DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections – 35 U.S.C. §103
2. 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.
3. 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:
a. Determining the scope and contents of the prior art
b. Ascertaining the differences between the prior art and the claims at issue
c. Resolving the level of ordinary skill in the pertinent art
d. Considering objective evidence present in the application indicating
obviousness or nonobviousness
Claims 22, 23 , 26, 28, 29, 32, 34, 35, 38 are rejected under 35 U.S.C. 103 as being unpatentable over Scarpelli et al. (United States Patent Publication Number 20060173731), hereinafter Scarpelli in view of Dutta et al. (United States Patent Publication Number 2011/0307303 ), hereinafter referred to as Dutta referencing Porschia Parker, “How to Gracefully Leave a Job for Another Opportunity”, BioSpace, October 7th 2019 and in further view of Smith et al., (United States Patent Publication Number 20060173731), hereinafter Smith
Regarding claim 22 Scarpelli teaches a non-transitory computer readable medium(a large permanent memory System [0018]) such as “non-transitory computer readable medium” storing instructions(software application [0018]) that, when executed by a processor, (a central processor [0018]) cause the processor (a central processor [0018]) to perform operations (enabled operations [0019]) comprising: receiving data from a plurality of disparate data sources, (The system software 31 may be operatively Connected by buss or network link to human resource information system back end vendors 34 that provide employee records and data concerning compensation and benefits. It may also be connected to internet service providers 36 for access to data sources and storage. [0019]) the data(employee records and data [0019]) including a first and second plurality of variables, (any one of name, subject(s) taught, grade, tenure status, info Edit, and evaluations [0023]) wherein each of the first plurality of variables (name, subject(s) taught, grade, tenure status, info Edit, and evaluations [0023]) is associated with one entity (teacher [0023]) of a plurality of entities (staff list [0023]) in a managerial position of a plurality of managerial positions; (various administrative positions [0028]) wherein each of the second plurality of variables (any one of name, subject(s) taught, grade, tenure status, info Edit, and evaluations [0023]) is associated with a performance metric(teaching performance [0024]) of a plurality of performance metrics (unsatisfactory, basic, proficient, distinguished, or not applicable ratings. [0024]) associated with each of the plurality of entities; (staff list [0023]) wherein the plurality of disparate data sources(The system software 31 may be operatively Connected by buss or network link to human resource information system back end vendors 34 that provide employee records and data concerning compensation and benefits. It may also be connected to internet service providers 36 for access to data sources and storage. [0019]) includes at least one of: one or more input datasets, (a convenient database [0039]) one or more second input datasets, individual performance monitoring, team monitoring, and market monitoring;
Scarpelli does not fully disclose generating a plurality of indexes, where the plurality of indexes includes: a first index associated with the plurality of managerial positions; a second index associated with the plurality of entities; and a third index associated with the plurality of performance metrics; storing the plurality of indexes in a database; extracting one or more associations from the plurality of indexes, wherein each of the one or more associations includes one or more probabilistic distributions based on a relationship between each of the plurality of performance metrics and each of the plurality of managerial positions; identifying, based on a comparison between each of the plurality of performance metrics in the third index associated with each of the plurality of entities and the extracted set of one or more associations, one or more outlier entities having a managerial score higher than a threshold; and implementing, based on the identification, one or more changes to one or more policies of an organization, wherein the one or more changes includes at least one of: removing one or more of the outlier entities from the organization, or providing additional management training to the one or more of the outlier entities.
Dutta teaches generating a plurality of indexes, (collect and analyze attributes [0033]) such as “plurality of indexes” where the plurality of indexes (collect and analyze attributes [0033]) such as “plurality of indexes” includes: a first index associated with the plurality of managerial positions; (attribute related to job responsibilities [0033]) such as “a first index” SEE ALSO Fig 4 “job title” a second index associated with the plurality of entities; (attributes related to an employee’s background [0033]) such as “a second index” and a third index associated with the plurality of performance metrics; (ABS., plurality of workers) (attributes related to all workers [0025]/company employees [0033]) such as “a third index associated with the plurality of entities” storing the plurality of indexes in a database; (database system 30 may store employee data, such as job responsibilities, past performance, compensation, and any other relevant attributes [0031]) extracting one or more associations from the plurality of indexes, wherein each of the one or more associations includes one or more probabilistic distributions based on a relationship between each of the plurality of performance metrics and each of the plurality of managerial positions; (Predictive analytic module 16 applies a data mining model to those attributes. The data mining model analyzes the attributes as they relate to all employees and identifies a pattern between the attributes and the future performance of the employees [0033]) identifying, based on a comparison between each of the plurality of performance metrics in the third index (ABS., plurality of workers) (attributes related to all workers [0025]/company employees [0033]) such as “a third index associated with the plurality of entities” associated with each of the plurality of entities(attributes related to an employee’s background [0033]) such as “a second index” and the extracted set of one or more associations, (pattern between the attributes and the future performance of the employees [0033])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scarpelli to incorporate the teachings of Dutta referencing Porschia generating a plurality of indexes, where the plurality of indexes includes: a first index associated with the plurality of managerial positions; a second index associated with the plurality of entities; and a third index associated with the plurality of performance metrics; storing the plurality of indexes in a database; extracting one or more associations from the plurality of indexes, wherein each of the one or more associations includes one or more probabilistic distributions based on a relationship between each of the plurality of performance metrics and each of the plurality of managerial positions; identifying, based on a comparison between each of the plurality of performance metrics in the third index associated with each of the plurality of entities and the extracted set of one or more associations. By doing so a pattern can be identified between the attributes and a future characteristic of the workers, and using the identified pattern to predict the future characteristic of a worker. Dutta [0006]
Smith teaches one or more outlier entities (identification of outliers [0276]) having a managerial score (Each member can be associated with a score that represents how much influence they have in relation to other people on their team; [0239]) higher than a threshold; (Individuals or groups with higher risk [0234]) and implementing, based on the identification, (The multiple types of interaction data may be accessed and processed (using suitable filters, decision processes, thresholds, criteria, rules, etc.) and provided as inputs to one or more analytical processes that can evaluate the data and produce a model of the interactions and relationships that the data represents [0155]) one or more changes to one or more policies of an organization, wherein the one or more changes includes at least one of: removing one or more of the outlier entities from the organization, or providing additional management training to the one or more of the outlier entities (The output(s) of the analytical processes may be used to assist in making decisions regarding an organization and its employees … This may be done to determine differences, unexpected relationships, data or information flows , etc. that may be suggestive of an improved way to operate some aspect of the organization. )
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scarpelli in view of Dutta referencing Porschia to incorporate the teachings of Smith wherein one or more outlier entities having a managerial score higher than a threshold; and implementing, based on the identification, one or more changes to one or more policies of an organization, wherein the one or more changes includes at least one of: removing one or more of the outlier entities from the organization, or providing additional management training to the one or more of the outlier entities. By doing so The output(s) of the analytical processes may be used to assist in making decisions regarding an organization and its employees. Smith [0156]
Claims 28 and 34 corresponds to claim 22 and are rejected accordingly
Regarding claim 23 Scarpelli in view of Dutta referencing Porschia and Smith teaches the non-transitory computer readable medium(a large permanent memory System [0018]) such as “non-transitory computer readable medium” of claim 22,
Scarpelli as modified does not fully disclose wherein the extracting the one or more associations further includes: identifying one or more indicia related to the at least one of: one or more input datasets, one or more second input datasets, individual performance monitoring, team monitoring, and market monitoring; and wherein the one or more indicia are associated with historical conditions related to manager performance or employee turnover.
Dutta referencing Porschia teaches wherein the extracting the one or more associations (identified pattern between the attributes [0033])further includes: identifying one or more indicia related to the at least one of: one or more input datasets, one or more second input datasets, individual performance monitoring, team monitoring, and market monitoring; and wherein the one or more indicia are associated with historical conditions related to manager performance or employee turnover. (for example by predictive analytic module 16, to identify patterns that resulted in a voluntary termination. Thus, in this case, the data mining tool looks for past cases where the worker was terminated and the termination was of a voluntary nature [0040])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scarpelli in view of Smith to incorporate the teachings of Dutta referencing Porschia wherein the extracting the one or more associations further includes: identifying one or more indicia related to the at least one of: one or more input datasets, one or more second input datasets, individual performance monitoring, team monitoring, and market monitoring; and wherein the one or more indicia are associated with historical conditions related to manager performance or employee turnover.. By doing so The data mining tool can then analyze these cases to find patterns between employee attributes and attrition. Dutta [0040]
Claims 29 and 35 corresponds to claim 23 and are rejected accordingly
Regarding claim 26 Scarpelli in view of Dutta referencing Porschia and Smith teaches the non-transitory computer readable medium of claim 22,
Scarpelli as modified does not fully disclose the operations further comprising: generating a graphical user interface containing information entry fields for receiving user input regarding input datasets; providing the graphical user interface for display on a user device; receiving, from the graphical user interface via the user device, the one or more input datasets; and generating the third index based on the one or more input datasets.
Dutta teaches the operations further comprising: generating a graphical user interface containing information entry fields for receiving user input regarding input datasets; ( 13a and 13b Predictive model user interface 1300 shows the factors contributing to attrition in a bar graph 1310. Bar graph 1310 lists the contributing factors on the x-axis and the number of workers affected on the y-axis [0073]) SEE ALSO Figs. 6, 9, 10 providing the graphical user interface for display on a user device; (The prediction may be provided to the user via a graphical user interface, such as a table or graph. [0042]) receiving, from the graphical user interface via the user device, the one or more input datasets; (Bar graph 1310 lists the contributing factors on the x-axis and the number of workers affected on the y-axis [0073]) and generating the third index (employee’s background [0033]) such as “a third index” based on the one or more input datasets(Bar graph 1310 lists the contributing factors on the x-axis and the number of workers affected on the y-axis [0073])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scarpelli in view of Smith to incorporate the teachings of Dutta referencing Porchia the operations further comprising: generating a graphical user interface containing information entry fields for receiving user input regarding input datasets; providing the graphical user interface for display on a user device; receiving, from the graphical user interface via the user device, the one or more input datasets; and generating the third index based on the one or more input datasets. By doing so user interface 501 that shows the predicted performance and attrition for a team or group of workers. Dutta [0059]
Claims 32 and 38 corresponds to claim 26 and are rejected accordingly
Claims 24, 25, 30, 31, 36, 37 are rejected under 35 U.S.C. 103 as being unpatentable over Scarpelli et al. (United States Patent Publication Number 20060173731), hereinafter Scarpelli in view of Dutta et al. (United States Patent Publication Number 2011/0307303 ), hereinafter referred to as Dutta referencing Porschia Parker, “How to Gracefully Leave a Job for Another Opportunity”, BioSpace, October 7th 2019 in view of Smith et al., (United States Patent Publication Number 2017 /0236081), hereinafter Smith and in further view of Quinones et al. (United States Patent Publication Number 2022/0327459), hereinafter Quinones
Regarding claim 24 Scarpelli in view of Dutta referencing Porschia and Smith teaches the non-transitory computer readable medium of claim 22,
Scarpelli as modified does not fully disclose the operations further comprising: creating a distribution of manager performance probability for each of the plurality of managerial positions, wherein the manager performance probability is based on the one or more associations and the managerial score; generating, using the distribution, a quantity of a projected plurality of entities having an associated managerial score greater than the threshold over a duration of time; and extracting, based on the generation and the comparison, one or more common characteristics associated with the projected plurality of entities.
Smith teaches generating, using the distribution, a quantity of a projected plurality of entities having an associated managerial score greater than the threshold over a duration of time; (Fig. 6 interactions above certain threshold [0148]) and extracting, based on the generation and the comparison, one or more common characteristics associated with the projected plurality of entities (determine one or more characteristics of the interactions between a specified employee and one or more other employees, groups, departments, projects, tasks, or other aspects of the organization; [0127])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scarpelli in view of Smith, Dutta and Quinones to incorporate the teachings of Smith generating, using the distribution, a quantity of a projected plurality of entities having an associated managerial score greater than the threshold over a duration of time; and extracting, based on the generation and the comparison, one or more common characteristics associated with the projected plurality of entities. By doing so It may also be used to provide insight into the strength of certain relationships, the degree of involvement of certain people or groups in implementing policies or in making decisions, or the relative importance of certain communication channels (where those may be formal or informal). Smith [0050]
Quinones teaches the operations further comprising: creating a distribution of manager performance probability for each of the plurality of managerial positions, wherein the manager performance probability is based on the one or more associations(Figs 6. And 8 6 FIG. 6 Performance screen 600 which shows
percent of indicators in compliance 610 and percent of indicators improving 620,
screen shown in FIG. 8 performance trends screen 800 which shows percent indicators in compliance 810 and percent indicators in improving compliance 820 [0301]) and the managerial score; (screen shown in FIG. 7 Performance summary screen 700 which shows percent performance summary 710 and responsibility percentage 720; [0301])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scarpelli in view of Dutta and Smith to incorporate the teachings of Quinones the operations further comprising: creating a distribution of manager performance probability for each of the plurality of managerial positions, wherein the manager performance probability is based on the one or more associations and the managerial score. By doing so Primary Responsibilities and objective Performance Indicators for every possible Job Position in any type of organization can be determined. Quinones [0065]
Claims 30 and 36 corresponds to claim 24 and are rejected accordingly
Regarding claim 25 Scarpelli in view of Dutta referencing Porschia, Smith and Quinones teaches the non-transitory computer readable medium of claim 24,
Scarpelli as modified does not fully disclose the operations further comprising generating a visualization of the distribution.
Dutta referencing Porschia teaches the operations further comprising generating a visualization of the distribution (Figs. 5a and 5b user interface depicting the attrition distribution. the y-axis of the probability of attrition graph 1100 shows the predicted attrition [0058] – [0059], [0070])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scarpelli in view of Dutta referencing Porschia, Smith to incorporate the teachings of Dutta referencing Porschia wherein the operations further comprising generating a visualization of the distribution. By doing so predictive analytic dashboard user interface 1000 can generate a list of the actions the manager specified during the what-if analysis, or it will allow the manager to initiate an action. Dutta [0069]
Claims 31 and 37 corresponds to claim 25 and are rejected accordingly
Claims 27, 33 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Scarpelli et al. (United States Patent Publication Number 20060173731), hereinafter Scarpelli in view of Dutta et al. (United States Patent Publication Number 2011/0307303 ), hereinafter referred to as Dutta referencing Porschia Parker, “How to Gracefully Leave a Job for Another Opportunity”, BioSpace, October 7th 2019 in view of Smith et al., (United States Patent Publication Number 20060173731), hereinafter Smith and in further view of Williams (United States Patent Publication Number 2015/0242793) hereinafter Williams
Regarding claim 27 Scarpelli in view of Dutta referencing Porschia and Smith teaches the non-transitory computer readable medium of claim 22,
Scarpelli as modified does not fully disclose , the operations further comprising: receiving, based on recurrent review evaluations associated with each of the entities, the one or more second input datasets; formulating a plurality of scores associated with the one or more second input datasets; and generating the third index based on the plurality of scores.
Williams teaches the operations further comprising: receiving, based on recurrent review evaluations associated with each of the entities, (the commenting actions by user 2 and user 3 generates connections between them and the originator of the blog, user 1. [0096]) the one or more second input datasets; (data sets [0095], [0096]) formulating a plurality of scores (Fig. 13, (1304) action score, (1308) specialized scores and (1312) metric scores [0095]) associated with the one or more second input datasets; ( data sets [0095], [0096]) and generating the third index (employee's age, employee Grade … etc. [0038]) such as “third index” based on the plurality of scores. (Fig. 13, (1304) action score, (1308) specialized scores and (1312) metric scores [095])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scarpelli in view of Dutta referencing Porschia and Smith to incorporate the teachings of Williams the operations further comprising: receiving, based on recurrent review evaluations associated with each of the entities, the one or more second input datasets; formulating a plurality of scores associated with the one or more second input datasets; and generating the third index based on the plurality of scores.. By doing so the relational data shown here is generated by arranging an action (here blog post creation or commenting) and providing user identification and other pertinent information. The relational data is then transformed into a graph where each employee is a node, and the actions between the employees/users are used to connect the nodes. Williams [0096]
Claims 33 and 39 correspond to claim 27 and are rejected accordingly
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
Yang et al., (United States Patent Publication Number 2018/0075195), hereinafter Yang teaches “one or more aspects of the present disclosure relate to a system for facilitating computer-assisted healthcare-related outlier detection via automated threshold-based contributing factor detection [0005]”
5. Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Kweku Halm whose telephone number is (469) 295-
9144. The examiner can normally be reached on 7:30AM - 5:30PM Mon - Thur. If
attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Sanjiv Shah can be reached on (571) 272-4098. The fax phone
number for the organization where this application or proceeding is assigned is 571-273-
8300.
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/KWEKU WILLIAM HALM/Examiner, Art Unit 2166
/SANJIV SHAH/Supervisory Patent Examiner, Art Unit 2166
Prosecution Insights