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 .
DETAILED CORRESPONDENCE
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Status of Claims
No claims have been amended.
Claims 2 – 40 have been cancelled via preliminary amendments.
No claims have been added.
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.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite:
registering user identifying information;
browsing generic data posts;
selecting a generic data post;
invoking a data transmission tool;
selecting a user data transmission procedure; and
forwarding user application data for responding to the generic data post
The invention is directed towards the abstract idea of human resources, employment management, and/or job search and application, which corresponds to “Mental Processes” and “Certain Methods of Organizing Human Activities” as it is directed towards steps that can be performed by a human(s), in the human mind, and/or with the aid of pen and paper, e.g., listing job postings, searching for a job posting(s), and applying to the job posting. A human can perform these processes in their mind by (for example) reading written job postings, selecting a job posting, and mailing, calling, verbally communicating, or meeting in person with a point of contact who is associated with the job posting. The claimed invention is also directed towards the management of interactions between humans as it encompasses how humans can connect with one another by having a first human post a request for a second human to apply to a job, having the second human search for and determine whether their skill set, experience, or the like matches the parameters of the job posting, and having the second human’s resume and the first human’s job posting be the method for facilitating an interaction between the two humans.
The limitations of:
registering user identifying information;
browsing generic data posts;
selecting a generic data post;
invoking a data transmission tool;
selecting a user data transmission procedure; and
forwarding user application data for responding to the generic data post,
are processes that, under its broadest reasonable interpretation, covers performance of the limitation performed by a human(s), in the human mind, and/or with the aid of pen and paper, while failing to recite any additional elements. That is, nothing in the claim element precludes the step from practically being performed in the mind. For example, in the context of this claim encompasses a human can perform these processes in their mind by (for example) reading written job postings, selecting a job posting, and mailing, calling, verbally communicating, or meeting in person with a point of contact who is associated with the job posting. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” and “Certain Methods of Organizing Human Activities” groupings of abstract ideas. Accordingly, the claim recites an abstract idea.
As stated above, this judicial exception is not integrated into a practical application as no additional elements have been recited and nothing in the claim element precludes the step from practically being performed in the mind or having two humans interact with one another.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, no additional elements have been recited to perform the steps of:
registering user identifying information;
browsing generic data posts;
selecting a generic data post;
invoking a data transmission tool;
selecting a user data transmission procedure; and
forwarding user application data for responding to the generic data post.
Accordingly, the claim is not patent eligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Johnson (US PGPub 2002/0133369 A1).
In regards to claim 1, Johnson discloses a method of facilitating data submission comprising:
registering user identifying information (¶ 26, 59, 69 wherein user identifying information is registered with the system, e.g., resume data, contact information, and etc.);
browsing generic data posts (¶ 25, 34, 65, 69, 139 wherein job posts can be searched);
selecting a generic data post (¶ 26, 27, 35, 65, 78, 139 wherein a job post can be selected, viewed, and responded to);
invoking a data transmission tool (Fig. 4A, 6, 13; ¶ 18, 26, 27, 35, 65, 138, 157, 366 wherein a job posting can be searched, viewed, and responded to by electronically interacting with an online computer network and system within a web browser storing and presenting job postings and submitting candidate/job seeker resumes);
selecting a user data transmission procedure (Fig. 4A, 6, 13; ¶ 366 wherein a transmission procedure is selected to transmit a candidate/job seeker resume for a selected job posting); and
forwarding user application data for responding to the generic data post (Fig. 4A, 6, 13; ¶ 366 wherein candidate/job seeker resumes are forwarded responding to the job posting).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached PTO-892 Notice of References Cited.
Rolleri et al. (WO 03/39078 A1); Dellovo (US Patent 8,195,657 B1); Shah eta l. (US Patent 8,165,051 B1); Shapiro et al. (US Patent 6,714,944 B1); Kurzius et al. (US Patent 6,385,620); McGovern et al. (US Patent 6,370,510 B1); Abrahamsohn (US PGPub 2005/0216295 A1); Talib et al. (US PGPub 2001/0049674 A1); Richardson (CA 2,394,446 A1); Jansen et al. (Using the web to look for work Implications for on) – which disclose systems and methods for job searching and application
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERARDO ARAQUE JR whose telephone number is (571)272-3747. The examiner can normally be reached Monday - Friday 8-4:30.
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, Sarah Monfeldt can be reached at 571-270-1833. 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.
GERARDO ARAQUE JR
Primary Examiner
Art Unit 3629
/GERARDO ARAQUE JR/Primary Examiner, Art Unit 3629 4/23/2026
Prosecution Insights