PATENT
`15703 . 10002
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Application of: Marc Vianello
`
`Serial No.: 10/101,644
`
`Filed: March 19, 2002
`
`:
`
`:
`
`:
`
`Examiner: Romain Jeanty
`
`Group ArtUnit: 3623
`
`Attorney Docket No.: 15703.10002
`
`For: APPARATUS AND METHODS FOR
`
`Customer No.: 27128
`
`PROVIDING CAREER EMPLOYMENT :
`
`SERVICES
`
`:
`
`Confirmation No.: 8626
`
`AMENDED APPEAL BRIEF TO BOARD OF PATENT APPEALS AND
`-
`INTERFERENCES UNDER 37 C.F.R. SECTION 41.37
`
`Mail Stop Appeal Brief - Patents
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, VA 22313—1450
`
`Sir:
`
`Appellant submits the following Amended Appeal Brief to the Board of Patent Appeals
`
`and Interferences in response to the Notification of Non—Compliant Appeal Brief dated October
`
`18, 2007. In the Notification, the Brief was deemed defective because Appellant did not list
`
`claims 210-213, 215-220, 222, 224 and 225 as referenced by the Examiner in the Notification in
`
`the Claims Appendix. Appellant has now added all such claims to the Claims Appendix. It is
`
`respectfully submitted that Claims 210-213, 215-218, 222, 224 and 225 are merely objected to;
`
`Claim 219 has been allowed; and Claim 220 has been withdrawn. None of these claims are on
`
`appeal. The status of all of these claims is fully set forth in the Status of Claims section of
`
`Appellant’s Brief. Nevertheless, pursuant to the Examiner’s request, these claims are now listed
`
`in the Amended Claims Appendix.
`
`STLD01-1291666-2
`
`Monster Worldwide, Inc. Exhibit 1021 (p.1/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.1/73)
`
`

`

`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`TABLE OF CONTENTS
`
`. 1. The Real Party In Interest
`
`2. Related Appeals and Interferences
`
`3. Status of Claims
`
`4. Status of Amendments
`
`5. Summary of the Claimed Subject Matter
`
`6. Grounds of Rejection to be Reviewed on Appeal
`
`7. The Relevant Law
`
`8. Arguments
`
`9. Conclusions
`
`10. Appendix A -— Claims Appendix
`
`11. Appendix B - Evidence Appendix
`
`12. Appendix C —— Related Proceedings Appendix
`
`Page
`
`3
`
`4
`
`5
`
`6
`
`8
`
`21
`
`22
`
`27
`
`54
`
`56
`
`65
`
`66
`
`STLD01-1291666-2
`
`2
`
`Monster Worldwide, Inc. Exhibit 1021 (p.2/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.2/73)
`
`

`

`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`1.
`
`THE REAL PARTY IN INTEREST
`
`The real party in interest for the above referenced application is Mr. Marc Vianello, an
`
`individual, with an office at 6299 Nall Avenue, Suite 210, Mission, Kansas 66202. Mr. Vianello
`
`is the inventor and sole owner of the entire right, title and interest in and to the invention and the
`
`pending patent application.
`
`STLD01-1291666-2
`
`3
`
`Monster Worldwide, Inc. Exhibit 1021 (p.3/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.3/73)
`
`

`

`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`2.
`
`RELATED APPEALS AND INTERFERENCES
`
`There are no other appeals or interferences known to Applicant (Appellant) or
`
`Applicant’s (Appellant’s) Legal Representative which will directly affect, or be directly affected
`
`by, or have a bearing on, the Board of Patent Appeals and Interferences' decision in the pending
`
`Appeal.
`
`STLDOl-1291666-2
`
`4
`
`Monster Worldwide, Inc. Exhibit 1021 (p.4/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.4/73)
`
`

`

`Application of: Marc Vianello
`Serial No.: 10/ 101,644
`Appeal Brief
`
`3.
`
`STATUS OF CLAIMS
`
`Claims 5, 6, 10, 14, 17, 200, 204, 205, 208—219 and 221-225 are currently pending in the
`
`application. Claims 1—4, 18-197 and 220 have been withdrawn. Claim 219 has been allowed.
`
`Claims 205, 210-213, 215-218, 222, 224 and 225 are merely objected to. Claims 7-9, 11-13, 15—
`
`16, 198-199, 201-203 and 206—207 were cancelled.
`
`Claims 5, 6, 10, 14, 17, 200, 204, 205, 208, 209, 214, 221 and 223 stand rejected and are
`
`the subject of this appeal.
`
`Claim 205 is both merely objected to and rejected.
`
`For the record, depending upon the outcome of this Appeal, Applicant hereby reserves
`
`his right to accept allowed Claim 219 and to rewrite any one or more of objected claims 205,
`
`210—213, 215-218, 222, 224 and 225 so as to include all of the limitations of any base claim and
`
`any intervening claims, thereby putting such objected claims in allowable form. Applicant also
`
`reserves his right to file additional divisional applications to continue the prosecution of all
`
`withdrawn claims.
`
`STLD01-1291666-2
`
`5
`
`Monster Worldwide, Inc. Exhibit 1021 (p.5/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.5/73)
`
`

`

`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`4.
`
`STATUS OF AMENDMENTS
`
`In the current application, an initial Final Rejection was mailed on May 19, 2004. On
`
`V August 23, 2004 Applicant's submitted an Amendment along with a Notice of Appeal. On
`
`October 12, 2004 an Advisory Action was issued and the previously filed Amendment was not
`
`entered into the record. In response to the Advisory Action a Request for Continued
`
`Examination was submitted on October 19, 2004. On January 12, 2005 a non-final office action
`
`was mailed. An Amendment in response to the non-final office action was filed on April 4,
`
`2005.
`
`A second Final Rejection was mailed July 14, 2005. On September 2, 2005, Applicant's
`
`filed a Request for Continued Examination along with an Amendment. On November 10, 2005 a
`
`non-final office action was mailed. A response to this office action was filed on January 23,
`
`2006. A Supplemental Amendment was filed on April 20, 2006. On August 1, 2006 a
`
`restriction requirement was issued by the Examiner. A response to the restriction requirement
`
`and an election of claims was filed August 22, 2006.
`
`On November 8, 2006 a Third Final Rejection was mailed. In response to this Final
`
`Rejection a Notice of Appeal was filed by Applicants. No further amendments were filed and all
`
`of the above referenced amendments were entered into the record.
`
`For the record, depending upon the outcome of this Appeal, Applicant hereby reserves
`
`his right to accept allowed Claim 219 and to rewrite any one or more of objected claims 205,
`
`210—213, 215—218, 222, 224 and 225 so as to include all of the limitations of any base claim and
`
`STLD01-1291666-2
`
`6
`
`Monster Worldwide, Inc. Exhibit 1021 (p.6/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.6/73)
`
`

`

`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`any intervening claims, thereby putting such objected claims in allowable form. Applicant also
`
`reserves his right to file additional divisional applications to continue the prosecution of all
`
`withdrawn claims.
`
`
`
`STLD01-1291666-2
`
`7
`
`Monster Worldwide, Inc. Exhibit 1021 (p.7/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.7/73)
`
`

`

`
`
`Application of: Marc Vianello
`Serial No.: 10/ 101,644
`Appeal Brief
`
`5.
`
`SUMMARY OF THE CLAIMED SUBJECT MATTER
`
`There are five (5) independent claims involved in this appeal, namely, Claims 5, 14, 209,
`
`214 and 221. Independent Claim 219 has been allowed and is not part of this Appeal. Support
`
`for the independent claims on appeal is set forth below by reference to the specification by page
`
`and line number, and by reference to the appropriate drawings by reference characters.
`
`Dependent Claim 205 is both rejected and merely objected to in the Final Office Action.
`
`Although Applicant believes that Claim 205 is merely objected to and would be allowable if
`
`rewritten in independent form, to preserve Applicant’s rights with respect to Claim 205,
`
`Applicant is also appealing Claim 205 if such claim is rejected under 35 U.S.C. §103(a).
`
`The present invention is directed to systems, methods, distributed networks and
`
`computer—readable media which are provided to both candidates and employers for employment
`
`services. In one embodiment, a career web site is provided wherein users wishing to search jobs
`
`or candidate profiles do not have to register to gain access to a subset of features on the site.
`
`Background information associated with a candidate’s capabilities and attributes is received from
`
`a candidate in a structured format. Job description information is received from employers in a
`
`structured format. Prospective matches are identified between employers and candidates, and
`
`employers and candidates are given an opportunity to mutually consent to the exchange of
`
`candidate contact information. This exchange of information takes place before any direct
`contact between a particular candidate and a particular employer. After such mutual consent has
`
`been granted, a financial transaction is consummated wherein a user pays a fee to the career site
`
`operator. The fee is generated when a user elects to purchase contact information corresponding
`
`to a candidate profile. A participating user pays nothing until it identifies a candidate having an
`
`STLD01-1291666—2
`
`8
`
`Monster Worldwide, Inc. Exhibit 1021 (p.8/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.8/73)
`
`

`

`
`
`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`appropriate set of skills and experience, and the candidate has expressed an interest in the
`
`employer.
`
`Independent Claim 5 is directed to a method executed by a computer processor for
`
`authorizing information exchanged between at least one of a plurality of candidates and at least
`
`one of a plurality of employers prior to any direct contact between the candidate and the
`
`employer (Page 20, Line 20 to Page 21, Line 1; Page 21, Lines 9-13; Fig. 12, Ref. Nos. 1206,
`
`1208, 1209, 1210). The candidate will have one or more candidate attributes including candidate
`
`minimum requirements (Page 41, Line 22 to Page 42, Line 11; Page 55, Lines 2-5; Page 56,
`
`Lines 6-17; Fig. 2, Ref. No. 204; Fig. 3, Ref. Nos. 304, 306, 307), and the employer will have
`
`one or more employer attributes including employer minimum requirements (Page 71, Line 20 to
`Page 72, Line 21; Page 74, Lines 13—16; Fig. 8, Ref. Nos. 808, 823, 824, 825, 826). The one or
`
`more candidate attributes and minimum requirements are then stored in a candidate database
`
`which includes a searchable profile of the candidate (Page 22, Line 15 to Page 24, Line 19; Page
`
`27, Lines 1-3; Fig. 2, Ref. Nos. 213—224; Fig. 3, Ref. No. 309). In similar fashion, the one or
`
`more employer attributes and minimum requirements are stored in an employer database which
`
`includes a searchable employer profile (Page 17, Line 20 to Page 18, Line 5; Page 43, Lines 10-
`
`16; Page 71, Line 16 to Page 72, Line 21; Page 74, Lines 8-12; Fig. 8, Ref. No. 808). The
`
`present method includes receiving a search request from either a candidate or an employer to
`
`search the searchable profile of one of the candidate and employer databases for a possible
`
`employment opportunity based upon certain search parameters (Page 19, Lines 10-15; Page 28,
`
`Lines 1-2; Page 41, Lines 9—15; Page 42, Lines 12-19; Page 43, Lines 21-23; Page 49, Lines 15—
`
`20; Fig. 2, Ref. Nos. 206, 212). Once the search request is received, the search request is
`
`processed and results of the search request are provided to the requesting candidate or employer
`
`STLD01-129l666-2
`
`9
`
`Monster Worldwide, Inc. Exhibit 1021 (p.9/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.9/73)
`
`

`

`
`
`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`(Page 19, Line 5 to Page 20, Line 15; Page 75, Line 21 to Page 83, Line 13; Fig. 4, Ref. Nos.
`
`401, 409; Fig. 10, Ref. Nos. 1003, 1004, 1006, 1008, 1009, 1010). Once the search results are
`
`provided to either the requesting candidate or employer, the method further includes receiving at
`
`least one request for release of contact information from the requesting candidate or employer
`
`based upon the search results (Page 62, Lines 10—18; Page 83, Line 21 to Page 84, Line 4; Fig. 4,
`
`Ref. No. 414; Fig. 10, Ref. Nos. 1011, 1014). Once a request for release of contact information
`
`has been received, the method then determines whether the attributes of the requesting candidate
`
`or employer satisfy the minimum requirements of the non-requesting party (Page 19, Line 16 to
`
`Page 20, Line 15; Page 62, Lines 19—23; Page. 63, Lines 1-18; Fig. 4, Ref. No. 417; Fig. 10, Ref.
`
`No. 1017; Fig. 7A, Ref. Nos. 702, 706; Fig. 7B, Ref. Nos. 752, 756). Once the minimum
`
`requirements are determined, the method must receive a response from the non—requesting
`
`candidate or employer consenting to the release of contact information to the requesting party
`
`(Page 20, Line 16 to Page 21, Line 20; Page 75, Lines 1-7; Page 84, Lines 1—3; Page 88, Line 20
`
`to Page 90, Line 11; Fig. 11, Ref. Nos. 1103, 1105, 1108; Fig. 12, Ref. Nos; 1201, 1206). Once
`
`a positive response for the release of contact information has been received, the method then
`
`obligates a payment due in real time based on the response to the request for release of contact
`
`information wherein the payment due is a fee to a carrier site operator (Page 16, Line 16 to Page
`
`17, Line 11; Page 90, Lines 14—19; Fig. 12, Ref. Nos. 1210, 1211, 1212, 1213). Once payment is
`
`obligated, the contact information is provided to the requesting party in real time prior to any
`
`direct contact between the candidate and the employer (Page 90, Lines 14-21; Fig. 12, Ref. No.
`
`1210).
`
`Independent Claim 14 is directed to a distributed network for facilitating the exchange of
`
`contact information between at least one of a plurality of candidates and at least one of a
`
`* STLD01-1291666-2
`
`10
`
`Monster Worldwide, Inc. Exhibit 1021 (p.10/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.10/73)
`
`

`

`
`
`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`plurality of employers (Page 20, Line 20 to Page 21, Line 1; Page 21, Lines 9—13; Fig. 12, Ref.
`
`Nos. 1206, 1208, 1209, 1210), the candidate having one or more candidate attributes including
`
`candidate minimum requirements (Page 41, Line 22 to Page 42, Line 11; Page 55, Lines 2—5;
`
`Page 56, Lines 6-17; Fig. 2, Ref. No. 204; Fig. 3, Ref. Nos. 304, 306, 307), and the employer
`
`having one or more employer attributes including employer minimum requirements (Page 71,
`
`Line 20 to Page 72, Line 21; Page 74, Lines 13—16; Fig. 8, Ref. Nos. 808, 823, 824, 825, 826).
`
`The distributed network further includes means for managing enterprise data resources. This
`
`means is identified in the specification at Page 24, Line 20 to Page 25, Line 19; Page 33, Lines 3-
`
`9; Page 100, Lines 1—8; Fig. 2, Ref. Nos. 213-224; Fig. 3, Ref. No. 309. The distributed network
`
`further includes means for storing the candidate attributes and requirements in the candidate
`
`database and means for providing at least a portion of the candidate database to be searched by
`
`the candidate and employer. This means is identified in the specification at Page 35, Lines 7-15;
`
`Page 36, Line 21 to Page 37, Line 5; Page 41, Line 22 to Page 42, Line 11; Page 44, Line 13 to
`
`Page 45, Line 12; Page 46, Lines 5—23; Page 48, Lines 19-24; Page 100, Lines 1-8; Fig. 2, Ref.
`
`Nos. 204, 205, 213-224; Fig. 3, Ref. No. 309. The distributed network further includes means
`
`for storing the employer attributes and requirements in an employer database and means for
`
`providing at least a portion of the employer database to be searched by the candidate and
`
`employer. This means is identified in the specification at Page 40, Lines 9—21; Page 43, Lines
`
`10-16; Page 44, Line 13 to Page 45, Line 12; Page 46, Lines 5-23; Page 48, Lines 19-24; Page
`
`49, Lines 3-12; Page 100, Lines 1-8; Fig. 2, Ref. Nos. 210, 211, 213-224; Fig. 3, Ref. No. 309.
`
`The distributed network further includes means for receiving a search request from either the
`
`candidate or the employer to search the searchable portion of one of the candidate and employer
`
`databases for a possible employment opportunity based upon certain search parameters. This
`
`STLD01-1291666-2
`
`1 1
`
`Monster Worldwide, Inc. Exhibit 1021 (p.11/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.11/73)
`
`

`

`
`
`Application of: Marc Vianello
`Serial No.: 10/ 101,644
`Appeal Brief
`
`means is programmable software and is identified in Fig. 2, Ref. Nos. 206, 212; Fig. 3, Ref. No.
`
`303. The distributed network further includes means for processing the search request and
`
`providing the results thereof to the requesting one of the candidate and employer. This means is
`
`programmable software and is identified in Fig. 4, Ref. Nos. 401, 409; Fig. 8, Ref. No. 803; Fig.
`
`10, Ref. Nos. 1003, 1004, 1006, 1008, 1009, 1010. The distributed network further includes
`
`means for receiving a request for release of contact information from the requesting one of the
`
`candidate and employer based upon the search results. This means is programmable software
`
`and is identified in Fig. 11, Ref. Nos. 1101, 1103; Fig. 12, Ref. No. 1206. The distributed
`
`network further includes means for determining that the attributes of the requesting one of the
`
`candidate and the employer satisfy the minimum requirements of the non-requesting candidate or
`
`employer. This means is programmable software and is identified in Fig. 4, Ref. No. 417; Fig.
`
`10, Ref. No. 1017. The distributed network further includes means for determining that there is
`
`mutual consent for the release of contact information regarding the candidate. This means is
`
`programmable software and is identified in Fig. 11, Ref. No. 1108; Fig. 12, Ref. No. 1208. The
`
`distributed network further includes means for computing a payment fee to the career site
`
`operator in real time based on the mutual consent for the release of contact information. This
`
`means is identified in the specification at Page 16, Line 22 to Page 17, Line 11; Fig. 12, Ref. No.
`
`1211. The distributed network further includes means for obligating the payment fee in real time
`
`to the career site operator. The means is identified in the specification at Page 90, Lines 14-19;
`
`Fig. 12, Ref. No. 1211. The distributed network further includes means for collecting the
`
`payment fee in real time. This means is identified in the specification at Page 91, Lines 1—9; Fig.
`
`12, Ref. No. 1212. The distributed network further includes means for providing the exchange
`
`of contact information in real time prior to any direct contact between the candidate and the
`
`STLD01—1291666—2
`
`12
`
`Monster Worldwide, Inc. Exhibit1021 (p.12/73)
`
`,
`
`Monster Worldwide, Inc. Exhibit 1021 (p.12/73)
`
`

`

`
`
`Application of: Marc Vianello
`Serial No.: 10/ 101,644
`Appeal Brief
`
`employer. This means is identified in the specification at Page 22, Lines 6-8; Fig. 12, Ref. No.
`
`1213.
`
`Dependent Claim 17 is dependent directly upon independent claim 14 and further defines
`
`the means for determining that there is mutual consent. More specifically, claim 17 further
`
`requires that the means for determining that there is mutual consent include means for receiving
`
`a response to the request for release of contact information from the non—requesting one of the
`
`candidate and the employer. This means is again programmable software and is identified in
`
`Fig. 2, Ref. Nos. 325, 326; Fig. 8, Ref. Nos. 831, 832; Fig. 11, Ref. Nos. 1101, 1103, 1105,
`
`1108; Fig. 12, Ref. Nos. 1201, 1206, 1208.
`
`Dependent Claim 205 is both merely objected to (See, Final Office Action, Page 7,
`
`Paragraph 7) and rejected under 35 U.S.C. §103(a)) (§e_e_, Final Office Action, Page 7, first full
`
`paragraph). Dependent Claim 205 is dependent directly upon Claim 5 and adds additional
`
`method steps to the method of Claim 5. More particularly, dependent Claim 205 requires a
`
`determination to be made before processing the search request as to whether the requesting one
`
`of the candidate and employer was previously requested to provide a response to a request for
`
`release of contact information and, if it is determined that either the employer or the candidate
`
`was previously requested to provide a response to a request for releaSe of contact information
`
`and no response was received, then precluding the non—responding employer or candidate from
`
`further interaction with the system until a response is provided (Page 56, Line 20 to Page 57,
`Line 3; Fig. 3, Ref. Nos. 336, 337; Page 74, Lines 13—20; Fig. 8, Ref. Nos. 831, 832).
`Dependent Claim 208 is dependent directly upon claim 5 and adds additional method
`
`steps to the method of Claim 5. More particularly, dependent claim 208 requires that if the
`
`attributes of the requesting one of the candidate and employer do not satisfy the minimum
`
`STLDOlu1291666-2
`
`13
`
`Monster Worldwide, Inc. Exhibit 1021 (p.13/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.13/73)
`
`

`

`
`
`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`requirements of the non-requesting candidate or employer, then the present method will
`
`communicate to the requesting one of the candidate and employer that at least one attribute of the
`
`requesting party does not satisfy the minimum requirements of the non-requesting party (Page
`
`19, Line 10 to Page 20, Line 15; Page 84, Line 16 to Page 85, Line 8; Fig. 4, Ref. Nos. 417, 418,
`419‘; Fig. 10, Ref. Nos. 1017, 1018, 1019). The method further includes offering the opportunity
`
`to the requesting one of the candidate and employer to change its at least one non-satisfying
`
`attribute so as to satisfy the minimum requirements of the non—requesting party (Page 19, Line 10
`
`to Page 20, Line 15; Page 84, Line 16 to Page 85, Line 8; Fig. 4, Ref. Nos. 417, 418, 419; Fig.
`
`10, Ref. Nos. 1017, 1018, 1019). Still further, in accordance with the method of claim 208, if the
`
`requesting one of the candidate and employer changes its at least one non-satisfying attribute so
`
`as to satisfy the minimum requirements of the non-requesting party, then the present method then
`
`waits to receive a response from the non-requesting candidate or employer consenting to the
`
`release of the contact information of the candidate to the employer (Page 19, Line 10 to Page 20,
`
`Line 15; Page 84, Line 16 to Page 85, Line 8; Fig. 4, Ref. Nos. 417, 418, 419; Fig. 10, Ref. Nos.
`
`1017,1018,1019).
`
`Independent Claim 209 is directed to a method for operating a computer system for
`
`authorizing information exchange between at least one of a plurality of candidates in at least one
`
`of a plurality of employers prior to any direct contact between the candidate and the employer
`
`(Page 20, Line 20 to Page 21, Line 1; Page 21, Lines 9-13; Fig. 12, Ref. Nos. 1206, 1208, 1209,
`
`1210). The candidate will have one or more attributes including candidate minimum
`
`requirements (Page 41, Line 22 to Page 42, Line 11; Page 55, Lines 2-5; Page 56, Lines 6—17;
`
`Fig. 2, Ref. No. 204; Fig. 3, Ref. Nos. 304, 306, 307), and the employer will have one or more
`
`attributes including employer minimum requirements (Page 71, Line 20 to Page 72, Line 21;
`
`STLD01-1291666-2
`
`14
`
`Monster Worldwide, Inc. Exhibit 1021 (p.14/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.14/73)
`
`

`

`
`
`Application of: Marc Vianello
`Serial No.2 10/101,644
`Appeal Brief
`
`Page 74, Lines 13—16; Fig. 8, Ref. Nos. 808, 823, 824, 825, 826). The present method includes
`
`storing the candidate attributes and requirements in a candidate database (Page 22, Line 15 to
`
`Page 24, Line 19; Page 27, Lines 1—3; Fig. 2, Ref. Nos. 213-224; Fig. 3, Ref. No. 309); storing
`
`the employer attributes and requirements in an employer database (Page 17, Line 20 to Page 18,
`
`Line 5; Page 43, Lines 10—16; Page 71, Line 16 to Page 72, Line 21; Page 74, Lines 8-12; Fig. 8,
`
`Ref. No. 808); and establishing a portion of the employer database to be searchable by the
`
`candidate (Page 41, Lines 16-19; Page 42, Lines 9-11; Page 53, Line 11 to Page 54, Line 6; Page
`
`70, Lines 4—23; Page 72, Lines 18-20;.Page 74, Lines 8-12; Fig. 2, Ref. Nos. 210, 212; Fig. 8,
`
`Ref. Nos. 808, 823, 824, 825, 826). The present method further includes receiving a search
`
`request from a candidate to search the searchable portion of the employer database for a possible
`
`employment opportunity based upon certain search parameters (Page 19, Lines 10—15; Page 28,
`
`Lines 1—2; Page 41, Lines 9-15; Page 42, Lines 12—19; Page 43, Lines 21—23; Page 49, Lines 15—
`
`20; Fig. 2, Ref. Nos. 206, 212). Once the search request is received, the method processes the
`
`search request and provides the results to the requesting candidate (Page 19, Line 5 to Page 20,
`
`Line 15; Page 75, Line 21 to Page 83, Line 13; Fig. 4, Ref. Nos. 401, 409; Fig. 10, Ref. Nos.
`
`1003, 1004, 1006, 1008, 1009, 1010). The method then waits to receive a request from the
`
`candidate to submit the candidate’s contact information to at least one employer based upon the
`
`search results (Page 62, Lines 10—18; Page 83, Line 21 to Page 84, Line 4; Fig. 4, Ref. No. 414;
`
`Fig. 10, Ref. Nos. 1011, 1014). When this request is received, the present method determines
`
`whether the attributes of the candidate satisfy the minimum requirements of the at least one
`
`employer (Page 19, Line 16 to Page 20, Line 15 ; Page 62, Lines 19—23; Page 63, Lines 1—18; Fig.
`
`4, Ref. No. 417; Fig. 10, Ref. No. 1017; Fig. 7A, Ref. Nos. 702, 706; Fig. 7B, Ref. Nos. 752,
`
`756).
`
`If the minimum requirements are met, the method then waits to receive a response fiom
`
`STLD01-1291666-2
`
`15
`
`Monster Worldwide, Inc. Exhibit 1021 (p.15/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.15/73)
`
`

`

`
`
`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`the at least one employer that it desires to receive the contact information of the candidate (Page
`
`20, Line 16 to Page 21, Line 20; Page 75, Lines 1-7; Page 84, Lines 1-3; Page 88, Line 20 to
`
`Page 90, Line 11; Fig. 11, Ref. Nos. 1103, 1105, 1108; Fig. 12, Ref. Nos. 1201, 1206). For each
`
`specific response received from the employer acknowledging or consenting to the receipt of
`
`contact information of the candidate, the present method obligates a payment due in real time to
`
`the employer based upon the employer’s consent to receive the contact information of the
`
`candidate wherein the payment due is a fee to a career site operator (Page 16, Line 16 to Page 17,
`
`Line 11; Page 90, Lines 14-19; Fig. 12, Ref. Nos. 1210, 1211, 1212, 1213), and thereafter the
`
`method provides the exchange of contact information in real time between the candidate and the
`
`at least one employer (Page 90, Lines 14—21; Fig. 12, Ref. No. 1210).
`
`Independent Claim 214 is directed to a method for operating a computer system for
`
`authorizing information exchange between at least one of a plurality of candidates and at least
`
`one of a plurality of employers prior to any direct contact between the candidate and the
`
`employer (Page 20, Line 20 to Page 21, Line 1; Page 21, Lines 9—13; Fig. 12, Ref. Nos. 1206,
`
`1208, 1209, 1210). The candidate will likewise have one or more candidate attributes, including
`
`candidate minimum requirements (Page 41, Line 22 to Page 42, Line 11; Page 55, Lines 2—5;
`
`Page 56, Lines 6—17; Fig. 2, Ref. No. 204; Fig. 3, Ref. Nos. 304, 306, 307), and the employer
`
`will likewise have one or more employer attributes, including employer minimum requirements
`
`(Page 71, Line 20 to Page 72, Line 21; Page 74, Lines 13—16; Fig. 8, Ref. Nos. 808, 823, 824,
`
`825, 826). This method includes storing the candidate attributes and requirements in a candidate
`
`database (Page 22, Line 15 to Page 24, Line 19; Page 27, Lines 13; Fig. 2, Ref. Nos. 213-224;
`
`Fig. 3, Ref. No. 309); storing the employer attributes and requirements in an employer database
`
`(Page 17, Line 20 to Page 18, Line 5; Page 43, Lines 10—16; Page 71, Line 16 to Page 72, Line
`
`STLD01-1291666—2
`
`16
`
`Monster Worldwide, Inc. Exhibit 1021 (p.16/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.16/73)
`
`

`

`
`
`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`21; Page 74, Lines 8-12; Fig. 8, Ref. No. 808); and establishing a portion of the candidate
`
`database to be searchable by the employer (Page 18, Lines 15-21; Page 22, Lines 20—23; Page 42,
`
`Lines 9-11; Page 55, Lines 21—23; Page 56, Lines 15—17; Fig. 2, Ref. Nos. 213—224; Fig. 3, Ref.
`
`No. 309). The present method further includes receiving a search request from an employer to
`
`search the searchable portion of the candidate database for a possible employment opportunity
`
`based upon certain search parameters (Page 19, Lines 10-15; Page 28, Lines 1-2; Page 41, Lines
`
`9—15; Page 42, Lines 12—19; Page 43, Lines 21—23; Page 49, Lines 15—20; Fig. 2, Ref. Nos. 206,
`
`212). Once the search request is received, the method processes the search request and provides
`
`the search results to the requesting employer (Page 19, Line 5 to Page 20, Line 15; Page 75, Line
`
`21 to Page 83, Line 13; Fig. 4, Ref. Nos. 401, 409; Fig. 10, Ref. Nos. 1003, 1004, 1006, 1008,
`
`1009, 1010). The method then waits to receive a request from the employer for release of
`
`contact information of at least one candidate based upon the search results (Page 62, Lines 10-
`
`18; Page 83, Line 21 to Page 84, Line 4; Fig. 4, Ref. No. 414; Fig. 10, Ref. Nos. 1011, 1014).
`
`When this request is received, the present method determines whether the attributes of the
`employer satisfy the minimum requirements ofthe at least one candidate (Page 19, Line 16 to
`
`Page 20, Line 15; Page 62, Lines 19—23; Page 63, Lines 1—18; Fig. 4, Ref. No. 417; Fig. 10, Ref.
`
`No. 1017; Fig. 7A, Ref. Nos. 702, 706; Fig. 7B, Ref. Nos. 752, 756). If the minimum
`
`requirements are met, the method then waits to receive a response from the at least one candidate
`
`that the candidate desires to release the contact information to the employer (Page 20, Line 16 to
`
`Page 21, Line 20; Page 75, Lines 1-7; Page 84, Lines 1—3; Page 88, Line 20 to Page 90, Line 11;
`
`Fig. 11, Ref. Nos. 1103, 1105, 1108; Fig. 12, Ref. Nos. 1201, 1206). For each specific response
`
`received from the candidate acknowledging or consenting to the release of contact information,
`
`the present method obligates a payment due from the employer in real time based on the at least
`
`STLD01-1291666-2
`
`17
`
`Monster Worldwide, Inc. Exhibit 1021 (p.17/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.17/73)
`
`

`

`
`
`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`one candidate’s consent for release of contact information wherein the payment due is a fee to a
`
`career site operator (Page 16, Line 16 to Page 17, Line 11; Page 90, Lines 14-19; Fig. 12, Ref.
`Nos. 1210, 1211, 1212, 1213). Once payment is obligated, the present method then provides the
`
`exchange of contact information in real time between the at least one candidate and the employer
`
`(Page 90, Lines 14—21; Fig. 12, Ref. No. 1210).
`Independent Claim 221 is directed to a computer system (Page 14, Lines 9-20; Fig. 1,
`
`Ref. Nos. 110, 120, 140) for coordinating information exchange between at least one of a
`
`plurality of candidates and at least one of a plurality of employers prior to any direct contact
`
`between a candidate and an employer (Page 20, Line 20 to Page 21, Line 1; Page 21, Lines 9-13;
`
`Fig. 12, Ref. Nos. 1206, 1208, 1209, 1210). The candidate will have one or more candidate
`
`attributes, including candidate minimum requirements (Page 41, Line 22 to Page 42, Line 11;
`
`Page 55, Lines 2—5; Page 56, Lines 6—17; Fig. 2, Ref. No. 204; Fig. 3, Ref. Nos. 304, 306, 307),
`
`and the employer will have one or more employer attributes, including employer minimum
`
`requirements (Page 71, Line 20 to Page 72, Line 21; Page 74, Lines 13-16; Fig. 8, Ref. Nos. 808,
`
`823, 824, 825, 826). The computer system includes a processor (Page 14, Lines 9-20; Fig. 1,
`
`Ref. Nos. 110, 140); memory connected to the processor (Page 16, Lines 7-10; Fig. 1, Ref. Nos.
`
`110, 140); at least one program (Figs. 3—14) for controlling the operation of the processor (Page
`
`14, Line 9 to Page 15, Lines 2: fig. 1, Ref. Nos. 110,140); and an interface operable to
`
`communicate with the candidate and the employer (Page 14, Line 9 to Page 15, Line 23: Fig. 1,
`
`Ref. Nos. 110, 120). The processor is operable with the memory and with the at least one
`
`program (Page 14, Line 9 to Page 16, Line 10; Fig. 1, Ref. Nos. 110, 120, 140) to store the
`
`candidate attributes and requirements in a candidate database (Page 22, Line 15 to Page 24, Line
`
`19; Page 27, Lines 1-3; Fig. 2, Ref. Nos. 213-224; Fig. 3, Ref. No. 309); to store the employer
`
`STLD01-1291666-2
`
`18
`
`Monster Worldwide, Inc. Exhibit 1021 (p.18/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.18/73)
`
`

`

`
`
`Application of: Marc Vianello
`Serial No.: 10/101,644
`
`Appeal Brief
`
`attributes and requirements in an employer database (Page 17, Line 20 to Page 18, Line 5; Page
`
`43, Lines 10—16; Page 71, Line 16 to Page 72, Line 21; Page 74, Lines 8—12; Fig. 8, Ref. No.
`
`808); to establish a searchable portion of both the candidate and employer databases (Page 18,
`
`Lines 15-21; Page 22, Lines 20-23; Page 41, Lines 16-19; Page 42, Lines 9—11; Page 53, Line 11
`
`to Page 54, Line 6; Page 55, Lines 21-23; Page 56, Lines 15—17; Page 70, Lines 4—23; Page 72,
`
`Line 18-20; Page 74, Lines 8—12); and to receive search requests from either the ca