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
Applicant’s claim for domestic benefit under 35 U.S.C. 119(e) is acknowledged.
Information Disclosure Statement
The information disclosure statement submitted has been considered by the Examiner and made of record in the application file.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent Nos. 9642131, 10002520, 10264412, 10785610, 11638124, and 12069546. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the claimed subject matter to arrive at the instantly claimed invention.
See example claim comparison table below.
Claim 1:
Instant Application
Patent # 964131
Comment
1. A system, comprising: a first computing device of a responder, the first computing device comprising: a first wireless network interface configured to communicate via a wireless communication network; a first processor; and a first memory having first instructions stored thereon, the first instructions, when executed by the first processor, cause the first computing device to perform first operations comprising: obtaining information from a responder device in communication with the first computing device, wherein the information comprises one or more of biometric information or responder device status information; and
1. A method of automated communication between a computing device of a responder and a computing device of a dispatch unit, the method performed by the computing device of the responder, the method comprising:
Substantially similar subject matter. Obvious over dependent claims 2-8.
sending the information via the first wireless network interface; and a second computing device, comprising: a network interface; a display device; a second processor; and a second memory having second instructions stored thereon, the second instructions in response to execution by the second processor cause the second computing device to perform second operations comprising: receiving, via the network interface, the information from the first computing device; and
determining that an event has occurred, the event is associated with the responder; in response to determining that the event occurred, automatically sending an indication of the event to the computing device of the dispatch unit; receiving, from the computing device of the dispatch unit, a request for information, the computing device of the dispatch unit is configured to send the request for information in response to receiving the indication of the event; obtaining the requested information; and sending the requested information to the computing device of the dispatch unit.
Substantially similar subject matter. Obvious over dependent claims 2-8.
in accordance with the information, displaying, via the display device, a status of the responder.
Claims 6 and 7.
Substantially similar subject matter. Obvious over dependent claims 2-8.
Claims 2-17 are obvious over claims 2-8.
Claim 18:
Instant Application
Patent # 964131
Comment
18. A non-transitory computer readable medium having instructions embodied thereon for managing a plurality of responders, wherein each responder of the plurality of responders has a respective computing device of a plurality of computing devices and the instructions, in response to execution by a dispatch computing device, cause the dispatch computing device to perform operations comprising:
1. A method of automated communication between a computing device of a responder and a computing device of a dispatch unit, the method performed by the computing device of the responder, the method comprising:
Substantially similar subject matter. Obvious over dependent claims 2-8.
receiving responder status information from each computing device of the plurality of computing devices; and for each responder of the plurality of responders, displaying an indication of the responder status information received from the respective computing device of the responder, wherein the indication includes an indication of one or more of whether the responder is inside or outside of a vehicle, whether hardware of the responder is activated, whether a light bar of the responder is active, or whether a stress level of the responder exceeds a threshold.
determining that an event has occurred, the event is associated with the responder; in response to determining that the event occurred, automatically sending an indication of the event to the computing device of the dispatch unit; receiving, from the computing device of the dispatch unit, a request for information, the computing device of the dispatch unit is configured to send the request for information in response to receiving the indication of the event; obtaining the requested information; and sending the requested information to the computing device of the dispatch unit.
Substantially similar subject matter. Obvious over dependent claims 2-8.
Claims 18-20 are obvious over claims 2-8.
Similar analysis for Patent Nos. 10002520, 10264412, 10785610,11638124, and 12069546.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation "line 2" in the second responder. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "line 2" in the second responder. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "line 2" in the second responder. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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) 1-15 and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Johnson et al. USPN 2016/0135029.
Consider claim 1, Johnson discloses a system, comprising: a first computing device of a responder (see fig. 1: cameras and other sensors associated with police officer), the first computing device comprising: a first wireless network interface configured to communicate via a wireless communication network (see fig. 1; 107); a first processor; and a first memory having first instructions stored thereon, the first instructions, when executed by the first processor, cause the first computing device to perform first operations comprising: obtaining information from a responder device in communication with the first computing device, wherein the information comprises one or more of biometric information or responder device status information (see [0089-0090]: “…utility belt status sensor to sense the status of a utility belt or instruments associated with the utility belt, such as whether a gun, Taser, pepper spray or other weapon has been unholstered, a weapons sensor sensing if a gun, Taser, pepper spray or other weapon has had a respective safety device released, or if the weapon has been discharged, a heart rate monitor to monitor the heart rate of the field officer 101, a stress sensor providing stress indicator data (e.g., pupil dilation, accelerated breathing, and/or adrenaline) sensed from field officer 101, a running sensor (e.g., an accelerometer) to determine if the officer 101 is running, and/or a sensor to determine if the officer is lying down or otherwise not in a vertical position…” “…Sensors 104 may also include (alternatively or in addition) flashing light status sensors, siren status sensors, door lock/unlock sensors, door open/close sensors, or seat occupancy sensors…”); and sending the information via the first wireless network interface; and a second computing device, comprising: a network interface; a display device; a second processor; and a second memory having second instructions stored thereon, the second instructions in response to execution by the second processor cause the second computing device to perform second operations comprising: receiving, via the network interface, the information from the first computing device (see [0092]: “…Each (or multiple groups) of the additional remote field officers may be equipped with their own sensing device(s) 102, sensor(s) 104, and/or vehicle 105, (with corresponding separate communication links 103 if implemented). Throughout this disclosure, exemplary details regarding remote officer 101, devices associated with remote officer 101 (such as sensing device(s) 102, communication link 103, sensor(s) 104, vehicle 105, communication link 106) and the operation of such devices may be equally applicable to additional remote field officers 111…” “… real-time or recorded sensor information of sensing device(s) 102 and sensors 104 (that may include rich media) may be transmitted with the communications network (via a broadband wireless network 107) to a remote location, such as to one or more of dispatch personnel 108, commander(s) 109 and other mobile field officers 111…”); and in accordance with the information, displaying, via the display device, a status of the responder (see [0116]: “…central station system may support one or more visualization clients (e.g., one or more displays for simultaneously displaying sensor video and/or image data from one or more of mobile systems/devices 401, 402) 411 so that other users such as dispatch, trainees, or other investigators can view rich media and other sensor information from the mobile devices…”).
Consider claim 2 as applied to respective claim, Johnson discloses the information comprises the biometric information and obtaining the information comprises obtaining biometric data about the responder from one or more biometric sensors configured to generate the biometric data (see [0089-0090]: “…utility belt status sensor to sense the status of a utility belt or instruments associated with the utility belt, such as whether a gun, Taser, pepper spray or other weapon has been unholstered, a weapons sensor sensing if a gun, Taser, pepper spray or other weapon has had a respective safety device released, or if the weapon has been discharged, a heart rate monitor to monitor the heart rate of the field officer 101, a stress sensor providing stress indicator data (e.g., pupil dilation, accelerated breathing, and/or adrenaline) sensed from field officer 101, a running sensor (e.g., an accelerometer) to determine if the officer 101 is running, and/or a sensor to determine if the officer is lying down or otherwise not in a vertical position…”).
Consider claim 3 as applied to respective claim, Johnson discloses the biometric information includes heart rate, body temperature, or blood pressure (see [0089-0090]: “…utility belt status sensor to sense the status of a utility belt or instruments associated with the utility belt, such as whether a gun, Taser, pepper spray or other weapon has been unholstered, a weapons sensor sensing if a gun, Taser, pepper spray or other weapon has had a respective safety device released, or if the weapon has been discharged, a heart rate monitor to monitor the heart rate of the field officer 101, a stress sensor providing stress indicator data (e.g., pupil dilation, accelerated breathing, and/or adrenaline) sensed from field officer 101, a running sensor (e.g., an accelerometer) to determine if the officer 101 is running, and/or a sensor to determine if the officer is lying down or otherwise not in a vertical position…”).
Consider claim 4 as applied to respective claim, Johnson discloses obtaining the information comprises processing the biometric data to determine whether a stress level of the responder exceeds a stress threshold, and wherein the biometric information comprises whether the stress level of the responder exceeds the stress threshold (see [0089-0090]: “…utility belt status sensor to sense the status of a utility belt or instruments associated with the utility belt, such as whether a gun, Taser, pepper spray or other weapon has been unholstered, a weapons sensor sensing if a gun, Taser, pepper spray or other weapon has had a respective safety device released, or if the weapon has been discharged, a heart rate monitor to monitor the heart rate of the field officer 101, a stress sensor providing stress indicator data (e.g., pupil dilation, accelerated breathing, and/or adrenaline) sensed from field officer 101, a running sensor (e.g., an accelerometer) to determine if the officer 101 is running, and/or a sensor to determine if the officer is lying down or otherwise not in a vertical position…”).
Consider claim 5 as applied to respective claim, Johnson discloses the information comprises the responder device status information, and wherein the responder device is associated with the responder (see [0089-0090]: “…utility belt status sensor to sense the status of a utility belt or instruments associated with the utility belt, such as whether a gun, Taser, pepper spray or other weapon has been unholstered, a weapons sensor sensing if a gun, Taser, pepper spray or other weapon has had a respective safety device released, or if the weapon has been discharged, a heart rate monitor to monitor the heart rate of the field officer 101, a stress sensor providing stress indicator data (e.g., pupil dilation, accelerated breathing, and/or adrenaline) sensed from field officer 101, a running sensor (e.g., an accelerometer) to determine if the officer 101 is running, and/or a sensor to determine if the officer is lying down or otherwise not in a vertical position…”).
Consider claim 6 as applied to respective claim, Johnson discloses the status of the responder includes an indication of whether the responder is inside or outside of a vehicle of the responder and the responder device is associated with the vehicle of the responder (see [0090]: “…Sensors 104 may also include (alternatively or in addition) flashing light status sensors, siren status sensors, door lock/unlock sensors, door open/close sensors, or seat occupancy sensors…”).
Consider claim 7 as applied to respective claim, Johnson discloses the status of the responder includes an indication of whether a light bar of a vehicle of the responder is active; and the responder device comprises the light bar (see [0090]: “…Sensors 104 may also include (alternatively or in addition) flashing light status sensors, siren status sensors, door lock/unlock sensors, door open/close sensors, or seat occupancy sensors…”).
Consider claim 8 as applied to respective claim, Johnson discloses the information includes an indication of whether a holster is open or closed and the responder device comprises a holster sensor (see [0089-0090]: “…utility belt status sensor to sense the status of a utility belt or instruments associated with the utility belt, such as whether a gun, Taser, pepper spray or other weapon has been unholstered, a weapons sensor sensing if a gun, Taser, pepper spray or other weapon has had a respective safety device released, or if the weapon has been discharged, a heart rate monitor to monitor the heart rate of the field officer 101, a stress sensor providing stress indicator data (e.g., pupil dilation, accelerated breathing, and/or adrenaline) sensed from field officer 101, a running sensor (e.g., an accelerometer) to determine if the officer 101 is running, and/or a sensor to determine if the officer is lying down or otherwise not in a vertical position…”).
Consider claim 9 as applied to respective claim, Johnson discloses the status includes an indication that a weapon associated with the responder is drawn (see [0089-0090]: “…utility belt status sensor to sense the status of a utility belt or instruments associated with the utility belt, such as whether a gun, Taser, pepper spray or other weapon has been unholstered, a weapons sensor sensing if a gun, Taser, pepper spray or other weapon has had a respective safety device released, or if the weapon has been discharged, a heart rate monitor to monitor the heart rate of the field officer 101, a stress sensor providing stress indicator data (e.g., pupil dilation, accelerated breathing, and/or adrenaline) sensed from field officer 101, a running sensor (e.g., an accelerometer) to determine if the officer 101 is running, and/or a sensor to determine if the officer is lying down or otherwise not in a vertical position…”).
Consider claim 10 as applied to respective claim, Johnson discloses information includes an indication of whether hardware of the responder is activated, and the responder device comprises a camera or a communication system (see fig. 1: 102; [0089-0090]: “…utility belt status sensor to sense the status of a utility belt or instruments associated with the utility belt, such as whether a gun, Taser, pepper spray or other weapon has been unholstered, a weapons sensor sensing if a gun, Taser, pepper spray or other weapon has had a respective safety device released, or if the weapon has been discharged, a heart rate monitor to monitor the heart rate of the field officer 101, a stress sensor providing stress indicator data (e.g., pupil dilation, accelerated breathing, and/or adrenaline) sensed from field officer 101, a running sensor (e.g., an accelerometer) to determine if the officer 101 is running, and/or a sensor to determine if the officer is lying down or otherwise not in a vertical position…”).
Consider claim 11 as applied to respective claim, Johnson discloses the status comprises an indication of an availability of the responder to respond to an incident (see fig. 9 “Day Shift”).
Consider claim 12 as applied to respective claim, Johnson discloses a third computing device of a second responder, the third computing device comprising: a second wireless network interface configured to communicate via a second wireless communication network; a third processor; and a third memory having third instructions stored thereon, the third instructions, when executed by the third processor, cause the third computing device to perform third operations comprising: obtaining second information from a second responder device in communication with the third computing device, wherein the second information comprises one or more of second biometric information or second responder device status information; and sending the second information via the second wireless network interface, and wherein the second operations further comprise: receiving, via the network interface, the second information from the third computing device (see [0092]: “…Each (or multiple groups) of the additional remote field officers may be equipped with their own sensing device(s) 102, sensor(s) 104, and/or vehicle 105, (with corresponding separate communication links 103 if implemented). Throughout this disclosure, exemplary details regarding remote officer 101, devices associated with remote officer 101 (such as sensing device(s) 102, communication link 103, sensor(s) 104, vehicle 105, communication link 106) and the operation of such devices may be equally applicable to additional remote field officers 111…” “… real-time or recorded sensor information of sensing device(s) 102 and sensors 104 (that may include rich media) may be transmitted with the communications network (via a broadband wireless network 107) to a remote location, such as to one or more of dispatch personnel 108, commander(s) 109 and other mobile field officers 111…”); and in accordance with the second information, displaying, via the display device, a second status of the second responder at a same time as the status of the responder (see [0116]).
Consider claim 13 as applied to respective claim, Johnson discloses the information comprises the biometric information and the second information comprises the second responder device status information (see [0089-0090]: “…utility belt status sensor to sense the status of a utility belt or instruments associated with the utility belt, such as whether a gun, Taser, pepper spray or other weapon has been unholstered, a weapons sensor sensing if a gun, Taser, pepper spray or other weapon has had a respective safety device released, or if the weapon has been discharged, a heart rate monitor to monitor the heart rate of the field officer 101, a stress sensor providing stress indicator data (e.g., pupil dilation, accelerated breathing, and/or adrenaline) sensed from field officer 101, a running sensor (e.g., an accelerometer) to determine if the officer 101 is running, and/or a sensor to determine if the officer is lying down or otherwise not in a vertical position…”).
Consider claim 14 as applied to respective claim, Johnson discloses the status of the responder includes whether the responder is in or out of a vehicle and the second status of the second responder includes an indication of a stress level of the second responder (see [0090]: “…Sensors 104 may also include (alternatively or in addition) flashing light status sensors, siren status sensors, door lock/unlock sensors, door open/close sensors, or seat occupancy sensors…”).
Consider claim 15 as applied to respective claim, Johnson discloses the status of the responder includes whether a light bar of a vehicle of the responder is active and the second status of the second responder includes an indication of a stress level of the second responder (see [0090]: “…Sensors 104 may also include (alternatively or in addition) flashing light status sensors, siren status sensors, door lock/unlock sensors, door open/close sensors, or seat occupancy sensors…”).
Consider claim 17 as applied to respective claim, Johnson discloses the information further comprises live video and sending the information comprises streaming the live video to the second computing device (see [0099]: “…Live or recorded rich media or other sensor data may be streamed in real-time or after the fact to other remote field officers 111. FIG. 3 illustrates an exemplary process. Rich media or other sensor data described herein is acquired by remote mobile officers 111 with sensors on their person or in their vehicles…”).
Examiner Note: See detailed rejection analysis of independent claim 1 for any remaining independent claim rejections.
Consider claim 18, Johnson discloses a non-transitory computer readable medium having instructions embodied thereon for managing a plurality of responders, wherein each responder of the plurality of responders has a respective computing device of a plurality of computing devices and the instructions, in response to execution by a dispatch computing device (see fig. 1; [0089-0090; 0116]), cause the dispatch computing device to perform operations comprising: receiving responder status information from each computing device of the plurality of computing devices (see fig. 1; [0089-0090; 0116]); and for each responder of the plurality of responders, displaying an indication of the responder status information received from the respective computing device of the responder, wherein the indication includes an indication of one or more of whether the responder is inside or outside of a vehicle, whether hardware of the responder is activated, whether a light bar of the responder is active, or whether a stress level of the responder exceeds a threshold (see fig. 1; [0089-0090; 0116]).
Consider claim 19 as applied to respective claim, Johnson discloses displaying the indication of the responder status information received from the respective computing device for each responder of the plurality of responders includes displaying a first indication for a first responder and a second indication for a second responder (see [0092]: “…Each (or multiple groups) of the additional remote field officers may be equipped with their own sensing device(s) 102, sensor(s) 104, and/or vehicle 105, (with corresponding separate communication links 103 if implemented). Throughout this disclosure, exemplary details regarding remote officer 101, devices associated with remote officer 101 (such as sensing device(s) 102, communication link 103, sensor(s) 104, vehicle 105, communication link 106) and the operation of such devices may be equally applicable to additional remote field officers 111…” “… real-time or recorded sensor information of sensing device(s) 102 and sensors 104 (that may include rich media) may be transmitted with the communications network (via a broadband wireless network 107) to a remote location, such as to one or more of dispatch personnel 108, commander(s) 109 and other mobile field officers 111…”), and wherein the first indication comprises whether a first light bar of a vehicle of the first responder is active and the second indication comprises whether the stress level of the second responder exceeds the threshold (see [0089-0090]: “…utility belt status sensor to sense the status of a utility belt or instruments associated with the utility belt, such as whether a gun, Taser, pepper spray or other weapon has been unholstered, a weapons sensor sensing if a gun, Taser, pepper spray or other weapon has had a respective safety device released, or if the weapon has been discharged, a heart rate monitor to monitor the heart rate of the field officer 101, a stress sensor providing stress indicator data (e.g., pupil dilation, accelerated breathing, and/or adrenaline) sensed from field officer 101, a running sensor (e.g., an accelerometer) to determine if the officer 101 is running, and/or a sensor to determine if the officer is lying down or otherwise not in a vertical position…” “…Sensors 104 may also include (alternatively or in addition) flashing light status sensors, siren status sensors, door lock/unlock sensors, door open/close sensors, or seat occupancy sensors…”).
Consider claim 20 as applied to respective claim, Johnson discloses displaying the indication of the responder status information received from the respective computing device for each responder of the plurality of responders includes displaying a first indication for a first responder and a second indication for a second responder, and wherein the first indication comprises an indication of the stress level of the first responder and the second indication comprises an indication of the stress level of the second responder (see [0089-0090]: “…utility belt status sensor to sense the status of a utility belt or instruments associated with the utility belt, such as whether a gun, Taser, pepper spray or other weapon has been unholstered, a weapons sensor sensing if a gun, Taser, pepper spray or other weapon has had a respective safety device released, or if the weapon has been discharged, a heart rate monitor to monitor the heart rate of the field officer 101, a stress sensor providing stress indicator data (e.g., pupil dilation, accelerated breathing, and/or adrenaline) sensed from field officer 101, a running sensor (e.g., an accelerometer) to determine if the officer 101 is running, and/or a sensor to determine if the officer is lying down or otherwise not in a vertical position…” “…Sensors 104 may also include (alternatively or in addition) flashing light status sensors, siren status sensors, door lock/unlock sensors, door open/close sensors, or seat occupancy sensors…”; [0116]: “…central station system may support one or more visualization clients (e.g., one or more displays for simultaneously displaying sensor video and/or image data from one or more of mobile systems/devices 401, 402) 411 so that other users such as dispatch, trainees, or other investigators can view rich media and other sensor information from the mobile devices…”).
Allowable Subject Matter
Claim 16 is allowable over prior art. However, Double Patenting rejection remains outstanding.
Conclusion
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Examiner should be directed to Fayyaz Alam whose telephone number is (571) 270-1102. The Examiner can normally be reached on Monday-Friday from 9:30am to 7:00pm.
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Fayyaz Alam
June 12, 2026
/FAYYAZ ALAM/
Primary Examiner, Art Unit 2674
Prosecution Insights