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 12/08/25 have been considered by the examiner (see attached PTO-1449 form or PTO/SB/08A and 08B).
Response to Argument
Applicant's arguments, filed 12/08/25, with respect to claims have been considered but are moot in view of the new ground(s) of rejection.
Claims 1-20 are pending.
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 7-10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kenward et al. (U.S. 20230172301) in view of Hopkins et al. (U.S. 10043369).
For claim 7, Kenward et al. disclose a device configured to be worn on a hardhat (at least [0002]. Conventional safety helmets, or hard hats, are worn for protection by industrial workers such as construction workers, electricians or engineers on building sites.), the device comprising:
one or more network interfaces (please Figure. 9);
one or more accelerometers (at Fig. 1, [0065], [0145], [0219], [0258]-[0259] and [0281]. The input device comprises a shock sensor, and wherein the controller is configured to cause the output device to generate an alert when the data from the shock sensor indicates the safety helmet has been subject to an impact. For example, the shock sensor may be an accelerometer. For example, the alert may be to identify the level of damage to the user and report this to the site manager at the central controller for assessment.);
one or more processors; and one or more computer-readable media storing instructions that, when executed, cause the device to perform operations comprising:
receiving second data from the one or more accelerometers; determining, based at least in part on the second data, an amount of acceleration experienced by the device; determining that the amount of acceleration satisfies the threshold acceleration (at Fig. 1, [0065], [0145], [0219], [0258]-[0259] and [0281]. An accelerometer can be used to determine whether a user is getting tired. One or more of the sensors may be configured to trigger an alert if the sensor records a measurement of a parameter which exceeds a threshold value for that parameter. In another embodiment, the input device comprises a shock sensor, and wherein the controller is configured to cause the output device to generate an alert when the data from the shock sensor indicates the safety helmet has been subject to an impact. For example, the shock sensor may be an accelerometer. For example, the alert may be to identify the level of damage to the user and report this to the site manager at the central controller for assessment. The shock sensor may be arranged to determine whether the helmet 100 has sustained too much damage, for example by detecting shocks or accelerations in excess of a particular “single event” threshold, which are likely to have resulted in sufficient damage to the helmet 100 that the structural safety shell needs replacing. Additionally or alternatively the shock sensor may monitoring shocks or accelerations below the “single event” threshold, but above a lower “possible damage” threshold. By integrating the signals from these events over time, a second manner of identifying the helmet 100 having accumulated sufficient damage and needing replacement is provided (i.e. by monitoring general, but serious, “wear and tear” type damage);
generating a notification associated with a user of the device experiencing a fall (at least [0131], [0136], [0145], [0253]-[0258] and [0275]. The input device comprises a shock sensor, and wherein the controller is configured to cause the output device to generate an alert when the data from the shock sensor indicates the safety helmet has been subject to an impact. The input device can receive data from the environment, such as sensor data or record camera data. The output device is capable of emitting an effect, such as sound or light.); and
sending, via the one or more network interfaces to the electronic device, second data associated with the notification (at least Fig. 9, [0141]. [0143], [0257] and [0259]. The shock sensor can determine when the safety helmet 100 experiences a knock, such as from a falling object. As well as alerting the user as above, this information can be relayed to the central controller 250.) However, Kenward et al. do not disclose receiving, from an electronic device, first data associated with a threshold acceleration when issuing notifications, configuring the device based at least in part on the first data.
In the same field of endeavor, Hopkins et al. disclose receiving, from an electronic device, first data associated with a threshold acceleration when issuing notifications, configuring the device based at least in part on the first data (at least Fig. 1 and col. 10, line 51 to col. 12, line 53. To detect falls, the watch 30 may include an accelerometer 240. The accelerometer 240 may be a three-axis accelerometer 240 that record the client's movements. The sensitivity of the accelerometer 240 will allow the alert system 10 to monitor the client's movements and detect a fall condition. The processor 104 may analyze the client's movements using a fall detection algorithms to determine if the client 20 has fallen by meeting a fall condition. For example, a fall may be determined when the magnitude and/or direction of an acceleration, the rate of change of acceleration, or other measured motion of the watch 30 exceeds a threshold or matches a predetermined pattern. In some embodiments, fall detection may be implemented using a 3-D gyroscope in place of or in addition to the accelerometer 240. After sending a fall alert 43 to the caregiver mobile device 60, the alert system 10 may send the display screen 305 on the watch 30 or the client mobile device 25 a message to request that the client 20 verify her safety. If the client 20 fails to respond by pressing a specified one of the user controls 220, the situation may be treated as a crisis and the caregiver 50 may be alerted via the caregiver mobile device 60.)
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 Kenward et al. as taught by Hopkins et al. for purpose of indicating that the user wearing the device body has fallen.
For claim 8, the combination of Kenward et al. and Hopkins et al. disclose the device of claim 7. Kenward et al. disclose at least one of one or more speakers or one or more lighting elements, the operations further comprising based at least in part on the amount of acceleration satisfying the threshold acceleration, at least one of: causing, via the one or more speakers, output of audio; or causing, via the one or more lighting elements, output of light (at least [0131], [0136], [0145], [0253]-[0258] and [0275]. The input device comprises a shock sensor, and wherein the controller is configured to cause the output device to generate an alert when the data from the shock sensor indicates the safety helmet has been subject to an impact. The input device can receive data from the environment, such as sensor data or record camera data. The output device is capable of emitting an effect, such as sound or light.)
For claim 9, the combination of Kenward et al. and Hopkins et al. disclose the device of claim 7. Kenward et al. disclose at least one of a voltage detector or a current detector (Fig. 1 and [0065] and [0218]. The sensor comprises a sensor for detecting electrical current, electrical fields, magnetic fields or ionising radiation. Optionally the sensor comprises a skin contact sensor, e.g. to determine whether the helmet is being worn correctly, or indeed at all. Optionally the sensor comprises an SOS switch to allow a user to trigger an alert that they require assistance, medical attention, etc. Optionally, the sensor comprises a temperature sensor.)
For claim 10, the combination of Kenward et al. and Hopkins et al. disclose the device of claim 7. Kenward et al. disclose at least one of a button, a toggle, or a switch associated with controlling one or more settings of the device (at least [0190]. The first modular unit 134a comprises a power button 136 for turning the safety helmet 100 on and off.)
For claim 12, the combination of Kenward et al. and Hopkins et al. disclose the device of claim 7. Kenward et al. disclose receiving fourth data associated with the threshold acceleration, wherein the fourth data is received from at least one of: an input component of the device; the electronic device; or a second electronic device (at least Fig. 9, [0065], [0031], [0141]. [0143], [0257] and [0259]. The shock sensor can determine when the safety helmet 100 experiences a knock, such as from a falling object. As well as alerting the user as above, this information can be relayed to the central controller 250. The sensor comprises a sensor for detecting electrical current, electrical fields, magnetic fields or ionising radiation. The sensors may be configured to trigger an alert if the sensor records a measurement of a parameter which exceeds a threshold value for that parameter. The input device can receive data from the environment, such as sensor data or record camera data. The output device is capable of emitting an effect, such as sound or light).
For claim 13, the combination of Kenward et al. and Hopkins et al. disclose the device of claim 7. Kenward et al. disclose one or more fastening mechanisms for coupling the device to the hardhat (at least Fig. 7 and [0193]. When the first modular unit 134a is inserted into the first receiving portion 132a, the connection is made to the terminal 120 and the circuit is completed. This can enable automatic powering of the modular units of the safety helmet 100, for example once the power button 136 is pressed.)
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kenward et al. (U.S. 20230172301) in view of Hopkins et al. (U.S. 10043369) further in view of Brown et al. (U.S. 20170350754).
For claim 11, the combination of Kenward et al. and Hopkins et al. disclose do not the device of claim 1, further comprising an ultra violet (UV) sensor or one or more lighting element, the operations further comprising: receiving fourth data from the UV sensor; determining, based at least in part on the fourth data, an illuminance of a source; determining that the illuminance satisfies a threshold illuminance; and causing, based at least in part on the illuminance satisfying the threshold illuminance, output of a second notification via the one or more lighting elements.
In the same field of endeavor, Brown et al. disclose comprising an ultra violet (UV) sensor or one or more lighting element, the operations further comprising: receiving fourth data from the UV sensor; determining, based at least in part on the fourth data, an illuminance of a source; determining that the illuminance satisfies a threshold illuminance; and causing, based at least in part on the illuminance satisfying the threshold illuminance, output of a second notification via the one or more lighting elements (at least [0017] and [0028]. Sunscreen monitor program 112 receives UV data from UV control sensor 106 and UV monitoring sensor 108 and determines the amount of UV radiation the sensors receive. Sunscreen monitor program 112 determines whether the UV radiation received by UV monitoring sensor 108 exceeds a threshold, and if so, then the program transmits a warning or an alert to the user. Sunscreen monitor program 112 may transmit a warning message by activating a flashing light on client computing device 110.)
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 Kenward et al. as taught by Brown et al. for purpose of determining the amount of ultraviolet radiation received by the first ultraviolet radiation sensor is not below an alert threshold, the one or more computer processors transmit an alert message to the user.
Claims 14- 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kenward et al. (U.S. 20230172301) in view of Gonzalez et al. (U.S. 10365156) and further in view of Shearman et al. (U.S. 20160044276).
For claim 14, Kenward et al. disclose a device comprising:
one or more network interfaces (please Figure. 9);
one or more accelerometers (at Fig. 1, [0065], [0145], [0219], [0258]-[0259] and [0281]. The input device comprises a shock sensor, and wherein the controller is configured to cause the output device to generate an alert when the data from the shock sensor indicates the safety helmet has been subject to an impact. For example, the shock sensor may be an accelerometer. For example, the alert may be to identify the level of damage to the user and report this to the site manager at the central controller for assessment.);
one or more processors; and one or more computer-readable media storing instructions that, when executed, cause the one or more processors to perform operations comprising:
receiving first data associated with monitoring an environment of a first user wearing the device (at least [0064. The sensor is a device capable of retrieving data from its environment. The sensor may be regarded as an input device. The output of a plurality of sensors may be combined with one another to provide an enhanced measurement.),
receiving second data from the one or more accelerometers, determining, based at least in part on the second data, an amount of acceleration experienced by the device, determining that the amount of acceleration satisfies a threshold acceleration (at Fig. 1, [0065], [0145], [0219], [0258]-[0259] and [0281]. An accelerometer can be used to determine whether a user is getting tired. One or more of the sensors may be configured to trigger an alert if the sensor records a measurement of a parameter which exceeds a threshold value for that parameter. In another embodiment, the input device comprises a shock sensor, and wherein the controller is configured to cause the output device to generate an alert when the data from the shock sensor indicates the safety helmet has been subject to an impact. For example, the shock sensor may be an accelerometer. For example, the alert may be to identify the level of damage to the user and report this to the site manager at the central controller for assessment. The shock sensor may be arranged to determine whether the helmet 100 has sustained too much damage, for example by detecting shocks or accelerations in excess of a particular “single event” threshold, which are likely to have resulted in sufficient damage to the helmet 100 that the structural safety shell needs replacing. Additionally or alternatively the shock sensor may monitoring shocks or accelerations below the “single event” threshold, but above a lower “possible damage” threshold. By integrating the signals from these events over time, a second manner of identifying the helmet 100 having accumulated sufficient damage and needing replacement is provided (i.e. by monitoring general, but serious, “wear and tear” type damage), and
sending, via the one or more network interfaces, third data to an electronic device associated with the second user (at least Fig. 9 and [0145] and [0252]. The input device comprises a shock sensor, and wherein the controller is configured to cause the output device to generate an alert when the data from the shock sensor indicates the safety helmet has been subject to an impact. For example, the shock sensor may be an accelerometer. For example, the alert may be to identify the level of damage to the user and report this to the site manager at the central controller for assessment. The central controller 250 may alert the site manager, for example by creating a pop-up window on the display device 258 or by sounding an alarm in the site manager office. The central controller 250 may also take actions at the safety helmet 100.) However, Kenward et al. do not disclose one or more output devices oriented to output indications from a first side of the device; an ultra violet (UV) sensor disposed on a second side of the device, the second side extending transverse to the first side; causing, via the one or more output devices, output of an indication; and determining an identifier associated with a second user.
In the same field of endeavor, Gonzalez et al. disclose one or more output devices oriented to output indications from a first side of the device (at least Fig. 1A-C and Col. 4, lines 45-37. The wireless device 100 can include an output device 104. The output device 104 can be configured to provide an alert to a wearer of the wearable device 100. The output device 104 can take any form. For example, the output device 104 can include one or more of a light (such as an LED), a display, a vibrating motor, an audio device, or the like.); an ultra violet (UV) sensor disposed on a second side of the device, the second side extending transverse to the first side (at least Fig. 1A-C and Col. 4, lines 45-37. The wearable device 100 can include a radiation sensor 102. The radiation sensor 102 can be configured to detect radiation incident on the sensor. The radiation can include ultraviolet (UV) radiation. UV radiation can include at least UVA radiation and UVB radiation. The wearable device 100 can include multiple radiation sensors 102. For example, FIG. 1D illustrates a second radiation sensor 102′ on an opposite side of the wearable device 100 to radiation sensor 102. In the configuration of the wearable device 100 illustrated in FIGS. 1A to 1B a radiation sensor 102 is disposed at a superior portion 110 of the wearable device 100 and a radiation sensor 102′ is disposed at the inferior portion 112 of the wearable device 100.); causing, via the one or more output devices, output of an indication (at least Fig. 1A-C and Col. 4, lines 45-37. The wireless device 100 can include an output device 104. The output device 104 can be configured to provide an alert to a wearer of the wearable device 100. The output device 104 can take any form. For example, the output device 104 can include one or more of a light (such as an LED), a display, a vibrating motor, an audio device, or the like.)
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 Kenward et al. as taught by Gonzalez et al. for purpose of providing an indication to the user when they are exposing themselves to harmful levels of UV radiation.
In the same field of endeavor, Shearman et al. determining an identifier associated with a second user (at least [0103]. In response to detecting the accident in Block S140, the helmet system 100: retrieves a geographic location, such as from a smartphone wirelessly-connected to the helmet system 100; retrieves contact information for a local emergency responder from an emergency response database—such as accessed from a remote database via the smartphone—based on the geographic location of the helmet system 100; generates a textual accident alert including the contact information for the local emergency responder, the geographic location, and/or rider identification information stored in memory in the helmet system 100 or in the smartphone; and transmits the textual accident alert to a remote computer system for delivery to a preset contact, such as to a parent or spouse directly through a cellular tower or through the smartphone, as shown in FIG. 9. In this implementation, the helmet system 100 can address the textual accident alert to a family contact, a friend, a guardian, or to any other one or more contacts stored in local memory in the helmet system 100. The helmet system 100 can broadcast the textual accident alert with delivery address (e.g., phone number, email address) directly to a remote server, such as over a cellular network, or pass the textual accident alert to the smartphone or other connected device for subsequent distribution to a remote server. Alternatively, the helmet system 100 can pass relevant data to a local external device—such as a smartphone executing native helmet controls application as described above—that implements similar methods and techniques to generate and distribute a textual accident alert to one or more preselected contacts.)
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 Kenward et al. as taught by Shearman et al. for purpose of distributing a textual accident alert to one or more preselected contacts.
For claim 15, the combination of Kenward et al., Gonzalez et al. and Shearman et al. disclose the device of claim 14. Kenward et al. disclose at least one of one or more speakers or one or more lighting elements, the operations further comprising causing, based at least in part on the amount of acceleration satisfying the threshold acceleration, at least one of: output of audio via the one or more speakers; or output of light via the one or more lighting elements (at least [0131]. The input device can receive data from the environment, such as sensor data or record camera data. The output device is capable of emitting an effect, such as sound or light.)
For claim 16, the combination of Kenward et al., Gonzalez et al. and Shearman et al. disclose the device of claim 14. Kenward et al. disclose determining, based at least in part on the amount of acceleration satisfying the threshold acceleration, to issue an alert; and generating a notification associated with the alert, wherein the third data includes the notification notification (at least Fig. 9, [0141]. [0143], [0257] and [0259]. The shock sensor can determine when the safety helmet 100 experiences a knock, such as from a falling object. As well as alerting the user as above, this information can be relayed to the central controller 250.)
For claim 17, the combination of Kenward et al., Gonzalez et al. and Shearman et al. disclose the device of claim 14. Kenward et al. disclose at least one of a button, a toggle, or a switch, and wherein receiving the first data comprises: receiving the first data via the at least one of the button, the toggle, or the switch; or receiving the first data via a second electronic device (at least [0095]. The user may be able to operate the helmet with a single on/off button).
For claim 18, the combination of Kenward et al., Gonzalez et al. and Shearman et al. disclose the device of claim 14. Kenward et al. disclose at least one of a voltage detector or a current detector (at least [0065]. The sensor comprises a sensor for detecting electrical current, electrical fields, magnetic fields or ionising radiation.)
For claim 19, the combination of Kenward et al., Gonzalez et al. and Shearman et al. disclose the device of claim 14. Gonzalez et al. disclose at least one of one or more speakers or one or more lighting elements, the operations further comprising: receiving fourth data from the UV sensor; determining, based at least in part on the fourth data, an illuminance of a source; determining that the illuminance satisfies a threshold illuminance; and causing, based at least in part on the illuminance satisfying the threshold illuminance, output of a notification via at least one of: one or more lighting elements, or one or more speakers (at least col. 6, lines 43-67. The processor(s) 202 can be configured to cause the output device 104 to provide an alert to the wearer in response to determining that total exposure has reached the threshold amount of exposure to UV radiation. In some variations, the processor(s) 202 can be configured to instruct the LED drive circuit 206 to illuminate one or more LEDs 208 as the alert. For example, the LED(s) 208 can be configured to illuminate red in response to a determination, by the processor 202, that the wearer has been exposed to a threshold amount of UV radiation. In some variations, there may be more than one threshold amount of exposure that the processor(s) 202 determine. For example, a first threshold may be determined at which point the wearer would be notified that they are about to reach a second threshold and to take corrective action to protect themselves against UV radiation. In such a variation, the processor(s) 202 can be configured to instruct the LED drive circuit 206 to cause a different color LED 208 to illuminate, such as an orange LED, prior to illuminating a red LED at the next threshold.)
For claim 20, the combination of Kenward et al., Gonzalez et al. and Shearman et al. disclose the device of claim 14. Kenward et al. disclose receiving fourth data from the one or more accelerometers; determining, based at least in part on the fourth data, a second amount of acceleration experienced by the device; determining that the second amount of acceleration fails to satisfy the threshold acceleration; and refraining from sending, via the one or more network interfaces, fourth data to the electronic device (at least [0065] and [0219]. An accelerometer can be used to determine whether a user is getting tired. One or more of the sensors may be configured to trigger an alert if the sensor records a measurement of a parameter which exceeds a threshold value for that parameter. In other words, one or more of the sensors may be configured to refrain/suspend an alert if the sensor records a measurement of a parameter which is below a threshold value for that parameter.)
Allowable Subject Matter
Claims 1-6 are allowed.
The following is an examiner’s statement of reasons for allowed:
Please see the reason cited, on pages 9-10 of the remarks, by applicant filed on 12/08/25.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAI PHUONG whose telephone number is 571-272-7896. The examiner can normally be reached on Monday-Friday, 8am-5pm.
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/DAI PHUONG/Primary Examiner, Art Unit 2644