DETAILED 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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN-2022107599899, filed on 30 Jun. 2022. The references cited in the PCT international search report by the China National Intellectual Property Administration have been considered.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01/23/2025 and 07/23/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claim(s) s 1-2, 4-6, 8-10, 13-16, 18, and 20-21 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being clearly anticipated by Fellner (US-8249547- B1).
For examination purposes, claims 1-14, referring to a method, claims 15, and 18-20 referring to a system and claims 16 and 21 referring to a machine, are hereby grouped together for claims mirroring the same limitations or which disclose analogous art to the invention as claimed.
Regarding Claims 1, 15 and 16, Fellner discloses a distress information sending method (Fellner, par. 22; a wearable emergency alert device), wherein the method comprises: obtaining, by a terminal device (Fellner, par. 22; comprises a wearable member and a separately encased mobile phone member that is selectively attachable to the wearable member), first distress information, wherein the first distress information comprises at least one of adverse sign information (Fellner, par. 25; This control member preferably includes an emergency alert member for causing the mobile phone to begin an emergency alert notification procedure) or positioning information of a user (Fellner, 26; the wearable emergency alert device includes a GPS functionality wherein during an emergency alert signaling procedure, the GPS device is used to provide location data to the care giver); selecting, by the terminal device, a first communication network from a plurality of communication networks (Fellner, par. 33; the transceiver 32 of the mobile phone 18 has the capability to receive and transmit messages between the mobile phone, and a wireless phone network, such as the networks operated by mobile phone service providers) in a preset sequence, wherein the first communication network is any one of a short-range connection network (Fellner, par. 25; The wearable member 14 includes a first transmitter 26 that comprises a radio frequency transmitter, similar to the radio wave-like transmitter that one might find in a highly miniaturized walkie-talkie), a cellular network, a satellite network (Fellner, par. 72; As acquiring a GPS location requires a line of sight to be established between the GPS receiver and the GPS satellite, it is envisioned that in many situations, the GPS location that will be sent to the data help center as shown at Box 222), and a communication network between remote devices, and the communication network between remote devices is a point-to-point communication network established by the terminal device and a rescue processing device by using a preset frequency resource (Fellner, par. 51; The blue tooth-type receiver device can be in communication with the cell phone 18. The blue tooth-type receiver device 124 can also be used when the emergency alert device, and in particular the mobile phone member 18 thereof is used in its normal telephone mode, wherein the user is employing the mobile phone 18 to have a voice conversation with some third party); and when the terminal device can be connected to the rescue processing device by using the first communication network, sending, by the terminal device, the first distress information to the rescue processing device by using the first communication network (Fellner, par. 61; By pressing the SOS button 106 directly, the wearable member 14 and its radio transmitter 26 are bypassed, and not used. The mobile phone 18 then begins the emergency call to the emergency care giver 40. Once made, the second protocol operates generally similarly to the first protocol, as discussed above, including the speaker phone 112 being turned on to facilitate communication); or when the terminal device cannot be connected to the rescue processing device by using the first communication network, re-selecting, by the terminal device, a new first communication network from the plurality of communication networks in the preset sequence (Fellner, par. 74; Additionally, if the user U is unable to talk to the care giver 40, the help center will then usually attempt to contact a friend as shown at Box 228. If the friend cannot be contacted, the help center will directly try to contact an emergency responder as shown at Box 234. Additionally, if the friend goes to the user's house and finds the user in distress, the friend may attempt to contact an emergency responder. Further, if the help center cannot resolve the user's issue over the phone, the help center can either contact the friend, as shown at Box 228 or an emergency responder as shown at Box 234).
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Regarding Claims 2, 18 and 21 Fellner further discloses the invention according to claims 1, 15 and 16, wherein before the obtaining, by a terminal device, first distress information, the method further comprises: receiving, by the terminal device, first pre-distress information sent from a wearable smart device (Fellner, par. 23; A wearable emergency alert device 10 that is wearable by a user U is shown in the drawings. The wearable emergency alert device 10 includes a wearable member 14, and a mobile phone member 18. The mobile phone 18 is selectively attachable to the wearable member 14), wherein the first pre-distress information is generated based on the adverse sign information when the wearable smart device detects an abnormality in a sign of the user; and the obtaining, by a terminal device, first distress information comprises: generating, by the terminal device, the first distress information based on the first pre-distress information (Fellner, par. 71; This causes the mobile phone unit 18 to send a pre-recorded message to the help center 216, that might consist of anything from an open phone line being established between the user and the help center, and a pre-recorded message telling the help center the name, address and other information about the person (user) who is initiating the message).
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Regarding Claim 4, Fellner further discloses the method according to claim 1, wherein the preset sequence from front to back is: the short-range connection network (Fellner, fig, par. 51; The blue tooth-type receiver device can be in communication with the cell phone 18), the cellular network (Fellner, par. 51; the mobile phone member 18 thereof is used in its normal telephone mode, wherein the user is employing the mobile phone 18 to have a voice conversation with some third party), the satellite network (Fellner, par. 72; As acquiring a GPS location requires a line of sight to be established between the GPS receiver and the GPS satellite, it is envisioned that in many situations, the GPS location that will be sent to the data help center as shown at Box 222, will comprise not current, but historical data, based upon the last GPS reading), and the communication network between remote devices (Fellner, par. 22; a wearable emergency alert device comprises a wearable member and a separately encased mobile phone member that is selectively attachable to the wearable member … The mobile phone member includes a mobile phone transceiver for establishing a first communication link between the mobile phone transceiver and the first transmitter, and a second communication link. The second communication link exists between the mobile phone transceiver and a remote receiver, for transmitting and receiving at least one of the data, voice, and message between the mobile phone transceiver and the remote receiver).
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Regarding Claim 5, Fellner further discloses the method according to claim 4, wherein selecting, by the terminal device, the first communication network from the plurality of communication networks in the preset sequence (Fellner, par. 33; the transceiver 32 of the mobile phone 18 has the capability to receive and transmit messages between the mobile phone, and a wireless phone network, such as the networks operated by mobile phone service providers such as Verizon, AT&T, Nextel, Sprint, T-Mobile, US Cellular, Boost, Cricket, Vodafone, Telefonica, Moviles, Orange, TIM, UK.Telecom.mobile, Telecom Italia, and others); and when the terminal device can be connected to the rescue processing device by using the first communication network, sending, by the terminal device, the first distress information to the rescue processing device by using the first communication network (Fellner, par. 71; This results in the first radio frequency device sending a radio transmission signal to the phone unit as shown at Box 214. This causes the mobile phone unit 18 to send a pre-recorded message to the help center 216, that might consist of anything from an open phone line being established between the user and the help center, and a pre-recorded message telling the help center the name, address and other information about the person (user) who is initiating the message); or when the terminal device cannot be connected to the rescue processing device by using the first communication network, the re-selecting, by the terminal device, a new first communication network from the plurality of communication networks in the preset sequence comprises: selecting, by the terminal device, the short-range connection network as the first communication network from the plurality of communication networks in the preset sequence (Fellner, par. 58; If the care giver cannot establish a verbal communication link to determine what is happening, or otherwise has determined that the emergency is real, the care provider may then make an appropriate telephone call to either a friend 136 or an emergency responder 138, such as an ambulance service, fire service or police service), and determining whether the terminal device can be connected to the rescue processing device by using the short-range connection network (Fellner, figs. 10 and 12, par. 51; the blue tooth device 124 may be coupled to the mobile phone 18, so that in the event of an emergency alert, wherein the cell phone member 18 is not adjacent to the user, the blue tooth receiver 124 can be used to establish a voice communication between the patient and the care provider); when the terminal device can be connected to the rescue processing device by using the short- range connection network, sending, by the terminal device, the first distress information to the rescue processing device by using the short-range connection network (Fellner, par. 51; the mobile phone will establish a communication's link with the both the blue tooth receiver 124 and the care provider 40 (FIG. 9). Because of this two-channel communication, the user can establish a voice link with the care provider to better tell the care provider what sort of problem is being experienced by the user); or when the terminal device cannot be connected to the rescue processing device by using the short-range connection network, selecting the cellular network as the first communication network, and determining whether the terminal device can be connected to the rescue processing device by using the cellular network (Fellner, figs. 10 and 12, par. 64; the user pushes the first actuator 30 that causes the radio frequency transmitter 26 to begin transmitting a pre-programmed signal to the mobile phone 18. Once the mobile phone 18 receives the signal, the signal sent by the radio frequency transmitter 26 preferably commences a sequence of emergency protocol notifications by the mobile phone 18. In particular, the mobile phone 18 initiates a phone call to the care giver 40, and actuates the speaker phone member 112 so that the care giver 40 can attempt to establish voice communication with the user U. Generally, at this point, the call will be handled similarly to the manner discussed above in connection with the first and second telephone calls. However, because the wearable member (and hence the user) 30 are detached from the mobile phone 18 (which contains a speaker phone) there exists a greater likelihood that care giver 40 will not be able to establish a voice communication with the user, thereby usually requiring the care giver 40 to need to call the friend 136 or an emergency responder 138 evaluate the user's condition); and when the terminal device can be connected to the rescue processing device by using the cellular network, sending, by the terminal device, the first distress information to the rescue processing device by using the cellular network (Fellner, par. 73; Once the help center receives the information from the user, relating to both user information and GPS information (or one of the two), the help center then attempts to talk to the user as shown at Box 218); or when the terminal device cannot be connected to the rescue processing device by using the cellular network, selecting the satellite network as the first communication network, and determining whether the terminal device can be connected to the rescue processing device by using the satellite network (Fellner, par. 73; If verbal communication can be established between the help center and the user, the issue can be resolved over the phone. If the issue can be resolved, such as in a determination that the user does not need help due to a false call, the call can be ended as shown at Box 32. However, if the problem cannot be resolved over the phone, the help desk center will next attempt to contact a friend as shown at Box 228); and when the terminal device can be connected to the rescue processing device by using the satellite network, sending, by the terminal device, the first distress information to the rescue processing device by using the satellite network (Fellner, par. 75; Concurrently, the mobile phone 18 sends information to the help center, as shown at Box 224. This material can include a prerecorded message, can include information about the identity of the user, and/or can comprise the opening up of a voice line for communication between the help center and the user); or when the terminal device cannot be connected to the rescue processing device by using the satellite network, selecting the communication network between remote devices as the first communication network, and determining whether the terminal device can be connected to the rescue processing device by using the communication network between remote devices (Fellner, pars 25-27; The wearable member 14 includes a first transmitter 26 that comprises a radio frequency transmitter, similar to the radio wave-like transmitter that one might find in a highly miniaturized walkie-talkie 26 … The radio frequency transmitter 26 is capable of transmitting a radio signal over a relatively short distance … The radio frequency transmitter 26 is actuated through the actuation of a first actuator 30 that is operable by a user U for actuating the first radio frequency transmitter 26 to send the signal to the mobile phone member 18); and when the terminal device can be connected to the rescue processing device by using the communication network between remote devices, sending, by the terminal device, the first distress information to the rescue processing device by using the communication network between remote devices (Fellner, par. 27; the signal transmitted by the radio frequency transmitter is a command signal that commands the mobile phone 18 to commence a signaling protocol to a care giver … the signal sent by the radio frequency transmitter can be one of a voice signal, data signal or SMS (short message signal) to the mobile phone 18, such as a signal emulating a text message); or when the terminal device cannot be connected to the rescue processing device by using the communication network between remote devices, re-selecting, by the terminal device, a new first communication network in the preset sequence (Fellner, pars.77-78; When the help center has received the call, the first thing that is done is that the help center attempts to talk to a user, as shown at Box 229. If communication can be established, the help desk user tries to understand more about the problem, or resolve the issue over the telephone … if no contact is made with the user of a voice communication type, or the problem is not resolved, the help center will then attempt to contact a friend as illustrated at box 235 … If the friend is unable to take care of the problem, the next step is to contact the emergency responder 236), Examiner notes, Fellner anticipates the use of multiple networks to attempt to send emergency alerts, from the phone or a wrist watch (figs 9 and 10), sending distress information to the help center which includes prerecorded information and GPS location (figs 12 and 13) and once the SOS alert is activated, follows a sequence to ensure the successful delivery of the emergency alert to the appropriate recipient, starting with the help center contacting the user, if unsuccessful attempting to contact a designated friend and as third measure contacting first responders.
Regarding Claim 6, Fellner further discloses the method according to claim 5, wherein the determining whether the terminal device can be connected to the rescue processing device by using the communication network between remote devices comprises (Fellner, par. 51; The blue tooth-type receiver device can be in communication with the cell phone 18. The blue tooth-type receiver device 124 can also be used when the emergency alert device, and in particular the mobile phone member 18 thereof is used in its normal telephone mode, wherein the user is employing the mobile phone 18 to have a voice conversation with some third party): initiating, by the terminal device, scanning of a communication signal between the remote devices, and when the communication signal between the remote devices is obtained through scanning, establishing, by the terminal device, a connection with a peer device that sends the signal of the communication between the remote devices (Fellner par. 51; the blue tooth device 124 may be coupled to the mobile phone 18, so that in the event of an emergency alert, wherein the cell phone member 18 is not adjacent to the user, the blue tooth receiver 124 can be used to establish a voice communication between the patient and the care provider); sending, by the terminal device, an inquiry instruction to the peer device, wherein the inquiry instruction is used for inquiring whether the peer device can be connected to the rescue processing device, and the inquiry instruction comprises an address of the rescue processing device (Fellner, par. 51; If an emergency exists at such a time, the user will depress SOS button 30 on the wearable member 14 that will then send a signal from the wearable member 14 to the nearby mobile phone 18 in its cradle 150); and in response to an inquiry result sent by the peer device, when the peer device can be connected to the rescue processing device, determining that the terminal device can be connected to the rescue processing device by using the communication network between remote devices, when the peer device cannot be connected to the rescue processing device, determining that the terminal device cannot be connected to the rescue processing device by using the communication network between remote devices (Fellner, par. 51; As the user will likely not be close to the mobile phone 18 when it is being charged on the charging cradle 150, the mobile phone will establish a communication's link with the both the blue tooth receiver 124 and the care provider 40 (FIG. 9). Because of this two-channel communication, the user can establish a voice link with the care provider to better tell the care provider what sort of problem is being experienced by the user).
Regarding Claim 8, Fellner further discloses the method of claim 1, wherein the method further comprises: receiving, by the terminal device, second pre-distress information sent from the wearable smart device, wherein the second pre-distress information is generated based on changed sign information when the wearable smart device detects that sign information of the user is inconsistent with the adverse sign information in the first pre-distress information (Fellner, par. 48; The actuation of the emergency call button 106 sends a signal to a pre-determined location, to thereby obviate the need for the user to input that information at the time of an emergency. In the case of a "false alarm", the user can depress the end call button 110 to call off the emergency alert); and generating, by the terminal device, second distress information based on the second pre- distress information and sending the second distress information to the rescue processing device (Fellner, par. 58; When a call is made to the emergency care giver 40, she will initiate an attempt to converse with the user U, to determine the nature of the problem. As is appreciated, false alarms will often occur. By being able to converse with the user, the care giver 40 can not only determine whether the alarm is a real or false alarm, but can also determine the nature of the problem. To make this communication, the speaker phone 112 of the mobile device would be turned on, to permit voice communication. If the care giver cannot establish a verbal communication link to determine what is happening, or otherwise has determined that the emergency is real, the care provider may then make an appropriate telephone call to either a friend 136 or an emergency responder 138, such as an ambulance service, fire service or police service).
Regarding Claim 9, Fellner further discloses the method of claim 1, wherein the method further comprises: receiving, by the terminal device, third pre-distress information sent from the wearable smart device, wherein the third pre-distress information is generated based on changed positioning information when the wearable smart device detects that positioning information of the user is inconsistent with the positioning information in the first pre-distress information; and generating, by the terminal device, third distress information based on the third pre-distress information and sending the third distress information to the rescue processing device; or when the terminal device detects that positioning information of the user is inconsistent with the positioning information in the first distress information, collecting the changed positioning information, generating fourth distress information based on the changed positioning information, and sending the fourth distress information to the rescue processing device (Fellner, figs. 16-18, par. 84; The type of information that is shown in a GPS location data is shown at FIG. 17. Location data is dependent upon the reception of a signal from the GPS satellites. Such satellites normally require a line of sight reception with the receiver, mandating that the receiver be "out of doors" and not covered under a roof. As such, if the cell phone 18 is kept under a roof, the last known GPS acquired position of the cell phone 18 may not be the current position. As such, if the GPS information is not fresh, the GPS status will indicate that data being given is not current, but rather is the last known position of the user. As also discussed above, enhanced GPS is used by many mobile phones 18 to help overcome this problem by using cell phone tower triangulation in addition to information from the GPS satellite, to fix position).
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Regarding Claim 10, Fellner further discloses the method of claim 1, wherein the method further comprises: receiving, by the terminal device, rescue information sent from the rescue processing device, wherein the rescue information is used to indicate the terminal device to establish contact with a rescue team (Fellner, par. 10; if the user is capable of verbally communicating with the help desk so that the care giver can determine the nature of the emergency, the help desk operator might be able to obtain enough information to contact the appropriate emergency responder, who may be a person such as the next of kin, a closely located friend, an ambulance, fireman or a police agency).
Regarding Claim 11, Fellner further discloses the method of claim 10, wherein the rescue information comprises rescue time (Fellner, par. 72; In such a case, the data sent from the device to the help center as shown at Box 216, should indicate that the device is historic, and should also indicate the time at which the last reading was taken) and a communication mode between the rescue team and the user (Fellner, fig. 17, par. 86; the GPS location device information that is being sent out can include information relating to alarm types, such as the SOS mode, and information as to whether any particular batteries are low. Further, the information should include some identification information, such as the phones IMEI number so that the server can appropriately identify the GPS location information being given to ensure that it matches up with the user) and after the terminal device receives the rescue information sent from the rescue processing device, the method further comprises: establishing, by the terminal device based on the communication mode between the rescue team and the user, a connection with the rescue team when the rescue time arrives (Fellner, par. 28; the second emergency alert protocol procedure that includes the mobile phone automatically placing a call to a remote caregiver, and actuating the speaker phone for permitting voice communication between a user and a caregiver) Examiner notes, Fellner discloses that the caregiver can contact first responders as part of the procedures to deliver the appropriate care to the user and communicate in real time what the emergency is.
Regarding Claims 13 and 20, Fellner further discloses the invention according to claims 8 and 15, wherein the sending the second distress information to the rescue processing device comprises: determining, by the terminal device, a second communication network in the preset sequence, wherein the second communication network is used for establishing a connection with the rescue processing device, and the second communication network is any one of the short-range connection network (Fellner, par. 25; The wearable member 14 includes a first transmitter 26 that comprises a radio frequency transmitter, similar to the radio wave-like transmitter that one might find in a highly miniaturized walkie-talkie),, the cellular network (Fellner, par. 33; the transceiver 32 of the mobile phone 18 has the capability to receive and transmit messages between the mobile phone, and a wireless phone network, such as the networks operated by mobile phone service providers), the satellite network (Fellner, par. 72; As acquiring a GPS location requires a line of sight to be established between the GPS receiver and the GPS satellite, it is envisioned that in many situations, the GPS location that will be sent to the data help center as shown at Box 222), and the communication network between remote devices(Fellner, par. 51; The blue tooth-type receiver device can be in communication with the cell phone 18. The blue tooth-type receiver device 124 can also be used when the emergency alert device, and in particular the mobile phone member 18 thereof is used in its normal telephone mode, wherein the user is employing the mobile phone 18 to have a voice conversation with some third party).
Regarding Claim 14, Fellner further discloses the method of claim 1, wherein the short-range connection network comprises at least one of a wireless fidelity Wi-Fi network, a Bluetooth network (Fellner, par. 51; The blue tooth-type receiver device can be in communication with the cell phone), and a ZigBee ZigBee protocol network (Fellner, par. 25-26; The wearable member 14 includes a first transmitter 26 that comprises a radio frequency transmitter, similar to the radio wave-like transmitter that one might find in a highly miniaturized walkie-talkie 26 … The frequency range that is preferably used by the radio frequency transmitter 26 is in the 755 or 900 GHz band) Examiner notes, transmitter 26, falls in line with zigbee protocol of operation for the US (915 MHz).
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.
Claims 3, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Fellner (US-8249547- B1) in view of Castillo (US-20150161876-A1).
Regarding Claims 3 and 19, Fellner further discloses the invention according to claims 2 and 18, wherein the generating, by the terminal device, the first distress information based on the first pre-distress information comprises (Fellner, par. 48; Depression of the SOS button 106 begins an emergency alert actuation signaling protocol, that sends a signal to a care giver): sorting, by the terminal device, distress content in the first pre-distress information based on an importance degree (Fellner, figs. 17-18, pars. 86-87; the GPS location device information that is being sent out can include information relating to alarm types, such as the SOS mode, and information as to whether any particular batteries are low. Further, the information should include some identification information, such as the phones IMEI number so that the server can appropriately identify the GPS location information being given to ensure that it matches up with the user … FIG. 18 shows the GPS address message information data typically given. GPS address message 260 provides much of the same information but largely in a different format); and processing distress content corresponding to a sequence number before a preset threshold value, to obtain the first distress information (Fellner, par. 71; This causes the mobile phone unit 18 to send a pre-recorded message to the help center 216, that might consist of anything from an open phone line being established between the user and the help center, and a pre-recorded message telling the help center the name, address and other information about the person (user) who is initiating the message) Examiner notes, in figure 17, Fellner implicitly discloses the GPS information and alarm type in a numerical order of importance, for example prioritizing the current GPS position in the order of importance over the last known position or a GPS error.
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Fellner does not explicitly disclose a method where the pre-distress information content is sent after a preset threshold value is exceeded, however, Castillo discloses a method and system for emergency alerts using biometric sensors on wearable devices (Castillo, fig. 4, par. 62; if the received sensor data from wearable computing device 110 is outside of the threshold ranges or 170 and/or the received sensor data indicates a change in sensor data over a period time that is greater than a change threshold associated with the corresponding module, alert module 178 may determine different types of emergency situations have occurred. When alert module 178 determines an emergency situation has occurred, alert module 178 may transmit an emergency alert signal to a third party computing device 140).
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Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date to combine Fellner’s system for emergency alerts using wearable devices with Castillo’s method’s for sending emergency alerts using biometric sensors to provide the current health status of the users to first responders and reduce the number of false alerts based on the user’s status.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fellner (US-8249547- B1) in view of Boling et al. (US-20090224966-A1) hereinafter Boling.
Regarding Claim 7, Fellner discloses the method according to claim 5, wherein the determining whether the terminal device can be connected to the rescue processing device by using the cellular network comprises: determining, by the terminal device, whether the terminal device can be connected to the rescue processing device by using a subscriber identity identification (SIM) card operator cellular network in the cellular network (Fellner, par 33; the transceiver 32 of the mobile phone 18 has the capability to receive and transmit messages between the mobile phone, and a wireless phone network, such as the networks operated by mobile phone service providers); and when the terminal device can be connected to the rescue processing device by using the SIM card operator cellular network in the cellular network, determining that the first communication network is the SIM card operator cellular network in the cellular network (Fellner, par47; call buttons function similarly to begin and end call buttons that are found on most cell phones … This causes the mobile phone to then connect the phone call to the desired phone number); or when the terminal device cannot be connected to the rescue processing device by using the SIM card operator cellular network in the cellular network, determining, by the terminal device, whether the terminal device can be connected to the rescue processing device by using a non-SIM card operator cellular network in the cellular network; and when the terminal device can be connected to the rescue processing device by using a non- SIM card operator cellular network in the cellular network, determining that the first communication network is the non-SIM card operator cellular network in the cellular network; or the method further comprises: when the terminal device cannot be connected to the rescue processing device by using a non- SIM card operator cellular network in the cellular network, determining, by the terminal device, whether the terminal device can be connected to the rescue processing device by using the satellite network.
Fellner does not explicitly disclose a method of using the terminal device in non-SIM card networks, such as emergency satellites and alternate between them as needed to deliver the emergency alert to the appropriate recipient. However, Boling discloses a communication system for transmitting an emergency alert signal using an emergency search and rescue satellite when no other network is available (Boling, par. 9; The above and other needs are met by communication device that is capable of transmitting alert signals within more than one wireless communication system. When a commercial wireless carrier is available, the device transmits an alert signal to a central monitoring service via the commercial carrier network. When no commercial wireless carrier is available, the device transmits an alert signal that is received by an emergency alert satellite system).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine Fellner’s system for emergency alerts using wearable devices with Boling’s system for using emergency search and rescue satellites when there is no other available network to enhance emergency communications with first responders and ensure users can successfully deliver the emergency alerts in hard to reach areas that have low network coverage.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Fellner (US-8249547- B1) in view of Pellegrini et al. (US-20220051548-A1) hereinafter Pellegrini.
Fellner discloses the method according to claim 2, wherein the first pre-distress information further comprises at least one of user personal information, positioning information, emergency information, and situated environment information (Fellner, par. 72; If the device 10 is equipped with a GPS, the radio frequency transmitter within the wearable member 14 will also send a signal to the GPS, that is designed into and a part of the cell phone 18, to activate the GPS, to obtain a location of the user, as indicated at Box 220); the adverse sign information comprises at least one of a blood type, blood pressure, blood oxygen content, and a heart rate; the personal information comprises at least one of a gender and an age; the emergency information comprises at least one of a home address, an allergic reaction, an emergency contact name, and an emergency contact phone number (Fellner, par. 71;This causes the mobile phone unit 18 to send a pre-recorded message to the help center 216, that might consist of anything from an open phone line being established between the user and the help center, and a pre-recorded message telling the help center the name, address and other information about the person (user) who is initiating the message); and the situated environment information comprises at least one of a photo of a situated environment and a video of the environment.
Fellner does not explicitly disclose a method to send adverse sign information includes at least one of a blood type, blood pressure, blood oxygen content or heart rate. However, Pellegrini discloses a method for providing alarm and sensor data to emergency networks including demographic data (Pellegrini, par. 105; The data ingestion modules 373 may also provide an interface for posting or receiving static or dynamic emergency profile data … Demographic data may include a person's gender, ethnicity, age, etc.), health data, (Pellegrini, par. 105; Health data may include information such as a person's blood type or biometrics such as heart rate, blood pressure or temperature) and a video data (Pellegrini, par. 108; The data ingestion modules 373 may also include a multimedia ingestion module to provide an interface for posting or receiving data such as audio or video streams obtained during an emergency from a device 160 or sensor 197 that is proximal to the emergency, for example data may be received from a video camera operating as a sensor 197 or from some other type of sensor such as a gunshot detection system).
Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to combine Fellner system for emergency alerts using wearable devices with Pelligrini’s methods for providing alarm and sensor data to emergency networks to provide accurate and complete information of the person in distress to first responders so they can be better prepared to aid the user.
It is noted that any citations to specific pages, columns, lines or figures in the prior art references and any interpretation of the reference should not be considered limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably
suggested to a person of ordinary skill in the art. See MPEP 2123
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/MRCM/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649