishing of the associated processes and elements. The process-span matrix, populated with pricing information, can therefore help align supplier-based pricing with the value chain of processes. In this manner, the process-span matrix can be used as a pricing model. (See also Paragraph Number [0042])).
determining, based on the scoping parameters, a scope model comprising a process-element matrix, the process-element matrix comprising: (Paragraph Number [0042] teaches the processes, span, actors, and their relationships are conveyed through what is referred to herein as a "scope model." A scope model includes a process-span matrix populated with actors. The process-span matrix associates a plurality of processes with a plurality of elements. The actors are listed within the process-span matrix at the intersections of the associated processes and elements. These actors perform the process and element corresponding to the intersection. Thus, as a whole, the scope model links processes and elements together, and facilitates the articulation of responsibility by actors (e.g., client, supplier, and third party). In other words, the scope model defines who is responsible for furnishing which processes and elements, which can serve as the basis for a scope of work. (See also Paragraph Number [0033])).
a set of processes (Paragraph Number [0082] teaches a preferred embodiment of the present invention applies best practices of suppliers to the value chain processes. For example, wherever possible, the third level value chain processes, and their associated definitions, are developed by identifying the applicable standards-based organizations (e.g., ITIL, PMI, SEI, and ITGI). This approach helps ensure that (1) a comprehensive set of processes are identified to capture fully all of the activities performed by a given organization, and (2) the underlying best practice activities associated with such processes are identified and documented. In accordance with this embodiment, for each third level process, the present invention identifies, in the form of a textual definition, the best practice activities (i.e., the "what" of an operation, not "how" an operation performs)).
a set of elements (Paragraph Number [0160] teaches having determined a set of process definitions derived from a value chain and having defined a variety of elements, attributes, classes, and collectors as the span, an embodiment of the present invention establishes the relationship between the processes and the span. In other words, the present invention determines what actions (processes) are to be performed by what devices (elements). In a preferred embodiment, this relationship is established by plotting the process and span on a process-span matrix).
process-element pairs that each correspond to a respective pair of a process of the set of processes and an element of the set of elements (Paragraph Number [0042] teaches the processes, span, actors, and their relationships are conveyed through what is referred to herein as a "scope model." A scope model includes a process-span matrix populated with actors. The process-span matrix associates a plurality of processes with a plurality of elements. The actors are listed within the process-span matrix at the intersections of the associated processes and elements. These actors perform the process and element corresponding to the intersection. Thus, as a whole, the scope model links processes and elements together, and facilitates the articulation of responsibility by actors (e.g., client, supplier, and third party). In other words, the scope model defines who is responsible for furnishing which processes and elements, which can serve as the basis for a scope of work).
each of one or more of the process-element pairs of the process-element matrix populated to identify an actor associated with performing the process associated with the process-element pair for the element associated with the process-element pair (Paragraph Number [0043] teaches associates processes and span, along with a characteristic of the associated process and element. In this manner, in addition to defining scope through the association of actors to associated processes and elements, the present invention can convey other characteristics of an associated process and element. For example, a cost could be associated with an associated process and element, which would indicate the cost of completing the process with the element. In terms of a matrix, costs would therefore be assigned at intersections of processes and elements. The matrix could therefore be used as a cost model. As another example, a number of personnel could be associated with an associated process and element, which would indicate the number of people required to complete a process. In this case, the matrix could be used as a human resources model).
and to identify an attribute associated with the process-element pair (Paragraph Number [0160] teaches having determined a set of process definitions derived from a value chain and having defined a variety of elements, attributes, classes, and collectors as the span, an embodiment of the present invention establishes the relationship between the processes and the span. In other words, the present invention determines what actions (processes) are to be performed by what devices (elements). In a preferred embodiment, this relationship is established by plotting the process and span on a process-span matrix).
determining, based on the process definition mapping, a set of process definitions for the set of processes of the scope model (Paragraph Number [0082] teaches a preferred embodiment of the present invention applies best practices of suppliers to the value chain processes. For example, wherever possible, the third level value chain processes, and their associated definitions, are developed by identifying the applicable standards-based organizations (e.g., ITIL, PMI, SEI, and ITGI). This approach helps ensure that (1) a comprehensive set of processes are identified to capture fully all of the activities performed by a given organization, and (2) the underlying best practice activities associated with such processes are identified and documented. In accordance with this embodiment, for each third level process, the present invention identifies, in the form of a textual definition, the best practice activities (i.e., the "what" of an operation, not "how" an operation performs)).
determining, based on the element definition mapping, a set of element definitions for the set of elements of the scope model (Paragraph Number [0160] teaches having determined a set of process definitions derived from a value chain and having defined a variety of elements, attributes, classes, and collectors as the span, an embodiment of the present invention establishes the relationship between the processes and the span. In other words, the present invention determines what actions (processes) are to be performed by what devices (elements). In a preferred embodiment, this relationship is established by plotting the process and span on a process-span matrix).
generating an outsourcing statement of work comprising: the populated scope model (Paragraph Number [0045] teaches outsourcing that includes defining a value chain of a plurality of processes and defining a collection of elements. The collection of elements is subject to the plurality of processes. The method associates a process with an element and associates an actor with the associated process and element. The actor furnishes the associated process and element. The method defines a scope for the outsourcing based on the associated actor, process, and element).
the set of process definitions (Paragraph Number [0082] teaches a preferred embodiment of the present invention applies best practices of suppliers to the value chain processes. For example, wherever possible, the third level value chain processes, and their associated definitions, are developed by identifying the applicable standards-based organizations (e.g., ITIL, PMI, SEI, and ITGI). This approach helps ensure that (1) a comprehensive set of processes are identified to capture fully all of the activities performed by a given organization, and (2) the underlying best practice activities associated with such processes are identified and documented. In accordance with this embodiment, for each third level process, the present invention identifies, in the form of a textual definition, the best practice activities (i.e., the "what" of an operation, not "how" an operation performs). These definitions, used during data collection, operating model design, scope setting, and other sourcing stages, are written as contract-ready modules that can be incorporated, without change, into the term sheets and final agreements. FIG. 1B illustrates an exemplary definition of a third level information technology process).
the set of element definitions (Paragraph Number [0146] teaches collectors are abstract collections of elements that could themselves possess definitions as well as attributes. For example, wild animals could be a collector, and its elements could be lions, tigers and bears, each with their own definition and attributes. Pulling it all together, wild animals might just be a collector or it might sport a definition (e.g., large predatory animals) that includes (or not) attributes (e.g., large powerful jaws, sharp teeth, and 20/15 vision). As an example relating to IT, a collector could be a server printer or a WAN).
Parker teaches managing organizations and more particularly to techniques for assessing, defining, and implementing organizational outsourcing but does not explicitly teach a non-transitory computer readable storage medium comprising program instructions stored thereon that are executable by a processor to perform operations for outsourcing as described by the following citations from Al-Zuhair:
non-transitory computer readable storage medium comprising program instructions stored thereon that are executable by a processor to perform the following operations for outsourcing (Paragraph Number [0016] teaches computer-implemented methods and non-transitory computer-readable media to generate an outsourcing questionnaire interface to be displayed at a display of a computing device. In certain embodiments, the outsourcing questionnaire interface can include a plurality of risk questions and a corresponding plurality of risk response-fields, a plurality of readiness questions and a corresponding plurality of readiness response-fields, and a plurality of return questions and a corresponding plurality of return response-fields. Paragraph Number [0076] teaches information described herein can be included in data stored in a data repository, including, for example, computer-readable storage media, such as a non-transitory computer memory or multiple non-transitory computer memories as is described further herein).
Both Parker and Al-Zuhair are directed to managing organizations. Parker discloses managing organizations and more particularly to techniques for assessing, defining, and implementing organizational outsourcing. Al-Zuhair improves upon Parker by disclosing a non-transitory computer readable storage medium comprising program instructions stored thereon that are executable by a processor to perform operations for outsourcing. One of ordinary skill in the art would be motivated to further include a non-transitory computer readable storage medium comprising program instructions stored thereon that are executable by a processor to perform operations for outsourcing, to efficiently utilize modern computation equipment and capabilities to facilitate the computing of organizational outsourcing data. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system and method of managing organizations and more particularly to techniques for assessing, defining, and implementing organizational outsourcing in Parker to further utilize a non-transitory computer readable storage medium comprising program instructions stored thereon that are executable by a processor to perform operations for outsourcing in Al-Zuhair, since the claimed invention is merely a combination of old elements, and in 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 the results of the combination were predictable.
As per claim 2, the combination of Parker and Al-Zuhair teaches each of the claim limitations of claim 1. Additionally, the claim recites substantially similar language to that found in claim 9 and is rejected for the same reasons put forth in regard to claim 9.
As per claim 3, the combination of Parker and Al-Zuhair teaches each of the claim limitations of claim 1. Additionally, the claim recites substantially similar language to that found in claim 10 and is rejected for the same reasons put forth in regard to claim 10.
As per claim 4, the combination of Parker and Al-Zuhair teaches each of the claim limitations of claims 1 and 3. Additionally, the claim recites substantially similar language to that found in claim 11 and is rejected for the same reasons put forth in regard to claim 11.
As per claim 5, the combination of Parker and Al-Zuhair teaches each of the claim limitations of claim 1. Additionally, the claim recites substantially similar language to that found in claim 12 and is rejected for the same reasons put forth in regard to claim 12.
As per claim 6, the combination of Parker and Al-Zuhair teaches each of the claim limitations of claims 1 and 5. Additionally, the claim recites substantially similar language to that found in claim 13 and is rejected for the same reasons put forth in regard to claim 13.
As per claim 7, the combination of Parker and Al-Zuhair teaches each of the claim limitations of claim 1. Additionally, the claim recites substantially similar language to that found in claim 14 and is rejected for the same reasons put forth in regard to claim 14.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW H. DIVELBISS whose telephone number is (571) 270-0166. The fax phone number is 571-483-7110. The examiner can normally be reached on M-Th, 7:00 - 5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry O'Connor can be reached on (571) 272-6787.
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/M.H.D/Examiner, Art Unit 3624
/Jerry O'Connor/Supervisory Patent Examiner,Group Art Unit 3624
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