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 .
Response to Amendment
The amendment to the claims filed 06/02/2026 has been entered. Applicants’ amendments to the claims have overcome the 35 U.S.C. 102 rejection previously presented. Claims 1-3, 5-16 and 18-21 remain pending in the application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-16 and 18-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 5 objected to because of the following informalities: in the instant case, claim 5 recites dependency upon a previously canceled claim (i.e. claim 4) failing to clearly point out the claim of which it depends. For examination purposes, the examiner has interpreted claim 5 to depend on Claim 1. Appropriate correction is required.
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 1-3, 5, 8-12, 14-16 and 18-19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Fellner (US-8249547-B1, published: 2012-08-21) in view of Castillo (US-20150161876-A1, published: 2015-06-11) and further in view of Boling et al. (US-20090224966-A1, published: 2009-09-10) hereinafter Boling.
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, system and terminal device, wherein the method comprises: obtaining, by the terminal device (Fellner, par. 22; comprises a wearable member and a separately encased mobile phone member that is selectively attachable to the wearable member) see figs. 9-10, the 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); automatically 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) according to 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, 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), see also fig. 12; in responses to determining that the terminal device can be connected to the rescue processing device 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), sending, by the terminal device, the first distress information to the rescue processing device using the selected first communication network; and in response to determining that the communication connection cannot be established using the selected communication network, automatically re-selecting, by the terminal device, a new first communication network from the plurality of communication networks according to the preset sequence, wherein the preset sequence from front to back is: the short-range connection network, the cellular network, the satellite network, and the communication between remote devices (Fellner, fig. 12 pars. 70-73; the emergency caller is actuated by the user pressing the SOS button on the band as shown in Box 212 … 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 … 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 … 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) se also steps 228-234 and fig. 13 steps 221-236.
Fellner is silent on the automatic transmission of an emergency alert based on the user’s health information, however, Castillo discloses a system for automatically transmitting an emergency alert based on user’s biometric data (Castillo, fig. 1, par. 29; a topology for automatically transmitting an emergency alert signal based on biometric data measured from sensors embedded within a wearable computing device).
Therefore, a person of ordinary skill in the art before the effective filing date of the claimed invention seeking to automate the transmission of emergency alerts using user health data would be motivated to combine Fellner’s teachings for user initiated emergency alert mechanisms with Castillo’s emergency alert transmission based on user biometric data to enhance communication with first responders, transmitting information of the user’s condition and location.
The combination of Fellner and Castillo is silent on the automatic reselection of carrier network communication. However, Boling discloses an emergency location beacon system for transmitting alerts when commercial wireless networks are unavailable (Boling, abstract; When a commercial wireless carrier network is available, the device transmits the emergency alert signal to a central monitoring service via the wireless carrier network. When no wireless carrier network is available, the device transmits the emergency alert signal to an emergency search and rescue (SAR) satellite system) see also pars. 9-10.
Therefore, a person of ordinary skill in the art before the effective filing date of the claimed invention seeking to enhance communication with first responders in an emergency would be motivated to combine Fellner’s teachings for user initiated emergency alert mechanisms with Castillo’s emergency alert transmission based on user biometric data and Boling’s emergency locator beacon system to ensure the emergency alerts reach first responders even when commercial carrier networks are unavailable or the user is in a remote location.
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Regarding Claims 2, 18 and 21, the combination of Fellner, Castillo and Boling further teach 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 (Castillo, fig. 1, par. 29; a topology for automatically transmitting an emergency alert signal based on biometric data measured from sensors embedded within a wearable computing device) see also fig. 3.
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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 (Castillo, fig. 3, par. 97; At operation 340, it may be determined that the received biometric data is outside of a range threshold. Responsive to determining the biometric data is outside of a range threshold, it may be determined that an emergency alert signal should be transmitted. Operation 340 may be performed by an alert module that is the same as or similar to alert module 178, in accordance with one or more implementation) see also fig. 4; 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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Regarding Claim 5, the combination of Fellner, Castillo and Boling further teach the invention according to claim 1, wherein selecting, by the terminal device, the first communication network from the plurality of communication networks according to the preset sequence (Fellner, fig. 12 pars. 70-73; the emergency caller is actuated by the user pressing the SOS button on the band as shown in Box 212 … 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 … 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 … 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) se also steps 228-234 and fig. 13 steps 221-236; 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 (Castillo, fig. 3 par. 97; At operation 340, it may be determined that the received biometric data is outside of a range threshold. Responsive to determining the biometric data is outside of a range threshold, it may be determined that an emergency alert signal should be transmitted) See also step 350; 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 according to 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 according to the preset sequence, and attempting to establish the communication connection with the rescue processing device using the short-range connection network (Fellner, par. 68; The first step in the protocol 198 for programming the blue tooth receiver 200 is to program the device only to search and pair with an audio device); in response to determining that the terminal device cannot be connected to the rescue processing device using the short-range connection network, selecting, by the terminal device, the cellular network next in the present sequence, and attempting to establish the communication connection between the terminal device and the rescue processing device by using the cellular 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); and in response to determining that the terminal device cannot be connected to the rescue processing device using the cellular network, selecting, by the terminal device, the satellite network next in the present sequence , and attempting to establish the communication connection between the terminal device and the rescue processing device by using the satellite network (Boling, abstract; When a commercial wireless carrier network is available, the device transmits the emergency alert signal to a central monitoring service via the wireless carrier network. When no wireless carrier network is available, the device transmits the emergency alert signal to an emergency search and rescue (SAR) satellite system) see also pars. 9-10; and in response to determining that the terminal device cannot be connected to the rescue processing device by using the satellite network, selecting, by the terminal device, the communication network between remote devices next in the preset sequence and attempting to establish the communication connection between the terminal device and the rescue processing device by using the communication network between remote devices (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) see also Boling fig. 4A, steps 106-130; and in response to determining that 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 another communication network in the preset sequence, and repeating the attempting step until the communication connection is successfully established (Boling, par. 29; Each LEOSAR satellite carries a Search and Rescue Repeater that receives and retransmits signals anytime the satellite is in view of a ground station, and a Search and Rescue Processor that receives 406 MHz transmissions, provides measurements of the frequency and time, and then retransmits this data in real-time or stores it aboard for later transmission).
Regarding Claim 8, the combination of Fellner, Castillo and Boling further teach 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 (Castillo, par. 55; the database entry may include baseline values associated with the wearer's biometric data and/or threshold values associated with when an emergency alert signal should be transmitted, wherein the threshold values may be dynamically changed by the user or are set default values); 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 (Castillo, par. 98; The emergency alert signal may be transmitted to users within a group, wherein the group may be determined based on the timestamp and the user's schedule).
Regarding Claim 9, the combination of Fellner, Castillo and Boling further teach 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) see also Boling par. 48.
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Regarding Claim 10, the combination of Fellner, Castillo and Boling further teach 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) see also Castillo fig. 3 step 350.
Regarding Claim 11, the combination of Fellner, Castillo and Boling further teach the method of claim 10, wherein the rescue information comprises rescue time (Boling, par. 52; the user's position is calculated using information provided by an assisted network. The information obtained can be in the form of time aiding (to narrow the search range of GPS signals), approximate location information or GPS ephemeris data) and a communication mode between the rescue team and the user (Boling, par. 25; The SRCC 64 comprises communication hardware and software for communicating with the MCC 66, a wireless service provider 60 and local search and rescue agencies 62. The SRCC 64 may also communicate with public service answering points (PSAP's), which are physical locations where emergency telephone calls are received and routed to the proper emergency service response agency)see also Castillo fig. 3, step 350 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 Claim 12, the combination of Fellner, Castillo, and Boling further teach the invention 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 (Castillo, par. 41; Utilizing user interface 118, the wearer of wearable computing device 110 may customize biometric sensor thresholds that may trigger an emergency alert signal being transmitted, perform commands to enter contact information where the emergency alert signal should be transmitted, enter data associated with a wearer's profile, which may include medical information of the wearer, a height of the wearer, a weight of the wearer, contact information of the wearer, blood type of the wearer, allergies of the wearer, a home address of the wearer, etc); and the situated environment information comprises at least one of a photo of a situated environment and a video of the environment (Castillo, Par. 78; Embodiments may utilize cameras positioned disposed on or within buildings configured to receive audio or video data, such that the first responders may see in real time what is happening at the building).
Regarding Claim 14 the combination of Fellner, Castillo, and Boling further teaches 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).
Claims 6-7 , 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Fellner (US-8249547-B1, published: 2012-08-21) in view of Castillo (US-20150161876-A1, published: 2015-06-11) and further in view of Boling et al. (US-20090224966-A1, published: 2009-09-10) hereinafter Boling and further in view of Meyer et al. (US-11504074-B1, EFD: 2020-07-31) hereinafter Meyer.
Regarding Claim 6, the combination of Fellner, Castillo and Boling further teach the invention 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) see also Castillo fig. 4 step 440.
The combination of Fellner, Castillo and Boling is silent on a method where the rescuers device connects to the user’s short range network. However, in analogous art Meyer discloses a system to automatically request medical assistance during an emergency by establishing communication with nearby devices using various short range networks (Meyer, fig. 7, step 702, par. 29; device 210 may establish communication with any nearby devices) see also fig. 8.
Therefore, a person of ordinary skill in the art before the effective filing date of the claimed invention looking to enhance user positioning during an emergency would be motivated to combine Fellner’s teachings for user initiated emergency alert mechanisms with Castillo’s emergency alert transmission based on user biometric data and Boling’s emergency locator beacon system and Meyers teachings for locating users by connecting to nearby devices to aid first responders in locating people in hard to reach areas or when their devices are unable to connect to any cellular network.
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Regarding Claim 7, the combination of Fellner, Castillo, Boling and Meyer further teach the invention 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 (Meyer, fig. 7, step 702, par. 29; device 210 may establish communication with any nearby devices)see also fig. 8; 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, fig. 12, 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. If verbal communication can be established between the help center and the user, the issue can be resolved over the phone).
Regarding Claims 13 and 20, the combination of Fellner, Castillo, Boling and Meyer further teaches 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 (Meyer, fig. 7, step 702, par. 29; device 210 may establish communication with any nearby devices)see also fig. 8., 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).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIO R CAMPERO MIRAMONTES whose telephone number is (571)272-5792. The examiner can normally be reached Monday -Thursday 0600 - 1600.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuwen (Kevin) Pan can be reached at (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIO R CAMPERO MIRAMONTES/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649