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I am surprised to see the claims made in US patent 6544042. There are multiple open-source LMS and proprietory apps that help administer online tests. Can the claims in this learning express claims co-exist with what is readily available?

The patent's priority date is April 14, 2000 (from a provisional application).

Here are claims 1 and 2 for illustration. Note that other claims introduce significant variation.

1. A system comprising:

  • a server, the server:
  • receiving, from a client, a request to take an on-line practice test for a desired standardized test;
  • providing a client, via a remote connection, with the on-line practice test;
  • receiving, from the client, a set of answers for the on-line practice test;
  • calculating a score for the client on the practice test;
  • recommending an appropriate study aid to the client based upon the score;
  • receiving, from the client, a request to purchase the recommended study aid; and
  • selling the recommended study aid to the client.

2. The system as recited in claim 1 wherein the server:

  • generates a first set of test questions relating to a first skill or content area, and storing said first set of test questions in a database;
  • associates, in the database, a first study aid product with said first set of test questions, said first study aid product being related to said first skill or content area;
  • generates a second set of test questions relating to a second skill or content area, and storing said second set of test questions in the database;
  • associates, in the database, a second study aid product with said second set of test questions, said second study aid product being related to said second skill or content area;
  • assembles a practice test, the practice test including at least a portion of one of the first and second sets of question, the practice test being stored in the database; and
  • associates, in the database, a cut-off score for the practice test.
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I don't understand the question being asked here. Are you looking for prior art or wondering if current online teaching tools infringe? –  Jay Smith-Hill Oct 30 '12 at 19:32

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