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 Objections
There are multiple sets of claims filed in the application. The first set has a filing date of 9/30/2024, the second set a date of 10/17/2024, the third set a date of 11/21/2024, and the fourth set a date of 3/5/2025. Because none of the claim sets after the initial filing on 9/30/2024 are formatted correctly in a way to highlight the changes made (line-through deletions, underlining new additions, etc.) the subsequent claims filed after 9/30/2024 will not be considered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claims 1 and 5, the claims recite the limitation “remotely activates a GPS beacon” and neither the claim language itself nor the specification contains sufficient information to enable one skilled in the art to make and use the claimed invention. GPS is a satellite-based navigation and location service that provides satellite signals to receivers located on earth allowing for precise location determination by that receiver. A beacon would be understood by one of ordinary skill in the art to be a device that transmits a signal identifying its location using the signal. It would have been unclear to one of ordinary skill in the art how to make and use something that was a GPS beacon without further explanation as to what exactly applicant means by the combination of those two terms.
For purposes of examination, the phrase will be interpreted to mean the remote activation of a device for helping others find a specific location.
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.
Claim(s) 1, 2, 4, 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eggers (US 20160174857).
Regarding claim 1, The Mayday Bracelet is a wrist wearable electronic automated heart monitoring device; wherein detecting an unconscious overdosed person’s life-threatening low heart rate; (“By way of example, but without limitation, the apparatus, system, and method of a first embodiment of the present disclosure for the detection and alerting of first responders in the event of a cardiac arrest is a wearable cardiac arrest detection and alerting device, such as a wristwatch device or bracelet, that includes [a] one or more photon sources incorporating one or more electromagnetic energy wavelengths used to continuously or intermittently transmit electromagnetic energy transcutaneously into tissue containing one or more blood vessels, [b] one or more photon detectors to continuously and transcutaneously measure photon signal levels associated with transmitted photons, [c] three-axis accelerometer to generate electrical signal levels corresponding to movement of wearable cardiac arrest detection and alerting device, [d] signal processing hardware componentry and software using photon detector measured electrical signals and accelerometer generated electrical signals to digitally filter artifact caused by movement of the wearable cardiac arrest detection and alerting device to reduce noise and increase signal-to-noise ratio of signals used to continuously derive an accurate heart rate value” Eggers: paragraph 15)
low blood pressure; (“the wearable device transcutaneously measures the blood pressure (in place of or in addition to) heart rate” Eggers: paragraph 20)
an alarm activates a piercing beep; (“The audible alarm is combined with synthesized speech to alert first responder that cardiac arrest has occurred and that cardiopulmonary resuscitation (CPR) and external defibrillation, if available, needs to commence immediately. By way of example, but without limitation, upon the detected occurrence of cardiac arrest, the audible alarm emits a tone at a loudness level of, say, 90 decibels at a single or varying frequency interrupted every five seconds to annunciate verbal alert that cardiac arrest has occurred and that (CPR) and external defibrillation (if available) needs to commence immediately.” Eggers: paragraph 28)
automatically dispatches a pre-recorded audio generated mayday message to a 911 operator; revealing personal information; location GPS coordinates and requesting sending paramedics; remotely activates a GPS beacon. (“cellular phone communication component typical of widely used cell phones to place calls in the event a cardiac arrest has occurred or is imminent to a pre-programmed, pre-established list of phone numbers including 911 (for use in the U.S.) or other medical emergency response phone number and any other first responders associated with a pre-programmed locations frequented by the individual being monitored by the wearable cardiac arrest detection and alerting device in the event the wearable cardiac arrest detection and alerting device is determined to be at one of the pre-programmed locations, [k] audible synthesized speech used in issued phone calls to annunciate occurrence of a cardiac arrest, identify the individual's name and specify the exact location of the individual in the form of his or her GPS or equivalent device derived coordinates and, if the individual is at a location with pre-established GPS or equivalent device derived coordinates, the actual address of the individual” Eggers: paragraph 15; the contacting of others and providing them with the location of the individual is equivalent to remotely activating a GPS beacon as interpreted above)
Regarding claim 2, Any wrist wearable electronic automated heart monitoring device; wherein detecting an unconscious person’s life-threatening low heart rate; low blood pressure; automatically dispatches a digital generated computer program mayday message to a 911 operator; an emergency call center. (“By way of example, but without limitation, the apparatus, system, and method of a first embodiment of the present disclosure for the detection and alerting of first responders in the event of a cardiac arrest is a wearable cardiac arrest detection and alerting device, such as a wristwatch device or bracelet, that includes [a] one or more photon sources incorporating one or more electromagnetic energy wavelengths used to continuously or intermittently transmit electromagnetic energy transcutaneously into tissue containing one or more blood vessels, [b] one or more photon detectors to continuously and transcutaneously measure photon signal levels associated with transmitted photons, [c] three-axis accelerometer to generate electrical signal levels corresponding to movement of wearable cardiac arrest detection and alerting device, [d] signal processing hardware componentry and software using photon detector measured electrical signals and accelerometer generated electrical signals to digitally filter artifact caused by movement of the wearable cardiac arrest detection and alerting device to reduce noise and increase signal-to-noise ratio of signals used to continuously derive an accurate heart rate value” & “cellular phone communication component typical of widely used cell phones to place calls in the event a cardiac arrest has occurred or is imminent to a pre-programmed, pre-established list of phone numbers including 911 (for use in the U.S.) or other medical emergency response phone number and any other first responders associated with a pre-programmed locations frequented by the individual being monitored by the wearable cardiac arrest detection and alerting device in the event the wearable cardiac arrest detection and alerting device is determined to be at one of the pre-programmed locations, [k] audible synthesized speech used in issued phone calls to annunciate occurrence of a cardiac arrest, identify the individual's name and specify the exact location of the individual in the form of his or her GPS or equivalent device derived coordinates and, if the individual is at a location with pre-established GPS or equivalent device derived coordinates, the actual address of the individual” Eggers: paragraph 15; “the wearable device transcutaneously measures the blood pressure (in place of or in addition to) heart rate” Eggers: paragraph 20)
Regarding claim 4, Any wrist wearable electronic automated heart monitoring device; wherein detecting an unconscious person’s life-threatening low heart rate; low blood pressure; automatically dispatches a cellular phone generated computer program mayday message; to a 911 operator; an emergency call center. (“By way of example, but without limitation, the apparatus, system, and method of a first embodiment of the present disclosure for the detection and alerting of first responders in the event of a cardiac arrest is a wearable cardiac arrest detection and alerting device, such as a wristwatch device or bracelet, that includes [a] one or more photon sources incorporating one or more electromagnetic energy wavelengths used to continuously or intermittently transmit electromagnetic energy transcutaneously into tissue containing one or more blood vessels, [b] one or more photon detectors to continuously and transcutaneously measure photon signal levels associated with transmitted photons, [c] three-axis accelerometer to generate electrical signal levels corresponding to movement of wearable cardiac arrest detection and alerting device, [d] signal processing hardware componentry and software using photon detector measured electrical signals and accelerometer generated electrical signals to digitally filter artifact caused by movement of the wearable cardiac arrest detection and alerting device to reduce noise and increase signal-to-noise ratio of signals used to continuously derive an accurate heart rate value” & “cellular phone communication component typical of widely used cell phones to place calls in the event a cardiac arrest has occurred or is imminent to a pre-programmed, pre-established list of phone numbers including 911 (for use in the U.S.) or other medical emergency response phone number and any other first responders associated with a pre-programmed locations frequented by the individual being monitored by the wearable cardiac arrest detection and alerting device in the event the wearable cardiac arrest detection and alerting device is determined to be at one of the pre-programmed locations, [k] audible synthesized speech used in issued phone calls to annunciate occurrence of a cardiac arrest, identify the individual's name and specify the exact location of the individual in the form of his or her GPS or equivalent device derived coordinates and, if the individual is at a location with pre-established GPS or equivalent device derived coordinates, the actual address of the individual” Eggers: paragraph 15; “the wearable device transcutaneously measures the blood pressure (in place of or in addition to) heart rate” Eggers: paragraph 20)
Regarding claim 5, Wherein a GPS beacon with a siren is remotely activated wherein a wrist wearable heart monitoring device detects an unconscious overdosed person’s life-threatening low heart rate; low blood pressure. (“By way of example, but without limitation, the apparatus, system, and method of a first embodiment of the present disclosure for the detection and alerting of first responders in the event of a cardiac arrest is a wearable cardiac arrest detection and alerting device, such as a wristwatch device or bracelet, that includes [a] one or more photon sources incorporating one or more electromagnetic energy wavelengths used to continuously or intermittently transmit electromagnetic energy transcutaneously into tissue containing one or more blood vessels, [b] one or more photon detectors to continuously and transcutaneously measure photon signal levels associated with transmitted photons, [c] three-axis accelerometer to generate electrical signal levels corresponding to movement of wearable cardiac arrest detection and alerting device, [d] signal processing hardware componentry and software using photon detector measured electrical signals and accelerometer generated electrical signals to digitally filter artifact caused by movement of the wearable cardiac arrest detection and alerting device to reduce noise and increase signal-to-noise ratio of signals used to continuously derive an accurate heart rate value” & “cellular phone communication component typical of widely used cell phones to place calls in the event a cardiac arrest has occurred or is imminent to a pre-programmed, pre-established list of phone numbers including 911 (for use in the U.S.) or other medical emergency response phone number and any other first responders associated with a pre-programmed locations frequented by the individual being monitored by the wearable cardiac arrest detection and alerting device in the event the wearable cardiac arrest detection and alerting device is determined to be at one of the pre-programmed locations, [k] audible synthesized speech used in issued phone calls to annunciate occurrence of a cardiac arrest, identify the individual's name and specify the exact location of the individual in the form of his or her GPS or equivalent device derived coordinates and, if the individual is at a location with pre-established GPS or equivalent device derived coordinates, the actual address of the individual” Eggers: paragraph 15; the contacting of others and providing them with the location of the individual is equivalent to remotely activating a GPS beacon as interpreted above ; “the wearable device transcutaneously measures the blood pressure (in place of or in addition to) heart rate” Eggers: paragraph 20; “The audible alarm is combined with synthesized speech to alert first responder that cardiac arrest has occurred and that cardiopulmonary resuscitation (CPR) and external defibrillation, if available, needs to commence immediately. By way of example, but without limitation, upon the detected occurrence of cardiac arrest, the audible alarm emits a tone at a loudness level of, say, 90 decibels at a single or varying frequency interrupted every five seconds to annunciate verbal alert that cardiac arrest has occurred and that (CPR) and external defibrillation (if available) needs to commence immediately.” Eggers: paragraph 28)
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eggers in view of Six (US 20200186378).
Regarding claim 3, Any wrist wearable electronic automated heart monitoring device; wherein detecting an unconscious person’s life-threatening low heart rate; low blood pressure; automatically dispatches a computer program mayday message; to a 911 operator; an emergency call center. (“By way of example, but without limitation, the apparatus, system, and method of a first embodiment of the present disclosure for the detection and alerting of first responders in the event of a cardiac arrest is a wearable cardiac arrest detection and alerting device, such as a wristwatch device or bracelet, that includes [a] one or more photon sources incorporating one or more electromagnetic energy wavelengths used to continuously or intermittently transmit electromagnetic energy transcutaneously into tissue containing one or more blood vessels, [b] one or more photon detectors to continuously and transcutaneously measure photon signal levels associated with transmitted photons, [c] three-axis accelerometer to generate electrical signal levels corresponding to movement of wearable cardiac arrest detection and alerting device, [d] signal processing hardware componentry and software using photon detector measured electrical signals and accelerometer generated electrical signals to digitally filter artifact caused by movement of the wearable cardiac arrest detection and alerting device to reduce noise and increase signal-to-noise ratio of signals used to continuously derive an accurate heart rate value” & “cellular phone communication component typical of widely used cell phones to place calls in the event a cardiac arrest has occurred or is imminent to a pre-programmed, pre-established list of phone numbers including 911 (for use in the U.S.) or other medical emergency response phone number and any other first responders associated with a pre-programmed locations frequented by the individual being monitored by the wearable cardiac arrest detection and alerting device in the event the wearable cardiac arrest detection and alerting device is determined to be at one of the pre-programmed locations, [k] audible synthesized speech used in issued phone calls to annunciate occurrence of a cardiac arrest, identify the individual's name and specify the exact location of the individual in the form of his or her GPS or equivalent device derived coordinates and, if the individual is at a location with pre-established GPS or equivalent device derived coordinates, the actual address of the individual” Eggers: paragraph 15; “the wearable device transcutaneously measures the blood pressure (in place of or in addition to) heart rate” Eggers: paragraph 20)
The claimed an artificial intelligence generator computer program mayday message is not specifically disclosed by Eggers. Six discloses a system for monitoring a user that teaches using an AI system to initiate a voice call to emergency services (“The data obtained from the rules input interface is combined with longitudinal blood pressure data and subject behavior (as obtained by observation and other test results/device readings) by the cloud based AI analysis engine to provide a response which can range from a simple text or voice reminder to observe a daily exercise regime, a warning, a text or voice call to an authorized user, a text or voice call to emergency services” Six: paragraph 188). Modifying Eggers to include an AI system for generate emergency voice calls would increase the overall utility of the system by providing means for generating emergency calls without user input. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Eggers according to Six.
Conclusion
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/TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689