Ex Parte Sketch - Page 11

               Appeal No. 2007-0384                                                                   
               Application No. 09/681,784                                                             

               4.  SABA SOFTWARE WITH TUTTLE                                                          
                     Claims 11, 12, and 14 stand rejected under 35 U.S.C. § 103 as obvious            
               over Saba’s software in view of Tuttle.3  The Examiner argues that “Tuttle             
               teaches a computer-based system that creates a database of assessments and             
               analyses of skills of the workforce that can be analyzed to determine                  
               capability gaps that can be used in recruiting and training decisions.”                
               (Answer 12.)  In particular, the Examiner argues that Tuttle describes                 
               “[m]ining/ searching online assessment data to select current employees for            
               employment opportunities” (id.).  The Examiner concludes that it would                 
               have been obvious “to combine the teachings of Saba and Tuttle to enable a             
               system that could assess the capabilities of . . . employees and identify              
               individual[s] or groups of employees to be selected for employment                     
               opportunities and tasks for the advantage of convenience in a single system”           
               (id. at 13).                                                                           
                     Tuttle describes a database containing the “technical skills of                  
               workforce employees” (col. 1, ll. 25-29).  Tuttle states that this database can        
               be used to generate reports that can be used to match employee skills with             
               workloads (col. 1, ll. 29-32).  Thus, Tuttle describes a method in which a             
               database is mined “to select current employees for a particular employment             
               opportunity,” as recited in claim 12.                                                  
                     Through the online assessment (see Reference D), Saba’s software                 
               provides a database of functional competency gaps, as well as functional               
               competencies, of employees.  Thus, the database contains information                   
               similar to the database described in Tuttle.  We conclude that the Examiner            
                                                                                                     
               3 Tuttle, U.S. Patent No. 6,591,246 B1, issued July 8, 2003.                           

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