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
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.
Claim(s) 1-22 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Mehta (
20220353663).
Claim 1: Mehta discloses:
A simplified communications device (Figure 2 label 206 illustrating a first communication device with a reduced display), comprising:
a housing (Figure 2 label 206 illustrating the device with a housing);
a plurality of keys coupled to the housing, each key corresponding to a different status message of a care recipient (Figure 2 label 212 illustrating each key corresponding to a different input for the user);
a first memory situated within the housing and storing a first application (page 12 paragraph 0014 illustrating a memory storing software application);
a processor situated within the housing, the processor configured to, in conjunction with the first application, cause the first application on the first computing device to send a status message corresponding to one of the plurality of keys (Figure 2 label 212 illustrating the application sending a message based on the user pushing the buttons), wherein the simplified communications device is capable of a wireless connection to the first computing device associated with the care recipient (page 35 paragraph 0080 illustrating wireless communications); and
wherein based on one of the plurality of keys being pressed, the status message is automatically sent from the first application executing on the first computing device to a second application executing on a second computing device associated with a caregiver (Figure 2 label 207, page 1-2 paragraph 0006 illustrating a first responder receiving the message [considered to be a form of “caregiver”]).
Claim 2: Mehta discloses:
The communications device of claim 1, as discussed above and incorporated herein.
Mehta further discloses:
wherein the plurality of keys comprises four keys (Figure 2 label 212 illustrating four buttons).
Claim 3: Mehta discloses:
The communications device of claim 1, as discussed above and incorporated herein.
Mehta further discloses:
wherein the wireless connection uses a short-range wireless communications protocol (page 55 paragraph 0184 illustrating Bluetooth).
Claim 4: Mehta discloses:
The communications device of claim 3, as discussed above and incorporated herein.
Mehta further discloses:
wherein the short-range wireless communications protocol comprises one of Bluetooth (page 55 paragraph 0184 illustrating Bluetooth), Wi-Fi, a combination of low-power connectivity and a high-speed connection, near-field communication (NFC), radio frequency identification (RFID), low-power wide area network (LPWAN), ultra-wideband (UWB) and low-rate wireless personal area network (LR-WPAN) (the remaining limitations are rendered optional by the limitation “one of” and therefore need not be disclosed by the applied art).
Claim 5: Mehta discloses:
The communications device of claim 1, as discussed above and incorporated herein.
Mehta further discloses:
wherein the first application and the second application are a same application (Figure 2 illustrating the same application).
Claim 6: Mehta discloses:
The communications device of claim 1, as discussed above and incorporated herein.
Mehta further discloses:
wherein the second application is stored on a second memory associated with the second computing device (Figure 2 label 207 illustrating memory storing thereon the application).
Claim 7: Mehta discloses:
The communications device of claim 6, as discussed above and incorporated herein.
Mehta further discloses:
wherein each of the first memory and the second memory comprises one of an integrated memory and a removable memory (page 80 paragraph 0320 illustrating removable medium).
Claim 8: Mehta discloses:
The communications device of claim 1, as discussed above and incorporated herein.
Mehta further discloses:
further comprising at least one of a different color or grayscale for each of the plurality of keys (Figure 2 label 212 illustrating buttons with different icons [considered to be a form of “color or grayscale”), descriptive Braille on or adjacent to each of the plurality of keys and descriptive text on or adjacent to each of the plurality of keys ((the remaining limitations are rendered optional by the limitation “at least one of” and therefore need not be disclosed by the applied art).
Claim 9: Mehta discloses:
The communications device of claim 1, as discussed above and incorporated herein.
Mehta further discloses:
wherein the plurality of keys comprise a plurality of physical keys (Figure 2 label 212 illustrating a button that exists [considered to be a form of “physical”]).
Claim 10: Mehta discloses:
The communications device of claim 1, as discussed above and incorporated herein.
Mehta further discloses:
wherein the plurality of keys comprise one or more capacitive touch screens (page 47 paragraph 0132 illustrating capacitive touch screen).
Claim 11: Mehta discloses:
A method (Abstract illustrating a method) of communicating a status of a person (page 2-3 paragraph 0008 illustrating providing a status of the user), the method comprising:
providing a simplified communications device to a care recipient (Figure 2 label 206 illustrating a first communication device with a reduced display), wherein the simplified communications device comprises:
a housing (Figure 2 label 206 illustrating the device with a housing);
a plurality of keys coupled to the housing, each key corresponding to a different status message of a care recipient (Figure 2 label 212 illustrating each key corresponding to a different input for the user);
a first memory situated within the housing and storing a first application (page 12 paragraph 0014 illustrating a memory storing software application); and
a processor situated within the housing, the processor configured to, in conjunction with the first application, cause the first application on the first computing device to send a status message corresponding to one of the plurality of keys (Figure 2 label 212 illustrating the application sending a message based on the user pushing the buttons), wherein the simplified communications device is capable of a wireless connection to the first computing device associated with the care recipient (page 35 paragraph 0080 illustrating wireless communications);
providing a second application stored in a second memory associated with a second computing device associated with a caregiver (Figure 2 label 207 illustrating memory storing thereon the application for a first responder to receive the status of the user [considered to be a form of “caregiver”])); and
based on one of the plurality of keys being pressed, automatically sending a status message corresponding to the one of the plurality of keys from the first application executing on the first computing device to the second application executing on the second computing device (Figure 2 label 207, page 1-2 paragraph 0006 illustrating a first responder receiving the message).
Claim(s) 12, 13, 14, 15, 16, 17, 18, 19, 20 recite(s) substantially similar limitations as those of claim(s) 2, 3, 4, 5, 6, 7, 8, 9, 10 above, and are therefore rejected for substantially similar rationale as applied above, and incorporated herein.
Claim 21: Mehta discloses:
The method of claim 11, as discussed above and incorporated herein.
Mehta further discloses:
wherein providing the simplified communications device comprises providing an application for the first computing device (Figure 2 label 212 illustrating providing the application to the user’s device).
Claim 22: Mehta discloses:
The method of claim 11, as discussed above and incorporated herein.
Mehta further discloses:
wherein providing the first application and providing the second application each comprises making the respective application available for downloading (page 8 paragraph 0011 illustrating providing sever software application available for installation onto the user devices [considered to be a form of “downloading”]).
Response to Arguments
In the Remarks filed on 11 March 2026, Applicant makes numerous arguments. Examiner will address these arguments in the order presented.
On page 8 Applicant argues that Mehta does not fairly disclose or suggest a user using interface 112 directly to send an emergency alert to a second device.
As a preliminary matter, Applicant’s claims merely recite a key being pushed to send a message to a device “associated” with a caregiver; the claim does not specifically recite who is pushing the button, or the contents of the message to be sent.
Accordingly, Mehta discloses that a any plurality of authorized users 200 or 205 may push a key on a user interface 208 or 209 to deliver a message to an EMS or authorized emergency service personnel 255 (see Figure 2). This disclosure is sufficient to meet the claim limitations, as discussed above and incorporated herein.
More specifically, the limitation “caregiver” is broad, and may be construed to be any person providing care to the patient under the broadest reasonable interpretation. To this end, an authorized third party (such as friend, family member, spouse, etc.) would properly be considered a “caregiver” in addition to emergency personnel (page 1-2 paragraph 0006). Mehta discloses all these embodiments, and fully meet the scope of the broad claims, and specifically because Applicant declines to specifically define and/or claim who the “caregiver” is, or the contents of the delivered message.
Simply put, the claims merely recite a key being pushed to deliver a message to a broadly defined, or otherwise undefined, “caregiver” device. Mehta fully accomplishes this end.
Applicant’s arguments on page 8-10 merely rehashes arguments previously addressed above, and incorporated herein.
Based on the evidence presented above, Applicant’s arguments are not found persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Brown (5997476) discloses a device with four buttons (Figure 3) in a manner similar to those disclosed in the instant pending Specification as originally filed.
Kawanaka (6138145) discloses a device with four buttons (Figure 10) in a manner similar to those disclosed in the instant pending Specification as originally filed.
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.
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/T.N.N./Examiner, Art Unit 3685
/KAMBIZ ABDI/Supervisory Patent Examiner, Art Unit 3685
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