DETAILED ACTION
This is in response to applicant's communication filed on 06/23/2026, wherein:
Claim 1-20 are pending.
Claim 1, 9, and 15 are amended.
Response to Arguments
Applicant’s arguments with respect to pending claim have been considered but are moot because of the new ground of 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.
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 1, 6, 9, 13, 15, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Mendelson (US 10117078 B1) in view of Potter (US 12013669 B1).
Regarding claim 1, Mendelson discloses a method comprising:
scanning, by a device, an area associated with a geographical location, the geographical location being associated with an event, the scanning comprising monitoring for detected signals from user equipment (UE) associated with a user (Fig. 2 step 201 and col. 16 ln 40-57 - “Referring to FIG. 2, the illustration presents a flow diagram detailing a scanning4life or emergency scanning and locating procedure using the scanner 200. The scanning procedure is used by emergency personnel searching to help and find the mobile user 100. First responding emergency personnel 201 will use the scanner 200 to scan the area/facility designated as an emergency or disaster area. The scanner 200 searches for the beacon/signal initiated by the user's cellular or mobile telephone 100 when the emergency button is triggered (step 101), initiating a broadcasted emergency signal (step 104). The broadcasting emergency signal is transmitted using a Bluetooth protocol, a Wi-Fi protocol, and/or a cellular signal with the encoded naming (step 102), the first responder or search and rescue scanner 200 will scan and determine a location of the beacon signal (step 202) and decode the user's ID of the victim (step 202) owning the cellular or mobile telephone 100 to able to identify the person even before the rescue team rescues the victim”);
detecting, by the device, based on the scanning, a broadcast message from the UE (Fig. 2 step 202 and col. 16 ln 46-62 - “The scanner 200 searches for the beacon/signal initiated by the user's cellular or mobile telephone 100 when the emergency button is triggered (step 101), initiating a broadcasted emergency signal (step 104). The broadcasting emergency signal is transmitted using a Bluetooth protocol, a Wi-Fi protocol, and/or a cellular signal with the encoded naming (step 102), the first responder or search and rescue scanner 200 will scan and determine a location of the beacon signal (step 202) and decode the user's ID of the victim (step 202) owning the cellular or mobile telephone 100 to able to identify the person even before the rescue team rescues the victim. The process also can aid in identifying the missing person's whereabouts where the rescue team can pinpoint the missing person's location to rescue the missing person (step 203). The direction and locating of the mobile signal can use triangulation to find the exact location”);
performing, by the device, an analysis of the broadcast message (col. 16 ln 53-60 - “rescue scanner 200 will scan and determine a location of the beacon signal (step 202) and decode the user's ID of the victim (step 202) owning the cellular or mobile telephone 100 to able to identify the person even before the rescue team rescues the victim. The process also can aid in identifying the missing person's whereabouts where the rescue team can pinpoint the missing person's location to rescue the missing person (step 203)”);
determining, by the device, based on the analysis, user-specific information derived from the broadcast message, the user-specific information being related a location of the user within the area (col. 16 ln 53-60 - “rescue scanner 200 will scan and determine a location of the beacon signal (step 202) and decode the user's ID of the victim (step 202) owning the cellular or mobile telephone 100 to able to identify the person even before the rescue team rescues the victim. The process also can aid in identifying the missing person's whereabouts where the rescue team can pinpoint the missing person's location to rescue the missing person (step 203)”); and
outputting, by the device, the user-specific information to facilitate retrieval of the user to safety in response to the event (col. 16 ln 57 – 62 “The process also can aid in identifying the missing person's whereabouts where the rescue team can pinpoint the missing person's location to rescue the missing person (step 203). The direction and locating of the mobile signal can use triangulation to find the exact location”, col. 18 ln 2-12 – “The scanning unit 400 can also use the external screen 405 or computer unit connected 404 to the scanning unit 400 as an output display. The output can include a location of the signal representing a location of the cellular or mobile telephone 100 operating as a beacon that initiates an emergency signal. The location of the cellular or mobile telephone 100 can be shown in a practical way, such as on the circle. The output can include additional information obtained from the beacon signal emitted from the cellular or mobile telephone 100”).
However, the reference is silent on details the broadcast information including user specific information being related to vitals of the user in limitation “determining, by the device, based on the analysis, user-specific information derived from the broadcast message, the user-specific information being related to vitals of the user and a location of the user within the area”.
Potter discloses broadcast message including user-specific information being related to vitals of the user (Col. 3 ln 66 – col. 4 ln 9: “In one embodiment, the GPS coordinates of a wearer are recorded every hour correspondingly to the time in which the vital signs and temperature signs of the wearer are also recorded. This information may also be made available to loved ones and first responders to aid in providing appropriate care to the wearer if need be. In one implementation, a child will engage a panic button when they may see strangers and feels an threat. The device 22 will then broadcast their GPS coordinates and vitals to immediate family and first responders to locate the child”).
Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Mendelson to broadcast vital information from Potter because doing so would apply a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP §2141 -III) to improve rescue process by providing further information for first responder.
Regarding claim 6, the combined teaching of Mendelson and Potter discloses the method of claim 1, wherein the analysis of the broadcast message is based on a signal strength of the broadcast message, wherein the location of the user within the area is determined at least on the analysis of the signal strength, wherein the location of the user corresponds to a distance and direction from the device (Mendelson - col. 16 ln 57 – 62 “The process also can aid in identifying the missing person's whereabouts where the rescue team can pinpoint the missing person's location to rescue the missing person (step 203). The direction and locating of the mobile signal can use triangulation to find the exact location”, col. 18 ln 2-12 – “The scanning unit 400 can also use the external screen 405 or computer unit connected 404 to the scanning unit 400 as an output display. The output can include a location of the signal representing a location of the cellular or mobile telephone 100 operating as a beacon that initiates an emergency signal. The location of the cellular or mobile telephone 100 can be shown in a practical way, such as on the circle. The output can include additional information obtained from the beacon signal emitted from the cellular or mobile telephone 100”).
Regarding claim 9, the scope and content of the claim recites a device for performing the method of claim 1, therefore, being addressed as in claim 1.
Regarding claim 13, the scope and content of the claim recites a device for performing the method of claim 6, therefore, being addressed as in claim 6.
Regarding claim 15, the scope and content of the claim recites a non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions for performing the method of claim 1, therefore, being addressed as claim 1.
Regarding claim 19, the scope and content of the claim recites a non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions for performing the method of claim 6, therefore, being addressed as claim 6.
Claim 2-3, 7, 10-11, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Mendelson (US 10117078 B1) in view of Potter (US 12013669 B1) and Swan et al. (US 7965983 B1).
Regarding claim 2, the combined teaching of Mendelson and Potter discloses the method of claim 1, wherein the broadcast message is a broadcast message communicated by the UE (Mendelson - Fig. 2 step 201 and col. 16 ln 40-57 disclose beacon signal transmitted by UE – i.e. broadcast message). However, the combined teaching is silent on details about the message is encrypted.
Swan discloses wherein the message is an encrypted broadcast message communicated by the UE (Abstract, Fig. 1, Fig. 3, and col. 9 ln 37 – col. 11 ln 16 disclose that the encrypted PMI information is transmitted from device 112 to 118).
Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Mendelson and Potter to incorporate capability for protecting medical data from Swan because doing so would applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP §2141 -III) to improve data security.
Regarding claim 3, the combined teaching of Mendelson, Potter, and Swan discloses the method of claim 2, further comprising: decoding the encrypted broadcast message upon detection of the encrypted broadcast message, wherein the analysis is performed in accordance with the decoded broadcast message (Swan – col. 11 ln 7-16 - “(56) Upon receipt of the PMI response, the patient apparatus 112 may transmit the PMI to the MSP apparatus 118 over the short-range direct wireless connection and via the existing association 120. The patient apparatus 112 may transmit the PMI automatically upon receipt of the PMI or, alternatively, the patient apparatus 112 may notify the patient apparatus that it has PMI and then transmit the PMI only in response to a send request by the MSP apparatus 118. The MSP apparatus 118 may then programmatically apply a decryption key and decrypt and display the PMI”). The combined teaching would be obvious for the same reason indicated in claim 2.
Regarding claim 7, the combined teaching of Mendelson and Potter discloses the method of claim 1, wherein the device associated with a first responder (Mendelson – Fig. 2-5 and col. 16 ln 40 – col. 17 ln 3 - “ Referring to FIG. 2, the illustration presents a flow diagram detailing a scanning4life or emergency scanning and locating procedure using the scanner 200. The scanning procedure is used by emergency personnel searching to help and find the mobile user 100. First responding emergency personnel 201 will use the scanner 200 to scan the area/facility designated as an emergency or disaster area”). However, the reference is silent on details about wherein the device executes an application associated with a Cloud, wherein the user of the UE has an account with the Cloud.
Swan discloses wherein the device executes an application associated with a Cloud, wherein the user of the UE has an account with the Cloud (Abstract, Fig. 1, Fig. 3, and col. 9 ln 37 – col. 11 ln 16 disclose that both patient device 112 and medical service person’s device 118 are having account with patient medical information provider 103 – i.e. cloud service).
Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Mendelson and Potter to incorporate capability for protecting medical data from Swan because doing so would applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP §2141 -III) to improve data security.
Regarding claim 10, the scope and content of the claim recites a device for performing the method of claim 2, therefore, being addressed as in claim 2.
Regarding claim 11, the scope and content of the claim recites a device for performing the method of claim 3, therefore, being addressed as in claim 3.
Regarding claim 16, the scope and content of the claim recites a non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions for performing the method of claim 2, therefore, being addressed as claim 2.
Regarding claim 17, the scope and content of the claim recites a non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions for performing the method of claim 3, therefore, being addressed as claim 3.
Claim 4-5, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Mendelson (US 10117078 B1) in view of Potter (US 12013669 B1)
and Ryan et al. (US 9826358 B2).
Regarding claim 4, the combined teaching of Mendelson and Potter discloses the method of claim 1, wherein the scanning of the area is based on the detection of the event (Mendelson – col. 16 ln 57 – 62 “The process also can aid in identifying the missing person's whereabouts where the rescue team can pinpoint the missing person's location to rescue the missing person (step 203). The direction and locating of the mobile signal can use triangulation to find the exact location”, col. 18 ln 2-12 – “The scanning unit 400 can also use the external screen 405 or computer unit connected 404 to the scanning unit 400 as an output display. The output can include a location of the signal representing a location of the cellular or mobile telephone 100 operating as a beacon that initiates an emergency signal”, which indicated the scanning based on the proximity of rescue team to the emergency situation).
However, the reference is silent on details about detecting, over a network, the event, the detection corresponding to a time proximate to the event.
Ryan discloses detecting, over a network, the event, the detection corresponding to a time proximate to the event (abstract, Fig. 4 step S410 and col. 12 ln 6-64 disclose responder within proximity to emergency event are notified over network shown in Fig. 1 and Fig. 5).
Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Mendelson and Potter to incorporate responder notification based on proximity from Ryan because doing so would make use of known technique to improve similar devices (methods, or products) in the same way (MPEP §2141 -III) to improve emergency response process by notifying responder within proximity of event.
Regarding claim 5, the combined teaching of Mendelson, Potter and Ryan discloses the method of claim 4, wherein the event is an emergency, wherein, upon occurrence of the emergency, the network is rendered inaccessible by the UE (Mendelson – col. 13 ln 58-62 – “According to one aspect of the invention, the present invention provides a system and method for use in an emergency condition and/or a disaster situation where the cellular or other communication infrastructure is damaged or failed”; and col. 16 ln 28-39).
Regarding claim 12, the scope and content of the claim recites a device for performing the method of claim 5, therefore, being addressed as in claim 5.
Regarding claim 18, the scope and content of the claim recites a non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions for performing the method of claim 5, therefore, being addressed as claim 5.
Claim 8, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mendelson (US 10117078 B1) in view of Potter (US 12013669 B1) and Stewart (US 20210052170 A1).
Regarding claim 8, the combined teaching of Mendelson and Potter discloses the method of claim 1, however, silent on further details of claim 8.
Stewart discloses wherein the UE is a smart ring (Stewart – abstract discloses that the device is a smart ring).
Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Mendelson and Potter to implement different form factor for user device from Stewart because doing so would apply a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP §2141 -III) to obtain user data through various devices with different form factor.
Regarding claim 14, the scope and content of the claim recites a device for performing the method of claim 8, therefore, being addressed as in claim 8.
Regarding claim 20, the scope and content of the claim recites a non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions for performing the method of claim 8, therefore, being addressed as claim 8.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG HONG whose telephone number is (571)270-7928. The examiner can normally be reached on Monday-Friday from 8:00 am to 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, JINSONG HU, can be reached on (571) 272-3965. 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).
/DUNG HONG/
Primary Examiner, Art Unit 2643
Prosecution Insights