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 .
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.
Claims 1 – 3, 8 – 10, 15 – 16 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by
Lan USPGPub: US 2021/0377715 A1 Dec. 2, 2021.
Regarding claims 1, 8, 15, Lan discloses,
one or more computer-readable media having computer-executable instructions embodied thereon that, when executed, perform a method for enhancing availability of a user equipment UE location for location-based routing of a wireless emergency call; a method for enhancing availability of a user equipment UE location for location-based routing of a wireless emergency call and a system for enhancing availability of a user equipment UE location for location-based routing of a wireless emergency call (conveying user equipment location with an emergency call. The system appends the emergency call to a public safety answering point PSAP with a location, including an amended or up-to-the-minute location, from which the emergency call occurred. A user equipment, which places the emergency call, includes cache memory. The location is stored in or retained in the cache memory. The UE, upon recognizing the “911” string for the emergency call, retrieves the location from the UE and appends the call with the location. A location module is used to determine the location of UE. A movement module determines UE movement, including direction, speed, acceleration, and the like. The location of the UE can be amended based on the movement of the UE – ABSTRACT, Figs. 1 – 3, paragraphs 0008 – 0010. To ensure the emergency service can properly locate a user requesting or requiring the emergency service, a location, including a current location or current location based on last known location, of the UE can be provided to the emergency service – paragraph 0009), the method comprising and the system comprising:
initiating, at the UE, an emergency call (a user equipment that places the emergency call, which triggers an input prompt for the UE to initiate a protocol that generates an instruction eventually transmitted to a public safety answering point. The UE, upon recognizing the “911” string for the emergency call, retrieves the location from the UE and appends the call with the location – paragraph 0009);
determining, based on a sensor of the UE (the UE 102 includes a location module 220 - e.g., aGPS, Wi-Fi, aGNSS, a hybrid positioning system, the like, or combinations or multiples thereof which is programmed to determine and track the location of the UE 102 at any given time – paragraph 0027. The UE 102 can also include a movement module 210 to determine the rate, direction, or both of the movement of the UE 102. The movement module 210 can include a magnetometer 216, a gyroscope 214, an accelerometer 212, a pedometer 218, the like, or combinations or multiples thereof – paragraph 0029. The accelerometer 212 can also determine the change in location, whether on its own or with another component of the movement module 210, such as the magnetometer. As another example, the pedometer 218 can also determine the change in UE location based on calculated or detected movement – paragraph 0039), a distance of a current location of the UE from a cached location of the UE (to ensure the emergency service can properly locate a user requesting or requiring the emergency service, a location, including a current location or current location based on last known location, of the UE can be provided to the emergency service – paragraphs 0008, 0033, 0038);
based on the determining, communicating a location of the UE to a gateway (to ensure the emergency service can properly locate a user requesting or requiring the emergency service, a location, including a current location or current location based on last known location, of the UE can be provided to the emergency service – paragraphs 0008, 0033, 0038. A user places the emergency call, which triggers an input prompt for the UE to initiate a protocol that generates an instruction eventually transmitted to a public safety answering point – paragraph 0009); and
based on the location communicated to the gateway (to ensure the emergency service can properly locate a user requesting or requiring the emergency service, a location, including a current location or current location based on last known location, of the UE can be provided to the emergency service – Fig. 1, paragraphs 0008, 0033, 0038), initiating communication between the UE and a public safety answer point PSAP (to ensure the emergency service can properly locate a user requesting or requiring the emergency service, a location, including a current location or current location based on last known location, of the UE can be provided to the emergency service – paragraphs 0008, 0033, 0038. A user places the emergency call, which triggers an input prompt for the UE to initiate a protocol that generates an instruction eventually transmitted to a public safety answering point – paragraph 0009).
Regarding claims 2, 9, Lan discloses,
the media of claim 1, wherein the UE comprises a Global Navigation Satellite Systems GNSS chip (the UE 102 includes a location module 220 - e.g., aGPS, Wi-Fi, aGNSS, a hybrid positioning system, the like, or combinations or multiples thereof which is programmed to determine and track the location of the UE 102 at any given time – paragraphs 0027, 0032).
Regarding claims 3, 10, 16, Lan discloses,
the media of claim 2, further comprising acquiring the cached location via a location-based service supported by the GNSS chip (the UE 102 includes a location module 220 - e.g., aGPS, Wi-Fi, aGNSS, a hybrid positioning system, the like, or combinations or multiples thereof which is programmed to determine and track the location of the UE 102 at any given time – paragraphs 0027, 0032. The UE 102 can also include a movement module 210 to determine the rate, direction, or both of the movement of the UE 102. The movement module 210 can include a magnetometer 216, a gyroscope 214, an accelerometer 212, a pedometer 218, the like, or combinations or multiples thereof – paragraph 0029. The UE location is amended at a rate proportional to the rate of location change, such as with aGPS, Wi-Fi, aGNSS, a hybrid positioning system, the like, or combinations or multiples thereof, thereby providing the current location – paragraph 0041).
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 – 7, 11 – 14 and 17 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over
Lan USPGPub: US 2021/0377715 A1 Dec. 2, 2021.
Regarding claims 4, 11, 17, Lan discloses,
the media of claim 1, further comprising determining the distance of the current location of the UE to the cached location of the UE (is the location of the UE 102 changing or has the location of the UE 102 changed since the last time a location has been stored - Fig. 3/306/YES, paragraph 0032),
but, does not clearly disclose, the distance of the UE exceeds a threshold.
Lan teaches, is the location of the UE 102 changing or has the location of the UE 102 changed since the last time a location has been stored (Fig. 3/306/YES, paragraph 0032).
The UE 102 includes a location module 220 - e.g., aGPS, Wi-Fi, aGNSS, a hybrid positioning system, the like, or combinations or multiples thereof which is programmed to determine and track the location of the UE 102 at any given time (paragraphs 0027, 0032).
The movement module 210 can include a magnetometer 216, a gyroscope 214, an accelerometer 212, a pedometer 218, the like, or combinations or multiples thereof (paragraph 0029).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the conveying user equipment location with an emergency call of Lan (Lan, ABSTRACT, Figs. 1 – 3, paragraphs 0008 – 0010, 0032) wherein the system of Lan, would have incorporated, the detailed information regarding determining if the distance of the UE exceeds a threshold or not, and what steps needs to be taken upon determination, is an engineering and/or design and/or system’s requirement and implemented accordingly.
Regarding claims 5, 12, 18, Lan discloses,
the media of claim 4, wherein the current location is the location of the UE communicated to the gateway and is communicated by the UE in a SIPINV message (the P-CSCF 124 detects an emergency request uniform resource identifier R-URI from the instruction or request and the SIP INVITE to the E-CSCF 126 – paragraph 0033).
Regarding claims 6, 13, 19, Lan discloses,
the media of claim 1, further comprising determining the distance of the current location of the UE to the cached location of the UE does not exceed a threshold (is the location of the UE 102 changing or has the location of the UE 102 changed since the last time a location has been stored - Fig. 3/306/NO, paragraph 0032),
but, does not clearly disclose, the distance of the UE does not exceed a threshold.
Lan teaches, is the location of the UE 102 changing or has the location of the UE 102 changed since the last time a location has been stored (Fig. 3/306/YES, paragraph 0032).
The UE 102 includes a location module 220 - e.g., aGPS, Wi-Fi, aGNSS, a hybrid positioning system, the like, or combinations or multiples thereof which is programmed to determine and track the location of the UE 102 at any given time (paragraphs 0027, 0032).
The movement module 210 can include a magnetometer 216, a gyroscope 214, an accelerometer 212, a pedometer 218, the like, or combinations or multiples thereof (paragraph 0029).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the conveying user equipment location with an emergency call of Lan (Lan, ABSTRACT, Figs. 1 – 3, paragraphs 0008 – 0010, 0032) wherein the system of Lan, would have incorporated, the detailed information regarding determining if the distance of the UE exceeds a threshold or not, and what steps needs to be taken upon determination, is an engineering and/or design and/or system’s requirement and implemented accordingly.
Regarding claims 7, 14, 20, Lan discloses,
the media of claim 6, wherein the cached location is the location of the UE communicated to the gateway (to ensure the emergency service can properly locate a user requesting or requiring the emergency service, a location, including a current location or current location based on last known location, of the UE can be provided to the emergency service – paragraphs 0008, 0033, 0038).
The prior arts made of record and not relied upon are considered pertinent to applicant’s disclosure.
Shrivastava US PGPub: US 2023/0209322 A1 Jun. 29, 2023.
During positioning of a user equipment (UE), for example, during an emergency call, a civic location of the UE may be determined. For example, during a location session in a wireless network, a UE may detect a WiFi access point (AP) and obtain the civic location of the WiFi AP from the AP. The UE may provide the civic location to a location server in the wireless network, which may treat the civic location as the civic location of the UE. The location server may validate the civic location using a geodetic location, e.g., obtained based on measurements from a satellite positioning system and/or base stations in the wireless network. The location server may further verify that the UE is proximate to the WiFi AP using WiFi positioning measurements performed by the UE. The validated civic location can be provided to an external client, e.g. a PSAP.
Choe US PGPub: US 2018/0054721 A1 Feb. 22, 2018.
A device is capable of making calls over the Internet to an IP Multimedia Subsystem (IMS) core to a Public-Safety Answering Point (PSAP). The device computes location information based on its actual or estimated physical location. The location information may be computed prior to making an emergency call, for instance by a location platform or service running on the computing device. When the device makes an emergency call, the device uses its location information to inform the emergency call. Specifically, a SIP message is formatted with the location information. The SIP message might be a SIP invitation formatted with a header indicating that an emergency call is being requested. The device might be capable of making only IP-based calls.
Lan US PGPub: US 2023/0188944 A1 Jun. 15, 2023.
Systems and methods for providing timely location estimates when a user equipment initiates a call to an emergency number. The system enables a user equipment to send the earliest available location that the user equipment can come up with, after detecting an emergency message - e.g., detecting a 911 digit string. The location engine 308 can reside in memory at UE 302 - e.g., as an app or can reside at a remote server that is communicatively coupled to UE 302. The location engine 308 identifies the current location of the UE using one or more location mechanisms, such as a fused location provider API - e.g., Google® Play FLP location app, built-in GPS sensors, and so on.
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/NIMESH PATEL/Primary Examiner, Art Unit 2642
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