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 .
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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.
Claims 1, 2, 5, 6, 8-11, 14, 15 and 17-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 2, 3, 5, 7, 12 and 13 of U.S. Patent No. 12,267,373. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claims are anticipated by the reference claims.
Claims 1, 10 and 19 are disclosed by claims 1 (“first client device”/ second client device) and 7 (“authorized device”/ first client device) of the ‘373 Patent.
Claims 2 and 11 are disclosed by claim 2 of the ‘373 Patent.
Claims 5 and 14 are disclosed by claims 1 and 7 of the ‘373 Patent.
Claims 6 and 15 are disclosed by claim 3 of the ‘373 Patent.
Claims 8 and 17 are disclosed by claim 5 of the ‘373 Patent.
Claims 9, 18 and 20 are disclosed by claims 12 and 13 of the ‘373 Patent.
Claims 3, 4, 7, 12, 13 and 16 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1 and 7 of U.S. Patent No. 12,267,373 in view of U.S. Patent Application Publication 2017/0169699 to Will.
The claimed invention of Patent ‘373 do not disclose:
As concerns claim 3, the method of claim 1, wherein the first client device is located at remotely from an incident event, and wherein the second client device is located at the incident event.
As concerns claim 12, the system of claim 10, wherein the first client device is located at remotely from an incident event, and wherein the second client device is located at the incident event.
As concerns claim 4, the method of claim 1, further comprising, before receiving the request to initiate the emergency beacon, receiving a request from the second client device to be a part of an emergency beacon system.
As concerns claim 13, the system of claim 10, wherein the processor is configured to execute further processor-executable instructions stored in the non-transitory computer- readable medium to, before receiving the request to initiate the emergency beacon, receive a request from the second client device to be a part of an emergency beacon system.
Will ‘699 teach:
As concerns claim 3, the method of claim 1, wherein the first client device is located at remotely (Fig. 1, 116; or 122, 120, 118; Fig. 10-remote from user with event) from an incident event, and wherein the second client device is located at the incident event (Fig. 1, 112; Fig. 10-remote from user with event, Fig. 18-event at residence).
As concerns claim 12, the system of claim 10, wherein the first client device is located at remotely from an incident event (Fig. 1, 116; or 122, 120, 118; Fig. 10-remote from user with event), and wherein the second client device is located at the incident event (Fig. 1, 112; Fig. 10-remote from user with event, Fig. 18-event at residence).
As concerns claim 4, the method of claim 1, further comprising, before receiving the request to initiate the emergency beacon, receiving a request from the second client device to be a part of an emergency beacon system (0009-users must subscribe; 0018-subscribers).
As concerns claim 13, the system of claim 10, wherein the processor is configured to execute further processor-executable instructions stored in the non-transitory computer- readable medium to, before receiving the request to initiate the emergency beacon, receive a request from the second client device to be a part of an emergency beacon system (0009-users must subscribe; 0018-subscribers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the system of claimed invention ‘373, with remote operation and subscriptions, as taught by Will ‘699, in order to provide enhanced operability and account management.
Claims 7 and 16 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1 and 7 of U.S. Patent No. 12,267,373 in view of U.S. Patent Application Publication 2011/0040630 to Weiss.
The claimed invention of Patent ‘373 do not disclose:
As concerns claim 7, the method of claim 1, further comprising: determining that the second client device is not a part of an emergency beacon system; and transmitting, to the second client device, a request for the second client device to join the emergency beacon system.
As concerns claim 16, the system of claim 10, wherein the processor is configured to execute further processor-executable instructions stored in the non-transitory computer- readable medium to: determine that the second client device is not a part of an emergency beacon system; and transmit, to the second client device, a request for the second client device to join the emergency beacon system.
Weiss ‘630 teach:
As concerns claim 7, the method of claim 1, further comprising: determining that the second client device is not a part of an emergency beacon system (Fig. 4, 215); and transmitting, to the second client device, a request for the second client device to join the emergency beacon system (Fig. 4, 270).
As concerns claim 16, the system of claim 10, wherein the processor is configured to execute further processor-executable instructions stored in the non-transitory computer- readable medium to: determine that the second client device is not a part of an emergency beacon system (Fig. 4, 215); and transmit, to the second client device, a request for the second client device to join the emergency beacon system (Fig. 4, 270).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the claimed invention of Patent ‘373 with an invitation, as taught by Weiss ‘630, in order to provide an expanded service and opportunities for users.
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.
Claims 1-6, 8-15 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2017/0169699 to Will.
As concerns claim 1, a method comprising:
receiving, by a video conference provider (Fig. 1, 100; 0049) from a first client device (0056; 0062-0063-user interfaces; 0066), a request to initiate an emergency beacon (0050-subscriber initiate alarm event; 0066-; 0099);
determining, by the video conference provider, a second client device (Fig. 1, 110, 124) based on the request;
activating, by the video conference provider, the emergency beacon (0069; 0092; Fig. 3-320-trigger response, 324-initiate alarm event recording, 326) for the second client device;
establishing, by the video conference provider, a virtual session (0050-video communications, video conferencing with other parties; 0055; 0099; Fig. 3-initiate conference) based on the emergency beacon;
joining, by the video conference provider, the second client device to the virtual session without input from the second client device (0067; 0099; 0120; Fig. 3-323-connecte subscriber device to response server, 324, 327); and
transmitting, by the video conference provider, a request to join (0055-notice to join; 0067-0068-notice to join, additional party; Fig. 3, 325, 327; Fig. 4; Fig. 5) an authorized device (0056; 0067-0068-additional part; Fig. 4, Fig. 5-emergency, control center, contact persons) to the virtual session.
As concerns claim 10, a system comprising: a non-transitory computer-readable medium; a communications interface (Fig. 7); and a processor (Fig. 7) communicatively coupled to the non-transitory computer-readable medium and the communications interface, the processor configured to execute processor-executable instructions stored in the non-transitory computer-readable medium to:
receive, by a video conference provider (Fig. 1, 100; 0049) from a first client device (0056; 0062-0063-user interfaces; 0066), a request to initiate an emergency beacon (0069; 0092; Fig. 3-320-trigger response, 324-initiate alarm event recording, 326);
determine, by the video conference provider, a second client device (Fig. 1, 110, 124) based on the request;
activate, by the video conference provider, the emergency beacon for the second client device (0069; 0092; Fig. 3-320-trigger response, 324-initiate alarm event recording, 326);
establish, by the video conference provider, a virtual session (0050-video communications, video conferencing with other parties; 0055; 0099; Fig. 3-initiate conference) based on the emergency beacon;
join, by the video conference provider, the second client device to the virtual session without input from the second client device (0067; 0099; 0120; Fig. 3-323-connecte subscriber device to response server, 324, 327); and
transmit, by the video conference provider, a request to join (0055-notice to join; 0067-0068-notice to join, additional party; Fig. 3, 325, 327; Fig. 4; Fig. 5) an authorized device (0056; 0067-0068-additional part) to the virtual session.
As concerns claim 19, a non-transitory computer-readable medium comprising processor-executable instructions configured to cause one or more processors to:
receive, by a video conference provider (Fig. 1, 100; 0049) from a first client device (0056; 0062-0063-user interfaces; 0066), a request to initiate an emergency beacon (0069; 0092; Fig. 3-320-trigger response, 324-initiate alarm event recording, 326);
determine, by the video conference provider, a second client device (Fig. 1, 110, 124) based on the request;
activate, by the video conference provider, the emergency beacon for the second client device (0069; 0092; Fig. 3-320-trigger response, 324-initiate alarm event recording, 326);
establish, by the video conference provider, a virtual session (0050-video communications, video conferencing with other parties; 0055; 0099; Fig. 3-initiate conference) based on the emergency beacon;
join, by the video conference provider, the second client device to the virtual session without input from the second client device (0067; 0099; 0120; Fig. 3-323-connecte subscriber device to response server, 324, 327); and
transmit, by the video conference provider, a request to join (0055-notice to join; 0067-0068-notice to join, additional party; Fig. 3, 325, 327; Fig. 4; Fig. 5) an authorized device (0056; 0067-0068-additional part) to the virtual session.
As concerns claim 2, the method of claim 1, further comprising: joining, by the video conference provider, the authorized device to the virtual session (0050-video communications, video conferencing with other parties; 0055; 0099; Fig. 3-initiate conference; Fig. 17); and generating, by the video conference provider, a notification of the presence (Fig. 17, 1705-displayed name is a notification of presence) of the authorized device in the virtual session.
As concerns claim 11, the system of claim 10, wherein the processor is configured to execute further processor-executable instructions stored in the non-transitory computer- readable medium to: join, by the video conference provider, the authorized device to the virtual session (0050-video communications, video conferencing with other parties; 0055; 0099; Fig. 3-initiate conference; Fig. 17); and generate, by the video conference provider, a notification of the presence (Fig. 17, 1705- displayed name is a notification of presence) of the authorized device in the virtual session.
As concerns claim 3, the method of claim 1, wherein the first client device is located at remotely (Fig. 1, 116; or 122, 120, 118; Fig. 10-remote from user with event; 0058-remotely interact) from an incident event, and wherein the second client device is located at the incident event (Fig. 1, 112; Fig. 10-remote from user with event, Fig. 18-event at residence).
As concerns claim 12, the system of claim 10, wherein the first client device is located at remotely from an incident event (Fig. 1, 116; or 122, 120, 118; Fig. 10-remote from user with event; 0058-remotely interact), and wherein the second client device is located at the incident event (Fig. 1, 112; Fig. 10-remote from user with event, Fig. 18-event at residence).
As concerns claim 4, the method of claim 1, further comprising, before receiving the request to initiate the emergency beacon, receiving a request from the second client device to be a part of an emergency beacon system (0009-users must subscribe; 0018-subscribers).
As concerns claim 13, the system of claim 10, wherein the processor is configured to execute further processor-executable instructions stored in the non-transitory computer- readable medium to, before receiving the request to initiate the emergency beacon, receive a request from the second client device to be a part of an emergency beacon system (0009-users must subscribe; 0018-subscribers).
As concerns claim 5, the method of claim 1, wherein the first client device is the authorized device (0056; 0062-0063-user interfaces; 0066; Fig. 1, 116, 118, 120, 122).
As concerns claim 14, the system of claim 10, wherein the first client device is the authorized device (0056; 0062-0063-user interfaces; 0066; Fig. 1, 116, 118, 120, 122 ).
As concerns claim 6, the method of claim 1, further comprising: determining, by the video conference provider, a location of the second client device (0052-subscriber devices, GPS location; 0069-GPS location); and transmitting, by the video conference provider, the location of the second client device to the authorized device (0052-emergency response system 100 receive data from subscriber devices, data-GPS data; 0069).
As concerns claim 15, the system of claim 10, wherein the processor is configured to execute further processor-executable instructions stored in the non-transitory computer- readable medium to: determine, by the video conference provider, a location of the second client device (0052-subscriber devices, GPS location; 0069-GPS location); and transmit, by the video conference provider, the location of the second client device to the authorized device (0052-emergency response system 100 receive data from subscriber devices, data-GPS data; 0069).
As concerns claim 8, the method of claim 1, further comprising: determining, by the video conference provider, a status of the second client device (0068-alarm events, low level; 0069-data transmitted from subscriber device, different subsets of data); and transmitting, by the video conference provider, the status of the second client device to the authorized device (0068-alarm events, low level; 0069-data transmitted from subscriber device, different subsets of data, data made available to parties).
As concerns claim 17, the system of claim 10, wherein the processor is configured to execute further processor-executable instructions stored in the non-transitory computer- readable medium to: determine, by the video conference provider, a status of the second client device (0068-alarm events, low level; 0069-data transmitted from subscriber device, different subsets of data); and transmit, by the video conference provider, the status of the second client device to the authorized device (0068-alarm events, low level; 0069-data transmitted from subscriber device, different subsets of data, data made available to parties).
As concerns claim 9, the method of claim 1, further comprising: receiving from the authorized device an instruction for the second client device to activate a camera or microphone (0053; 0057-audio recordings) associated with the second client device; and transmitting the instruction to the second client device (0053; 0057-audio recordings; 0059-information transmitted from emergency response to auxiliary device).
As concerns claim 18, the system of claim 10, wherein the processor is configured to execute further processor-executable instructions stored in the non-transitory computer-readable medium to: receive from the authorized device an instruction for the second client device to activate a camera or microphone (0053; 0057-audio recordings; Fig. 7, 724; Fig. 11) associated with the second client device; and transmit the instruction to the second client device (0053; 0057-audio recordings; 0059-information transmitted from emergency response to auxiliary device).
As concerns claim 20, the non-transitory computer-readable medium of claim 19, further comprising processor-executable instructions configured to cause the one or more processors to: receive from the authorized device an instruction for the second client device to activate a camera or microphone (0053; 0057-audio recordings; Fig. 7, 724; Fig. 11) associated with the second client device; and transmit the instruction to the second client device (0053; 0057-audio recordings; 0059-information transmitted from emergency response to auxiliary device).
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, 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.
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2017/0169699 to Will in view of U.S. Patent Application Publication 2011/0040630 to Weiss.
Will ‘699 do not disclose:
As concerns claim 7, the method of claim 1, further comprising: determining that the second client device is not a part of an emergency beacon system; and transmitting, to the second client device, a request for the second client device to join the emergency beacon system.
As concerns claim 16, the system of claim 10, wherein the processor is configured to execute further processor-executable instructions stored in the non-transitory computer- readable medium to: determine that the second client device is not a part of an emergency beacon system; and transmit, to the second client device, a request for the second client device to join the emergency beacon system.
Weiss ‘630 teach:
As concerns claim 7, the method of claim 1, further comprising: determining that the second client device is not a part of an emergency beacon system (Fig. 4, 215); and transmitting, to the second client device, a request for the second client device to join the emergency beacon system (Fig. 4, 270).
As concerns claim 16, the system of claim 10, wherein the processor is configured to execute further processor-executable instructions stored in the non-transitory computer- readable medium to: determine that the second client device is not a part of an emergency beacon system (Fig. 4, 215); and transmit, to the second client device, a request for the second client device to join the emergency beacon system (Fig. 4, 270).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the system of Will ‘699 with an invitation, as taught by Weiss ‘630, in order to provide an expanded service and opportunities for users.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. U.S. Patent Application Publication 2020/0242718 to Owens et al. disclose providing real-time communication with emergency services.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN B WALSH whose telephone number is (571)272-7063. The examiner can normally be reached 7:30-3:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher L Parry can be reached at 571-272-8328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN B WALSH/Primary Examiner, Art Unit 2451
Prosecution Insights