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 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.
(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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) as being anticipated by Shapiro et al. (10,397,751).
Regarding claim 1: Shapiro discloses location monitoring and tracking wearable device comprising: a band (51); a housing (40) including a control board (10, 20) with a plurality of electronic components; and a paired device (communications module, 16; col. 10, lines 7-22); wherein said housing storing said plurality of electronic components (Figs. 2A, 2B, 2D; col. 38, lines 11-52); wherein said housing contacts the skin of the wearer when said location monitoring and tracking wearable device is worn by a user (abstract, col. 6, lines 41-58; col. 7, lines 32-51) wherein said control board having an SOS button (help button) for sending an alert signal to said paired device when actuated (col. 52, lines 32-35, 56-65); wherein said paired device is a remote monitor unit possessed by another individual remote from said location monitoring and tracking wearable device; wherein said another individual is selected from the group consisting of a parent, a guardian, and a caretaker (col. 5, lines 38-44); and further wherein said remote monitor unit monitoring a location and tracking signal from said location monitoring and tracking wearable device (col. 8, lines 18-67).
Regarding claim 2: Shapiro discloses the remote monitor unit selected from the group consisting of a smartphone, a smartwatch, a tablet, and a laptop (col. 20, lines 14-29).
Regarding claim 3: Shapiro discloses the location monitoring and tracking wearable device wirelessly coupled with said remote monitor unit through a wireless communication channel (col. 7, lines 9-18; col. 13, lines 28-62; col. 14, line 48-6; col. 29, lines 50-63).
Regarding claim 4: Shapiro discloses the location monitoring and tracking wearable device having a plurality of LEDs disposed on a surface of said housing (series of LED lights), wherein said plurality of LEDs illuminate in a first color upon actuation of said SOS button (series of LED light of different color) (col. 6, lines 13-20; col. 52, lines 32-65).
Regarding claim 5: Shapiro discloses the band having a material selected from the group consisting of a metal, a rubber, and a silicone (Shapiro discloses the wearable device is a piece of jewelry including a wrist bracelet; col. 37, line 32-col. 38, line 52; thus, jewelry of all kinds comprises metal, rubber or silicone).
Regarding claim 6: Shapiro discloses the band securable around a body part of the user (col. 37, line 57-col. 38, line 10).
Regarding claim 7: Shapiro discloses the plurality of LEDs having a second color for low battery indication (col. 6, lines 14-20; col. 50, lines 36-44; col. 52, lines 36-55).
Regarding claim 8: Shapiro discloses the plurality of LEDs having different colors; thus, first color is different from said second color (col. 6, lines 14-20).
Regarding claim 9: Shapiro discloses the housing is weatherproof including at least IP67 waterproof rating (col. 6, lines 41-58; col. 32, lines 5-18).
Regarding claim 10: Shapiro discloses the location monitoring and tracking wearable device selected from the group consisting of a wristband, a bracelet, an ankle band, an anklet, and an armband (col. 37, lines 32-56).
Regarding claim 11: Shapiro discloses the plurality of electronic components having a vibration module disposed in said housing adapted to vibrate said location monitoring and tracking wearable device upon actuation of said SOS button (col. 6, lines 13-20).
Regarding claim 12: Shapiro discloses the plurality of electronic components having a vibration module disposed in said housing adapted to vibrate said location monitoring and tracking wearable device upon notification signal sent from said paired device (col. 6, lines 13-20).
Regarding claim 13: Shapiro discloses a location monitoring and tracking wearable device comprising: a band (51); a housing (40); a control board (10, 20) with a plurality of electronic components; and a paired device (communications module, 16; col. 10, lines 7-22); wherein said housing storing said plurality of electronic components; wherein said housing contacts the skin of the wearer when said location monitoring and tracking wearable device is worn by a user (abstract, col. 6, lines 41-58; col. 7, lines 32-51); wherein said control board having an SOS button (help button) for sending an alert signal to said paired device when actuated (col. 52, lines 32-35, 56-65); wherein said paired device is a remote monitor unit possessed by another individual remote from said location monitoring and tracking wearable device; wherein said another individual is selected from the group consisting of a parent, a guardian, and a caretaker (col. 5, lines 38-44); wherein said remote monitor unit monitoring a location and tracking signal from said location monitoring and tracking wearable device; wherein said remote monitor unit having a monitoring application and user interface for monitoring a present location of said location monitoring and tracking wearable device (col. 8, lines 18-67); wherein said monitoring application having a pre-set geofence area around said paired device; and further wherein said alert signal actuated when said location monitoring and tracking wearable device is beyond said pre-set geofence area (col. 7, lines 8-17; col. 25, lines 13-67).
Regarding claim 14: Shapiro discloses the plurality of said location monitoring and tracking wearable devices, wherein each of said plurality of said location monitoring and tracking wearable devices having a unique identifier (col. 25, lines 30-47).
Regarding claim 15: Shapiro discloses the remote monitor unit selected from the group consisting of a smartphone, a smartwatch, a tablet, and a laptop (col. 20, lines 14-29).
Regarding claim 16: Shapiro discloses the location monitoring and tracking wearable device wirelessly coupled with said remote monitor unit through a wireless communication channel (col. 7, lines 9-18; col. 13, lines 28-62; col. 14, line 48-6; col. 29, lines 50-63).
Regarding claim 17: See claim 13 above.
Regarding claim 18: Shapiro discloses the alert signal actuated when said location monitoring and tracking wearable device is beyond said pre-set geofence area (col. 7, lines 8-17; col. 25, lines 13-67).
Regarding claim 19: Shapiro discloses the remote monitor unit selected from the group consisting of a smartphone, a smartwatch, a tablet, and a laptop (col. 20, lines 14-29).
Regarding claim 20: Shapiro discloses the location monitoring and tracking wearable device wirelessly coupled with said remote monitor unit through a wireless communication channel (col. 7, lines 9-18; col. 13, lines 28-62; col. 14, line 48-6; col. 29, lines 50-63).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Cohen (US 10,477,008) discloses a personal emergency triggering, notification and communication for smartwatches.
-Sulaiman et al. (US 9,954,995) discloses an end to end design of personal emergency service utilizing M2M cellular XMPP/XL technologies on mobile help button.
-Bartletta (US 9,747,770) discloses a child tracking device.
-Lee (US 9,674,697) discloses a method for operating mobile device, mobile device using the same, wearable device using the same, and computer readable medium.
-Pridgen (US 9,472,081) discloses a child locator system.
-Derrick et al. (US 7,804,412) discloses a remote tracking and communicating device.
-Sobol (US 11,978,555) discloses a wearable electronic device and system using low-power cellular telecommunication protocols.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN NGOC PHAM whose telephone number is (571)272-2967. The examiner can normally be reached M - F (7 AM - 3:30 PM).
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, Quan-Zhen Wang can be reached at (571) 272-3114. 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.
/TOAN N PHAM/ Primary Examiner, Art Unit 2685 1/9/26