5ETAILED ACTION
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 .
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.
Claims status
In the amendment filed on December 3, 2025, claims 7, 11 and 16 have been canceled and claims 1, 9 and 18 have been amended. Therefore, claims 1-6, 8-10, 12-15 and 17-20 are currently pending for examination.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 2, 5, 6, 9, 10, 12, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Will et al. (Will: US 2016/0328952) in view of Clark et al. (Clark: US 20120214436 A1).
Regarding Claim 1, Will teaches an emergency alert device comprising:
a body (Fig. 6, 110);
a first button positioned on the body; a second button positioned on the body (Fig. 6, 712 and Par 85, The alert button may be configured to respond to a press of the alert button by initiating one or more cellular transmissions to a single telephone number associated with the automated personal response system …, The subscriber device could also include individual buttons for auto-dialing particular telephone numbers. For example, a first button of the subscriber device could be enabled for auto-dialing an emergency number such as 911, while a second button could be enabled for auto-dialing medical personnel such as a doctor or nurse of the user, and a third button could be enabled for auto-dialing a family member or other caretaker );
a transmitter (Fig. 7, 760 and par 99, communications module 760);
a GPS tracker (Fig. 7, 754 and Par 98, location sensors may include GPS);
a battery (Fig. 7, 736 and Par 97); and
a mobile application in wireless communication with the transmitter (Par 60, Through a user interface, subscribers may register and configure a subscriber device, and make changes to the configuration, and interact with subscriber settings for the personal emergency response system. These configurations and settings may be transmitted to the subscriber device through the connection between the subscriber device and the personal emergency response system, or through a wireless connection between the subscriber device and a local area network connection to the Internet and Par 62, a user interface may consist of a mobile phone application, making the personal emergency response system accessible by a handheld mobile phone, tablet computer, or other wireless communications device),
wherein the mobile application alerts a user via a text, an email, or a push notification when the first button or the second button is pressed (Will: Par 85, The alert button may be configured to respond to a press of the alert button by initiating one or more cellular transmissions to a single telephone number associated with the automated personal response system …, and Par 48, a plurality of buttons, with different buttons configured to trigger different alarm events. And Par 54, upon the occurrence of an alarm event the personal emergency response system is configured to give notice to one or more parties to join a conference network. The one or more parties may be pre-defined, and may vary depending on the nature of the alarm event. The notice to join a conference network may be provided by telephone call, automated voice messaging, text message, e-mail, or similar means. Once one or more parties join the conference network, in a preferred embodiment, the response server 104 is configured to allow two-way communications and data transmissions among one or more parties and a subscriber device 110. ).
Will does not explicitly disclose a suction cup fastener for securing the body to a door knob.
However, the preceding limitation is known in the art of personal alarm devices. Clark teaches a mobile safety device including buttons for sending alerts (fig. 2 and Par 8) and including attachment means for a lanyard, garment clip, suction cup holder, or other device for securing they body (Par 5). It is noted that a suction cup is configured for securing to any surface by a vacuum force. For securing the body to a door knob is considered as an intended use of the suction cup. Moreover, Specification does not provide any specific mechanism of a suction cup to adhere to a door knob.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a suction cup as taught by Clark in order for convenient access and use (Clark: par 5).
Regarding Claim 2, the combination of Will and Clark teaches the emergency alert device of claim 1, wherein the body is comprised of a lid or a covering (Will Fig. 6 and par 92, access door 715).
Regarding Claim 5, the combination of Will and Clark teaches the emergency alert device of claim 1, wherein the first button notifies an emergency service of the GPS location of the emergency alert device when pressed (Will: Par 98, a caretaker can get the current location of the subscriber device and dispatch aid to that location. Or, in a situation where the user initiates an emergency two-way communication via pressing the alert button, the current location detected by location sensors of the subscriber device may be transmitted to other parties on the communication so that emergency responders can be sent to the exact location).
Regarding Claim 6, the combination of Will and Clark teaches the emergency alert device of claim 1, wherein the second button notifies a contact inputted by the mobile application of the GPS location of the emergency alert device when pressed (Will: Par 98, a caretaker can get the current location of the subscriber device and dispatch aid to that location. Or, in a situation where the user initiates an emergency two-way communication via pressing the alert button, the current location detected by location sensors of the subscriber device may be transmitted to other parties on the communication and Par 60).
Regarding Claim 9, Will teaches an emergency alert device (Fig. 6-7, subscriber device 110) comprising:
a body (Fig. 6, 110);
a first button position on the body; a second button positioned on the body (Fig. 6, 712 and Par 85, The alert button may be configured to respond to a press of the alert button by initiating one or more cellular transmissions to a single telephone number associated with the automated personal response system …, The subscriber device could also include individual buttons for auto-dialing particular telephone numbers. For example, a first button of the subscriber device could be enabled for auto-dialing an emergency number such as 911, while a second button could be enabled for auto-dialing medical personnel such as a doctor or nurse of the user, and a third button could be enabled for auto-dialing a family member or other caretaker );
a transmitter (Fig. 7, 760 and par 99, communications module 760);
a GPS tracker (Fig. 7, 754 and Par 98, location sensors may include GPS);
a sensor (accelerometers 752);
a fastener (Fig. 8-9, device 110 has a ring/fastener at the left end and par 84, wristband … clipped to a belt);
a battery (Fig. 7, 736 and Par 97); and
a mobile application in wireless communication with the transmitter (Par 60, Through a user interface, subscribers may register and configure a subscriber device, and make changes to the configuration, and interact with subscriber settings for the personal emergency response system. These configurations and settings may be transmitted to the subscriber device through the connection between the subscriber device and the personal emergency response system, or through a wireless connection between the subscriber device and a local area network connection to the Internet and Par 62, a user interface may consist of a mobile phone application, making the personal emergency response system accessible by a handheld mobile phone, tablet computer, or other wireless communications device),
wherein the mobile application alerts a user via a text, an email, or a push notification when the first button or the second button is pressed (Will: Par 85, The alert button may be configured to respond to a press of the alert button by initiating one or more cellular transmissions to a single telephone number associated with the automated personal response system …, and Par 48, a plurality of buttons, with different buttons configured to trigger different alarm events. And Par 54, upon the occurrence of an alarm event the personal emergency response system is configured to give notice to one or more parties to join a conference network. The one or more parties may be pre-defined, and may vary depending on the nature of the alarm event. The notice to join a conference network may be provided by telephone call, automated voice messaging, text message, e-mail, or similar means. Once one or more parties join the conference network, in a preferred embodiment, the response server 104 is configured to allow two-way communications and data transmissions among one or more parties and a subscriber device 110. ).
Will does not explicitly disclose the fastener comprises a clasp, a magnet, a hook fastener, a loop fastener, a hook and loop fastener, a snap button fastener, or a suction cup.
However, the preceding limitation is known in the art of personal alarm devices. Clark teaches a mobile safety device including buttons for sending alerts (fig. 2 and Par 8) and the fastener comprises a hook fastener (Fig. 3A-3B, 310) or a suction cup (Par 5, including attachment means for a lanyard, garment clip, suction cup holder, or other device for securing).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a hook fastener or a suction cup as taught by Clark in order for convenient access and use (Clark: par 5).
Regarding Claim 10, the combination of Will and Clark teaches the emergency alert device of claim 9, wherein the sensor is comprised of a motion sensor (Will: Par 98, accelerometers 752, location sensors 754).
Regarding Claim 12, the combination of Will and Clark teaches the emergency alert device of claim 9 further comprised of a speaker (Will: Fig. 7, 722).
Regarding Claim 14, the combination of Will and Clark teaches the emergency alert device of claim 9, wherein the first button notifies an emergency service of the GPS location of the emergency alert device when pressed (Will: Par 98, a caretaker can get the current location of the subscriber device and dispatch aid to that location. Or, in a situation where the user initiates an emergency two-way communication via pressing the alert button, the current location detected by location sensors of the subscriber device may be transmitted to other parties on the communication so that emergency responders can be sent to the exact location. )
Regarding Claim 15, the combination of Will and Clark teaches the emergency alert device of claim 9, wherein the second button notifies a contact inputted by the mobile application of the GPS location of the emergency alert device when pressed (Will: Par 98, a caretaker can get the current location of the subscriber device and dispatch aid to that location. Or, in a situation where the user initiates an emergency two-way communication via pressing the alert button, the current location detected by location sensors of the subscriber device may be transmitted to other parties on the communication and Par 60).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Will in view of Nepo (US 20140218537 A1).
Regarding Claim 18, Will teaches a method of using an emergency alert device, the method comprising the following steps:
providing an emergency alert device (110) comprised of a mobile application (Par 62, a user interface may consist of a mobile phone application, making the personal emergency response system accessible by a handheld mobile phone, tablet computer, or other wireless communications device) and a body comprised of a button (Fig. 6, 110), a GPS tracker (Fig. 7, 754 and Par 98, location sensors may include GPS), a fastener (Fig. 8-9, device 110 has a ring/fastener at the left end and par 84, wristband … clipped to a belt), and a transmitter (Fig. 7, 760 and par 99, communications module 760);
inputting a contact to assign the contact to the button (Par 60-61, through a user interface, subscribers may register and configure a subscriber device, and make changes to the configuration, and interact with subscriber settings for the personal emergency response system and Par 85, The subscriber device could also include individual buttons for auto-dialing particular telephone numbers. For example, a first button of the subscriber device could be enabled for auto-dialing an emergency number such as 911, while a second button could be enabled for auto-dialing medical personnel such as a doctor or nurse of the user, and a third button could be enabled for auto-dialing a family member or other caretaker and par 65, various responses and contact persons associated with alarm events may be designated using a user interface 124. ); and
pressing the button in the event of an emergency such that the button alerts the contact of the GPS location of the emergency alert device (Par 98, a caretaker can get the current location of the subscriber device and dispatch aid to that location. Or, in a situation where the user initiates an emergency two-way communication via pressing the alert button, the current location detected by location sensors of the subscriber device may be transmitted to other parties on the communication so that emergency responders can be sent to the exact location);
wherein the mobile application alerts the contact via a text, an email, or a push notification (Will: Par 85, The alert button may be configured to respond to a press of the alert button by initiating one or more cellular transmissions to a single telephone number associated with the automated personal response system …, and Par 48, a plurality of buttons, with different buttons configured to trigger different alarm events. And Par 54, upon the occurrence of an alarm event the personal emergency response system is configured to give notice to one or more parties to join a conference network. The one or more parties may be pre-defined, and may vary depending on the nature of the alarm event. The notice to join a conference network may be provided by telephone call, automated voice messaging, text message, e-mail, or similar means. Once one or more parties join the conference network, in a preferred embodiment, the response server 104 is configured to allow two-way communications and data transmissions among one or more parties and a subscriber device 110. ).
Will does not explicitly disclose a snap button fastener.
However, the preceding limitation is known in the art of personal alarm devices.
Nepo teaches a personal alarm device to trigger panic including a snap button fastener (Fig. 22-23 and Par 31-32, A metal clip is attached to the rear of the trigger device, with a tightly wound metal spring which pressures the clip to close. At the bottom of the metal clip, a button snap is present, enabling the user to firmly attach the device to clothing, purse straps, and every material where it is possible to attach a clip to the material, and to snap a button so that the device is firmly secured ).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a snap button fastener in order to enable the user to firmly attach the device to clothing, purse straps (Nepo: Par 32).
Regarding Claim 19, the combination of Will and Nepo teaches the method of using an emergency alert device of claim 18, wherein the contact is comprised of a parent or a guardian (Will: Par 85, family member or other caretaker).
Regarding Claim 20, the combination of Will and Nepo teaches the method of using an emergency alert device of claim 18, wherein the contact is comprised of an emergency service (Will: Par 85, a first button of the subscriber device could be enabled for auto-dialing an emergency number such as 911, while a second button could be enabled for auto-dialing medical personnel such as a doctor or nurse of the user,).
Claims 8, 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Will in view of Clark and further in view of Daoura et al. (Daoura: US 20150356861 A1).
Regarding Claim 13, the combination of Will and Clark teaches the emergency alert device of claim 12, but does not explicitly disclose wherein the speaker produces a sound when the sensor detects motion.
However, Daoura teaches an emergency alert device (Fig. 1A-1B, 10) having a button (14a) and sensors (25-27) including a motion sensor (Par 49) and wherein the speaker produces a sound when the sensor detects motion (abstract: A speaker 23 and an LED 24 emit alerts in response to motion by sensor).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Daoura in order to use for child monitoring (Daoura: par 65).
Regarding Claim 8, the combination of Will and Clark discloses the emergency alert device of claim 1, but does not explicitly disclose wherein the mobile application allows a user to view the GPS location of the emergency alert device on a map interface of the mobile application.
However, Daoura teaches an emergency alert device (Fig. 1A-1B, 10) having a button (14a) and sensors (25-27) including a motion sensor (Par 49) and a GPS circuitry (Par 10) and wherein the mobile application allows a user to view the GPS location of the emergency alert device on a map interface of the mobile application (Fig. 12, 168 and Par 90, map of the current location of the device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Daoura in order to use for child monitoring (Daoura: par 65).
Regarding Claim 17, the combination of Will and Clark discloses the emergency alert device of claim 9, but does not explicitly disclose wherein the mobile application allows a user to view the GPS location of the emergency alert device on a map interface of the mobile application.
However, Daoura teaches an emergency alert device (Fig. 1A-1B, 10) having a button (14a) and sensors (25-27) including a motion sensor (Par 49) and a GPS circuitry (Par 10) and wherein the mobile application allows a user to view the GPS location of the emergency alert device on a map interface of the mobile application (Fig. 12, 168 and Par 90, map of the current location of the device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Daoura in order to use for child monitoring (Daoura: par 65).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Will in view of Clark further in view of Shecter (US 20060267760 A1).
Regarding Claim 3, the combination of Will and Clark teaches the emergency alert device of claim 2, but does not explicitly disclose wherein the lid or the covering attaches to the body via a hinge.
However, Shecter teaches an emergency alert device (Fig. 5-6, 60) having buttons for emergency alerts and to be carried by keychain ring (par 40) and wherein the lid or the covering attaches to the body via a hinge (Fig. 5-6 and Par 40, hinged cover 64).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Shecter in order to prevent actuating the buttons accidentally and for protection (Shecter: Par 28).
Regarding Claim 4, the combination of Will and Clark teaches the emergency alert device of claim 2, wherein the lid or the covering covers the first button and the second button.
However, Shecter teaches an emergency alert device (Fig. 5-6, 60) having buttons for emergency alerts and to be carried by keychain ring (par 40) and wherein the lid or the covering covers the first button and the second button (Fig. 5-6 and Par 40, hinged cover 64 covers buttons 65 and 66).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Shecter in order to prevent actuating the buttons accidentally and for protection (Shecter: Par 28).
Response to Arguments
Applicant's arguments filed on 12/3/2025 have been fully considered.
The arguments on pages 7-9 regarding the amended limitations “a suction cup fastener for securing the body to a door knob” in claim 1 and “the fastener comprises a clasp, ….” in claim 9 and “a snap button fastener” in claim 18 are moot in view of new grounds of rejections.
The arguments on pages 7-9 regarding the amended limitations “the mobile application alerts a user via a text, an email, or a push notification when the first button or the second button are pressed” in claim 1, claim 9 and “the mobile application alerts the contact via a text, an email, or a push notification” in claim 18 are not persuasive.
On page 7-9 of the Applicant’s Response, applicants argue that the amended limitations “the mobile application alerts a user via a text, an email, or a push notification when the first button or the second button are pressed” in claim 1, claim 9 and “the mobile application alerts the contact via a text, an email, or a push notification” in claim 18 are not taught by Will.
In response, Examiner respectfully disagrees because Will clearly teaches wherein the mobile application alerts the contact via a text, an email, or a push notification when the first button or the second button is pressed (Will: Par 85, The alert button may be configured to respond to a press of the alert button by initiating one or more cellular transmissions to a single telephone number associated with the automated personal response system …, and Par 48, a plurality of buttons, with different buttons configured to trigger different alarm events. And Par 54, upon the occurrence of an alarm event the personal emergency response system is configured to give notice to one or more parties to join a conference network. The one or more parties may be pre-defined, and may vary depending on the nature of the alarm event. The notice to join a conference network may be provided by telephone call, automated voice messaging, text message, e-mail, or similar means. Once one or more parties join the conference network, in a preferred embodiment, the response server 104 is configured to allow two-way communications and data transmissions among one or more parties and a subscriber device 110. ).
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nay Tun whose telephone number is (571)270-7939. The examiner can normally be reached on Mon-Thurs from 9:00-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's Supervisor, Steven Lim can be reached on (571) 270-1210. 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 http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Nay Tun/Primary Examiner, Art Unit 2688