DETAILED ACTION
Acknowledgement
This final office action is in response to the request for continued examination (RCE) filed on 12/16/2025 and claims filed 01/26/2026.
Status of Claims
Claims 4 and 5 have been added.
Claims 1 and 2 have been amended.
Claims 1-2 and 4-5 are now pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/26/2026 has been entered.
Response to Arguments
Claim 2 objection is withdrawn in light of amendments.
Applicant's arguments filed on 01/26/2026 regarding the 35 U.S.C. 101 and 102 rejections of claims 1-2 and 4-5 have been fully considered. The Applicant argues the following.
(1) As per the 101 rejection, the Applicant argues that (i) the claims reflect an improvement in creating, managing, marketing, and distributing visual media. The claims recite a specific device and method that implements a technology platform that utilizes unique identifiers of users, associated with characteristic values that are automatically and continuously adjusted in response to queries received in "real-time". The claims include steps and technological components for matching users with programs based on more than just the plain language of their request/queries by automatically matching users based on characteristics and the real-time collection, utilization, adjusting, and weighting of user characteristic data; and (ii) the claims provide an inventive concept that amounts to significantly more than the purported abstract idea itself. The claims recite elements that integrate the judicial exception into a practical application, and the claims include elements and a combination of elements that are not well-understood, routine, or conventional and more than simply implementing an abstract idea on a computer. The claims create an improvement in the technical field of engaging a user with industry services in real-time.
The Examiner respectfully disagrees. The Examiner submits that the additional elements recited in the claims and listed in Steps 2A(2) and 2B do not integrate the abstract idea into a practical application nor provide an inventive concept. The conclusion is based on the fact that the additional element do not directly improve the functioning of a computer or improve upon another technology. The additional elements of “a computing device, comprising: one or more processors; one or memories; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions; a system program; an industry program (claim 1); a computing device comprising one or more processors, one or memories, and one or more programs; and at least one database on a memory; a program executed on the processor (claim 2); A computing device…comprising: one or more processors; one or memories; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions, the system program, an industry program (claim 4); computing device (claim 5)” reflect computing components that are used match users to programs. There is no change or enhancement in the computer or any other component’s functionality beyond its original functionality/capabilities. The Applicant’s specification does not describe or explain any specific technological improvement. Per MPEP 2106.05 (a), if it is asserted that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes, a technical explanation as to how to implement the invention should be present in the specification. That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. An indication that the claimed invention provides an improvement can include a discussion in the specification that identifies a technical problem and explains the details of an unconventional technical solution expressed in the claim, or identifies technical improvements realized by the claim over the prior art. The Applicant argues an improvement in creating, managing, marketing, and distributing visual media. However, these improvements reflect abstract improvement and don’t reflect an improvement in a technological component. Per MPEP 2106.05(a), an improvement in the abstract idea itself is not an improvement in technology. Therefore, the 35 U.S.C. 101 rejection is maintained.
(2) As per the 102 rejection, the Applicant argues that (i) Marek does not disclose, teach or suggest each and every feature of claims 1 and 2. Marek does not disclose a system that matches "the best valued industry programs with the user by choosing the closest values for each of the users and industry programs for disputes"; (ii) Marek does not disclose the computational ability to automatically and continuously collect and determine one or more user value. In Marek, if matching programs to users occurs as, asserted by the office action, it only occurs with the actual users making those decisions; and (iii) Marek does not disclose style attributes being represented by a value but it also does not teach "automatically" ranking search results based on user values associated with the first user, search result values for the search results, and a style attribute values associated with the at least one style attribute on style attribute search.
The Examiner somewhat disagrees with these arguments. The Examiner notes that the Applicant’s arguments is based on Marek not teaching a “numerical value”. However, the term “value” is not recited in the claims as a “numerical” nor does the Applicant’s specification define “value” as numerical. Paragraph [0052] references a value scale without definitively stating that it’s a numerical scale nor explaining how this value is calculated/computed. Therefore, the term “value” can be non-numerical as in the case of Marek’s teachings. The Examiner submits that the term “value” can be interpreted as subjective and reflect whether a person/object possesses certain “skill/talent/abilities/attributes” of interest. However, although Marek teaches determining a value based on possession, Marek does not explicitly teach automatically determining numerical values and ranking. Therefore, the 35 U.S.C. 102 rejection is withdrawn. However, upon further search and consideration, a new ground of 103 rejection is made for claims 1 and 2. See details below.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4 limitations of “generating one or more values for the one or more identified industry programs based on the complexity of the program, reviews of the program by at least one user, or prior interaction between the user and the program;”. The term “the program” should read “the industry program”.
Appropriate correction is required.
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 4-5 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, or for pre-AIA the applicant regards as the invention.
Claim 4 recites the limitation of “receiving a user request for the system program…”. However, “a system program” was not recited in the preceding claim limitations. Therefore, there is insufficient antecedent basis for “the system program”. As a result, claim 4 is considered indefinite and is rejected under 35 U.S.C. 112(b). Dependent claim 5 is also rejected under 35 U.S.C. 112(b).
Claim 4 also recites the limitation of “pairing the first user with the industry program based on the compatibility ranking;”. However, “a compatibility ranking” was not recited in the preceding claim limitations. Therefore, there is insufficient antecedent basis for “the compatibility ranking”. As a result, claim 4 is considered indefinite and is rejected under 35 U.S.C. 112(b). Dependent claim 5 is also rejected under 35 U.S.C. 112(b).
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 1-2 and 4-5 are rejected under 35 U.S.C. 101 because the claimed invention, “Intelligent System For Visual Media”, is directed to an abstract idea, specifically Certain Methods of Organizing Human Activity, without significantly more. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements individually or in combination provide mere instructions to implement the abstract idea on a computer.
Step 1: Claims 1-2 and 4-5 are directed to a statutory category, namely a machine (claims 1 and 4-5) and a process (claim 2).
Step 2A (1): Claims 1-2 and 4-5 are directed to an abstract idea of Certain Methods of Organizing Human Activity, based on the following claim limitations: “receiving, …, a user request…to facilitate use of an industry function …; in response to receiving the user request…to facilitate the use of the industry function…, determining one or more user values based on role, expertise, abilities, user input, user past use, or other user feedback wherein the determination of one or more user values is automatic and continuous; in response to receiving the user request…to facilitate the use of the industry function…, facilitating the use of the industry function … by: identifying one or more industry programs that provides the industry function requested by the user; determining one or more values for the one or more identified industry programs; matching the best valued industry programs with the user by choosing the closest values for each of the users and industry programs; transmitting the industry program to the user; and receiving a response from the user indicating whether the matching was successful; providing, …, an output corresponding to the received response.” (claim 1); receiving,…, a first user search query …, the first user search query including at least a first search term; identifying at least one style attribute associated with the search query and searching…based on the first search term, the at least one style attribute, or a combination thereof; generating search results wherein, a first search result of the search results is ranked higher than a second search result of the search results based on a determination… of user values associated with the first user, search result values associated with the search results, and style attribute values associated with the at least one style attribute; and transmitting the search results to the first user.” (claim 2); receiving a user request… to facilitate the use of an industry function…; determining, automatically and continuously, one or more user values based on a first user profile, the user request, and the first user's previous interaction with the system program; facilitating the use of the industry function …by: identifying one or more industry programs that provides the industry function requested by the user; generating one or more values for the one or more identified industry programs based on the complexity of the program, reviews of the program by at least one user, or prior interaction between the user and the program; ranking the user's one or more values and the industry program's one or more values; pairing the first user with the industry program based on the compatibility ranking; and, providing the user access to the industry program (claim 4); receiving a response from the user indicating whether the pairing was successful, wherein, when the pairing is unsuccessful creating a new request for the system program to facilitate the use of an industry function… factoring in the unsuccessful pairing; (claim 5)”. These claims describe a process of facilitating a user’s request/query for programs/content by matching/selecting programs/content based on compatibility, which could encompass managing personal behavior and commercial interactions. Therefore, these limitations, under the broadest reasonable interpretation, fall within the abstract grouping of Certain Methods of Organizing Human Activity which encompasses managing personal behavior or relationships or interactions between people including social activities, teaching, and following rules or instructions. Certain Method of Organizing Human Activity also encompasses commercial or legal interactions which includes advertising, marketing, or sales activities or behaviors, and business relations. Certain Methods of Organizing Human Activity can encompass the activity of a single person (e.g. a person following a set of instructions), activity that involve multiple people (e.g. a commercial interaction), and certain activity between a person and a computer (e.g. a method of anonymous loan shopping). Therefore, claims 1-2 and 4-5 are directed to an abstract idea and are not patent eligible.
Step 2A (2): This judicial exception is not integrated into a practical application. In particular, claims 1-2 and 4-5 recite additional elements of “a computing device, comprising: one or more processors; one or memories; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions; a system program; an industry program (claim 1); a computing device comprising one or more processors, one or memories, and one or more programs; and at least one database on a memory; a program executed on the processor (claim 2); A computing device…comprising: one or more processors; one or memories; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions, the system program, an industry program (claim 4); computing device (claim 5)”. These additional elements do not integrate the abstract idea into a practical application because the claims do not recite (a) an improvement to another technology or technical field and (b) an improvement to the functioning of the computer itself and (c) implementing the abstract idea with or by use of a particular machine, (d) effecting a particular transformation or reduction of an article, or (e) applying the judicial exception in some other meaningful way beyond generally linking the use of an abstract idea to a particular technological environment. These additional elements evaluated individually and in combination are viewed as computing devices and programs that are used to perform the abstract idea stated in Step 2A(1). Limitations that recite mere instructions to implement an abstract idea on a computer or merely uses a computer as a tool to perform an abstract idea are not indicative of integration into a practical application (see MPEP 2106.05(f)). Therefore, claims 1-2 and 4-5 do not include individual or a combination of additional elements that integrate the judicial exception into a practical application and thus are not patent eligible.
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Claims 1-2 and 4-5 recite additional elements of “a computing device, comprising: one or more processors; one or memories; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions; a system program; an industry program (claim 1); a computing device comprising one or more processors, one or memories, and one or more programs; and at least one database on a memory; a program executed on the processor (claim 2); A computing device…comprising: one or more processors; one or memories; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions, the system program, an industry program (claim 4); computing device (claim 5)”. These additional elements evaluated individually and in combination are viewed as mere instructions to apply or implement the abstract idea on a computer. Applying an abstract idea on a computer does not integrate a judicial exception into a practical application or provide an inventive concept (see MPEP 2106.05(f)). Therefore, claims 1-2 and 4-5 do not include individual or a combination of additional elements that are sufficient to amount to significantly more than the judicial exception and thus are not patent eligible.
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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Marek (US 2024/0303619 A1) in view of Mercury et al. (US 2019/0089701 A1).
As per claim 1 (Currently Amended), Marek teaches a computing device for use in the media industry, comprising: one or more processors; one or memories; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions for (Marek e.g. This system provides platforms to manage both the creation and distribution of creative content through a distributed ledger (Abstract and [0050]). This embodiment solves a problem of organizational management for creative teams and projects. This multi-faceted solution streamlines the friction of creative collaboration and creates a virtual studio space to interact, solve problems, and produce collaborative creative work, including visual and audio-based media [0006]. The embodiments herein can be implemented in the general context of computer-executable instructions, such as those included in program modules, being executed in a computing system on a target real or virtual processor [0149]. FIG. 9 depicts a generalized example of a suitable general-purpose computing system 1000 in which the described innovations may be implemented [0162]. FIG. 9 the computing system 1000 includes one or more processing units 1002, 1004 and memory 1006, 1008. The processing units 1002, 1006 execute computer-executable instructions [0162].) :
Mark teaches receiving, within a communication session between a user and a system program, a user request for the system program to facilitate use of an industry function using an industry program (Marek e.g. Once collaborators are added to the project a communication platforms is provided to communicate and share information about the project [0096]. Both the profiles of the creator and the projects are searchable in terms of all entered information, such as name, location, creative genre, skills, past or previous work experience, and all other information entered in searchable terms [0057]. The creator can search for projects in their region, skill set or according to any other preference [0058]. The creator can request to join the project ([0059] and [0063]). FIG. 4: This figure shows a sitemap of the application. After registration and sign-in the main screen has buttons to view "My Projects" (a list of the collaborator's projects), a Message icon, a Gallery icon, an ability to search for projects and collaborators, an icon to access Settings, and an icon to access Payments. Within search the collaborator can search other collaborators by an @ handle, name, location, skill or information entered in the experience text box [0157].); Marek teaches in response to receiving the user request for the system program to facilitate the use of the industry function using an industry program, determining one or more user non-numeric search values (e.g. non-numeric) based on role, expertise, abilities, user input, user past use, or other user feedback, (Marek e.g. This system provides platforms to manage both the creation and distribution of creative content through a distributed ledger (Abstract and [0050]). The platform allows creators to make and join projects, manage the production aspects of the project, organize the legal documents and permissions, and conclude the project with payments and a finished product (Abstract). Since the platform is an integrated multi-use service-oriented website and mobile application clients can pick and choose which services to use, therefore, it can function with partial utilization only [0023]. The platform allows creators to create a profile [0052]. The profile contains an image that represents the creator, a selection of current geographical location or remote, the creative genre the individual participates in (such as architecture, visual arts, sculpture, video, gaming, media arts, etc.) and specific skills (such as proofreading, editing, drafting, ballet, production design, directing, etc.), and can post samples of their work including links, video, a slide deck in pdf, and images, and list past or previous work experience [0053]. Both the profiles of the creator and the projects are searchable in terms of all entered information, such as name, location, creative genre, skills, past or previous work experience, and all other information entered in searchable terms [0057]. The creator can search for projects in their region, skill set or according to any other preference [0058]. The project lead can search for creators in their region, skills needed, indicated time frame, and all other searchable terms to locate an appropriate collaborator [0060]. Investors have an ability to view projects, select them, and invest in them and the terms of the investment are recorded on a digital contract associated with the project [0084]. The platform imports information automatically and is an intuitive option for the collaborator by bridging through to hiring, booking and payments [0095]. Thus, the computerized method is to manage the development of a creative project, accepting inputs from a first user to establish a creator profile, accepting inputs from a first user to generate a creative project associated with a creator profile, identifying to the first user one or more candidates to provide inputs to the creative project, accepting inputs from the first user to cause one or more payments to be credited to one or more users and issuing the creative project to a distributed ledger in the form of a blockchain [0126]. The Examiner submits that the term “value” can be interpreted as subjective and reflect whether a person/object possesses certain “skill/talent/abilities/attributes” of interest.)
Marek teaches in response to receiving the user request for the system program to facilitate the use of the industry function using an industry program, facilitating the use of the industry function using an industry program by (Marek e.g. Each collaborator and project admitted to the platform is approved by the site administrator. A collaborator can then register a project as a project leader and approve other collaborators to their project and assign tasks [0011]. Collaborators can find and choose projects and collaborators registered as Project Leads can find and choose collaborators [0095].):
Marek teaches identifying one or more industry programs that provides the industry function requested by the user; (Marek e.g. Since the platform is an integrated multi-use service-oriented website and mobile application clients can pick and choose which services to use, therefore, it can function with partial utilization only. Numerous features can be added to make the project work better, including the use of artificial intelligence and data processing to predict client needs and anticipate which services they will need or use [0023]. Collaborators can find and choose projects and collaborators registered as Project Leads can find and choose collaborators [0095]. Investors have an ability to view projects, select them, and invest in them and the terms of the investment are recorded on a digital contract associated with the project [0084]. Structures for negotiations of the time, tasks, payment and salaries as well as share contracts are presented for both parties [0095]. Companies can also join the platform to offer services that can be obtained via the projects [0122]. FIG. 3: This figure shows the flow of the mobile application now named the ARTWYRX app from the User perspective. The user can create a profile, can create a project, can enter payment details, can upload art to the Gallery, can view public projects on the platform, can view projects they belong to, can message other user profiles on the site, and can request to join projects [0156].)
Marek teaches determining one or more values for the one or more identified industry programs; (Marek e.g. This system provides platforms to manage both the creation and distribution of creative content through a distributed ledger (Abstract). The platform allows creators to make and join projects, manage the production aspects of the project, organize the legal documents and permissions, and conclude the project with payments and a finished product (Abstract). This method is a combined project management software and communication platform with integrated payment structure designed specifically for artists and creatives, aka "creators," to manage projects from concept to finished product [0005]. This embodiment solves a problem of organizational management for creative teams and projects. This multi-faceted solution streamlines the friction of creative collaboration and creates a virtual studio space to interact, solve problems, and produce collaborative creative work, including visual and audio-based media [0006]. Since the platform is an integrated multi-use service-oriented website and mobile application clients can pick and choose which services to use, therefore, it can function with partial utilization only. Numerous features can be added to make the project work better, including the use of artificial intelligence and data processing to predict client needs and anticipate which services they will need or use [0023]. The Examiner submits that the “value” is interpreted as being subjective to the user and does not represent a numerical value.)
Marek teaches matching the best valued industry programs with the user…; transmitting the industry program to the user; and (Marek e.g. The computerized method is to manage the development of a creative project, accepting inputs from a first user to establish a creator profile, accepting inputs from a first user to generate a creative project associated with a creator profile, identifying to the first user one or more candidates to provide inputs to the creative project [0126]. Both the profiles of the creator and the projects are searchable in terms of all entered information, such as name, location, creative genre, skills, past or previous work experience, and all other information entered in searchable terms [0057]. The project lead can search for creators in their region, skills needed, indicated time frame, and all other searchable terms to locate an appropriate collaborator [0060]. The project lead and the creator can view the project information and profiles that are listed as public [0061].Once collaborators are added to the project a communication platforms is provided to communicate and share information about the project [0096]. The Project Lead has access to the most information in order to uses the smart system to create a production schedule that matches the availability and skills of the team according to the scrip requirements [0096]. Project creators can post their projects and available jobs and can review applicants and select for hire [0101]. The Examiner submits that the search criteria/values are matched, thus representing best value.)
Marek teaches receiving a response from the user indicating whether the matching was successful; (Marek e.g. Each collaborator and project admitted to the platform is approved by the site administrator. A collaborator can then register a project as a project leader and approve other collaborators to their project and assign tasks [0011]. The project lead can accept or reject the creator's offer to collaborate [0065]. The creator can accept or reject the project's lead offer to collaborate [0066]. The two parties can renegotiate through messaging and create a new offer if needed [0067]. Structures for negotiations of the time, tasks, payment and salaries as well as share contracts are presented for both parties [0095]. The computerized method is to manage the development of a creative project…, accepting inputs from the first user to cause one or more payments to be credited to one or more users and issuing the creative project to a distributed ledger in the form of a blockchain [0126].)
Marek teaches providing, in the communication session, an output corresponding to the received response (Marek e.g. FIG. 2: This figure shows the flow of the mobile application now named the ARTWYRX app from the Administrator perspective. The Administrator has the ability to admit or deny project requests and admit or deny collaborator requests. A dashboard provides an interface for the site administrator to perform these tasks [0155]. FIG. 3: This figure shows the flow of the mobile application now named the ARTWYRX app from the User perspective. The user can create a profile, can create a project, can enter payment details, can upload art to the Gallery, can view public projects on the platform, can view projects they belong to, can message other user profiles on the site, and can request to join projects [0156].)
Marek does not explicitly teach, however, Mercury teaches the following:
Mercury teaches determining… one or more a numeric user value based on role, expertise, abilities, user input, user past use, or other user feedback, wherein the determination of one or more user values is automatic and continuous; (Mercury e.g. With reference now to FIG. 6, a block diagram is shown illustrating an example of a digital credential management system 600 for generating, managing, and tracking digital credential templates and digital credentials [0105]. As used herein, a digital credential template (or digital badge template) may refer to an electronic document or data structure storing a general (e.g., non-user specific) template or description of a specific type of digital credential that may be issued to an individual. Digital credential templates may include, for example, a description of the skills, proficiencies, and/or achievements that the digital credential represents. Examples of digital credential templates may include templates for various technology certifications, licensure exams, professional tests, training course completion certificates, and the like [0106]. A digital credential (or digital badge) may refer to an instance of an electronic document or data structure, generated for a specific individual (i.e., the credential receiver), and based on a digital credential template [0106]. Referring now to FIG. 29, a flow diagram is shown illustrating a process for computing and outputting a badge's current status/strength level. In some embodiments, this process may be performed by a digital credential platform server (e.g., 610, etc.) in response to requests from various clients within the badging network (e.g., badge earners, issuers, employers or educational institutions, etc.) [0194]. In step 2902, the platform server 610 may retrieve the user's requested badges and may calculate a current badge status or strength value associated with each badge. As discussed above, while certain badges may simply have a status of expired or active, other badges may have an associated status/strength value that can be calculated using a degradation function [0195]. Additionally, the badge degradation rate also be affected by the user's current job/skills, observational data collected from an on-the-job monitoring/credentialing system, an analysis of the user's other related documents (e.g., emails, social media posts, documents, company records, web history, etc.) [0196]. In step 2903, if the platform server 610 determines that any of these factors applies, then in step 2904 it may modify the current badge status/strength accordingly (e.g., by adding to the status/strength value or multiplying by a determine multiplier factor). Otherwise, if no additional related badges are found in the user's portfolio, and/or if no skills usage data is found relevant to the badge is found by the platform server 610, then the status or strength values determined for each badge are not modified [0196]. In step 2905, the user's requested badge data, including the status or strength values that have determined or computed for each of the requested badges, may be provided in response to the request [0197].)
Mercury teaches matching the best valued industry program with the user by choosing the closest values for each of the users and industry programs; (Mercury e.g. FIG. 39 is a flow diagram illustrating an example process of analyzing worker/employee data, and job/company data, in order to determine potential matches that may be suggested to one or both parties [0042]. A content management server 102 may include a content customization system 402. In some embodiments, the content customization system 402 may adjust the selection and adaptive capabilities of content resources to match the needs and desires of the users receiving the content [0083]. By using a badge degradation function/chart rather than a simple expiration date, a badging computing environment (e.g., infrastructure and systems 600), various components of the badging infrastructure may support additional searching/matching features and more robust customization of the system for badge earner, employers, badge issuers, and other users [0192]. This more specific and granular badge data that includes a current badge strength/status level may be used to improve the matching of a user's current skill set to associated jobs/occupations, to demonstrate up to date skills during a job hiring or job review process, to suggest a refresher/recertification course for certain users with certain skills, and as a selling point for marketing of related/overlapping badges to reinforce skill sets, etc. [0197]. Certain aspects described herein relate to an automatic recruiting engine and corresponding functionality that may analyze available data within a badging platform and determine matches between individuals (e.g., badge earners) and potential employers [0221]. As shown in this figure, the example user interface may provide the user with options to compare the user's current skills profile against various skills profiles retrieved from the library or from other sources. For instance, the skills view analyzer 4015 may compare the user's skills profile to a minimum skills profile, average skills profile, or preferred/exceptional skills profile for the user's current occupation (Fig. 41 and [0229]). Additionally, the skills view analyzer 4015 may search and analyze the library to find one or more different occupations having the closest matching skills profile to the user's current skills profile. In some cases, other criteria may be taken into account during the matching, such as salary, lifestyle, educational qualifications, etc. In still other examples, the skills view analyzer 4015 may permit the user to select one or more occupations for comparison against the user's current skills profile [0229]. Further, employer badge portfolios stored within badge platform servers may be accessible via portals, APIs, web services, and other techniques, so that employer badge may be accessed and used by a variety of internal and external clients and tools. For instance, recruiter tools, job matching tools, candidate finder tools, and individual recruiters and candidates for job listings may use various employer badges to weight and/or filter job listings results in order to favor employers having certain specified badges. For instance, a job candidate or recruiter using a recruiting or job-matching tool may choose to exclude (or just to de-prioritize) any job listings from the result set from employers that do not have a recent employee high-satisfaction badge. Of course, many other such examples of different user types using search criteria based on employer badges or combinations of badges are possible [0234].)
The Examiner submits that before the effective filing date, it would have been obvious to one of ordinary skill in the art to modify Marek’s platforms search function to include determining a numerical value of a user based on user’s skills, experience, etc. as taught by Mercury in to improve the matching of a user's current skill set to associated jobs/occupations (Mercury e.g. [0197]).
As per claim 2 (Currently Amended), Marek teaches a method of using a computing device comprising one or more processors, one or memories, and one or more programs, for use in the media industry comprising (Marek e.g. This method is a combined project management software and communication platform with integrated payment structure designed specifically for artists and creatives, aka "creators," to manage projects from concept to finished product [0005]. CREATOR refers to an individual working in the creative industries such as but not limited to art, design, gaming, architecture, drama, theatre, film, video, content creation, music, sculpture, painting, digital art, graphics, dance, installation, writing, and all technological extensions of these arts such as video mapping, 3D modeling etc. [0048]. The embodiment delineated herein is a computer generated system either online or offline, either by web or mobile or standalone computer system organized around collaborators and projects [0011]. The embodiments herein can be implemented in the general context of computer-executable instructions, such as those included in program modules, being executed in a computing system on a target real or virtual processor [0149].):
Marek teaches receiving at a processor, a first user search query during a communication session, the first user search query including at least a first search term; (Marek e.g. FIG. 4: This figure shows a sitemap of the application. After registration and sign-in the main screen has buttons to view "My Projects" (a list of the collaborator's projects), a Message icon, a Gallery icon, an ability to search for projects and collaborators, an icon to access Settings, and an icon to access Payments [0157]. Both the profiles of the creator and the projects are searchable in terms of all entered information, such as name, location, creative genre, skills, past or previous work experience, and all other information entered in searchable terms [0057]. The creator can search for projects in their region, skill set or according to any other preference [0058]. The project lead can search for creators in their region, skills needed, indicated time frame, and all other searchable terms to locate an appropriate collaborator [0060]. Once collaborators are added to the project a communication platforms is provided to communicate and share information about the project [0096]. Within search the collaborator can search other collaborators by an @ handle, name, location, skill or information entered in the experience text box. The collaborator who registered a project as a project lead can invite selected collaborators to join the project. A collaborator can also search projects by location, genre, skill, location, and information entered in the text description field and request to join selected project [0157].)
Marek teaches identifying at least one style attribute associated with the search query and searching at least one database in the memory based on the first search term, the at least one style attribute, or a combination thereof; (Marek e.g. The platform includes communication and sharing of data related to the development of this stage of the project such as written, visual, sound, and any other information related to the creation of the creative product. This includes but is not limited to a database of creative crew, cast, and suppliers so that a producer or project lead can hire crew, book equipment and services, and manage payments, but also so that crew, cast, and suppliers can apply for film production jobs or contracts [0036]. The platform allows creators to create a profile [0052]. The profile contains an image that represents the creator, a selection of current geographical location or remote, the creative genre the individual participates in (such as architecture, visual arts, sculpture, video, gaming, media arts, etc.) and specific skills (such as proofreading, editing, drafting, ballet, production design, directing, etc.), and can post samples of their work including links, video, a slide deck in pdf, and images, and list past or previous work experience [0053]. Both the profiles of the creator and the projects are searchable in terms of all entered information, such as name, location, creative genre, skills, past or previous work experience, and all other information entered in searchable terms [0057]. Thus, the computerized method is to manage the development of a creative project, accepting inputs from a first user to establish a creator profile, accepting inputs from a first user to generate a creative project associated with a creator profile, identifying to the first user one or more candidates to provide inputs to the creative project, accepting inputs from the first user to cause one or more payments to be credited to one or more users and issuing the creative project to a distributed ledger in the form of a blockchain [0126].)
Marek teaches generating search results… of user values associated with the first user, search result values associated with the search results, and style attribute values associated with the at least one style attribute; and transmitting the search results to the first user. (Marek e.g. The creator can search for projects in their region, skill set or according to any other preference [0058]. The project lead can search for creators in their region, skills needed, indicated time frame, and all other searchable terms to locate an appropriate collaborator [0060]. Collaborators can find and choose projects and collaborators registered as Project Leads can find and choose collaborators [0095]. Structures for negotiations of the time, tasks, payment and salaries as well as share contracts are presented for both parties [0095]. The computerized method is to manage the development of a creative project, accepting inputs from a first user to establish a creator profile, accepting inputs from a first user to generate a creative project associated with a creator profile, identifying to the first user one or more candidates to provide inputs to the creative project, accepting inputs from the first user to cause one or more payments to be credited to one or more users and issuing the creative project to a distributed ledger in the form of a blockchain [0126].)
Marek does not explicitly teach, however, Mercury teaches wherein, a first search result of the search results is ranked higher than a second search result of the search results based on a determination, by a program executed on the processor, (Mercury e.g. In some embodiments, the digital credential platform server 610 may generate and provide software interfaces (e.g., via a web-based application, or using other programmatic or graphical interface techniques) used by the various client systems 620-670 to perform the various digital credential management functionality described herein [0113]. In response to receiving inputs from a client system 620-670 corresponding to digital credentials, templates, credential search requests and criteria, etc., the platform server 610 may access the underlying digital credential data store 615 perform the various functionality described herein [0113]. Referring now to FIG. 25, a flow diagram is shown illustrating a process for certifying and registering badges within a badging platform, and verifying the associated skills of a badge [0183]. Additionally, data from these analyses in step 2502-2503 also may be used to produce a mapping of badges to skills (and vice versa), badge issuers to skills (and vice versa), and to rank the quality of badges, badge owners, and badge issuers [0183]. Thus, in step 2505, based on the analysis of the badge processes and qualifications, the badge certification service 2450 may add the newly certified/registered badge to published lists of badge ranking and badge-to-skill mappings, that may be searchable to potential badge earners and others interested in verifying the legitimacy and qualify of particular badges [0183]. By using a badge degradation function/chart rather than a simple expiration date, a badging computing environment (e.g., infrastructure and systems 600), various components of the badging infrastructure may support additional searching/matching features and more robust customization of the system for badge earner, employers, badge issuers, and other users [0192]. Recruiters may receive authorization to access badge earner portfolios and job listing data from the badge platform server 3210, and may use the data to perform candidate searches based on job listings, job searches based on candidate profiles, and other related recruiter tasks. In some cases, individual recruiter users may first receive authorization to access the badge data store, job listing database, etc., from individual badge earners, employers on behalf of their companies or employees, educational institutions, badge owners or issuers, etc. [0216]. As shown in example user interface 3600, a recruiter view may include a candidate search tool (e.g., accessible via the “Candidate Search” tab) that allows the recruiter to input a job listing identifier and/or a set of job-related criteria, and then to execute a search within the badge data store for qualified candidates with badges/skills that match the position description and skills of the job listing (Fig. 36 and [0217]). Initially, the user may view their issued badge statistics (e.g., via the “Issued Badges” tab), which may include a badge listing of each badge type that the issuer issues, as well as various statistics and issuance metrics such as the number of issued badges of the based type, the percentage of those badges that are still active, the recent trend is badge issuances for that type, the skills associated with the badge type, the issuer's rank among other issuers of the same badge type, etc. [0219]. Additionally, employer badge portfolios and other employer data may be used to rank employers, and/or may be used to weight or filter searches of job listings or employment opportunities by recruiters or candidates [0230]. Further, employer badge portfolios stored within badge platform servers may be accessible via portals, APIs, web services, and other techniques, so that employer badge may be accessed and used by a variety of internal and external clients and tools. For instance, recruiter tools, job matching tools, candidate finder tools, and individual recruiters and candidates for job listings may use various employer badges to weight and/or filter job listings results in order to favor employers having certain specified badges. For instance, a job candidate or recruiter using a recruiting or job-matching tool may choose to exclude (or just to de-prioritize) any job listings from the result set from employers that do not have a recent employee high-satisfaction badge. Of course, many other such examples of different user types using search criteria based on employer badges or combinations of badges are possible [0234].)
The Examiner submits that before the effective filing date, it would have been obvious to one of ordinary skill in the art to modify Marek’s platforms search function to include ranking search results by a program executed on the processor as taught by Mercury in to improve the matching of a user's current skill set to associated jobs/occupations (Mercury e.g. [0197]).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mercury et al. (US 2019/0089701 A1).
As per claim 4 (New), Mercury teaches a computing device for use in the film and television industry, comprising: one or more processors; one or memories; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions for (Mercury e.g. With reference now to FIG. 1, a block diagram is shown illustrating various components of a content distribution network (CDN) 100 which implements and supports certain embodiments and features described herein. Content distribution network 100 may include one or more content management servers 102 [0052]. In content distribution networks 100 used for media distribution, interactive gaming, and the like, a content server 112 may include media content files such as music, movies, television programming, games, and advertisements [0058]. FIG. 2 is a block diagram illustrating a computer server and computing environment within a content distribution network [0004]. With reference now to FIG. 6, a block diagram is shown illustrating an example of a digital credential management system 600 for generating, managing, and tracking digital credential templates and digital credentials. As shown in this example, a digital credential management system 600 may include a digital credential platform server 610 configured to communicate with various other digital credential systems 620-680 [0105].):
Mercury teaches receiving a user request for the system program to facilitate the use of an industry function using an industry program; (Mercury e.g. In some embodiments, the content delivery system 408 may include specialized security and integration hardware 410, along with corresponding software components to implement the appropriate security features content transmission and storage, to provide the supported network and client access models, and to support the performance and scalability requirements of the network 100. The security and integration layer 410 may include some or all of the security and integration components 208 discussed above in FIG. 2, and may control the transmission of content resources and other data, as well as the receipt of requests and content interactions, to and from the user devices 106, supervisor devices 110, administrative servers 116, and other devices in the network 100 [0087]. As discussed below, each issuer system 630 may communicate with the platform server to request and receive access to issue digital credentials based on specific digital credential templates. The platform server 610 may process template access requests from the credential issuer systems 630, permitting or denying a specific system 630 to generate (or issue) a digital credential based on a specific digital credential template [0105]. Accordingly, client systems 620-670 may include the necessary hardware and software components to establish the network interfaces, security and authentication capabilities, and capabilities for transmitting/receiving digital credential templates and digital credentials, digital credential data requests/responses to the platform server 610, etc. [0112]. In some embodiments, the digital credential platform server 610 may generate and provide software interfaces (e.g., via a web-based application, or using other programmatic or graphical interface techniques) used by the various client systems 620-670 to perform the various digital credential management functionality described herein. In response to receiving inputs from a client system 620-670 corresponding to digital credentials, templates, credential search requests and criteria, etc., the platform server 610 may access the underlying digital credential data store 615 perform the various functionality described herein [0113].)
Mercury teaches determining, automatically and continuously, one or more user values based on a first user profile, the user request, and the first user's previous interaction with the system program; (Mercury e.g. The content management server 102 may record and track each user's system usage, including their user device 106, content resources accessed, and interactions with other user devices 106. This data may be stored and processed by the user data server 114, to support user tracking and analysis features [0059]. For instance, in the professional training and educational contexts, the user data server 114 may store and analyze each user's training materials viewed, presentations attended, courses completed, interactions, evaluation results, and the like [0059]. A user profile data store 301 may include information relating to the end users within the content distribution network 100. This information may include user characteristics such as the user names, access credentials (e.g., logins and passwords), user preferences, and information relating to any previous user interactions within the content distribution network 100 (e.g., requested content, posted content, content modules completed, training scores or evaluations, other associated users, etc.) [0073]. Certain institutions may issue digital credentials (or digital badges) to qualifying individuals, and these digital credential earners may use the digital credentials to certify the skills or qualifications that the earner obtained vis-à-vis the institution [0002]. With reference now to FIG. 6, a block diagram is shown illustrating an example of a digital credential management system 600 for generating, managing, and tracking digital credential templates and digital credentials [0105]. A digital credential (or digital badge) may refer to an instance of an electronic document or data structure, generated for a specific individual (i.e., the credential receiver), and based on a digital credential template [0106]. As used herein, a digital credential template (or digital badge template) may refer to an electronic document or data structure storing a general (e.g., non-user specific) template or description of a specific type of digital credential that may be issued to an individual. Digital credential templates may include, for example, a description of the skills, proficiencies, and/or achievements that the digital credential represents [0106]. Badge earners, the users themselves also may request reports from the platform server 1110 quantifying the post-credentialing usage (which may be expressed in terms of time, value, and/or dollar amounts) associated with their previously earned badges [0140]. Referring now to FIG. 29, a flow diagram is shown illustrating a process for computing and outputting a badge's current status/strength level. In some embodiments, this process may be performed by a digital credential platform server (e.g., 610, etc.) in response to requests from various clients within the badging network (e.g., badge earners, issuers, employers or educational institutions, etc.) [0194]. In step 2902, the platform server 610 may retrieve the user's requested badges and may calculate a current badge status or strength value associated with each badge. As discussed above, while certain badges may simply have a status of expired or active, other badges may have an associated status/strength value that can be calculated using a degradation function [0195]. Additionally, the badge degradation rate also be affected by the user's current job/skills, observational data collected from an on-the-job monitoring/credentialing system, an analysis of the user's other related documents (e.g., emails, social media posts, documents, company records, web history, etc.) [0196]. In step 2903, if the platform server 610 determines that any of these factors applies, then in step 2904 it may modify the current badge status/strength accordingly (e.g., by adding to the status/strength value or multiplying by a determine multiplier factor). Otherwise, if no additional related badges are found in the user's portfolio, and/or if no skills usage data is found relevant to the badge is found by the platform server 610, then the status or strength values determined for each badge are not modified [0196].)
Mercury teaches facilitating the use of the industry function using an industry program by: identifying one or more industry programs that provides the industry function requested by the user; (Mercury e.g. With reference now to FIG. 1, a block diagram is shown illustrating various components of a content distribution network (CDN) 100 which implements and supports certain embodiments and features described herein. Content distribution network 100 may include one or more content management servers 102 [0052]. In content distribution networks 100 used for media distribution, interactive gaming, and the like, a content server 112 may include media content files such as music, movies, television programming, games, and advertisements [0058]. A content management server 102 may include a content customization system 402. In some embodiments, the content customization system 402 may adjust the selection and adaptive capabilities of content resources to match the needs and desires of the users receiving the content [0083]. For example, the content customization system 402 may query various data stores and servers 104 to retrieve user information, such as user preferences and characteristics (e.g., from a user profile data store 301), user access restrictions to content recourses (e.g., from a content access data store 306), previous user results and content evaluations (e.g., from an evaluation data store 308), and the like. Based on the retrieved information from data stores 104 and other data sources, the content customization system 402 may modify content resources for individual users [0083]. A content management server 102 also may include a content delivery system 408. The content delivery system 408 may be implemented using dedicated hardware within the content distribution network 100 (e.g., a content delivery server 408), or using designated hardware and software resources within a shared content management server 102. The content delivery system 408 may receive content resources from the content customization system 402 and/or from the user management system 404, and provide the resources to user devices 106. The content delivery system 408 may determine the appropriate presentation format for the content resources based on the user characteristics and preferences, and/or the device capabilities of user devices 106. If needed, the content delivery system 408 may convert the content resources to the appropriate presentation format and/or compress the content before transmission. In some embodiments, the content delivery system 408 may also determine the appropriate transmission media and communication protocols for transmission of the content resources [0086].)
Mercury teaches generating one or more values for the one or more identified industry programs based on the complexity of the program, reviews of the program by at least one user, or prior interaction between the user and the program; (Mercury e.g. The system 600 also may include a digital credential receiver system 640 and a digital credential endorser system 650. The digital credential receiver system 640 may be a computing device associated with a credential receiver (or credential earner), for example, an individual user of an electronic learning system, professional training system, online certification course, etc. In some embodiments, credential receivers may access the platform server 610 via systems 640 to accept or reject newly issued digital credentials, review and update their own set of previously earned digital credentials, as well as to publish (or share) their digital credentials via communication applications or publishing platforms such as social media systems [0107]. In some embodiments, the monitoring and tracking of post-credentialing activities by the user may be used to analyze and provide badge or credential feedback data to various entities [0137]. Within the platform server 1410, an analytics engine and/or artificial intelligence components may be used to analyze the data from systems 1421-1423, retrieve additional data from external data sources 1431-1433, and evaluate the testing/credentialing systems 1421-1423 based on the data [0146]. Further, the engine may retrieve direct or indirect user feedback regarding the testing/credentialing systems 1421-1423. Such data may include, for example, explicit user feedback such as survey responses, or number/percentage of returning customer to a particular testing/credentialing system 1421-1423. Additional user feedback data may include user behavioral cues during or after the particular tests, monitoring, or simulations given to the user at the testing/credentialing system 1421-1423 [0146]. In step FIG. 30B, a corresponding skills view 3000b is shown, in which each skill associated with one or more of the badges listed in view 3000a may be aggregated/summed and quantified into a bar graph or other output display. For example, if the user has earned multiple badges and/or profession certifications that are each associated with the skill of “forensic accounting,” then a “forensic accounting” skill value may be determined for each badges/certifications (e.g., based on the intensity of badging course/certification, the course level (e.g., intro, intermediate, advance, etc.), the length of the course, how much the course on the skill of the forensic accounting versus other related skills, etc.). Then, the forensic accounting” skill value for each of the badges may be summed and presented in the skills view 3000b [0200].)
Mercury teaches ranking the user's one or more values and the industry program's one or more values; (Mercury e.g. In some embodiments, the digital credential platform server 610 may generate and provide software interfaces (e.g., via a web-based application, or using other programmatic or graphical interface techniques) used by the various client systems 620-670 to perform the various digital credential management functionality described herein [0113]. In response to receiving inputs from a client system 620-670 corresponding to digital credentials, templates, credential search requests and criteria, etc., the platform server 610 may access the underlying digital credential data store 615 perform the various functionality described herein [0113]. Referring now to FIG. 25, a flow diagram is shown illustrating a process for certifying and registering badges within a badging platform, and verifying the associated skills of a badge [0183]. Additionally, data from these analyses in step 2502-2503 also may be used to produce a mapping of badges to skills (and vice versa), badge issuers to skills (and vice versa), and to rank the quality of badges, badge owners, and badge issuers [0183]. Thus, in step 2505, based on the analysis of the badge processes and qualifications, the badge certification service 2450 may add the newly certified/registered badge to published lists of badge ranking and badge-to-skill mappings, that may be searchable to potential badge earners and others interested in verifying the legitimacy and qualify of particular badges [0183]. By using a badge degradation function/chart rather than a simple expiration date, a badging computing environment (e.g., infrastructure and systems 600), various components of the badging infrastructure may support additional searching/matching features and more robust customization of the system for badge earner, employers, badge issuers, and other users [0192]. Recruiters may receive authorization to access badge earner portfolios and job listing data from the badge platform server 3210, and may use the data to perform candidate searches based on job listings, job searches based on candidate profiles, and other related recruiter tasks. In some cases, individual recruiter users may first receive authorization to access the badge data store, job listing database, etc., from individual badge earners, employers on behalf of their companies or employees, educational institutions, badge owners or issuers, etc. [0216]. As shown in example user interface 3600, a recruiter view may include a candidate search tool (e.g., accessible via the “Candidate Search” tab) that allows the recruiter to input a job listing identifier and/or a set of job-related criteria, and then to execute a search within the badge data store for qualified candidates with badges/skills that match the position description and skills of the job listing (Fig. 36 and [0217]). Initially, the user may view their issued badge statistics (e.g., via the “Issued Badges” tab), which may include a badge listing of each badge type that the issuer issues, as well as various statistics and issuance metrics such as the number of issued badges of the based type, the percentage of those badges that are still active, the recent trend is badge issuances for that type, the skills associated with the badge type, the issuer's rank among other issuers of the same badge type, etc. [0219]. Additionally, employer badge portfolios and other employer data may be used to rank employers, and/or may be used to weight or filter searches of job listings or employment opportunities by recruiters or candidates [0230]. Further, employer badge portfolios stored within badge platform servers may be accessible via portals, APIs, web services, and other techniques, so that employer badge may be accessed and used by a variety of internal and external clients and tools. For instance, recruiter tools, job matching tools, candidate finder tools, and individual recruiters and candidates for job listings may use various employer badges to weight and/or filter job listings results in order to favor employers having certain specified badges. For instance, a job candidate or recruiter using a recruiting or job-matching tool may choose to exclude (or just to de-prioritize) any job listings from the result set from employers that do not have a recent employee high-satisfaction badge. Of course, many other such examples of different user types using search criteria based on employer badges or combinations of badges are possible [0234].)
Mercury teaches pairing the first user with the industry program based on the compatibility ranking; and, (Mercury e.g. FIG. 39 is a flow diagram illustrating an example process of analyzing worker/employee data, and job/company data, in order to determine potential matches that may be suggested to one or both parties [0042]. With reference now to FIG. 1, a block diagram is shown illustrating various components of a content distribution network (CDN) 100 which implements and supports certain embodiments and features described herein. Content distribution network 100 may include one or more content management servers 102 [0052]. In content distribution networks 100 used for media distribution, interactive gaming, and the like, a content server 112 may include media content files such as music, movies, television programming, games, and advertisements [0058]. A content management server 102 may include a content customization system 402. In some embodiments, the content customization system 402 may adjust the selection and adaptive capabilities of content resources to match the needs and desires of the users receiving the content [0083]. For example, the content customization system 402 may query various data stores and servers 104 to retrieve user information, such as user preferences and characteristics (e.g., from a user profile data store 301), user access restrictions to content recourses (e.g., from a content access data store 306), previous user results and content evaluations (e.g., from an evaluation data store 308), and the like. Based on the retrieved information from data stores 104 and other data sources, the content customization system 402 may modify content resources for individual users [0083]. Referring now to FIG. 29, a flow diagram is shown illustrating a process for computing and outputting a badge's current status/strength level. In some embodiments, this process may be performed by a digital credential platform server (e.g., 610, etc.) in response to requests from various clients within the badging network (e.g., badge earners, issuers, employers or educational institutions, etc.) [0194]. As noted above, this more specific and granular badge data that includes a current badge strength/status level may be used to improve the matching of a user's current skill set to associated jobs/occupations, to demonstrate up to date skills during a job hiring or job review process, to suggest a refresher/recertification course for certain users with certain skills, and as a selling point for marketing of related/overlapping badges to reinforce skill sets, etc. [0197].)
Mercury teaches providing the user access to the industry program. (Mercury e.g. Referring now to FIG. 34, an example user interface screen (e.g., a web page or application display screen) is shown representing a badge earner view 3400 that illustrates various features that may be available to authorized badge earners via the badge platform server 3210 [0211]. In various embodiments, other features provided via the badge issuer view 3400 user interface may include an aggregated skills profile for the badge earner (e.g., via the “Skills View” tab) based on the user's earned badges, the badge-skills associations, and other user data acquired by the system related to the badge earner (e.g., badge strength data, on-the-job monitoring data, educational data and other credentials, etc.) [0212]. Additionally, a job listing tool may be provided in some embodiments, providing the badge earner a set of recommended current job listings (e.g., via the “Job Listings” tab) based on the badge earner's current badge portfolio, skills, and other profile data (e.g., geographic location, career data, current salary, and/or customized parameters provided by the user). The badge platform server 3210 also may provide a set of suggested badges (e.g., via the “Suggested Badges” tab) based on the user's current badge portfolio, current skill sets, employer and current job position, etc. For example, badge suggestions may be based on peer-recommendations of badges in the user's technical field, such as a continuation on to a more advanced badge in an area where the user has already earned a beginner level badge [0212].)
As per claim 5 (New) Mercury teaches the computing device of claim 4, Mercury teaches wherein the instructions further comprise: receiving a response from the user indicating whether the pairing was successful, wherein, when the pairing is unsuccessful creating a new request for the system program to facilitate the use of an industry function using an industry program factoring in the unsuccessful pairing. (Mercury e.g. A content management server 102 also may include an evaluation system 406. The evaluation system 406 may be implemented using dedicated hardware within the content distribution network 100 (e.g., an evaluation server 406), or using designated hardware and software resources within a shared content management server 102. The evaluation system 406 may be configured to receive and analyze information from user devices 106. For example, various ratings of content resources submitted by users may be compiled and analyzed, and then stored in a data store (e.g., a content library data store 303 and/or evaluation data store 308) associated with the content. In some embodiments, the evaluation server 406 may analyze the information to determine the effectiveness or appropriateness of content resources with, for example, a subject matter, an age group, a skill level, or the like. In some embodiments, the evaluation system 406 may provide updates to the content customization system 402 or the user management system 404, with the attributes of one or more content resources or groups of resources within the network 100. The evaluation system 406 also may receive and analyze user evaluation data from user devices 106, supervisor devices 110, and administrator servers 116, etc. For instance, evaluation system 406 may receive, aggregate, and analyze user evaluation data for different types of users (e.g., end users, supervisors, administrators, etc.) in different contexts (e.g., media consumer ratings, trainee or student comprehension levels, teacher effectiveness levels, gamer skill levels, etc.) [0085]. Within the platform server 1410, an analytics engine and/or artificial intelligence components may be used to analyze the data from systems 1421-1423, retrieve additional data from external data sources 1431-1433, and evaluate the testing/credentialing systems 1421-1423 based on the data [0146]. Further, the engine may retrieve direct or indirect user feedback regarding the testing/credentialing systems 1421-1423. Such data may include, for example, explicit user feedback such as survey responses, or number/percentage of returning customer to a particular testing/credentialing system 1421-1423. Additional user feedback data may include user behavioral cues during or after the particular tests, monitoring, or simulations given to the user at the testing/credentialing system 1421-1423 [0146]. In these embodiments, the successful/unsuccessful output rates used in the analytics and/or artificial intelligence may be based on subsequent user performance data, job/career data, user feedback data, or any combination of user post-badge observation data [0147]. Referring now to FIG. 25, a flow diagram is shown illustrating a process for certifying and registering badges within a badging platform, and verifying the associated skills of a badge. In step 2501, the badge certification service 2450 may receive new badge type data from a badge issuer [0183]. Additionally, in some cases, the analysis in step 2502 may depend on endorsement data, user feedback data, and/or statistical data associated with badge earners (e.g., hiring rates for badge earners, income change based on badge earning, etc.) [0183]. Referring now to FIG. 39, a flow diagram shown illustrating an example process of analyzing worker/employee data, and job/company data, in order to determine potential matches that may be suggested to one or both parties. For instance, the recruiting engine 3815 may even include data points such as the satisfaction level of a current employee which may be determined based on employee surveys or other direct feedback, or inferred based on job seeking/web-browsing behavior, a decline in performance, and/or recently acquiring new badges or other qualifications which may indicate an intention to change jobs or careers [0224].)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure include FOR: Rathod, C. (WO-2011004381-A1) "An Apparatus, System, and Method for Automated Production of Rule Based Near Live Sports Event in the Form of a Video Film for Entertainment" and NPL: A. Aidarbekov, G. Shakhmetova, K. Asmaganbetova, Z. Bekish, A. Kyzyrkanov and A. Salimzhanov, "Informational Technologies in Film Production - How ICT shaping Media Industry," 2021 IEEE 4th International Conference on Advanced Information and Communication Technologies (AICT), Lviv, Ukraine, 2021, pp. 137-140.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ayanna Minor whose telephone number is (571)272-3605. The examiner can normally be reached M-F 9am-5 pm.
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 at 571-272-6787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.M./Examiner, Art Unit 3624
/Jerry O'Connor/Supervisory Patent Examiner,Group Art Unit 3624