DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 44 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 8472915 in view of Karnik (U.S. PG-PUB NO. 2002/0101961) and further in view of Lang (U.S. PG-PUB NO. 2002/0135615).
-Regarding claim 44, U.S. Patent No. 8472915 teaches a mobile device, comprising: a camera unit, adapted to obtain image data and audio data (col. 8 lines 19-20); a location unit, adapted to obtain location data (col. 8 line 21); a transmitting unit, adapted to simultaneously transmit to an owner-specified location, the image data, the audio data, and the location data (col. 8 line 22-24); and a panic button, adapted to, when activated, performs at least one of the following panic button functions: (1) dialing a public or private network for emergency purposes or (2) activating the transmitting unit (col. 8 lines 26-28).
U.S. Patent No. 8472915 is silent to teaching that data includes a name and a description of the owner of the mobile device; wherein the panic button is activated by a depressing of the panic button together with an emergency touchpad picture such that no panic button function is activated unless both buttons are depressed; and wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches data includes a name and a description of the owner of the mobile device (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the panic button is activated by a depressing of the panic button together with another button such that no panic button function is activated unless both buttons are depressed (pressing a designated emergency button or by dialing a predetermined sequence of keys on a keypad of the communications device, paragraph 14); and wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of U.S. Patent No. 8472915 with the teaching of Karnik in order to improve emergency calls.
The combination is silent to teaching that the another button being an emergency touchpad picture. However, the claimed limitation is well known in the art as evidenced by Lang.
In the same field of endeavor, Lang teaches a control images and the display 106 includes touch-sensitive input elements which provide activation signals to the device 102 when the display 106 is contacted by the user (paragraph 32).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Lang in order to provide assigning multiple functions to the input elements, the number of input elements on the device is decreased and more room is made available for a display screen.
Claims 51, and 56 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 8472915 in view of Karnik (U.S. PG-PUB NO. 2002/0101961) and further in view of Lang (U.S. PG-PUB NO. 2002/0135615).
-Regarding claim 51, U.S. Patent No. 8472915 discloses a mobile device, comprising: a camera for obtaining image data and audio data (col. 8 lines 17-20); a location unit for obtaining location data (col. 8 line 21); a transmitter for simultaneously transmitting the image data, the audio data, and the location data (col. 8 lines 22-24); and a panic button for activating the camera, the location unit, and the transmitter, and simultaneously sending to an owner-specified location when the panic button is activated (col. 8 lines 26-29), wherein the panic button is activated by a series of depressing of the panic button (col. 8 lines 47-49).
U.S. Patent No. 8472915 is silent to teaching that sending the name and the description of the owner of the mobile device to an owner-specified location; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches sending the name and the description of the owner of the mobile device to an owner-specified location (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of U.S. Patent No. 8472915 with the teaching of Karnik in order to improve emergency calls.
The combination is silent to teaching that the another button being an emergency touchpad picture. However, the claimed limitation is well known in the art as evidenced by Lang.
In the same field of endeavor, Lang teaches a control images and the display 106 includes touch-sensitive input elements which provide activation signals to the device 102 when the display 106 is contacted by the user (paragraph 32).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Lang in order to provide assigning multiple functions to the input elements, the number of input elements on the device is decreased and more room is made available for a display screen.
-Regarding claim 56, U.S. Patent No. 8472915 teaches a mobile device, comprising: a camera unit, adapted to obtain image data and audio data (col. 8 lines 17-20); a location unit, adapted to obtain location data (col. 8 line 21); a transmitting unit, adapted to simultaneously transmit the image data, the audio data, and the location data as emergency information (col. 8 lines 22-24); and a panic button, which, when activated, perform at least one of the following panic button functions: (1) activating the transmitting unit to send the emergency information and the specific information to the owner-specified location, or (2) dialing a public or private network for emergency purposes (col. 8 lines 26-29); wherein the panic button is activated by a series of depressings of the panic button (col. 8 lines 47-49).
U.S. Patent No. 8472915 is silent to teaching that the owner identification information includes a name and a description of the owner of the mobile device; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches the owner identification information includes a name and a description of the owner of the mobile device (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of U.S. Patent No. 8472915 with the teaching of Karnik in order to improve emergency calls.
The combination is silent to teaching that the another button being an emergency touchpad picture. However, the claimed limitation is well known in the art as evidenced by Lang.
In the same field of endeavor, Lang teaches a control images and the display 106 includes touch-sensitive input elements which provide activation signals to the device 102 when the display 106 is contacted by the user (paragraph 32).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Lang in order to provide assigning multiple functions to the input elements, the number of input elements on the device is decreased and more room is made available for a display screen.
Claims 58 and 70 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 8472915 in view of Karnik (U.S. PG-PUB NO. 2002/0101961).
-Regarding claim 58, U.S. Patent No. 8472915 teaches an emergency safety device (col. 8 lines 17-18), comprising: a location unit, adapted to obtain location data (col. 8 line 21); a transmitting unit, adapted to simultaneously transmit the location data to an owner-specified location via text message (col. 8 lines 57-59); and a panic button, adapted to activate the transmitting unit when activated (col. 8 lines 26-28), wherein the panic button is activated by a button sequence (col. 8 lines 47-49).
U.S. Patent No. 8472915 is silent to teaching that sending the name and the description of the owner of the mobile device to an owner-specified location; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches sending the name and the description of the owner of the mobile device to an owner-specified location (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of U.S. Patent No. 8472915 with the teaching of Karnik in order to improve emergency calls.
-Regarding claim 70, U.S. Patent No. 8472915 teaches a mobile device, comprising: a camera unit, adapted to obtain an image data and an audio data (col. 8 lines 17-20); a location unit, adapted to obtain a location data (col. 8 line 21); a transmitting unit, adapted to, when activated, simultaneously transmit to an owner-specified location, as emergency information the image data, the audio data (col. 8 lines 22-24); and a panic button, adapted to activate the camera unit, the location unit, and the transmitting unit (col. 8 lines 26-29); wherein the panic button is activated by a series of depressings of the panic button (col. 8 lines 47-49).
U.S. Patent No. 8472915 is silent to teaching that the owner identification information includes a name and a description of the owner of the mobile device; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches the owner identification information includes a name and a description of the owner of the mobile device (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of U.S. Patent No. 8472915 with the teaching of Karnik in order to improve emergency calls.
Claims 44, 51, 56, 58 and 70 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11265404 in view of Karnik (U.S. PG-PUB NO. 2002/0101961).
-Regarding claim 44, U.S. Patent No. 11265404 discloses a mobile device, comprising: a camera unit, adapted to obtain image data and audio data (col. 10 lines 5-6); a location unit, adapted to obtain location data (col. 10 line 21); a transmitting unit, adapted to simultaneously transmit to an owner-specified location, the image data, the audio data, and the location data (col. 10 lines 22-25); and a panic button, adapted to, when activated, performs at least one of the following panic button functions: (1) dialing a public or private network for emergency purposes or (2) activating the transmitting unit (col. 10 lines 30-36), wherein the panic button is activated by a depressing of the panic button together with an emergency touchpad picture such that no panic button function is activated unless both buttons are depressed (col. 10 lines 47-49).
U.S. Patent No. 11265404 is silent to teaching that sending the name and the description of the owner of the mobile device to an owner-specified location; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches sending the name and the description of the owner of the mobile device to an owner-specified location (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of U.S. Patent No. 11265404 with the teaching of Karnik in order to improve emergency calls.
-Regarding claim 51, U.S. Patent No. 11265404 discloses a mobile device, comprising: a camera for obtaining image data and audio data (col. 10 lines 5-6); a location unit for obtaining location data (col. 10 line 21); a transmitter for simultaneously transmitting the image data, the audio data, the location data (col. 10 lines 22-25); and a panic button for activating the camera, the location unit, and the transmitter, and simultaneously sending the image data, the audio data, the location data to an owner-specified location when the panic button is activated (col. 10 lines 30-36), wherein the panic button is activated by a series of depressings of the panic button (col. 10 lines 41-43) and pressing an emergency touchpad picture (col. 10 lines 47-49).
U.S. Patent No. 11265404 is silent to teaching that sending the name and the description of the owner of the mobile device to an owner-specified location; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches sending the name and the description of the owner of the mobile device to an owner-specified location (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of U.S. Patent No. 11265404 with the teaching of Karnik in order to improve emergency calls.
-Regarding claim 56, U.S. Patent No. 11265404 discloses a mobile device, comprising: a camera unit, adapted to obtain image data and audio data (col. 10 lines 5-6); a location unit, adapted to obtain location data (col. 10 line 21); a transmitting unit, adapted to simultaneously transmit to an owner-specified location the image data, the audio data, and the location data as emergency information and specific information including owner identification information (col. 10 lines 22-25); and a panic button, which, when activated, perform at least one of the following panic button functions: (1) activating the transmitting unit to send the emergency information and the specific information to the specified location, or (2) dialing a public or private network for emergency purposes (col. 10 lines 30-36), wherein the panic button is activated by a series of depressings of the panic button (col. 10 lines 41-43) and pressing an emergency touchpad picture (col. 10 lines 47-49).
U.S. Patent No. 11265404 is silent to teaching that sending the name and the description of the owner of the mobile device to an owner-specified location; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches sending the name and the description of the owner of the mobile device to an owner-specified location (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of U.S. Patent No. 11265404 with the teaching of Karnik in order to improve emergency calls.
-Regarding claim 58, U.S. Patent No. 11265404 discloses an emergency safety device, comprising: a location unit, adapted to obtain location data (col. 10 line 21); a transmitting unit, adapted to simultaneously transmit the location data to an owner-specified location via text message (col. 10 lines 22-25); and a panic button, adapted to activate the transmitting unit when activated (col. 10 lines 30-36).
U.S. Patent No. 11265404 is silent to teaching that sending the name and the description of the owner of the mobile device to an owner-specified location; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches sending the name and the description of the owner of the mobile device to an owner-specified location (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of U.S. Patent No. 11265404 with the teaching of Karnik in order to improve emergency calls.
-Regarding claim 70, U.S. Patent No. 11265404 discloses a mobile device, comprising: a camera unit, adapted to obtain an image data and an audio data (col. 10 lines 5-6); a location unit, adapted to obtain a location data (col. 10 line 21); a transmitting unit, adapted to, when activated, simultaneously transmit to an owner- specified location, as emergency information the image data, the audio data, and the location data along with a specific information including owner identification information (col. 10 lines 22-25); and a panic button, adapted to activate the camera unit, the location unit, and the transmitting unit (col. 10 lines 30-36); wherein the panic button is activated by a series of depressings of the panic button (col. 10 lines 47-49).
U.S. Patent No. 11265404 is silent to teaching that sending the name and the description of the owner of the mobile device to an owner-specified location; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches sending the name and the description of the owner of the mobile device to an owner-specified location (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of U.S. Patent No. 11265404 with the teaching of Karnik in order to improve emergency calls.
Claims 45-49, 52-55, 57, 59 and 71-79 are rejected on the ground of nonstatutory obviousness-type double patenting as being dependent upon a rejected base claim, but would be withdrawn from the rejection if their base claims overcome the rejection by the timely filing of a terminal disclaimer.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 44-45 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Walker (GB 2401752A) in view of Karnik (U.S. PG-PUB NO. 2002/0101961), Oxley (U.S. PG-PUB NO. 2002/0027975) and further in view of Lang (U.S. PG-PUB NO. 2002/0135615).
-Regarding claim 44, Walker discloses a mobile device (handheld mobile communications device 1, FIG. 1-3), comprising: a camera unit, adapted to obtain image data and audio data (camera 19, 26, FIG. 1-3); a location unit, adapted to obtain location data (GPS, A-GPS, pages 17-19); a transmitting unit, adapted to simultaneously transmit to an owner-specified location, the image data, the audio data, the location data (the handheld device 1 communicates with the data storage facility 7 through the “always connected” wireless connection to the cellular network 4, page 22-23); and a panic button, adapted to, when activated, performs at least one of the following panic button functions: (1) dialing a public or private network for emergency purposes or (2) activating the transmitting unit (eyewitness button 12, page 21).
Walker is silent to teaching that sending the name and the description of the owner of the mobile device to an owner-specified location; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches sending the name and the description of the owner of the mobile device to an owner-specified location (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Walker with the teaching of Karnik in order to improve emergency calls.
The combination is silent to teaching that wherein the panic button is activated by a depressing of the panic button together with another button such that no panic button function is activated unless both buttons are depressed. However, the claimed limitation is well known in the art as evidenced by Oxley.
In the same field of endeavor, Oxley teaches wherein the panic button is activated by a depressing of the panic button together with another button such that no panic button function is activated unless both buttons are depressed (paragraph 58).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Oxley in order to protect against accidental activation.
The combination is silent to teaching that the another button being an emergency touchpad picture. However, the claimed limitation is well known in the art as evidenced by Lang.
In the same field of endeavor, Lang teaches a control images and the display 106 includes touch-sensitive input elements which provide activation signals to the device 102 when the display 106 is contacted by the user (paragraph 32).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Lang in order to provide assigning multiple functions to the input elements, the number of input elements on the device is decreased and more room is made available for a display screen.
-Regarding claim 45, the combination further discloses the transmitting unit transmitting a time and date stamp (Walker, timestamp, page 24).
Claim 46, 47, and 49 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Walker (GB 2401752A) in view of Karnik (U.S. PG-PUB NO. 2002/0101961), Oxley (U.S. PG-PUB NO. 2002/0027975), Lang (U.S. PG-PUB NO. 2002/0135615) and further in view of Van Camp (U.S. PATENT NO. 7,515,900).
-Regarding claim 46, the combination is silent to teaching that the transmitting unit transmitting a pre-recorded personal warning message if the panic button is activated during a predetermined time period. However, the claimed limitation is well known in the art as evidenced by Van Camp.
In the same field of endeavor, Van Camp teaches the specific information includes a pre-recorded personal warning message if the panic button is activated during a predetermined time period (message recording 1310, FIG. 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Van Camp in order to provide additional security feature.
-Regarding claim 47, the combination further discloses the panic button is silent (Van Camp, col. 14, lines 31-54).
-Regarding claim 49, the combination further discloses the panic button activates an audible alarm (Van Camp, col. 11 lines 40-66).
Claim 48 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Walker (GB 2401752A) in view of Karnik (U.S. PG-PUB NO. 2002/0101961), Oxley (U.S. PG-PUB NO. 2002/0027975), Van Camp (U.S. PATENT NO. 7,515,900), Lang (U.S. PG-PUB NO. 2002/0135615) and further in view of Lin (U.S. PG-PUB NO. 2006/0068752).
Regarding claim 48, the combination further discloses the panic button activates an audible warning message (Van Camp, col. 11 lines 40-66). The combination is silent to teaching that the audible warning message includes words.
However, the claimed limitation is well known in the art as evidenced by Lin.
In the same field of endeavor, Lin teaches the audible warning message includes words (paragraph 25).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Lin in order to provide more information in the warning message.
Claim 51, 52, 55-57, 72 and 73 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Walker (GB 2401752A) in view of Karnik (U.S. PG-PUB NO. 2002/0101961), Kim (WO 2004/056000 A1) and further in view of Lang (U.S. PG-PUB NO. 2002/0135615).
-Regarding claim 51, Walker discloses a mobile device (handheld mobile communications device 1, FIG. 1-3), comprising: a camera for obtaining image data and audio data (camera 19, 26, FIG. 1-3); a location unit for obtaining location data (GPS, A-GPS, pages 17-19); a transmitter for simultaneously transmitting the image data, the audio data, the location data (the handheld device 1 communicates with the data storage facility 7 through the “always connected” wireless connection to the cellular network 4, page 22-23); and a panic button for activating the camera, the location unit, and the transmitter, and simultaneously sending the image data, the audio data, the location data to an owner-specified location when the panic button is activated (eyewitness button 12, page 21).
Walker is silent to teaching that sending the name and the description of the owner of the mobile device to an owner-specified location; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches sending the name and the description of the owner of the mobile device to an owner-specified location (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Walker with the teaching of Karnik in order to improve emergency calls.
The combination is silent to teaching that wherein the panic button is activated by a series of depressings of the panic button. However, the claimed limitation is well known in the art as evidenced by Kim.
In the same field of endeavor, Kim teaches wherein the panic button is activated by a series of depressings of the panic button (see page 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Kim in order to prevent accidentally trigger the emergency mode.
The combination is silent to teaching that the another button being an emergency touchpad picture. However, the claimed limitation is well known in the art as evidenced by Lang.
In the same field of endeavor, Lang teaches a control images and the display 106 includes touch-sensitive input elements which provide activation signals to the device 102 when the display 106 is contacted by the user (paragraph 32).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Lang in order to provide assigning multiple functions to the input elements, the number of input elements on the device is decreased and more room is made available for a display screen.
-Regarding claim 52, the combination further discloses when the panic button is activated a public or private network for emergency purposes is dialed (Walker, page 22).
-Regarding claim 55, the combination further discloses a number of depressings of the panic button to activate the panic button is three (Kim, page 13).
-Regarding claim 56, Walker discloses a mobile device (handheld mobile communications device 1, FIG. 1-3), comprising: a camera unit, adapted to obtain image data and audio data (camera 19, 26, FIG. 1-3); a location unit, adapted to obtain location data (GPS, A-GPS, pages 19-21); a transmitting unit, adapted to simultaneously transmit to an owner-specified location the image data, the audio data, and the location data as emergency information and specific information including owner identification information (the handheld device 1 communicates with the data storage facility 7 through the “always connected” wireless connection to the cellular network 4, page 22-23); and a panic button, which, when activated, perform at least one of the following panic button functions: (1) activating the transmitting unit to send the emergency information and the specific information to the owner-specified location, or (2) dialing a public or private network for emergency purposes (eyewitness button 12, page 21).
Walker is silent to teaching that sending the name and the description of the owner of the mobile device to an owner-specified location; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches sending the name and the description of the owner of the mobile device to an owner-specified location (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Walker with the teaching of Karnik in order to improve emergency calls.
The combination is silent to teaching that wherein the panic button is activated by a series of depressings of the panic button. However, the claimed limitation is well known in the art as evidenced by Kim.
In the same field of endeavor, Kim teaches wherein the panic button is activated by a series of depressings of the panic button (see page 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Kim in order to prevent accidentally trigger the emergency mode.
The combination is silent to teaching that pressing an emergency touchpad picture. However, the claimed limitation is well known in the art as evidenced by Lang.
In the same field of endeavor, Lang teaches a control images and the display 106 includes touch-sensitive input elements which provide activation signals to the device 102 when the display 106 is contacted by the user (paragraph 32).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Lang in order to provide assigning multiple functions to the input elements, the number of input elements on the device is decreased and more room is made available for a display screen.
-Regarding claim 57, the combination further discloses the emergency key button 32 is manipulated a plurality of time, e.g., three times (Kim, page 13). Although the combination does not specifically disclose a number of depressings of the panic button to activate the panic button is five, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality number of depressings to be five times based design preference in order to prevent accidentally trigger the emergency mode.
-Regarding claim 72, the combination further discloses at least one of the depressings of the panic button includes touching an emergency touchpad picture (Lang, paragraph 32).
-Regarding claim 73, the combination further discloses at least one of the depressings of the panic button includes simultaneously depressing a physical button and an emergency touchpad picture (Kim, paragraph 13; Lang, paragraph 32).
Claim 53 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Walker (GB 2401752A) in view of Karnik (U.S. PG-PUB NO. 2002/0101961), Kim (WO 2004/056000 A1), Lang (U.S. PG-PUB NO. 2002/0135615) and further in view of Boling (U.S. PATENT NO. 6,044,257).
-Regarding claim 53, the combination is silent to teaching that a safety switch that, upon being moved into position, readies the panic button to contact the emergency dispatch center when the panic button is activated. However, the claimed limitation is well known in the art as evidenced by Boling.
In the same field of endeavor, Boling teaches a safety switch that, upon being moved into position, readies the panic button to contact the emergency dispatch center when the panic button is activated (flip to cover, see abstract).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Boling in order to minimize the button being accidentally pressed.
Claim 54 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Walker (GB 2401752A) in view of Karnik (U.S. PG-PUB NO. 2002/0101961), Kim (WO 2004/056000 A1), Lang (U.S. PG-PUB NO. 2002/0135615) and further in view of Lin (U.S. PG-PUB NO. 2006/0068752).
-Regarding claim 54, the combination is silent to teaching that the specific information includes a pre-recorded emergency message.
However, the claimed limitation is well known in the art as evidenced by Lin.
In the same field of endeavor, Lin teaches the specific information includes a pre-recorded emergency message (paragraph 25).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Lin in order to provide more information in the warning message.
Claim 58 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Walker (GB 2401752A) in view of Karnik (U.S. PG-PUB NO. 2002/0101961).
-Regarding claim 58, Walker discloses an emergency safety device (handheld mobile communications device 1, FIG. 1-3), comprising: a location unit, adapted to obtain location data (GPS, A-GPS, pages 17-19); a transmitting unit, adapted to simultaneously transmit the location data to an owner-specified location via text message; and a panic button, adapted to activate the transmitting unit when activated (the handheld device 1 communicates with the data storage facility 7 through the “always connected” wireless connection to the cellular network 4, page 22-23; text message, page 19).
Walker is silent to teaching that sending the name and the description of the owner of the mobile device to an owner-specified location; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches sending the name and the description of the owner of the mobile device to an owner-specified location (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Walker with the teaching of Karnik in order to improve emergency calls.
Claim 59 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Walker (GB 2401752A) in view of Karnik (U.S. PG-PUB NO. 2002/0101961) and further in view of Parmar (WO 2005/036487).
-Regarding claim 59, the combination is silent to teaching that a self-defense mechanism comprising at least one of a vial containing pepper spray, a vial containing mace, a vail containing dye, a vial containing a foaming agent, a vial containing a stench ointment, and a stun gun; wherein activation of the self-defense mechanism also activates the panic. However, the claimed limitation is well known in the art as evidenced by Parmar.
In the same field of endeavor, Parmar teaches a self-defense mechanism comprising at least one of a vial containing pepper spray, a vial containing mace, a vail containing dye, a vial containing a foaming agent, a vial containing a stench ointment, and a stun gun (pepper spray, page 12); wherein activation of the self-defense mechanism also activates the panic (actuator 39, FIG. 4; and corresponding text).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Parmar in order to provide improve self-defense mechanism during emergency.
Claim 62 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Parmar (WO 2005/036487) in view of Walker (GB 2401752A), Karnik (U.S. PG-PUB NO. 2002/0101961), and further in view of Kim (WO 2004/056000 A1).
-Regarding claim 62, Parmar discloses a mobile device (mobile terminal 17, FIG. 4) comprising: a controller (controller 59, FIG. 4); a receiver electrically connected to the controller (GPS module 63, FIG. 4), a transmitter electrically connected to the controller (mobile network wireless interface, FIG. 4); a memory electrically connected to the controller (memory 67, FIG. 4); causes the controller to retrieve an identification from the memory (identification information retrieved from the memory 45, page17), to activate the receiver to obtain a location, and to activate the transmitter to simultaneously transmit to an owner-specified location the location from the receiver (the mobile terminal transmits the message to the monitoring center along with any other relevant information retrieved from the terminal, such as, data and time of actuator operation and the geographic position of the terminal, page 16), and the identification from the memory (identification information retrieved from the memory 45, page17).
Parmar is silent to teaching a camera electrically connected to the controller; and, a panic button electrically connected to the controller; wherein when the panic button is depressed in a series of depressions the panic button to activate the camera to take a picture, and transmit the picture from the camera. However, the claimed limitation is well known in the art as evidenced by Walker.
In the same field of endeavor, Walker teaches a camera electrically connected to the controller (camera 19, 26, FIG. 1-3); and, a panic button electrically connected to the controller (eyewitness button 12, FIG. 2); wherein when the panic button is depressed to activate the camera to take a picture, and transmit the picture from the camera (eyewitness button 12, page 21).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Parmar with the teaching of Walker in order to reduce the incidence of intimidation, bullying and victimization, and particularly crimes of violence against individuals or crimes which can lead to violence.
The combination is silent to teaching that sending the name and the description of the owner of the mobile device to an owner-specified location; wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches sending the name and the description of the owner of the mobile device to an owner-specified location (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Karnik in order to improve emergency calls.
The combination is silent to teaching that wherein the panic button is activated by a series of depressings of the panic button. However, the claimed limitation is well known in the art as evidenced by Kim.
In the same field of endeavor, Kim teaches wherein the panic button is activated by a series of depressings of the panic button (see page 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Kim in order to prevent accidentally trigger the emergency mode.
Claim 70 and 71 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Walker (GB 2401752A) in view of Karnik (U.S. PG-PUB NO. 2002/0101961), and further in view of Kim (WO 2004/056000 A1).
-Regarding claim 70, Walker discloses a mobile device (handheld mobile communications device 1, FIG. 1-3), comprising: a camera unit, adapted to obtain an image data and an audio data (camera 19, 26, FIG. 1-3); a location unit, adapted to obtain a location data (GPS, A-GPS, pages 17-19); a transmitting unit, adapted to, when activated, simultaneously transmit to an owner-specified location, as emergency information the image data, the audio data, and the location data (the handheld device 1 communicates with the data storage facility 7 through the “always connected” wireless connection to the cellular network 4, page 22-23) and a panic button, adapted to activate the camera unit, the location unit, and the transmitting unit (eyewitness button 12, page 21).
Walker is silent to teaching that along with a specific information including owner identification information, wherein the owner identification information is a name and a description of the owner of the mobile device; wherein the owner-specified location is specified prior to the panic button being depressed. However, the claimed limitation is well known in the art as evidenced by Karnik.
In the same field of endeavor, Karnik teaches along with a specific information including owner identification information, wherein the owner identification information is a name and a description of the owner of the mobile device (user's name, address, telephone number, medical information and communications device capabilities, paragraph 13); wherein the owner-specified location is specified by the owner of the mobile device prior to depressing the panic button (emergency call service (200), paragraph 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Walker with the teaching of Karnik in order to improve emergency calls.
The combination is silent to teaching that wherein the panic button is activated by a series of depressings of the panic button. However, the claimed limitation is well known in the art as evidenced by Kim.
In the same field of endeavor, Kim teaches wherein the panic button is activated by a series of depressings of the panic button (see page 13).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Kim in order to prevent accidentally trigger the emergency mode.
-Regarding claim 71, the combination further discloses the specific information includes a pre-recorded message (Karnik, paragraph 13).
Claim 77 and 78 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Walker (GB 2401752A) in view of Karnik (U.S. PG-PUB NO. 2002/0101961), Kim (WO 2004/056000 A1) and further in view of Van Camp (U.S. PATENT NO. 7,515,900).
-Regarding claim 77, the combination is silent to teaching that the panic button is silent. However, the claimed limitation is well known in the art as evidenced by Van Camp.
In the same field of endeavor, Van Camp teaches the panic button is silent (col. 14, lines 31-54).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Van Camp in order to provide additional security feature.
-Regarding claim 78, the combination further discloses the panic button activates an audible alarm (Van Camp, col. 11 lines 40-66).
Claim 79 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Walker (GB 2401752A) in view of Karnik (U.S. PG-PUB NO. 2002/0101961), Kim (WO 2004/056000 A1) and further in view of Boling (U.S. PATENT NO. 6,044,257).
-Regarding claim 79, the combination is silent to teaching that a safety switch having two positions, wherein when the safety switch is in one position it prevents the panic button from being activated, and when the safety switch in another position it allows the panic button to be activated. However, the claimed limitation is well known in the art as evidenced by Boling.
In the same field of endeavor, Boling teaches a safety switch having two positions, wherein when the safety switch is in one position it prevents the panic button from being activated, and when the safety switch in another position it allows the panic button to be activated (flip to cover, see abstract).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Boling in order to minimize the button being accidentally pressed.
Response to Arguments
Applicant's arguments filed 4/9/2026 have been fully considered but they are not persuasive.
Regarding Double Patenting, applicant argues that Karnik discloses the use of the user’s information, but does not transmit that information “simultaneously” with the other claimed information. Applicant further argues that the language cited from Karnik makes no mention of “together” depressing both a panic button and a touchpad picture, nor does it disclose depressing more than a single button at a time.
The examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, applicant's argument that Karnik does not transmit the user's information "simultaneously" with the other claimed information is not persuasive because it is directed to a teaching for which Karnik was never relied upon. The rejection does not rest on Karnik for the simultaneous-transmission limitation. That limitation “a transmitting unit adapted to, when activated, simultaneously transmit to an owner-specified location the image data, the audio data, and the location data” is taught by U.S. Patent No. 8472915 in col. 8 lines 22-24. Karnik is relied upon only as a supplemental teaching for two narrower features that ‘915 patent’s claims does not expressly disclose: (1) that the information sent includes the owner's identifying/specific information (i.e., Karnik's registration data, which preferably contains the user's name, address, telephone number, medical information, and communications-device capabilities (paragraph 13)); and (2) that “the panic button is activated by a depressing of the panic button together with an emergency touchpad picture such that no panic button function is activated unless both buttons are depressed”, which is also taught by Karnik (pressing a designated emergency button or by dialing a predetermined sequence of keys on a keypad of the communications device in paragraph 14) since “together” does not require simultaneous depression but only that both buttons be depressed, as satisfied by Karnik's predetermined key sequence.
Regarding to 35 U.S.C. §103, applicant argues that none of the cited references discloses teach or suggest simultaneously transmitting an owner-specified location, the image data, the audio data, the location data, and a name and a description of the owner of the mobile device.
The examiner respectfully disagrees. One cannot establish nonobviousness by attacking the references individually, or by arguing that no one reference discloses all of the claimed limitations, where the rejection is predicated on a combination of references. See In re Keller, 642 F.2d 413 (CCPA 1981); In re Merck & Co., 800 F.2d 1091 (Fed. Cir. 1986). The proper inquiry is what the combined teachings of Walker and Karnik would have suggested to one of ordinary skill in the art. The simultaneous-transmission feature is taught by Walker. Walker discloses that the handheld device 1 communicates with the data storage facility 7 over an "always connected" wireless connection to the cellular network 4 (pages 22–23), such that the image data (camera 19, 26), the audio data (page 8), and the location data (GPS/A-GPS, pages 17–19) are transmitted together to the device-associated facility when the eyewitness button 12 is activated (page 21). Walker thus supplies the simultaneous transmission of the image data, the audio data, and the location data in full. Karnik supplies the two remaining features that Walker does not expressly disclose: (1) the owner's identifying information — Karnik's registration data preferably contains the user's name, address, telephone number, medical information, and communications-device capabilities (paragraph 13), which corresponds to the claimed name and description of the owner; and (2) the owner-specified destination (i.e., Karnik's user, prior to any emergency, registers for emergency call service and enters that data at the emergency call site (200) (paragraph 13)), so that the destination is specified by the owner in advance. Karnik is therefore relied upon for what owner information is sent and for the prior specification of the destination, not for the manner or timing of transmission. When Karnik's owner-identification information is incorporated into Walker's already-simultaneous transmission, the combination transmits, to the pre-specified owner-specified location and at the same time, the image data, the audio data, the location data, and the name and description of the owner. Accordingly, the combination teaches and suggests every limitation of the claim, including the simultaneous transmission of all of the recited information, and the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PING Y HSIEH whose telephone number is (571)270-3011. The examiner can normally be reached Monday-Friday, 9am-4pm.
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/PING Y HSIEH/Primary Examiner, Art Unit 2664
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