CTNF 19/007,025 CTNF 80494 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 101 07-04-01 AIA 07-04 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. Claims 7-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are not limited to “non-transitory” computer storage media. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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, 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. 07-21-aia AIA Claim (s) 7, 12, 13, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dinesen (US 20150018635) in view of Winick (US 20050128068) . Regarding claim 7 , One or more computer storage media having computer-executable instructions embodied thereon that, when executed by one or more processors, cause the one or more processors to perform a method, the method comprising: receiving, from a wearable electronic device, a first communication indicative of a medical event associated with a person wearing the wearable electronic device; (“ The system may be arranged to compare the first signal parameter to a threshold and trigger an alarm event in case the first signal parameter exceeds the threshold, such as an alarm event comprising at least one of: a visual alarm signal, an acoustic alarm signal, and a tactile alarm signal. The system may be arranged to alarm the pregnant woman, and/or medical staff, and thus the alarm may be communicated to several locations, e.g. wirelessly such as via the internet and/or a mobile phone net of the like ” Dinesen: paragraph 33) The claimed and based on the receiving, transmitting a second communication to a connected home system, the connected home system comprising a speaker and at least one communication interface configured to receive wireless communications from the wearable electronic device and communicate with a communication network using at least one of a wired connection and a wireless connection, wherein the second communication causes the connected home system to emit an audible indication is not specifically disclosed by Dinesen. Winick teaches sending medical alarms to a home security system (“ The following vehicle alarm functions can be sent to the home security system 100 from the VCS 180: arm partition, disarm partition, bypass, sound alarm (siren), cause panic alarm (including dial out), cause medical alarm, trigger output, X10 output, and send page via pager.” Winick: paragraph 81). Modifying Dinesen to additionally send alarms to a home security system would increase the overall utility of the system by providing the user with additional alerting means. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Dinesen according to Winick. Regarding claim 12 , The media of claim 7, wherein the medical event comprises an irregular heartbeat. (“ In some embodiments, the processing unit is arranged to perform an algorithm serving to process recorded sound from the sound sensor with the purpose of determining if the recorded sound is sound from an umbilical artery or sound from a uterine artery. This can be determined from the position of the sound sensor and/or from the heart rate and other characteristics of the sound from the blood flow.” Dinesen: paragraph 32) Regarding claim 13 , the claim is interpreted and rejected as claim 7 stated above. Regarding claim 18 , The method of claim 13, wherein the first communication is transmitted over a cellular network. (“ The system may be arranged to alarm the pregnant woman, and/or medical staff, and thus the alarm may be communicated to several locations, e.g. wirelessly such as via the internet and/or a mobile phone net of the like.” Dinesen: paragraph 33) Regarding claim 19 , the claim is interpreted and rejected as claim 12 stated above . 07-21-aia AIA Claim (s) 10, 11, 16, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dinesen in view of Winick and further in view of Miller (US 6061430) . Regarding claim 10 , The media of claim 7, wherein the method further comprises: based on the receiving, transmitting, to a medical facility, a fourth communication comprising information regarding the medical event is not specifically disclosed by Dinesen and Winich. Miller teaches a premises monitoring system that teaches contacting various emergency response locations in response to an emergency signal being indicated (“ In the latter regard, and as will be appreciated, the preregistered telephone numbers may correspond with a call forwarding station number, a premises monitoring service company, an emergency response station (e.g., fire department, police department, hospital, etc.), a mobile telephone device, a relative/friend (e.g., in the event of a medical alert) etc., thereby enhancing the likelihood of human contact/response to a sensed predetermined condition.” Miller: column 2, lines 46-56). Modifying Dinesen and Winick to notify additional emergency response centers would increase the overall safety of the system by providing additional means for receiving help. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Dinesen and Winick according to Miller. Regarding claim 11 , The media of claim 10, wherein the method further comprises: based on the receiving, transmitting, to an emergency response center, a fifth communication comprising information regarding the medical event. (“ In the latter regard, and as will be appreciated, the preregistered telephone numbers may correspond with a call forwarding station number, a premises monitoring service company, an emergency response station (e.g., fire department, police department, hospital, etc.), a mobile telephone device, a relative/friend (e.g., in the event of a medical alert) etc., thereby enhancing the likelihood of human contact/response to a sensed predetermined condition.” Miller: column 2, lines 46-56) Regarding claim 16 , the claim is interpreted and rejected as claim 10 stated above. Regarding claim 17 , the claim is interpreted and rejected as claim 11 stated above . 07-21-aia AIA Claim (s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dinesen in view of Winick and further in view of Haveri (US 20190362822) . Regarding claim 20 , The method of claim 13, wherein the medical event comprises a fall is not specifically disclosed by Dinesen and Winick. Haveri discloses a monitoring device that teaches monitoring for falls (“ The respiration sensor 100a, 100b may also provide skin temperature, body position, movement, fall detection (e.g., through an accelerometer 1150), sensor placement, and the like.” Haveri: paragraph 167). Adding a fall detection sensor to Dinesen and Winick would increase the overall safety of the system by providing additional emergency situations that can be detected and alerted for. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Dinesen and Winick according to Haveri . Double Patenting 08-33 AIA 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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of U.S. Patent No. 12,190,709 . Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same subject matter . The claim correspondence is as follows: Claim Application 12,190,709 1 1. A method comprising:detecting, at a wearable electronic device, a medical event associated with a person wearing the wearable electronic device; andbased on the detecting, transmitting, from the wearable electronic device, a first communication to a first mobile device, wherein the first communication causes the first mobile device to transmit a second communication to a connected home system, the connected home system comprising a speaker and at least one communication interface configured to receive wireless communications from the wearable electronic device and communicate with a communication network using at least one of a wired connection and a wireless connection, the second communication causing the connected home system to emit an audible indication. 1. A method comprising: detecting, at a wearable electronic device, a medical event associated with a person wearing the wearable electronic device; and based on the detecting, transmitting, from the wearable electronic device, a first communication to a first mobile device, wherein the first communication causes the first mobile device to transmit a second communication to a home security system, and wherein the second communication causes the home security system to emit an audible alarm. 2 2. The method of claim 1, wherein the first communication further causes the first mobile device to transmit, to a second mobile device, a third communication, wherein the third communication causes the second mobile device to display a notification comprising information regarding the medical event. 2. The method of claim 1, wherein the first communication further causes the first mobile device to transmit, to a second mobile device, a third communication, wherein the third communication causes the second mobile device to display a notification comprising information regarding the medical event. 3 3. The method of claim 2, wherein the information regarding the medical event comprises information regarding the identity of the person wearing the wearable electronic device. 3. The method of claim 2, wherein the information regarding the medical event comprises an identity of the person wearing the wearable electronic device. 4 4. The method of claim 1, wherein the first communication further causes the mobile device to transmit, to a medical facility, a fourth communication comprising data regarding the medical event. 4. The method of claim 1, wherein the first communication further causes the first mobile device to transmit, to a medical facility, a fourth communication comprising data regarding the medical event. 5 5. The method of claim 4, wherein the first communication further causes the mobile device to transmit, to an emergency response center, a fifth communication comprising information regarding the medical event. 5. The method of claim 4, wherein the first communication further causes the first mobile device to transmit, to an emergency response center, a fifth communication comprising information regarding the medical event. 6 6. The method of claim 1, wherein the medical event comprises an irregular heartbeat. 6. The method of claim 1, wherein the medical event comprises an irregular heartbeat. 7 7. One or more computer storage media having computer-executable instructions embodied thereon that, when executed by one or more processors, cause the one or more processors to perform a method, the method comprising:receiving, from a wearable electronic device, a first communication indicative of a medical event associated with a person wearing the wearable electronic device; andbased on the receiving, transmitting a second communication to a connected home system, the connected home system comprising a speaker and at least one communication interface configured to receive wireless communications from the wearable electronic device and communicate with a communication network using at least one of a wired connection and a wireless connection, wherein the second communication causes the connected home system to emit an audible indication. 7. One or more non-transitory computer storage media having computer-executable instructions embodied thereon that, when executed by one or more processors, cause the one or more processors to perform a method, the method comprising: receiving, from a wearable electronic device, a first communication indicative of a medical event associated with a person wearing the wearable electronic device; and based on the receiving, transmitting a second communication to a home security system, wherein the second communication causes the home security system to emit an audible alarm. 8 8. The media of claim 7, wherein the method further comprises:based on the receiving, transmitting, to a mobile device, a third communication, wherein the third communication causes the mobile device to display a notification comprising information regarding the medical event. 8. The non-transitory media of claim 7, wherein the method further comprises: based on the receiving, transmitting, to a mobile device, a third communication, wherein the third communication causes the mobile device to display a notification comprising information regarding the medical event. 9 9. The media of claim 8, wherein the information regarding the medical event comprises information regarding the identity of the person wearing the wearable electronic device. 9. The non-transitory media of claim 8, wherein the information regarding the medical event comprises an identity of the person wearing the wearable electronic device. 10 10. The media of claim 7, wherein the method further comprises:based on the receiving, transmitting, to a medical facility, a fourth communication comprising information regarding the medical event. 10. The non-transitory media of claim 7, wherein the method further comprises: based on the receiving, transmitting, to a medical facility, a fourth communication comprising information regarding the medical event. 11 11. The media of claim 10, wherein the method further comprises:based on the receiving, transmitting, to an emergency response center, a fifth communication comprising information regarding the medical event. 11. The non-transitory media of claim 10, wherein the method further comprises: based on the receiving, transmitting, to an emergency response center, a fifth communication comprising information regarding the medical event. 12 12. The media of claim 7, wherein the medical event comprises an irregular heartbeat. 12. The non-transitory media of claim 7, wherein the medical event comprises an irregular heartbeat. 13 13. A method comprising:receiving, at a connected home system, a first communication from a wearable electronic device, wherein the first communication is indicative of a medical event associated with a person wearing the wearable electronic device, the connected home system comprising a speaker and at least one communication interface configured to receive wireless communications from the wearable electronic device and communicate with a communication network using at least one of a wired connection and a wireless connection; andbased on the receiving, emitting, from the speaker of the connected home system, an audible indication. 13. A method comprising: receiving, at a home security system, a first communication from a wearable electronic device, wherein the first communication is indicative of a medical event associated with a person wearing the wearable electronic device; based on the receiving, emitting, from the home security system, an audible alarm; and transmitting to a mobile device a second communication, wherein the second communication causes the mobile device to display a notification comprising information regarding the medical event. 14 14. The method of claim 13, wherein the first communication further causes the connected home system to transmit, to a mobile device, a second communication, wherein the second communication causes the second mobile device to display a notification comprising information regarding the medical event. 13. A method comprising: receiving, at a home security system, a first communication from a wearable electronic device, wherein the first communication is indicative of a medical event associated with a person wearing the wearable electronic device; based on the receiving, emitting, from the home security system, an audible alarm; and transmitting to a mobile device a second communication, wherein the second communication causes the mobile device to display a notification comprising information regarding the medical event. & 14. The method of claim 13, wherein the first communication is transmitted from the wearable electronic device through the mobile device to the home security system. 15 15. The method of claim 14, wherein the information regarding the medical event comprises information regarding the identity of the person wearing the wearable electronic device. 15. The method of claim 13, wherein the information regarding the medical event comprises an identity of the person wearing the wearable electronic device. 16 16. The method of claim 13, wherein the first communication further causes the connected home system to transmit, to a medical facility, a third communication comprising data regarding the medical event. 16. The method of claim 13, wherein the first communication further causes the home security system to transmit, to a medical facility, a third communication comprising data regarding the medical event. 17 17. The method of claim 16, wherein the first communication further causes the connected home system to transmit, to an emergency response center, a fourth communication comprising information regarding the medical event. 17. The method of claim 16, wherein the first communication further causes the home security system to transmit, to an emergency response center, a fourth communication comprising information regarding the medical event. 18 18. The method of claim 13, wherein the first communication is transmitted over a cellular network. 18. The method of claim 13, wherein the first communication is transmitted over a cellular network. 19 19. The method of claim 13, wherein the medical event comprises an irregular heartbeat. 19. The method of claim 13, wherein the medical event comprises an irregular heartbeat. 20 20. The method of claim 13, wherein the medical event comprises a fall. 20. The method of claim 13, wherein the medical event comprises a fall . Allowable Subject Matter Claims 1-6 would be allowed over the prior art once the double patenting rejection is overcome. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose nor suggest a method for detecting a medical event at a wearable device, communicating that event to a first mobile device whereupon receiving the first communication the mobile device sends a second communication to a home security system that receives the second communication and activates an audible alarm. The closest prior art to Dinesen (US 20150018635) discloses sending multiple alerts to different receivers but does not disclose nor teach any chaining of communication from the alert device to a mobile device and then from the mobile device to a home security system . Conclusion Related Art: US 20220359064 A1 – medical event reporting using mobile devices US 20220139190 A1 – medical event reporting using mobile devices US 20210295965 A1 – medical event reporting using mobile devices US 20210118579 A1 – home monitoring US 20160165425 A1 – medical reporting with home security system US 20150364028 A1 – medical reporting with home security system US 20150221196 A1 – medical reporting with home security system US 20110163880 A1 – medical event reporting using mobile devices US 20110163881 A1 – medical event reporting using mobile devices US 20110009711 A1 – medical event reporting using mobile devices US 7843330 B2 – medical event reporting using mobile devices US 20100099994 A1 – relaying home monitoring information to a healthcare provider US 20080246629 A1 – medical event reporting using mobile devices US 5309506 A – medical reporting with home security system Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS R HUNNINGS whose telephone number is (571)272-3118. The examiner can normally be reached M: 6-7:30a, 9:30a-4:45p, 8:30-10p; T: 6-7:30a, 12-4p, 7:30p-12a; W: 6-7:30a, 9:30a-4:45p; H: 6-7:30a, 8:15a-4:45p; F: 12:00-4:45p. 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, Davetta Goins can be reached at 571-272-2957. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689 Application/Control Number: 19/007,025 Page 2 Art Unit: 2689 Application/Control Number: 19/007,025 Page 3 Art Unit: 2689 Application/Control Number: 19/007,025 Page 4 Art Unit: 2689 Application/Control Number: 19/007,025 Page 5 Art Unit: 2689 Application/Control Number: 19/007,025 Page 6 Art Unit: 2689 Application/Control Number: 19/007,025 Page 7 Art Unit: 2689 Application/Control Number: 19/007,025 Page 8 Art Unit: 2689 Application/Control Number: 19/007,025 Page 9 Art Unit: 2689 Application/Control Number: 19/007,025 Page 10 Art Unit: 2689 Application/Control Number: 19/007,025 Page 11 Art Unit: 2689 Application/Control Number: 19/007,025 Page 12 Art Unit: 2689
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