IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`) June 28, 2012
`)
`
`Group Art Unit 3624
`
`) )
`
`) )
`
`) Primary Examiner:
`)
`
`Application of
`
`Marc Vianello
`
`Serial No. 12/846,635
`
`Filed July 29, 2010
`
`For: CAREER AND EMPLOYMENT
`SERVICES SYSTEM
`
`) Romain Jeanty
`)
`
`AND APPARATUS
`
`)
`
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, VA 223 13— 1450
`
`Sir:
`
`RESPONSE
`
`The Office Action dated March 1, 2012, has been received and carefully reviewed.
`
`Reconsideration of the rejection is respectfully requested in view of the amendments to the claims
`
`and remarks below. Based upon the Office Action, it appears that claims 12—34 are presently
`
`pending in the application. Claims 12, 15—17, 20 are rejected as being anticipated under 102(e) and
`
`claims 13—14, 18, 19 and 21—34 have been rejected under 35 U.S.C. 103(a). Claims 61 and 62 are
`
`newly added and depend from claims 29 and 21 respectively.
`
`Listing of Claims begins on page 2 of this paper.
`
`Remarks begin on page 19 of this paper.
`
`Docket 15703.5
`
`1
`
`Monster Worldwide, Inc. Exhibit 1014 (p.1/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.1/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`LISTING OF CLAIMS:
`
`1.(Withdrawn) A method of receiving and processing information within a
`
`computer system regarding at least one candidate from a plurality of talent-contributors,
`
`said method comprising the steps of:
`
`inputting candidate attributes into said computer system, said candidate attributes
`
`including:
`
`personal information associated with said candidate;
`
`experience information regarding said candidate;
`
`skills descriptions corresponding to skills attributes; and
`
`information classified according to an occupational classification system;
`
`inputting employer information pertaining to prospective employers into said system,
`
`said employer information including job description information relating to at
`
`least one job listing and classified according to said occupational classification
`
`system; and
`
`processing said candidate attributes with said job description information in said
`
`computer system to thereby determine matches between said candidate
`
`attributes and said job listing.
`
`2.
`
`(Withdrawn) The method as set forth in claim 1, wherein said employer
`
`information includes information classified according to an industry classification system.
`
`Monster Worldwide, Inc. Exhibit 1014 (p.2/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.2/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`3.
`
`(Withdrawn) The method as set forth in claim 1, wherein said job
`
`description information includes information classified according to said occupational
`
`classification system.
`
`4.
`
`(Withdrawn) The method as set forth in claim 1, wherein said experience
`
`information includes information classified according to an industry classification system.
`
`5.
`
`(Withdrawn) The method as set forth in claim 1, wherein said matches
`
`are ranked according to their relative extent of compatibility.
`
`6.
`
`(Withdrawn) The method as set forth in claim 5, wherein said computer
`
`system generates a listing of said matches based upon said ranking.
`
`7.
`
`(Withdrawn) The method of receiving processing information according
`
`to claim 1, wherein said personal
`
`information further comprises self-identification
`
`information including at least one of:
`
`race-information regarding said candidate;
`
`gender-information regarding said candidate;
`
`citizenship-information regarding said candidate; and
`
`lawful eligibility to work in at least one country.
`
`Monster Worldwide, Inc. Exhibit 1014 (p.3/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.3/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`8.
`
`(Withdrawn) The method as set forth in claim 1, wherein said skills
`
`descriptions relate to at least one of language skills, computer skills, analytical skills,
`
`people and communications skills, and mechanical skills of said candidate.
`
`9.
`
`(Withdrawn) The method as set forth in claim 8, wherein said ski||s
`
`description further includes skills proficiency of said candidate.
`
`10.
`
`(Withdrawn) The method as set forth in claim 1, wherein said ski||s
`
`descriptions include language skills, and wherein said language skills include at least one
`
`of reading, writing and speaking skills.
`
`11.
`
`(Withdrawn) The method as set forth in claim 1, wherein said candidate
`
`attributes include information regarding at least one designation of at least one preferred
`
`employer.
`
`Monster Worldwide, Inc. Exhibit 1014 (p.4/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.4/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`12.
`
`(Amended) A method of searching a plurality of candidate profiles
`
`having respective candidate attributes and threshold reguirements and—being—stered—in—py
`
`a computer system having at least one computer with a processor and storage medium
`
`within a computer network, said method performed by a prospective employer using said
`
`computer system, and said method comprising:
`
`storing said candidate attributes received from a candidate in a structured format on
`
`a storage medium in communication with said computer;
`
`selecting candidate threshold reguirements from said candidate attributes;
`
`identifying at least one candidate profile by said computer system based on at least
`
`one search parameter received by said prospective employer;
`
`comparing said search parameter with said candidate attributes by said computer
`
`system;
`
`determining by said computer system whether at
`
`least one of said identified
`
`candidate profiles matehes—matching said search parameter meets said threshold
`
`reguirement,—leased—en—said—eemp&risen; and
`
`communicating to said prospective employer said matched candidate profile.
`
`13.
`
`(Original) The method as set forth in claim 12, wherein said search
`
`parameter is associated with at least one job description.
`
`Monster Worldwide, Inc. Exhibit 1014 (p.5/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.5/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`14.
`
`(Original) The method as set forth in claim 12, wherein said search
`
`parameter comprises data structured according to an occupational classification system.
`
`15.
`
`(Original) The method as set forth in claim 12, wherein said search
`
`parameter comprises data structured according to an industry classification system.
`
`16.
`
`(Original) The method as set forth in claim 12, wherein said candidate
`
`profiles are ranked according to the extent
`
`they are compatible with said search
`
`parameter.
`
`17.
`
`(Original) The method of claim 16, wherein said computer system
`
`generates a listing of said candidate profiles based upon said ranking.
`
`18.
`
`(Original) The method as set forth in claim 12, further comprising
`
`receiving from said prospective employer a request for an interview with a candidate
`
`associated with said matched candidate profile;
`
`transmitting said request for said interview to said candidate over said computer
`
`network; and
`
`receiving a request-acceptance indication from said candidate over said computer
`
`network.
`
`Monster Worldwide, Inc. Exhibit 1014 (p.6/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.6/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`19.
`
`(Original) The method of claim 12 further comprising permitting said
`
`prospective employer to modify said search parameter.
`
`20.
`
`(Original) The method of claim 12 wherein said search is automatically
`
`performed by said computer system based on said search parameter.
`
`21.
`
`(Original) A method of searching a plurality of candidate profiles having
`
`respective threshold requirements and being stored in a computer system having at least
`
`one computer with a processor within a computer network, said method performed by a
`
`prospective employer using said computer system, and said method comprising:
`
`associating said search with a specific job description of said prospective employer;
`
`identifying at least one candidate profile by said computer system based on at least
`
`one search parameter;
`
`comparing said job description with said threshold requirements by said computer
`
`system;
`
`determining by said computer system whether said job description matches said
`
`threshold requirements; and,
`
`communicating to said prospective employer at least one candidate profile based
`
`upon said search parameters.
`
`Monster Worldwide, Inc. Exhibit 1014 (p.7/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.7/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`22.
`
`(Original) The method as set forth in claim 21, wherein said candidate
`
`profiles are ranked according to their relative extent of compatibility with said job
`
`description.
`
`23.
`
`(Original) The method as set forth in claim 22, wherein said computer
`
`system generates a listing of said candidate profiles based upon said ranking.
`
`24.
`
`(Amended) The method as set forth in claim 21 , wherein said threshold
`
`requirement is provided by said employer and electronically stored on said storage
`
`medium, said threshold reguirement eemprises—comprising data structured according to
`
`an occupational classification system.
`
`25.
`
`(Original) The method as set forth in claim 21, wherein said threshold
`
`requirement comprises data structured according to an industry classification system.
`
`26.
`
`(Original) The method of claim 21, further comprising receiving from
`
`said prospective employer a request for an interview with a candidate associated said
`
`matched candidate profile;
`
`transmitting said request for said interview to said candidate over said computer
`
`network; and
`
`receiving a request-acceptance indication from said candidate over said computer
`
`Monster Worldwide, Inc. Exhibit 1014 (p.8/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.8/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`network.
`
`27.
`
`(Original) The method of claim 21 further comprising permitting said
`
`prospective employer to modify said job descriptions in response to said threshold
`
`determination.
`
`28.
`
`(Original) The method of claim 21 wherein said search is automatically
`
`performed by said computer system based on said search parameters.
`
`29.
`
`(Amended) A method of searching a plurality of job descriptions having
`
`respective threshold requirements and being stored in a computer system having at least
`
`one computer with a processor within a computer network, said method performed by a
`
`candidate using said computer system, and said method comprising:
`
`identifying at least one job description by said computer system based upon at least
`
`one search parameter, said search parameter input into said computer system;
`
`storing attributes of a candidate profile including candidate threshold reguirements
`
`associated with said candidate in said computer system;
`
`comparing said job description with attributes of
`
`
`[[a]] said candidate profile
`
`.
`
`|
`
`.
`
`|
`
`.
`
`|
`
`I.
`
`I
`
`;
`
`determining whether said candidate profile matches said job description based on
`
`said threshold requirements; and,
`
`Monster Worldwide, Inc. Exhibit 1014 (p.9/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.9/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`communicating said matched job descriptions to said candidate.
`
`30.
`
`(Original) The method of claim 29 further comprising the steps of:
`
`receiving a request for interview with said employer from said candidate through
`
`said computer network;
`
`transmitting said request through said computer network to said employer; and,
`
`receiving a request-acceptance indication from said employer over said computer
`
`network.
`
`31.
`
`(Original) The method of claim 30 further
`
`including the step of
`
`permitting said candidate to modify said search parameters in response to said request
`
`acceptance indication.
`
`32.
`
`(Original) The method of claim 29 wherein said job descriptions are
`
`ranked by said computer system indicating a relative maximum compensation associated
`
`with said job description.
`
`33.
`
`(Original) The method of claim 32 wherein said computer system
`
`generates a listing of said job descriptions arranged based upon said ranking.
`
`10
`
`Monster Worldwide, Inc. Exhibit 1014 (p.10/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.10/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`34.
`
`(Original) The method of claim 29 wherein said search is automatically
`
`performed by said computer system based on said search parameters.
`
`35.
`
`(Withdrawn) A method of searching a plurality of candidate profiles
`
`including information classified according to an occupational classification system, having
`
`respective threshold requirements, and being stored in a computer system within a
`
`computer network, said computer system comprising a computer with a processor for
`
`performing the following steps, said method performed by an employer using said
`
`computer system, and said method comprising:
`
`entering at least one job description into said computer system, said job
`
`description including job data structured according to said occupational
`
`classification system;
`
`receiving search parameters within said computer system from said employer;
`
`identifying candidate profiles associated with candidates by said computer system
`
`based on said search parameters;
`
`comparing said job description with said threshold requirements by said computer
`
`system, whereby a threshold comparison results;
`
`determining by said computer system whether at least one of said threshold
`
`requirements matches said job description, based on said threshold
`
`comparison;
`
`upon one of said threshold requirements matching said job description, receiving
`
`11
`
`Monster Worldwide, Inc. Exhibit 1014 (p.11/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.11/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`from said employer a request in said computer system for interview with a
`
`candidate associated with said one of said threshold requirements; and
`
`transmitting said request for interview to said candidate over said computer
`
`network.
`
`36.
`
`(Withdrawn) The method as set
`
`forth in claim 35, wherein said
`
`candidate profiles include information classified according to an industry classification
`
`system.
`
`37.
`
`(Withdrawn) The method as set forth in claim 35, wherein said job
`
`description includes information classified according to an industry classification system.
`
`38.
`
`(Withdrawn) The method as set forth in claim 35, wherein said search
`
`parameters include a maximum compensation requirement.
`
`39.
`
`(Withdrawn) The method of
`
`claim 35, wherein said threshold
`
`requirements include a minimum compensation.
`
`40.
`
`(Withdrawn) The method as set
`
`forth in claim 38, wherein said
`
`maximum compensation requirement is confidential.
`
`12
`
`Monster Worldwide, Inc. Exhibit 1014 (p.12/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.12/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`41.
`
`(Withdrawn) The method of
`
`claim 39, wherein said minimum
`
`compensation requirement is confidential.
`
`42.
`
`(Withdrawn) The method as set forth in claim 35 further comprising the
`
`steps of:
`
`receiving from said candidate an indication regarding whether said candidate
`
`accepts said employer interview request; and
`
`providing a survey over said computer network to said candidate.
`
`43.
`
`(Withdrawn) The method as set forth in claim 42, further comprising:
`
`inactivating an account associated with said candidate based on a failure to respond
`
`to said survey; and
`
`reactivating said account based on a subsequent response to said survey.
`
`44.
`
`(Withdrawn) The method as set forth in claim 42, further comprising:
`
`inactivating an account associated with said candidate based on a failure to respond
`
`to said survey; and
`
`reactivating said account based on passage of a predetermined period of time.
`
`45.
`
`(Withdrawn) The method as set forth in claim 35, further comprising
`
`providing said employer with an opportunity to modify said search parameters and said
`
`13
`
`Monster Worldwide, Inc. Exhibit 1014 (p.13/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.13/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`job description if said threshold comparison indicates that said candidate profile does not
`
`match said job description.
`
`46.
`
`(Withdrawn) The method as set forth in claim 35, further comprising
`
`providing said employer with a list of candidates whose associated candidate profiles
`
`matched said threshold requirements.
`
`47.
`
`(Withdrawn) The method as set forth in claim 46, wherein said list of
`
`candidates is ordered by the degree of compatibility of said candidates with said job
`
`description.
`
`48.
`
`(Withdrawn) The method as set forth in claim 46, wherein said list of
`
`candidates is further ordered by geographic proximity to a geographic location specified
`
`in said search parameters.
`
`49.
`
`(Withdrawn) A method of searching a plurality of job descriptions
`
`including information classified according to an occupational classification system, having
`
`respective threshold requirements, and being stored in a computer system within a
`
`computer network, said computer system comprising a computer with a processor for
`
`performing the following steps, said method performed by a candidate using said
`
`computer system, and said method comprising:
`
`14
`
`Monster Worldwide, Inc. Exhibit 1014 (p.14/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.14/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`entering at least one candidate’s profile with candidate attributes into said
`
`computer system, said candidate profile including job data structured
`
`according to said occupational classification system;
`
`receiving search parameters within said computer system from said candidate;
`
`identifying job descriptions associated with prospective employers by said
`
`computer system based on said search parameters;
`
`comparing said candidate profile with said threshold requirements of said job
`
`description by said computer system, whereby a threshold comparison
`
`results;
`
`determining by said computer system whether at least one of said job descriptions
`
`matches said candidate attributes, based on said threshold comparison;
`
`upon said one of said job descriptions matching said candidate attributes,
`
`receiving from said candidate a request in said computer system for
`
`interview with an employer associated with said one of said job
`
`descriptions; and
`
`transmitting said request for interview to said associated employer over said
`
`computer network.
`
`50.
`
`(Withdrawn) The method as set forth in claim 49, wherein said job
`
`descriptions include information classified according to an industry classification system.
`
`15
`
`Monster Worldwide, Inc. Exhibit 1014 (p.15/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.15/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`51.
`
`(Withdrawn) The method as set
`
`forth in claim 49, wherein said
`
`candidate profile includes information classified according to an industry classification
`
`system.
`
`52.
`
`(Withdrawn) The method as set forth in claim 49, wherein said search
`
`parameters include a minimum compensation threshold requirement.
`
`53.
`
`(Withdrawn) The method as set
`
`forth in claim 52, wherein said
`
`minimum compensation requirement is confidential.
`
`54.
`
`(Withdrawn) The method as set forth in claim 49, further comprising the
`
`steps of:
`
`receiving from said employer an indication regarding whether said employer
`
`accepts said candidate interview request; and
`
`providing a survey over said computer network to said candidate.
`
`16
`
`Monster Worldwide, Inc. Exhibit 1014 (p.16/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.16/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`55.
`
`(Withdrawn) The method as set forth in claim 54, further comprising:
`
`inactivating an account associated with said associated employer based on a failure
`
`to respond to said survey; and,
`
`reactivating said account based on a subsequent response to said survey.
`
`56.
`
`(Withdrawn) The method as set forth in claim 54, further comprising:
`
`inactivating an account associated with said associated employer based on a failure
`
`to respond to said survey; and,
`
`reactivating said account based on passage of a predetermined period of time.
`
`57.
`
`(Withdrawn) The method as set forth in claim 49, further comprising
`
`providing said candidate with an opportunity to modify said search parameters and said
`
`candidate profile if said threshold comparison indicates that said candidate profile does
`
`not match said threshold requirements.
`
`58.
`
`(Withdrawn) The method as set forth in claim 49, further comprising
`
`providing said candidate with a list of job descriptions for which said candidate profile
`
`matches said threshold requirements.
`
`59.
`
`(Withdrawn) The method as set forth in claim 58, wherein said list of job
`
`descriptions is ordered by maximum compensation requirement of said job descriptions.
`
`17
`
`Monster Worldwide, Inc. Exhibit 1014 (p.17/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.17/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`60.
`
`(Withdrawn) The method as set forth in claim 59, wherein said list of job
`
`descriptions is further ordered by geographic proximity to a geographic location specified
`
`in said search parameters.
`
`61 .(New) The method of claim 29 wherein said threshold requirements are
`
`provided by said employer.
`
`62. (New) The method of claim 21 wherein said threshold requirements are
`
`provided by said candidate.
`
`18
`
`Monster Worldwide, Inc. Exhibit 1014 (p.18/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.18/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`REMARKS:
`
`The Office Action dated March 1, 2012, has been received and carefully reviewed.
`
`Reconsideration of the rejection is respectfully requested in view of the amendments to the claims
`
`and remarks below.
`
`I.
`
`§ 102 Rejection
`
`In response to the Examiner’s rejection under 102(e) as being anticipated by Work,
`
`Applicant respectfully disagrees that Work discloses all of the features of the present invention.
`
`Work appears to disclose matching search queries and potential targets of search queries by
`
`comparing search criteria with profile criteria describing potential targets. Work discloses using
`
`database queries or SQL queries to perform the comparison feature. Work does not disclose
`
`providing threshold requirements of the candidate,
`
`in fact
`
`the only reference within the
`
`specification of threshold appears in the background portion when discussing Patent 6,115,709
`
`and a system for constructing a user’s knowledge profile. Work does not disclose each and every
`
`feature of claims 13—14, 19, 24 —25.
`
`Work appears to disclose utilization of an employee’ s profile criteria including capabilities,
`
`history, values, interests, style, goals, projects, human networks, contacts, profiles of the contacts,
`
`employment history, education history, organizational activities, organizations, profiles of the
`
`organizations or compensation requirements in data provided by the candidate. Employers
`
`(initiators) may search through profiles using the search criteria, including descriptive portions
`
`provided by the candidate. However, Work does not disclose utilization of the structured profile
`
`criteria provided by the employer related to the candidate being sought as specified in claims
`
`19
`
`Monster Worldwide, Inc. Exhibit 1014 (p.19/22)
`
`Monster Worldwide, Inc. Exhibit 1014 (p.19/22)
`
`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`13—14, 19 and 24—25. Because Work fails to teach each and every limitation of the present
`
`invention, Applicant respectfully requests that the 102(e) rejection be removed.
`
`11.
`
`§ 103 Rejection
`
`Regarding the 103 rejection, Claims,
`
`13—14, 19 and 24—25 are rejected as being
`
`unpatentable in light of Work. Applicant respectfully disagrees. Initially, the rejection of record
`
`acknowledges that Work “fails to explicitly disclose these claimed features.” However, the action
`
`concludes with the statement that the claimed features are “old and well known” without stating
`
`which features are not disclosed or which are old and well known. The rejection fails to
`
`adequately support or specify the basis for the rejection and therefore it is an improper rejection
`
`under 103. Which claimed features are taught and not taught by Work is not disclosed by the
`
`examiner and which features are old and well known or upon whose knowledge is also not
`
`disclosed.
`
`These statements, however, do not satisfy the factual inquiry required by Graham v.
`
`John Deere C0., 383 U.S. 1 (1966) to make a prima facie case of obviousness. See MPEP Section
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`2144 ("It is never appropriate to rely solely on 'common knowledge' in the art without evidentiary
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`support in the record, as the principal evidence upon which a rejection was based.") A prima facie
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`case of obviousness cannot be made with conclusory statements that certain limitations are well
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`known in the art, but rather is made with factual support.
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`If the Examiner's factual findings are based on the Examiner's personal belief of
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`what was well known in the art at the time of the invention, Applicant requests that the Examiner
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`provide an affidavit specifically explaining why the limitations of the amended claims would have
`
`20
`
`Monster Worldwide, Inc. Exhibit 1014 (p.20/22)
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`Monster Worldwide, Inc. Exhibit 1014 (p.20/22)
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`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`been known to a person of ordinary skill in the art at the time of invention. See 37 CFR Section
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`1.104(d)(2) (”When a rejection in an application is based on facts within the personal knowledge
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`of an employee of the Office, the data shall be as specific as possible, and the reference must be
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`supported, when called for by Applicant, by the affidavit of such employee, and such affidavit
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`shall be subject to contradiction or explanation by the affidavits of Applicant and other persons.")
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`Should the Examiner rely on a personal affidavit to satisfy his burden under Graham, Applicant
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`requests that any rejections based on the Examiner's personal knowledge be made non—final so that
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`Applicant may have opportunity to adequately address Examiner's affidavit. See MPEP Section
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`706 ("The goal of examination is to clearly articulate any rejection early in the prosecution process
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`so that Applicant has the opportunity to provide evidence of patentability and otherwise reply
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`completely at the earliest opportunity.").
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`Without waiving the request for a proper rejection, for the same reasons as previously
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`indicated, Work fails to teach either singly or in combination the utilization of the structured
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`profile criteria provided by the employer related to the candidate being sought as specified in
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`claims 13—14, 19 and 24—25 and therefore the 103 rejection is improper.
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`Claims 18, 21—23 and 26—31 are rejected as being unpatentable over Work in view of
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`Kurzius (6,385,620). Again, Work does not disclose either singly or in combination with Kurzius
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`the utilization of the threshold requirement or structured profile criteria provided by the employer
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`related to the candidate being sought.
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`Kurzius discloses a system for matching job descriptions with candidate profiles and for
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`enabling employers to search candidate profiles for suitable employees or enabling candidates to
`
`21
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`Monster Worldwide, Inc. Exhibit 1014 (p.21/22)
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`Monster Worldwide, Inc. Exhibit 1014 (p.21/22)
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`

`

`Application No. 12/846,635
`Reply Dated June 28, 2012
`Reply to Office Action of March 1, 1012
`
`search for suitable job descriptions. Kurzius receives information based upon a candidate survey
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`which is provided by a candidate or from candidate data from third party sources. The term
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`“threshold” occurs in only one paragraph in Kurzius: at column 24 lines 10—20 which refers to the
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`third party sources which may be used to obtain additional candidate data. In that case, the data is
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`obtained from sources other than the employer itself. Because Work does not disclose or suggest
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`the limitations of Claim 12, including threshold requirement or storing the candidate attributes in a
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`structured format, it does not either alone or in combination with Kurzius render claim 12, 21 or 29
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`unpatentable nor the remaining claims which depend therefrom.
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`The Examiner is invited to contact applicant's attorney at the telephone number
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`listed below in the event that prosecution of this application can be expedited thereby.
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`Respectfully submitted,
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`Marc Vianello
`
`By / Arthur K. Shafier/
`Arthur K. Shaffer
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`Reg. No. 50,257
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`Intellectual Property Center, LLC
`7101 College Blvd.
`Suite 1520
`
`Overland Park, KS 66210
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`Telephone (913) 345—0900
`Facsimile (913) 345—0903
`
`22
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`Monster Worldwide, Inc. Exhibit 1014 (p.22/22)
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`Monster Worldwide, Inc. Exhibit 1014 (p.22/22)
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`