DETAILED ACTION
1. The present application is being examined under the pre-AIA first to invent provisions. Claims 1-20 are presented for examination on the merits.
Double Patenting
2. 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(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-l.jsp.
3. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over US Patent No. (US 12159525), US Patent No. (US 11741826), US Patent No. (US 11443614), US Patent No. (US 10861319) and US Patent No. (US 10204507). Although the conflicting claims are not identical, they are not patentably distinct from each other because a method, comprising: outputting, for display to a display screen, a graphical user interface comprising a first user- selectable option associated with a first event and a second user-selectable option associated with a second event; receiving one or more user inputs selecting a first alert type for the first event and a second alert type for the second event; receiving, via a receiver, a first message; responsive to a determination that the first message indicates a first event, performing a first type of action based on the first alert type for the first event, the first type of action comprising triggering an alert system to output an alert; receiving, via the receiver, a second message; responsive to a determination that the second message indicates the second event, performing a second type of action based on the second alert type for the second event, the second type of action being different than the first type of action. are conventional prior art features and the use of such features in the claims of application 18925234 would have been obvious and would not have involved a patentable invention.
The patent claims include all of the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”).
Claim Rejections – 35 USC § 101
4. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
5. Claims 1-20 rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1 is directed to a method that outlines a specific logic flow for a customizable alert system. The method starts by displaying a Graphical User Interface (GUI) on a screen. The GUI includes a first user selectable option which is linked to a first event and a second user selectable option which is linked to a second event. The system receives user inputs to define what kind of alert should happen for each event. For example, user chooses the alert type for the first event or second event. The system receives message through a general purpose receiver. The system further determines if the message indicates the occurrence of the first event. If the first event detected, the system performs a type of action based on the user’s previously selected alert type. This trigger an alert system to output an alert. The process repeats for the second message to indicate the second event when the system performs a second type of action.
Claim 14 is an apparatus claim. Claim 14 consists of physical components (hardware) like receiver, processor and display screen is classified as a machine.
Therefore, Claims 1 and 14 are eligible under Step 1. It falls under statutory category of a machine.
35 U.S.C. § 101 Eligibility Analysis.
Step 1: Statutory Category:
Claims 1-13 are directed to a “method.” and recites a series of acts outputting, receiving and performing. This falls into the “Process” category, which is one of the four statutory categories of patentable subject matter.
Claims 14-20, apparatus/system fall within a statutory category.
Step 2A, Prong 1: Is it directed to a Judicial Exception?
Yes, claims 1-13 are primarily directed to collection, analysis and display of information as abstract ideas. It is a mental process:
The logic of “if first event occurs, do action “A”; and if second event occurs, do action “B” is a form of human decision making that can be performed mentally or with pen and paper.
Is it a h uman activity?
Managing alerts or notifications is a common human activity (e.g. ringing a bell verses buzzer for a timer).
Conclusion for Step 2A Prong 1: The claim is directed to an abstract idea of information collection and alert management.
Claims 14-20: Collecting data recognizing a type of event, and triggering a specific alarm is a mental process or a fundamental economic/social practice. Humans have done this for long time (for example, lookout seeing a fire and ringing a specific bell or seeing an enemy and blowing a horn) which is classified as organizing human activity or data processing.
Step: 2B: Is there an inventive concept:
Simply saying do an abstract idea on a computer is not enough. The components are just standards, off the shelf components performing their normal functions. Therefore, claims 14-20 are not eligible since it does not solve a specific technical problem in computer functionality; it just uses a computer as a tool to automate a well-known activity.
Step 2A, prong 2: Integration into a practical application:
A claim is not eligible since it does not integrate the abstract idea into practical application that provides a technical improvement.
The claim uses generic components of display screen, receiver and alert system. The claim does not describe how the alert system is triggered or how the GUI is technically improved. It simply describes the functional result of setting up and receiving different alerts.
Claim 9, auto-increase volume and claim 10, header analysis describes how the system behaves. However, without describing a specific technical improvement to the computer’s functioning, they remain as abstract.
Step 2B: Inventive concept (significantly more).
The claim is considered abstract and not integrated into a practical application.
Generic computer functions: Outputting to a screen and receiving messages are well-understood, routine and conventional activities for a computer. The claim merely categorizing data and performing different conventional actions based on that data does not constitute ‘significant more’.
Dependent claims:
Specific Implementations: Claim 2 specifies audio-able warning, claim 3, audio message encoded in messages and claims 4 & 8, a visual warning.
Event specifics: Claim 8 and 11, tornado warning as a primary event type.
System improvements: Claim 9, auto-increase volume, claim 10 message header analysis, and claims 12, 13 and 20, integrating internet weather data or sensor data. Claim 17 adds a watch, claim 12 integrating with internet data typically does not provide an inventive concept because it merely limits the abstract idea to a specific technology environment. Claims 12-13 and 19-20 integrates sensors and internet data which adds complexity but still a routine data gathering.
Claim 15, the memory stores instructions to output a “clickable link” providing more information about the event. This is a well understood, routine, and conventional activity. Simply adding a hyperlink to a data notification doesn’t count as a technical improvement to computer functionality.
Claims 16 & 17: The smart watch (wearable): Claim 16 specifies the apparatus is a wearable device and Claim 17 explicitly names a Smartwatch. Taking an abstract idea and saying “do it on a smartwatch” is not enough to make it patentable. Unless the invention solves a problem specific to watch hardware, it is still just an abstract idea on a smaller screen.
Claim 18 and 19, The weather station and internet:
Claim 18 defines the device as a weather station, and claim 19 specifies it receives data via the internet. These are field of use limitations. They limit the idea to a specific industry (weather) and a specific medium(the internet), which is an abstract idea to one particular field.
Claim 20: On site sensor: The apparatus receives information from onsite sensors rather than just the internet. It is just receiving data from the sensors, and it is viewed as a generic data gathering step.
Conclusion:
Claims 1-20 are not eligible under U.S.C. § 101 because:
1. The claim is directed to the abstract idea of collecting and displaying information based on rules.
2. The claim uses generic computer components (receiver and display screen) to perform their standard functions.
3. The claim lucks specific technical solution to a technical problem.
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claims 1, 2, 4-7, 12, 14, 15 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by スティーブン・アドラー hereinafter Adora (JP 2010536193 A)
As to claim 1, Adora discloses in system and method for selecting, distributing and playing back alarm sounds in networked audiovisual devices having claimed:
a. outputting, for display to a display screen, a graphical user interface read on Page 38, Para. 2, ( As shown in FIG. 49a, the process provides a menu option, graphical user interface (GUI) for selecting a content and / or reference to content to be used as an alarm sound on the user's device at stage 4910. Or by providing an interface, such as other mechanisms. This may be done in certain applications that support the alarm sound function and / or on other applications and / or other such as internet-based systems accessed via web pages or other access mechanisms. This may be done using another application that is configured to facilitate an alarm sound function on the application. As previously mentioned, the content may be images, audio, video, multimedia content, or other types of content known or developed in the art);
b. a first user- selectable option associated with a first event and a second user-selectable option associated with a second event; receiving one or more user inputs selecting a first alert type for the first event and a second alert type for the second event; receiving, via a receiver, a first message; responsive to a determination that the first message indicates a first event, performing a first type of action based on the first alert type for the first event, the first type of action comprising triggering an alert system to output an alert; receiving, via the receiver, a second message; responsive to a determination that the second message indicates the second event, performing a second type of action based on the second alert type for the second event, the second type of action being different than the first type of action read on Page 36, Para. 6 – Page 3, Para. 1, (the function and functionality of the alarm sound is generally determined by the user of the portable device, a meeting clock application such as an alarm clock widget, meeting time clock, calendar or other scheduling or event trigger application, or a user specific time and / or Related to the ability to select alarm sound content to be associated with one or more applications (herein also displayed as “widgets”), such as other applications with functions related to notifying events. The content may be rendered (i.e., played on the device) by the alarm widget when certain predefined events occur, such as an alarm; alarm in an alarm clock widget. Depending on the embodiment in which the content is identified by reference, such as a URL, the content may be downloaded and stored on the device prior to the playback time, or downloaded from the location of reference at the playback time and / or
directly May be rendered. Additionally, or alternatively, in some embodiments, the alarm sound feature allows a device user to select alarm sound content to be associated with an alarm event set by one or more users. It may be associated with a dedicated alarm system implemented within. This dedicated alarm function may be provided in hardware within the device, in software such as in the device operating system or application program, or in a hardware / software combination module in the device. In some embodiments, this dedicated alarm function may be provided separately from any widget or other application program running on the device.
As to claim 2, Adora further discloses:
a. wherein the first alert type comprises an audible warning read on Page 5, Para. 3, (a user of the portable device may select and / or purchase audio or audiovisual content to be played on the portable device as an alarm sound associated with an alarm function or function. Systems and methods may be provided that enable The content may also be sent to other portable device users for use with alarm functions or functions on other user's portable devices and / or purchased by other users for that portable device. It may be played with alarm functions and functions on the device).
As to claim 4, Adora further discloses:
a. wherein the first alert type comprises a visual warning read on Page 5, Para. 3, (a user of the portable device may select and / or purchase audio or audiovisual content to be played on the portable device as an alarm sound associated with an alarm function or function. Systems and methods may be provided that enable The content may also be sent to other portable device users for use with alarm functions or functions on other user's portable devices and / or purchased by other users for that portable device. It may be played with alarm functions and functions on the device).
As to claim 5, Adora further discloses:
a. wherein the first alert type further comprises an audible warning read on Page 5, Para. 3, (a user of the portable device may select and / or purchase audio or audiovisual content to be played on the portable device as an alarm sound associated with an alarm function or function. Systems and methods may be provided that enable The content may also be sent to other portable device users for use with alarm functions or functions on other user's portable devices and / or purchased by other users for that portable device. It may be played with alarm functions and functions on the device).
As to claim 6, Adora further discloses:
a. outputting, for display to the display screen, a plurality of different alert types read on Page 36, Para. 6, (The function and functionality of the alarm sound is generally determined by the user of the portable device, a meeting clock application such as an alarm clock widget, meeting time clock, calendar or other scheduling or event trigger application, or a user specific time and / or Related to the ability to select alarm sound content to be associated with one or more applications (herein also displayed as “widgets”), such as other applications with functions related to notifying events. The content may be rendered (i.e., played on the device) by the alarm widget when certain predefined events occur, such as an alarm alarm in an alarm clock widget).
As to claim 7, Adora further discloses:
a. wherein the one or more user inputs are received via the display screen read on Page 7, Para. 3, (Display 320 visually renders a widget program stored in the Chumby device and an icon display of the image generated by CPU 302 in connection with the execution of such widget. In one exemplary implementation, touch screen 330 overlays LCD 320 and responds to touch screen controller 334. In some embodiments, the user may guide the Chumby device to enter “user interface mode” or “UI mode” by touching the touch screen 330. When this occurs, the touch screen controller 334 notifies the CPU 302 which in turn sends a U.S. I. Instructs to enter a mode and display a display of arrows, buttons and / or icons that the user can select via touch screen 330. As will be discussed later, U.S. I. Selection of one or more of these elements during operation in mode allows the user to control various aspects of the operation of the Chumby device. In an alternative implementation, LCD 320 and touch screen 330 may comprise an integrated device that is controlled by an integrated controller).
As to claim 12, Adora further discloses:
a. receiving, via the Internet, weather information read on Page 3, Para 3-4, (each Chumby device is capable of communicating wirelessly according to a recognized wireless networking standard, such as the 802.11b standard or the 802.11g standard. Thus, in a home or other environment that includes one or more wireless access points, multiple Chumby devices may be distributed across the access point coverage area. Among the features of embodiments according to the present invention is the ability of the interface provided by each Chumby device that varies according to the nature of the widget currently being executed by the device. For example, the “clock radio” widget may be used to generate an audio / visual image that is responsive to a conventional alarm clock at a specified time in the morning. In an exemplary embodiment, the clocked radio widget allows selection of a standard “wake-up” chime, or selection of several different audio programs. As time progresses, the device interface can also be directed to a selection of several general information screen rotations such as news headlines, local weather, sports scores, latest stock markets, horoscopes, etc.).
As to claim 14, the claim is interpreted and rejected as to claim 1. Adora further teaches:
a. an apparatus, comprising: a receiver; an alert system; a display screen; one or more processors; and memory storing computer-executable instructions that, when executed by the one or more processors read on Page 5, Para. 5, (Referring again to FIG. 1, the system 100 also includes a plurality of user computers 120 arranged to communicate with the service provider 106 via an access network (not shown) and the Internet 116. Each user computer 120 runs a web browser 122 that can display a web page that is generated by the service provider 106 and through which the user may configure one or more Chumby individual audiovisual devices 102. As previously mentioned, such a configuration may, for example, specify a widget set to be sent to a particular device 102 and its execution order, and adjust audio or visual parameters for such execution. Defining and managing the user's Chumby network (e.g., determining a “buddy list” of other Chumby users allowed to communicate with the device 102), It may include determining the layout or other aspects of the user interface presented on the screen. For this purpose, a given web browser 122 may present a rectangular configuration window corresponding to the display screen of the corresponding Chumby device 102 when in communication with the service provider 106. By “dragging and dropping” the icon display of the widget or content file into such a configuration window, the user may personalize the actions and user interface presented by the corresponding Chumby device 102).
As to claim 15, Adora further discloses:
a. the memory storing computer-executable instructions that, when executed by the one or more processors, cause the apparatus to output a link, that, when selected, provides additional information regarding one of the first event or the second event read on Page 34, Para. 5, (the instructions may be provided by hard copy, on a portable device, on a web page, or a combination thereof, and / or other means. For example, the user may be provided with other forms of accessing URLs or other forms of web links, or registered locations as is known in the art. In an exemplary embodiment, the user is provided with written information, a URL, or a hyperlink that instructs the user to navigate to a Chumby service web page associated with the registration process. The user may then navigate to a web page at stage 4812 and a registration screen may be provided to the user at this web page. As an example, in an exemplary embodiment, a user may be provided with instructions to go to a web page, for example, in a hard copy in an instruction manual and / or on the screen of a portable device, and the logon option maybe It may be presented on the page. An example of these instructions is shown below).
As to claim 18, Adora further discloses:
a. wherein the apparatus is a weather station read on Page. 41, Para. 8, (Service provider 106 may also provide information (e.g., news, weather, stock market information) to Chumby device 102 using several content servers 724. In one exemplary embodiment, all content servers function in a “pull” mode of operation. That is, the Chumby device 102 polls the applicable content server 724 for new data somewhat periodically).
As to claim 19, Adora further discloses:
a. wherein the weather station is configured to receive, via the Internet, weather information read on Page 2, Para. 4, (alarm-related systems and functions that can be implemented on a system comprised of individual audiovisual device sets in Internet-based communications with a service provider as detailed herein. . Individual audiovisual devices will be marketed under the registered trademark of Chumby and are also expected to be referred to herein as “Chumby devices” and / or portable devices. Similarly, each associated networking system / server may be referred to as a Chumby system / server, a Chumby network, or a portable system / server and / or network. The associated Chumby service may also be provided via a Chumby service provider, also referred to herein as a service provider. In an exemplary system according to the present invention, Chumby devices communicate over a network associated with a service provider. During communication with the service provider, each Chumby device periodically receives an application program set, also referred to herein as a “widget”, said application program set from the service provider or locally from a personal computer. After being received (e.g., via a USB connection), it is executed sequentially or a periodically by the Chumby device. Since each Chumby device is typically Internet-enabled, each is configured remotely via a Chumby service provider via a web browser executed by a remote terminal (e.g., PC or wireless handset) and others May be personal. Such personalization may include, for example, specifying a widget set that is provided to a given Chumby device and its order and priority of execution).
As to claim 20, Adora further discloses:
a. wherein the weather station is configured to receive, via one or more sensors associated with the weather station, weather information read on Page 2, Para. 4, (alarm-related systems and functions that can be implemented on a system comprised of individual audiovisual device sets in Internet-based communications with a service provider as detailed herein. . Individual audiovisual devices will be marketed under the registered trademark of Chumby and are also expected to be referred to herein as “Chumby devices” and / or portable devices. Similarly, each associated networking system / server may be referred to as a Chumby system / server, a Chumby network, or a portable system / server and / or network. The associated Chumby service may also be provided via a Chumby service provider, also referred to herein as a service provider. In an exemplary system according to the present invention, Chumby devices communicate over a network associated with a service provider. During communication with the service provider, each Chumby device periodically receives an application program set, also referred to herein as a “widget”, said application program set from the service provider or locally from a personal computer. After being received (e.g., via a USB connection), it is executed sequentially or a periodically by the Chumby device. Since each Chumby device is typically Internet-enabled, each is configured remotely via a Chumby service provider via a web browser executed by a remote terminal (e.g., PC or wireless handset) and others May be personal. Such personalization may include, for example, specifying a widget set that is provided to a given Chumby device and its order and priority of execution).
Claim Rejections - 35 USC § 103
9. 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.
10. 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 of this title, 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.
11. Claims 3, 8, 9, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Adora in view of Kendall (US 2005/0273809 A1).
As to claim 8, Adora does not explicitly recite wherein responsive to the determination that the first message indicates a tornado warning, indicate, via one or more visual indicators, that the first message indicates a tornado warning; and responsive to the determination that the first message indicates an event other than a tornado warning, indicate, via the one or more visual indicators, that the first message indicates an event other than a tornado warning.
However, Kendall in automatic teller machine safety verification cures deficiency by teaching that it may be beneficial wherein responsive to the determination that the first message indicates a tornado warning, indicate, via one or more visual indicators, that the first message indicates a tornado warning; and responsive to the determination that the first message indicates an event other than a tornado warning, indicate, via the one or more visual indicators, that the first message indicates an event other than a tornado warning read on ¶ 0005, (the use of a common alert mode for every type of emergency event as described above may be confusing and even dangerous for consumers since they may be unable to readily determine from the alert output whether the particular emergency event is one which may require immediate action (e.g., tornado warning), or one which may be ignored (e.g., thunderstorm watch). Moreover, the use of a common alert mode for every type of emergency event may tend to desensitize consumers towards alert outputs in general since all alert outputs may appear to be similar or the same. As a result, consumers may be more likely to ignore alert outputs and thereby expose themselves to dangerous conditions).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the apparatus and method for providing user selectable alert modes for a television signal receiver of Kendall into Adora in order to provide a consumer with options regarding the manner in which they are alerted in specific emergency situations. For example, certain devices detect emergency events by receiving Specific Area Message Encoding (SAME) data which indicates the specific geographical area(s) affected by the emergency event, the type of emergency event (e.g., tornado, toxic chemical spill, radiation leak, civil emergency, etc.), and the expiration time of the event alert.
As to claim 3, Kendall further teaches:
a. wherein the audible warning comprises an audio message encoded in the first message read on ¶ 0020, ( According to an exemplary embodiment, received audio signals may include digitally encoded emergency alert signals. Signal receiving element 21 may be embodied as any signal receiving element such as an antenna, input terminal or other element).
As to claim 9, Kendall further teaches:
a. responsive to a determination that the first message indicates a tornado warning, automatically increasing a volume level associated with a speaker read on ¶ 0033, (the user may select to display a visual message (e.g., an NWS text message as a closed caption display) and/or tune television signal receiver 20 to a specific channel. The user may also for example select to aurally output a warning tone (e.g., chime, siren, etc.) and/or an audio message (e.g., NWS audio message), and the desired volume of each. Other types of alert outputs may also be provided according to the present invention).
As to claim 11, Kendall further teaches:
a. wherein the first event is a tornado warning read on ¶ 0023, ( According to this exemplary embodiment, the emergency alert signals include data comprising SAME data associated with the emergency event. SAME data comprises a digital code representing information such as the specific geographical area affected by the emergency event, the type of emergency event (e.g., tornado, toxic chemical spill, radiation leak, civil emergency, etc.), and the expiration time of the event alert. SAME data is used by the NWS and other authorities to improve the specificity of emergency alerts and to decrease the frequency of false alerts. Other data and information may also be included in the emergency alert signals according to the present invention).
12. Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Adora in view of Kendall and further in view of Brayton (WO 2007/002082 A2).
As to claim 16 Adora in view of Kendall do not explicitly recite wherein the apparatus is a wearable device.
However, Brayton in wide area alert/notification systems cures deficiency by teaching that it may be beneficial wherein the apparatus is a wearable device read on Page 11, Para 3 – Page 12, Para 1, (there are numerous transceiver configurations known in the art and it should be recognized that a person of ordinary skill in the art will be readily able to modify a known transceiver to the wearable transceiver presented herein. For example, suitable wearable transceivers may be configured as a pendant, a ring, a bracelet, a wrist watch, or a pager, wherein the wearable transceivers are preferably waterproof, shockproof and/or dustproof).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the tornado alarm system of Brayton into Adora in view of Kendall in order to provide alert and notification to members of the general public.
As to claim 17, Brayton further teaches:
a. wherein the wearable device is a watch read on Page 11, Para 3 – Page 12, Para 1, (there are numerous transceiver configurations known in the art and it should be recognized that a person of ordinary skill in the art will be readily able to modify a known transceiver to the wearable transceiver presented herein. For example, suitable wearable transceivers may be configured as a pendant, a ring, a bracelet, a wrist watch, or a pager, wherein the wearable transceivers are preferably waterproof, shockproof and/or dustproof).
13. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Adora in view of Kendall and further in view of Ramos (US 20130012154 A1).
As to claim 13 Adora in view of Kendall do not explicitly recite wherein receiving, via one or more sensors, weather information.
However, Ramos in wide area alert/notification systems cures deficiency by teaching that it may be beneficial wherein receiving, via one or more sensors, weather information read on ¶ (the emergency condition may be a blizzard, flood, hurricane, typhoon, tsunami, and/or seismic event, for example. The predetermined parameter may be based at least in part on historical data or normalized data related to an emergency condition. The emergency condition location is may be determined at least in part on data received from weather sensors, seismic sensors, or any combination thereof).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the alert system and method of Ramos into Adora in view of Kendall in order to provide emergency alert system, an emergency alert from a user is sent to an individual or a selected group of people, family, or friends, with an additional emergency notice sent to law enforcement agencies.
Allowable Subject Matter
14. Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. However, an updated search will need to be performed after the next response from Applicant.
Citation of pertinent Prior Arts
15. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 Notice of References Cited.
Conclusion
16. If the claimed invention is amended, Applicant is respectfully requested to indicate the portion(s) of the specification, which dictate(s) the structure/description relied upon to assist the Examiner in proper interpretation of the amended language and also to verify and ascertain the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fekadeselassie Girma whose telephone number is (571) 270-5886. The examiner can normally be reached on Monday thru Friday, 8:30 – 5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta W. Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Fekadeselassie Girma/
Primary Examiner Art Unit 2689