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 § 101
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 21-39 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
Step 1
Claims 21-39 are within the four statutory categories. However, as will be shown below, Claims 1-20 are nonetheless unpatentable under 35 U.S.C. 101.
Claims 21, 30, 34, and 39 are representative of the inventive concept and recite:
Claim 21
A method for a first aid server, comprising:
receiving an event report from a user device; and
dispatching a first aider at least based on a position of the first aider;
wherein the event report comprises an indication of a health event of a user of the user device.
Claim 30
A method for a user device, comprising:
detecting a health event of a user of the user device;
and sending an event report to a first aid server;
wherein the event report comprises an indication of the health event of the user of the user device.
Claim 34
A method for a first aider device, the method comprising:
sending a position report of the first aider device to a first aid server; and
receiving a dispatch request from the first aid server;
wherein the dispatch request comprises an indication of a health event of a user of a user device.
Claim 39
An apparatus for first aid, comprising:
a communication interface;
a processor;
and a memory coupled to the processor, said memory containing instructions executable by said processor, whereby the apparatus is configured to:
receive an event report from a user device;
and dispatch a first aider at least based on a position of the first aider; and wherein the event report comprises an indication of a health event of a user of a user device.
Step 2A Prong One
The broadest reasonable interpretation of these steps includes mental processes because the
highlighted components can practically be performed by the human mind (in this case, the process of
detecting) or using pen and paper. Other than reciting generic computer components/functions such as “server”, “device”, “apparatus”, “communication interface”, “processor”, and “and a memory coupled to the processor, said memory containing instructions executable by said processor”, nothing in the claims preclude the highlighted portions from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, but for the recitation of generic computer components/functions, then it falls within “Mental Processes” grouping of abstract ideas. Additionally, the mere nominal recitation of a generic computer does not take the claim limitation out of the mental process grouping and thus, the claim recites a mental process. The recitation of generic computer components/functions such as sending, receiving, and dispatching also covers behavioral or interactions between people, and/or managing personal behavior or relationships or interactions between people (i.e. social activities, teaching, and following rules or instructions), hence the claim falls under “Certain Methods of Organizing Human Activity”. The types of identified abstract ideas are considered together as a single abstract idea for analysis purposes.
Dependent claims 22-29, 31-33, and 35-38 recite additional subject matter which further narrows
or defines the abstract idea embodied in the claims.
Step 2A Prong Two
This judicial exception is not integrated into a practical application. In particular, the claims recite the
following additional limitations:
Claims 21, 30 , and 34 recite: “server”, “device”
Claim 39 recites: “apparatus”, “communication interface”, “processor”. “memory coupled to the processor, said memory containing instructions executable by said processor”, and “device”
In particular, the additional elements do not integrate the abstract idea into a practical application,
other than the abstract idea per se, because the additional elements amount to no more limitations
which:
Amount to mere instructions to apply an exception (MPEP 2106.05(f)). The limitations
are recited as being performed by “server”, “device”, “apparatus”, “communication interface”, “processor”, and “memory coupled to the processor, said memory containing instructions executable by said processor”. These limitations are recited at a high level of generality and amounts to no more than mere instructions to apply the exception using a generic computer.
Dependent claims 22-24, 26-29, 33, and 37-38 recite “device”
Dependent claims 31, 33, 35, and 38 recite “server”
In particular, the additional elements do not integrate the abstract idea into a practical application,
other than the abstract idea per se, because the additional elements amount to no more limitations
which:
Amount to mere instructions to apply an exception (MPEP 2106.05(f)). The limitations
are recited as being performed by “server” and “device”, These limitations are recited at a high level of generality and amounts to no more than mere instructions to apply the exception using a generic computer.
Dependent claims 25, 32, and 36 do not include any additional elements beyond those already
recited in independent claims 21, 30, 34, and 39 and dependent claims 22-24, 26-29, 31, 33, 35, and 37-38, hence do not integrate the aforementioned abstract idea into a particular application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or any other technology. Their collective function merely provides conventional computer implementation and do not impose a meaningful limit to integrate the abstract idea into a practical application.
Step 2B
Claims 21, 30, 34, and 39 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to discussion of integration of the abstract idea into a practical application, the additional elements: A method in claim 1; amount to no more than mere instructions to apply and exception and add insignificant extra-solution activity to the abstract idea. Additionally, the additional limitations, other than the abstract idea per se, amount to no more than limitations which amount to elements that have been recognized as well- understood, routine, and conventional activity in particular fields as demonstrated by the recitation of :
Sending, which can refer to digital transmission of information from one device to another (TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748(Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional.
Receiving, which can refer to the process of acquiring or collecting information from a device, network, or sensor (TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748(Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional.
Dependent claims 25, 32, and 36 do not include any additional elements beyond those already
recited in independent claims 21, 30, 34, and 39 and dependent claims 22-24, 26-29, 31, 33, 35, and 37-38. Therefore, they are not deemed to be significantly more than the abstract idea because, as stated
above, the limitations of the aforementioned dependent claims amount to no more than generally
linking the abstract idea to a particular technological environment or field of use, and/or do not recite
and additional elements not already recited in independent claims 1, 10, 14, and 19-20 hence do not amount to “significantly more” than the abstract idea. Thus, taken alone, the additional elements do not amount to significantly more than the abstract idea identified above. Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually, and there is no indication that the combination of elements improves the functioning of a computer or improves any other technology, and their collective function merely provide conventional computer implementation.
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.
Claims 21-39 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Barash(US20230063013A1).
Claim 21
Barash discloses:
A method for a first aid server (Para 0106, Barash discloses server), comprising: receiving an event report from a user device(Para 0115, Barash discloses receiving information about an emergency call[EVENT REPORT]); and dispatching a first aider at least based on a position of the first aider (Para 0019, Barash discloses dispatching a responder based on position); wherein the event report comprises an indication of a health event of a user of the user device(Figure 1, Barash discloses a possible heart attack as a health event).
Claim 22
Barash discloses:
The method of claim 21, wherein the dispatching step comprises: receiving positions of multiple first aiders from their first aider devices(Figure 5, Barash discloses the receipt of positions of multiple responders); and selecting the first aider from the multiple first aiders at least based on their positions(Figure 5, #512, Barash discloses selected responders).
Claim 23
Barash discloses:
The method of claim 22, wherein the dispatching step further comprises: receiving capabilities and/or availabilities of the multiple first aiders from their first aider devices(Para 0116, Barash discloses the receiving of availability via geography by dispatcher); and wherein the selecting is further based on their capabilities and/or availabilities(Figure 5, Barash discloses the narrowing and selection of responders based on availability in a specific geography).
Claim 24
Barash discloses:
The method of claim 21, further comprises: establishing a voice call with the user device(Para 0022, Barash discloses establishing voice connections between communication devices); and instructing a bystander how to help the user or gathering on-site information from the bystander through the voice call(Para 0011, Barash discloses responders communicating with hospital staff to receive instruction and guidance on site).
Claim 25
Barash discloses:
The method of claim 21, wherein the event report further comprises at least one of: age, height(Para 0177, Barash discloses height), weight(Para 0177, Barash discloses weight), blood group(Para 0062, Barash discloses blood type), anamnesis, allergy(Para 0062, Barash discloses allergies), drug history(Para 0062, Barash discloses medications) and organ donation of the user.
Claim 26
Barash discloses:
The method of claim 21, wherein the dispatching step further comprises: sending a dispatch request(Para 0080, Barash discloses sending a dispatch request) to the first aider device of the first aider(Figure 1, #110, Barash discloses device of first aider); and wherein the dispatch request comprises the event report(Figure 1, #110, Barash discloses an event report with dispatch request).
Claim 27
Barash discloses:
The method of claim 21, wherein the dispatching step further comprises: navigating the first aider to the position of the user of the user device(Figure 1, Barash discloses a map on a responder device providing location of use of user device) and/or a medical equipment/supply position.
Claim 28
Barash discloses:
The method of claim 21, further comprises: establishing a voice call between the user device and the first aider device(Para 0105, Barash discloses a voice connection between user device and responder).
Claim 29
Barash discloses:
The method of claim 21, further comprises: informing an emergency response center or an emergency contact of the user of the user device of the event report(Para 0067, Barash discloses the automatic contacting of family members upon an event).
Claim 30
Barash discloses:
A method for a user device, comprising: detecting a health event of a user of the user device(Para 0018, Barash discloses the detection of a medical problem using sensors on a user device); and sending an event report(Figure 1, #110, Barash discloses a sent event report) to a first aid server(Para 0106, Barash discloses server); wherein the event report comprises an indication of the health event of the user of the user device(Figure 1, Barash discloses a possible heart attack as a health event).
Claim 31
Barash discloses:
The method of claim 30, further comprises: establishing a voice call(Para 0022, Barash discloses establishing voice connections) with the first aid server(Para 0106, Barash discloses server); and wherein instruction to a bystander(Para 0005, Barash discloses lay responder, who can be considered an untrained citizen) on how to help the user or on-site information from the bystander is transferred through the voice call(Para 0051, Barash discloses a direct voice channel to facilitate guidance for a person who is with the victim).
Claim 32
Barash discloses:
The method of claim 30, further comprises: collecting input from the user(Para 0062, Barash discloses the collection of user EMR data) about at least one of: age, height(Para 0177, Barash discloses height), weight(Para 0177, Barash discloses weight), blood group(Para 0062, Barash discloses blood type), anamnesis, allergy(Para 0062, Barash discloses allergies), drug history(Para 0062, Barash discloses medications) and organ donation of the user; and wherein the event report further comprises the collected input.
Claim 33
Barash discloses:
The method of claim 30, further comprises: establishing a voice call with a first aider device via the first aid server(Para 0129, Barash disclose a server for facilitating phone calls).
Claim 34
Barash discloses:
A method for a first aider device, the method comprising: sending a position report(Figure 5, Barash discloses a position report of responders based on the responder devices) of the first aider device to a first aid server(Para 0102, Barash discloses a server for GPS data); and receiving a dispatch request from the first aid server(Para 0080, Barash discloses the receipt of a dispatch request); wherein the dispatch request comprises an indication of a health event of a user of a user device(Figure 1, #110, Barash discloses an event report with dispatch request).
Claim 35
Barash discloses:
The method of claim 34, further comprises: sending capabilities and/or availabilities of the first aider to the first aid server(Para 0116, Barash discloses the sending of availability via geography to dispatcher) .
Claim 36
Barash discloses:
The method of claim 34, wherein the dispatch request further comprises(Para 0052, Barash discloses once a responder is confirmed, additional information may be provided that responders need to made aware of such a diabetes, etc) at least one of: age, height(Para 0177, Barash discloses height), weight(Para 0177, Barash discloses weight), blood group(Para 0062, Barash discloses blood type), anamnesis, allergy(Para 0062, Barash discloses allergies), drug history(Para 0062, Barash discloses medications) and organ donation of the user.
Claim 37
Barash discloses:
The method of claim 34, further comprises: receiving navigation to the position of the user of the user device(Figure 1, Barash discloses a map on a responder device providing location of use of user device) and/or a medical equipment/supply position.
Claim 38
Barash discloses:
The method of claim 34, further comprises: establishing a voice call with the user device via the first aid server(Para 0129, Barash disclose a server for facilitating phone calls).
Claim 39
Barash discloses:
An apparatus for first aid, comprising: a communication interface; a processor; and a memory coupled to the processor, said memory containing instructions executable by said processor, whereby the apparatus is configured to: receive an event report from a user device(Para 0115, Barash discloses receiving information about an emergency call[EVENT REPORT]); and dispatch a first aider at least based on a position of the first aider(Para 0019, Barash discloses dispatching a responder based on position); and wherein the event report comprises an indication of a health event of a user of a user device(Figure 1, Barash discloses a possible heart attack as a health event).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Webster(US20240282421A1) discloses a situation reporting using a wearable medical device.
Reid(US20120191476A1) discloses a method for collection, organization, and display of ems information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHERYL GOPAL PATEL whose telephone number is (703)756-1990. The examiner can normally be reached Monday - Friday 5:30am to 2:30pm PST.
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, Kambiz Abdi can be reached at 571-272-6702. 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.
/S.G.P./Examiner, Art Unit 3685 /KAMBIZ ABDI/Supervisory Patent Examiner, Art Unit 3685
Prosecution Insights