`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`S
`UNITED STATES DEPARTMENT OF COMMERCE i
`United States Patem and Trademark Ollie:
`Addmss: COMMISSIONER FOR PATENTS
`PO. Box I450
`Alexandria. Virginia 223 l3-l450
`ww.usmo.gov
`
`10/101,644
`
`03/19/2002
`
`Marc Vianello
`
`15703.10002
`
`8626
`
`BLACKWELL SANDERS PEPER MARTIN LLP
`4801 Main Street
`Suite 1000
`KANSAS CITY, MO 64112
`
`JEANTY, ROMAIN
`
`3623
`
`DATE MAlLED: 11/10/2005
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 10/03)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.1/13)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.1/13)
`
`

`

`Application No.
`
`Applicant(s)
`
`Office Action Summary
`
`10/101.644
`
`Examine,
`
`VIANELLO, MARC
`
`Art Unit
`
`3623 -
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however, may a reply be timelyIfiled
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above. the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`‘
`Any reply received by the Office later than three months after the mailing date of this communication, even it timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)|XI Responsive to communication(s) filed on 02 September 2005.
`
`2a)E] This action is FINAL.
`
`2b)IZ This action is non-final.
`
`3)EI Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 O.G. 213.
`
`
`
`Disposition of Claims
`
`4)IZ] Claim(s) 5-8 10-12 14 15 17198-200 and 202-207 is/are pending in the application.
`
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`
`5)lj Claim(s) _ is/are allowed.
`
`6)IX| Claim(s) 5-8 10-12 14 15 17 198-200 and 202-207 is/are rejected.
`
`7)[:] Claim(s) __ is/are objected to.
`
`8)[] Claim(s)
`
`are subject to restriction and/or election requirement.
`
`Application Papers
`
`9):} The specification is objected to by the Examiner.
`
`10)I:l The drawing(s) filed on _ is/are: a)|:l accepted or b)l:l objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`11)E] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)l:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)EI All
`
`b)E] Some * c)E] None of:
`
`Certified copies of the priority documents have been received.
`
`Certified copies of the priority documents have been received in Application No.
`
`Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) E Notice of References Cited (PTO-892)
`2) E] Notice of Draitsperson’5 Patent Drawing Review (PTO-948)
`3) [:1 Information Disclosure Statement(s) (PTO1449 or PTO/SB/OB)
`Paper No(s)/Mail Date _.
`US. Patent and Trademark Office
`
`4) D Interview Summary (PTO—413)
`Paper No(s)/Mai| Date. _
`5) CI Notice of Informal Patent Application (PTO-152)
`6) [:1 Other:
`
`PTOL-326 (Rev. 7-05)
`
`Office Action Summamonster Worldwide InFEarteggfialBfir IBItIaiIEi‘F‘I 181705
`
`Monster Worldwide, Inc. Exhibit 1018 (p.2/13)
`
`

`

`Application/Control Number: 10/ 1 01 ,644
`
`Page 2
`
`Art Unit: 3623
`
`DETAILED ACTION
`
`Requesr for Continued Examination (RCE)
`
`1.
`
`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 September 2, 2005 has been entered. Claims 5-
`
`8, 10-12, 14-15, 17, 198—200, and 202-207 are pending in the application.
`
`Response to Arguments
`
`2.
`
`Applicant's arguments with respect to claims 5-17 and 198 have been considered but are
`
`moot in View of the new ground(s) of rejection.
`
`Claim Rejections - 35 USC § 112
`
`3.
`
`The following is a quotation of the second paragraph of 35 USC. 112:
`
`The specification shall conclude with one or more claims particularly pointing out and
`distinctly claiming the subject matter which the applicant regards as his invention.
`
`4.
`
`Claims 8 and 17 are rejected under 35 USC. 112, second paragraph, as being indefinite
`
`for failing to particularly point out and distinctly claim the subject matter which applicant
`
`regards as the invention.
`
`Claims 8, 17 recite the limitation "the non requesting" in line 11. There is insufficient
`
`antecedent basis for this limitation in the claim.
`
`Monster Worldwide, Inc. Exhibit 1018 (p.3/13)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.3/13)
`
`

`

`Application/Control Number: 10/ 1 01,644
`
`Art Unit: 3623
`
`Page 3
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The following is a quotation of 35 USC. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or
`described as set forth in section 102 of this title, if the differences between the subject
`matter sought to be patented and the prior art are such that the subject matter as a whole
`would have been obvious at the time the invention was made to a person having ordinary
`skill in the art to which said subject matter pertains. Patentability shall not be negatived
`by the manner in which the invention was made.
`
`6.
`
`Claims 5-8, 10-12, 14-15, 17, 198-200, and 202-207 are rejected under 35 USC. 103(a)
`
`as being unpatentable over Walker et a1 “Walker” (US. Patent No. 5,884,270) in view of Pineda
`
`et a1 “Pineda” (W00182185A2).
`
`As per claims 5, 7-8, 12, 17, 200, and 202-204, and 207, Walker et a1 discloses
`
`McGovern et a1 disclose an interactive employment recruiting service comprising:
`
`automatically matching said candidate with said employer based on said candidate
`
`requirements and said employer requirements (col. 8, lines 20-37 and col. 8, lines 51-65),
`
`receiving a request for release of contact information from either said candidate or said employer
`
`(col. 5, lines 5-18), determining whether there is mutual content to said request for the release of
`
`contact information regarding the candidate for each specific request. Since Walker teaches the
`
`control of requested data and authorization for releasing information, it implies that there must
`
`be mutual agreement between the parties before any information is released. Note col. 7, lines
`
`24-41 and col. 21, line 58 through col. 22, line 9 of Walker.
`
`Walker further teaches providing exchange information in real time (col. 7, lines 24-41
`
`and col. 21, line 58 through col. 22 line 9).
`
`Monster Worldwide, Inc. Exhibit 1018 (p.4/13)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.4/13)
`
`

`

`Application/Control Number: 10/101,644
`
`Page 4
`
`Art Unit: 3623
`
`Walker discloses all of the limitations above but fail to expressly disclose obligating
`
`payment due from said employer in real time and said payment due is a fee to a career site.
`
`Pinada in the same field of endeavor discloses the concept of charging a fee to an employer et al
`
`operator by a web site host (Page 3, lines 18-21). It would have been obvious to a person of
`
`ordinary skill in the art to modify the system of Walker to include the teachings of Pineda in
`
`order to generate revenue on the basis of the number of qualified candidates that employers
`
`actually find through of a job-placement web site.
`
`As per claim 6, Walker further discloses wherein said information exchange is the release
`
`of contact information (col. 7, lines 24-41 and col. 21, line 58 through col. 22, line 9). Walker
`
`does not state whether the exchange of information occurs prior or after any direct contact
`
`between the employer and the candidate which it implies that the information exchange occurs
`
`before any direct contact between the party.
`
`As per claim 10, it is common that a company would pay a lot more to an employment
`
`firm to fill in an executive position and vary the pay amount based on the prospective
`
`employee’s experience level, types of position, open position and fee schedules, etc. Applicant’s
`
`claimed features “an amount of said payment is chosen from a general equivalency diploma
`
`amount, a high school amount, a vocational educational training amount, an associate degree
`
`amount, a bachelor degree amount, a master degree amount, and a doctorate amount, wherein
`
`said doctorate amount is less than or equal to said master degree amount, which is less than or
`
`equal to said bachelor degree amount, which is less than or equal to said associate degree
`
`amount, which is less than or equal to said vocational educational training amount, which is less
`
`than or equal to said high school amount, which is less than or equal to said general equivalency
`
`Monster Worldwide, Inc. Exhibit 1018 (p.5/13)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.5/13)
`
`

`

`Application/Control Number: 10/101,644
`
`Page 5
`
`Art Unit: 3623
`
`diploma amount” are similar type of features a company would pay for a candidate for the
`
`motivation of attracting more qualified candidates.
`
`As per claim 11, claim 11 recites is a computer system, for coordinating information
`
`exchange between at least one candidate in a plurality of talent-contributors and at least one
`
`employer in a plurality of employers prior to any direct contact between said candidate and said
`
`employer, corresponding to method claim 1, and is rejected under 35 U.S.C 103 for the same
`
`reason set forth in claim 1.
`
`As per claim 14, claim 14 recites a distributed network for facilitating interviews between
`
`at least one candidate in a plurality of talent-contributors and at least one employer in a plurality
`
`of employers, said candidate having candidate attributes including candidate requirements and
`
`said employer having requirements, corresponding to method claim 1, and is rejected under 35
`
`U.S.C 103 for the same reason set forth in claim 1.
`
`As per claim 15, the limitation of receiving payment from said employer for providing
`
`contact information for said candidate, has already been addressed in the rejection of claim 1.
`
`Note rejection of claim 1 above.
`
`As per claim 198, claim 198 recites a method executed by a computer processor in a
`
`network computing environment for authorizing information exchange between at least one
`
`candidate of a plurality of talent-contributors and at least one of a plurality of employers prior to
`
`any direct contact between said candidate and said employer, said Candidate having one or more
`
`candidate attributes including candidate requirements, and said employer having employer
`
`requirements, said candidate having one or more contact information items, corresponding to
`
`method claim 1, and is rejected under 35 U.S.C 103 for the same reason set forth in claim 1.
`
`Monster Worldwide, Inc. Exhibit 1018 (p.6/13)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.6/13)
`
`

`

`Application/Control Number: 10/101,644
`
`Page 6
`
`Art Unit: 3623
`
`As per claim 199, claim 199 recites a method executed in a computing environment, for
`
`authorizing information exchange between at least one candidate of a plurality of talent-
`
`contributors and at least one of a plurality of employers prior to any direct contact between said
`
`candidate and said employer, said candidate having one or more candidate attributes including
`
`candidate requirements, and said employer having employer requirements, corresponding to
`
`method claim 1, and is rejected under 35 U.S.C 103 for the same reason set forth in claim 1.
`
`As per claim 205, the combination of Walker and Pineda fails to explicitly disclose if it is
`
`determined that either said employer or said candidate was previously requested to provide a
`
`response to a request for release of contact information and no response wad received, then such
`
`non-responding employer or candidate is precluded from further interaction with the system until
`
`said response is provided. It would have been obvious to a person of ordinary skill in the art to
`
`incorporate this feature into the disclosures of Walker and Pineda with the motivation to prevent
`
`an unauthorized candidate or employer from using the system.
`
`As per claim 206, claim 206 recites a method utilized in a computer processor for
`
`authorizing information exchange between at least one candidate of a plurality of talent-
`
`contributors and at least one of a plurality of employers prior to any direct contact between said
`
`candidate and said employer, said candidate having one or more candidate attributes including
`
`candidate requirements, and said employer having employer requirements, corresponding to
`
`method claim 1, and is rejected under 35 U.S.C 103 for the same reason set forth in claim 1.
`
`Monster Worldwide, Inc. Exhibit 1018 (p.7/13)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.7/13)
`
`

`

`Application/Control Number: 10/101,644
`
`Page 7
`
`Art Unit: 3623
`
`Conclusion
`
`7.
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure.
`
`a.
`
`Hoskins (US Patent No. 6,108,662) discloses managing an enterprise of resources.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Romain Jeanty whose telephone number is (571) 272—6732. The
`
`examiner can normally be reached on Mon-Thurs 7:30AM - 6:00PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Tariq R. Hafiz can be reached on (571) 272-6729. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspt0. gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`October 17, 2005
`
`\_
`
`
`a,
`
`Primary Examin
`Art Unit 3623
`
`Monster Worldwide, Inc. Exhibit 1018 (p.8/13)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.8/13)
`
`

`

`Notice of References Cited
`
`Application/Control No.
`
`10/101544
`Examiner
`Romain Jeanty
`US. PATENT DOCUMENTS
`
`Applicant(s)/Patent Under
`Reexamination
`VIANELLO, MARC
`Art Unit
`3623
`
`Page 1 °f 1
`
`
`
`Document Number
`
`Date
`
`,
`
`.
`
`MM-vvvv“—
`I
`-— 08-2000
`Hoskins etal.
`707/102
`
`
`
`
`
`'
`
`Document Number
`Country Code-Number—Kind Code
`
`Date
`MM~YYYY
`
`Country
`
`Name
`
`.
`.
`Classrfication
`
`FOREIGN PATENT DOCUMENTS
`
`'A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`U.S. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`.
`Part of Paper No. 101705
`
`
`
`Monster Worldwide, Inc. Exhibit 1018 (p.9/13)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.9/13)
`
`

`

`Index of Claims
`
`Application/Control No.
`
`Applicant(s)lPatent under
`Reexamination
`
`10/101,644
`
`VIANELLO, MARC
`
`Romain Jeant
`
`3623
`
`.
`
`Rejected
`
`I
`
`(Through numeral)
`
`Cancelled
`
`Non-Elected
`
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`
`US. Patent and Trademark Office
`
`Part of Paper No. 101705
`
`Monster Worldwide, Inc. Exhibit 1018 (p.10/13)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.10/13)
`
`

`

`Index of Claims (continued)
`
`Application/Control No.
`
`Applicant(s)/Patent under
`Reexamination
`
`10/101 ,644
`
`VIANELLO, MARC
`
`(Through numeral)
`Cancelled
`
`H
`
`Restricted
`
`I Non-Elected
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`
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`
`US. Patent and Trademark Office
`
`Part of Paper No. 101705
`
`Monster Worldwide, Inc. Exhibit 1018 (p.11/13)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.11/13)
`
`

`

`‘
`
`‘
`
`../
`
`Page 1 ofl
`
`
`
`UNITED Sums PATENT AND TRADEMARK CFFICE
`COMMISSIONER FOR PATENTS
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Msnmmn. DC 20231
`wwnqatagov
`
`IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
`Bib Data Sheet
`
`CONFIRMATION NO. 8626
`
`SERIAL NUMBER
`10/101.644
`
`- PPLICANTS
`
`FILING DATE
`03/19/2002
`RULE
`
`GR°UP ART ”N”
`
`A1TORNEY
`DOCKET no.
`15703.10002
`
`Marc Vianello, Overland Park
`;
`" CONTINUING DATA 11mm"... man
`
`' FOREIGN APPLICATIONS ' “9“"
`
`""
`
`IF REQUIRED, FOREIGN FILING LICENSE GRANTED
`
`'40 Cor- ore-4‘6
`'1on 1 demo-«1b
`
`
`
`FILING FEE FEES: Authority has been given in Paper
`RECEIVED No.
`to charge/credit DEPOSIT ACCOUNT
`.
`f
`f II
`'
`:
`'—_-‘ or o owmg
`
`D 1.17 Fees ( Processmg Ext of
`time)
`D 1.18 Fees(lssue)
`
`D All Fees
`
`0 1.16 Fees ( Filing)
`
`D Credit
`
`hib-
`
`Monster Worldwide, Inc. Exhibit 1018 (p.12/13)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.12/13)
`
`

`

`searCh ”ates
`
`Application/Control No.
`
`10/101,644
`Examiner
`
`Applicant(s)lPatent under
`Reexamination
`
`VIANELLO. MARC
`Art Unit
`
`Romain Jeant
`
`3623
`
`SEARCHED
`
`Class
`
`SEARCH NOTES
`(INCLUDING SEARCH STRATEGY)
`
`1, 9. 11
`
`10/16/2005
`
`RJ
`
`Dialog
`
`10/16/2005
`
`RJ
`
`Subclass “ Examiner
`
`INTERFERENCE SEARCHED
`
`Class
`
`U.S. Patent and Trademark Office
`
`Part of Paper No. 101705
`
`Monster Worldwide, Inc. Exhibit 1018 (p.13/13)
`
`Monster Worldwide, Inc. Exhibit 1018 (p.13/13)
`
`