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 .
Amendment
Receipt is acknowledged of the Amendment filed October 13, 2025.
Information Disclosure Statement
3. The Information Disclosure Statement filed on October 13, 2025 has been considered. An initialed copy of the Form 1449 is enclosed herewith.
Claim Rejections - 35 USC § 112
4. 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.
5. Regarding claims 1 and 34, the phrase “for example” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 103
6. 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.
7. Claims 1, 4, 6-8, 13, 17, 19-24, 26, 33, 34, 38, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Gorelick et al (2018/0218124), hereinafter Gorelick in view of Vallowe et al (2009/0256411), hereinafter Vallowe.
With respect to claim 1, Gorelick illustrates in figure 2, an emergency medical information apparatus (Medical Emergency Card/Patient Device – paragraph 0028) for providing information relating to a person (Patient’s emergency medical data – paragraph 0028); a wireless communicator mounted in the apparatus body (near-field communications – paragraph 0028); the wireless communicator including: a storage element for providing information relating to the occupant of the vehicle; and a shortrange transmitter able to communicate the information about the occupant to a nearby receiver without any instigation by the occupant; and wherein the information stored includes a plurality of access categories of information, including at least one open access category and one or more secure access categories, and wherein a person providing assistance is enabled to access the information in the open access category and can only access the information in the secure access categories upon authorization, including an authorization code (paragraph 0057). “…all the first responder and/or healthcare provider needs to carry is a smartphone or other terminal device with near-field communications (NFC)… If the smartphone is NFC-capable, all the Healthcare Provider needs to do is “tap” the smartphone on the card, tap the appropriate button and the Patient’s emergency medical data will appear on the screen.” – paragraph 0028).
With respect to claim 13, Gorelick teaches in paragraph 0028, the emergency medical information apparatus wherein the wireless communicator is a near-field communications (NFC) device.
With respect to claim 21, Gorelick illustrates in figure 2, the emergency medical information apparatus wherein the NFC device is overlayed by an indicating sign on an exterior outwardly facing surface of the apparatus body to provide indication for allowing optimizing NFC connection by positioning of a receiving NFC communicating device. Specifically, the card includes text directing where to allow for NFC connection.
With respect to claims 22-24 and 40, Gorelick teaches in paragraph 0044, the emergency medical information apparatus wherein the information stored is available locally from the wireless communicator mounted in the apparatus body without requirement for external remote connection (on-board storage) or wherein the information stored is modifiable by use of a mobile device linking to the wireless communicator in a localized manner and wherein the information stored is modifiable at one or more times by a remote connection to an online site and linking to the wireless communicator in a localized manner enabling the modified information to be available at all times locally from the wireless communicator without requirement for external remote connection. Specifically, the device may have built-in memory for on-board storage of Emergency Medical Data as described in the embodiment of FIG. 4. The device’s internal memory can be updated and synchronized with the Medical Emergency Data Server wirelessly (Bluetooth, 3G, 4G, . . . ) and/or via a physical connection to a docking station. The built-in memory may be permanent and/or removable, for example a micro-SD card. Additionally with respect to claim 22, figures 3 and 4 show the card being inserted to read “always-available local information”.
With respect to claim 26, Gorelick discloses in paragraphs 0002, 0036, and 0054, the various information which can be included as the medical information. It is noted that any data can be included.
With respect to claim 33, Gorelick discloses in paragraph 0057, the emergency medical information apparatus wherein the wireless communicator includes a security access wherein access or transmittal of the information included in the other of the plurality of access categories of information is only available to an authorized person having an authorizing code such as an official first responder providing assistance always having an authorizing code that enables access or transmittal.
With respect to claims 34 and 40, see Gorelick’s teachings above with regards to claim 1. Additionally, Gorelick teaches a handheld communicating device complementary to the wireless communicator of the emergency medical information apparatus configured to receive the information stored on the wireless communicator; and a display for displaying the information relating to the occupant of the vehicle wherein the handheld communicating device is a wireless reader or wherein handheld communicating device complementary to the wireless communicator of the emergency medical information apparatus operate on NFC communication (see figure 2 and paragraph 0028).
With respect to claim 38, Gorelick illustrates in figure 2, the system wherein the wireless reader and/or the display takes the form of a mobile device.
Gorelick’s teachings are disclosed above. Gorelick additionally teaches in paragraph 0004, having the medical information device be carried, worn, or implanted in the patient at all times. Gorelick however fails to specifically teach releasably attaching the data card to a seat belt of a vehicle in proximity to the person as the occupant.
With respect to claim 1, Vallowe illustrates in figure 1 and discloses in paragraph 0014, an emergency information seatbelt attachment 10, with a flexible sheet 12, which may be wrapped around and secured to a seatbelt 16, or more particularly, the shoulder harness portion of the seatbelt 16. A badge 14 is releasably mounted on the flexible sheet 12, and displays personal, identification and medical information related to the user.
With respect to claim 4, Vallowe illustrates in figure 1, the emergency medical information apparatus wherein the apparatus body is a seat belt cover 12 adapted to releasably attach to a seat belt securing the person as an occupant in the vehicle (the emergency information seatbelt attachment 10 provides a flexible sheet 12, which may be wrapped around and secured to a seatbelt 16 - paragraph 0014).
With respect to claim 6, Vallowe discloses in paragraphs 0015-0016, wherein the closing means is formed of soft material to not provide any effect on the operation of the seat belt and not form a hazard to the person as an occupant.
With respect to claims 7 and 8, Vallowe disclose sin paragraph 0012, the emergency medical information apparatus wherein the closing means includes at least one hook-and-loop closure element (“The flexible sheet includes releasable fasteners, such as hook and loop-type fasteners, to secure the fabric sheet around the seatbelt.”).
With respect to claim 8, the emergency information seatbelt attachment which is releasably mounted on a seatbelt (paragraph 0012) can retained in position however long it is desired. Additionally, the attachment 10, may be wrapped around and secured to a seatbelt and it can be quickly and easily removed if pulled off (equating to breaking the frangible element). See also paragraph 0016.
With respect to claim 17, Vallowe illustrate in figure 1, the emergency medical information apparatus wherein the card device is mountable parallel to the planar width of the seat belt and is sized less than the lateral width of a seat belt allowing the card device to overlay the seat belt in a flat manner when in location.
With respect to claim 19, Vallowe teaches in paragraph 0018, the emergency medical information apparatus wherein the card device is sealed within the apparatus body preventing physical access and thereby eliminating the device as a hazard to the person as the occupant.
With respect to claim 20, Vallowe teaches in paragraph 0012, the emergency medical information apparatus wherein the NFC device is substantially surrounded by cushioning material to further eliminate the device as a hazard to the person as the occupant (the flexible sheet is formed from a soft fabric and may include padding for comfort and to prevent further injury to the user in an accident or other emergency).
Vallowe further discusses in paragraphs 0002-0004 the advantage of releasably securing the medical card to the seatbelt verses a worn bracelet or badge.
In view of Vallowe’s teachings, it would have been obvious to an artisan of ordinary skill in the art at the time the invention was made to attach the emergency medical card taught by Gorelick, to a seatbelt as is taught by Vallowe. Gorelick teaches carrying or attaching the card to the person so the information can be quickly accessed via NFC. As Vallowe teaches, one would be motivated to attach the card to a seatbelt, specifically stating, “It would be preferable to provide a system that could be mounted in the vehicle and be easily transported with, and secured to, the user in the case of an emergency. Thus, an emergency information seatbelt attachment solving the aforementioned problems is desired.”.
8. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gorelick teachings in combination with Vallowe and in further view of Gorelick’s own teachings.
Gorelick’s teachings in combination with the teachings of Vallowe are discussed above. The combination does not specifically teach the apparatus being substantially circular.
However, with respect to claim 14, Gorelick illustrates in figure 4, the emergency medical information apparatus wherein the NFC device is substantially planar, has rounded edges, and is substantially circular. Additionally, Gorelick teaches in paragraph 0019 that variations in shape are not limited.
Therefore in view of Gorelick’s own teachings, it would have been obvious to an artisan of ordinary skill in the art at the time the invention was made to have the device be substantially circular in shape. One would be motivated to choose a circular shape as a matter or design choice and desired aesthetic, as the shape of the apparatus does not affect the function.
Response to Arguments
9. Applicant’s arguments filed October 13, 2025 have been fully considered but they are not persuasive. Applicant argues that because Gorelick teaches the device should be either carried, worn, or implanted, that it is improper to combine with Vallowe’s teaching of releasably attaching the device to a seat belt of a vehicle in proximity to the person as the occupant. The primary reference’s statement that the patient must carry the device at all times, describes an intended purpose, ensuring availability during an emergency. The reference explicitly includes portable embodiments (wallet, bracelet, watch, etc. - paragraph 0022), demonstrating that the device may be placed wherever the patient wishes. The reference does not criticize or discourage locating the device on another structure associated with the patient, and thus does not teach away from the claimed configuration. The secondary reference teaches that attaching medical information to a seatbelt provides improved access for first responders. Incorporating this advantageous placement into the portable medical information device of the primary reference would have been a predictable modification to achieve the same benefit. With respect to claim 22, figures 3 and 4 show the card being inserted to read “always-available local information”. With respect to claims 31 (now in claim 1) and 33, Gorelick discloses in paragraph 0057, the emergency medical information apparatus wherein the wireless communicator includes a security access wherein access or transmittal of the information included in the other of the plurality of access categories of information is only available to an authorized person having an authorizing code such as an official first responder providing assistance always having an authorizing code that enables access or transmittal. This means multilevel access categories. Unless the first responder is authorized (using code), certain information is not available. With respect to claim 14, applicant’s arguments concerning the rounded or circular shape of the primary device are not persuasive. Gorelick teaches in paragraph 0019, that variations in shape are not limited, indicating that the device may assume alternative shapes. Modifying the external shape of the medical information device is a routine design choice that would have been well within the level of ordinary skill. Applicant’s further argue that Gorelick consistently requires external network connectivity, however paragraphs 0034-0035 teach communicating the information via card reader slot, “Patient Device includes an additional component in the form of a built-in Secure Digital memory card which contains a copy of the patient’s Emergency Medical Data. The advantage of this embodiment is that it will work also in the case where the connection between the Healthcare Provider Device and the Medical Data Server is not available.” “The First Responder/Healthcare Provider inserts the Patient’s Medical Emergency Card to the memory card reader slot in the Smart Terminal and the Emergency Medical Data is transferred to the Smart Terminal for display…”. Lastly, with respect to applicant’s arguments regarding multilevel access categories, the primary reference discloses the access to the device’s information may require authorization, which inherently provides at least two types of access states. Determining which information is authorization restricted versus freely accessible constitutes a routine implementation of choice for a person of ordinary skill in the art. Accordingly, the rejection is maintained.
Conclusion
10. THIS ACTION IS MADE FINAL. 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 extension fee 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.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Allyson N. Trail whose telephone number is (571) 272-2406. The examiner can normally be reached between the hours of 7:30AM to 4:00PM Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G. Lee, can be reached on (571) 272-2398. The fax phone number for this Group is (571) 273-8300.
Communications via Internet e-mail regarding this application, other than those under 35 U.S.C. 132 or which otherwise require a signature, may be used by the applicant and should be addressed to [allyson.trail@uspto.gov].
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/ALLYSON N TRAIL/Primary Examiner, Art Unit 2876
December 8, 2025