DETAILED ACTION
This Office action is in response to the application filed on 04 January 2024.
Claims 1-15 are presented for examination.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7-15 are rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) or both as being anticipated by BESZTERI et al. US 2018/0365958 A1.
As to claim 1, BESZTERI discloses substantially the invention as claimed, including an identification system (Figure 1, the system 100) comprising:
a wearable device (Figures 1, 2, the wearable device 110) encoding a unique ID (the user 101 unique identifier, [44]) and having a wireless transmitter (the wireless communication means 112, [28]) for transmitting the unique ID (Figures 1, 2 and associated paragraphs);
a backend device (Figures 1, 4, the emergency service 130) having a memory (memory 135, [37]) for storing data, a processor (a processor 136) for analysis of the data, and a transceiver (a communication apparatus 132) configured to communicate the data, the data comprising relevant information (emergency information, [43]-[49]) for an individual (a user 101) tied to the unique ID (Figures 1, 4 and associated paragraphs); and
a portable device (Figures 1, 3, the user device 120) having a wireless transceiver (a communication apparatus 122) configured to receive via wireless transmission (a local wireless link 150, [40]) the unique ID from the wearable device and to receive the relevant information via wireless data transmission (the second wireless link 160) from the backend device (Figures 1, 3 and associated paragraphs).
As to claim 2, BESZTERI discloses, wherein the wireless transmitter of the wearable device utilizes a short-range wireless RF communication network (a suitable short-range wireless communication link or local wireless link, [40]).
As to claim 3, BESZTERI discloses, wherein the short-range wireless RF communication network utilizes a Bluetooth, ZigBee, Lora or other short-range protocol ([40]-[41]).
As to claim 4, BESZTERI discloses, wherein the portable device utilizes a short-range wireless RF communication network and a long-range wireless RF communication network (Figures 1, 3 and associated paragraphs).
As to claim 5, BESZTERI discloses, wherein the short-range wireless RF communication network utilizes a Bluetooth, ZigBee, Lora or other short-range protocol, and the long-range wireless RF communication network utilizes CDMA/GMS, WiFi or WLAN, LTE, 5G, 6G, WiMax or other long-range protocol ([40]-[42]).
As to claim 7, BESZTERI discloses, wherein the portable device is a smartphone, tablet, portable computer, or augmented reality headset (Figures 1, 3, 8 and associated paragraphs, [103]).
As to claim 8, BESZTERI discloses, wherein the backend device has a cloud-based memory (Figures 1, 4, the emergency service 130, memory 135, [37]).
As to claim 9, BESZTERI discloses, wherein the backend device is a computer remote from the wearable device and remote from the portable device (Figures 1, 3 and associated paragraphs, the elements 130 and server 140).
As to claim 10, BESZTERI discloses, further comprising a data entry computer (the server 140) separate from the backend device, the data entry computer operably connected to the backend device to send the data to the backend device (Figures 1-4 and associated paragraphs)..
As to claim 11, BESZTERI discloses, wherein the wearable device is configured to autonomously transmit the unique ID to the portable device when the portable device is within a predetermined distance of the wearable device (Figures 1-3 and associated paragraphs)..
As to claim 12, BESZTERI discloses a method of a responder (Figures 1-7, the party hosting the emergency service entity 130) interacting with an individual (the individual 101 with the wearable device 110), the method comprising:
inputting (relaying) relevant information (emergency information) for the individual into a backend device (Figures 1, 4, the emergency service entity 130) having a memory (memory 135, [37]) storing the relevant information (Figures 1-3, 5-7, relaying the emergency information in step 508, [73]);
autonomously receiving, at a portable device (Figures 1, 3, the user device 120) a unique ID (the user 101 unique identifier, [44]) from a wearable device (Figs. 1-2, the wearable device 110) associated with the individual when the portable device is physically within a predetermined distance (vicinity, [72]) of the wearable device (Figures 5-7, and associated paragraphs, step 502);
after receiving the unique ID, the portable device contacting (establishing a channel) the backend device and receiving the relevant information for the individual from the backend device (Figures 1-3, 5-7, and associated paragraphs); and
after the portable device receiving the relevant information, the portable device presenting the relevant information to the responder (Figures 1-3, 5-7, and associated paragraphs).
As to claim 13, BESZTERI discloses, wherein: the portable device presents the relevant information to the responder after receiving a command (a request) from the responder (Figures 1-3, 5-7, and associated paragraphs, [61]-[69]).
As to claim 14, BESZTERI discloses, wherein: the portable device presents the relevant information to the responder after receiving a verbal command (a 911 phone call) from the responder (Figures 1-3, 5-7, and associated paragraphs).
As to claim 15, BESZTERI discloses, wherein inputting the relevant information for the individual into the backend device comprises: inputting the relevant information into a data entry computer (the server 140) operably connected to the backend device (Figures 1-3, 5-7, and associated paragraphs).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over BESZTERI as applied to claim 1 above, and in view of Kalantarian et al. US 2022/0211271 A1.
As to claim 6, BESZTERI does not explicit disclose, the bold underlined element in the claimed element of “wherein one or more of the wearable device, portable device and backend device includes Artificial Intelligence and/or Machine Learning capabilities”.
Kalantarian discloses in Figures 1-2, 11 and associated paragraphs, [75]-[86] that the Machine Learning technology is utilized in the mobile and wearable devices to screening and tracking user health in case of emergency situation.
Accordingly, it would have been obvious to one of ordinary skill in the AI/ML/deep learning art before the effective filing date of the claimed to have modified Kalantarian’s teachings of the activity and context-aware prediction of stress for mobile and wearable systems (title) with the teachings of BESZTERI’s, for the purpose of providing collections and calculations into a variety of health, safety, and wellness data and providing a flexible platform for the screening and tracking of diseases from longitudinal behavioral data (Kalantarian, [5]-[6]).
The prior art cited in this Office action are: BESZTERI et al. US 2018/0365958 A1; Kalantarian et al. US 2022/0211271 A1.
Conclusion
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/HAI V NGUYEN/Primary Examiner, Art Unit 2649