Prosecution Insights
Last updated: October 04, 2026
Application No. 18/094,950

SYSTEMS AND METHODS FOR PROVIDING SITUATIONAL AWARENESS TO FIRST RESPONDERS

Non-Final OA §103
Filed
Jan 09, 2023
Priority
Apr 19, 2019 — provisional 62/836,548 +2 more
Examiner
SCHNEIDER, JOSHUA D
Art Unit
3626
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Nextivity, Inc.
OA Round
5 (Non-Final)
36%
Grant Probability
At Risk
5-6
OA Rounds
0m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants only 36% of cases
36%
Career Allowance Rate
44 granted / 122 resolved
-15.9% vs TC avg
Strong +45% interview lift
Without
With
+44.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
18 currently pending
Career history
149
Total Applications
across all art units

Statute-Specific Performance

§101
27.7%
-12.3% vs TC avg
§103
39.7%
-0.3% vs TC avg
§102
13.2%
-26.8% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 122 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim 1-7 are pending. Claim 1 is amended. No claims are added or cancelled. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission has been entered. Response to Arguments Applicant's arguments with respect to section 101 have been fully considered and are persuasive. As argued by Applicant, the added limitations reflect technical improvements that integrate the abstract idea into a practical application. Applicant’s arguments with respect to Section 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2016/0119424 to Kane et al. in view of “Picor introduces QR codes to market commercial real estate” by Roger Yohem (retrieved from https://www.picor.com/picor-introduces-qr-codes-market-commercial-real-estate/), U.S. Patent Application Publication No. 20190172165 to Verteletskyi et al. and U.S. Patent Application Publication No. 20170131105 to Buscemi. With regards to claim 1, Kane et al. teaches a server computer (paragraph [0053], “Like the STING system 11, the SWARM system 10 is based on a distributed software architecture comprising an administrative function, an information management function and an incident management function which are all server based applications and displayed on internet browser capable devices connected to the server.”) having a memory configured to receive and store building data about the building (paragraph [0060], “The database 24 stores all of the pertinent system and user data that the various applications would use from time to time in operation of the system. Information in the database 24 is accessible to the clients through the server 14 utilizing the SWARM Services software 20 in order to access and share information between and amongst users 18.”), the building data including a building identifier and a floorplan of the building (paragraph [0130], “Another embodiment of the system is to look at individual or overlaid floor plans corresponding to multiple floors. Users who are responding personnel (e.g., school security 18-4) show up with their transportation state and call sign on the icon, and users (e.g., school faculty members 18-2 or students 18-3) who have activated an alarm show up as a hazard icon with an exclamation point.”); a mobile device associated with the first responder (paragraph [0014], “Availability of information, which includes location, environmental data and multiple individual reports about an emergency situation, can result in rapid communication to, for example, first responders, within a very low cost deployment model.”) and connected with the server computer via a network (paragraph [0076], “The systems configuration enables the second system (e.g., the STING system 11) to receive and display, for viewing on mobile clients by first responders, important information about persons associated with the first organization (e.g., specific students in a public school system) based on predetermined criteria or a decision made by a person in the first organization.”), the mobile device running a scanning application (paragraph [0119], “As another physical placement option, a very large QR code could be placed in an easily viewed spot that could be quickly scanned by the user 18 with the SWARM Alarm application 13 from any location in the room. Creation of QR codes is extremely inexpensive and the codes are easy to scale to add more locations or update as necessary.”); one or more sensors associated with the building (paragraph [0017], “Generally, systems according to the invention may make use of embedded phone sensors (e.g., for temperature, altitude, and audio) and data from external sources (e.g., emergency weather reports) to automatically initiate an alert, or augment a manual alert, sent to members of one or more responding groups about life threatening incidents occurring in the presence of one or more persons”), the one or more sensors each being configured to monitor the one or more conditions for a change … and, in response to detecting the change, transmit data representing the one or more conditions to the server computer in real time for storage with the building data (paragraph [0014], “The alarm may be manually or automatically triggered upon occurrence of an event to generate notifications of emergency situations and send the notifications to target recipients. By providing mobile applications that run on personal phones of school faculty and/or students it becomes possible to provide a large number of persons with the means for generating notifications from or near the site of an emergency and effectively communicate information on events in a timely manner. By sending the data to a central dispatch office or control room within a school facility and/or to local law enforcement or other public safety personnel in external responding organizations, improved response times and higher quality responses can be achieved based on greater situational awareness.”; paragraph [0114], “Common sensors include microphones, video recorders, accelerometers, gyroscopes, magnetometers, barometers, light sensors and RF detectors. One embodiment incorporates gunshot detection capability, such as described in the '273 Patent “System and Method for Detecting and Analyzing Near Range Weapon Fire,” in which situation a gunshot detected by smartphone sensors results in an automated alarm signal 17.”), the one or more sensors each being configured to transmit data representing the one or more conditions to the server computer in real time for storage with the building data (paragraph [0078], “The method may provide alarm generating information over a first distributed network processing system in response to an alarm situation communicated from one in a first plurality of hand-held devices to the computer system acting as a server in association with the SWARM system 10.”; paragraph [0122], “Once the alarm has been triggered successfully and the user's initial location has been determined, the user 18 can also provide additional real time situational awareness information to the SWARM system 10 utilizing the SWARM Alarm application 13.”; paragraph [0145], “Integration of the SWARM Mobile application 15 with the server-based Information Manager application 30 enables the users 18 to quickly collect and share information and quickly view information shared by other users. The information can be collected as a combination of text and photographs (referred to as photo notes) which are created using the text note button 110 and the photograph capture button 112 on the home page screen 52. Further, the server-based SWARM Information manager application 30 enables capture and integration into the SWARM system 10 of audio, video, accelerometer and other sensor data, also subject to constraints imposed to control storage and access to the application data.”); a building identification affixed to or positioned proximate the building … (paragraph [0119], “Providing QR codes as an alternative to acquiring precision location information of school personnel on a real time basis. The codes can be utilized to store precise latitude and longitude information as well as other useful location information, e.g., room number, room name and floor number. Common QR code readers are available as open source software modules and can easily be embedded in the SWARM Alarm application 13. FIG. 9B illustrates a QR code reader screen 37 which allows the user 18 to take a picture of the QR code utilizing the SWARM alarm application 13 and immediately determine the precise location of the user 18. The position data then updated with the application 13 and the information is uploaded by the SWARM system 10 for use by responding personnel to assist with an emergency response.”), the building identification including a machine-readable code that represents the building identifier (paragraph [0119], “QR codes with this embedded location information can be placed in all rooms and key locations within any facility using the SWARM system 10. Since emergency exit information is required in all public buildings, the QR codes could be conveniently placed close to this exit information for easy location. As another physical placement option, a very large QR code could be placed in an easily viewed spot that could be quickly scanned by the user 18 with the SWARM Alarm application 13 from any location in the room.”), the machine-readable code being readable by the scanning application running on the mobile device to determine the building identifier (paragraph [0119], “Common QR code readers are available as open source software modules and can easily be embedded in the SWARM Alarm application 13. FIG. 9B illustrates a QR code reader screen 37 which allows the user 18 to take a picture of the QR code utilizing the SWARM alarm application 13 and immediately determine the precise location of the user 18.”); and a client computer associated with the mobile device and configured to execute a client application (paragraph [0054], “The SWARM system 10 also comprises multiple applications which may run exclusively on clients logged into the server to provide distributed processing on a local level. This enhances performance for mobile users in particular. Exemplary client-based applications discussed herein are the SWARM Alarm application 13 and the SWARM Mobile application 15.”), the , the client application receiving the building identifier from the mobile device to access, based on the building identifier, the building data and the data representing the one or more conditions from the server computer for transmission to the mobile device via the network (paragraph [0012], “The systems also enable acquisition and display of proximity and directional awareness (e.g., locations within a building or a stadium, or distances and directions relative to other personnel) and provide rapid awareness of critical events such as the occurrence of a threat in a classroom.”; paragraph [0017], “Generally, systems according to the invention may make use of embedded phone sensors (e.g., for temperature, altitude, and audio) and data from external sources (e.g., emergency weather reports) to automatically initiate an alert, or augment a manual alert, sent to members of one or more responding groups about life threatening incidents occurring in the presence of one or more persons.”), …. but fails to explicitly teach a building identification affixed to or positioned proximate the building outside the building. However Yohem teaches a building identification affixed to or positioned proximate the building outside the building (“At about 70 different buildings, QR codes have been posted on windows and entryways so interested parties can quickly access details about the property on demand.”, “can scan the QR codes and access the floor plans, fact sheets, sales literature, lease rates and other details about the property”). This part of Yohem is applicable to the system of Kane et al. as they both share characteristics and capabilities, namely, they are directed to building information systems. 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 building information management and distribution system as disclosed by Kane et al. to include the exterior code locations as taught by Yohem. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Kane et al. in order to provide info on demand, they can get it right there while they stand in front of the building, (see Yohem). Kane et al. teaches sensor monitoring for certain conditions, but fails to explicitly teach a change that exceeds a predetermined threshold. However Verteletskyi et al. teaches the one or more sensors each being configured to monitor the one or more conditions for a change that exceeds a predetermined threshold (paragraph [0061], “In some embodiments, the servicing module 208 can include an emergency processing module 259 configured to detect and process emergency events. In some embodiments, the emergency processing module 259 can detect emergency events based on analyzing sensor readings from the linking devices 136, the sensors 140, etc. For example, the emergency processing module 259 can detect an earthquake based on accelerometer readings matching or exceeding one or more thresholds, a fire based on carbon monoxide/dioxide levels or temperature changes matching or exceeding one or more thresholds, identifying a weapon or a gunshot in captured images based on predetermined images/patterns, etc. In some embodiments, the emergency processing module 259 can estimate a direction of the gunshot, such as based on processing the captured image to determine an orientation of the shooter and/or the gun. In some embodiments, the emergency processing module 259 can detect a gunshot based on comparing characteristics of sounds captured by microphones in sensors (e.g., the linking devices 136, the sensors 140, etc.) to predetermined templates or thresholds.”). This part of Verteletskyi et al. is applicable to the system of Kane et al. as they both share characteristics and capabilities, namely, they are directed to building information systems. 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 building information management and distribution system as disclosed by Kane et al. to include the threshold sensors as taught by Verteletskyi et al.. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Kane et al. in order to filter measurements to identify the most relevant conditions (see paragraph [0044] of Verteletskyi et al.). Kane et al. teaches displaying conditions including the use of icons on a map, but fails to explicitly teach display conditions being prioritized for display relative to the floorplan. However Buscemi teaches to cause the mobile device to display the data representing the one or more conditions in relation to the floorplan of the building, the data representing the one or more conditions being prioritized for display relative to the floorplan based on a value of the data representing the one or more conditions (paragraph [0084], “FIG. 6 is a drawing 600 showing a map 602 of an area with the location of beacon transmitters. Map 602 includes a building floor plan layout 604 including beacon transmitters (beacon transmitter 1 606, beacon transmitter 2 608, beacon transmitter 3 610, corridors 611, and exits (exit 1 612, exit 2 614, exit 3 616).”; paragraph [0085], “FIG. 7 is a drawing 700 showing a map 702 indicating the location of a detected fire. Map 702 includes the building floor plan layout 604 including beacon transmitters (beacon transmitter 1 606, beacon transmitter 2 608, beacon transmitter 3 610, corridors 611, and exits (exit 1 612, exit 2 614, exit 3 616) and further includes star symbol 704 identifying the location of the detected fire.”; paragraph [0086], “FIG. 8 is a drawing 800 showing a responder control user input based exit map 802 for beacon transmitter 1 606. Map 802 includes the building floor plan layout 604 including beacon transmitters (beacon transmitter 1 606, beacon transmitter 2 608, beacon transmitter 3 610, corridors 611, and exits (exit 1 612, exit 2 614, exit 3 616), the star symbol 704 identifying the location of the detected fire, a triangle symbol 804 indicating the location of the beacon transmitter 1 606, and an arrow 806 indicating the responder recommended exit path from beacon transmitter 1 606 to the outsider of the building. In this example the exit path passes through building exit 2 614.”). This part of Buscemi is applicable to the system of Kane et al. as they both share characteristics and capabilities, namely, they are directed to building information systems. 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 building information management and distribution system as disclosed by Kane et al. to include the highlighted emergency locations as taught by Buscemi. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Kane et al. in order to distribute information to devices which detect beacon signals from beacon transmitters within the area of the emergency. see paragraph [0010] of Buscemi). With regards to claims 2, Kane et al. teaches the one or more sensors include one or more of a temperature sensor, an air quality sensor, a smoke sensor, a humidity sensor, and a moisture sensor (paragraph [0015], “The information includes precise details of an event (e.g., location, visual/audio reports, sensor information such as temperature) and information as to which persons are in peril.”). With regards to claims 3, Kane et al. teaches the client application is further configured to receive user credentials from the first responder, and to authenticate the first responder to enable the access to the building data and the situational awareness data from the server computer (paragraph [0071], “In order to improve security using this particular mobile device sharing technique, an option can be provided to authenticate the user upon first use of the mobile device. The SWARM System Administration application 26 can provide this function and the smart phones can also be deactivated from a particular user upon completion of an operation using the phone. For example, should a member of the organization purchase a new smart phone and redeploy any of the SWARM mobile applications 13 and 15, the SWARM server 14 will recognize the new phone and ask the user 18 to re-authenticate on the new device. If user authentication occurs on the new smart phone, the older device can be automatically deactivated by the SWARM System Administration application 26.”). With regards to claims 4, Kane et al. teaches the communications network includes a secure wireless broadband link (paragraph [0058], “Each client 12 is linked to a server 14 in a network 16 comprising a rf communications tower 16 a and wireless data links 22.”). With regards to claims 5, Kane et al. teaches the machine-readable code includes a barcode (paragraph [0119], “III. Providing QR codes as an alternative to acquiring precision location information of school personnel on a real time basis. The codes can be utilized to store precise latitude and longitude information as well as other useful location information, e.g., room number, room name and floor number. Common QR code readers are available as open source software modules and can easily be embedded in the SWARM Alarm application 13.”). With regards to claims 6, Kane et al. teaches the barcode is a two-dimensional matrix barcode(paragraph [0119], “III. Providing QR codes as an alternative to acquiring precision location information of school personnel on a real time basis. The codes can be utilized to store precise latitude and longitude information as well as other useful location information, e.g., room number, room name and floor number. Common QR code readers are available as open source software modules and can easily be embedded in the SWARM Alarm application 13.”). With regards to claims 7, Kane et al. teaches the building data includes a floorplan of the building (paragraph [0117], “I. Providing an electronic floor plan, blueprint or similar school building diagram on a mobile client screen which enables the user 18 to place an icon on the diagram on the mobile client device 12 to notate current location. The diagram is provided to responding personnel via the network to facilitate locating the user.”). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Application Publication No. 20230160698 to Spaling discusses a method for aiding emergency responders in retrieving a path, including receiving motion data from a first motion sensor registering motion of a first emergency responder of at least one emergency responder exploring an emergency scene; compiling track data based on the motion data of the first motion sensor, wherein the track data represents a first track of the first emergency responder through the emergency scene; calculating path data based on the track data, wherein the path data represents a path coinciding with at least a part of the track; and providing the path data to an actuator arranged for guiding an emergency responder of the at least one emergency responder along the path. U.S. Patent Application Publication No. 20130115587 to Want, Jr. discusses an emergency command system selectively operated in a real time monitoring mode, a forecast mode, and a strategy inferring mode includes an input interface unit, a scene information unit, an emergency status providing unit, a strategy inferring unit, an output interface unit, and a commanding unit. The emergency status providing unit receives an alarm signal corresponding to an emergency, and produces scene simulation data according to the alarm signal and a set of scene information in the scene information unit corresponding to the emergency. The strategy inferring unit produces a strategy inference diagram according to the scene simulation data and/or strategy data input through the input interface unit, thereby displaying through the output interface unit. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joshua D Schneider whose telephone number is (571)270-7120. The examiner can normally be reached on Monday - Friday, 9am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Lemieux can be reached on (571)272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /J.D.S./Examiner, Art Unit 3626 /JESSICA LEMIEUX/Supervisory Patent Examiner, Art Unit 3626
Read full office action

Prosecution Timeline

Show 5 earlier events
Jun 05, 2025
Request for Continued Examination
Jun 10, 2025
Response after Non-Final Action
Aug 08, 2025
Non-Final Rejection mailed — §103
Nov 10, 2025
Response Filed
Feb 18, 2026
Final Rejection mailed — §103
Aug 18, 2026
Request for Continued Examination
Aug 19, 2026
Response after Non-Final Action
Sep 10, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
36%
Grant Probability
81%
With Interview (+44.6%)
3y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 122 resolved cases by this examiner. Grant probability derived from career allowance rate.

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