Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 1 of 50
`
`111111111111111111111111111111111111111111111111111111111111111111111111111
`US008374901B2
`
`(12) United States Patent
`Vianello
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 8,374,901 B2
`Feb. 12,2013
`
`(54) CAREER AND EMPLOYMENT SERVICES
`SYSTEM AND APPARATUS
`
`(58) Field of Classification Search .................. 70517.14
`See application file for complete search history.
`
`(76)
`
`Inventor: Marc Vianello, Mission, KS (US)
`
`(56)
`
`References Cited
`
`( *) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.c. 154(b) by 0 days.
`
`(21) Appl. No.: 12/846,635
`
`(22) Filed:
`
`Jul. 29, 2010
`
`(65)
`
`Prior Publication Data
`
`US 201110231329 Al
`
`Sep. 22, 2011
`
`Related U.S. Application Data
`
`(62) Division of application No. 12/059,728, filed on Mar.
`31, 2008, which is a division of application No.
`10/101,644, filed on Mar. 19, 2002, now Pat. No.
`7,424,438.
`
`(51)
`
`Int. CI.
`(2006.01)
`G06F 9/46
`(52) U.S. CI. ...................................................... 70517.14
`
`U.S. PATENT DOCUMENTS
`6,385,620 Bl *
`111
`5/2002 Kurzius et al.
`7,725,525 B2 * 512010 Work ................ . .......... 709/202
`* cited by examiner
`
`Primary Examiner - Romain Jeanty
`(74) Attorney, Agent, or Firm -
`Center, LLC.; Arthur K. Shaffer
`
`Intellectual Property
`
`ABSTRACT
`(57)
`Systems, methods, distributed networks, and computer-read(cid:173)
`able media are provided that relate to recruiting and employ(cid:173)
`ment. Background information associated with talent-capa(cid:173)
`bility attributes is received from talent. Job description
`information is received from employers. Prospective matches
`are identified between employers and candidates, and
`employers and candidates are given an opportunity to
`exchange information.
`
`33 Claims, 21 Drawing Sheets
`
`11~O
`
`11 o I---------l
`
`120
`
`110
`
`E-MAIL
`SERVER
`142
`
`WEB
`SERVER
`150
`
`APPLICATION
`SERVER
`160
`
`DATABASE
`SERVER
`170
`
`140
`
`Exhibit C
`
`Petitioner Exhibit 1001 p.1
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 2 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 1 of21
`
`US 8,374,901 B2
`
`11~O
`
`11
`
`110
`
`E-MAIL
`SERVER
`142
`
`WEB
`SERVER
`150
`
`APPLICATION
`SERVER
`160
`
`DATABASE
`SERVER
`170
`
`140
`
`Fig. 1
`
`Petitioner Exhibit 1001 p.2
`
`

`
`Talent Creates
`Profile
`204
`
`Talent-Initiated Search
`Interface
`
`206
`
`Educational
`Institution
`Referrals
`
`201
`
`Professional
`Association
`Referrals
`202
`
`Other Sources
`of Talent
`Profiles
`
`203
`
`rJ)
`:r
`~
`....
`~
`-.
`
`N
`~
`
`N
`I-"
`
`- - - - -------
`
`Other Sources
`Yielding
`Employers
`208
`
`Fig.2
`
`Employer-Initiated
`Search Interface
`212
`
`Employer
`Creates an
`Account
`209
`
`Trade
`Association
`Referrals
`
`207
`
`d
`\J).
`QO
`~
`-l
`~
`~
`'""'"
`~
`N
`
`=
`
`(j
`•
`00
`•
`~
`~
`~
`~
`
`=
`
`~
`
`~
`~
`?'
`
`I-"
`~
`N
`<:>
`I-"
`~
`
`()
`~
`CD
`N
`I-"
`W
`I
`~ I
`0
`N
`~
`00
`0')
`I
`c....
`:E
`r
`I c....
`""0
`0
`
`0
`0 n
`c::
`3
`CD
`:::J
`
`-
`
`I-"
`I
`W
`
`I!
`CD
`c..
`0
`
`<.0 -
`
`I-"
`:::::!
`I-"
`w
`
`""0
`~
`CO
`CD
`W
`
`0 -
`
`tn
`0
`
`Petitioner Exhibit 1001 p.3
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 4 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 3 of2l
`
`US 8,374,901 B2
`
`Unauthenticated
`User Visits
`Career Site 301
`
`Unauthenticated
`User Visits
`Pages of Interest
`302
`
`Unauthenticated
`User May Conduct
`Searches
`
`303
`
`Interaction with Databases
`~Qg
`
`Talent Receives
`Welcome
`Message E-Mail
`
`305
`
`Talent
`Signs-In
`
`Corrplete
`or Edit Talent
`Profile
`306
`
`Yes
`
`Talent Profile
`
`322
`
`Fig. 4 or End Session
`I
`323 I
`
`Fig. 3
`
`Petitioner Exhibit 1001 p.4
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 5 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 4 of21
`
`US 8,374,901 B2
`
`From Fig. 3
`
`ACCess Career Site
`Databases (see Fig. 2)
`404
`
`Search Jobs Database
`
`Talent Finds Job
`Listing via Career
`Site
`Self-Search
`402
`
`Talent Finds Job
`Listing via Career ~f---,
`Site
`Auto-Search
`403
`
`Most
`Recent
`Search
`
`Save
`Self-Search
`Routine
`406
`
`\
`
`\
`
`Save
`Results?
`i11
`
`Yes
`
`No
`
`Search Results
`
`Talent Submits
`One or More
`Empoyment
`Inquiry
`
`414
`
`Yes ..
`
`Go to Fig. SA
`
`Save AutO-Search
`Routines
`
`408\
`\'---------'-
`
`Conduct
`Another
`
`No
`
`Session Ends
`421
`
`Send Talent "Not
`Qualified"
`Message
`418
`
`Various Talent
`and Employer
`Reports
`420
`
`416
`
`Fig. 4
`
`Petitioner Exhibit 1001 p.5
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 6 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 5 of21
`
`US 8,374,901 B2
`
`Go to Fig. 6A
`and Return
`
`Yes
`
`From Fig. 4
`
`FERI Job
`Selected?
`501
`
`No
`
`Work
`Authorization
`Required?
`503
`
`No
`
`Yes
`
`Go to Fig. 7A
`and Return
`
`Go to Other Regulated Jobs
`Routine and Return
`
`506
`
`-<t--Yes
`
`Other Regulated
`Job Selected?
`505
`
`Employer is
`"Inactive" Until
`Responds
`513
`
`Message to
`Employer
`
`Send "Request for
`Interview" to
`Employer
`50B
`
`Employer
`Updates Billing > - - - - - - - - - - -Ye s - - - - - '
`Info?
`5J4
`
`"Blind" Talent
`Profile
`
`Survey
`
`X Days
`
`I "Not Interest - No
`
`Reason Stated U I-----j-~ Session Ends
`Message
`~(')
`515
`
`f.
`
`"""'"
`
`Go to Fig. 12
`
`Fig. SA
`
`Petitioner Exhibit 1001 p.6
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 7 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 6 of21
`
`US 8,374,901 B2
`
`Go to Fig. 68
`and Return
`
`Yes
`
`From Fig. 10
`
`FERI Job
`Selected?
`551
`
`No
`
`Work
`Authorization
`
`yes-.
`
`0/
`
`Goto Fig. 78
`and Return
`
`''''.J
`
`No
`
`Go to Other Regulated Jobs
`Routine and Return
`
`556
`
`Yes
`
`Other Regulated
`Job Selected?
`555
`
`Y~-1 Go to Fig. 12
`
`No
`
`Is Employer
`Preferred?
`557
`
`No
`
`~
`
`Go to Fig. 11
`
`Fig. 58
`
`Petitioner Exhibit 1001 p.7
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 8 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 7 of21
`
`US 8,374,901 B2
`
`From Fig. 5A
`
`FERI Info in Talen
`Profile?
`
`Ask Talent to
`Complete FERI
`
`602
`
`No
`
`~>-----r---Ye5
`
`Emp!oyer Partion
`of Routine
`
`609
`
`Yes
`
`Talent Profile
`(FERI blind to
`others)
`608
`
`Yes
`
`No
`
`Various Employer
`Reports
`
`Return to Fig. 5A
`604
`
`Fig.6A
`
`Petitioner Exhibit 1001 p.8
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 9 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 8 of21
`
`US 8,374,901 B2
`
`From Fig. 58
`
`651 l
`
`Profile?
`
`Ask for FERI
`
`No
`
`~>_r-__ Yes
`
`Employer Portion
`of Routine
`
`659
`
`Yes
`
`Talent Profile
`(FERI blind tD
`others)
`
`658
`
`Yes
`
`No
`
`Various Employer
`Reports
`
`Return to Fig. 58
`
`Fig. 68
`
`Petitioner Exhibit 1001 p.9
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 10 of 50
`
`u.s. Patent
`
`Febo12,2013
`
`Sheet 9 of21
`
`US 8,374,901 B2
`
`From Fig. SA
`
`Send Talent
`Work
`Authorization
`Request 704
`
`Information for ~
`Employer and
`\
`Talent
`\'--_--.~7=i =5--->\
`t
`
`Talent Receives
`"Not Qualified"
`Message
`
`No
`
`707
`
`Work
`Authorization
`~mpla:ed
`
`v ••
`
`Talent
`Qualified?
`706
`
`Yes
`
`Yes
`
`>-----Yes----*1L.._R_e_t_u_rn_to_F_i9_o_S_A_-1
`
`Talent Profile
`(work authorization
`t-------'~ blind to others) t----1~
`
`Zl!
`
`Fig.7A
`
`Petitioner Exhibit 1001 p.10
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 11 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 10 of 21
`
`US 8,374,901 B2
`
`From Fig. 58
`
`Present Inquiry to
`Talent & Ask for
`Work
`Authorization
`754
`
`No
`
`/751
`(
`
`Work
`Authorization
`Info in Talent
`Profile?
`
`Notice to Employe
`that Talent has not
`Responded
`
`;755
`
`Ve.
`
`Talent
`Qualified?
`752
`
`No
`
`Talent and Employe
`Receive "Not
`Qualified" Messages
`
`Notice to Talent
`and Employer that
`Talent Not
`Qualified
`757
`
`I
`No
`>-~--------Yes----------~ Return to Fig. 58
`
`)----------Yes
`
`L-------------N~---.
`
`Yes
`
`Talent
`Qualified?
`756
`
`Yes
`
`Yes
`
`f------.J
`
`Talent Profile
`(work authorization
`blind to others)
`
`f--------.J
`
`761
`
`Fig. 78
`
`Petitioner Exhibit 1001 p.11
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 12 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 11 of 21
`
`US 8,374,901 B2
`
`Unauthenticated
`Unauthenticated
`User Visits Career I - - - - - - - - - . ! User Visits Pages
`Site
`of Interest
`802
`
`Career Site Databases
`
`Unauthenticated
`User May Search
`Talent Profiles
`803
`
`ProVDe
`Account
`Info?
`
`Yes
`
`Employer
`Receives E-Mail
`Welcome
`Message
`806
`
`Go to Fig. 9
`and Return
`Here
`
`807
`
`Employer
`Signs-In
`
`Response
`Required?
`
`Yes
`
`No
`
`No
`
`Employer May
`Generate Variety
`of Reports
`
`827
`
`Accessing
`Databases ' - - - - - - - - - - - - - - - ; . - - - -
`
`Access Career
`Site Databases
`822
`
`Go to Fig. 10
`or End Session
`
`Fig. 8
`
`Petitioner Exhibit 1001 p.12
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 13 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 12 of 21
`
`US 8,374,901 B2
`
`From Fig. 8
`900
`
`Add
`Divisions?
`901
`
`Yes
`
`SetUp
`Divisions
`
`902
`
`Yes
`
`Add Account
`Users?
`904
`
`Yes~
`
`Set Up Account
`Users
`
`905
`
`I
`
`Yes
`
`Add FERI
`Jobs?
`907
`
`Yes
`
`Set Up FERI Jobs
`
`908
`
`Yes
`
`Add Work
`Authorization
`Jobs?
`10
`
`SetUp Work
`Yes~ Authorization Jobs
`911
`
`Yes
`
`I
`
`I
`
`\
`
`I
`(
`
`Save Account
`Users and
`Assignments
`906 \
`
`I
`_I
`
`\
`
`(
`
`Save Work
`Authorization
`Designations
`912 \
`
`Set Up Other
`Yes~ Regulated Job
`
`914
`
`\
`
`I
`Save Other
`(
`Regulatory
`Parametffs
`915 \
`
`No
`
`Return to
`Fig. 8
`916
`
`Yes
`
`Fig. 9
`
`Petitioner Exhibit 1001 p.13
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 14 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 13 of 21
`
`US 8,374,901 B2
`
`From Fig. 8
`
`Search Talent Database
`
`Employer Finds
`Talent via Job
`Specific
`Self-Search
`1003
`
`Access Career Site Databases
`(see Fig. 2)
`
`Save One
`Auto-Search per
`Unlimited Jobs
`1007
`
`Yes __ --,
`
`Search Results
`Yield "Blind"
`Talent Profiles
`1008
`
`Save Search
`Results?
`1009
`
`No--.-<
`
`1012
`
`1011
`
`Yes
`
`Conduct
`Another
`Search?
`1024
`
`No
`
`Yes
`
`No
`
`no
`
`Select Talent
`Profile?
`
`Yes
`
`Submit
`Selections
`
`1014
`
`Send Employer
`"Comp too low"
`message
`
`10~
`
`1017
`
`Minimum
`Compensation
`Met?
`
`Billing Info
`Current?
`1015
`
`Yes
`
`Message to
`Employer to
`Update Billing Info
`1021
`
`I
`Save Messagel
`for Employer \
`1019 ~
`
`Go to Fig. 58
`
`Fig. 10
`
`Petitioner Exhibit 1001 p.14
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 15 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 14 of 21
`
`US 8,374,901 B2
`
`From Fig. 58
`
`Send Request to
`Release Contact
`Info & Survey to
`Talent
`1101
`
`Request to
`Release Contact
`Informatbn
`
`1103
`----
`
`""
`
`Survey
`
`Job Listing
`
`1102
`
`- - - - - - - - - -1
`I
`
`Talent Becomes
`"Inactive" Until
`Responds
`1106
`
`X days
`
`Employer Receives
`"Declined, No Reason
`Stated" Message
`
`1107
`
`Yes
`
`Yes
`
`Employer
`Receives
`Message of
`Decline and
`Reason
`1109
`
`Go to Fig. 12
`
`Fig. 11
`
`Petitioner Exhibit 1001 p.15
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 16 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 15 of 21
`
`US 8,374,901 B2
`
`Employer Is
`"Inactive" Until
`Responds
`1202
`
`X
`Days
`
`Talent Receives "Not
`Interested - No Reason
`Stated" Message
`1203
`
`Talent Receives "Not
`Interested" Message
`and Reason f---~
`
`Save Message
`for Talent and
`Employer
`1204
`
`Form Fig. 58
`
`From Fig. 11
`
`From Fig. 5A
`1200
`
`Yes
`
`Yes
`
`...
`
`Employer Buys
`"Complete" Talent
`Profile
`1208
`
`I
`~
`
`Notice to Talent to
`Expect Contact
`
`~
`
`Invoice and Coliec
`from Employer
`
`Talent Contact
`Informati:m
`Transferred to
`Employer
`
`Message to
`Employer to
`Update Billing
`Arrangements
`
`
`
`~ ~ .1£!1 ~
`
`...
`
`...
`
`Employer
`Billilg
`Statement
`
`Money Transfer
`from Employer to
`Career Destination
`
`Various Reports
`~
`~ ~ ~
`
`I
`I Save Notices, Contact
`Transfer, & Financial
`Records
`
`I
`
`\
`
`~\
`
`Fig. 12
`
`Go to Fig. 13
`
`Petitioner Exhibit 1001 p.16
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 17 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 16 of 21
`
`US 8,374,901 B2
`
`From Fig. 12
`
`"
`Process Referral
`Fees and
`Commissions
`1301
`
`"
`Send Wholesaler
`a Message that
`Commissions
`
`are Earned -
`
`-...., 1303 ...... r
`--=--
`
`.........
`
`Send Affiliate a I
`Message that I
`1302 ...... / --
`
`Referral Fees
`are Earned
`
`U'
`
`Send Retailers a
`Message that
`Commissions
`are Earned
`. . -
`-...., 1304/ r
`----=-
`
`"'-
`
`I
`
`"
`Store
`Transaction for
`Next Payment
`Cycle
`
`.\
`130~\
`
`,Ir
`
`Pay and Report to
`Affiliates and
`Wholesalers
`
`~/-",-
`
`Session Ends
`1307
`
`Fig. 13
`
`Petitioner Exhibit 1001 p.17
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 18 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 17 of 21
`
`US 8,374,901 B2
`
`Follow-Up Process
`
`Open Employers
`and Jobs
`Databases
`1401
`
`u
`
`Send "Did You
`Hire this Talent"
`Inquiry
`
`~o~
`
`Open Talent
`Profile Database
`1402
`
`Send "Were You
`Hired by this
`Employer" Inquiry
`1404
`
`Yes, No, or __ -,--___ Yes, No, or
`No Response
`No Response
`
`Save Responses
`for Talent and
`Employers
`1407
`
`Various Talent
`and Employer
`Reports
`1408
`
`Fig. 14
`
`Routine Ends
`1409
`
`Petitioner Exhibit 1001 p.18
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 19 of 50
`
`u.s. Patent
`
`Feb. 12, 2013
`
`Sheet 18 of 21
`
`US 8,374,901 B2
`
`Talent
`Profiles
`
`TALENT
`
`CAREER
`SITE OPERATOR
`
`(
`
`MATCH and
`PURCHASE
`
`Job Listings
`
`TRADE
`ASSOCIATIONS
`
`Commission
`
`EMPLOYERS
`
`Fig. 15
`
`Petitioner Exhibit 1001 p.19
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 20 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 19 of 21
`
`US 8,374,901 B2
`
`EDUCATIONAL
`INSTITUlIONS
`1601
`
`PROFESSIONAL
`ASSOCIATIONS
`1602
`
`LABOR UNIONS
`
`1603
`
`COMMISSION
`
`TALENT
`
`1600
`
`/ I
`
`TALENT
`PROFILES
`
`1604
`
`CAREER
`SITE OPERATOR
`
`1605
`
`JOB LISTINGS
`
`1607
`
`Fig. 16
`
`EMPLOYERS
`
`1606
`
`Petitioner Exhibit 1001 p.20
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 21 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 20 of 21
`
`US 8,374,901 B2
`
`WHOLESALERS
`
`1700
`
`TRADE
`ASSOCIATIONS
`1701
`
`PROFESSIONAL
`ASSOCIATIONS
`1705
`
`EDUCATIONAL
`INSTITUllONS
`1706
`
`LABOR UNIONS
`
`1707
`
`Commission
`
`TALENT
`
`EMPLOYERS
`
`1702
`
`MATCH and PURCHASE
`
`1710
`
`JOB LISTINGS
`
`TALENT PROFILES
`
`CAREER SITE
`OPERATOR
`
`1704
`
`Fig. 17
`
`Petitioner Exhibit 1001 p.21
`
`

`
`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 22 of 50
`
`u.s. Patent
`
`Feb. 12,2013
`
`Sheet 21 of 21
`
`US 8,374,901 B2
`
`FIRST LEVEL
`RETAILER 1800
`
`First Level Retaile
`r--_..j Recruits Second
`Level Retailers
`1806
`
`1" Level
`Commission Paid
`to 1,t Level
`Retailer
`1805
`
`First Level
`Retailer Identifies
`Prospective
`Employe{801
`
`Employer
`Subject to Another
`Wholesale/Fetail
`Commission';1
`1802
`
`No Retail ' \
`Commisson _-'T~--Yes
`Payable
`1803
`
`No
`
`Employer Pays
`Career Site for
`Talent Contacts
`1804
`
`~~------------Yes-------~~
`
`Second Level
`Retailer Adds
`Employer to
`Career Si\%08
`
`Employer
`Subject to Another
`Wholesale/Fetail
`Commission?
`1809
`
`1,t Level
`Commission Paid
`to 2nd Level
`Retailer
`1.!l1.2
`
`no
`
`Employer Pays
`Career Site for
`Talent Contacts
`1810
`
`20d Level
`Commission Paid
`to 1" Level
`Retailer
`1812
`
`Second Level
`Retailer Recruits
`Third Level
`Retailer~813
`
`1
`
`Third Level
`Retailer Adds
`Employer to
`Career Site
`1815
`
`1" Level
`Commission Paid
`to 3'd Level
`Retailer
`1818
`
`Employer
`Subject to Another
`Wholesale/Fetail
`Comm~~ign?
`
`No
`
`Employer Pays
`Career Site for
`Talent Contacts
`1817
`
`3,d Level
`Commission Paid
`to 1,t Level
`Retailer
`1820
`
`2nd Level
`Commission Paid
`to 2nd Level
`Retailer
`1830
`
`1" Level
`Commission Paid
`to 3,d Level
`Retailer
`1819
`
`Fig. 18
`
`Petitioner Exhibit 1001 p.22
`
`

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`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 23 of 50
`
`US 8,374,901 B2
`
`1
`CAREER AND EMPLOYMENT SERVICES
`SYSTEM AND APPARATUS
`
`CROSS REFERENCE TO RELATED PATENT
`APPLICATIONS
`
`This patent application is a division of U.S. patent appli(cid:173)
`cation Ser. No. 12/059,728 filed Mar. 31, 2008 which is a
`division of U.S. patent application Ser. No. 10/101,644 filed
`Mar. 19, 2002 now U.S. Pat. No. 7,424,438 entitled Apparatus
`and Methods for Providing Career Employment Services.
`
`FIELD OF THE INVENTION
`
`2
`that an employee may be terminated for a reason necessitating
`less than two-weeks notice, and injury, illness, or death may
`cause an employee to become unavailable to perform his or
`her job function. Further, even if a full two weeks is available
`to hire a replacement employee, frequently two weeks is not
`enough time to hire a person, particularly for skills that are in
`high demand.
`Another problem faced by employers is that they may stop
`searching for more highly skilled employee(s) than they have,
`10 if an employment position is currently filled. Consequently,
`an employer's recruiting and hiring processes, and subse(cid:173)
`quent operations, would be greatly enhanced if the employer
`could efficiently and cost-effectively identify highly qualified
`talent on a continuous basis. Accordingly, there is a need in
`the art for a practical continuous recruiting system.
`Another employment problem faced by employers is that
`there is no uniformity among employers in how they commu(cid:173)
`nicate the requirements, compensation, and benefits of their
`employment positions to the public. As a result, it is difficult
`20 for talent to efficiently and cost-effectively identifY the uni(cid:173)
`verse of employment positions for which their skills may be
`suited. Consequently, an employer's recruiting and hiring
`processes, and subsequent operations, would be greatly
`enhanced if the employer could efficiently and cost-effec-
`25 tively communicate detailed information about the skills and
`experience they require, and the compensation and benefits
`they offer, in a structured manner that facilitates the search by
`talent for optimal employment opportunities.
`At the same time that employers are encountering difficulty
`30 in identifYing highly qualified employees ("talent") to fill
`specific employment positions, talent is struggling to find the
`employers and employment opportunities that best match the
`talent's skills and objectives.
`For talent, establishing and developing a career involves
`35 finding, researching, and targeting employers. Traditionally,
`talent has used the same sort of inefficient means to find
`employment opportunities as employers have used to find
`talent. Talent has generally relied on school placement
`resources, replying to classified advertisements, and word(cid:173)
`of-mouth referrals from persons who may already be
`employed by a particular employer, a process that is as inef-
`ficient for talent as it is for employers. And traditionally, talent
`has relied on resumes to present their qualifications, yet there
`is no uniformity of resumes among talent. Talent generally
`45 must "tailor" their resumes to respond to particular employ(cid:173)
`ment opportunities, and talent may have only a limited under(cid:173)
`standing of the skills being sought by a particular employer.
`As a result, resumes are often unwieldy devices for employers
`to consider.
`Also, it may be difficult for talent to determine which
`employers to target for potential employment, and which
`potential opportunity represents the optimal use of their
`skills. Accordingly, talent can waste much time and energy
`trying to find the right position and may, nevertheless, fail to
`find an optimal position.
`Furthermore, it is difficult for talent to identifY an appro(cid:173)
`priate format for expressing his or her skills to an employer. It
`is also difficult for talent to know what types of information to
`share with a prospective employer. Consequently, it is advan(cid:173)
`tageous for talent to have the ability to maintain his or her
`resume, including a detailed description of training, skills,
`and experience in a uniformly structured manner on both a
`current and cumulative basis (a "talent profile").
`Even when a person is employed in a desirable position,
`economic or other circumstances may cause the unexpected
`termination of his or her employment. Specifically, talent
`may be laid-off or terminated at an unanticipated time. Even
`
`This invention relates to network connected information 15
`systems, and, more particularly, to network connected infor(cid:173)
`mation systems providing data processing applications in
`connection with optimizing
`individuals' employment
`searches and career opportunities, and optimizing employers'
`recruiting and hiring processes and decisions.
`
`BACKGROUND OF THE INVENTION
`
`Finding and hiring highly qualified employees or talent for
`specific jobs is one of the most important objectives an
`employer undertakes. In furthering the employer's objective
`of hiring the best possible employees, an employer would
`ideally have access to detailed information regarding as large
`a pool of talent as possible and the pool of talent would
`include prospective employees who are highly qualified for
`the particular job that the employer seeks to fill. Without such
`information, a great deal of time and expense is often
`expended by employers in connection with their recruiting
`and screening functions, while, nevertheless, achieving unac(cid:173)
`ceptable results.
`Traditionally, employers have found potential talent
`among new school graduates through school-related job
`counseling resources, in response to classified advertise(cid:173)
`ments for particular jobs, referrals from existing employees,
`and through the use of third-party recruiters ("headhunters"). 40
`Each of these alternatives is inefficient, and some are costly,
`as well. Furthermore, employers' articulation of the skills
`they seek to hire are imprecise. Typically, school-related job
`counseling resources, classified advertising, and word-of(cid:173)
`mouth referrals deal in generalities.
`When an employer seeks to hire an experienced employee,
`the pool of talent, within which a search is conducted, is often
`limited to individuals who have already worked in a particular
`job within a particular industry. Although it may be merito(cid:173)
`rious that a prospective employee has current or prior expe- 50
`rience in a particular job within a particular industry, indi(cid:173)
`viduals with experience in other jobs within other industries
`may possess the particular skills that an employer requires for
`a particular job. Yet there exists no efficient means for iden(cid:173)
`tifYing such individuals in other fields who may possess the 55
`precise skills sought by the employer. Consequently, an
`employer's employment recruiting and hiring processes and
`subsequent operations would be greatly enhanced if the
`employer could efficiently and cost-effectively identify
`highly qualified talent both within and without the industry 60
`and occupational categories of the employer.
`Another employment problem faced by employers is that
`they often do not know when a particular employment posi(cid:173)
`tion may become vacant. Specifically, while it is a business
`courtesy to provide two weeks notice of termination of at-will 65
`employment, employees occasionally terminate employment
`with less than two weeks notice. Additionally, it may occur
`
`Petitioner Exhibit 1001 p.23
`
`

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`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 24 of 50
`
`US 8,374,901 B2
`
`3
`if a talent is not terminated, economic conditions may cause
`his or her employer to go out of business. In some circum(cid:173)
`stances, talent will be provided with adequate notice or sev(cid:173)
`erance pay to allow for adequate time to seek other employ(cid:173)
`ment in the event of undesired termination. However, in some
`circumstances, there is inadequate time. Accordingly, there is
`a need in the job placement industry for systems that allow
`talent to be continually in the job market or at least ready to
`enter the job market on short notice.
`Known methods of recruiting include the process by which
`a manager will prepare a job description, and send the
`description to a human resources ("HR") department, which
`may check its files of resumes to determine if a qualified
`applicant has previously contacted the company. The HR
`department may also consider qualifications of internal can(cid:173)
`didates, and finally, the HR department may place a classified
`ad in a newspaper or trade publication. The company may
`also retain the services of a professional recruiter, who may
`have connections with suitable talent. In addition to classified
`ads in printed publications, other media may be used to pub(cid:173)
`lish advertisements for talent.
`As distributed computer networks such as the Internet have
`become widely used, it has become possible to provide clas(cid:173)
`sified employment ads to mass markets via on-line databases
`and publications. Most major newspapers now have on-line
`editions that may be used to search classified ads for job
`positions. For example, the employment classifieds of the
`Kansas City Star newspaper may be searched on line at http://
`www.kansascity.com.
`Such on-line databases provide convenient access by
`employers to an audience that is potentially beyond the scope
`of coverage of subscribers to the printed newspaper. The
`on-line databases also have an advantage to talent in that
`talent is better able to search for jobs by geographic location
`or keyword. Of course, both of those features are present in
`regular newspaper classified advertising. Nevertheless, on(cid:173)
`line databases of classified ads share the same major draw(cid:173)
`backs as printed classified ads. First, both are highly unstruc(cid:173)
`tured and without uniformity of job parameters. Second, both
`solicit highly unstructured resumes without uniformity from
`prospective job candidates. Third, both involve the placement
`of advertising in exchange for an up-front payment obligation
`by the employer/advertiser.
`Because a cost is associated with posting a classified ad,
`there is an economic disincentive for employers to post jobs
`other than those for which there is a current (or currently
`expected) vacancy. Furthermore, the classified advertising
`model employed by newspapers and existing on-line employ(cid:173)
`ment sites attracts almost exclusively jobs for which there are 50
`current (or currently expected) vacancies. Accordingly, many
`fewer jobs are advertised than actually exist, and because
`much of the talent that is currently employed are not continu(cid:173)
`ally looking, the jobs that are advertised attract a much
`smaller pool of highly qualified talent than actually exists.
`This situation is bridged at significant cost to employers by
`their use of headhunters who recruit currently employed per(cid:173)
`sons who may be willing to change jobs for a better opportu(cid:173)
`nity, but are unwilling to continuously bear the burden of the
`search effort.
`For employers with on-going recruiting and employment
`problems, the inefficiencies of existing mediums of finding
`the best, and, in many cases, sufficient talent for a job is a
`serious problem that contributes to on-going operational inef(cid:173)
`ficiencies. Likewise, for talent who would like to have access
`to the complete picture of available jobs, the economic dis(cid:173)
`incentive placed on employers to provide information about
`
`4
`all of their jobs is a serious problem that diminishes talent's
`ability to optimize his or her career.
`For employers, the classified ad system allows a company
`to develop a group of resumes of persons who have responded
`to ads. Employers may also consider classified ads placed by
`talent, indicating that they are available for employment.
`However, there is a similar economic disincentive for talent to
`pay for publication of a classified ad. Further, this combined
`group of talent resumes is small in relation to the potential
`10 universe of talent, and it does not provide an employer with
`the detailed and comprehensive information necessary for
`employers to select an ideal candidate.
`Other recruiting systems are basically improvements to the
`15 newspaper-based classified ad system. Several improvements
`have been proposed and implemented. Specifically the Mon(cid:173)
`ster.com job board, which may be found at www.monster.
`com, collects resumes and allows posting of classified
`employment ads. Systems like Monster.com represent an
`20 improvement to the traditional classified ad system, in that
`these types of bulletin boards collect resumes for free. Nev(cid:173)
`ertheless, the posted jobs are essentially searchable classified
`ads, and the resumes posted on Monster.com are not search(cid:173)
`able without payment of a significant fee. Again, this places
`25 an economic disincentive on employers to search out the best
`qualified candidate for ajob.
`The Monster.com site indicates that it is covered by U.S.
`Pat. No. 5,832,497 to Jeffrey C. Taylor ("the Taylor patent" or
`"Taylor"). The Taylor patent describes a system for managing
`30 classified employment ads, using of two databases to store
`information about resumes and about jobs.
`Taylor discloses providing job industries, company identi(cid:173)
`fiers, job disciplines and job titles. Taylor describes using a
`password system to specifY who has access to the job records
`35 for the purposes of adding, changing, and deleting job
`records. Employer-users are charged for contact information
`on applicant users. Fees are structured as a basic subscription
`charge allowing a predetermined number of accesses, with a
`predetermined fee associated with each access above the pre-
`40 determined number of accesses.
`Several other on-line job sites collect information about
`applicants and provide this information to prospective
`employers in various ways; however, these systems suffer
`from drawbacks similar to those of the Taylor patent. Specifi-
`45 cally, HotJobs.com, Ltd. (www.hotjobs.com)allowsauserto
`choose a city and also to specify a corresponding metropoli(cid:173)
`tan area. Using HotJobs, a user can search for ajob in New
`York, for example, and find jobs in nearby cities, without
`knowing the names of the other cities.
`To use the HotJobs site, a job search user first registers by
`providing his or her E-mail address and a password. Next the
`job search user is prompted to either paste in the text of an
`existing resume or to answer a set of questions that will
`provide for the automatic generation of a resume. In addition
`55 to asking questions pertinent to the resume, the HotJobs sys(cid:173)
`tem asks job search users about the types of jobs they are
`seeking, whether they are willing to relocate, and whether
`they would like their resume to be searchable by employers
`and/or recruiters. If the job search user elects not to allow his
`60 or her resume to be searchable, the resume will only be
`accessible by those employers that the job search user speci(cid:173)
`fies by using a process described below. An arbitrary job
`search user of the HotJobs web site may search all of the
`posted jobs. By registering and creating a resume, the job
`65 search user can apply to any of the postedjobs.
`Like Monster.com, HotJobs.com charges for posting jobs.
`Therefore, the same economic disincentives are placed on
`
`Petitioner Exhibit 1001 p.24
`
`

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`Case 2:13-cv-02486-JWL-JPO Document 1-3 Filed 09/17/13 Page 25 of 50
`
`US 8,374,901 B2
`
`6
`given an opportunity to mutually consent to the exchange of
`talent contact information. In one embodiment, after such
`mutual consent has been granted, a financial transaction is
`consunm13ted wherein the employer pays a fee to the career
`site operator.
`In one embodiment, skills descriptions are received from
`talent. In one embodiment, mutual consent is indicated by a
`request for an interview and an acceptance of a request for an
`interview. In one embodiment, follow up surveys to employ-
`10 ers and talent are used to provide feedback to career site
`participants.
`In one embodiment, employers provide information
`regarding multiple divisions, including geographical and
`access scope information.
`In one embodiment affiliate marketing arrangements are
`utilized to promote use of the career site. In another embodi(cid:173)
`ment' wholesale marketing techniques are employed. In yet
`another embodiment, a multi-level retail marketing system is
`applied to develop employer participation in the career site.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`5
`employers that would use the HotJobs system as is placed on
`employers that would the Monster system.
`Accordingly, known on-line job advertising systems rep(cid:173)
`resent only minor improvements over the traditional newspa(cid:173)
`per-based employment classified advertising system. And the
`known on-line job advertisi