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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwusptogov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
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`CONF {MATION NO.
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`12/846,635
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`07/29/2010
`
`Marc Vianello
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`15703.5
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`2336
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`66714
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`7590
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`03/01/2012
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`INTELLECTUAL pRopERTY CENTER, LLc
`7101 College Boulevard
`SUITE 1520
`OVERLAND PARK, KS 66210
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`JEANTY, ROMAIN
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`3624
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`MAIL DATE
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`03/01/2012
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`Petitioner EXhlblt 1013 9.1
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`Petitioner Exhibit 1013 p.1
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`

`

`
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`Application No.
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`Applicant(s)
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`Office Action Summary
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` 12/846,635 VIANELLO, MARC
`Examiner
`Art Unit
`
`3624
`Romain Jeanty
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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 CFR1. 136(a).
`In no event however may a reply be timely filed
`after SIX () 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 if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1)|Zl Responsive to communication(s) filed on 29 July 2010.
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`2a)|:l This action is FINAL.
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`2b)IXI This action is non-final.
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`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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` Attachment(s)
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`Disposition of Claims
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`5)IZ Claim(s) 1-34 is/are pending in the application.
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`5a) Of the above claim(s) _ is/are withdrawn from consideration.
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`6)|:| Claim(s) _ is/are allowed.
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`7)|Xl Claim(s) 1-_34is/are rejected.
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`8)|:| Claim(s) _ is/are objected to.
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`9)I:I Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
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`11)I:| The drawing(s) filed on _ is/are: a)|:| accepted or b)|:| 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`13)|:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)|:| AII
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`b)|:l Some * c)I:I None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.|:l Certified copies of the priority documents have been received in Application No. _
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`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`1) IZI Notice of References Cited (PTO-892)
`2) I] Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) I] Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date _.
`U.S. Patent and Trademark Office
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`4) I] Interview Summary (PTO-413)
`Paper N0(S )/Mai| Date. _
`5)I:I Notice 0f Informal Patent Application
`6)I:I Other:—
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`PTOL-326 (Rev. 03-11)
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`Office Action Summary
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`Part of Paper No. /Mai| Date 20120224
`Petitioner Exhibit 1013 p.2
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`Petitioner Exhibit 1013 p.2
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`

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`Application/Control Number: 12/846,635
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`Page 2
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`Art Unit: 3624
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`DETAILED ACTION
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`Divisional
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`1.
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`This application is a divisional application of U.S. application no.
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`12/059,728 filed on March 31, 2008. See MPEP §201.06.
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`In accordance with
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`MPEP §609.02 A. 2 and MPEP §2001.06(b) (last paragraph), the Examiner has
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`reviewed and considered the prior art cited in the Parent Application. Also in
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`accordance with MPEP §2001.06(b) (last paragraph), all documents cited or
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`considered ‘of record’ in the Parent Application are now considered cited or ‘of
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`record’ in this application. Additionally, Applicant(s) are reminded that a listing of
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`the information cited or ‘of record’ in the Parent Application need not be
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`resubmitted in this application unless Applicants desire the information to be
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`printed on a patent issuing from this application. See MPEP §609.02 A. 2.
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`Finally, Applicants are reminded that the prosecution history of the Parent
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`Application is relevant in this application. See 9.9., Microsoft Corp. v. Multi-Teoh
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`Sys., Inc., 357 F.3d 1340, 1350, 69 USPQ2d 1815, 1823 (Fed. Cir. 2004)
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`(holding that statements made in prosecution of one patent are relevant to the
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`scope of all sibling patents).
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`Claim Rejections - 35 USC § 102
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`2.
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`The following is a quotation of the appropriate paragraphs of 35
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`U.S.C. 102 that form the basis for the rejections under this section made in this
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`Office action:
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`Petitioner Exhibit 1013 9.3
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`Petitioner Exhibit 1013 p.3
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`

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`Application/Control Number: 12/846,635
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`Page 3
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`Art Unit: 3624
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`A person shall be entitled to a patent unless —
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`(e) the invention was described in (1) an application for patent, published under section
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`122(b), by another filed in the United States before the invention by the applicant for patent or
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`(2) a patent granted on an application for patent by another filed in the United States before
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`the invention by the applicant for patent, except that an international application filed under
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`the treaty defined in section 351 (a) shall have the effects for purposes of this subsection of an
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`application filed in the United States only if the international application designated the United
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`States and was published under Article 21(2) of such treaty in the English language.
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`3.
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`Claims 12, 15-17, 20 are rejected under 35 U.S.C. 102(e) as being
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`anticipated by Work (US Patent No. 7,725,525).
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`Regarding claims 12, 15-17, 20, Work discloses identifying at least one
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`candidate profile by said computer system based on at least one search
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`parameter (i.e, the examiner interprets the target as a “candidate “col. 4, lines 9-
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`30), comparing said search parameter with said candidate attributes by said
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`computer system and determining by said computer system whether at least one
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`of said identified candidate profiles matches said search parameter based on
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`said comparison (col. 6, lines 1-16); and communicating to said prospective
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`employer said matched candidate profile (i.e., providing the profile to user of an
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`organization. Note col. 11, lines 29-59).
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`Claim Rejections - 35 USC § 103
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`4.
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for
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`all obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described
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`as set forth in section 102 of this title, if the differences between the subject matter sought to
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`Petitioner Exhibit 1013 p.4
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`Petitioner Exhibit 1013 p.4
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`

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`Application/Control Number: 12/846,635
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`Page 4
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`Art Unit: 3624
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`be patented and the prior art are such that the subject matter as a whole would have been
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`obvious at the time the invention was made to a person having ordinary skill in the art to which
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`said subject matter pertains. Patentability shall not be negatived by the manner in which the
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`invention was made.
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`5.
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`Claims 13-14, 19 and 24-25 are rejected under 35 U.S.C. 103(a) as being
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`unpatentable over Work (US Patent No. 7,725,525).
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`Regarding claims 13-14, 19 and 24-25, Work teaches all of the limitations
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`in the rejection above but fails to explicitly disclose these claimed features.
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`However, these claimed features are old and well known features that are usually
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`claimed in the job searching art. It would have been obvious to a person of
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`ordinary skill in the art at the time of the applicant's invention to have modified the
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`disclosures of Work to include these well-known features, since the claimed
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`invention is merely a combination of old elements, and in the combination each
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`element merely would have performed the same function as it did separately,
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`and one of ordinary skill in the art would have recognized that the result of the
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`combination were predictable.
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`6.
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`Claims 18, 21-23 and 26-31 are rejected under 35 U.S.C. 103(a) as being
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`unpatentable over Work (US Patent No. 7,725,525) in view of Kurzius et al (US
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`Patent No. 6,385,620).
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`Regarding claim 18, 21-23, 26-31 , Work fails to explicitly discloses
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`receiving from said prospective employer a request for an interview with a
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`candidate associated with said matched candidate profile; transmitting said
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`request for said interview to said candidate over said computer network; and
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`Petitioner Exhibit 1013 p.5
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`Petitioner Exhibit 1013 p.5
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`

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`Application/Control Number: 12/846,635
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`Page 5
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`Art Unit: 3624
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`receiving a request-acceptance indication from said candidate over said
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`computer network. Kurzius et al in the same field of endeavor discloses an
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`employment recruitment method for exchanging information between individuals
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`comprising receiving an interview and receiving request-acceptance indication
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`from a candidate. Note col. 14, lines 5-39 of Kurzius et al.
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`It would have been
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`obvious to a person of ordinary skill in the art at the time of the applicant’s
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`invention to have modified the disclosures of Work to include the teachings of
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`Kurzius et al since the claimed invention is merely a combination of old elements,
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`and in the combination each element merely would have performed the same
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`function as it did separately, and one of ordinary skill in the art would have
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`recognized that the result of the combination were predictable.
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`7.
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`Claims 32-34 are rejected under 35 U.S.C. 103(a) as being unpatentable
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`over Work (US Patent No. 7,725,525) in view of Kurzius et al (US Patent No.
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`6,385,620).
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`Regarding claims 32-34, the combination of Work and Kurzius et al fails to
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`teach these claimed limitations. However, these claimed features are old and
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`well known features that are usually claimed in the job searching art. It would
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`have been obvious to a person of ordinary skill in the art at the time of the
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`applicant's invention to have modified the disclosures of Work and Kurzius et al
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`to include these well-known features, since the claimed invention is merely a
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`combination of old elements, and in the combination each element merely would
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`have performed the same function as it did separately, and one of ordinary skill in
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`Petitioner Exhibit 1013 9.6
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`Petitioner Exhibit 1013 p.6
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`

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`Application/Control Number: 12/846,635
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`Page 6
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`Art Unit: 3624
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`the art would have recognized that the result of the combination were
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`predictable.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from
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`the examiner should be directed to Romain Jeanty whose telephone number is
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`(571)272-6732. The examiner can normally be reached on Mon-Thurs 7:30 am
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`to 6:00 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the
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`examiner’s supervisor, Lynda Jasmin can be reached on (571) 272-6782. The
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`fax phone number for the organization where this application or proceeding is
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`assigned is 571 -273-8300.
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`Information regarding the status of an application may be obtained from
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`the Patent Application Information Retrieval (PAIR) system. Status information
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`for published applications may be obtained from either Private PAIR or Public
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`PAIR. Status information for unpublished applications is available through
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`Private PAIR only. For more information about the PAIR system, see http://pair-
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`direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-
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`free). If you would like assistance from a USPTO Customer Service
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`Representative or access to the automated information system, call 800-786-
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`9199 (IN USA OR CANADA) or 571-272—1000.
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`Petitioner Exhibit 1013 p.7
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`Petitioner Exhibit 1013 p.7
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`

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`Application/Control Number: 12/846,635
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`Page 7
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`Art Unit: 3624
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`/Romain Jeanty/
`Primary Examiner, Art Unit 3624
`February 27, 2012
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`Petitioner Exhibit 1013 9.8
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`Petitioner Exhibit 1013 p.8
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`