DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Information Disclosure Statement
The references listed in the Information Disclosure Statement filed on 07/28/25, 03/05/25, 12/09/24 and 09/18/23 have been considered by the examiner (see attached PTO-1449 form or PTO/SB/08A and 08B).
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 of this title, 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, 9-10 and 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over Spector (U.S. 20110071880) in view of Clark (U.S. 20230345222).
For claim 1, Spector discloses a method comprising:
receiving first data indicative of an emergency alert being issued by a first device (at least Fig. 1, [0008], [0013] and [0026]-[0037]. A server receives user data generally in the form of an electronic transmission wherein the user data includes at least an emergency type, user identity, and location of the emergency.);
determining, based at least in part on the first data, a first responder, and a second responder associated with the user (at least Fig. 1, [0008], [0013] and [0026]-[0037]. A user profile is then retrieved from the user database based on the user identity. One or more responders are identified to dispatch to the emergency by searching a responder profile database that includes real-time location information based upon a criteria set including, the availability of the responder as indicated in the responder profile, and the proximity of the responder to the location of the emergency.);
receiving, via a second device of the first responder, a first location of the first responder (at least Fig. 1, [0008], [0013] and [0026]-[0037]. A responder profile database is also included that contains responder profiles at least identifying each responder, and a current location of the responder. Typically, responders would have wireless communications devices. These wireless communication devices execute a client-side responder application that periodically transmits updated location information to the server including an identifier for the responder.);
receiving, via a third device of the second responder, a second location of the second responder (at least Fig. 1, [0008], [0013] and [0026]-[0037]. A responder profile database is also included that contains responder profiles at least identifying each responder, and a current location of the responder. Typically, responders would have wireless communications devices. These wireless communication devices execute a client-side responder application that periodically transmits updated location information to the server including an identifier for the responder.);
determining that the first location is more proximate to the user than the second location (at least Fig. 1, [0008], [0013] and [0026]-[0037]. The decision engine selects one or more responders to dispatch to the user location based at least upon the emergency type and the responder's proximity to the user.);
generating second data associated with the emergency alert, the second data indicating at least a third location of the user, an identifier of the user, or a type of the emergency alert (at least Fig. 1 and [0047]. When a responder is dispatched to the location of the emergency, the responder may be provided with an address of the emergency, latitude and longitude coordinates or directions. The directions can be determined by the server using known navigation techniques and based upon the location information as provided by the user in the emergency request transmission and found in the responders profile.); and
sending, based at least in part on the first location being more proximate to the user than the second location, the second data to the second device (at least Fig. 1 and [0047]. When a responder is dispatched to the location of the emergency, the responder may be provided with an address of the emergency, latitude and longitude coordinates or directions. The directions can be determined by the server using known navigation techniques and based upon the location information as provided by the user in the emergency request transmission and found in the responders profile.) However, Spector does not disclose a first device worn by a user.
In the same field of endeavor, Clark discloses a first device worn by a user (at least [0031]. The control button 50 is depressed when the user experiences an emergency. The transceiver 52 contacts the emergency responders, the camera 70 turns on, the speaker 56 turns on and the microphone 58 turns on. In this way the user can communicate with the emergency responders in order to immediately receive assistance.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Spector as taught by Clark for purpose of transmitting the physical location of the watch 12 to the emergency responders thereby facilitating the emergency responders to effectively respond to the user's emergency.
For claim 2, the combination of Spector and Clark disclose the method of claim 1. Spector discloses the first data is received from a fourth device, the fourth device being communicatively coupled to the first device (at least [0023]. The wireless communication device could be a wireless transmitter that contains a global positioning satellite (GPS) receiver, a processor with associated memory and two buttons that the user can press in order to indicate that the emergency is of the first code type or the second code type. In such a system, the emergency type would be limited to medical emergencies. In other embodiments, the wireless communication device may be more sophisticated with more than two possible entries and the emergency request signal may contain additional information such as an emergency type, an emergency level, and an emergency code that specifies what the emergency is.)
For claim 3, the combination of Spector and Clark disclose the method of claim 1. Spector discloses the first data is received from the first device (at least [0023]. A user of the system has an associated communications device. The communications device may be wireless, for example, a cellular telephone, a telemetric system in the user's car, or a pager. The user transmits an emergency request signal with the wireless communications device to a central server. In its simplest form, the emergency request signal includes a user identifier, the location of the user/emergency, and an emergency code.)
For claim 4, the combination of Spector and Clark disclose the method of claim 1. Spector discloses the first data includes at least one of: a life-threatening event experienced by the user; the third location of the user; the identifier of the user; a second identifier of the first device; or sensor data generated by one or more sensors of the first device (at least [0023]. A user of the system has an associated communications device. The communications device may be wireless, for example, a cellular telephone, a telemetric system in the user's car, or a pager. The user transmits an emergency request signal with the wireless communications device to a central server. In its simplest form, the emergency request signal includes a user identifier, the location of the user/emergency, and an emergency code.)
For claim 5, the combination of Spector and Clark disclose the method of claim 1. Spector discloses determining, based at least in part on the first data, a user profile associated with the user, and wherein at least one of the first responder or the second responder is determined based at least in part on the user profile (at least [0026]-[0037]. The server receives user data including at least the user identity, the location of the emergency and an emergency code 300A. The server parses the received data and identifies at least the user identifier. The server may also parse and store the location of the emergency and the emergency code. The server access the user profile database and searches for the user's profile based upon the user identity that was parsed from the emergency request signal 310A. The server, using decision logic determines if a specialist is needed based upon the user's profile and also the transmitted emergency code 320A.)
For claim 6, the combination of Spector and Clark disclose the method of claim 1. Spector discloses determining a response profile associated with responding to the emergency alert, the response profile being indicative of response procedures for the first responder, wherein the second data include the response procedures the server receives user data including at least the user identity, the location of the emergency and an emergency code 300A. The server parses the received data and identifies at least the user identifier. The server may also parse and store the location of the emergency and the emergency code (at least [0026]-[0037]. The server access the user profile database and searches for the user's profile based upon the user identity that was parsed from the emergency request signal 310A. The server, using decision logic determines if a specialist is needed based upon the user's profile and also the transmitted emergency code 320A. For example, if the emergency code indicates that the emergency is related to a medical condition in the user's profile, the decision logic will locate within the user's profile what the medical condition is. For example, the medical condition may be that the user has weak lungs and trouble breathing. Based upon this information, the decision logic would include within the criteria set for responders that the responder should be a pulmonary specialist. Additionally, the decision logic may indicate that one or more the responders should have oxygen available. After determining whether or not a responder needs a specialty, the server searches the responder profiles based upon the formed criteria set that includes the required specialty and the proximity to the emergency. The server may have a default proximity for searching, for example a 5 mile radius, or the server may default to locating the closest responder that meets the other criteria of the criteria set. For example, the server may search for the closest pulmonary specialist.)
For claim 7, Spector discloses a system comprising: one or more processors; and one or more non-transitory computer-readable media storing computer-executable instructions that, when executed by the one or more processors, cause the one or more processors to perform operations comprising:
receiving first data indicative of an emergency alert being issued by a first device (at least Fig. 1, [0008], [0013] and [0026]-[0037]. A server receives user data generally in the form of an electronic transmission wherein the user data includes at least an emergency type, user identity, and location of the emergency.);
determining, based at least in part on the first data, a second user for responding to the emergency alert (at least Fig. 1, [0008], [0013] and [0026]-[0037]. The decision engine selects one or more responders to dispatch to the user location based at least upon the emergency type and the responder's proximity to the user.);
generating a communication channel associated with the emergency alert (at least [0037]. After one or more responders are identified that meet the criteria set for the decision engine, the server will communicate with the responders 330A. The server contacts the selected responders so that they can confirm that they are available to be dispatched. The server waits an appropriate amount of time (e.g. 30 sec, 1 min., 2 min. etc.) for responses. The server receives acknowledgements from the responders 340A.);
generating second data associated with a notification to the second user, the notification including at least one of a location of the first user or a type of an event experienced by the first user (at least Fig. 1 and [0047]. When a responder is dispatched to the location of the emergency, the responder may be provided with an address of the emergency, latitude and longitude coordinates or directions. The directions can be determined by the server using known navigation techniques and based upon the location information as provided by the user in the emergency request transmission and found in the responders profile.) However, Spector does not disclose a first device worn by a user.; and
sending the second data to a second device associated with the second user (at least Fig. 1 and [0047]. When a responder is dispatched to the location of the emergency, the responder may be provided with an address of the emergency, latitude and longitude coordinates or directions. The directions can be determined by the server using known navigation techniques and based upon the location information as provided by the user in the emergency request transmission and found in the responders profile.) However, Spector does not disclose a first device worn by a user.
For claim 9, the combination of Spector and Clark disclose the system of claim 7. Spector discloses determining, based at least in part on the first data, a third user for responding to the emergency alert; and sending the second data to a third device of the third user, wherein at least one of the second user or the third user is determined based at least in part on a user profile associated with the first user (at least [0026-[0037] and [0047]. An emergency may occur at a location and the first pulmonary specialist may be located 100 miles away from the emergency location. The server may not attempt to dispatch the specialist, but rather dispatch the closest responder. In other circumstances, the server may have a default provision that if the distance between the specialist and the emergency location is greater than 25 miles and less than 100 miles, the server will default to sending the closest responder in addition to requesting the specialist. After one or more responders are identified that meet the criteria set for the decision engine, the server will communicate with the responders 330A. The server contacts the selected responders so that they can confirm that they are available to be dispatched. The server waits an appropriate amount of time (e.g. 30 sec, 1 min., 2 min. etc.) for responses. The server receives acknowledgements from the responders 340A. If no responder responds to the server, the server will expand the search criteria set. If one or more responders acknowledges the request to be dispatched, the server will send a transmission to the one or more servers indicating that they have been dispatched to the emergency location 350A. The server then queries whether an appropriate type and number of responders have been dispatched 360A. For example, five responders may acknowledge a request to be dispatched and the server may choose to dispatch the closest among the five responders to the emergency location. When a responder is dispatched to the location of the emergency, the responder may be provided with an address of the emergency, latitude and longitude coordinates or directions. The directions can be determined by the server using known navigation techniques and based upon the location information as provided by the user in the emergency request transmission and found in the responders profile.)
For claim 10, the combination of Spector and Clark disclose the system of claim 7. Spector discloses receiving third data associated with a second location of the second user, and wherein determining the second user is based at least in part on the second location (at least [0026-[0037] and [0047]. An emergency may occur at a location and the first pulmonary specialist may be located 100 miles away from the emergency location. The server may not attempt to dispatch the specialist, but rather dispatch the closest responder. In other circumstances, the server may have a default provision that if the distance between the specialist and the emergency location is greater than 25 miles and less than 100 miles, the server will default to sending the closest responder in addition to requesting the specialist. After one or more responders are identified that meet the criteria set for the decision engine, the server will communicate with the responders 330A. The server contacts the selected responders so that they can confirm that they are available to be dispatched. The server waits an appropriate amount of time (e.g. 30 sec, 1 min., 2 min. etc.) for responses. The server receives acknowledgements from the responders 340A. If no responder responds to the server, the server will expand the search criteria set. If one or more responders acknowledges the request to be dispatched, the server will send a transmission to the one or more servers indicating that they have been dispatched to the emergency location 350A. The server then queries whether an appropriate type and number of responders have been dispatched 360A. For example, five responders may acknowledge a request to be dispatched and the server may choose to dispatch the closest among the five responders to the emergency location. When a responder is dispatched to the location of the emergency, the responder may be provided with an address of the emergency, latitude and longitude coordinates or directions. The directions can be determined by the server using known navigation techniques and based upon the location information as provided by the user in the emergency request transmission and found in the responders profile.)
For claim 12, the combination of Spector and Clark disclose the system of claim 7. Spector discloses determining a second location of the second user; determining, based at least in part on the second location, a lack of a response by the second user responding to the emergency alert; determining, based at least in part on the lack of the response, a third user for responding to the emergency alert; and sending the second data to a third device associated with the second user (at least [0037] and [0047]. After one or more responders are identified that meet the criteria set for the decision engine, the server will communicate with the responders 330A. The server contacts the selected responders so that they can confirm that they are available to be dispatched. The server waits an appropriate amount of time (e.g. 30 sec, 1 min., 2 min. etc.) for responses. The server receives acknowledgements from the responders 340A. If no responder responds to the server, the server will expand the search criteria set. If one or more responders acknowledges the request to be dispatched, the server will send a transmission to the one or more servers indicating that they have been dispatched to the emergency location 350A. The server then queries whether an appropriate type and number of responders have been dispatched 360A. If the answer is no, the server will adjust the criteria set 370A so that the set of possible results is more expansive and will repeat the search process and contacting of the responders until the appropriate responders have confirmed that they agree to be dispatched to the emergency location. If the proper number and type of responders has been dispatched, the method ends. For example, five responders may acknowledge a request to be dispatched and the server may choose to dispatch the closest among the five responders to the emergency location. When a responder is dispatched to the location of the emergency, the responder may be provided with an address of the emergency, latitude and longitude coordinates or directions. The directions can be determined by the server using known navigation techniques and based upon the location information as provided by the user in the emergency request transmission and found in the responders profile.)
For claim 13, the combination of Spector and Clark disclose the system of claim 7. Spector discloses wherein the first data includes sensor data generated by one or more sensors of the first device (at least [0023] and [0052]. The wireless communication device could be a wireless transmitter that contains a global positioning satellite (GPS) receiver.)
For claim 14, the combination of Spector and Clark disclose the system of claim 7. Spector discloses wherein the type of the event is associated with at least one of: an arc-flash in proximity to the first user; a fall experienced by the first user; a shock experienced by the first user; or an impact experienced by the first user (at least [0029]. The user's profile may indicate that the user has heart condition, therefore it would be preferable if the responder was a cardiologist or cardio pulmonary surgeon in the event that the emergency code indicates that the user is having a heart attack.)
For claim 15, the claim has features similar to claim 1. Therefore, the claim is also rejected for the same reason in claim 1.
For claim 16, the combination of Spector and Clark disclose the method of claim 15. Spector discloses generating a fourth indication within the communication channel that the first user has been requested for responding to the emergency event (at least [0026]-[0037]. After one or more responders are identified that meet the criteria set for the decision engine, the server will communicate with the responders 330A. The server contacts the selected responders so that they can confirm that they are available to be dispatched. The server waits an appropriate amount of time (e.g. 30 sec, 1 min., 2 min. etc.) for responses. The server receives acknowledgements from the responders 340A.)
For claim 17, the combination of Spector and Clark disclose the method of claim 15. Spector discloses the communication channel includes the first user, the second user, and a third user that experienced the emergency event (at least [0047]. Based upon the received acknowledgement(s), the server will then send a dispatch request to one or more of the acknowledging responders. 495 It should be understood that even though a responder acknowledges a request to be dispatched, the responder may not actually be dispatched. For example, five responders may acknowledge a request to be dispatched and the server may choose to dispatch the closest among the five responders to the emergency location. When a responder is dispatched to the location of the emergency, the responder may be provided with an address of the emergency, latitude and longitude coordinates or directions. The directions can be determined by the server using known navigation techniques and based upon the location information as provided by the user in the emergency request transmission and found in the responders profile.)
For claim 18, the combination of Spector and Clark disclose the method of claim 15. Clark discloses the first indication includes sensor data generated by one or more sensors of a third device worn by a third user that experienced the emergency event (at least [0031]. The user scans their fingerprint into the electronic memory 48 upon initialization of the watch 12 and the user's personal information is downloaded into the electronic memory 48 via the transceiver 52. The control button 50 is depressed when the user experiences an emergency. The transceiver 52 contacts the emergency responders, the camera 70 turns on, the speaker 56 turns on and the microphone 58 turns on. In this way the user can communicate with the emergency responders in order to immediately receive assistance. Furthermore, the heart rate sensor 66 and the temperature sensor 68 facilitate the emergency responders to monitor the physical condition of the user. The transceiver 52 broadcasts the physical location of the watch 12 to the emergency responders thereby facilitating the emergency responders to effectively respond to the user's emergency.)
For claim 19, the combination of Spector and Clark disclose the method of claim 15. Clark discloses the first indication is received from at least one of: the third device, or a fourth device communicatively coupled to the second device (at least [0031]. The user scans their fingerprint into the electronic memory 48 upon initialization of the watch 12 and the user's personal information is downloaded into the electronic memory 48 via the transceiver 52. The control button 50 is depressed when the user experiences an emergency. The transceiver 52 contacts the emergency responders, the camera 70 turns on, the speaker 56 turns on and the microphone 58 turns on. In this way the user can communicate with the emergency responders in order to immediately receive assistance. Furthermore, the heart rate sensor 66 and the temperature sensor 68 facilitate the emergency responders to monitor the physical condition of the user. The transceiver 52 broadcasts the physical location of the watch 12 to the emergency responders thereby facilitating the emergency responders to effectively respond to the user's emergency.)
Claims 8, 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Spector (U.S. 20110071880) in view of Clark (U.S. 20230345222) and further in view of Sharma et al. (U.S. 20210005071).
For claim 8, the combination of Spector and Clark do not disclose determining that a threshold amount of time has elapsed since receiving the first data, and wherein sending the second data is based at least in part on the threshold amount of time elapsing since receiving the first data.
In the same field of endeavor, Sharma et al. disclose determining that a threshold amount of time has elapsed since receiving the first data, and wherein sending the second data is based at least in part on the threshold amount of time elapsing since receiving the first data (at least [0354]. If the device determines that the user has not moved during the second period of time, the device transitions to an “alert” state 2608, and prepares to summon assistance for the user. For example, at the end of the second period of time (e.g., at the time t.sub.2), the device can present a notification to the user (e.g., a visual, auditory, and/or haptic notification) indicating that a request for assistance will be transmitted. If the user does not instruct the device to cancel the transmission by the end of a third period of time (e.g., between the time t.sub.2 and a time t.sub.3, where time t.sub.3 is after time t.sub.2), the device can transition to an “auto-dial” state and automatically transmit a notification to an emergency responder (state 2610). For example, the device can automatically dial an emergency response system, such as “911,” or initiating some other communication session.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Spector as taught by Sharma et al. for purpose of providing the user with an opportunity to manually cancel a transmission if assistance is not required.
For claim 11, the combination of Spector, Clark and Sharma et al. disclose the system of claim 8. Spector discloses wherein the second data further includes an indication of the communication channel (at least [0037]. After one or more responders are identified that meet the criteria set for the decision engine, the server will communicate with the responders 330A. The server contacts the selected responders so that they can confirm that they are available to be dispatched. The server waits an appropriate amount of time (e.g. 30 sec, 1 min., 2 min. etc.) for responses. The server receives acknowledgements from the responders 340A.)
For claim 20, the claim has features similar to claim 8. Therefore, the claim is also rejected for the same reason in claim 1.
Conclusion
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/DAI PHUONG/Primary Examiner, Art Unit 2644
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