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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/28/2026 has been entered.
Status of claims
Claims 1-20 have been examined. Claims 1, 9, 14-15 have been amended.
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 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maier et al. (US20100317317 hereinafter Maier) in view of Mueck et al. (US20230007483A1 hereinafter Mueck) and further in view of Chiu et al. (US 20210249144A1 hereinafter Chiu)
With respect to claim 1, Maier teaches a method, comprising:
receiving, at a public safety answering point (PSAP), from a device, an emergency communication related to a user. (‘317; Para 0244: by disclosure, Maier describes, as in FIG. 12A, the PSAP gateway network device 116 is a gateway network device including location application 26 that provides Public Safety Answering Points (PSAPs) 118 with the capability to receive NG911-compliant (i.e., SIP-based VoIP) emergency calls and other 911 emergency calls included in FIG. 12B embedded emergency location information 120 (e.g., 911, E911, NG911, etc.) even if their current call-taking Customer Premise Equipment (CPE) cannot strip out this imbedded location and display it on the call-taker's screen. The emergency location information gateway 116 hereinafter is referred to as a PSAP gateway 116,);
Mueck teaches
receiving, from the device, an authorization to access near real time health data for the user stored in a secure location, wherein the near real time health data includes at least one biometric reading of at least one health condition of the user, (‘483; Para 0771: communication by means of interpersonal communications services between an end-user and a public safety answering point (PSAP) with the goal to request and receive emergency relief from emergency services for sensitive data related to racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health, and/or data concerning a natural person's sex life or sexual orientation as illustrated in Para 0784)
communicating the authorization to an electronic device that controls access to the secure location to access the near real time health data related to the user (‘483; Para 0390); and
receiving from the secure location, the near real time health data related to the user (‘482; Paras 0771, 0784.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify the system of Maier with the technique of implementing the radio equipment directive as taught by Mueck and the motivation is to provide a PSAP with means for provide the authorization to access health reading of the user using Public safety Answering Points.
Chiu further teaches
wherein the at least one biometric reading is collected by one or more health monitoring devices associates with the user, and, the at least one biometric reading includes at least one of heart rate, temperature, oxygen saturation, blood pressure, blood glucose level, or electrocardiogram (ECG) data (‘144; Para 0023: the technologist will make an emergency services call from call center phone 56, and the call will be routed to the PSAP 40 responsible for the jurisdiction in which the patient, not the call center 54, is located. In additional implementations, the PSAP 40 will receive data indicating the patient's location by querying an ALI database 48 record associated with the call center phone; Para 0083: A patient with known cardiac disease requires ECG monitoring and stress testing to determine whether he suffers from acute coronary syndrome. Instead of admitting the patient to a hospital for the required monitoring and testing, he is discharged and fitted with a 12 lead continuous monitoring ECG device, such as the COTTER system supplied by Ross Medical Corporation. The ECG device communicates ECG data to the patients' communication device; Para 0086: patient with a low oxygen saturation or hypoxia condition, such as chronic obstructive pulmonary disease, restrictive pulmonary disease, asthma, congestive heart failure or any other condition that prevents adequate oxygen saturation is fitted with a pulse oximeter which transmits oxygen saturation data to patient communication device ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify the system of Maier/MUeck with the technique of patient emergency response as taught by Chiu and the motivation is to provide a PSAP with means for providing biometric reading from monitoring devices using Public safety Answering Points
Claim 15 is rejected as the same reason with claim 1.
With respect to claim 2, the combined art teaches the method of Claim 1, wherein in response to receiving the emergency communication, the PSAP sends a request for the authorization to access the near real time health data for the user (‘483; Abstract).
Claim 16 is rejected as the same reason with claim 2.
With respect to claim 3, the combined art teaches the method of Claim 1, wherein the near real time health data is a biometric reading of a condition of the user that has been collected within less than five (5) minutes from when the health data is received from the secure location (‘483; Para 0334).
Claims 12 and 17 are rejected as the same reason with claim 3.
With respect to claim 4, the combined art teaches the method of Claim 1, further comprising: communicating the near real time health data to a first responder responding to the emergency communication (‘483; Para 0334: the AIFS or timer(s) may be set to 0 as discussed above if the device is registered as being owned or operated by emergency responder (e.g., paramedics, police, firefighters, etc.), whereas the AIFS or timer(s) may be set to some other value if the device is registered as being owned or operated by non-emergency personnel.).
Claim 10 is rejected as the same reason with claim 4.
With respect to claim 5, the combined art teaches the method of Claim 1, further comprising: communicating the authorization to access the health data related to the user to a first responder to allow the first responder to receive the near real time health data from the secure location (‘483; Paras 0771, 0784).
Claims 11 and 20 are rejected as the same reason with claim 5
With respect to claim 6, the combined art teaches the method of Claim 5, wherein the near real time health data of the user that has been collected within less than three (3) minutes from when the health data was received by the first responder (‘483; Paras 0771, 0784).
With respect to claim 7, the combined art teaches the method of Claim 1, wherein the near real time health data related to the user was collected by one or more health monitoring devices associated with the user (‘483; Paras 0253, 0442: medical applications, such as remote surgery, monitoring of patient's life support data, etc. require highly reliable and stable communication systems).
Claims 14 and 19 are rejected as the same reason with claim 7.
With respect to claim 8, the combined art teaches the method of Claim 1, further comprising: receiving updated near real time health data related to the user (‘483; Paras 0442, 0447).
With respect to claim 9, Maier teaches a system located at a public safety answering point (PSAP), the system comprising:
memory; at least one processor (‘317; Para 0055);
a communication engine located at the PSAP, the communication engine configured to:
receive, from a device, a medical emergency communication related to a user (‘317; Para 0244: by disclosure, Maier describes, as in FIG. 12A, the PSAP gateway network device 116 is a gateway network device including location application 26 that provides Public Safety Answering Points (PSAPs) 118 with the capability to receive NG911-compliant (i.e., SIP-based VoIP) emergency calls and other 911 emergency calls included in FIG. 12B embedded emergency location information 120 (e.g., 911, E911, NG911, etc.) even if their current call-taking Customer Premise Equipment (CPE) cannot strip out this imbedded location and display it on the call-taker's screen. The emergency location information gateway 116 hereinafter is referred to as a PSAP gateway 116,);
Mueck teaches
determine whether the medical emergency communication is related to a medical emergency associated with the user (‘483; Para 0286: An example procedure for scenario 1600 of FIG. 16 may operate as follows: First, an initiating device (e.g., RE1) listens to the communication by a target device (e.g., RE2). Then, the initiating device (e.g., RE1) identifies or determines whether the applied RAT (e.g., RAT2) is known to the initiating device and whether the initiating device (e.g., RE1) is able to establish a communication in one of the modes that are decodable by the target device (e.g., RAT2). For example, the initiating device (e.g., RE1) may identify and/or determine whether PHY and/or MAC layer aspects of RAT1 are common, compatible, or otherwise capable of being decoded and/or understood by RE2 using some aspects of RAT2. If yes, the communication is established using such a mode which is compatible with RAT1 and RAT2.);
in response to determining the medical emergency communication is related to a medical emergency associated with the user, communicate a request for authorization to access near real time health data for the user, wherein the near real time health data includes at least one biometric reading of at least one health condition of the user (‘483; Para 0771: communication by means of interpersonal communications services between an end-user and a public safety answering point (PSAP) with the goal to request and receive emergency relief from emergency services for sensitive data related to racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health, and/or data concerning a natural person's sex life or sexual orientation as illustrated in Para 0784s); wherein the at least one biometric reading is collected by one or more health monitoring devices associated with the user;
receive, from the device, the authorization to access near real time health data for the user (‘483; Para 0771: communication by means of interpersonal communications services between an end-user and a public safety answering point (PSAP) with the goal to request and receive emergency relief from emergency services for sensitive data related to racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health, and/or data concerning a natural person's sex life or sexual orientation as illustrated in Para 0784);
communicate the authorization to an electronic device that controls access to the near real time health data to access the near real time health data related to the user (‘483; Para 0390); and
receive, the near real time health data related to the user (‘482; Paras 0771, 0784.).
Chiu teaches
wherein the at least one biometric reading is collected by one or more health monitoring devices associated with the user (‘144; Para 0023: the technologist will make an emergency services call from call center phone 56, and the call will be routed to the PSAP 40 responsible for the jurisdiction in which the patient, not the call center 54, is located. In additional implementations, the PSAP 40 will receive data indicating the patient's location by querying an ALI database 48 record associated with the call center phone; Para 0083: A patient with known cardiac disease requires ECG monitoring and stress testing to determine whether he suffers from acute coronary syndrome. Instead of admitting the patient to a hospital for the required monitoring and testing, he is discharged and fitted with a 12 lead continuous monitoring ECG device, such as the COTTER system supplied by Ross Medical Corporation. The ECG device communicates ECG data to the patients' communication device; Para 0086: patient with a low oxygen saturation or hypoxia condition, such as chronic obstructive pulmonary disease, restrictive pulmonary disease, asthma, congestive heart failure or any other condition that prevents adequate oxygen saturation is fitted with a pulse oximeter which transmits oxygen saturation data to patient communication device ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify the system of Maier/MUeck with the technique of patient emergency response as taught by Chiu and the motivation is to provide a PSAP with means for providing biometric reading from monitoring devices using Public safety Answering Points).
With respect to claim 13, the combined art teaches the system of Claim 9, wherein the near real time health data is stored in a secure location in cloud storage (‘317; Para 0057).
With respect to claim 18, the combined art teaches the method of Claim 15, further comprising: receiving updated near real time health data related to the user (‘317; Para 0133).
With respect to claim 20, the combined art teaches the method of Claim 15, wherein the authorization to access the near real time health data for the user from the secure location is located on a device that initiated the communication to the PSAP (‘317; Para 0232).
Response to Arguments
Applicant’s arguments with respect to claims dated 02/28/2026 have been considered but are moot because the arguments do not apply to the references of Chiu being used in the current rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIEP VAN NGUYEN whose telephone number is (571)270-5211. The examiner can normally be reached Monday through Friday between 8:00AM and 5:00PM EST.
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, Jason B Dunham can be reached at 5712728109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HIEP V NGUYEN/Primary Examiner, Art Unit 3686