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 .
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.
Claim Status
This action is in response to application filed on December 30, 2024. Claims 1-20 are pending for examination.
Claim Rejections - 35 USC § 103
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8, 10-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Caterino et al. (Caterino: US 20180122219A1) in view of Yuan et al. (Yuan: US 2018/0063814A1).
Regarding Claim 1, Caterino teaches a first communication device (Fig. 2, 104) comprising:
a network interface (Fig, 2, 216 and Par [0053] The wearable device 104 may include a communications module 216 that is configured to communicate with one or more different systems or devices either remotely or locally to the wearable device 104. Thus, the communications module 216 can send or receive messages from other wearable devices 104, from mobile devices 108,);
one or more output devices (Fig. 2, 232); and
an electronic processor (Fig. 2, processor 208 and Par49) coupled to the network interface and to the one or more output devices, the electronic processor configured to:
receive, via the network interface (Par 53, communication module 216), an alarm alert transmitted by a second communication device (Par 83, received from the wearable device 104 and/or a mobile device 108 associated with the wearable device 104 as disclosed above. The duress signal may be received by one or more receiving, or communication, devices such as … another wearable device 104, and/or mobile device 108, etc.),
wherein the alarm alert includes an indication of an alarm mode implemented by the second communication device at a time that the alarm alert was transmitted by the second communication device (Par 84, by determining the duress type associated with the duress signal received (step 712). In some embodiments, this determination may include reviewing an identification of the duress information contained in the duress signal. And Par 85, a hostage taking duress type (e.g., determined based on information from one or more wearable sensors, duress signals, etc.), );
determine whether a proximity of the first communication device to the second communication device is in close proximity; in response to determining that the first communication device is in close proximity to the second communication device, control the one or more output devices to output a first alarm notification in accordance with the alarm mode of the second communication device; and in response to determining that the first communication device is not in close proximity threshold from the second communication device, control the one or more output devices to output a second alarm notification in accordance with a current alarm mode of the first communication device (Par 16, Upon receiving a duress signal, the receiving device may provide and/or present an alert via one or more output devices and Par 85, the alarm may be configured to privately, or silently, alert those in close proximity to the hostage taking, while providing a non-silent alarm to those who not in close proximity to the hostage taking. Close proximity may be defined as any proximity where a non-silent alarm can be detected by a hostage taker, criminal, hostile force, or other individual adjacent to the wearable device 104 providing or causing the duress signal and Par 76, the duress signal may include the location of the user 102 who is under duress in the environment 500. The location may be retrieved from the location sensor(s) 228 of the wearable device 104 associated with the user 102 ).
Caterino does not explicitly disclose determine whether a proximity of the first communication device to the second communication device is within a proximity threshold.
However, Yuan teaches determining whether a proximity of the two communication devices is within a proximity threshold to provide a silent notification (Par 88-89 and Par 13-14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine a proximity of two devices within a proximity threshold as taught by Yuan in order to manage the notification types of devices in proximate locations (Yuan: Par 88).
Regarding Claim 2, the combination of Caterino and Yuan teaches the first communication device of claim 1, wherein at least one setting of the alarm mode of the second communication device is different than the at least one setting of the current alarm mode of the first communication device such that the first alarm notification is different than the second alarm notification (Caterino: Par 85, silent alarm and non-silent alarm mode).
Regarding Claim 3, the combination of Caterino and Yuan teaches the first communication device of claim 2, wherein the at least one setting of the alarm mode of the second communication device that is different than the at least one setting of the current alarm mode of the first communication device includes an audio level at which an alarm notification is output by the first communication device; wherein a first audio level of the alarm mode of the second communication device is zero such that the first alarm notification is silent; wherein a second audio level of the alarm mode of the first communication device is non-zero such that the second alarm notification is not silent (Caterino: Par 85, silent alarm and non-silent alarm modes).
Regarding Claim 4, the combination of Caterino and Yuan teaches the first communication device of claim 2, wherein the electronic processor is configured to temporarily control the one or more output devices in accordance with the alarm mode of the second communication device, when outputting the first alarm notification in response to receiving the alarm alert transmitted by the second communication device, (Caterino: Par 85, silent alarm in the event of hostage taking duress type in close proximity) without changing the current alarm mode of the first communication device with respect to additional alarm alerts that are received by the first communication device (Par 75, in the event that a user 102B has suffered a health event or heart failure the duress signal alert may be configured to guide other users 102A, 102N toward the location (Z3 508C) where the user 102B is suffering duress (e.g., to lend assistance and/or first aid, etc.). and Par 18, the alerts may be configured to be broadcast to one or more public output mechanisms (e.g., a loud speaker, television, monitor, alarm system, siren, etc.) to alert multiple users simultaneously.).
Regarding Claim 5, the combination of Caterino and Yuan teaches the first communication device of claim 2, wherein the first alarm notification is different from the second alarm notification due to the electronic processor outputting the first alarm notification on the first communication device in accordance with the alarm mode of the second communication device by changing an operation of at least one of the one or more output devices that would otherwise occur when outputting the second alarm notification on the first communication device in accordance with the current alarm mode of the first communication device (Caterino: Par 85, silent alarm i.e. sound is prevented i.e. changed from output unlike non-silent alarm).
Regarding Claim 6, the combination of Caterino and Yuan teaches the first communication device of claim 5, wherein the electronic processor is configured to output the first alarm notification on the first communication device in accordance with the alarm mode of the second communication device by preventing operation of at least one of the one or more output devices that would otherwise occur when outputting the second alarm notification on the first communication device in accordance with the current alarm mode of the first communication device (Caterino: Par 85, silent alarm i.e. sound is prevented i.e. changed from output unlike non-silent alarm).
Regarding Claim 7, the combination of Caterino and Yuan teaches the first communication device of claim 1, wherein the one or more output devices includes at least one of a group consisting of an audio output device, a visual output device, a haptic output device, and combinations thereof (Caterino: Par 16, Upon receiving a duress signal, the receiving device may provide and/or present an alert via one or more output devices (e.g., lights, displays, speakers, tactile feedback mechanisms, vibrating device, etc.).).
Regarding Claim 8, the combination of Caterino and Yuan teaches the first communication device of claim 1, wherein the electronic processor is configured to determine the proximity of the first communication device to the second communication device by at least one of a group consisting of:
determining whether the alarm alert was received by the network interface via a direct device-to-device communication channel (Caterino: Par 81, The duress signal may be provided directly by the wearable device 104 and Par 83, received by another wearable device 104 );
determining whether the alarm alert was received by the network interface as a short distance beacon;
receiving a location of the second communication device and comparing the location of the second communication device to a location of the first communication device;
determining whether the location of the first communication device is within a geofence associated with an incident in which the second communication device is being used; and combinations thereof.
Regarding Claim 10, the claimed steps of the method correspond with the elements of the device as addressed in claim 1. Since the device has been made obvious, the steps of using the device in its intended manner are also made obvious.
Claims 11-17 are rejected for the same reasons for claims 2-8 respectively.
Regarding Claim 19, Caterino teaches a method of providing an alarm output, the method comprising:
transmitting, with a first network interface (Fig, 2, 216) of a first communication device (Fig. 2, 104), an alarm alert to one or more other communication devices, wherein transmitting the alarm alert includes transmitting an indication of an alarm mode implemented by the first communication device at a time that the alarm alert was transmitted by the first communication device (Par 83, received from the wearable device 104 and/or a mobile device 108 associated with the wearable device 104 as disclosed above. The duress signal may be received by … another wearable device 104 and Par 84, by determining the duress type associated with the duress signal received (step 712). In some embodiments, this determination may include reviewing an identification of the duress information contained in the duress signal.);
receiving, with a second network interface (Fig, 2, 216 and Par [0053] The wearable device 104 may include a communications module 216 that is configured to communicate with one or more different systems or devices either remotely or locally to the wearable device 104. Thus, the communications module 216 can send or receive messages from other wearable devices 104, from mobile devices 108) of a second communication device (Fig. 2, 104), the alarm alert (Par 83, received from the wearable device 104 and/or a mobile device 108 associated with the wearable device 104 as disclosed above. The duress signal may be received by one or more receiving, or communication, devices such as … another wearable device 104, and/or mobile device 108, etc);
determining, with an electronic processor of the second communication device (Fig. 2, processor 208 and Par 49), a proximity of the second communication device to the first communication device; and in response to determining that the second communication device is in close proximity to the first communication device, outputting, with one or more output devices of the second communication device, an alarm notification in accordance with the alarm mode of the first communication device (Par 16, Upon receiving a duress signal, the receiving device may provide and/or present an alert via one or more output devices and Par 85, the alarm may be configured to privately, or silently, alert those in close proximity to the hostage taking, while providing a non-silent alarm to those who not in close proximity to the hostage taking. Close proximity may be defined as any proximity where a non-silent alarm can be detected by a hostage taker, criminal, hostile force, or other individual adjacent to the wearable device 104 providing or causing the duress signal and Par 76, the duress signal may include the location of the user 102 who is under duress in the environment 500. The location may be retrieved from the location sensor(s) 228 of the wearable device 104 associated with the user 102 ).
Caterino does not explicitly disclose determine whether a proximity of the first communication device to the second communication device is within a proximity threshold.
However, Yuan teaches determining whether a proximity of the two communication devices is within a proximity threshold to provide a silent notification (Par 88-89 and Par 13-14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine a proximity of two devices within a proximity threshold as taught by Yuan in order to manage the notification types of devices in proximate locations (Yuan: Par 88).
Regarding Claim 20, the combination of Caterino and Yuan teaches the method of claim 19, further comprising:
receiving, with the second network interface of the second communication device, a second alarm alert from the first communication device or from a third communication device, wherein the second alarm alert includes a second indication of a second alarm mode implemented by the first communication device or the third communication device at a time that the second alarm alert was transmitted by the first communication device or the third communication device; determining, with the electronic processor of the second communication device, a second proximity of the second communication device to the first communication device or the third communication device that transmitted the second alarm alert; and in response to determining that the second communication device is outside of the proximity threshold from the first communication device or the third communication device that transmitted the second alarm alert, outputting, with the one or more output devices of the second communication device, a second alarm notification in accordance with a current alarm mode of the second communication device (Caterino: see Fig. 7 and Par 16, Upon receiving a duress signal, the receiving device may provide and/or present an alert via one or more output devices and Par 85, … providing a non-silent alarm to those who not in close proximity to the hostage taking. Close proximity may be defined as any proximity where a non-silent alarm can be detected by a hostage taker, criminal, hostile force, or other individual adjacent to the wearable device 104 providing or causing the duress signal and Par 76, the duress signal may include the location of the user 102 who is under duress in the environment 500. The location may be retrieved from the location sensor(s) 228 of the wearable device 104 associated with the user 102 and Par [0086] the alarm type may be configured to guide individuals or groups toward or away from a location associated with the user under duress. For instance, a user suffering duress from a health condition may require aid, and as such, others may be directed or guided toward the user via the alarm (e.g., providing directions).
Allowable Subject Matter
Claims 9 and 18 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Prior arts cited for the record but not used in Office Action, are listed in attached PTO-892.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nay Tun whose telephone number is (571)270-7939. The examiner can normally be reached on Mon-Thurs from 9:00-5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner's Supervisor, Steven Lim can be reached on (571) 270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Nay Tun/Primary Examiner, Art Unit 2688
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