Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) are: { means for detecting an initiation of an emergency communication that is to use a wireless communication connection (reads on: the UE Paragraph 48: the communication manager 140 may detect an initiation of an emergency communication) ; and means for terminating, responsive to the initiation of the emergency communication, one or more active wireless communication connections other than the wireless communication connection (reads on: Paragraph 108: the UE (e.g., using communication manager 706, depicted in FIG. 7) may terminate, responsive to the initiation of the emergency communication, one or more active wireless communication connections other than the wireless communication connection)} in claims 19 and { means for terminating the one or more active wireless communication connections (Paragraph 108: the UE (e.g., using communication manager 706, depicted in FIG. 7, may terminate, responsive to the initiation of the emergency communication, one or more active wireless communication connections other than the wireless communication connection).} in claim 20.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 102
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.
Claims 1, 5-6, 8-10, 11, 15-16, 18, 19 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Goldstein (US 20170215011).
Regarding claim 1, Goldstein teaches, an apparatus for wireless communication at a user equipment (UE) (abstract, Paragraph 69 and el. 204, Paragraph 154: a device or communication device is a node in a network than can include a sensor. In some embodiments, a communication device can include a phone, a laptop, a FDA, a notebook computer, a fixed computing device, or any computing device “transceiver”), comprising:
one or more memories; and one or more processors, coupled to the one or more memories, the one or more processors individually or collectively (mobile device must have processor, wireless interface, memory) configured to cause the UE to:
detect an initiation of an emergency communication (Fig. 4, el. 405 and Paragraph 78: detection indicative of an emergency and Paragraph 77: display on the mobile or fixed device 404 illustrates a user interface 405 that can include physiological or biometric sensor data and environmental data captured or obtained by the single device (and/or optionally captured or obtained by the mobile ) that is to use a wireless communication connection (Paragraph 78: The data can be transmitted in various ways including transmissions as a trickle or in bursts. In the case of Bluetooth, since the protocol already sends a “keep alive” ping periodically, there may be instances where trickling the data at the same time as the “keep alive” ping may make sense. Considerations regarding the criticality of the information and the size of the data should be considered. If the data is a keyword for a command or indicative of an emergency (“Hello Google”, “Fire”, “Help”, etc.) or a sound signature detection indicative of an emergency (shots fired, sirens, tires screeching, SPL levels exceeding a certain minimum level, etc. and see Fig. 4); and
terminate, responsive to the initiation of the emergency communication, one or more active wireless communication connections other than the wireless communication connection (Paragraph 83: Earpieces are not only communication devices, but also entertainment devices that receive streaming data such as streaming music. Existing protocols for streaming music include A2DP. A2DP stands for Advanced Audio Distribution Profile. This is the Bluetooth Stereo profile which defines how high-quality stereo audio can be streamed from one device to another over a Bluetooth connection—for example, music streamed from a mobile phone to wireless headphones, and Paragraph 85: detection of keywords (of sufficient criticality) to cause the stopping of music streaming and transmission on a reverse channel of the keywords back to a phone or server or cloud. Alternatively, an embodiment herein could allow the continuance of music streaming, but set up a simultaneous transmission on a separate reverse channel from the channel being used for streaming).
Regarding claim 5, Goldstein wherein the wireless communication connection is a wireless personal area network connection, a wireless local area network connection, or an ultra-wideband connection, between the UE and a peripheral communication device. (Paragraph 99).
Regarding claim 6, Goldstein wherein the one or more active wireless communication connections are one or more wireless personal area network connections, one or more wireless local area network connections, or one or more ultra-wideband connections, between the UE and a peripheral communication device (Paragraph 99).
Regarding claim 8, Goldstein wherein the one or more processors, to cause the UE to terminate the one or more active wireless communication connections, are individually or collectively configured to cause the UE to: terminate the one or more active wireless communication connections and one or more data streams other than a data stream that is to be used for the emergency communication (Paragraph 78, 83, 85).
Regarding claim 9, Goldstein wherein the wireless communication connection is to use a wireless communication technology, and wherein the one or more active wireless communication connections are to use the wireless communication technology (Paragraph 99).
Regarding claim 10, Goldstein wherein the wireless communication connection is to use a wireless communication technology, and wherein the one or more active wireless communication connections are to use a different wireless communication technology (Paragraph 99).
Regarding claim 11, see claim 1 rejection.
Regarding claim 15, see claim 5 rejections.
Regarding claim 16, see claim 6 rejections.
Regarding claim 18, see claim 8 rejections.
Regarding claim 19, see claim 1 rejection.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Goldstein (US 20170215011) in view of Kadavallur (US 20080227427).
Regarding claim 2, Goldstein teaches, the claimed method.
Goldstein does not explicitly teach obtain, by a modem of the UE, a message indicating the initiation of the emergency communication, and wherein the one or more processors, to cause the UE to detect the initiation of the emergency communication, are individually or collectively configured to cause the UE to: detect, by the modem, the initiation of the emergency communication using the message.
Kadavallur in the same art of endeavor teaches (abstract: method and system for responding to an emergency situation from a mobile communication device (100) is provided. The method includes initiating (306) a call to an emergency services number using a first modem (202) of the mobile communication device. The first modem communicates with a communication system via a first air interface. Further, the method includes detecting (308) the initiating of the call to the emergency services number. Furthermore, the method includes initiating (310) automatically an emergency transmission using a second modem (204) of the mobile communication device in response to detecting the call to the emergency services number. Paragraph 2: emergency message to get an immediate help. The emergency message can be conveyed by a call, a text message or a voice message, and Fig. 2).
Therefore, it would have been obvious to one with ordinary skill in the art before the filing date of the claimed invention to modify Goldstein with Kadavallur in order to improve the system,
Enhanced Connectivity, provides a reliable internet connection and enhance security.
Regarding claim 12, see claim 2 rejections.
Allowable Subject Matter
Claims 3-4, 7, 13-14, 17, 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA EL-ZOOBI whose telephone number is (571)270-3434. The examiner can normally be reached Monday-Friday 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edward can be reached at (571)270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIA EL-ZOOBI/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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